We are thrilled to be working with some fantastic clients who are as passionate about safety as we are. Here are just a few of the clients we have been working with over the past couple of months:

Mackillop College, Our Action OHS Consultant team have been reviewing the Traffic Management Plan at MacKillop College, Werribee. It’s been great to see the existing level of control measures already in place, including engagement from the staff to supervise and guide safe behaviour, and the consideration of one-way traffic and speed limits applied for school drop-offs and pick-ups to keep students and staff safe.

FTA Food Solutions, We have been partnering with FTA Foods and HSK Ward McKenzie Group to implement an Occupational Health and Safety Manual, the Safety Champion safety management software, and to enhance the existing Traffic Management Plans internally and externally onsite. It’s great to work with such a motivated and engaged team who are passionate about continuous improvement in safety.

Breitling, We have been working with Breitling, one of the best-known watch brands in the world to facilitate an on-site risk assessment on the use, handling and storage of chemicals. It’s been great to see positive participation and contributions from stakeholders to achieve a good outcome.

The Showerman, The Action OHS Consulting team have been working with The Showerman to provide an initial review of the business’s safety practices, which included a review of their new warehouse and a day spent with their trades on the tools. We are looking forward to providing the team ongoing support in their safety journey.

We have started 2023 off strong, providing OHS support to a range of clients from across a broad range of industries. Here are just a few of the clients we have been working with:

TechMedia logo

TechMedia, an Australian company that focuses on providing innovative solutions for the digital and connected signage markets. We have been working to refresh their safety management system, and support TechMedia’s build and installation of the Safety Champion health and safety software.

Eastern Child Care Services, who provide a great service for parents who cannot access out-of-home childcare. The business enrolled in the free WorkSafe OHS Essentials program to get a health check of their health and safety management systems. Working with Eastern Childcare Services, we have identified some opportunities to improve, simplify and streamline safety, integrating it into their day to day operations.

Chisholm, a premier public vocational education and training provider, engaged us to assess first aid risks associated with their operations on Chisholm campuses.

Joval Group, We recently visited and conducted audits at Joval Group’s newly acquired Rising Vineyard near St Andrews, the Bam Wine Logistics Distribution Centre in Dandenong South, and their support office in Abbotsford. It was fascinating to see all levels of the family company’s operations and assist them in identifying areas for continuous improvement to their safety management systems and processes.

Kagome, We recently delivered two great workshops. One program focused on the roles and responsibilities of senior managers including due diligence. The other program was facilitated with managers and supervisors, building their skills and knowledge to support the management of people and safety.

Have you recently received a notice from the safety inspector? Or have you been made aware that the safety inspector intends to visit your workplace?

If you are a workplace manager, it is essential to understand the role of the safety inspector, why and how they issue safety notices, the types of safety notices and how people in your workplace need to support and manage the visit.

What is a safety inspector?

A safety inspector is a representative of a state’s health and safety regulator, whose job is to monitor and enforce compliance with health and safety legislation in the workplace, with the goal of reducing incidents and keeping workers safe.

In addition to the power to enter a workplace, regulators also have the power to enforce compliance through the issuance of notices. They include infringement notices, prohibition notices, improvement notices, and non-disturbance notices. The intention of these notices is to provide regulators with a more efficient way to encourage compliance than going through the court system.

Most notices are issued without penalty. So this means if you are issued a notice, an offence is not recorded. Financial penalties apply when you receive an infringement notice or what is sometimes referred to as an ‘on-the-spot-fine”.

Safety inspectors have the right to enter any workplace, with or without notice, to observe and comment on workplace operations and practices. Workplaces should be prepared for a visit from a safety inspector and should ensure they understand why the inspector is visiting, how to respond, and how to manage the visit. It’s important to ensure that the inspector is treated respectfully, is given an induction, accompanied by a responsible member of staff, and provided with a space to work if necessary.

If you are dealing with the inspector, it helps to be concise, listen to, directly answer any questions, and not attempt to hinder the inspection. For further information please see the previous article When the Safety Inspector Comes Knocking…

What sort of notice has been issued?

Non-disturbance Notice

These are issued and require immediate actions to ensure a site, work zone, plant or substance are not disturbed. These notices are usually put in place to give the regulator time to investigate an incident site or serious contravention of the Act.

Infringement Notice

An on-the-spot fine may be issued by an inspector if they believe, on reasonable grounds, that a person is committing or has committed an infringement notice offence under the legislation. These on-the-spot fines may be issued to an organisation, individual or both.

Prohibition Notice

A written notice requiring a person and essentially the organisation to stop performing a task that presents an immediate or imminent risk until the hazards or associated causes are rectified. It can include the operation of certain plant and or working in an unsafe area.

Improvement Notice

A written notice requesting a person and the organisation to take action to manage a breach of the Act in a particular timeframe.

What should a business or organisation do if the inspector is talking about or issuing a safety notice?

Negotiate before any notices are issued

If an inspector is discussing or issuing a Notice, the organisation can respectfully negotiate before a notice is issued. You may be able to comply with the contravention voluntarily.

To effectively do this you will need to ensure you have people on site who can negotiate with the regulator; this means someone who can offer with confidence to voluntarily comply with and remedy the inspector’s concerns. They will need to have the authority and knowledge to provide and implement appropriate resources.

If you are negotiating do not over promise, the time taken to find, review, obtain and implement new controls can be longer than you first plan.

Don’t worry if you didn’t get a chance to negotiate on the day or the inspector was not convinced the contravention would be managed voluntarily, once the notice is issued you will have the ability to comply or apply for an internal review of the inspector’s decision.

When a notice is issued

There are key steps to take once an inspector has issued a notice.

Check the Notice

The organisation should take the time to read the notice and the accompanying entry report to make sure they agree with the contravention of the identified Act, any further information included and the timeframes to comply. If you are unsure of any of the information contained or there are errors in the notice you can request clarification from the inspector and or seek expert safety and legal advice.

A few points to consider when reviewing the notice:

• It is important to ensure an appropriate representative of the organisation has been issued with the notice. You can request to have this changed by the inspector if required.
• Check the type of notice; prohibition notices require something to cease immediately until the hazard is controlled, whereas, an improvement notice allows the day to day operation to continue while controls are implemented within a specific timeframe.
• Check the compliance date or any other relevant dates.
• Check the information in the notice including the details of the contravention.
• Don’t start implementing the recommended controls until you have thoroughly reviewed them. Read below about regulator recommendations.
• Review the recommendations but understand it is not an offence to implement different controls, if you implement different controls you will need to show you have taken reasonable steps to comply with the requirements of legislation.
• Consult with the workers and any other relevant people, this may be suppliers and industry experts.

Requesting Changes

The inspector can make minor changes to the notice. There is no hard and fast rule as to what a minor change is, so it is always best discuss requests with the inspector first.

If significant changes are required, you will have to apply to the authority for an Internal Review. Each jurisdiction has their own timeframes and process for internal review of inspector’s decisions.

Internal Review Process

Often you will have to request the review within two weeks of receiving the notice, however most regulators will accept reviews later if there is an acceptable reason to do so.

You may also have to apply for a ‘Stay’ this means the notice is put on hold until the review decision is made, some regulators will automatically apply a stay if the compliance date is expected before a decision date.

The Internal Review Officer will seek the views of the inspector before making a decision, so it is best if they are informed of your application and have enough information to affirm the contravention will be managed appropriately with the changes being requested. If you are seeking an extension of time they will want to know interim controls are in place to mitigate the current hazard.

In practical terms this means speaking directly to the inspector, so they know what you are looking to request in the review, it is much easier to have agreement from the inspector before officially requesting an internal review.

Benefits of an internal review

• improved outcome
• more reasonable time to comply with the notice.
• notices issued to the correct person to represent the organisation.

Display the Notice

You must bring the notice to the attention of those people who’s work is affected by the notice and their Health and Safety Representatives. In practical terms this means displaying the notice in the area where the work is undertaken, in addition it should be displayed on the safety notice board or even a copy provided to each person either in hard copy or electronically.

Implement Controls

Ultimately the organisation needs to act to remedy the contravention as the regulator will be back to confirm reasonable actions have been taken to satisfy their concern.

Whether you have had a notice issued or have made a voluntary agreement to rectify a breach, the inspector will need to ensure you have complied.

Depending on the controls required, you may be able to email the inspector evidence of controls being implemented, they may choose to close out the improvement notice remotely for some instances. Don’t wait to the last minute, keep the inspector informed of your progress or any delays.

When they attend site to review compliance, the regulator will be looking for evidence that you have controlled the hazard as far as reasonably practicable based on the initial observation. They will inspect controls implemented, relevant documents, including any evidence of consultation with workers and may request to speak to affected employees or management representatives.

The inspector will make a decision on the compliance of the notice or voluntary agreement. If the inspector determines the notice or breach has been complied with, it will be documented in the entry report provided on the day.

Failing to comply with a notice

If an inspector determines that an organisation has not resolved a compliance issue, the organisation may face additional improvement notices or even prosecution. Both the organisation and individuals associated with it may be held liable for failing to comply with a notice, and may be subject to penalties. It’s important to note that even if an organisation fully complies with a notice, they may still be investigated and prosecuted by the regulator for the underlying violation. Organisations should not ignore a notice and must either challenge it or comply with its requirements. Compliance with a notice does not guarantee compliance with the relevant legislation.

In conclusion, it’s essential for organisations to be aware of the different types of notices that can be issued by regulators, how to respond when an inspector visits and to take the appropriate steps to comply with them. By negotiating before a notice is issued, displaying the notice, reviewing the notice carefully, and implementing controls, organisations can ensure that they are in compliance with the regulations and avoid any potential penalties.

If you have any questions regarding what to do if the safety inspector issues a notice, or require assistance in meeting your health and safety duties and obligations, please do not hesitate to Contact Us.

Safe Work Australia

Latest news and updates from Safe Work Australia:

Model Code of Practice: Managing psychosocial hazards at work 

Safe Work Australia has published its model code of practice Managing psychosocial hazards at work. This model Code of Practice provides practical guidance to PCBUs on how to manage psychosocial hazards at work.

Under WHS laws, PCBUs must eliminate or minimise psychosocial risks so far as is reasonably practicable.

To have legal effect in a jurisdiction, the model Code of Practice must be approved as a code of practice in that jurisdiction. Check with your WHS regulator to find out if this Code of Practice has legal effect in your jurisdiction.

Report: Australian workers’ understanding of workers’ compensation systems

As part of the National Return to Work Strategy 2020-2030, Safe Work Australia commissioned an independent research report by the The Behaviour Change Collaborative, who partnered with the Collaboration for Evidence Research and Impact in Public Health at Curtin University.

The report explores how workers access and understand information about workers’ compensation. Read more here.

Guide to managing risks of industrial rope access systems

If you work at heights and use an industrial rope access system (IRAS), you must know your duties as a person conducting a business or undertaking (PCBU) and understand how to identify, manage and monitor the risks of using such a system. This recently published guide provides this information.

ACT

OHS Codes of Practice: https://www.worksafe.act.gov.au/laws-and-compliance/codes-of-practice 

NSW

Mental Health at Work Regional Resource Kit 

Regional workplaces face unique challenges that can increase the risk of work-related stress and impact mental health. The new regional resource kit includes tailored advice for regional and rural NSW business owners to address factors such as natural disasters, limited access to support services, and labour shortages. View the NSW Regional Resource Kit.

NT

OHS Codes of Practice: https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice

QLD

Work health and safety consultation, cooperation and coordination Code of Practice 2021 changes

Following the 2018 review of the model work health and safety (WHS) laws, Safe Work Australia (SWA) has been working with SWA members to implement the recommendations.

Recommendations 6, 7a and 11 required changes to the Model Code of Practice: Work Health and Safety Consultation Cooperation and Coordination. SWA published the revised code of practice in March 2022 after consulting with SWA members.

Queensland has now updated the Work health and safety consultation, cooperation and coordination Code of Practice 2021 (PDF, 0.49 MB) to reflect the model code of practice. The changes are not substantive policy changes. Changes include adding examples and clarifications to assist industry.

SA

OHS Codes of Practice: https://www.safework.sa.gov.au/resources/codes-of-practice

VIC

WorkWell Toolkit for small business

WorkSafe Victoria has partnered with Work Well and Business Victoria to launch the WorkWell Mental Health Toolkit for small business.

The WorkWell Toolkit contains practical ideas, tips, tools and good practice suggestions to help employers prevent mental injuries in their workplace. There’s no login and no fee. It’s a free resource designed by OHS and mental health specialists and tailored for all business sizes, with a focus on small business.

WA

New codes of practice released

Following the introduction of new work health and safety laws in WA in March 2022, a series of work health and safety codes of practice came into effect in WA in July.

These codes have been adapted for Western Australian work health and safety environments from the Model codes of practice published by Safe Work Australia, developed through consultation with unions and employer organisations.

The codes increased the guidance available for ensuring safe workplaces and increasing consistency in safety regulation between the Western Australian and national regulatory environments.

The codes a wide range of activities such as abrasive blasting, how to safely remove asbestos, First Aid in the Workplace, and managing the risk of falls. For further information go to the full list of approved codes of practice on the Commerce WA website.

Workplace safety regulations are changing and just like physical hazards, psychological safety hazards must now be identified, risk assessed and controlled.

In line with national mental health initiatives and a nation-wide emphasis on psychosocial hazards in the workplace, it’s a timely reminder for organisations to assess and strengthen their psychosocial hazard controls, and consider:

• Do you have adequate controls in place to eliminate or reduce the risk of psychosocial hazards?  
• Do you have mechanisms to report, capture data and monitor trends?

Psychosocial hazards explained

Did you know, exposure to psychosocial hazards can cause psychological and physical injury? This is why psychological and physical risk and hazards should be treated equally. Research suggests psychological injuries usually result in longer time away from the workplace and can attract higher costs than the average physical injury.

A psychosocial hazard is anything that may increase the risk of work-related stress. Safe Work Australia determines common psychosocial hazards to include:

• High or Low job demands and/or control
• Bullying and harassment including sexual harassment
• Violence, and aggression
• Poor support
• Lack of role clarity
• Poor organisational change management
• Inadequate reward and recognition
• Conflict or poor workplace relationships and interactions
• Poor psychical environment
• Traumatic events or content
• Remote or isolated work
• Poor organisational justice

Source: Safe Work Australia.

Psychosocial safety management in practice

Take a risk-based approach to psychosocial hazards and start to forward plan through prevention plans, implementation controls and consultation actions. Where reasonably practical, eliminate or reduce the risk of psychosocial hazards by identifying systems of work and controls that will build knowledge and create a psychologically safe culture for all employees. If you have started to return to the workplace, take the opportunity to review job demands and have open conversations with employees.

National Mental Health Month and other initiatives

In addition to being Safe Work Month, October is also Mental Health Month. It’s an extension of national Mental Health Day (10 October) that promotes awareness and community engagement around the importance of mental health towards overall wellbeing.

WorkSafe Victoria reported in their Mental Health Strategy that:

• Nearly one in six Australian workers will experience significant level of mental ill health in a four-week period
• 1 in 5 Australians experience a mental health condition in any given year
• 45% of Australians will experience a mental health condition in their lifetime
• Each year 2 in 5 Australians report they have left a job because of a poor mental health environment

Proposed Occupational Health and Safety Amendment (Psychological Health) regulations

Keep your eye out in Victoria for the proposed Occupational Health and Safety Amendment (Psychological Health) Regulations. The amendment looks to strengthen the existing OHS framework and recognise the significance of psychosocial hazards and risks.

There are also several Australia-wide and state-based resources and publications available to support managing psychosocial risks

We are here to help

As a multi-disciplined occupational health and safety consultancy, Action OHS Consulting has an expert team of specialists with a broad range of workplace expertise. As a person-centred and business-focused organisation, we can help you assess any issue, and develop your knowledge to better understand and to support you resolve some of the issues mentioned. Issues that may be contributing to all aspects of your workplace and your business and that impact the physical and psychosocial health and safety of you and your people.

The Action OHS Consulting team have been working on a range of projects all with very different clients who have their own individual safety needs. Here is a taste of what we’ve been working on:

• Phil Neville has been working with Self Storage Association of Australasia (SSAA), a peak industry body, to support the development of easy-to-understand online safety training modules for their members.

• Christine Henaghan has been working with Egans Asset Management, a removal and storage service, to conduct risk assessments and review and update Safe Work Method Statements to manage their high-risk works. The team have put in place a traffic management plan and are now working towards electing health and safety representatives, first aid officers and fire wardens, to enhance their consultation, communication and emergency preparedness.

• In NSW, Phil McLean has been assisting the Raptor Recovery Australia team (the largest free flight centre for birds of prey in the Southern Hemisphere). They do fantastic work rescuing and rehabilitating sick, injured or orphaned Australian birds of prey with the goal of releasing the birds back to the wild. We have been working to update their risk assessments and WHS training for staff and volunteers. You can support their great work raptorrecoveryaustralia.org/

• Janelle Corbett and Nick Watts have been providing support to a small business after a significant incident to close out improvement notices, conduct an investigation and continue to support injured workers. These times can be sone of the hardest for businesses, and we work with care and expertise to ensure they have the best support to be able to keep moving the business forward safely.

• Glenn Wilson has been working with Cricket Victoria, conducting risk assessments and creating a risk profile. This includes developing a risk register to document the identified risks, and the controls that can be used to mitigate the risk.

In May we were thrilled to bring team members from both Action OHS Consulting and Safety Champion Software together for the first time in a year for our Town Hall meeting, held in Melbourne.

It was a fantastic day and gave us the opportunity to celebrate our recent wins, reflect on our learnings and share opportunities for the next quarter.

There were a few new faces since our last Town Hall Meeting and it was great to finally meet our new team members.

We also had a few great opportunities to live out some of our core values on the day.

‘We are Customer Alert’

We were lucky enough to have a couple of our customers join us and provide the team with invaluable insights in our first ever Customer Panel.

‘We are Better Together’

The Design Jam session gave us the opportunity to brainstorm and contribute ideas for how we can all work more effectively, because we are always looking for ways to continuously improve.

‘We Go for Gold’

Everyone committed to their own three-month goal which will help us continue to deliver the highest quality products and services.

We all left feeling more connected and more aligned than ever and can’t wait until our next meeting in August!

Want to join our team?

Can you see yourself at one of our upcoming Town Hall Meetings? We have a number of vacancies available. Simply head to our careers page to see if something interests you. If you can’t find something that fits, reach out to us and let’s talk anyway. Email people@actionohs.com.au.

Safe Work Australia

Latest news and updates from Safe Work Australia:

National Safe Work Month 2022 – theme and campaign kit released

The theme for National Safe Work Month 2022 is Know safety, work safely – encouraging everyone to make health and safety in the workplace a priority. The official campaign launch is 1 October. View the campaign details and download the kit here.

New guidance: Japanese encephalitis: duties under the model WHS Laws

Japanese encephalitis has been detected in parts of South-Eastern Queensland, New South Wales, Northern Territory, Victoria and South Australia.

Japanese encephalitis spreads when a human is bitten by a mosquito that has previously bitten a pig or a wild water bird infected with the virus.

If your business or your workers are in an area where Japanese encephalitis is present, find out what you can do as a PCBU to minimise the risks associated with Japanese encephalitis and keep your workers safe.

View the guidance here.

New fact sheet: WHS Duties in a Contractual Chain

Safe Work Australia has published WHS information for PCBUs and workers who are working as part of a contractual chain.

The fact sheet provides an understanding of what a PCBU is and explains that an individual contractor can be both a PCBU and a worker. Understanding this will help PCBUs within a contractual chain uphold their WHS obligations and consult, cooperate and coordinate activities with all other PCBUs with whom they share a duty.

View the WHS Duties in a Contractual Chain fact sheet.

ACT

OHS Codes of Practice: https://www.worksafe.act.gov.au/laws-and-compliance/codes-of-practice

NSW

New standard: Scaffolding Industry Safety Standard launched to stop workplace deaths

There is a new Scaffolding Industry Safety Standard for work sites in NSW, which provides a clear guide to prevent scaffolding-related injuries and deaths.

The Safety Standard details practical management tools to principal contractors, scaffolders, engineers, and other parties involved in scaffolding work, ensuring best practice for the scaffolding industry.

View the scaffolding industry safety standard here.

NT

OHS Codes of Practice: https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice

QLD

New safety laws proposed for quad bikes and side-by-sides

The Queensland Government is investigating proposed new regulations to improve safety for people operating quad bikes and side-by-side vehicles (SSVs) in a workplace.

Feedback will guide the development of the proposed safety regulations under the Work Health and Safety Regulation 2011.

Read more about the proposed legislation here.

SA

OHS Codes of Practice: https://www.safework.sa.gov.au/resources/codes-of-practice

VIC

New Compliance Code: Lead

WorkSafe’s first Lead Compliance Code was released earlier this year and provides practical guidance for controlling risks associated with lead exposure in the workplace, including requirements for lead-risk work and lead processes.

Lead processes include working with lead, lead alloys and dry lead compounds, and can involve a range of activities, such as radiator repairs, dismantling lead-based batteries, working with lead-based paint, manufacturing ammunition and explosives, or working with pewter, lead pigments or ceramic glazes.

If your work involves lead processes or lead-risk work, you must comply with specific duties and obligations under the:

• Occupational Health and Safety Act 2004 (OHS Act)
• Occupational Health and Safety Regulations 2017 (OHS Regulations).

This guidance is particularly relevant if you are an employer or self-employed person who works with lead. It is also relevant for employees and health and safety representatives who work with lead.

The code includes information on:

• what lead is and how it gets into the body
• the health risks of working with lead
• how levels of lead in the body are measured
• what a lead process is
• what lead-risk work is
• duties for employers and employees
• how to control the risk of exposure to lead
• when health monitoring is required and what it involves

Learn more about the Compliance Code: Lead.

New duties for high risk crystalline silica work in force

Crystalline silica is contained in products such as engineered stone, ceramic tiles, concrete, bricks and marble. High-risk crystalline silica work can create hazardous dust which, if inhaled, can cause deadly lung and respiratory diseases, such as silicosis.

Under the changes, businesses working with silica must now identify and document high-risk crystalline silica work and the risk control measures they have in place.

The new duties took effect from 15 May and will affect businesses in a range of industries, including quarrying, construction and tunnelling.

Employers are now also required to provide safety training and instruction to any employees and information to any job applicants who may engage in high-risk crystalline silica work.

Read more about the new duties here.

WA

OHS Codes of Practice: https://www.commerce.wa.gov.au/worksafe/approved-codes-practice

October marks National Safe Work Month, when Australian businesses, workers and employers are asked to commit to building a safe and healthy workplace.

The theme for 2022 is Know safety, work safely – encouraging everyone to make health and safety in the workplace a priority.

It’s a great time for everyone in your business to focus on your safety program – what’s working, what’s not and what are the opportunities? But it doesn’t all have to be serious because it’s also a time to celebrate and have fun!

If there is one thing we have learnt providing safety services over the past 10 years, it’s that people are capable of amazing things once they have some direction on how to bring their safety practices to life. So, here are our top five tips for a successful Safe Work Month:

1. Plan

We all know that a goal without a plan is just a wish. Start a conversation with your teams and develop a schedule. Starting now will allow you to build excitement. Put up some signage. Get talking!

2. Listen (…then talk) Identify ways to interact with key stakeholders.

For workers, schedule a Safety Month event – morning teas and BBQs are often well attended; otherwise, you can incorporate into an existing team meeting. You might  ask: “What opportunities are there for us to improve our  safety, or the safety of our customers?” – then listen (and take notes).

Reach out to clients via a survey (online or at reception). Ask them to rate your approach to safety. For example “How would you score us for safety, given our past interactions?”. Give them an opportunity to provide comments.

3. Do

Safe Work Month is a great time to schedule safety activities. You could:

• Review your Safety Manual (and documents). Does it reflect the work you do? Yes – *Tick*. No – You need to decide: (i) Do you update the document to reflect the work? Or (ii) Do you change the work to reflect the document? Or (iii) Can you take a little bit from column A and a little bit from column B.

• Safety Walk-through Inspection – is signage, line marking, lighting, walkways, and equipment in good condition? When you look actively, you will see things that you miss when you look passively.

• In a group, make a list of the ‘things’ that could injure workers and/or customers. Once created – note down the things you are doing to prevent the injuries. Is there more that you could, or should do?

• Schedule annual training or communications – for example, re-inductions for workers and/or contractors.

4. Upskill

Safe Work Australia and your state regulator (one of: WorkSafe, SafeWork, WorkCover) will have a calendar of events during Safe Work Month. ‘Look’ and ‘Book’ now – the earlier the better!

5. Search for ways that you can make safety a part of your business as usual.

Cloud-based platforms such as Safety Champion Software have taken off over the past two years, and allow you to schedule, report and track your safety activity.

Get started with your National Safe Work Month planning and download Safe Work Australia’s National Safe Work Month Campaign Kit.

Planning on building new business premises or adding an extension to your current workplace?  Don’t forget your health and safety obligations.

Whether it’s a new office fit-out or creating extra space with an extension, if you are the person conducting a business or undertaking (PCBU), you are responsible for managing the risks to health and safety in all stages of the build. Yes, this means from project conception, design and construction, right up to decommissioning and demolition of the site.

It’s easier, and can be more cost effective, to carefully consider the health and safety risks during the planning and design phase. Otherwise, you may have to make changes later in the project when a risk becomes evident, possibly through an incident or injury.

Contractors who are engaged to complete the construction work will also need to consider risks to health and safety for the life of the project, and not just during the construction and commissioning phases.

When commissioning the construction of a commercial building, it’s also a requirement of Workplace Health and Safety (WHS) Regulations to work with the designer to identify potential health and safety risks. The objective is to identify risks that relate to the design which may occur during construction, and then seek to eliminate or minimise them.

The designer should also be made aware of any information relating to the site of the proposed commercial building that may create health and safety risks.  If the design requires any modifications, the designer should complete these changes. If you decide to make these modifications yourself, then you become responsible for the design duties by law.

When to engage a principal contractor

The cost of an extension or new build also determines your workplace health and safety duties. For example, there is a requirement to appoint a principal contractor for a construction project that costs $250,000 or more. This kind of construction work is deemed as high risk.

If you don’t appoint a principal contractor then you are responsible for the specific duties that a principal contractor must undertake. This means you must:

• display signs visible to outsiders that highlight your name, 24-hour phone numbers and location of the site office.
• prepare a work health and safety management plan before work commences, which includes:
  • the names, positions, and specific responsibilities of those with health and safety responsibilities
  • the arrangements for consultation, cooperation, and coordination of activities that you have with others who have work health and safety responsibilities at the site the arrangements in place should a health and safety incident arise
  • site-specific health and safety rules
  • the arrangements to ensure that everyone at the workplace is informed of those rules
  • the arrangements for the collection, assessment, monitoring and review of safe work method statements (SWMSs).

It pays to ask

There are likely to be significant benefits, in terms of avoiding a workplace injury, or having to spend large amounts of money to implement new controls or modify a design, if you ask the designers and builders the right questions very early on in the process. It’s also beneficial to have robust contractor management processes in place, such as contractor selection, evaluation, onboarding, management and evaluation.

So, if you are planning to extend or build a new commercial facility, careful consideration needs to be given to the legislative health and safety impacts of these works very early on to avoid costly re-work and, crucially, accident or injury.

For more advice and support on how to meet your legislative requirements and your specific workplace health and safety objectives, you can Contact Us.