Temporary traffic management classed as construction work

Specific obligations for construction work

Temporary traffic management (TTM) can be classed as construction work when TTM is done in connection with:

• construction work
• high-risk construction work.

Specific health and safety obligations apply to TTM classed as construction work or high-risk construction work. As well as obligations under the Occupational Health and Safety Act 2004 (OHS Act), there are obligations under the Occupational Health and Safety Regulations 2017 (OHS Regulations). The OHS Regulations place specific duties on the construction industry and construction work. Those duties can apply to TTM that is classed as construction work.

What is construction work?

Construction work is widely defined. It means any of the following work on a building or structure that is done in connection with:

• construction
• alteration
• conversion
• fitting out
• commissioning
• renovation
• refurbishment
• decommissioning
• demolition.

Construction work also includes any similar activity to those listed in the bullet points. A structure can include a road, railway or tramway.

Construction work does not include routine or minor maintenance or repair work. For example, repairing a broken pump or routine inspection of roadside pipes is not construction work.

Examples of TTM in connection with construction work include the following:

• Controlling traffic to allow mobile plant to enter and exit a commercial construction site.
• Closing roads to allow for new road building in a new housing estate.
• Diverting traffic to allow for construction of a new bridge.
• Diverting or controlling traffic during work building or repairing roads or railway tracks.
• Controlling traffic during the demolition of a building that is next to a road.
• Diverting traffic from driving paths in an area where mobile plant is being used to help build a structure. For example, building a stage.
• Controlling or diverting traffic while mobile plant on a road completes a task next to a road. For example, controlling traffic during the set-up and operation of a mobile crane to install precast concrete panels from a road.
• Managing traffic while a vehicle-loading crane unloads timber trusses at a domestic construction site.

What is high-risk construction work?

High-risk construction work is construction work that involves activities:

• where there is a risk of a person falling more than 2 m
• on or next to roadways or railways used by road or rail traffic
• in, over or next to water or liquids where there is a risk of drowning
• at workplaces where there is any movement of powered mobile machinery or equipment, also known as powered mobile plant
• where there are structural alterations that require temporary support to prevent collapse
• in an area where there are artificial extremes of temperature
• on or near energised electrical installations or services
• involving a trench or shaft more than 1.5 m deep
• on or near pressurised gas distribution mains or piping
• involving demolition
• involving a confined space
• on or near chemical, fuel or refrigerant lines
• involving tilt-up or precast concrete
• on telecommunications towers
• involving diving
• involving removal or disturbance of asbestos
• in an area that may have a contaminated or flammable atmosphere
• involving the use of explosives
• involving a tunnel.

Safe Work Method Statements

High-risk construction work must not take place without a Safe Work Method Statement (SWMS). A SWMS is a document that sets out the:

• high-risk construction work to be carried out at a workplace
• hazards arising from the work
• risks to employees and the public
• measures to be put in place to control the risks
• how the measures will be applied.

If there is a risk to anybody's health or safety, employers and self-employed people must not perform high-risk construction work unless:

• a SWMS is prepared for the work before the work starts, and
• the work is performed in line with the SWMS.

A SWMS must be set out and expressed in a way that is easy for users to access and understand.

Examples of when a SWMS must be prepared for high-risk construction work involving TTM include:

• road construction work
• excavation of a trench or shaft in a road
• mobile crane set-up and operation to install pre-cast concrete panels from the road
• the use of scaffolds close to a road.

A SWMS for high-risk construction work involving TTM might identify a variety of hazards and risks. These include risks:

• to employees doing traffic management activities
• to employees being protected by the traffic management control measures
• to pedestrians and motorists
• associated with any plant set up and operated on the construction site or road reserve.

The SWMS should include information about any traffic management plan in place.

You must not do or require anybody else to do high-risk construction work unless a SWMS has been prepared.

Consult with employees and any HSRs when developing the SWMS.