Can the owner be a principal contractor?- Top
Yes. There is nothing in the OHS Regulation 2001 to stop the owner from appointing themself as the principal contactor. See clause 210(5).
Do all construction sites need an OHS management plan?- Top
An OHS management plan is required when:
- construction work is undertaken and the cost of the work exceeds $250,000 (clause 226 of the OHS Regulation 2001);
- demolition work or asbestos removal work (for which a licence is required) is undertaken regardless of the cost of the work (clause 317of the OHS Regulation 2001 outlines definitions of licensed work).
Does every construction site need an OHS committee or OHS representative?- Top
Under the OHS Act 2000 all employers have a duty to consult with their workers. Chapter 3 of the OHS Regulation 2001 outlines specific provisions with regard to OHS consultation.
Briefly, the three forms of OHS consultation are:
- establishment of an OHS committee
- election of an OHS representative or representatives
- establishment of other agreed consultation arrangements.
If an employer has twenty or more workers and a majority of the workers requests an OHS committee, or WorkCover so directs, an OHS committee must be established.
An OHS representative must also be elected if at least one of the workers so requests, or WorkCover directs.
Other consultative arrangements require agreement between the employer and the worker. (Section 17, OHS Act 2000).
For more information, see OHS consultation FAQs and the Code of Practice: OHS Consultation.
What are the requirements for working at heights?- Top
Part 4.3, Division 6, clauses 56-61of the OHS Regulation 2001 is about working at heights.
The employer must ensure that all risks associated with falls from a height are controlled. To control risks, the employer must provide and maintain the following measures:
- stable and securely fenced work platform or, if this is not reasonably practicable;
- secure perimeter screens, fencing, handrails or other physical barriers capable of preventing falls or, if this is not reasonably practicable;
- other forms of physical restraint that are capable of arresting a fall from a height of more than two metres or, if this is not reasonably practicable;
- provision of a safe means of movement between different levels at the place of work.
The Regulation discusses provision and maintenance of physical restraints that are capable of arresting the fall of a person from a height of more than two metres. But this is only if it is not reasonably practical to provide control measures such as scaffold, perimeter screens, fencing or handrails.
What are the responsibilities of the subcontractor?- Top
Under clause 229 of the OHS Regulation 2001, subcontractors must not commence work unless they:
- have been provided with a copy of the relevant parts of the OHS management plan;
- have undertaken risk assessment of the work to be carried out and provided a written safe work method statement to the principal contractor, including the risk assessment;
- have ensured that they and their employees have undertaken OHS induction training as required;
- maintain and keep up-to-date the safe work method statement;
- provide the principal contractor with updated safe work method statements and other information in relation to hazardous substances.
Where high risk construction work is carried out, a subcontractor must not commence work unless they have:
- undertaken risk assessment of the work to be carried out and provided the principal contractor with a written safe work method statement including any changes made to that statement;
- ensured that they and their workers have undertaken OHS training as required.
What does the principal contractor do?- Top
A principal contractor is responsible for the construction work at all times until the work is completed. Under the OHS Regulation 2001 the principal contractor must:
- ensure OHS induction training is undertaken (clause 213)
- prepare, maintain, update and make available OHS management plans (clause 226);
- ensure that each subcontractor provides written safe work method statements before commencing work (clause 227);
- direct and monitor compliance with the safe work method statements and legislation and take action to comply (clause 227);
- keep a register of, and other records in relation to, all hazardous and other substances on site (clause 228).
See clauses 212, 213, 216, 217, 218, 219, 220 and 223 for more information.
If the owner does not appoint a principal contractor, the owner is taken to be the principal contractor.
If a principal contractor is not appointed for demolition work or asbestos removal work, the employer carrying out the work is taken to be the principal contractor for the work. Subject to this, if an owner does not appoint a principal contractor, the owner is taken to be the principal contractor for the construction work.
See clauses 210(4) and 210(6) of the OHS Regulation 2001.
What sort of OHS management plan is required?- Top
What sort of OHS management plan is required?
Any type of reasonable plan that is site specific, appropriate for the scope of the work and follows the basic principles of identification, assessment, control and review.
Clause 226(3) of the OHS Regulation 2001 states that the plan must include:
- statement of responsibilities listing names, positions and responsibilities of all persons who will have specific OHS responsibilities on the site;
- details of arrangements for ensuring compliance with OHS induction training;
- details of arrangements for managing OHS incidents;
- any site safety rules and details for ensuring all persons at the place of work are informed of the rules;
- safe work method statements for all work activities assessed as having risk.
Relevant WorkCover guidance material is available from the WorkCover website or Publications Order Hotline. Other useful information includes:
- S - Pack, the subcontractor pack (available from the Construction Principal Contractors Safety Alliance);
- OHS&R Management Systems (available from Department of Public Works, Construction Steering Policy Committee).
When do I need to appoint a principal contractor?- Top
The owner of a place of work must appoint a principal contractor for construction work carried out by or on behalf of the owner. The owner must give the principal contractor sufficient authority, as necessary, to discharge their responsibilities under the OHS Regulation 2001.
This must be done:
- when construction work is undertaken and the cost of the work exceeds $250,000;
- where demolition work or asbestos removal work that requires a licence is required (regardless of the cost of the work);
- where high risk construction work is undertaken (regardless of the cost of the work).
- Licensed work includes:
- demolition work
- restricted demolition work
- friable asbestos removal work
- bonded asbestos work.
(See clause 317 of the OHS Regulation 2001 for more information about licensed work, as there are some exemptions to asbestos related work).
High risk construction work includes construction work that:
- involves structural alterations that require temporary supports
- is at a height above three metres
- involves excavation to a depth of more than 1.5 metres
- is demolition work for which a license is not required under Chapter 10
- is in tunnels
- involves the use of explosivesis near traffic or mobile plant
- is in or around gas or electrical installations
- is over or adjacent to water where there is a risk of drowning.
See clause 209 of the OHS Regulation 2001 for more information about high risk construction work.
Who must develop the OHS management plan?- Top
The principal contractor must ensure that an OHS management plan is prepared for each site where the value of the work exceeds $250,000 before construction commences.
The plan must be maintained and kept up-to-date during the course of the work.
Clause 226 of the OHS Regulation 2001 contains details on the content of the safety management plan. There is also an obligation outlined in Chapter 2 (clauses 9-16) of the Regulation for all employers to undertake risk management.