Who is responsible for construction safety? Presented by WorkSafe Victoria and Master Builders Association Victoria

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3 Who is responsible for construction safety? Presented by WorkSafe Victoria and Master Builders Association Victoria

4 Work Safe Week 2013 For the respect of others please ensure your mobile phone is switched off or on silent. In the event of an emergency a Convention Centre team member will direct us to the nearest Evacuation Assembly Area which is Flinders Wharf Park (across the new Yarra River Footbridge) or John Batman Park. Please remain seated until directed to leave. Please note recording of this session is not permitted. Presentations for most seminars will be available on our website after the conclusion of Work Safe Week Later this afternoon you ll receive an inviting you to complete our evaluation. We ask you to complete this and help us to improve Work Safe Week. As a thank you, you ll go into the draw to win a $100 Coles Group and Myer gift card.

5 Who is responsible for construction safety? Presented by WorkSafe Victoria and Master Builders Association Victoria

6 Who is responsible for construction safety?

7 What are we covering? - Clarity around where OHS duties lie for builders and subcontractors - The role of the builder to Coordinate safety - Legal requirements for SWMS - Training for persons with OHS responsibilities

8 The hierarchy for OHS management on a construction site 1.Builder/Principal Contractor 2.Contract Administrator/Project Manager 3.Site foreman/manager 4.Subcontractors 5.Workers direct employees/subcontractor s employees/apprentices/labour hire workers

9 Builder/Principal Contractor Regulation Who is the principal contractor for a construction project? (1) The owner is the principal contractor of the workplace where the construction project is to be carried out unless the owner (a) appoints a principal contractor for the construction work performed for or on behalf of the owner; and (b) authorises the principal contractor to manage or control the workplace to the extent necessary to discharge the duties imposed on a principal contractor under this Subdivision. (2) If domestic premises become a workplace due to construction work being performed and the owner of those premises engages a person to manage or control the workplace, the person engaged is taken to be the principal contractor for the purposes of this Subdivision.

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11 Health and safety co-ordination plans A principal contractor for a construction project must ensure that (a)a health and safety co-ordination plan is prepared, in accordance with regulation , for construction work before that work commences; and (b) the plan is monitored, maintained and kept up to date during the course of the construction work. Note Act compliance section 26 (see regulation 1.1.7). Section 26 of the OHS Act 2004 Duties of persons who manage or control workplaces

12 Section 26 Occupational Health and Safety Act 2004 Duties of persons who manage or control workplaces (1)A person who (whether as an owner or otherwise) has, to any extent, the management or control of a workplace must ensure so far as is reasonably practicable that the workplace and the means of entering and leaving it are safe and without risks to health. Penalty: 1800 penalty units for a natural person; 9000 penalty units for a body corporate. (2) The duties of a person under subsection (1) apply only in relation to matters over which the person has management or control. What means does a builder/principal contractor have to exercise management or control? - Supervision Timely and effective - Safe Work Method Statements

13 OHS Coordination Plan PEOPLE WITH SPECIFIC HEALTH AND SAFETY RESPONSIBILITIES Name Position Phone no. Brief description of OHS responsibilities All Subcontractors Site Foreman /Builder Overall OHS management Prepare, monitor and make available the OHS Coordination plan Ensure company signage posted Ensure all contractors and visitors receive site safety information Consult with employees & contractors on OHS matters that may affect them Receive and review SWMS from sub-contractors Ensure that all persons kept informed of safety issues related to this site When present on site inspect the site and ensure that work is being done by subcontractors in accordance with SWMS Provide SWMS Ensure that all their employees are trained in SWMS Ensure that work is done in accordance with SWMS.

14 ARRANGEMENTS FOR COORDINATING THE HEALTH AND SAFETY OF THE PROJECT Describe the responsibilities for the arrangements. Include the arrangements for communicating with contractors and others who may be off-site from time to time. Item Responsible person Identify site safety needs and establish site Ensure company signage posted. Prepare, monitor, maintain and make available the OHS Coordination plan Consult with employees & sub-contractors on OHS matters that may affect them Ensure all contractors and visitors receive site safety information Confirm subcontractors give site safety briefings to their workers Receive and review SWMS from sub-contractors Conduct weekly site inspections When present on site inspect the site and ensure that work is being done by subcontractors in accordance with SWMS Supply and maintain the site first aid kit When off-site, ensure OHS information is passed on by?????????????? (back-up). Otherwise ensure alternative communication means are arranged with each subcontractor (eg fax, , SMS)

15 What level of training is appropriate for a site foreman/supervisor/builder? - Master Builders recommends Certificate III in OHS 6 days training - Pre-requisite for commercial registration - Supervisors/managers should be competent to produce and review Safe Work Method Statements - Builders/supervisors need to have knowledge to identify the breadth of hazards that can arise on construction sites including in particular: - falls risks - manual handling - plant risks - chemical risks Contract Administrators/Project Managers (Commercial Construction) - Master Builders recommends Certificate IV in OHS - Involved in selection of subcontractors - Need to evaluate the safety risks prior to commencement of the project

16 What is a SWMS? A document that: -Identifies high risk construction work -states the hazards and risks to health or safety of that work -Describes the measures to control those risks -Describes how the control measures are to be implemented.

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18 Legislative requirements for SWMS - Mandated under the Construction chapter of the Victorian OHS Regulations 2007 effective 1 July Required for High Risk Construction Work 19 types of construction work - Builders and subcontractors (including self employed) need to know which of these criteria apply to their work.

19 SWMS must be completed for the following high risk construction work: Where there is a risk of a person falling more than 2 metres; involving tilt-up or precast concrete; involving demolition; involving structural alterations that require temporary support to prevent collapse (e.g. prop works, use of acro s, formwork) at workplaces where there is any movement of powered mobile plant; involving the removal or likely disturbance of asbestos; involving a confined space; involving a trench or shaft if the excavated depth is more than 1 5 metres; on or near energised electrical installations or services *

20 SWMS must be completed for the following high risk construction work: involving a tunnel; involving the use of explosives; on or near pressurised gas distribution mains or piping; on or near chemical, fuel or refrigerant lines; in an area that may have a contaminated or flammable atmosphere; on or adjacent to roadways or railways used by road or rail traffic; in an area where there are artificial extremes of temperature; in, over or adjacent to water or other liquids where there is a risk of drowning; involving diving. on telecommunications towers;

21 5.1.9 Safe work method statement required for high risk construction work (1) An employer must not perform high risk construction work if there is a risk to the health or safety of any person arising from the work, unless (a) a safe work method statement is prepared for the work before the work commences; and (b) the work is performed in accordance with the statement. Which employer? The subby or the builder? Duty is directly linked to Sections 21 and 23 Who provides the tools, the workers, the training and instruction? Who s system of work is it?

22 5.1.9 Safe work method statement required for high risk construction work (2) If there is non-compliance with a safe work method statement prepared under subregulation (1) in relation to particular work, the employer must (a) stop that work immediately or as soon as it is safe to do so; and (b) not resume the work until the statement is complied with or reviewed and, if necessary, revised. Note Act compliance sections 21 and 23 (see regulation 1.1.7). A principal contractor is still an employer under Section 21 of the Act and have duties under Section 26. Both the principal contractor (when on site) and the subcontractor have the ability to stop unsafe work.

23 SWMS and consultation 35. Duty of employers to consult with employees When doing any of the following things, an employer must so far as is reasonably practicable consult with the employees who are or are likely to be directly affected by the employer doing that thing (a) identifying or assessing hazards or risks to health or safety at a workplace under the employer's management and control or arising from the conduct. (b) making decisions about the measures to be taken to control risks to health or safety at a workplace. Consultation is the difference between assuming and knowing that the workplace is safe

24 The importance of subby education - Predominantly small business Certificate III may not be practicable - Small Business OHS Consultancy may be as much as they ever receive. - Do they know what their duties are? - Are they aware of the implications? - Do they know the difference between assuming and knowing?

25 Further assistance - Certificate III in OHS - WorkSafe funded Small Business Program 3 hours of Free OHS Consultancy for business with less than 20 employees - Free Site Safety Audits for Master Builders members Call

26 Who is responsible for construction safety? Presented by WorkSafe Victoria and Master Builders Association Victoria

27 Master Builders Association of Victoria What have we heard so far: Responsibility of principal contractor to manage safety on site Systems assist in compliance with OH&S Act, such as SWMS, Safety Co-ordination plans, training and consultation. Employee engagement provides better safety outcomes.

28 Today s topics Why an inspector will visit your site? What an inspector will generally be looking for? Who the inspector will deal with? Constructive compliance

29 What initiates a visit? Response Specific focus Inspector observes something

30 Response Reportable Incidents Service Requests

31 Response Service Requests

32 Response Reportable Incidents

33 Specific Focus

34 Specific Focus

35 Inspector observations

36 What an Inspector looks for! High consequence hazards Falls from height Electric shock Struck by plant Structural collapse Site management

37 Hazards Falls from height Electric shock

38 Hazards Struck by plant

39 Hazards Structural Collapse

40 Documentation High Risk Work Licences Construction induction Cards SWMS HSCP

41 What an Inspector looks for! Public safety Site security Traffic management Housekeeping Basic site management, material storage areas, Designated rubbish areas Amenities Clean, maintained & level toilet Water for drinking & washing Hygienic eating area

42 Traffic Management

43 Public protection

44 Poor Housekeeping

45 Two-pronged approach Constructive Compliance Encouragement Workplace Strong deterrence Information, Education and Communication Financial Incentives Risk of Detection Risk of Prosecution Penalties

46 Worksafe Encouragement Premium reduction HSR support through dedicated website with free registration 3hour independent consultancy Website access, free publications & advisory service Grants & programs

47 Deterrence: Construction Development site First Aid, electrical safety, falls risks observed in June 2008, notices complied with. Same issues identified in July Company fined a total of $95,000. Company Director who was on site on each occasion was also fined & convicted $17,000.

48 Sub contractors on site Inspectors will deal with sub contractors where they have direct management and control of an activity Inspectors will take appropriate enforcement action directly with the subcontractor. Dual responsibilities apply? The inspector will also take appropriate action with the principal contractor.

49 Where can I get more help? Call WorkSafe Advisory line Visit our website - worksafe.vic.gov.au Assistance via industry associations & unions- HIA, MBAV, NECA, CCF, MPMSAA,CFMEU, ETU, CEPU, AWU etc Page 49

50 Want to keep up-to-date with OHS? Subscribe to our free fortnightly ed newsletter, Safety Soapbox. Send your: Name Organisation Phone contact Preferred address to:

51 Work Safe Week 2013 Don t forget the evaluation form that you will receive via . We ask you to complete this and help us to improve Work Safe Week. As a thank you, you ll go into the draw to win a $100 Coles Group and Myer gift card.

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