WHS LegislationDesigner Duties

Relating to Structuresin NSW

Ted Walsh – Peter Robinson – Chris Turner

Outcomes for the day

Progress update – harmonised laws

Key areas of design changes for NSW

Implementation and support

How is the change occurring?

Safe Work Australia

Act, Regulations, Priority Codes of Practice

State by State

1 January 2012

Key changes for NSW under the WHS Act

• Duty holders

• PCBU replaces employer

• Worker replaces employee

• Officers and due diligence

• Reasonably practicable

• Consultation

• Design Duties

• Supporting Codes of Practice

Duty Holders

Person conducting a business or undertaking PCBU

• Whether the person conducts the business or undertaking alone or with others.

• Wether for profit or gain

A person is a Worker if the person carries out work in any capacity for a PCBU

• Employee

• Contractor

• Outworker

• Volunteer, Student gaining work experience

• Apprentice or Trainee

Consultation

Principles of duties

Non-transferable A person can have more than one duty

More than one person can have the same duty

Management of risks by elimination or control

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Principles of duties

• In the process of designing structures it will not always be possible to clearly delineate who has responsibility, and in which circumstances, for the elimination or minimisation of hazards associated with the structure. The duties may be concurrent and overlapping.

• While designers may not have management and control over the actual construction work they can discharge their duty by consulting, co-operating and co-ordinating activities, where reasonably practicable, with those who do have management or control of the construction work.

Officer

The WHS Act places duties on ‘officers’ of a PCBU. Officers are defined as anyone who is an officer under section 9 of the Corporations Act 2001 (Commonwealth). This includes “A person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking”.• Examples of officers include (but are not limited to): • Chief Executive Officer• Company Directors Chief Financial Officer

OfficerOfficers are required to exercise ‘due diligence’ to ensure that the PCBU meets its health and safety duties.

• An officer of a corporation who is a volunteer must exercise due diligence but cannot be prosecuted for not complying with the requirements of an officer.

Due Diligence

Nature of operations risks

and hazards

Knowledge health and

safety matters

Timely response to

incidents and issues

Legal compliance

Resources and processes

Reasonably Practicable

Reasonably Practicable

Likelihood

SeriousnessWhat you ought to

know

Availability or suitability

Reasonably PracticableDeciding what is ‘reasonably practicable’ requires taking into account and weighing up all relevant matters including:

• the likelihood of the hazard or the risk occurring

• the degree of harm that might result from the hazard or the risk

• knowledge about the hazard or risk, and ways of eliminating or minimising the risk

• the availability and suitability of ways to eliminate or minimise the risk, and

• after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

For example, in deciding what is reasonably practicable, consideration will be given to the prevailing standards of design and the hazards and risks known at the time the designer designed the structure.

Designer Duties under the ActThe WHS Act requires the designer to ensure, so far as is reasonably practicable, that a structure is designed to be without risks to the health and safety of persons who:

• use the structure for a purpose for which it was designed

• construct the structure at a workplace

• carry out any reasonably foreseeable activity at a workplace in relation the manufacture, assembly, use, proper demolition or disposal of the structure, or

• are at or in the vicinity of a workplace and are exposed to the structure or whose health and safety may be affected by an activity related to the structure.

Making Workplaces Safer

• The new WHS laws say designers need to address WHS issues when they are designing workplaces and that buildings and structures must be safe for the purpose for which they are designed

• Safety must be built into design for every stage eg• Site establishment; • Construction process;• Use as a workplace; • Maintenance and repair; • Refurbishment, renovation and extension; and • Demolition, recycling and removal

Consultation

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Consultation mechanisms

Health and Safety Representatives (HSR)

Health and Safety Committees

Other arrangements

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Chapter 1 – Preliminary

Chapter 2 – Representation and participation

Chapter 3 – General risk and workplace management

Chapter 4 – Hazardous work

Chapter 5 – Plant & structures

Chapter 6 – Construction

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WHS Regulation - chapters

Chapter 7 – Hazardous chemicals

Chapter 8 – Asbestos

Chapter 9 – Major hazard facilities

Chapter 10 – Mines

Chapter 11- General

Schedules

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WHS Regulation - chapters

General Risk and Workplace Management Chapter 3

Managing risks to health and safety

• Identify hazards

• Manage risks – eliminate or minimise

• Hierarchy of control measures (maintenance and review)

In the same way that designers consider the future impact of a building on environmental sustainability, designers should consider how their design will affect the health and safety of those who will interact with the structure throughout its life

Hazardous Work Chapter 4

Managing risks to health and safety

• Noise

• Manual Tasks

• Confined Spaces

• Falls (general)

• High Risk work

• Demolition

• Electrical

• Diving

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Worker noise exposure not to exceed the exposure standard

NEW!!!Audiometric testing –

3 months / 2 years

NOISE

Duties for Designers, Manufacturers, Importers and Suppliers of plant

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Designers and manufactures of plant must provide information about:•noise emission values.•operating conditions of the plant where noise emission is to be measured.The methods the designer/ manufacture has used to measure the noise emissions.

Noise

Confined Spaces

Falls

• A PCBU must ensure, so far as reasonable and practicable, ensure that any work involving the risks of falls is carried out on the ground or a solid object.

• If not reasonably practicable for the PCBU to eliminate the risk the PCBU must minimise the risk. • Secure fence• Edge protectionWorking platforms

Electrical

A PCBU carrying out construction work must comply with the AS/NZS 3012:2010 Electrical installations: Construction & demolition sites. This standard is relevant to electrical installations and electrical equipment used for construction work. This will apply instead of Code of Practice – Electrical practices for construction work

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Overhead and underground electrical services

Plant Chapter 5

Managing risks to health and safety related to plant• Design• Manufacture• Importation • Supply• Install & Construct• Guarding Roll over protection• Lasers • Industrial robots• Scaffold• Item and Design registration

PCBUs who:• design, manufacture• import, supply• install, construct or commission• manage or controlplant or structures have dutiesunder the WHS Regulations

Plant and Structures

Construction Chapter 6

Managing risks to health and safety

• Definition

• Design

• Safe Work Method Statements

• Principal Contractor

• Inductions

• Duties of Workers

Definitions Relating to Construction

Construction:

Any work relating to the construction, alteration, conversion, fit-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure

Structure:

WHS Act s4: anything that is constructed; whether fixed, moveable, temporary or permanent.

High Risk Construction Work

High risk construction work means work that:

• Where a person can fall more than two (2) metres, or

• Is carried out on a telecommunications tower, or

• Involves demolition of an element of a structure that is load bearing, or

• Where there is the risk of disturbing asbestos, or

• Involves structural work that requires temporary support, or

High Risk Construction Work

High risk construction work means work that:

• Is carried out in or near a confined space, or

• Is carried out in or near shaft trench > 1.5 or tunnel , or

• Involves the use of explosives, or

• Is carried out in or near pressurised gas mains or piping, chemical or refrigerant lines

• Is carried out in or near energised electrical installations or services, or

High Risk Construction WorkHigh risk construction work means work that :

• Is carried out in an area that may have a contaminated or flammable atmosphere, or

• Involves tilt up or precast concrete, or

• 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, or

• Is carried out in an area at a workplace in which there is any movement of powered mobile plant, or

High Risk Construction Work

High risk construction work means work that:

• Is carried out in an area in which there are artificial extremes of temperature, or

• is carried out in or near water or other liquid that involves a risk of drowning, or

• Involves diving work.

Construction Work DesignDesign Duties

• New duties for designers of structures

• Designer Safety Report - identifies hazards and risks to health and safety of workers

• Designer and PCBU commissioning project consult in preparing report

• Design Safety Report to be provided to PCBU commissioning the construction project

Design Safety ReportMust specify:

• the hazards relating to the design of the structure

• the risks to health and safety to persons who carry out construction work on the structure

• the hazards associated only with the particular design of the specific structure

This includes when construction work occurs during any stage of the life cycle of the structure

Knowledge and capability

In addition to core design capabilities relevant to the designer’s role, a designer should also have:• knowledge of work health and safety legislation, codes of practice

and other regulatory requirements• an understanding of the intended purpose of the structure • knowledge of risk management processes• knowledge of technical design standards• an appreciation of construction methods and their impact on the

design • the ability to source and apply relevant data on human dimensions,

capacities and behaviours.

Client to consult with Designer

Client must consult with the designer about how to ensure risks arising from the design during construction work are:

• Eliminated, so far as is reasonably practicable, or

• Minimised, so far as is reasonably practicable

Client must give the designer information regarding hazards and risks

Client to consult with Designer cont• Ensuring that designers know the purpose for which the

building or structure is intended

• Providing any health and safety-related information that they have about the proposed uses/workplaces in the building/structure

• Consulting with the designers on their methods of designing out occupational risks related to the building in construction, occupation and demolition

• Providing any site investigation report information eg site above and below ground services, surrounding structures, geotechnical reports etc

• By consulting on proposed construction techniques

Client to consult with Designer cont

• Identifying industry issues that may affect the building or structure during its lifecycle including cleaning and maintenance

• Providing an analysis of hazard and incident information relevant to the proposed workplace

• Identifying and targeting WHS risks that they want addressed in the design stage

• Ensuring that the designer has access to a ‘user group’ for the building or structure

• Consulting systematically with the designer to enable the development of design options which enables to the designer to meet both WHS requirements and client needs

Safety in Design ChecklistHealth and Safety Considerations’ of the Draft Code of Practice Safe Design of Buildings and Structures Safe Work Australia Contains the following items:

• Electrical Safety;

• Fire and Emergencies;

• Movement of People and Materials;

• Radiation;

• Working Environment;

• Plant;

• Amenities and Facilities;

• Earthworks;

Safety in Design ChecklistHealth and Safety Considerations’ of the Draft Code of Practice Safe Design of Buildings and Structures Safe Work Australia Contains the following items cont:

• Structural Safety;

• Manual Handling;

• Substances;

• Falls Prevention;

• Noise Exposure ;

Designers can combine their design experience with the suggestions from the Draft Code of Practice and other design reference documents to develop their WHS design system

References Available

• Draft Code of Practice Safe Design of Buildings and Structures Safe Work Australia

• Safe Design of Buildings and Structures WorkCover NSW

• CHAIR Safety in Design Tool WorkCover NSW

• Designing Safer Buildings and Structures WorkSafe Victoria

• Safe Design for Engineering Students

• Urban Development Institute of Australia (UDIA) Designer’s Safety Report Template

• Work Health and Safety Act 2011 Sections 22, 23, 24 and 26

• Work Health and Safety Regulation 2011 Clauses 202, 294, 295 and 296

• WorkCover Fact Sheet Designers of Structures

WHS Legislative update - CodesThe following 11 model Codes of Practice have been approved by

Safe Work Australia members and the Ministerial Council.

How to Manage Work Health and Safety RisksHazardous Manual TasksManaging the Risks of Falls at WorkplacesLabelling of Workplace Hazardous ChemicalsPreparation of Material Safety Data Sheets for Hazardous ChemicalsConfined SpacesManaging and Preventing Hearing Loss at WorkManaging the Work Environment and FacilitiesWork Health and Safety Consultation Cooperation and Coordination.How to Safely Remove AsbestosHow to Manage and Control Asbestos in the Workplace

WHS Legislative update - CodesThe following 12 model codes of practice have been endorsed by Safe Work Australia Members and are ready for endorsement by the Ministerial Council: First aid in the workplace Construction work Preventing falls in housing construction Managing electrical risks at the workplace Managing risks of hazardous chemicals Managing risks of plant in the workplace Safe design of structures Excavation work Demolition work Spray painting and powder coating Abrasive blasting Welding processes

WHS Legislative update - CodesThe following model codes of practice have been released for Public Comment which will close on the Friday 22 June 2012 5:00pm AEST

Safe Design Manufacture Import and Supply of PlantWorking in the Vicinity of Overhead and Underground Electrical LinesScaffolding WorkForm work and FalseworkTraffic Management in the Workplace

WHS Legislative update - CodesThe following set of guides have been developed in support of the draft Code of Practice for Traffic Management in Workplaces. Its excpected they will be released later in 2012.Traffic Management Guide –Construction WorkTraffic Management Guide – EventsTraffic Management Guide – Shopping Traffic Management Guide -Warehousing

WHS Legislative update - CodesThe following Industry Codes of Practice are revoked .

Storage and Handling of Dangerous GoodsFaçade RetentionNoise Management and Protection of Hearing at WorkLabelling of Workplace SubstancesControl of Workplace Hazardous SubstanceElectrical Practices for Construction WorkMono-Stand Post Tensioning of Concrete BuildingsOHS ConsultationWorkplace AmenitiesRisk ManagementLow Voltage Electrical WorkPreparation of Material Safety data Sheets.

Implementation and Support

• You can request a presentation or workshop from WorkCover

• Contact your industry / employee association for information / training (grant recipients)

• View pre-recorded webinars on the WorkCover website

• Register to participate in a live webinar

• Subscribe to WorkCover’s e-News

• Access fact sheets and general information via WorkCover website

• Access topic specific audio power point slide shows

More Information

• WorkCover websitewww.workcover.nsw.gov.au

• WorkCover Assistance Service13 10 50

• Email enquirycontact@workcover.nsw.gov.au

• Safe Work Australia websitewww.safeworkaustralia.gov.au

WorkCover Assistance Service 13 10 50 WorkCover Publications Hotline 1300 799 003

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