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OHS Code of Practice 2008

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0% found this document useful (0 votes)
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OHS Code of Practice 2008

Uploaded by

Jay
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 32

Australian Capital Territory

Occupational Health and Safety (National


Standard for Construction Work) Code of
Practice 2008*
Disallowable instrument DI2008—30

made under the

Occupational Health and Safety Act 1989, s 206 (Codes of practice)

1 Name of instrument
This instrument is the Occupational Health and Safety (National Standard for
Construction Work) Code of Practice 2008.

2 Approval of a code of practice


Under section 206 of the Occupational Health and Safety Act 1989, having consulted the
Occupational Health and Safety Council, I approve the National Standard for
Construction Work [NOHSC:1016 (2005)] as a code of practice.

Andrew Barr
Minister for Industrial Relations
15 February 2008

*Name amended under Legislation Act, s 60


Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
NATIONAL STANDARD FOR CONSTRUCTION
WORK
[NOHSC:1016 (2005)]

CANBERRA
APRIL 2005

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION

NATIONAL STANDARD FOR CONSTRUCTION


WORK

[NOHSC:1016 (2005)]

CANBERRA
APRIL 2005

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


© Commonwealth of Australia 2005

First published: 27 April 2005

ISBN 1 920763 67 8

This work is copyright. You may download, display, print and reproduce this material, in
unaltered form only, retaining this notice, for your personal use, non-commercial use or use
within your organisation. Apart from any use permitted under the Copyright Act 1968, all
rights are reserved. Requests for further authorisation should be directed to the
Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran
Offices, National Circuit, Canberra. ACT 2600. or posted to
commonwealth.copyright@ag.gov.au.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Occupational Health and Safety Commission

Foreword
The National Occupational Health and Safety Commission (NOHSC) leads and coordinates
national efforts to prevent workplace deaths, injury and disease in Australia. Through the
quality and relevance of the information it provides, the NOHSC seeks to influence the
awareness and activities of every person and organisation with a role in improving Australia’s
occupational health and safety (OHS) performance.
More specifically, the NOHSC aims to:
• support and enhance the efforts of the Commonwealth, state and territory governments
to improve the prevention of workplace deaths, injury and disease;
• work in alliances with others to facilitate the development and implementation of
better preventative approaches; and
• ensure the needs of small business are integrated into these approaches.
The NOHSC’s National OHS Strategy 2002-2012, which was released by the Workplace
Relations Ministers’ Council on 24 May 2002, records a commitment by all Australian, state
and territory governments, the Australian Chamber of Commerce and Industry and the
Australian Council of Trade Unions to share the responsibility of ensuring that Australia’s
performance in work-related health and safety is continuously improved.
The National OHS Strategy sets out five national priorities to achieve short-term and long-
term improvements.
The priorities are to:
• reduce high incidence and high severity risks;
• improve the capacity of business operators and workers to manage OHS effectively;
• prevent occupational disease more effectively;
• eliminate hazards at the design stage; and
• strengthen the capacity of government to influence OHS outcomes.
National standards are declared by the NOHSC under s.38(1) of the National Occupational
Health and Safety Commission Act 1985 (Commonwealth), and prescribe preventive action
to avert occupational deaths, injuries and diseases. Most national standards deal with the
elimination, reduction or management of specific workplace hazards.
The expectation of the Australian Government and the NOHSC is that national standards will
be suitable for adoption by the Australian, state and territory governments. Such action will
increase uniformity in the regulation of occupational health and safety throughout Australia
and contribute to the enhanced efficiency of the Australian economy.
NOHSC documents are instruments of an advisory character, except where a law, other than
the National Occupational Health and Safety Commission Act 1985, or an instrument made
under such a law, makes them mandatory. The application of any NOHSC document in any
particular state or territory is the prerogative of that state or territory.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au i


National Occupational Health and Safety Commission

Contents

Preface 1

1. Title 2

2. Scope and application 3

3. Objective and principles 4

4. Meaning of construction work 5

5. Meanings of other terms 6

6. Obligation to control risks 9

7. Managing safety in the workplace 10


Responsibilities of clients 10
Responsibilities of designers 10
Responsibilities of persons with control 11
Joint responsibility 17
Consultation 17
Occupational health and safety management plans 18
Safe work method statements 20
Occupational health and safety training 21
8. General health and safety provisions 22
Existing services 22
Traffic control 22
Lighting 22
Access and egress 23
Public access 23
Emergency procedures 23
First-aid and medical attention 24
Electricity supply 24
Housekeeping 24
Exposure to the elements 25
Providing amenities 25

ii Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Occupational Health and Safety Commission

Preface
Construction is one of Australia’s highest risk industries.

In 2002-03, the construction industry employed approximately 5% of the Australian workforce


but accounted for 9% of the accepted workers’ compensation claims involving one or more
weeks off work that were lodged in that year. On average, 49 building and construction
workers have been killed at work each year in Australia since 1997–98. People working in
the construction industry are more than twice as likely to be killed at work as the average
worker in all Australian industries. In 2002–03, for example, workers compensation records
show there were 9.2 fatalities per 100,000 employees in the construction industry, compared
with the national average of 3.1 fatalities per 100,000 employees.

This National Standard for Construction Work [NOHSC:1016 (2005)] aims to protect persons
from the hazards associated with construction work. It assigns responsibilities to individuals
to identify these hazards and either eliminate them or, where this is not reasonably
practicable, minimise the risks they pose.

The genesis for this standard was the NOHSC’s recognition in October 2002 that the
construction industry warranted a high priority in Australia’s efforts to reduce workplace death
and injury. This was followed in March 2003 by the Final Report of the Royal Commission
into the Building and Construction Industry, which recommended that uniform national
occupational health and safety (OHS) construction standards be developed under the
National OHS Strategy. In November 2003, the Workplace Relations Ministers’ Council
agreed that the NOHSC should undertake the recommended work to develop national
material for the construction industry.

To assist it in this work, the NOHSC established a Construction Reference Group, with
representatives from each state and territory, the Commonwealth, the Housing Industry
Association, the Master Builders’ Association, the Construction, Forestry, Mining and Energy
Union and the NOHSC Office. The Construction Reference Group provided technical
expertise and guidance for the development of this national standard. A draft of the standard
was released for public comment from June to September 2004. During this period the
NOHSC Office conducted focus groups around the country to inform affected parties and
elicit comment.

Along with associated national codes of practice, including codes for the prevention of falls in
construction work, tilt-up and precast concrete construction work, and occupational health
and safety induction training for construction work, the NOHSC National Standard for
Construction Work draws together best practice from Australian state and territory OHS
authorities into a framework that will promote, for the first time, a nationally uniform approach
to the management of OHS in the building and construction industry.

This National Standard for Construction Work was declared by the NOHSC, in accordance
with section 38 of the National Occupational Health and Safety Commission Act 1985 (Cth),
on 27 April 2005.

Compliance with the provisions of this standard will not necessarily mean that a person has
fulfilled their obligations under all relevant occupational health and safety acts and
regulations. Persons should contact their state, territory or Australian Government health and
safety authority for information on those obligations.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1


National Occupational Health and Safety Commission

Note:
1. Title Text that appears within the
page margins is advisory
1.1 This document may be cited as the National Standard for information only. It does not
Construction Work [NOHSC:1016 (2005)]. It is referred to as the form part of this national
‘national standard’ within this document. standard.

2 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

2. Scope and Application Note: This national


standard sets out
requirements for issues
2.1 This national standard applies to: that are relevant to
construction work.
(a) clients and designers of construction projects;
Hazards that are present
(b) persons with control of a construction project; in construction work and
covered by other NOHSC
standards include:
(c) persons with control of construction work;
manual handling
plant
(d) persons engaged to undertake construction work;
and occupational noise
hazardous substances
(e) construction sites; dangerous goods.

but does not apply to owners and / or occupiers of dwellings This national standard
does not set out all the
personally performing construction work on those dwellings. requirements that may
need to be satisfied
2.2 An obligation to comply with a provision of this national when undertaking
standard is an obligation to comply as far as is reasonably construction work. It
practicable. concentrates instead on
the management of those
hazards and risks that
have a significant
construction-specific
component.

Check with the OHS


authority in the
jurisdiction in which you
are undertaking
construction work for
guidance on what is
‘reasonably practicable’.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3


National Occupational Health and Safety Commission

3. Objective and Principles


3.1 The objective of this national standard is to protect persons from
the hazards associated with construction work by:

(a) requiring specified classes of persons to ensure these


hazards are identified, the risks they pose assessed,
and either the risks eliminated or, where this is not
reasonably practicable, the risks are minimised; and

(b) requiring the provision of information, consultation,


planning, documentation, training and other measures
to ensure occupational health and safety.

3.2 This national standard does not supersede obligations under


relevant legislation of the states and territories and the
Australian Government.

4 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

4. Meaning of construction work


Note:
4.1 ‘Construction work’ means any work on or in the vicinity of a The manufacture or
construction site carried out in connection with the construction, construction on the
alteration, conversion, fitting out, commissioning, renovation, construction site of
repair, maintenance, de-commissioning, demolition or prefabricated elements
dismantling of any structure, and includes: of a structure (for
example pre-cast
(a) the demolition or dismantling of a structure, or part of a concrete panels and
structure, and the removal from the construction site of similar prefabricated
any product or waste resulting from the demolition or elements), not
dismantling; including ordinary
stock for sale, is
construction work
(b) the assembly of prefabricated elements to form a
under clause 4.
structure or the disassembly of prefabricated elements,
The manufacture or
which, immediately before such disassembly, formed a
construction of
structure; prefabricated elements
of a structure ‘off-site’,
(c) any work in connection with any excavation, (for example, pre-cast
landscaping, preparatory work, or site preparation concrete panels
carried out for the purpose of any work referred to in manufactured in a
this definition; and casting yard) is not
construction work
(d) any work referred to in this definition carried out under under clause 4.
water, including work on buoys, obstructions to
navigation, rafts, ships, and wrecks;

but does not include the exploration for or extraction of mineral


resources or preparatory work relating to the extraction carried
out at a place where such exploration or extraction is carried
out.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5


National Occupational Health and Safety Commission

‘Designers’ include:
• architects, civil and
5. Meanings of other terms structural engineers,
building surveyors,
5.1 In this national standard, unless the contrary intention landscape architects
appears: and all other design
practices contributing
to, or having overall
‘Client’ means any person who commissions design work for responsibility for, any
a structure. part of the design (for
example, drainage
‘Construction project’ means a project involving construction engineers designing the
drain for a new
work, and includes design, preparation, and planning. development);
• anyone who
‘Construction site’ means a place at which construction work specifies or alters a
is undertaken, and any other area in the vicinity where plant or design, or who specifies
other material used or to be used in connection with the the use of a particular
construction work is located or kept during the construction method of work or
material (for example, a
work. It does not include a place where elements are quantity surveyor who
manufactured 'off site' or where construction material is stored insists on specific
as stock for sale or for hire. material, or a client who
stipulates a particular
‘Construction work’ has the meaning given by clause 4. layout);
• building service
‘Demolition’ means the complete or partial dismantling of a designers, engineering
practices or others
structure by planned and controlled methods or procedures. designing fixed plant
(including ventilation
‘Design’ in relation to any structure means any drawing, and electrical systems
design detail, scope of works document or specification and permanent fire
relating to the structure. extinguisher
installations);

‘Designer’ means a person whose profession, trade or • contractors carrying


out design work as part
business involves them in: of their contribution to a
project (for example, an
(a) preparing designs for structures, including variations
engineering contractor
to a plan or changes to a structure; or providing design,
procurement and
(b) arranging for people under their control to prepare
construction
designs for structures. management services);
• temporary works
‘Excavation’ includes any earthwork, trench, well, shaft, engineers, including
those designing
tunnel or underground work. formwork, falsework,
scaffolding and sheet
piling;
‘Existing services’ means any gas, water, sewerage,
communication, electrical service or other services, such as • interior designers,
including shop-fitters
chemical, fuel and refrigerant lines, supplied to or adjacent to who also help with the
a site. design; and
• anyone specifying
‘Hazard’ means any thing (including an intrinsic property of a or designing how
demolition, dismantling
thing), or situation with the potential to cause harm to people. work, structural
alteration or the
formation of openings
is to be carried out

6 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

‘High-risk construction work’ means any of the following: Notes on high-risk


construction work:-
(a) construction work where there is a risk of a person
falling two metres or more;
(b) construction work on telecommunications towers;
(c) construction work involving demolition;
(d) construction work involving the disturbance or Refer to the National Code
removal of asbestos; of Practice for the Safe
Removal of Asbestos
(e) construction work involving structural alterations [NOHSC:2002(2005)].
that require temporary support to prevent collapse;
Only certified persons are
(f) construction work involving a confined space;
permitted to enter a
confined space. Contact
(g) construction work involving excavation to a depth
your jurisdictional OHS
greater than 1.5 metres; authority for local
requirements.
(h) the construction of tunnels;
(i) construction work involving the use of explosives;
(j) construction work on or near pressurised gas This national standard has
distribution mains and consumer piping; provisions relating to
construction work on or
(k) construction work on or near chemical, fuel or near existing services (see
refrigerant lines; clauses 8.1-8.2).

(l) construction work on or near energised electrical


installations and services;
(m) construction work in an area that may have a Abrasive blasting is one
contaminated or flammable atmosphere; example of construction
work in which air
(n) tilt-up and precast concrete construction work; contaminant levels of dust
must be controlled.
(o) construction work on or adjacent to roadways or
railways used by road or rail traffic;
(p) work on construction sites where there is any
movement of powered mobile plant;
(q) construction work in an area where there are
artificial extremes of temperature;
(r) construction work in, over or adjacent to water or
Examples of work near
other liquids where there is a risk of drowning; and water include pump
inspections, excavations,
(s) construction work involving diving.
and work on dams,
bridges, caissons and
cofferdams.
AS 2299.1 – 1999
Occupational Diving
Operations – Standard
Operating Practices
describes some safety
measures required for
occupational diving work.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7


National Occupational Health and Safety Commission

‘Plant’ includes any machinery, equipment (including


scaffolding), appliance, implement or tool, including any
component, fitting or accessory to any machinery, equipment
(including scaffolding), appliance, implement or tool.

‘Risk’ means the likelihood of a hazard causing harm to a


person.

‘Safe work method statement’ means a statement that: In some states and
(a) identifies a work activity assessed as having a safety territories different
terms may be used to
risk or risks; describe a ‘safe work
(b) states the safety risk or risks; method statement’ (for
example, ‘job safety
(c) describes the control measures that will be applied to analysis’ or ‘work
the work activity; method statement’).

(d) describes how safety measures will be implemented to


do the work safely; and
(e) includes a description of the equipment used in the
work, the qualifications of the personnel doing the work
and the training required to do the work safely.

‘Structure’ means:

(a) any building, steel or reinforced concrete construction,


railway line or siding, tramway line, dock, ship,
submarine, harbour, inland navigation channel, tunnel,
shaft, bridge, viaduct, waterworks, reservoir, pipe or
pipeline (whatever it contains or is intended to contain),
structural cable, aqueduct, sewer, sewerage works,
gasholder, road, airfield, sea defence works, river
works, drainage works, earthworks, constructed
lagoon, dam, wall, mast, tower, pylon, underground
tank, earth retaining construction, fixed plant,
construction designed to preserve or alter any natural
feature, and any other similar construction, and

(b) any formwork, falsework, scaffold or other construction


designed or used to provide support or access during
construction work.

8 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

Note:
6. Obligation to control risks The measures that
need to be adopted in
6.1 For the purpose of this national standard, an obligation to line with this hierarchy
control a risk to health and safety is an obligation to: should be adapted to
the specific
(a) eliminate the risk; or circumstances of the
construction project.
(b) if elimination of the risk is not reasonably practicable, Measures that
minimise the risk through measures which must be minimise risks to many
considered in the following order: and/or protect against
serious injuries should
(i) first, substitute the hazard giving rise to the risk be given priority over
with a hazard that gives rise to a lesser risk; those that protect
individuals and/or
(ii) secondly, isolate the hazard from persons who protect against lesser
might be put at risk; injuries. Priority
should also be given to
(iii) thirdly, minimise the risk by engineering means; measures that require
the least skill, care and
(iv) fourthly, apply administrative measures such as attention on the part of
the adoption of safe systems of work; and the persons to be
protected.
(v) fifthly, use personal protective equipment.

6.2 A combination of the above measures must be applied when no


single measure is sufficient to either eliminate the risk, or, when
this is not reasonably practicable, to minimise the risk.

6.3 Whenever this national standard requires a person to control a


risk by taking specific risk control measures, that requirement is
in addition to the obligations referred to in sub clauses 6.1 and
6.2.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9


National Occupational Health and Safety Commission

Note: The OHS Acts in


each jurisdiction place
7. Managing safety in the workplace duties on a range of
persons. In this national
standard a person may
find they have duties
Responsibilities of clients under several headings,
e.g. a person may have
control of the
7.1 A client must consult with the designer to ensure that any
construction project
construction work in connection with the design can be and of carrying out
undertaken without risk to the health and safety of any person certain construction
undertaking the construction work. work.
These duties cannot be
7.2 A client must consult with the person with control of the contracted out to a third
party.
construction project to ensure that:
Examples of persons
involved in construction
(a) persons undertaking the construction work required work with an obligation
by the project can do so without risk to health and under this national
safety; and standard include:
(a) designers, including
(b) no person on or near the construction site is put at planners, structural
risk from the construction work. engineers, architects,
design draftspersons,
7.3 If information has been provided to a client in accordance with (b) owners, property
developers, clients
clauses 7.6, 7.20 and 7.26, the client must ensure that this
(c) owners, occupiers,
information is provided to: local councils, utility
authorities,
(a) any person with control of construction work; and (d) principal
contractors, sub-
(b) any person who obtains the structure for their own contractors, builders,
use or who supplies the structure for use by others. tradesmen, civil
contractors,
(e) employers, labour
hire companies,
Responsibilities of designers (f) employees, self-
employed, and
7.4 Designers must ensure that hazards associated with the (g) suppliers of material.
construction work required by the design are identified before
the commencement of construction work. Note: Refer to the
NOHSC Safe Design
Guideline for
7.5 Designers must ensure, to the extent that they have control information on applying
over the design, that any risks to the health and safety of any the principles of safe
person affected by the construction work, which includes the design to buildings and
construction, repair, cleaning, maintenance or demolition of a other construction
work.
structure, that are a result of the design, are eliminated, or
where this is not reasonably practicable, minimised. The designer’s report to
the client should
7.6 Designers must report to the client, in writing, on the health include details of any
and safety aspects of the design identified in accordance with hazardous structural
clauses 7.4 and 7.5. features, material,
procedures or practices
that remain in the
7.7 The level of detail to be provided in the report must be design, and whether
commensurate with the degree of risk identified by the these hazards, or the
designer. risks arising from these
hazards, could be
eliminated by design
modifications, or
substitute materials or
methods.

10 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

Responsibilities of persons with control The ‘person with


control of a
construction project’ is
7.8 A person with control of a construction project or control of usually a person
construction work is responsible for the health and safety of any appointed by the client
person who may be affected by the construction work: to manage the project
and may be known as
(a) to the extent that the person has control over the the:
construction work; and • Principal Contractor,
• Head Contractor,
(b) to the extent that the health and safety of the affected • Main Contractor,
person is affected by the construction work. • Builder,
• Employer, or
• person with
management and
control,
Person with control to record information depending on the
terminology used in
different areas.
7.9 A person with control of a construction project must ensure that
information required in accordance with clauses 7.12 to 7.24,
Examples of ‘persons
relating to the hazard identification, risk assessment, and risk with control of
control process, is: construction work’
include principal
(a) compiled and recorded; and contractors, main
contractors, sub-
contractors, employers
(b) where an occupational health and safety management and self-employed
plan is required by this national standard, incorporated persons.
into the occupational health and safety management
plan. In identifying and
recording hazards, the
person with control
7.10 The level of detail to be recorded under sub-clause 7.9 (a) must should have regard to
be commensurate with the degree of risk identified. any relevant national
standards that apply to
7.11 A person with control of the construction project must ensure that that hazard.
records compiled in accordance with clause 7.9, and
occupational health and safety management plans developed in
accordance with clause 7.30, are kept until completion of the
construction project.

Person with control to identify hazards


7.12 A person with control of a construction project must ensure that
any hazard that may harm the health or safety of:

(a) any person undertaking construction work; or

(b) any other person affected by the construction work;

that arises or may arise from the construction project is identified.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11


National Occupational Health and Safety Commission

7.13 In particular, and without limiting the generality of clause 7.12, Note: Hazardous
the person with control of a construction project must ensure substances are chemicals
that the identification of hazards arising from: and other substances that
can affect health, causing
illness or disease.
(a) the construction site; Examples include
solvents, pesticides,
paints, adhesives,
(b) any design relating to the construction project; petroleum products, heavy
metals, PCBs and any
other substance that is
(c) working at height; hazardous to health and is
used or produced at work.
Hazardous substances
(d) hazardous substances, including the handling, use, can take many forms:
storage, and on-site transport or disposal of liquids, solids, vapours,
gases, fumes and dusts.
hazardous substances;

Refer to the National Code


(e) the presence of asbestos; of Practice for the Safe
Removal of Asbestos
[NOHSC:2002(2005)].
(f) systems of work;

(g) plant, including the on-site transport, installation,


erection, commissioning, use, repair, maintenance,
dismantling, storage or disposal of plant;

Note: Hazards arising from


(h) manual handling (including the potential for the physical working
occupational overuse injuries); environment include the
potential for any of the
following:
(i) the layout and condition of the construction site; and • electrocution;
• drowning;
(j) the physical working environment, • fire or explosion;
• people slipping, tripping
or falling;
is undertaken.
• objects or structures
falling on people;
• people being struck by
moving plant;
• exposure to noise, heat,
cold, vibration,
radiation, static
electricity or a
contaminated
atmosphere;
• the presence of a
confined space; and
• exposure to violence
from members of the
public

Note: The potential for


exposure to violence from
members of the public
must be considered when
construction workers are
placed in proximity to the
public, for example, road
traffic controllers.

12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

7.14 In meeting their obligations under clauses 7.12 and 7.13, persons
with control of a construction project must ensure that there are
effective procedures to identify and record hazards representing
potential risks to health and safety:

(a) prior to the commencement of construction work;

(b) before and during the installation, erection,


commissioning or alteration of plant;

(c) before changes to systems of work are introduced;

(d) before hazardous substances are introduced;

(e) while work is being carried out; and


Note: Authoritative
(f) when new or additional information from an authoritative sources of
source relevant to the health or safety of persons information could
engaged to undertake construction work becomes include, but are not
limited to, NOHSC
available. standards, codes of
practice and
guidance material,
industry codes of
Person with control to assess risks practice, a regulatory
authority, a
manufacturer or
7.15 When hazards have been identified in accordance with clauses supplier of plant, a
7.12, 7.13 and 7.14, the person with control of a construction training institution or
project must ensure that any risk to the health or safety of: an industry
association.
(a) any person undertaking construction work; or

(b) any other person affected by the construction work

that arises or may arise from the construction work is assessed.

7.16 In the risk assessment, the person with control must ensure that:

(a) the likelihood of an injury, illness or disease occurring,


and the likely severity of any injury, illness or disease
that may occur is evaluated;

(b) the available health and safety information relevant to a


particular hazard is reviewed; and

(c) any actions necessary to control the risk in accordance


with clauses 6.1 and 6.2 are identified.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13


National Occupational Health and Safety Commission

Person with control to control risks


7.17 When risks have been assessed in accordance with clauses 7.15 Risk control measures
and 7.16, the person with control of a construction project must must be implemented
ensure that any risk to the health or safety of: to protect all persons
at risk from the
(a) any person undertaking construction work; and construction work,
including sub-
contractors and their
(b) any other person affected by the construction work, employees, self-
employed persons and
that arises, or may arise from the construction work is eliminated. their employees, any
other employees,
suppliers, visitors and
7.18 If it is not reasonably practicable to eliminate the risk, the person passers-by.
with control must ensure that the risk is controlled in accordance
with clauses 6.1 and 6.2.

7.19 The measures taken to eliminate or otherwise control risks must


take account of any information provided in accordance with
clause 7.3.

7.20 If a person with control of a construction project is aware that:

(a) there is an uncontrolled risk, or a risk that could be


better controlled, and

(b) elimination, control or better control of the risk could be


achieved by changing the design,

they must ensure that information about the hazards and risks
arising from the design is provided to the client to allow the
design to be revised to eliminate or otherwise better control the
risk.

7.21 A person with control of a construction project must ensure that


all the measures adopted to eliminate or otherwise control risks
to health and safety, including plant and systems of work, are
properly used and maintained.

Person with control to review hazard


identification, risk assessment and risk
control measures
7.22 A person with control of a construction project must ensure the
hazard identification, risk assessment and measures to control
risks are reviewed whenever:

(a) there is information that the hazard identification, or risk


assessment, or control measures are no longer
adequate;

14 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

(b) advice is received from a person undertaking any


construction work to which the hazard identification,
risk assessment or risk control measures relate that a
hazard has not been identified, or a risk has not been
assessed, or has not been eliminated or adequately
controlled;

(c) injury, illness or disease results from exposure to an


unidentified hazard or a hazard to which a risk
assessment or risk control measures relate; or

(d) a significant change is proposed for the construction


site, or part of the construction site, including the
introduction of new plant or technology, or new
procedures or systems of work, to which the hazard
identification, risk assessment or risk control measures
relate.

Responsibilities of a person with control to


provide information, instruction and training
7.23 A person with control of a construction project must ensure that
any information, instruction and training relating to the hazards,
risks and control measures identified under clauses 7.12 to 7.22
are provided to those engaged to undertake the construction
work.

7.24 The information, instruction and training referred to in clause


7.23, and the manner and timing of their provision, must be
commensurate with the risk to health and safety identified.

Responsibilities of persons engaged to


undertake construction work
7.25 Persons who are engaged to undertake construction work must Note: Persons engaged
to undertake
ensure that:
construction work
include employees.
(a) no other person is put at risk from the work; and

(b) they undertake their work in accordance with the


information, direction, instruction and training with
which they have been provided.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15


National Occupational Health and Safety Commission

Responsibility to provide information


7.26 In relation to a particular construction project, where a person
has:

(a) consulted with another person about the risks


associated with the construction work being
undertaken;

(b) reported to another person about the health and safety


aspects of the construction work being undertaken;

(c) identified and recorded hazards associated with the


construction work;

(d) assessed the risks to health and safety associated with


any such hazards;

(e) prepared an occupational health and safety


management plan for the construction project;

(f) prepared a safe work method statement for the


construction work to be undertaken;

(g) implemented measures to control health and safety


risks associated with the construction work; or

(h) provided information, instruction or training to persons


undertaking the construction work,

they must take steps to prevent risks to health and safety by


notifying any other person of any matter that may affect the
capacity of that person to comply with the requirements of this
national standard.

7.27 A person undertaking construction work must notify a person


with control of the construction work or of the construction
project of any matter that they are aware may affect that
person’s capacity to comply with the requirements of this
national standard.

16 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

Joint responsibility
7.28 If more than one person has responsibility for a matter under
clauses 7.1 to 7.42 of this national standard:

(a) each of these persons retains responsibility for the


matter;

(b) each person must fulfil their responsibility to the extent


that they control the construction project or the
construction work;

(c) all of them must discharge their responsibilities in a co-


ordinated manner; and

(d) each person must cooperate with all other parties who
have a responsibility concerning occupational health
and safety.

Consultation
7.29 A person with control of a construction project or control of
construction work must ensure there are arrangements for: Note: Legislation in each
state and territory
jurisdiction governs specific
(a) all persons engaged to undertake construction work at consultation arrangements
that site, or their representatives, to be consulted, in a that must be implemented at
timely fashion, on work-related matters that may affect workplaces.
their health and safety; and

(b) consideration of the views, on health and safety


matters, of persons engaged to undertake construction
work, or their representatives.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17


National Occupational Health and Safety Commission

Occupational health and safety management


plans
7.30 A person with control of a construction project where five or
more persons are working, or are likely to be working,
simultaneously on a construction site must ensure that:

(a) a site-specific occupational health and safety


management plan is prepared before the work
commences; and

(b) the plan is monitored, maintained and kept up to date


during the course of the work.

7.31 The person with control of the construction project 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;

(b) the detail of arrangements for ensuring compliance


with the occupational health and safety induction
training requirements of this national standard;

(c) the detail of arrangements for the co-ordination of


health and safety issues of persons engaged to
undertake construction work;

(d) the detail of arrangements for managing occupational


health and safety incidents when they occur, including
the identities of and contact details of all persons who
will be available to prevent, prepare for, respond to and
manage recovery from such incidents;

(e) any site safety rules, with the detail of arrangements for
ensuring that all persons at the site, whether
employees, contractors, suppliers or visitors, are
informed of the rules;

(f) the hazard identification, risk assessment and risk


control information for all work activities assessed as
having safety risks; and

(g) the safe work method statements for all high-risk


construction work.

18 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

7.32 The person with control of the construction project must ensure Note: access to OHS
that a copy of the occupational health and safety management management plans by
plan is available for inspection throughout the course of the employee representatives may
construction work by: be a mandatory requirement in
some jurisdictions.

(a) any person engaged to undertake construction work at


the site;

(b) any person about to commence work at the site; and

(c) an employee member of an occupational health and


safety committee, an occupational health and safety
representative, or a person elected by persons
employed at the site to represent them on health and
safety matters.

7.33 The person with control of the construction project must ensure
that any person engaged to carry out construction work at a
construction site is provided with a copy of all relevant parts of
the occupational health and safety management plan for that
site before they commence work.

7.34 If an occupational health and safety management plan is


changed during the course of construction work, the person with
control of the construction project must ensure that all persons
engaged to carry out construction work at the site concerned
are promptly provided with a copy of the changed parts of the
plan of relevance to their work.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19


National Occupational Health and Safety Commission

Safe work method statements


7.35 Clauses 7.36 to 7.38 apply to any construction site at which Note: Clauses 7.36 to 7.38 set
out the requirements of this
high-risk construction work is undertaken.
standard for documentation of
safe methods of undertaking
7.36 A person with control of a construction project must ensure that: high-risk work.

(a) each person with control over high-risk construction Similar requirements may be
work, including sub-contractors and self-employed laid down in state and territory
laws, although safe work
persons, gives the person with control of the method statements are
construction project a written safe work method sometimes described as ‘Job
statement for the high-risk construction work to be Safety Analyses’ or ‘Work
carried out, before commencing that work; and Method Statements’.

(b) all such safe work method statements are kept up to


date and reviewed whenever there is a change to the
high-risk construction work.

7.37 A person with control of the construction project must ensure


that there are arrangements for:

(a) ensuring that all persons undertaking construction work


to which a safe work method statement applies comply
with the safe work method statement; and

(b) when a person is not complying with a safe work


method statement, they are directed to stop work
immediately and not to resume work until the safe work
method statement is complied with, unless an
immediate cessation of work is likely to increase the
risk to health and safety, in which event they must be
directed to stop work as soon as it is safe to do so.

7.38 If no other person is responsible for the preparation of a written


safe work method statement for high-risk construction work, the
person with control of the construction project must:

(a) prepare the written safe work method statement;

(b) keep the statement up to date and review it whenever


there is a change to the high-risk construction work;

(c) ensure that the work is carried out in accordance with


the statement; and

(d) ensure that when there is non-compliance with the


statement, work is stopped immediately, or when it is
safe to do so, and not resumed until the statement is
complied with.

20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

Occupational health and safety training


7.39 Clauses 7.40 to 7.42 apply to all persons with control of
construction projects, all persons with control of construction
work and all persons undertaking construction work, with the
exception of:

(a) visitors to a construction site who are accompanied by


a person who has received occupational health and
safety induction training; and

(b) persons temporarily at a construction site to deliver Note: measures to control


risks to temporary visitors to
plant, supplies, materials or services where a risk the construction site could
assessment indicates that any risks to such persons include implementing a visitor
can be controlled through other measures. management plan, permitting
access only to low-risk areas,
keeping a visitor sign-in/out
7.40 A person with control of a construction project or control of
log.
construction work must not direct or allow another person,
including a self-employed person, to carry out construction work
on the construction project unless the person with control is
satisfied that the other person has undertaken occupational
Notes on OHS induction
health and safety induction training. training:

7.41 Persons engaged to undertake construction work must not do The occupational health and
safety induction training
so until they have completed occupational health and safety provided must meet the
induction training, training provided pursuant to clause 7.23, and requirements of the
training identified in the risk assessment for the work to be jurisdiction in which the
undertaken. construction work is
undertaken.
7.42 A person with control of a construction project or control of Required training may include:
construction work must retain records for a reasonable period • general OHS training;
after the completion of the construction project of the • work activity based training
occupational health and safety induction training and any other (appropriate for the work the
training given to persons directly engaged or trained by them to person is required to
undertake); and
undertake construction work on the project.
• site-specific training (for the
site at which the
construction work is being
undertaken).

Note:
Persons engaged to undertake
construction work include
employees.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 21


National Occupational Health and Safety Commission

8. General health and safety provisions

Existing services
Note: In some
8.1 Before the commencement of construction work, a person with circumstances it may be
necessary to obtain
control of a construction project must ensure existing services at permits from relevant
the construction site are identified and the condition of and risks authorities before
posed by these services are assessed. This assessment must commencing work in the
identify: vicinity of existing
services.
(a) the type of existing services;

(b) the location of the services and whether they are


underground, overhead or contained within a structure;

(c) the extent of the services, and

(d) the risks the services present, including the risks of


electric shock, fire, explosion and an inrush of water.

8.2 If contact with an existing service poses a risk to the health and
safety of any person, all persons with control of the construction
project or control of construction work must ensure the existing
service is removed or disconnected, or otherwise isolated from
the work to be carried out, so that contact with the service will
be prevented.

Traffic control Note: A written traffic


management plan,
8.3 If pedestrian, traffic or plant movements at or near a prepared by a competent
person and available on
construction site are affected by construction work, the person site, can be an effective
with control of the construction project must ensure that these way of identifying and
movements are safely managed so as to eliminate or otherwise controlling risks from
control any associated health and safety risks. traffic movements.

Lighting
Note: Lighting on
8.4 A person with control of a construction project must ensure that construction sites is often
the level of lighting provided in any area where a person temporary. It should
performs construction work or may be required to pass through, nonetheless be adequate
for its purpose.
including access ways and emergency exits, permits this work
or passage without risk to health or safety.

22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

Access and egress


8.5 A person with control of a construction project must ensure that
all persons on the construction site are provided with safe
access to, and egress from, all places where they may be
required to work or pass. This includes the provision of
emergency access and egress routes that must be kept free of
obstructions.

Public access
8.6 A person with control of a construction project must ensure that
members of the public are not exposed to health and safety
risks arising from the construction work. Without limiting the
generality of this requirement, they must ensure that:

(a) subject to clauses 8.5 and 8.7, adequate perimeter


fencing is installed on the construction site before
construction work commences, and that it is
maintained during the construction work; and

(b) signs are placed on each construction site, clearly


visible from outside the site, stating the names and
contact telephone numbers of the persons with control
of the construction work, including an after-hours
emergency telephone number.

8.7 Clause 8.6 (a) applies to construction sites for single dwelling
houses and duplexes, and civil engineering projects and
maintenance work sites, when a risk assessment identifies the
need to isolate particular site hazards and the only way of
achieving this is with perimeter fencing.

Emergency procedures
8.8 A person with control of a construction project must ensure that:

(a) in the event of danger it is possible for workers to


evacuate all work areas quickly and safely;

(b) where appropriate, specific emergency exits, routes


and plans are displayed at appropriate locations on the
construction site;

(c) arrangements are in place for rescuing any injured


persons; and

(d) where indicated by the risk assessment, emergency


evacuation procedures are practised at regular
intervals and any difficulties identified and resolved.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 23


National Occupational Health and Safety Commission

First-aid and medical attention


Note: The first aid
provided on a construction
8.9 A person with control of a construction project must ensure site should take account of
that there are arrangements for first aid to be accessible when the number of persons
construction work is being undertaken. working on the site at any
one time that may be
8.10 First aid, including the provision of trained personnel where subject to injury in the
event of an accident.
appropriate, must be adequate for the initial treatment of
injuries and illnesses that may arise.

Note: On construction
Electricity supply sites the power supply is
often through temporary
8.11 A person with control of a construction project must ensure supply boards and power
that electrical installations, material, equipment and apparatus lines, which in a constantly
are designed, constructed, installed, protected, used, changing environment can
easily suffer damage. The
maintained and tested to eliminate the risk of electrical shock, use of a residual current
burns, fire or explosion. device can reduce the risk
of electric shock in these
circumstances.

AS 3012 – 2003 Electrical


Installations –
Housekeeping Construction and
Demolition Sites sets out
8.12 A person with control of a construction project must ensure specific requirements for
that the construction site is kept orderly and tidy. temporary power supplies
on construction sites.
8.13 Without limiting the generality of clause 8.12, the person with AS/NZS 61008.1 2004 and
control of the construction project must ensure that: AS/NZS 61009.1 set out
requirements for residual
(a) access ways are kept clear of material and debris current devices (RCDs).
and maintained in a non-slippery condition;

(b) general safety signs are erected, as appropriate, and


kept in good condition;

(c) there is a safe system for collecting, storing and


disposing of excess or waste material at the
construction site;

(d) plant is safely secured when not in use; and

(e) material at or near a construction site is moved and


stored in a safe and orderly manner so that it does
not pose a risk to the health or safety of any person.

24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au


National Standard for Construction Work [NOHSC:1016 (2005)]

Exposure to the elements


8.14 A person with control of a construction project must ensure the
safety of persons undertaking construction work where there is
any risk to their health or safety arising from exposure to adverse
weather conditions, including heat, cold, and ultra-violet
radiation.

Providing amenities Amenities are facilities


provided for the
8.15 A person with control of a construction project must ensure that welfare or personal
persons undertaking construction work have access to amenities hygiene needs of
for their welfare and personal hygiene needs. employees. They may
include toilets, rest
rooms, shelter sheds,
seating, dining rooms,
change rooms,
drinking water, lockers
and washing facilities.

Note: Where work is of


short duration some
amenities can be
provided off-site within
a reasonable travelling
time.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 25

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