Capital Insight Pty Ltd ABN 76 056 297 100 SYDNEY 61 2 9955 2300 MELBOURNE 61 3 9888 8853 BRISBANE 61 7 3002 7700 Capital Insight Work Health and Safety

Capital Insight Pty LtdABN 76 056 297 100

SYDNEY 61 2 9955 2300

MELBOURNE 61 3 9888 8853

BRISBANE 61 7 3002 7700

Capital Insight

Work Health and SafetyTraining Session

June 2012

Agenda

• WHS Harmonisation (implications)• Terminology and Definitions• Capital Insight WHS Roles

• Managing WHS for Projects– Managing Directly Appointed Service Providers– Safe Design– Construction– Roles and Responsibilities for Projects

• Questions: Capital Insight WHS Management Manual for Projects

WHS Harmonisation

WHS Harmonisation

Occupational Health and Safety (OHS)

Work Health and Safety (WHS)

Terminology

New legislation:

• Work Health and Safety Act 2011 (NSW) and the Work Health and Safety Regulation 2011 (NSW)

• Work Health and Safety Act 2011 (Queensland), and the Work Health and Safety Regulation 2011 (Queensland).

Both in force from 1 January 2012.

Terminology

What are the main implications?• Primary duty for the health and safety of workers

and others is expanded beyond employers , and duty is explicitly expanded beyond employees.

• Removal of reverse onus provisions (for NSW) from “duty of employer to ensure…” to “ eliminate risks to health and safety … as far as reasonably practicable.”

• New due diligence duties imposed on Officers.• Increases in penalties.

Terminology

Terminology

Then Now Duty Now

Employer Person Conducting a Business or Undertaking (PCBU)

reasonably practicable

Director/Manager Officer due diligence

Employees Workers reasonable care

OHS Representative

Health and Safety Representative (HSR)

various

A Person Conducting a Business or Undertaking (PCBU):• conducts a business or undertaking alone or with

others• can operate for profit or not-for-profit

The definition of a PCBU focuses on the work arrangements and the relationships to carry out the work. In addition to employers, a PCBU can be a corporation, an association, a partnership or sole trader. A volunteer organisation which employs any person to carry out work is also considered a PCBU.

Terminology

For example:

• for a construction site, the principal contractor is a PCBU

• for subcontractors and suppliers engaged directly by the client (to carry out site investigations, construction, fitout work or defects rectification work), the client is a PCBU

• for work activities conducted for Capital Insight by workers and service providers, Capital Insight is a PCBU.

Terminology

Terminology

Then Now Duty Now

Employer Person Conducting a Business or Undertaking (PCBU)

reasonably practicable

Director/Manager Officer due diligence

Employees Workers reasonable care

OHS Representative

Health and Safety Representative (HSR)

various

So, what does this mean

for Capital Insight??

Officer

An officer is a person who makes decisions, or participates in making decisions that affect the whole, or a substantial part, of a business or undertaking and has the capacity to significantly affect the financial standing of the business or undertaking.

An officer of a PCBU must exercise due diligence to ensure that the PCBU complies with its duties under the WHS legislation.

Worker

A worker is defined at Section 7 of the Work Health and Safety Act as anyone who carries out work for a PCBU, such as:• an employee• a contractor or sub-contractor• an employee of a contractor or sub-contractor• an employee of a labour hire company• an apprentice or trainee• a student gaining work experience• a volunteer.

Worker

A worker must:

• care for their own and others’ health and safety • comply with any reasonable instruction from the person

conducting a business or undertaking (PCBU), so far as you are reasonably able

• cooperate with all reasonable policies and procedures of the PCBU.

Worker

This means that Capital Insight staff must: • Comply with WHS requirements when attending the

offices of a client or provider• Comply with site safety rules when visiting site:

– register at the site office first– complete an induction, and/or– be escorted.

• Ensure arrangements for appropriate PPE to allow you to enter site (no exceptions)

• Report/escalate hazards and instances of unsafe work.

Day to day WHS questions/concerns....• Julie Bryan remains the Health and Safety

Representative (HSR)• Issues can also be escalated to a Director

Workplace injury/incident notification• Refer Personnel Policies Manual – “injuries must be

notified to a Director/Manager as soon as possible.”• HR will obtain a report to submit to workers

compensation insurer.

Questions??

Managing WHS for Projects• Managing Directly Appointed Service

Providers• Managing Design• Managing Construction• Project Planning - WHS Management Plans

Managing WHS for Projects

Managing Directly Appointed Service Providers

Capital Insight may directly appoint service providers to:• conduct site investigations• provide project planning or design services• provide other professional advisory services• provide project administration and support services.



Key Messages:

1. Capital Insight does not directly appoint contractors for construction work.



Key Messages:

2. Capital Insight staff (Project Manager / Project Director) must initially identify the WHS hazards and risks associated with each service provider appointment – giving consideration to the nature of the work, the work environment, and the level of supervision and control provided by Capital Insight and/or the client.



Key Messages:

3. Capital Insight staff must fulfill a duty of care by taking reasonable steps to monitor the service provider’s performance and WHS compliance.

Further, Capital Insight staff must respond to WHS non-compliance (ie. stop work, escalate to a Director).



Key Messages:

4. The standard pro-forma Capital Insight Consultancy Sub-contract is available on the staff intranet. It contains standard WHS provisions and must be used for direct appointment of service providers.

Any other terms of agreement are not to be used without the approval of a Capital Insight Company Director.



For work assessed as low risk:• There is no need to select service providers based on

WHS capabilities• There is no need to request a SWMS or WHS Plan or

policies• There is no need for Capital Insight to document or

implement additional WHS controls



Options for higher risk work:• Supervision• Evidence of induction• Service provider implements SWMS• Performance monitoring


The Sophie Nelson Test …..


Questions??

Construction,Commissioning and

Post Completion

Contractor Procurement

Planning and Design

Managing Work Health and Safety For ProjectsLegal Obligations

Industry/Sector/Client-specific Requirements

Contract-specific Requirements

· National Code of Practice for the Construction Industry and the Office of the Federal Safety Commissioner Accreditation Scheme

· NSW Government Code of Practice for Procurement (2005)· NSW Government OH&S Management System Guidelines

WHS Management Manual for Projects(WHS Policy, Roles and Responsibilities, Project WHS Objectives, Preparing an WHS Management Plan, Purchasing,

Staff Induction and Training, Managing WHS for Capital Insight Personnel, WHS Records)

WHS Guideline:Contractor Procurement

· Sample WHS Management Plans· Sample WHS Contract Conditions· Model WHS Contract Clauses for

Commonwealth Funded projects

WHS Guideline:Project Implementation and

Post Completion

· Sample Capital Insight WHS Management Plans

· Terms of Engagement for Sub-consultants

· Register of High Risk Work Activities· SWMS Review Checklist· WH Management Plan Review Checklist· Sample SWMS for Construction

Activities· Sample Issue Escalation Processes· Sample Site Inspection Checklists· Guidance for Positive OH&S

Performance Measures on Projects· Capital Insight WHS Training

Presentations

WHS Guideline:Project Planning and Design

· Sample Capital Insight WHS Management Plans

· Terms of Engagement for Sub-consultants

· Register of High Risk Work Activities· SWMS Review Checklist· OH&S Design Compliance Certification

Checklist· Crime Prevention Through

Environmental Design (CPTED) Guidelines

· Capital Insight Safe Design Training Presentations

WHS Guidelines

WHS Manual

WHS Resources

· Work Health and Safety Act 2011 (Qld) · Work Health and Safety Act 2011 (NSW)

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Managing Design

• Transitional arrangements: New provisions do not apply for design that has commenced prior to 1 January 2012

Main changes:• New model WHS Code of Practice for the Safe Design of

Structures (Draft – March 2012)• Explicit requirements for consultation• Designer to report


Code of Practice for the Safe Design of Structures

…… applies to the design of ‘structures’ defined under the WHS Act to mean anything that is constructed, whether fixed or moveable, temporary or permanent, and includes:• buildings, masts, towers, framework, pipelines,

roads, bridges, rail infrastructure and underground works (shafts or tunnels)

• any component of a structure, and• part of a structure.


Source: Code of Practice for the Safe Design of Structures

Code of Practice for the Safe Design of Structures

The Code is relevant for anyone making decisions that influence the design outcome, such as clients, developers and builders.



Safe Design: Obligations to Consult

Client side: Obligations of the PCBU

Consultation is a legal requirement and an essential part of managing work health and safety risks. A safe workplace is more easily achieved when people involved at the design stage communicate with each other about potential risks and work together to find solutions.

By drawing on the knowledge and experience of other people, including workers, more informed decisions can be made about how the building or structure can be designed to eliminate or minimise risks.





A person conducting a business or undertaking must consult, so far as is reasonably practicable, with workers who carry out work for the business or undertaking who are (or are likely to be) directly affected by a work health and safety matter.

If the workers are represented by a health and safety representative, the consultation must involve that representative.





A person conducting a business or undertaking must consult, cooperate and coordinate activities with all other persons who have a work health or safety duty in relation to the same matter, so far as is reasonably practicable.




A person who commissions construction work must consult with the designer to ensure that risks arising from the design during construction are eliminated or minimised as far as reasonably practicable.






Explicit requirements where duty of care is held by more than one PCBU, then PCBUs must consult with each other to resolve gaps or overlap.











Step Possible techniques By whomIdentify solutions from regulations, codes of practice and recognised standards

Consult with all relevant persons to determine which hazards can be addressed with recognised standards.Plan the risk management process for other hazards.

Designer led.Client approval of decisions.

Apply riskmanagementtechniques

Further detailed information may be required on hazards, for example by:using checklists and referring to codes of practice and guidance material job/task analysis techniques.

A variety of quantified and/or qualitative risk assessment measures can be used to check the effectiveness of control measures.Scale models and consultation with experienced industry personnel may be necessary to achieve innovative solutions to longstanding issues that have caused safety problems.

Designer led.Client provides further information as agreed in the planned risk management process.

Discuss design options Take into account how design decisions influence risks when discussing control options.

Designer led.Client contributing.

Design finalisation Check that the evaluation of design risk control measures is complete and accurate.Prepare information about risks to health and safety for the structure that remain after the design process.

Designer led.Client and designer agree with final result.

Potential changes inconstruction stage

Ensure that changes which affect design do not increase risks, for example, substitution of flooring materials which could increase slip/fall potential and may introduce risks in cleaning work.

Construction team in consultation with designer and client.


Safe Design: Designer to Provide Information

The WHS Act requires designers to give adequate information to each person who is provided with the design in order to give effect to it concerning: • the purpose for which the structure was designed• the results of any calculations, testing, analysis or

examination• any conditions necessary to ensure that the structure is

without risks when used for a purpose for which it was designed or when carrying out any activity related to the structure such as construction, maintenance and demolition.




Points for designers to consider when providing information include:• making notes on drawings, as these will be immediately available to

construction workers• providing information on significant hazards, as well as:

– hazardous substances or flammable materials included in the design– heavy or awkward prefabricated elements likely to create handling risks– features that create access problems– temporary work required to construct or renovate the building as

designed, for example bracing of steel or concrete frame buildings– features of the design essential to safe operation– methods of access where normal methods of securing scaffold are not

available– any parts of the design where risks have been minimised but not

eliminated– noise and vibration hazards from plant.



The WHS Regulations require a designer to provide a written report to the person conducting a business or undertaking who commissioned the design that specifies the hazards relating to the design of the structure that, so far as the designer is reasonably aware:• create a risk to persons who are to carry out the

construction work, and• are associated only with the particular design and not with

other designs of the same type of structure.



Construction

Main changes:

• New model WHS Code of Practice for Construction Work (Draft – March 2012)

• High risk work



Construction Work

Construction work:

…. any work carried out in connection with the construction, alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure.


High Risk Work

As before, except…..

Construction work that involves a risk of a person falling more than 2 metres.

(for example, installing an evaporative cooler on the roof of a double-storey building).



Principal Contractor

Under the WHS Regulations, each construction project (i.e. construction work valued at $250,000 or more) must have a principal contractor appointed.

There can only be one principal contractor for a construction project at any one time.

Safe Work Method Statements

The WHS Regulations place obligations on persons conducting a business or undertaking that includes the carrying out of high risk construction work to:

• ensure that a Safe Work Method Statement (SWMS) is prepared before the proposed work commences


Safe Work Method Statements (cont.)

• make arrangements to ensure that the high risk construction work is carried out in accordance with the SWMS

• ensure that a copy of the SWMS is given to the principal contractor before the work commences

• ensure that the SWMS is reviewed and revised if necessary

• keep a copy of the SWMS until the high risk construction work is completed.


Principal Contractor WHS Plans

All construction projects (i.e. construction work costing $250,000 or more) must have a written WHS management plan prepared by the principal contractor before work on the construction project commences.


Principal Contractor WHS Plans

The WHS management plan must include: • the names, positions and health and safety

responsibilities of all persons at the workplace whose positions or roles involve specific health and safety responsibilities in connection with the construction project

• the arrangements for consultation, cooperation and coordination of activities in relation to compliance with their duties under the WHS Act and Regulations


Principal Contractor WHS Plans (cont.)

• arrangements for managing any work health and safety incidents that occur

• site-specific health and safety rules and the arrangements for ensuring that all persons at the workplace are informed of these rules, and

• the arrangements to collect and assess, monitor and review the SWMS.


So, what should I be doing when planning and managing projects??

Refer new Attachment C of WHS Management Manual for Projects.


Questions??

Documents

Capital Insight Pty Ltd ABN 76 056 297 100 SYDNEY 61 2 9955 2300 MELBOURNE 61 3 9888 8853 BRISBANE 61 7 3002 7700 Capital Insight Work Health and Safety