Note. This Part imposes obligations on an employer. Employer, for the purposes of this Chapter, includes self-employed persons (see clause 3).
In this Chapter:construction site means the site of construction work (either in progress or suspended).
falling objects means objects (including materials, debris, tools and equipment) that fall or rebound during construction work.
formwork means the surface, supports and framing used to define the shape of concrete until it becomes self-supporting.
high risk construction work means any of the following:
(a) construction work involving structural alterations that require temporary support,(b) construction work at a height above 3 metres,(c) construction work involving excavation to a depth greater than 1.5 metres,(d) demolition work for which a licence is not required under Chapter 10 to carry on the business of that work,(e) construction work in tunnels,(f) construction work involving the use of explosives,(g) construction work near traffic or mobile plant,(h) construction work in or around gas or electrical installations,(i) construction work over or adjacent to water where there is a risk of drowning.overhead protective structure means an overhead structure designed to protect:
(a) persons at a construction site, or(b) public places or other property (or persons on public places or other property) adjoining a construction site.principal contractor, in relation to construction work (or a construction project involving construction work), means a person who is, under clause 210, for the time being appointed or taken to be the principal contractor for the construction work.
qualified engineer for a task means a person qualified for member grade of the Australian Institution of Engineers, having not less than 4 years post-qualification professional engineering experience in that task.
structural frames includes steelwork, post-tensioning and pre-cast concrete, timber or masonry frames of any part of a building or structure.
210 Appointment of principal contractor
(1) This clause applies to any place of work at which:(a) construction work is undertaken and the cost of the work exceeds $250,000, or(b) high risk construction work is undertaken and the cost of the work does not exceed $250,000, or(c) demolition work or asbestos removal work for which a licence is required under Chapter 10 to carry on the business of that work is undertaken (regardless of the cost of the work).(1A) Despite subclause (1), this clause does not apply to the following places of work at which the work referred to in the subclause is undertaken:(a) a mining workplace that is a mine for which there is an operator nominated under the Mine Health and Safety Act 2004, or(b) a coal workplace for which there is an operator nominated under the Coal Mine Health and Safety Act 2002.(2) An owner of a place of work to which this clause applies must:(a) appoint a principal contractor for the construction work carried out by or on behalf of the owner, and(b) authorise the principal contractor who is appointed to exercise such authority of the owner as is necessary to enable the principal contractor to discharge the responsibilities imposed on a principal contractor by this Part.(3) A person cannot be appointed as a principal contractor unless the person is responsible for the construction work at all times until the work is completed.(4) If a principal contractor is not appointed in relation to demolition work or asbestos removal work referred to in subclause (1) (c), the employer carrying out that work is taken to be the principal contractor for the work.(5) Nothing in this clause prevents an owner from appointing itself as the principal contractor for the construction work.(6) Subject to subclause (4), if an owner does not appoint a principal contractor for the construction work, the owner is taken to be the principal contractor for the construction work.(7) An owner must ensure that signs, that are clearly visible from outside the site and on which the name and contact telephone numbers (including an after hours emergency telephone number) of the principal contractor are stated, are placed on each construction site.(8) In this clause:owner has the same meaning as in the Local Government Act 1993.
Maximum penalty: Level 4.
For the purposes of this Chapter, the cost of any construction work is:(a) the cost of the work as assessed for the purposes of the payment of any fee for approval to carry out the work under the Environmental Planning and Assessment Act 1979, or(b) if there is no such cost assessed, the contract price for carrying out the work, or(c) if there is no such contract price, the value of the work carried out.
Part 8.2 OHS induction training—construction work
Note. This Part imposes obligations on principal contractors and employers to ensure that occupational health and safety induction training has been undertaken by construction workers and requires self-employed construction workers to undertake such training. The provisions apply with respect to all construction work.
In this Part:Code of Practice means the National Code of Practice for Induction for Construction Work (May 2007) prepared by the Commonwealth, as in force from time to time.
construction project means a project involving construction work.
general induction training means training that covers the relevant health and safety topics set out in the Code of Practice.
OHS construction induction training card means:
(a) a card issued to a person under clause 220A whom WorkCover is satisfied has completed the general induction training referred to in clause 216 (1) (a), or(b) a card issued to a person who has completed equivalent training in another jurisdiction, or(c) an equivalent card or certificate (however described) obtained in another State or in a Territory.OHS induction training has the meaning given by clause 216.
registered training organisation or RTO means a training organisation registered by a State or Territory registering body.
State or Territory registering body means:
(a) the Vocational Education and Training Accreditation Board constituted by the Vocational Education and Training Act 2005, or(b) the body responsible for the accreditation of vocational courses under a corresponding law.statement of OHS induction training means a statement issued under clause 220.
212A Application to mining workplaces and coal workplaces
A person is not required to undertake general induction training, or to ensure that such training is undertaken in relation to a person carrying on construction work at a mining workplace that is a mine, or at a coal workplace if:(a) the person carrying on construction work is not principally or regularly engaged in construction work at that workplace, and(b) an operator has been nominated for the mine under the Mine Health and Safety Act 2004 or for the coal workplace under the Coal Mine Health and Safety Act 2002, and(c) the person carrying on construction work has been provided with site induction training that:(i) covers the relevant health and safety topics set out in the Code of Practice that the person would otherwise have been provided with if the person had completed general induction training, and(ii) relates to the particular site at which the construction work is to be carried out.
213 Principal contractors to ensure that OHS induction training undertaken
(1) A principal contractor for a construction project must not direct or allow another person to carry out construction work on the construction project unless the principal contractor is satisfied that the person has undergone OHS induction training.(1A) The only evidence on the basis of which a principal contractor may be satisfied that a person has completed the general induction training is production by the person of a current OHS construction induction training card.(1B) (Repealed)(2) A principal contractor for a construction project must:(a) identify any change in the construction site, and in the activities performed by each person carrying out construction work at the construction site, that might affect the health or safety of any person on the construction site, and(b) if any such change is identified, ensure that each person carrying out construction work at the construction site undergoes such OHS induction training referred to in clause 216 (1) (b) or (c) as is necessary to enable the person to carry out that work safely despite the change.Maximum penalty: Level 3.
214 Employers to ensure OHS induction training undertaken
(1) An employer must ensure that any employee whom the employer employs to carry out construction work has been provided with the OHS induction training required to be undertaken by the employee in accordance with this Part.(1A) The only evidence on the basis of which an employer may be satisfied that an employee has completed the general induction training is production by the employee of a current OHS construction induction training card.(1B) (Repealed)(2) An employer must not direct or allow an employee to carry out construction work unless the employer is satisfied that the employee has undergone OHS induction training.(3) An employer who employs any employee to carry out construction work must:(a) identify any change in the construction site, and in the activities performed by each employee carrying out construction work at the construction site, that might affect the health or safety of any person on the construction site, and(b) if any such change is identified, ensure that each employee carrying out construction work at the construction site undergoes such OHS induction training referred to in clause 216 (1) (b) or (c) as is necessary to enable the employee to carry out that work safely despite the change.Maximum penalty: Level 3.
Note. Section 22 of the Act provides that an employer must not impose a charge on an employee in respect of anything done or provided in pursuance of any specific requirement made by or under the Act.
215 Self-employed persons to undergo OHS induction training
(1) A self-employed person must not carry out construction work unless the person has undergone OHS induction training.(2) A self-employed person carrying out construction work must:(a) identify any change in the construction site, and in the activities performed by the person at the construction site, that might affect the health or safety of any person on the construction site, and(b) if any such change is identified, undergo such OHS induction training referred to in clause 216 (1) (b) or (c) as is necessary to enable the person to carry out that work safely despite the change.Maximum penalty: Level 3.
215A Holder of OHS construction induction training card to produce card
(1) An inspector may direct a person carrying out construction work to produce for inspection immediately:(a) the person’s OHS construction induction training card, and(b) a sample of the person’s usual signature.(2) A person to whom such a direction is given must not fail to comply with the direction.Maximum penalty: Level 1.
(3) (Repealed)
(1) For the purposes of this Part, OHS induction training means training referred to in each of the following paragraphs completed to the satisfaction of the person conducting the training:(a) general induction training,(b) task-specific induction training that covers the relevant health and safety topics set out in the Code of Practice and relates to the particular type of construction work to be carried out,(c) site induction training that covers the relevant health and safety topics set out in the Code of Practice and relates to the particular site at which the construction work is to be carried out.(2) General induction training must be conducted by a nominated person approved in respect of an RTO under clause 217.Maximum penalty: Level 3.
(3) This Part does not apply so as to require task-specific induction training to be undertaken by a person carrying out construction work at a mining workplace or a coal workplace.
217 Approval of RTO and persons nominated to conduct general induction training
(1) An application by an RTO to be approved to provide general induction training in New South Wales must:(a) be in the approved form, and(b) be accompanied by the application fee as determined by WorkCover, and(c) be accompanied by:(i) a copy of the RTO’s registration with the relevant State or Territory registering body, and(ii) the name of each person nominated by the RTO to be approved to carry out general induction training (a nominated person), and(d) be lodged in the approved manner.(2) WorkCover may approve the RTO or may refuse the application for such reasons as it considers sufficient.(3) If WorkCover approves an RTO, WorkCover may approve each nominated person named in the application in respect of that RTO or may refuse to approve any such person for such reasons as it considers sufficient.(4) An approved RTO may at any time apply to have a nominated person approved to provide general induction training in respect of that RTO.(5) WorkCover may approve the nominated person or may refuse the application for such reasons as it considers sufficient.(6) If WorkCover approves an RTO or a nominated person, it must issue a notice of approval to the RTO.(7) If a person ceases to be a nominated person because that person is no longer under the supervision of, or in partnership with, the RTO in respect of which he or she is approved, the RTO must inform WorkCover of that matter within 14 days.(8) An RTO must not provide general induction training or advertise the provision of such training unless the RTO is approved for that purpose by WorkCover and the training is carried out by a nominated person approved in respect of that RTO.Maximum penalty: Level 3.
(9) A person must not provide general induction training for the purposes of this Part unless the person is a nominated person approved in respect of an RTO.Maximum penalty: Level 3.
218 Suspension and cancellation of approval
(1) WorkCover may suspend or cancel the approval of a nominated person if it is satisfied that:(a) the person is no longer competent to conduct the training for which the person is approved, or(b) the person is no longer under the supervision of, or in partnership with, the RTO in respect of which the person is approved, or(c) the person has been convicted of an offence against the Act or the associated occupational health and safety legislation, or any regulation under the Act or that legislation, or of an offence against a corresponding law within the meaning of Part 9.1A or any regulation under any such corresponding law, or(d) the person was approved on the basis of false or misleading information or a failure to disclose or provide required information, or(e) the person has contravened the Code of Practice or a guideline relating to the provision of general induction training, or(f) the person has had his or her accreditation as an assessor suspended or cancelled under clause 287, or(g) the person has had his or her approval as a nominated person suspended or cancelled under clause 264Q.(2) WorkCover may suspend or cancel the approval of an RTO if it is satisfied that:(a) the RTO was approved on the basis of false or misleading information or a failure to disclose or provide required information, or(b) the RTO has contravened the Code of Practice or a guideline relating to the provision of general induction training, or(c) the RTO has had its approval as a provider of high risk work assessments suspended or cancelled under clause 264Q.(3) If the registration of an RTO is cancelled, any approval of the body and of each person nominated in respect of that RTO under this Part is immediately cancelled.(4) If the registration of an RTO is suspended, any approval of the RTO and of each person nominated in respect of that RTO under this Part is also suspended during that suspension.(5) Before suspending or cancelling the approval of an RTO or a nominated person, WorkCover:(a) must cause written notice of the proposed suspension or cancellation to be given to the RTO or person, and(b) must give the RTO or person a reasonable opportunity to make representations to WorkCover in relation to the proposed suspension or cancellation, and(c) must have regard to any representations so made.(6) If, after having regard to any representations made by the RTO or nominated person, WorkCover decides to proceed with the proposed suspension or cancellation, WorkCover must give to the RTO or nominated person a written notice:(a) stating that the approval is suspended or cancelled, and(b) in the case of a suspension, specifying the period for which the approval is suspended, and(c) giving reasons for the suspension or cancellation.(7) The suspension or cancellation takes effect on the date on which notice of the suspension or cancellation is given to the RTO or nominated person or such later date as may be specified in the notice.(8) An RTO or a nominated person is taken not to be approved during any period of suspension.
220 Statements of OHS induction training
(1) A person who conducts training referred to in clause 216 (1) (a) must issue to each person who has, in the opinion of the person conducting the training, completed the training in accordance with the relevant guidelines issued by WorkCover a written statement that:(a) states that the person to whom the statement is issued completed the training to the satisfaction of the person conducting it, and(b) identifies the types of activities covered by the training, and(c) specifies the date or dates on which the training was provided, and(d) specifies the name and qualifications of the person who conducted the training, and(e) is signed by the person who conducted the training.(1A) Within 7 days after a person issues a statement of OHS induction training under this clause, the person must cause notice of that fact to be given to WorkCover so as to enable WorkCover to issue the person to whom the statement has been issued with an OHS construction induction training card.Maximum penalty: Level 1.
(1B) During the period of 30 days after a statement of OHS induction training is issued under his clause, the person to whom it is issued is, for the purposes of clauses 213, 214 and 215A, taken to hold an OHS construction induction training card and the statement is, for those purposes, taken to be such a card.(1C) WorkCover may issue guidelines:(a) for the provision of OHS induction training, and(b) for the issue of statements of OHS induction training under this clause.(1D) A person providing OHS induction training must not:(a) provide any such training otherwise than in accordance with any guidelines issued under this clause, or(b) issue a statement of OHS induction training under this clause without having provided any such training, or(c) issue a statement of OHS induction training under this clause without the person having completed the training.Maximum penalty: Level 2.
(2) A person who conducts training referred to in clause 216 (1) (a) must keep a record of each statement of OHS induction training issued until 3 years after the issue of the statement.Maximum penalty: Level 2.
220A OHS construction induction training cards
(1) WorkCover may issue an OHS construction induction training card to any person whom it is satisfied has completed the general induction training referred to in clause 216 (1) (a), whether on the basis of a statement of OHS induction training issued under clause 220 or otherwise.(2) An OHS construction induction training card is of unlimited duration.
220B Replacement of lost, stolen, damaged or destroyed OHS construction induction training cards
(1) The holder of an OHS construction induction training card that is lost, stolen, damaged or destroyed may apply to WorkCover for a replacement card.(2) The application:(a) must be in the approved form, and(b) must be accompanied by a statutory declaration by the applicant that explains how, or the circumstances in which, the card was lost, stolen, damaged or destroyed, and(c) must be accompanied by the fee fixed for the time being by WorkCover to cover expenses in connection with issue of replacement cards.(3) WorkCover may issue a replacement card if satisfied that the applicant’s OHS construction induction training card has been lost, stolen, damaged or destroyed.(4) If an application is refused, WorkCover must ensure that written notice of the refusal, and of the reasons for the refusal, are given to the applicant.(5) The holder of an OHS construction induction training card that is replaced under this clause:(a) must surrender the original card if it is recovered, or(b) in the case of a damaged card that is replaced, must surrender the damaged card.Maximum penalty (subclause (5)): Level 1.
220C Cancellation of OHS construction induction training cards
(1) WorkCover may cancel an OHS construction induction training card if satisfied that the card was obtained on the basis of false or misleading information or a failure to disclose or provide required information.(2) Before cancelling an OHS construction induction training card, WorkCover:(a) must cause written notice of the proposed cancellation to be given to the holder of the card, and(b) must give the holder of the card a reasonable opportunity to make representations to WorkCover in relation to the proposed cancellation, and(c) must have regard to any representations so made.(3) If, after having regard to any representations made by the holder of the card, WorkCover decides to proceed with the proposed cancellation, WorkCover must give to the holder a written notice:(a) stating that the card is cancelled, and(b) giving reasons for the cancellation.(4) The cancellation takes effect on the date on which notice of the cancellation is given to the holder of the card or such later date as may be specified in the notice.(5) The holder of an OHS construction induction training card that is cancelled must return the card to WorkCover within such period as may be specified in the notice of cancellation given to the holder.Maximum penalty: Level 1.
221 Former OHS induction training certificates
(1) In this clause, a former OHS induction training certificate means an OHS induction training certificate issued by WorkCover after 29 March 2004 and in force immediately before 1 September 2009.(2) A former OHS induction training certificate is taken to be an OHS construction induction training card issued under this Part.
222 Lapsing of currency of OHS training and OHS training statements
(1) A person’s OHS induction training ceases to be current for the purposes of this Part if the person has not carried out construction work for any consecutive period of 2 years or more since:(a) in the case of a person who has actually undergone training—the completion of the training, or(b) (Repealed)(2) A statement of OHS induction training ceases to be valid for the purposes of this Part if the person to whom it is issued has not carried out construction work for any consecutive period of 2 years or more since the issue of the statement.
223 Principal contractors and employers to keep records
(1) A principal contractor for a construction project must keep a record containing the following, in relation to each person carrying out construction work on the project, until 3 years after the project is completed:(a) a copy of any relevant statement of OHS induction training or a statement indicating that the principal contractor is satisfied that the relevant OHS induction training has been undertaken,(b) a brief description of the site induction training that has been undertaken by the person in accordance with this Part for the site at which the construction work is carried out.(2) An employer must keep a record containing the following, in relation to each employee employed to carry out construction work, until 3 years after the employee has ceased to be employed by the employer:(a) a copy of any relevant statement of OHS induction training or a statement indicating that the employer is satisfied that the relevant OHS induction training has been undertaken,(b) a brief description of the site induction training that has been undertaken by the employee in accordance with this Part for the site at which the construction work is carried out.Maximum penalty: Level 1.
Part 8.3 Special workplace arrangements for construction work
Note. This Part makes special arrangements for workplaces that are construction sites where the cost of the work exceeds $250,000 or the work is demolition work, asbestos removal work or high risk construction work. The obligation bearers under this Part are principal contractors and sub-contractors. However, to the extent that those contractors are also employers or self-employed persons, the obligations under this Part apply to them also.
In this Part:safe work method statement means a statement that:
(a) describes how work is to be carried out, and(b) identifies the work activities assessed as having safety risks, and(c) identifies the safety risks, and(d) describes the control measures that will be applied to the work activities,and includes a description of the equipment used in the work, the standards or codes to be complied with, the qualifications of the personnel doing the work and the training required to do the work.Note. See Chapter 2 for provisions relating to the identification, assessment and control of risks.
225 Responsibilities of contractors to be in addition to responsibilities as employers
The responsibilities imposed on a principal contractor or a sub-contractor by this Part are in addition to any other responsibilities that the principal contractor or sub-contractor may have as an employer or self-employed person or other person having responsibilities under this Regulation.
226 Responsibility of principal contractor to prepare an OHS management plan
(1) This clause applies to any place of work at which construction work is undertaken and the cost of the work exceeds $250,000.(2) The principal contractor for the construction work must ensure that:(a) a site specific occupational health and safety management plan is prepared for each place of work at which the construction work is to be carried out before the work commences, and(b) the plan is maintained and kept up to date during the course of the work.Maximum penalty: Level 4.
(3) The principal contractor must ensure that the occupational health and safety management plan includes:(a) a statement of responsibilities listing the names, positions and responsibilities of all persons who will have specific responsibilities on the site for occupational health and safety, and(b) details of the arrangements for ensuring compliance with the requirements for occupational health and safety induction training that are set out in Part 8.2, and(c) details of the arrangements for managing occupational health and safety incidents, including the identity of and contact details for the person or persons who will be available to prevent, prepare for, respond to and recover from occupational health and safety incidents, andNote. Some incidents must be notified to WorkCover or the Department Head (Mining) under Chapter 12.(d) any site safety rules and details of the arrangements for ensuring that all persons at the place of work (whether employees or visitors) are informed of the rules, and(e) safe work method statements for all work activities assessed as having safety risks.Maximum penalty: Level 3.
(4) The principal contractor must ensure that a copy of the occupational health and safety management plan is available for inspection during the course of the construction work by:(a) any person working at the place of work concerned and by any person about to commence work at that place, and(b) an employee member of an OHS committee, an OHS representative, a person elected by the persons employed at the place of work to represent a group of employees on health and safety matters or (if the employees so agree) an appropriate representative of an industrial organisation of employees.Maximum penalty: Level 1.
(5) The principal contractor must ensure that a copy of any parts of the occupational health and safety management plan that are relevant to a sub-contractor are provided to the sub-contractor before the sub-contractor commences work at the place of work concerned.Maximum penalty: Level 1.
(6) The principal contractor must ensure that, if any change is made to the occupational health and safety management plan during the course of the construction work, a copy of any part of the plan that has been changed and that is relevant to a sub-contractor is provided to the sub-contractor as soon as practicable after the change is made.Maximum penalty (subclause (6)): Level 1.
227 Responsibility to provide safe work method statements—principal contractor and sub-contractors
(1) This clause applies to any place of work at which:(a) construction work is undertaken and the cost of the work exceeds $250,000, or(b) high risk construction work is undertaken and the cost of the work does not exceed $250,000, or(c) demolition work or asbestos removal work for which a licence is required under Chapter 10 to carry on the business of that work is undertaken (regardless of the cost of the work).(2) A principal contractor for the construction work must ensure that each sub-contractor, before commencing work at a place of work, provides the principal contractor with a written safe work method statement for the work to be carried out by the sub-contractor.Maximum penalty: Level 3.
(3) A principal contractor must ensure that:(a) a sub-contractor is directed to comply with:(i) the safe work method statement that the sub-contractor has provided, and(ii) the requirements of the Act and this Regulation, and(b) the activities of a sub-contractor are monitored to the extent necessary to determine whether the sub-contractor is complying with:(i) the safe work method statement that the sub-contractor has provided, and(ii) the requirements of the Act and this Regulation, and(c) if the sub-contractor is not so complying, the sub-contractor is directed to take action immediately to comply with the safe work method statement or the requirements of the Act and this Regulation, or both, and(d) if a risk to the health or safety of a person arises because of the non-compliance, the sub-contractor is directed to stop work immediately and not to resume work until the safe work method statement or those requirements, or both, are complied with, unless an immediate cessation of work is likely to increase the risk to health and safety, in which event the sub-contractor must be directed to stop work as soon as it is safe to do so.Maximum penalty: Level 4.
(4) If there are no sub-contractors for the construction work, the principal contractor must:(a) undertake an assessment of the risks associated with the work to be carried out and prepare a written safe work method statement that includes a copy of the assessment of risks, and(b) maintain and keep up to date the statement, and(c) ensure that the work is carried out in accordance with the statement, and(d) if a risk to the health or safety of a person arises because of non-compliance with the statement, ensure that work is stopped immediately and not resumed until the statement is complied with (unless an immediate cessation of work is likely to increase the risk to health and safety, in which event the principal contractor must stop the work as soon as it is safe to do so).Maximum penalty (subclause (4)): Level 4.
228 Responsibility of principal contractor to keep register of hazardous substances
(1) This clause applies to any place of work at which:(a) construction work is undertaken and the cost of the work exceeds $250,000, or(b) demolition work or asbestos removal work for which a licence is required under Chapter 10 to carry on the business of that work is undertaken (regardless of the cost of the work).(2) The principal contractor for the construction work must ensure that:(a) a register of hazardous substances at a place of work at which construction work is carried out is kept and maintained during the course of the work, and(b) the register is readily accessible to all persons working at the place of work, and(c) copies are kept during the course of the work of any records of atmospheric monitoring or health surveillance in relation to the place of work, and(d) copies are kept during the course of the work of any written report of a risk assessment prepared in accordance with clause 168 (1) (b) in relation to risks associated with exposure to a hazardous substance at the place of work.(3) If more than one sub-contractor is using hazardous substances at the place of work, the principal contractor must ensure that the register of hazardous substances kept under subclause (2) (a) contains details of all hazardous substances being used at the place of work.(4) The principal contractor, if also required to keep and maintain a register of hazardous substances or dangerous goods under clause 167 or 174ZV, may keep and maintain a single register for the purposes of this clause and for the purposes of those clauses.Maximum penalty: Level 1.
Note. See Chapter 6 as to the obligations of employers with respect to the keeping of registers and recording of information concerning hazardous substances and carcinogenic substances.
229 Responsibilities of sub-contractors
(1) This clause applies to any place of work at which:(a) construction work is undertaken and the cost of the work exceeds $250,000, or(b) demolition work or asbestos removal work for which a licence is required under Chapter 10 to carry on the business of that work is undertaken (regardless of the cost of the work).Subclauses (2) (b) and (3) also apply to any place of work at which high risk construction work is undertaken and the cost of the work does not exceed $250,000.
(2) A sub-contractor must not commence construction work at a place of work unless the sub-contractor:(a) has been provided by the principal contractor for the construction work with a copy of the parts of the occupational health and safety management plan for the place of work that are relevant to the sub-contractor, and(b) has undertaken an assessment of the risks associated with the work to be carried out and provided to the principal contractor a written safe work method statement that includes a copy of the assessment of risks, and(c) has completed induction training with respect to occupational health and safety as specified in the occupational health and safety management plan for the place of work.Maximum penalty: Level 3.
(3) A sub-contractor must not allow an employee of the sub-contractor to start work at a place of work at which construction work is carried out unless the employee has completed induction training with respect to occupational health and safety as specified in the occupational health and safety management plan for the place of work.Maximum penalty: Level 3.
(4) A sub-contractor must maintain and keep up to date the sub-contractor’s safe work method statement for a place of work, and must provide the principal contractor with any changes made to the safe work method statement.Maximum penalty: Level 1.
(5) A sub-contractor must provide the principal contractor for the place of work with any information known to or records held by the sub-contractor concerning hazardous substances or atmospheric monitoring or health surveillance that is required by this Regulation to be entered in the register of hazardous substances or kept for the place of work.Maximum penalty (subclause (5)): Level 2.
Part 8.4 Control of risks arising during construction work
(1) This Part applies to the control of risks arising during construction work.(2) In particular, this Part applies to control of risks arising from:(a) falling objects other than falling rock and earth (to which Part 8.5 applies),(b) collapse of formwork and other structural frames used for permanent or temporary support of buildings and other structures,(c) collapse of existing buildings and other structures affected by construction work,(d) unauthorised access to construction sites,(e) use of compressed air in construction work,(f) use of lasers in construction work.
231 Overhead protective structures—particular risk control measures
(1) This clause applies if:(a) construction work is carried out at a place that adjoins a public place or any other property, and(b) that construction work is carried out at a vertical height exceeding 4 metres above the lowest ground level of that public place or other property (unless the ratio of the horizontal distance to the vertical height between the nearest boundary of that public place or other property and where the work is carried out exceeds 2),but does not apply to maintenance work on power or telecommunication poles, towers or overhead lines unless a risk assessment identifies that any hazards cannot be controlled by means other than overhead protective structures.(2) In any case in which this clause applies, an employer must provide an overhead protective structure that:(a) is of appropriate strength and design having regard to the circumstances of that case, and(b) will catch, deflect or hold any weight and amount of material or objects that might reasonably be expected to fall on it.Maximum penalty: Level 4.
232 Safe means of lowering materials—particular risk control measures
(1) If an inclined or vertical chute is used on a construction site as a means of lowering materials, an employer must ensure that the following requirements are met:(a) the chute is properly secured to the building or other structure to which it is attached,(b) the chute is completely enclosed except as provided by this clause,(c) the open end at the top of the chute has a cover that can be locked securely,(d) each opening in the chute has:(i) a hinged or sliding door that can be locked securely when material is not being fed into the chute through the opening, and(ii) a hopper is fitted to it to channel material into the chute,(e) in order to prevent material that is being fed into the chute from spilling outside the chute, a solid fence at least 1 metre high and 1 metre long is erected at each opening in the chute at an angle of 45 degrees to the building line,(f) the discharge end of the chute is kept open at all times.(2) The employer must ensure that a designated area is provided around the discharge end of the chute and that this area is adequately fenced. Alternatively, if a bin is used at the discharge end, a fence with a hinged gate that can be securely locked must be provided around the bin at a distance of at least 2 metres from the bin.(3) The employer must ensure that doors and all other openings of the chute (except the discharge end) are closed and securely locked before:(a) any demolished material is removed from any such designated area, or(b) any such bin is replaced.(4) The employer must ensure that notices of the danger from discharged material are prominently placed at the discharge end of the chute and on the access gate of the fence.(5) In this clause, opening, in relation to a chute, means an opening in the side of the chute through which material can be fed into the chute.Maximum penalty: Level 4.
233 Formwork—particular risk control measures
(1) An employer must ensure that formwork complies with AS 3610—1995 Formwork for concrete.(2) An employer must ensure that formwork is designed, constructed and maintained so as to support safely all loads that are to be placed on it.(3) An employer must ensure that, before the concrete pour, formwork is inspected by a qualified engineer and is certified by the qualified engineer as safe for its intended purpose and the loads that will be placed on it.(4) Subclause (3) does not apply if:(a) the deck of the formwork is less than 3 metres above the lowest surrounding ground level, or(b) the area of the formwork deck is less than 16 square metres and is designed to hold not more than 2.5 cubic metres or 6 tonnes of wet concrete (whichever measure is appropriate).Maximum penalty: Level 4.
234 Prevention of structural collapse—particular risk control measures
(1) An employer must ensure that any danger to persons arising from the collapse of a building during a temporary state of weakness or instability before its construction is completed is controlled by the use of adequate temporary guys, stays, supports and fixings or other measures.(2) An employer must ensure that, if construction work is likely to reduce the stability of an existing building or a building in the course of construction so as to endanger a person, shoring is used or other appropriate measures are taken to prevent the collapse of the building.Maximum penalty: Level 4.
235 Site security—particular risk control measures
(1) Subject to subclause (2), an employer must ensure that perimeter fencing is provided for all construction sites.(2) Subclause (1) applies with respect to the site of construction of a single dwelling house, duplex or civil engineering project or the site of maintenance work only if a risk assessment identifies the need to isolate particular hazards at the site that cannot be controlled by means other than perimeter fencing.(3) The employer must ensure that perimeter fencing required to be provided by this clause is adequate for the purpose for which it is constructed.(4) An employer must ensure that signs, that are clearly visible from outside the site and on which the name and contact telephone numbers (including an after hours emergency telephone number) of the controller of the site are stated, are placed on each construction site.Maximum penalty: Level 4.
236 Use of compressed air—particular risk control measures
An employer must ensure that the use of compressed air in connection with any construction work complies with AS CA 12—1970 Work in compressed air (known as the SAA Compressed Air Code), as in force at the time of that publication.Maximum penalty: Level 4.
(1) An employer must ensure that Class 3B or Class 4 lasers or laser products as defined in AS/NZS 2211.1:1997 Laser safety: Equipment classification, requirements and user’s guide, as in force at the time of that publication, are not used in construction work.(2) Subject to subclause (1), an employer must ensure that the use of lasers or laser products in construction work is in accordance with AS 2397—1993 Safe use of lasers in the building and construction industry.Maximum penalty: Level 4.
Part 8.5 Excavation work—particular provisions
In this Part:excavation work means construction work of the kind referred to in paragraph (c) of the definition of construction work in Chapter 1.
This Part applies to places of work at which excavation work is carried out.
240 Protection of stability of excavation work—particular risk control measures
(1) An employer must ensure that, in relation to excavation work, an adequate system of safety, involving shoring, earth retention equipment or other appropriate measures, is in place to control risks to health and safety arising from one or more of the following:(a) the fall or dislodgment of earth and rock,(b) the instability of the excavation or any adjoining structure,(c) the inrush of water,(d) the placement of excavated material,(e) instability due to persons or plant working adjacent to the excavation.(2) A shoring system is not required if, having regard to the nature and slope of the side of the excavation and other relevant circumstances, there is no reasonable likelihood of a fall or dislodgment of earth, rock or other material from a height of more than 1.5 metres (measured vertically) that may bury, trap or strike a person who is in the excavation.(3) If a system of shoring is used, the employer must ensure that an adequate supply of shoring equipment and material is provided and used to prevent a fall or dislodgment of earth, rock or other material that forms the side of or is adjacent to the excavation work.(4) An employer must ensure that adequate measures are taken in the immediate vicinity of excavation work so as to prevent the collapse of the work. In particular, an employer must ensure that no materials are placed, stacked or moved near the edge of excavation work so as to cause the collapse of the work.Maximum penalty: Level 4.
241 Potential risks arising from excavation work—particular risk control measures
(1) An employer must ensure that no excavation work that is likely to reduce the stability of any part of a building or structure is commenced or continued unless adequate measures are adopted, both before and during the excavation work, to prevent a risk to the health and safety of a person from the collapse of the building or structure or any part of it.(2) An employer must ensure that:(a) adequate measures are taken in the immediate vicinity of excavation work so as to prevent the fall of mobile plant or materials into the excavation, and(b) no materials are placed, stacked or moved near the edge of excavation work so as to endanger a person present below.(3) An employer must ensure that, in relation to excavation work, an adequate system of safety is in place to control risks to health and safety arising from unplanned contact with electricity cables, gas mains and other utility services.Maximum penalty: Level 4.
242 Regular inspection mandatory for excavations of 1 metre or more—particular risk control measures
An employer must ensure that excavation work at a depth of 1 metre or more is inspected by a competent person at the intervals determined during the risk assessment for the work.Maximum penalty: Level 3.
243 Caissons and cofferdams—particular risk control measures
An employer must ensure that caissons and cofferdams are of sound construction and secured in position to prevent movement.Maximum penalty: Level 4.
An employer must ensure that any of the following excavation work is carried out only under the supervision of a competent person:(a) work at a depth of 1 metre or more,(b) work in tunnels,(c) work on caissons and cofferdams,(d) compressed air work.Maximum penalty: Level 4.
An employer must ensure that there is a safe means of access to and egress from excavations.Maximum penalty: Level 4.
Part 8.6 Demolition work—particular provisions
(1) In this Part:AS 2601—1991 means AS 2601—1991 The demolition of structures.
demolition work means construction work involving the demolition of a building but does not include construction work involving the removal of power or telecommunication poles.
Note. Clause 3 provides that building includes a structure and part of a building or structure.(2) In applying the provisions of AS 2601—1991 for the purposes of this Part, references in that Standard to a public thoroughfare are taken to be references to a public place.(3) In this Part, a reference to the height of a building is a reference to the height of the building measured from the lowest level of the ground immediately adjacent to the base of the building at the point at which the height is to be measured to its highest point.Note. Carrying on the business of demolition work requires a licence (see Chapter 10). Demolition work also requires a permit (see Chapter 11).
247 Work to be done in accordance with Australian Standard and this Part
(1) An employer must ensure that demolition work is carried out in accordance with AS 2601—1991 and the provisions of this Part.Maximum penalty: Level 4.
(2) In the event of an inconsistency between a provision of AS 2601—1991 and the provisions of this Regulation, the provisions of this Regulation prevail.(3) Despite AS 2601—1991 or this Part, a building may be demolished by the use of explosives if a permit under Chapter 11 has been obtained.Note. The following matters, among others, are dealt with in AS 2601—1991:• Sequential demolition• Measures to prevent materials falling on workers and the public, including adequate fencing• Use of heavy machinery and plant on suspended floors• Ensuring that stairs and other means of access, and scaffolding, are clear of rubble and other debris• Chimney demolition• Dust control• Warning signs and general safety measures• Fire prevention• Circumstances in which overhead protective structures and heavy duty independent scaffolding are required
(1) An employer must ensure that, before the commencement of stripping or demolition work, an initial investigation of the building to be demolished and the site on which it is located is carried out in accordance with AS 2601—1991.Maximum penalty: Level 4.
(2) The results of the investigations of the building and site must be recorded in writing by the employer and must be made available to WorkCover for inspection, on demand.Maximum penalty: Level 4.
(3) The records of the investigations must be included by the employer in the work method statement for the demolition to substantiate the choice of a particular sequence, method or technique of demolition.Maximum penalty (subclause (3)): Level 1.
249 Carrying out demolition work
(1) An employer must ensure that, if mechanical means are used to carry out demolition work, the work is carried out sequentially.(2) An employer must ensure that demolition work involving pulling with ropes or chains or similar means is carried out only if the building being demolished is not more than 4 metres in height and the work is carried out sequentially.Maximum penalty: Level 4.
Note. See Chapter 11 regarding the issue of permits for the carrying out of certain demolition work.
250 Working in or below building being demolished
(1) An employer must ensure that a person does not work in or below a building that is being demolished if, at any time during the carrying out of the demolition work, there is a danger that the person might be injured as a result of demolished or other material falling or rebounding.Maximum penalty: Level 4.
(2) This clause applies whether or not the person’s work is associated with the demolition of the building.
251 Buildings adjacent to public places
(1) An employer must ensure that, if demolition work involves the demolishing of a building that is less than 4 metres in height and is adjacent to a public place, adequate precautionary measures are taken to protect persons who may be in the public place.Note. AS 2601—1991 contains precautionary requirements for the demolition of buildings that are more than 4 metres in height.(2) An employer must ensure that, if demolition work involves the demolishing of a building (regardless of its height) that is adjacent to another building, adequate precautionary measures are taken to protect:(a) the other building, and(b) any person entering or leaving the other building, and(c) if the other building is shorter than the building being demolished—any person who is on top of the other building.Maximum penalty: Level 4.
252 Demolition within confines of building
The requirements of AS 2601—1991 relating to fencing, overhead protective structures and scaffolding do not apply to the demolition of part of a building if:(a) the work is carried out wholly within the confines of the building, and(b) demolished material is, at all times during the carrying out of the work, prevented from falling or rebounding outside those confines.
253 Overhead protective structures
An employer must, in carrying out any demolition work, ensure that, if AS 2601—1991 requires an overhead protective structure to be provided over a public walkway that lies between a public place and the building being demolished, the overhead protective structure:(a) consists of a horizontal platform of solid construction with vertical supports, and(b) is at least 250 mm from the edge of the kerb of the walkway towards the common boundary of the walkway and the building that is being demolished, and(c) has a minimum overhead clearance of 2.2 m to any bracings, beams or any other part of the overhead protective structure, and(d) has a continuous solid upstand projecting at least one metre above the platform surface, and(e) is designed for a uniformly distributed live load of 10kPa.Maximum penalty: Level 4.
Note. See figure 1 below, which illustrates these requirements.
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(1) This clause does not apply to the demolition of a chimney stack.(2) An employer must ensure that, if AS 2601—1991 requires scaffolding to be provided, the scaffolding:(a) is erected before the commencement of any demolition work on the side or part of the building being demolished that faces a public place, and(b) is kept in the erected position until the work is completed.Note. See also clause 58 (Scaffolding—particular risk control measures) which requires compliance with AS/NZS 1576.1:1995.(3) The employer must ensure that the scaffolding is provided with at least 2, but not more than 3 platforms, unless otherwise certified by a qualified engineer.(4) The employer must ensure that each platform on the scaffolding:(a) extends the full width of the scaffold frame, and(b) abuts the building, and(c) extends into any openings of the building for a sufficient distance in order to catch any falling material.(5) The employer must ensure that any platform or section of a platform (other than the platform at the final lower level of the scaffolding) is not dismantled, repositioned or removed unless:(a) a further platform has been installed not more than 6 metres below the platform or section of platform to be repositioned or removed, and(b) all material on the platform has been removed.(6) The employer must ensure that scaffolding is effectively enclosed on the outer faces and ends for its full height with steel wire mesh that:(a) has a cross section dimension of not less than 2.5 mm and an aperture of not greater than 50 mm, and(b) is adequately secured to the scaffolding, and(c) is sufficient to withhold demolished material,or with some other equivalent system that is adequately secured to the scaffolding and is sufficient to withhold demolished material.(7) The employer must ensure that the edges of the runs of wire mesh are adequately overlapped and secured.(8) The employer must ensure that appropriate material is securely fixed to the wire mesh to minimise the release of dust into the atmosphere.Maximum penalty: Level 4.
255 Demolition of chimney stacks
(1) An employer must ensure that the demolition of a chimney stack is carried out only:(a) by felling using undercutting or explosives, or(b) by the removal of successive sections of metal, or successive courses of brickwork or masonry, from the top.(2) The employer must ensure that, if a chimney stack is or is to be demolished by felling:(a) the felling is not done in a wind that:(i) is likely to cause the chimney stack to fall otherwise than in the intended direction, or(ii) exceeds 20 knots, and(b) if undercutting is used—the equilibrium of the stack being undercut is gauged in compression by positive means to ensure that sufficient time remains for the safe retreat of workers from the stack when it commences to fall, and(c) if the chimney stack could, in falling, endanger the safety of a person or property in a place outside the area under the control of the employer who is carrying out the demolition work—24 hours’ notice of the intended commencement of the work is given to:(i) the council of the local government area in which the work is carried out, and(ii) a police officer.(3) An employer must ensure that, if a chimney stack is to be demolished by the removal of successive sections of metal from the top, or successive courses of brickwork or masonry from the top, overhead protection complying with clause 231 is provided over the discharge end of any chute, hopper, bin or material outlet to protect any person removing material from the discharge area from falling objects.(4) The employer must ensure that material is not allowed to accumulate on, or to overload, any such overhead protection.Maximum penalty: Level 4.
256 Notification of dangerous work
An employer must ensure that a police officer is informed immediately if, during any demolition work:(a) the building concerned (including an undemolished part of the building) becomes unstable, and(b) there is a danger that the building could collapse and injure any person who is in any place not under the control of the person who is carrying out that work, either directly or by his or her employees or agents.Maximum penalty: Level 1.
Part 8.7 Asbestos—particular provisions
In this Part:asbestos means the fibrous form of those mineral silicates that belong to the serpentine or amphibole groups of rock-forming minerals, including actinolite, amosite (brown asbestos), anthophyllite, chrysotile (white asbestos), crocidolite (blue asbestos) and tremolite.
asbestos work means work undertaken in connection with a construction work process in which exposure to asbestos may occur and includes any work process involving the use, application, removal, mixing or other handling of asbestos or asbestos-containing material.
bonded asbestos material means any material (other than friable asbestos material) that contains asbestos.
bonded asbestos removal work means work in which bonded asbestos material is removed, repaired or disturbed.
friable asbestos material means any material that contains asbestos and is in the form of a powder or can be crumbled, pulverised or reduced to powder by hand pressure when dry.
friable asbestos removal work means work in which friable asbestos material is removed, repaired or disturbed.
Note. Carrying on the business of asbestos removal work requires a licence (see Chapter 10). Friable asbestos removal work also requires a permit (see Chapter 11).
This Part applies to asbestos and asbestos-containing material present in a workplace in which construction work is carried out including (but not limited to) asbestos used as a building material, for insulation or fire-proofing, or otherwise used as a material in a workplace.
259 Particular risk control measures
(1) An employer must ensure that asbestos work is carried out, in a manner appropriate to that work, in accordance with the following documents published by the NOHS Commission, as in force from time to time:(a) Code of Practice for the Management and Control of Asbestos in the Workplace [NOHSC: 2018 (2005)],(b) Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (2005)].(If a requirement of clause 51 (Atmospheric contaminants—particular risk control measures) is inconsistent with a requirement of this subclause, the clause 51 requirement prevails).
(2) An employer must ensure that:(a) employees and other persons contracted to carry out asbestos work are informed of the dangers involved and of any precautions that should be taken in connection with the work, and(b) employees, workplace owners and plant owners are informed when asbestos work is being carried out, and(c) persons are warned, by the use of signs, labels or other similar measures, of the presence of asbestos or asbestos-containing material in a place at which construction work is being carried out.(3) An employer must identify, and implement, measures to prevent the uncontrolled disturbance of asbestos-containing material while construction work is being carried out.(4) An employer must ensure that procedures are in place for:(a) the cleaning of premises at which asbestos work is carried out, and(b) the laundering and cleaning of personal protective equipment used for asbestos work, and(c) the containment of asbestos waste, and(d) the disposal of asbestos and asbestos-containing material.(5) An employer must ensure that no asbestos-containing material, including asbestos cement, is reused in connection with the carrying out of construction work.(6) An employer must ensure that no high-pressure processes are used to clean the surface of asbestos-containing material, including asbestos cement or any structures that consist of or contain asbestos, during the carrying out of construction work.Maximum penalty: Level 4.
An employer must restrict access:(a) to friable asbestos material, and(b) to construction work processes involving friable asbestos material,by persons who are not licensed to carry out friable asbestos removal work in accordance with Chapter 10.Maximum penalty: Level 3.
(1) If a risk assessment in connection with Division 5 (Atmosphere) of Part 4.3 of Chapter 4 indicates a need for atmospheric monitoring of a workplace in which asbestos or asbestos-containing material is located, the employer must ensure that the monitoring is carried out by a competent person in accordance with the document entitled Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres 2nd Edition [NOHSC: 3003 (2005)] published by the NOHS Commission, as in force from time to time.(2) The analysis of samples obtained as a result of such monitoring must be carried out:(a) in a laboratory accredited by the National Association of Testing Authorities, and(b) in accordance with the document referred to in subclause (1).Maximum penalty: Level 3.
Part 8.8 Diving work—particular provisions
In this Part:diving work means work carried out under water and while using underwater breathing apparatus, and includes work by the dive team in direct support of the diver.
This Part applies to diving work carried out in connection with:(a) construction work, or(b) work in relation to a vessel while it is moored or while it is in a dock or in slips.
264 Particular risk control measures
An employer must ensure that:(a) diving hazards associated with environmental conditions, hyperbaric and physiological factors and the diving site are controlled, and(b) diving work carried out at depths of 50 metres (at sea level, or equivalent at altitude) or less complies with AS/NZS 2299.1:1999 Occupational diving operations Part 1: Standard operational practice, and(c) the person diving holds a certificate issued by a medical practitioner certifying that the person is medically fit for the diving work, and(d) the person diving holds an appropriate certificate issued under the Australian Diver Accreditation Scheme (ADAS) administered by the Department of Industry, Science and Resources of the Commonwealth.Maximum penalty: Level 3.