Construction Safety Act 1912 Construction Safety Amendment (Amenities and Training) Regulation 1998 (1998-642) [GG No 165 of 27.11.1998, p 9017] (NSW)
1998 No 642
I
New South Wales
Construction Safety Amendment
(Amenities and Training) Regulation
1998
under the
Construction Safety Act 1912
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Construction Safety Act 1912.
JEFFREY SHAW, Q.C., M.L.C., Minister for Industrial Relations
Explanatory note
The objects of this Regulation are:
(a) to repeal Part 10 of the Construction Safety Regulations 1950 dealing with the provision of shelter, change and dining accommodation. sanitary conveniences and washing facilities for persons engaged in building work, compressed air work or excavation work as those matters are covered by a code of practice that has been approved under section 44A of the Occupational Health and Safety Act 1983, and (b) to insert a new Part in those Regulations requiring principal contractors and employers to ensure that occupational health and safety induction training has been undertaken by construction workers and to keep records of such training and requiring self-employed construction workers to undertake such training. This Regulation refers to the “Code of Practice-Occupational Health and Safety Induction Training for Construction Work 1998" which is a document prepared by the WorkCover Authority.
This Regulation is made under the Construction Safety Act 1912, including section 22 (the general regulation-making power).
Published in Gazette No 165 of 27 November 1998, page 9017 Page 1
1998 No 642
Clause 1 Construction Safety Amendment (Amenities and Training) Regulation 1998 Construction Safety Amendment (Amenities and
Training) Regulation 1998
1 Name of Regulation
This Regulation is the Consrtuction Safety Amendment
(Amenities and Training) Regulation 1998.
2 Commencement
( 1 ) This Regulation (except Schedule 1 [1]) commences on 1 April
1999.(2) Schedule 1 [ l ] commences on 1 December 1998. 3 Amendment of Construction Safety Regulations 1950
The Construction Safety Regulations 1950 are amended as set out
in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
1998 No 642
Construction Safety Amendment (Amenities and Training) Regulation 1998
Amendments Schedule 1 Schedule 1 Amendments
(Clause 3)
[1] Part 10
Omit the Part.
Part 15 Insert after Part 14:
Part 15 OHS Induction training 162 Definitions In this Part:
Code of Practice means the document prepared by the Authority entitled "Code of Practice—Occupational Health and Safety Induction Training for Construction Work 1998" a s in force at 1 April 1999.
construction project means a project involving
construction work.
education or training provider means:
(a) in relation to Workplace Training Category 1 qualifications—an education or training provider within the meaning of the Vocational Education and Training Accreditation Act 1990 who is registered under that Act to conduct courses accredited under that Act leading to those qualifications. and
(b)
in relation to Workplace Training Category 2 qualifications-an education or training provider within the meaning of the Vocational Education and Training Accreditation Act I990 who is registered under that Act to conduct courses accredited under that Act leading to those qualifications.
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Construction Safety Amendment (Amenities and Training) Regulation 1998
Schedule 1 Amendments employee includes a subcontractor.
employer includes a contractor.
OHS induction training has the meaning given by
Regulation 162D.principal contractor for a construction project means the person who has the overall responsibility and control for the construction project until it is completed.
statement of OHS induction training means a statement
issued under Regulation 162H.
162A Principal contractors to ensure OHS induction training is
undertaken
( 1 )
A principal contractor for a construction project must not direct or allow another person to carry out construction work on the construction project unless the principal contractor is satisfied that the person has undergone OHS induction training.
(2) A principal contractor for a construction project must:
(a)
identify any change in the construction site. and in the activities performed by each person carrying out construction work at the construction site. that might affect the health or safety of any person on the construction site. and
(b)
if any such change is identified. ensure that each person carrying out construction work at the construction site undergoes such OHS induction training referred to in Regulation 162D (b) or (c) as is necessary to enable the person to carry out that work safely despite the change.
162B Employers to ensure OHS induction training is
undertaken
(1)
An employer must ensure that any employee whom the employer employs to carry out construction work is provided with the OHS induction training required to be undertaken by the employee in accordance with this Part.
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Construction Safety Amendment (Amenities and Training) Regulation 1998
Amendments Schedule 1
(2)
An employer must not direct or allow an employee to carry out construction work unless the employer is satisfied that the employee has undergone OHS induction training.
(3) An employer who employs any employee to carry out
construction work must:
(a)
identify any change in the construction site, and in the activities performed by each employee carrying out construction work at the construction site, that might affect the health or safety of any person on the construction site, and
(b)
if any such change is identified, ensure that each employee carrying out construction work at the construction site undergoes such OHS induction training referred to in Regulation 162D (b) or (c) as is necessary to enable the employee to carry out that work safely despite the change.
Note. Section 21 of the Occupational Health and Safety Act 1983 provides that an employer must not levy any charge on an employee in respect of anything done or provided in pursuance of any specific requirement made by or under that Act or the associated health and safety legislation.
162C Self-employed persons to undergo OHS induction
training
( 1)
A self-employed person must not carry out construction work unless the person has undergone OHS induction training.
( 2 )
A self-employed person carrying out construction work identify any change in the construction site. and in
the activities performed by the person a t the construction site. that might affect the health or safety of any person on the construction site, and OHS induction training referred to in Regulation if any such change is identified, undergo such 162D (b) or (c) a s is necessary to enable the person to carry out that work safely despite the
change.
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Construction Safety Amendment (Amenities and Training) Regulation 1998
Schedule 1 Amendments 162D Meaning of "OHS induction training”
For the purposes of this Part, OHS induction training means training referred to in each of the following paragraphs completed to the satisfaction of the person conducting the training:
(a) general health and safety induction training that complies with Regulation 162E, (b) work activity based health and safety induction training that complies with Regulation 162F and relates to the particular type of construction work to be carried out,
( c )
site specific health and safety induction training that complies with Regulation 162G and relates to the particular site at which the construction work is to be carried out.
162E General health and safety induction training
General health and safety induction training must:
(a) cover the relevant health and safety topics set out in the Code of Practice, and
(b) be approved by the Authority, and (c)
in the case of training conducted on or after 1 April 1999:
(i)
be developed by a person who has Workplace Trainer Category 2 qualifications awarded by an education or training provider or a certificate issued by an education or training provider stating that the person has qualifications that are equivalent to Workplace Trainer Category 2 qualifications, and
(ii)
be conducted by aperson who has Workplace Trainer Category 1 qualifications awarded by an education or training provider or a certificate issued by
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Construction Safety Amendment (Amenities and Training) Regulation 1998
Amendments Schedule 1 an education or training provider stating that the person has qualifications that are equivalent to Workplace Trainer Category 1 qualifications.
162F Work activity based health and safety induction training
Work activity based health and safety induction training must:
(a) cover the relevant health and safety topics set out in the Code of Practice. and (b) in the case of training conducted on or after 1 August 1999:
( i ) be developed by a person who has Workplace Trainer Category 2 qualifications awarded by an education or training provider or a certificate issued by an education or training provider stating that the person has qualifications that are equivalent to Workplace Trainer Category 2 qualifications. and (i i ) be conducted by a person who has Workplace Trainer Category 1 qualifications awarded by an education or training provider or a certificate issued by an education or training provider stating that the person has qualifications that are equivalent to Workplace Trainer Category 1 qualifications. unless the training is conducted by the employer of the person undertaking the training and that employer employs not more than 10 employees.
162G Site specific health and safety induction training
Site specific health and safety induction training must cover the relevant health and safety topics set out in the Code of Practice.
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Construction Safety Amendment (Amenities and Training) Regulation 1998
Schedule 1 Amendments 162H Statements of OHS induction training
A person who conducts training referred to in Regulation 162D (a) or (b) must issue to each person who has undergone the training to the satisfaction of the person conducting the training a written Statement that:
states that the person to whom the statement is issued completed the training to the satisfaction of the person conducting it, and
identifies the types of activities covered by the
training, and
specifies the date or dates on which the training
was provided, and
specifies the name and qualifications of the person
who conducted the training, and
training. is signed by the person who conducted the
162I Lapsing of statement of OHS induction training
A statement of OHS induction training ceases to be valid for the purposes of this Part if the person to whom it was issued has not carried out construction work for any consecutive period of 2 years or more since its issue.
162J Principal contractors and employers to keep records
(1)
A principal contractor for a construction project must keep a record containing the following, in relation to each person carrying out construction work on the project, until 3 years after the project is completed:
(a)
a copy of any relevant statement of OHS induction training, or a statement indicating that the principal contractor is satisfied that the relevant OHS induction training has been undertaken and the reason why the principal contractor is so satisfied.
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Construction Safety Amendment (Amenities and Training) Regulation 1998
Amendments Schedule 1
(b)
a brief description of the site specific training that has been undertaken by the person in accordance with this Part for the site at which the construction work is carried out.
(2)
An employer must keep a record containing the following, in relation to each employee employed to carry out construction work, until 3 years after the employee has ceased to be employed by the employer:
(a)
a copy of any relevant statement of OHS induction training, or a statement indicating that the employer is satisfied that the relevant OHS
induction training has been undertaken and the reason why the employer is so satisfied.
(b) a brief description of the site ! specific training that has been undertaken by the employee in accordance with this Part for the site at which the construction work is carried out.
162K Savings and transitional provisions
For the purposes of this Part. an employee or self-employed person who has carried out construction work in the course of employment for any period within the period of 2 years immediately preceding the commencement of this Part is taken to have undergone:
(a) the course referred to in Regulation 162D (a), and (b)
the course referred to in Regulation 162D (b), but only in relation to the particular type of construction work that the employee or self-employed person carried out within that 2-year period.
162L Notes
Notes in this Part do not form part of these Regulations.
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