Employers

In addition to general duties under the OHS Act and duties under the OHS regulations relating to specific hazards and other OHS issues affecting all workplaces, from 1 July 2008 employers will have the following duties relating to construction work:

Control risk

You will continue to have a duty to eliminate any risks to health and safety associated with construction work.

From 1 July 2008, if it’s not reasonably practicable to eliminate the risk, you will need to take the following steps to reduce it, as far as reasonably practicable, by:

• substituting the hazard with a new activity, procedure, plant , process or substance that  is less of a risk
• isolating the hazard from people, or
• using engineering controls

If there is still a risk after using these methods, you must reduce it by using administrative controls, and if any risk still remains, reduce it with personal protective equipment.

You will also need to review (and, where necessary, revise) your risk controls if things change or at the request of a health and safety representative.

Further you must also consult employees and health and safety representatives when identifying hazards and deciding on control measures. For more information, see consultation.

Notification of  excavation work

From 1 July 2008, you will be required to notify WorkSafe, in writing, of an intention to excavate a shaft or trench at least 3 days before the work starts. This does not apply to work covered by a building permit.

Additionally from 1 July 2008, you will be required to notify WorkSafe in writing of an intention to excavate any tunnel (whether covered by a building permit or not) at least three days before commencing the work.

Prepare a safe work method statement (SWMS)

You will need to develop a safe work method statement before any high-risk construction work begins, and you must ensure the work is done in accordance with that statement.

The SWMS must be kept for the duration of the work and you will need to review (and, where necessary, revise) it if things change. 

Provide induction training

You will need to ensure that any person who will carry out or supervise construction work completes construction induction training (unless they are already registered and have done some construction work in the past two years).

Provide site-specific training

You will need to ensure that anyone you’ve employed to perform construction work is provided with a site induction about the particular workplace before they start work on site..  The level of site-specific training will vary between construction sectors. 

Self-employed people

If you are a self-employed person, you have the same legal duties as an employer to ensure, as far as reasonably practicable, that people are not exposed to health and safety risks arising from your work.

View the regulations

If your worker has a work-related injury or illness, you have duties under the Accident Compensation Act, one of which is to ensure their safe return to work. The employer's obligations include:

• appoint a return to work coordinator,
• develop and implement a return to work plan, and
• support and monitor your worker when they return to work.