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.

212   Definitions

In this Part:

Code of Practice means the document prepared by WorkCover entitled “Code of Practice—Occupational Health and Safety Induction Training for Construction Work 1998” as in force on the commencement of this Regulation.

construction project means a project involving construction work.

OHS induction training has the meaning given by clause 216.

registered education or training provider means an education or training provider registered under the Vocational Education and Training Accreditation Act 1990.

statement of OHS induction training means a statement issued under clause 220.

213   Principal contractors to ensure OHS induction training is 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.

(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 is undertaken

(1)  An employer must ensure that any employee whom the employer employs to carry out construction work is provided with the OHS induction training required to be undertaken by the employee in accordance with this Part.

(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.

216   Meaning of “OHS induction training”

(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 health and safety induction training that complies with clause 217,

(b)  work activity based health and safety induction training that complies with clause 218 and relates to the particular type of construction work to be carried out,

(c)  site specific health and safety induction training that complies with clause 219 and relates to the particular site at which the construction work is to be carried out.

(2)  An approval by WorkCover of OHS induction training for the purposes of Part 15 of the Construction Safety Regulations 1950 (being an approval in force immediately before the commencement of this clause) is taken to be an approval by WorkCover of the training for the purposes of this Regulation.

217   General health and safety induction training

General health and safety induction training must:

(a)  cover the relevant health and safety topics set out in the Code of Practice, and

(b)  be approved by WorkCover, and

(c)  be developed by a person who has a Certificate IV in Workplace Assessment and Training issued by a registered education or training provider (or a document from such a provider stating that the person has an equivalent qualification), and

(d)  be conducted by a person who has a Statement of Attainment in Train Small Groups issued by a registered education or training provider (or a document from such a provider stating that the person has an equivalent qualification).

218   Work activity based health and safety induction training

Work activity based health and safety induction training must:

(a)  cover the relevant health and safety topics set out in the Code of Practice, and

(b)  if the training is provided by way of a training course:

(i)  be developed by a person who has a Certificate IV in Workplace Assessment and Training issued by a registered education or training provider (or a document from such a provider stating that the person has an equivalent qualification), and

(ii)  be conducted by a person who has a Statement of Attainment in Train Small Groups issued by a registered education or training provider (or a document from such a provider stating that the person has an equivalent qualification),

      unless the training course is conducted by the employer of the person undertaking the training and that employer employs not more than 10 employees.

219   Site specific health and safety induction training

Site specific health and safety induction training must cover the relevant health and safety topics set out in the Code of Practice.

220   Statements of OHS induction training

(1)  A person who conducts training referred to in clause 216 (1) (a) or (b) must issue to each person who has undergone the training to the satisfaction of the person conducting the training 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.

(2)  A person who conducts training referred to in clause 216 (1) (a) or (b) 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.

221   Certain construction work before 1 April 1999 taken to be training

For the purposes of this Part, an employee or self-employed person who has carried out construction work in the course of employment for any period within the period of 2 years immediately preceding 1 April 1999 is taken to have undergone:

(a)  the course referred to in clause 216 (1) (a), and

(b)  the course referred to in clause 216 (1) (b), but only in relation to the particular type of construction work that the employee or self-employed person carried out within that 2-year period.

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)  in the case of a person who is taken to have undergone such training under clause 221 by reason of having carried out construction work in the course of employment for a period within the period of 2 years immediately preceding 1 April 1999—the last date of the period during which the person carried out the work.

(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 specific 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 specific 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.