Health (Construction Work) Regulations 1973 (WA)

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Western Australia

Health (Miscellaneous Provisions) Act 1911

Health (Construction Work) Regulations 1973

These regulations were repealed by the Health Regulations Repeal Regulations (No. 3) 2024 r. 3(b) on 4 Jun 2024 (see SL 2024/67 r. 2(b)).

Western Australia

Health (Construction Work) Regulations 1973 Contents

Western Australia

Health (Miscellaneous Provisions) Act 1911

Health (Miscellaneous Provisions) Act 1911

Health (Construction Work) Regulations 1973

1.Citation

These regulations may be cited as the Health (Construction Work) Regulations 1973.

2.Interpretation

In these regulations, unless the context otherwise indicates — 

construction work means any work in connection with the erection, installation or demolition of a building or structure that exceeds 3 storeys;

main contractor means — 

  • (a)

    a person who has contracted with the owner of work to which this Act applies, to undertake or carry out such work;

  • (b)

    if there is no such person as is referred to in paragraph (a), in relation to the work, an owner — 

  • (i)

    who undertakes or carries out such work; or

  • (ii)

    who contracts with more than one person to undertake or carry out such work;

site means the place on which construction work is carried out or is to be carried out;

storey includes any storey which is under the ground level;

temporary sanitary facilities means such of the facilities as under regulation 4 are required by the circumstances prescribed in these regulations;

workman means any person performing construction work for reward, whether as employee, employer, main contractor or subcontractor.

3.No commencement or continuation of construction work

A main contractor — 

  • (a)

    shall not commence construction work on a site unless and until he has erected on the site temporary sanitary facilities that conform to these regulations; and

  • (b)

    shall during the course of construction work erect and maintain temporary sanitary facilities that conform to these regulations.

4.Temporary sanitary facilities
  • (1)

    The temporary sanitary facilities to be erected and maintained on a site by a main contractor are as follows — 

Number of Workmen

Temporary Sanitary Facility

For each 20, or fraction of 20

1 water or chemical closet and 1 handbasin.

Where there are 12 or more, for each 30 or fraction of 30

1 urinal stall.

  • (2)

    Where a site is served by a system for the disposal of sewage the temporary sanitary facilities other than the temporary sanitary facilities of a chemical closet type shall be connected to that system.

  • (3)

    Where on a site the system for the disposal of sewage consists of an impervious tank system the contents of the system shall be regularly removed by a contractor who is approved by a local authority.

  • (4)

    Where — 

    • (a)

      the site is not served by a system for the disposal of sewage; or

    • (b)

      it is necessary to comply with regulation 5,

a main contractor shall install a temporary sanitary facility of the chemical closet type that — 

  • (c)

    has a capacity of not less than 60 flushes without servicing; and

  • (d)

    has been approved by the Chief Health Officer or the local authority.

[Regulation 4 amended: Gazette 29 Jun 1984 p. 1782; 10 Jan 2017 p. 264.]

5.Maximum distance of temporary sanitary facilities

Temporary sanitary facilities shall be installed at a distance from a work place that does not exceed — 

  • (a)

    90 metres; or

  • (b)

    the height of 2 storeys,

whichever is the lesser.

6.Removal of temporary sanitary facilities

A main contractor shall remove the temporary sanitary facilities prescribed under these regulations as soon as possible after permanent sanitary facilities in the building or structure — 

  • (a)

    are installed within the distance prescribed under regulation 5; and

  • (b)

    are approved for use by the local authority.

7.Offences and penalties
  • (1)

    A main contractor who contravenes a provision of the regulations specified in the Table to this subregulation commits an offence.

Table

Regulations 3 and 6

  • (2)

    A main contractor who commits an offence under subregulation (1) is liable to — 

    • (a)

      a penalty which is not more than $1 000 and not less than — 

      • (i)

        in the case of a first offence, $100;

      • (ii)

        in the case of a second offence, $200; and

      • (iii)

        in the case of a third or subsequent offence, $500;

    and

    • (b)

      if that offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50.

[Regulation 7 inserted: Gazette 14 Oct 1988 p. 4162.]

Notes

This is a compilation of the Health (Construction Work) Regulations 1973 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation

Published

Commencement

Health (Construction Work) Regulations 1973

25 Jan 1974 p. 191‑2

25 Jan 1974

Health Legislation Amendment Regulations 1984 r. 4

29 Jun 1984 p. 1780-4

1 Jul 1984 (see r. 2)

Health (Offences and Penalties) Amendment Regulations 1988 Pt. 10

14 Oct 1988 p. 4160-3

14 Oct 1988

Reprint of the Health (Construction Work) Regulations 1973 as at 11 Jan 2002(includes amendments listed above)

Health Regulations Amendment (Public Health) Regulations 2016 Pt. 12

10 Jan 2017 p. 237‑308

24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165)

These regulations were repealed by the Health Regulations Repeal Regulations (No. 3) 2024 r. 3(b) on 4 Jun 2024 (see SL 2024/67 r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

construction work............................................................................................................ 2

main contractor................................................................................................................. 2

site...................................................................................................................................... 2

storey.................................................................................................................................. 2

temporary sanitary facilities........................................................................................... 2

workman............................................................................................................................ 2

© State of Western Australia 2024 .

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit work as: © State of Western Australia 2024 .

By Authority: GEOFF O. LAWN, Government Printer

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