The construction industry is one of Australia’s largest employers, with $360 billion revenue annually (around 9% of GDP) with over 1 million employees! Due to the size of the industry and the high risk nature of many construction tasks, construction workers face many safety hazards and unfortunately there is around one fatality per week throughout Australia in construction.

Businesses have the primary duty of care for construction site safety and providing adequate safety control measures. In this article we discuss some vital WHS requirements for construction work in Australia, including the WHS laws, codes of practice and other workplace safety issues to get your construction site running up and running safely.

Health and Safety Management Plans

Health and Safety Management Plans detail how various WHS obligations will be met. They are essentially a document that outlines how your company manages health and safety and how it provides a safe work environment. These plans are a legal requirement for principal contractors and construction projects worth over $250,000 (this figure differs in some states and territories), however even for companies who aren’t principal contractors on smaller jobs they can be very valuable.

Feel free to download our Free Health and Safety Management Plan Template.

There is some legislative guidance on what to include in the health and safety management plan, this includes:

• names, positions and health and safety responsibilities of all persons
• arrangements for consultation, cooperation and coordination
• managing any work health and safety incidents
• site-specific health and safety rules
• collection and any assessment monitoring and review of safe work method statements.

However, safety management plans usually include a lot more information including best practice for how training is managed, management of high risk work like plant operation, working at heights, confined spaces and traffic management as well as methods for monitoring and reviewing the WHS performance of the construction site.

If you need help with your safety management plan or general construction site safety, you can visit our Systems and Procedure Development page for more information. https://spiresafety.com.au/services/safety-consultancy/system-procedure-development/

Inductions for Construction Site Safety

Inductions are one of the most crucial WHS requirements for construction sites, with workers ideally undergoing two or three different inductions before being allowed to fully access and work on a construction site. The inductions may vary depending on the company or site however generally the inductions required for working on a construction site will be:

• General Construction Induction (white card / blue card)
• General Company Induction
• Site Specific Induction
• Task Specific Induction

General Construction Induction (white card / blue card)

This induction is legally required for anyone who wishes to work on a construction site. The general construction induction is completed via a registered training organization (RTO) either online or via face-to-face training.

General Company Induction

A general company induction is usually conducted when employees are first employed and includes topics such as the organization’s history, culture and overall WHS risk management procedures and rules regarding unsafe work practices.

Site Specific Induction

A site-specific induction must be completed before a worker commences work on site and usually covers site specific hazards and safety information like emergency procedures, hazardous areas and site safety rules.

Task Specific Induction

Task specific inductions are completed before new workers take part in a hazardous task. This induction is to provide practical guidance on how to complete a task. For example, before operating a piece of high risk plant the worker may be required to read and sign the SWMS before completing a familiarization of the safety risks with the piece of plant prior to commencing work.

High Risk Construction Work and SWMS

High Risk Construction Work is outlined in the WHS Regulations:

• involves a risk of a person falling more than 2 metres
• is carried out on a telecommunication tower
• involves demolition of an element of a structure that is loadbearing or otherwise related to the physical integrity of the structure
• involves, or is likely to involve, the disturbance of asbestos
• involves structural alterations or repairs that require temporary support to prevent collapse
• is carried out in or near a confined space
• is carried out in or near:
  • a shaft or trench with an excavated depth greater than 1.5 metres
  • a tunnel
• involves the use of explosives
• is carried out on or near pressurised gas distribution mains or piping
• is carried out on or near chemical, fuel or refrigerant lines
• is carried out on or near energised electrical installations or services
• is carried out in an area that may have a contaminated or flammable atmosphere
• involves tilt-up or precast concrete
• 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
• is carried out in an area at a workplace in which there is any movement of powered mobile plant
• is carried out in an area in which there are artificial extremes of temperature
• is carried out in or near water or other liquid that involves a risk of drowning
• involves diving work

A Safe Work Method Statement (SWMS) must be created and implemented for all high risk construction work. You can read our detailed guide A Comprehensive Guide To Safe Work Method Statements.

Contents of a Safe Work Method Statement

Legally, a SWMS must include the following:

• s(299)a WHS Regulations – Identify the work that is high risk construction work
• s(299)b WHS Regulations – Specify hazards relating to the high risk construction work and risks to health and safety associated with those hazards
• s(299)c WHS Regulations – Describe the measures to be implemented to control the risks
• s(299)c WHS Regulations – Describe how the control measures are to be implemented, monitored and reviewed

A SWMS must also “be prepared taking into account all relevant matters, including”:

• s(299)(3)a(i) WHS Regulations – Circumstances at the workplace that may affect the way in which the high risk construction work is carried out
• s(299)(3)a(ii) WHS Regulations – 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

The SWMS must also “be set out and expressed in a way that is readily accessible and understandable to persons who use it” – s(299)(3)b WHS Regulations.

Other Legal Requirements for SWMS

Other legal requirements for SWMS require that the PCBU (business / business owner) must:

• s(300)(1) WHS Regulations – Put in place arrangements for ensuring that high risk construction work is carried out in accordance with the safe work method statement
• s(300)(2) WHS Regulations – 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 stops and is only resumed in compliance with the SWMS.
• s(301) WHS Regulations – Provide the SWMS to the Principal Contractor (if relevant)
• s(302) WHS Regulations – Review the SWMS as necessary
• s(303) WHS Regulations – Keep the SWMS until the work is finished
• s(303) WHS Regulations – Keep the SWMS for 2 years if there is a notifiable incident
• s(303) WHS Regulations – Ensure workers have access to the SWMS (for the duration required under these regulations)

What About High-Risk Work on Site?

High Risk Work (NOT high risk construction work) is outlined within Schedule 3 of the harmonised WHS regulations and various tasks that are not construction industry specific. Many of these tasks involve the operation of plant, including:

• Scaffolding
• Demolition Work
• Rigging and Dogging
• Forklift Operation
• Vehicle Loading Crane Operation

The main legal requirement for High Risk Work is that workers must not complete the high-risk work unless they have the appropriate license (issued by the state regulator) for the task they are completing. There are a few exceptions for this rule, including when someone is enrolled in a training course for the relevant class of high risk work.

Specific WHS Requirements for Construction Work

There is a wealth of health and safety requirements for construction work and in this article we have explored a few of the man considerations. In addition to the ones we have discussed, WHS requirements for construction work can include:

• First Aid and Emergency Response
• Working at Heights, Fall Prevention and Falling Objects
• Confined Spaces
• Safe Use of Plant and Equipment
• Manual Handling
• Electrical Work
• Hazardous Chemicals
• Crystalline Silica
• Site Access, Parking and Site Security

If you are a principal contractor and are interested in the WHS requirements for construction work relating to principal contractors, please read our article on Principal Contractors and Their Legal Duties.

FAQs

What is the primary legislation governing WHS in construction in Australia?

The primary legislation is the model Work Health and Safety (WHS) Act, which is implemented at the state and territory level.

Who has WHS duties on a construction site?

Everyone on a construction site has WHS duties, including:

• Persons Conducting a Business or Undertaking (PCBU)
• Principal contractors
• Workers
• Designers of buildings or structures
• Manufacturers, importers, suppliers, and installers of plant, substances, or structures.

What are the key responsibilities of a PCBU in construction?

A PCBU must:

• Ensure the health and safety of workers and others at the workplace, so far as is reasonably practicable
• Consult with workers on health and safety matters
• Coordinate activities with other duty holders
• Ensure SWMS are in place for high risk construction work

How can workers ensure their own safety on a construction site?

Workers can ensure their safety by:

• Implementing Safe Work Method Statements (SWMS)
• Following the safety procedures and instructions provided
• Using personal protective equipment (PPE) as required
• Reporting any hazards or incidents to their supervisor.

Did You Know?

Did you know that the construction of the Golden Gate Bridge in the 1930s was a turning point for construction site safety? During its construction, chief engineer Joseph Strauss implemented some of the most advanced safety measures of the time. This included the use of a safety net suspended under the bridge, which saved the lives of 19 workers who became known as the “Halfway-to-Hell Club”. Prior to this, it was common for one worker to die for every million dollars spent on a major construction project. Strauss’s innovative approach significantly reduced fatalities and set new standards for safety in the construction industry.

Articles and Further Reading

• What is a PCBU (Spire Safety) <https://spiresafety.com.au/resources/what-is-a-pcbu/>
• High Risk Construction Work vs High Risk Work: The Difference (Spire Safety) <https://spiresafety.com.au/resources/high-risk-construction-work-vs-high-risk-work/>
• Construction (Safe Work Australia) <https://www.safeworkaustralia.gov.au/safety-topic/industry-and-business/construction>