289 Meaning of “construction work”
(1) In this Chapter, construction work means any work carried out in connection with the construction, alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure.(2) Without limiting subclause (1), construction work includes the following:(a) any installation or testing carried out in connection with an activity referred to in subclause (1),(b) the removal from the workplace of any product or waste resulting from demolition,(c) the prefabrication or testing of elements, at a place specifically established for the construction work, for use in construction work,(d) the assembly of prefabricated elements to form a structure, or the disassembly of prefabricated elements forming part of a structure,(e) the installation, testing or maintenance of an essential service in relation to a structure,(f) any work connected with an excavation,(g) any work connected with any preparatory work or site preparation (including landscaping as part of site preparation) carried out in connection with an activity referred to in subclause (1),(h) an activity referred to in subclause (1), that is carried out on, under or near water, including work on buoys and obstructions to navigation.(3) In this Chapter, construction work does not include any of the following:(a) the manufacture of plant,(b) the prefabrication of elements, other than at a place specifically established for the construction work, for use in construction work,(c) the construction or assembly of a structure that once constructed or assembled is intended to be transported to another place,(d) testing, maintenance or repair work of a minor nature carried out in connection with a structure,(e) mining or the exploration for or extraction of minerals.
(1) In this Chapter, structure has the same meaning as it has in the Act.Examples.3 Foundations, earth retention works and other earthworks, including river works and sea defence works.
4 Formwork, falsework or any other structure designed or used to provide support, access or containment during construction work.
(2) This Chapter does not apply to plant unless:(a) the plant is:(i) a ship or submarine, or(ii) a pipe or pipeline, or(iii) an underground tank, or(iv) designed or used to provide support, access or containment during work in connection with construction work, or(b) work on the plant relates to work that is carried out in connection with construction work, or(c) the plant is fixed plant on which outage work or overhaul work that involves or may involve work being carried out by 5 or more persons conducting businesses or undertakings at any point in time.Note. This Chapter does not apply to the manufacture of plant (see clause 289 (3) (a)).
291 Meaning of “high risk construction work”
In this Chapter, high risk construction work means construction work that:(a) involves a risk of a person falling more than 2 metres, or(b) is carried out on a telecommunication tower, or(c) involves demolition of an element of a structure that is load-bearing or otherwise related to the physical integrity of the structure, or(d) involves, or is likely to involve, the disturbance of asbestos, or(e) involves structural alterations or repairs that require temporary support to prevent collapse, or(f) is carried out in or near a confined space, or(g) is carried out in or near:(i) a shaft or trench with an excavated depth greater than 1.5 metres, or(ii) a tunnel, or(h) involves the use of explosives, or(i) is carried out on or near pressurised gas distribution mains or piping, or(j) is carried out on or near chemical, fuel or refrigerant lines, or(k) is carried out on or near energised electrical installations or services, or(l) is carried out in an area that may have a contaminated or flammable atmosphere, or(m) involves tilt-up or precast concrete, or(n) is carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use by traffic other than pedestrians, or(o) is carried out in an area at a workplace in which there is any movement of powered mobile plant, or(p) is carried out in an area in which there are artificial extremes of temperature, or(q) is carried out in or near water or other liquid that involves a risk of drowning, or(r) involves diving work.
292 Meaning of “construction project”
In this Chapter, a construction project is a project that involves construction work where the cost of the construction work is $250,000 or more.
293 Meaning of “principal contractor”
(1) In this Chapter, a person conducting a business or undertaking that commissions a construction project is, subject to this clause, the principal contractor for the project.(2) If the person referred to in subclause (1) engages another person conducting a business or undertaking as principal contractor for the construction project and authorises the person to have management or control of the workplace and to discharge the duties of a principal contractor under this Chapter, the person so engaged is the principal contractor for the project.(3) If the owner of residential premises is an individual who directly or indirectly engages a person conducting a business or undertaking to undertake a construction project in relation to the premises, the person so engaged is the principal contractor for the project if the person has management or control of the workplace.(4) A construction project has only one principal contractor at any specific time.Note. A person with management or control of a workplace must comply with section 20 of the Act.
Part 6.2 Duties of designer of structure and person who commissions construction work
294 Person who commissions work must consult with designer
(1) A person conducting a business or undertaking that commissions construction work in relation to a structure must, so far as is reasonably practicable, consult with the designer of the whole or any part of the structure about how to ensure that risks to health and safety arising from the design during the construction work are:(a) eliminated, so far as is reasonably practicable, or(b) if it is not reasonably practicable to eliminate the risks, minimised so far as is reasonably practicable.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(2) Consultation must include giving the designer any information that the person who commissions the construction work has in relation to the hazards and risks at the workplace where the construction work is to be carried out.
295 Designer must give safety report to person who commissions design
(1) The designer of a structure or any part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that specifies the hazards relating to the design of the structure that, so far as the designer is reasonably aware:(a) create a risk to the health or safety of persons who are to carry out any construction work on the structure or part, and(b) are associated only with the particular design and not with other designs of the same type of structure.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(2) If the person conducting a business or undertaking who commissions a construction project did not commission the design of the construction project, the person must take all reasonable steps to obtain a copy of the written report referred to in subclause (1) in relation to that design.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
296 Person who commissions project must give information to principal contractor
If a person conducting a business or undertaking that commissions a construction project engages a principal contractor for the project, the person must give the principal contractor any information the person has in relation to hazards and risks at or in the vicinity of the workplace where the construction work is to be carried out.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
Part 6.3 Duties of person conducting business or undertaking
Note. As a principal contractor is a person conducting a business or undertaking, this Part also applies to a principal contractor.
297 Management of risks to health and safety
A person conducting a business or undertaking must manage risks associated with the carrying out of construction work in accordance with Part 3.1.Note. WHS Act—section 19 (see clause 9).
(1) A person with management or control of a workplace at which construction work is carried out must ensure, so far as is reasonably practicable, that the workplace is secured from unauthorised access.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(2) In complying with subclause (1), the person must have regard to all relevant matters, including:(a) risks to health and safety arising from unauthorised access to the workplace, and(b) the likelihood of unauthorised access occurring, andExample. The proximity of the workplace to places frequented by children, including schools, parks and shopping precincts.(c) to the extent that unauthorised access to the workplace cannot be prevented—how to isolate hazards within the workplace.
Division 2 High risk construction work—safe work method statements
299 Safe work method statement required for high risk construction work
(1) A person conducting a business or undertaking that includes the carrying out of high risk construction work must, before high risk construction work commences, ensure that a safe work method statement for the proposed work:(a) is prepared, or(b) has already been prepared by another person.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) A safe work method statement must:(a) identify the work that is high risk construction work, and(b) specify hazards relating to the high risk construction work and risks to health and safety associated with those hazards, and(c) describe the measures to be implemented to control the risks, and(d) describe how the control measures are to be implemented, monitored and reviewed.(3) A safe work method statement must:(a) be prepared taking into account all relevant matters, including:(i) circumstances at the workplace that may affect the way in which the high risk construction work is carried out, and(ii) if the high risk construction work is carried out in connection with a construction project—the WHS management plan that has been prepared for the workplace, and(b) be set out and expressed in a way that is readily accessible and understandable to persons who use it.
300 Compliance with safe work method statement
(1) A person conducting a business or undertaking that includes the carrying out of high risk construction work must put in place arrangements for ensuring that high risk construction work is carried out in accordance with the safe work method statement for the work.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) If high risk construction work is not carried out in accordance with the safe work method statement for the work, the person must ensure that the work:(a) is stopped immediately or as soon as it is safe to do so, and(b) resumed only in accordance with the statement.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
301 Safe work method statement—copy to be given to principal contractor
A person conducting a business or undertaking that includes carrying out high risk construction work in connection with a construction project must, before the high risk construction work commences, ensure that a copy of the safe work method statement for the work is given to the principal contractor.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
302 Review of safe work method statement
A person conducting a business or undertaking must ensure that a safe work method statement is reviewed and as necessary revised if relevant control measures are revised under clause 38.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
303 Safe work method statement must be kept
(1) Subject to subclause (2), a person conducting a business or undertaking must keep a copy of the safe work method statement until the high risk construction work to which it relates is completed.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(2) If a notifiable incident occurs in connection with the high risk construction work to which the statement relates, the person must keep the statement for at least 2 years after the incident occurs.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(3) The person must ensure that for the period for which the statement must be kept under this clause, a copy is readily accessible to any worker engaged by the person to carry out the high risk construction work.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(4) The person must ensure that for the period for which the statement must be kept under this clause, a copy is available for inspection under the Act.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.
304 Excavation work—underground essential services information
(1) This clause applies in relation to a part of a workplace where excavation work is being carried out and any adjacent areas.(2) A person with management or control of the workplace must take all reasonable steps to obtain current underground essential services information about the areas referred to in subclause (1) before directing or allowing the excavation work to commence.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(3) The person with management or control of the workplace must provide the information obtained under subclause (2) to any person engaged by the person to carry out the excavation work.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(4) The person with management or control of the workplace and any person conducting a business or undertaking who is given information under subclause (3) must have regard to the information referred to in subclause (2) in carrying out or directing or allowing the carrying out of the excavation work.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.Note. Legislation relating to the essential services may also impose duties on the person conducting the business or undertaking and the persons carrying out the work.(5) The person with control or management of the workplace must ensure that the information referred to in subclause (2) is available for inspection under the Act for the period specified in subclause (6).Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(6) The information must be available:(a) if a notifiable incident occurs in connection with the excavation work to which the information relates—for at least 2 years after the incident occurs, and(b) in every other case—until the excavation work is completed.(7) In this clause:underground essential services means essential services that use pipes, cables or other associated plant located underground.
underground essential services information, in relation to proposed excavation work, means the following information about underground essential services that may be affected by the excavation:
(a) the essential services that may be affected,(b) the location, including the depth, of any pipes, cables or other plant associated with the affected essential services,(c) any conditions on the proposed excavation work.
305 Management of risks to health and safety associated with excavation work
(1) A person conducting a business or undertaking must manage risks to health and safety associated with excavation work, in accordance with Part 3.1.Note. WHS Act—section 19 (see clause 9).(2) The risks this clause applies to include the following:(a) a person falling into an excavation,(b) a person being trapped by the collapse of an excavation,(c) a person working in an excavation being struck by a falling thing,(d) a person working in an excavation being exposed to an airborne contaminant.(3) In complying with subclause (1), the person must have regard to all relevant matters, including the following:(a) the nature of the excavation,(b) the nature of the excavation work, including the range of possible methods of carrying out the work,(c) the means of entry into and exit from the excavation, if applicable.
306 Additional controls—trenches
(1) A person conducting a business or undertaking, who proposes to excavate a trench at least 1.5 metres deep must ensure, so far as is reasonably practicable, that the work area is secured from unauthorised access (including inadvertent entry).Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) In complying with subclause (1), the person must have regard to all relevant matters, including:(a) risks to health and safety arising from unauthorised access to the work area, and(b) the likelihood of unauthorised access occurring.(3) In addition, the person must minimise the risk to any person arising from the collapse of the trench by ensuring that all sides of the trench are adequately supported by doing 1 or more of the following:(a) shoring by shielding or other comparable means,(b) benching,(c) battering.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(4) Subclause (3) does not apply if the person receives written advice from a geotechnical engineer that all sides of the trench are safe from collapse.(5) An advice under subclause (4):(a) may be subject to a condition that specified natural occurrences may create a risk of collapse, and(b) must state the period of time to which the advice applies.
Part 6.4 Additional duties of principal contractor
This Part:(a) applies in relation to a construction project, and(b) imposes duties on the principal contractor for the project that are additional to the duties imposed under Part 6.3.Note. As a principal contractor has management or control of a workplace, the principal contractor is also subject to duties imposed by the Act and this Regulation on a person with management or control of a workplace.
308 Specific control measure—signage identifying principal contractor
The principal contractor for a construction project must ensure that signs are installed, that:(a) show the principal contractor’s name and telephone contact numbers (including an after hours telephone number), and(b) show the location of the site office for the project, if any, and(c) are clearly visible from outside the workplace, or the work area of the workplace, where the construction project is being undertaken.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
309 WHS management plan—preparation
(1) The principal contractor for a construction project must prepare a written WHS management plan for the workplace before work on the project commences.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) A WHS management plan must include the following:(a) the names, positions and health and safety responsibilities of all persons at the workplace whose positions or roles involve specific health and safety responsibilities in connection with the project,(b) the arrangements in place, between any persons conducting a business or undertaking at the workplace where the construction project is being undertaken, for consultation, co operation and the co-ordination of activities in relation to compliance with their duties under the Act and this Regulation,(c) the arrangements in place for managing any work health and safety incidents that occur,(d) any site-specific health and safety rules, and the arrangements for ensuring that all persons at the workplace are informed of these rules,(e) the arrangements for the collection and any assessment, monitoring and review of safe work method statements at the workplace.
310 WHS management plan—duty to inform
The principal contractor for a construction project must ensure, so far as is reasonably practicable, that each person who is to carry out construction work in connection with the project is, before commencing work, made aware of:(a) the content of the WHS management plan for the workplace, and(b) the person’s right to inspect the WHS management plan under clause 313.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
311 WHS management plan—review
(1) The principal contractor for a construction project must review and as necessary revise the WHS management plan to ensure that it remains up to date.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(2) The principal contractor for a construction project must ensure, so far as is reasonably practicable, that each person carrying out construction work in connection with the project is made aware of any revision to the WHS management plan.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
312 High risk construction work—safe work method statements
The principal contractor for a construction project must take all reasonable steps to obtain a copy of the safe work method statement relating to high risk construction work before the high risk construction work commences.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.Note. The WHS management plan contains arrangements for co operation between persons conducting a business or undertaking at the construction project workplace, including in relation to the preparation of safe work method statements (see clause 309 (2) (b) and (e)).
313 Copy of WHS management plan must be kept
(1) Subject to subclause (2), the principal contractor for a construction project must ensure that a copy of the WHS management plan for the project is kept until the project to which it relates is completed.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(2) If a notifiable incident occurs in connection with the construction project to which the statement relates, the person must keep the WHS management plan for at least 2 years after the incident occurs.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(3) The person must ensure that, for the period for which the WHS management plan must be kept under this clause, a copy is readily accessible to any person who is to carry out construction work in connection with the construction project.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(4) The person must ensure that for the period for which the WHS management plan must be kept under this clause, a copy is available for inspection under the Act.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(5) In this clause, WHS management plan means the initial plan and all revised versions of the plan.
314 Further health and safety duties—specific clauses
The principal contractor for a construction project must put in place arrangements for ensuring compliance at the workplace with the following:(a) Division 2 of Part 3.2,(b) Division 3 of Part 3.2,(c) Division 4 of Part 3.2,(d) Division 5 of Part 3.2,(e) Division 7 of Part 3.2,(f) Division 8 of Part 3.2,(g) Division 9 of Part 3.2,(h) Division 10 of Part 3.2,(i) Part 4.4.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Note. All persons conducting a business or undertaking at the construction project workplace have these same duties (see Part 3.2 of this Regulation and section 19 of the Act). Section 16 of the Act provides for situations in which more than 1 person has the same duty.
315 Further health and safety duties—specific risks
The principal contractor for a construction project must in accordance with Part 3.1 manage risks to health and safety associated with the following:(a) the storage, movement and disposal of construction materials and waste at the workplace,(b) the storage at the workplace of plant that is not in use,(c) traffic in the vicinity of the workplace that may be affected by construction work carried out in connection with the construction project,(d) essential services at the workplace.Note. WHS Act—section 20 (see clause 9).
Part 6.5 General construction induction training
Division 1 General construction induction training requirements
316 Duty to provide general construction induction training
A person conducting a business or undertaking must ensure that general construction induction training is provided to a worker engaged by the person who is to carry out construction work, if the worker:(a) has not successfully completed general construction induction training, or(b) successfully completed general construction induction training more than 2 years previously and has not carried out construction work in the preceding 2 years.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
317 Duty to ensure worker has been trained
(1) A person conducting a business or undertaking must not direct or allow a worker to carry out construction work unless:(a) the worker has successfully completed general construction induction training, and(b) if the worker completed the training more than 2 years previously—the worker has carried out construction work in the preceding 2 years.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(2) The person conducting the business or undertaking must ensure that:(a) the worker holds a general construction induction training card, or(b) if the worker has applied for but not yet been issued with a general construction induction training card, the worker holds a general construction induction training certification, issued within the preceding 60 days.
318 Recognition of general construction induction training cards issued in other jurisdictions
(1) In this Division, a reference to a general construction induction card includes a reference to a similar card:(a) issued under a corresponding WHS law, and(b) that is being used in accordance with the terms and conditions under which it was issued.(2) Subclause (1) does not apply to a card that is suspended or cancelled or has expired in the corresponding jurisdiction.
Division 2 General construction induction training cards
(1) A person who has successfully completed general construction induction training in this jurisdiction may apply to the regulator for a general construction induction training card.(2) The application must be made in the manner and form required by the regulator.(3) The application must include the following information:(a) the applicant’s name and any other evidence of the applicant’s identity required by the regulator,(b) either:(i) a general construction induction training certification issued to the applicant, or(ii) a written declaration by the person who provided the general construction induction training on behalf of the relevant RTO that the applicant has successfully completed general construction induction training.(4) The application must be accompanied by the relevant fee.(5) The application must be made:(a) within 60 days after the issue of the general construction induction training certification, or(b) if the application is accompanied by a declaration referred to in subclause (2) (b) (ii), at any time after completion of the general construction induction training.(6) The regulator must issue a general construction induction training card to the applicant if:(a) the application has been made in accordance with this clause, and(b) the regulator is satisfied that the applicant has successfully completed general construction induction training.(7) The regulator must make a decision on the application as soon as practicable.(8) If the regulator has not decided on the application within 60 days, the applicant is taken to hold a general construction induction training card until a decision is made.
A general construction induction training card must:(a) state the following:(i) that the card holder has completed general construction induction training,(ii) the name of the card holder,(iii) the date on which the card was issued,(iv) a unique identifying number,(v) the State in which the card was issued, and(b) contain the card holder’s signature.
(1) If a general construction induction training card issued by the regulator is lost, stolen or destroyed, the card holder may apply to the regulator for a replacement card.Note. A card holder is required to keep the card available for inspection under clause 326.(2) An application for a replacement general construction induction training card must be made in the manner and form required by the regulator.(3) The application must:(a) include a declaration about the circumstances in which the card was lost, stolen or destroyed, andNote. See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.(b) be accompanied by the relevant fee.(4) The regulator may issue a replacement card if satisfied that the original general construction induction training card has been lost, stolen or destroyed.
322 Refusal to issue or replace card
The regulator may refuse to issue a general construction induction training card or a replacement general construction induction training card if satisfied that the applicant:(a) gave information that was false or misleading in a material particular, or(b) failed to give information that should have been given, or(c) produced a general construction induction training certification that had been obtained on the basis of the giving of false or misleading information by any person or body.Note. A decision to refuse to issue or replace a general construction induction training card is a reviewable decision (see clause 676).
323 Cancellation of card—grounds
The regulator may cancel a general construction induction training card issued by the regulator if satisfied that the card holder, when applying for the card:(a) gave information that was false or misleading in a material particular, or(b) failed to give information that should have been given, or(c) produced a general construction induction training certification that had been obtained on the basis of the giving of false or misleading information by any person or body.Note. A decision to cancel a general construction induction training card is a reviewable decision (see clause 676).
324 Cancellation of card—process
(1) The regulator must, before cancelling a general construction induction training card, give the card holder:(a) written notice of the proposed cancellation that outlines all relevant allegations, facts and circumstances known to the regulator, and(b) a reasonable opportunity to make submissions to the regulator in relation to the proposed cancellation.(2) On cancelling a general induction card, the regulator must give the card holder a written notice of its decision, stating:(a) when the cancellation takes effect, and(b) the reasons for the cancellation, and(c) when the card must be returned to the regulator.
325 RTO may enter agreement to issue cards
* * * * *Note. The Model Work Health and Safety Regulations contain a provision enabling the regulator to enter agreements with a RTO regarding the issue of general induction construction training cards.
(1) A worker carrying out construction work must keep available for inspection under the Act:(a) his or her general construction induction training card, or(b) in the circumstances set out in clause 319 (5), a general induction training certification held by the worker, until a decision is made on the application for the general construction induction training card.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(2) A card holder, on receiving a cancellation notice under clause 324 (2), must return the card in accordance with the notice.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.(3) Subclause (1) (a) does not apply if the card is not in the possession of the worker (card holder) because:(a) it has been lost, stolen or destroyed, and(b) the card holder has applied for, but has not received, a replacement card under clause 321.
327 Alteration of general construction induction training card
A person who holds a general construction induction training card must not intentionally or recklessly alter the card.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.