Occupational Safety and Health Amendment Regulations (No. 4) 2007 (WA)

4978 GOVERNMENT GAZETTE, WA 2 October 2007

Amendment Regulations (No. 4) 2007.

WS301*

Occupational Safety and Health Act 1984

Occupational Safety and Health Amendment

Regulations (No. 4) 2007

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Occupational Safety and Health

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2.            Commencement

These regulations come into operation as follows:

(a)	regulations 1 and 2—on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - at the end of the 3 months commencing on the day after the day on which these regulations are published in the Gazette.

3.            The regulations amended

The amendment in these regulations is to the Occupational
Safety and Health Regulations 1996*.

4.            Part 3 Division 12 inserted

After regulation 3.136 the following Division is inserted -

Division 12 - Construction industry - consultation on

hazards and safety management etc.

3.137. Definitions

In this Division -

"client" means the person for whose direct benefit all

the work done at the construction site exists, upon

its completion;

"designer", in relation to construction work at a

construction site, means the person in charge of the, or a part of the, design of the end product of the construction work;

"domestic construction work" means construction

work on or in relation to a building of Class 1,
Class 2 or Class 10 as classified in Part A3.2 of the

Building Code of Australia under the Building

Regulations 1989:

"high-risk construction work" means any of the

following -

(a)	construction work involving a risk of a person falling 2 metres or more;
(b)	construction work on telecommunications towers;
(c)	construction work involving demolition;
(d)	construction work involving disturbing or removing asbestos;
(e)	construction work involving alteration to a structure that requires the structure to be temporarily supported to prevent its collapse;

(1) construction work involving a confined

space;

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(g)	construction work involving excavation to a depth of more than 1.5 metres;
(h)	the construction of tunnels;

(1) construction work involving the use of

explosives;

(j)	construction work on or near pressurised gas pipes (including distribution mains);
(k)	construction work on or near chemical, fuel or refrigerant lines;

(1) construction work on or near energised

electrical installations and lines (whether

overhead or underground);

(m)	construction work in an area that may have a contaminated or flammable atmosphere;
(n)	construction work involving tilt-up or precast concrete;
(o)	construction work on or adjacent to roads or railways that are in use;
(p)	work on a construction site where there is movement of powered mobile plant;
(q)	construction work in an area where there are artificial extremes of temperature;
(r)	construction work in, over or adjacent to water or other liquids if there is a risk of drowning;
(s)	construction work involving diving;

"safe work method statement" means a statement

prepared under regulation 3.143.

3.138. Application of Division

(1)

This Division applies in relation to construction work

taking place, or to take place, at a construction site.

(2)	If no one designer is in charge of the whole of the design, then the provisions of this Division apply to or in relation to each designer who, to some extent, is in charge of the design, to that extent.
(3)	This Division does not apply to domestic construction work until 21 April 2008.

3.139. Responsibilities of commercial clients

(1) This regulation applies to a client if the work at the

construction site was, is being or is to be done for the

client as part of the client's trade or business.

(2) The client must consult with the designer for the

purpose of ensuring, as far as practicable, that persons

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doing the construction work may do so without risk to
their health and safety.

Penalty: the regulation 1.16 penalty.

(3) If the client is not the main contractor, the client must

consult with the main contractor for the purpose of

ensuring, as far as practicable, that -

(a)	persons doing the construction work may do so without risk to their health and safety; and
(b)	persons on or near the construction site are not put at risk from the construction work.

Penalty: the regulation 1.16 penalty.

(4) The client must, as far as practicable, ensure that information given to the client under the Act that relates to -

(a)	identifying hazards to which a person at the construction site is likely to be exposed; or
(b)	assessing the risk of injury or harm to a person resulting from those hazards; or
(c)	considering the means by which the risk may be reduced,

is given to the main contractor (if the client is not the
main contractor) and a person who obtains the end
product of the construction work from the client.

Penalty: the regulation 1.16 penalty.

3.140. Responsibilities of designers

(1) This regulation applies in relation to a client if the
work at the construction site was, is being or is to be
done for the client as part of the client's trade or
business.

(2)	The designer must give a written report to the client
setting Out -

(a) the hazards -

(i)     that the designer has identified as part of the design process; and

(ii)     that arise from the design of the end product of the construction work; and

(iii)     to which a person at the construction site is likely to be exposed;

and

(b) the designer's assessment of the risk of injury

or harm to a person resulting from those

hazards; and

(c) what things the designer has done to reduce

those risks (for example, changes to the design,
changes to construction methods); and

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(d) which of those hazards the designer has not done anything in respect of to reduce those risks.

Penalty: the regulation 1.16 penalty.

(3) The level of detail in the report must be appropriate for

the client, the nature of the hazards and the degree of

risk.

3.141. Responsibilities of main contractors

(1) The main contractor must, as far as practicable, ensure

that the following information is recorded (if not

already recorded) and compiled, information that -

(a) is in the control of the main contractor;

(b) was obtained, created or recorded under the

Act;

(c) relates to -

(i)     identifying hazards to which a person at the construction site is likely to be exposed; and

(ii)     assessing the risk of injury or harm to a person resulting from those hazards; and

(iii)     considering the means by which the risk may be reduced.

Penalty: the regulation 1.16 penalty.

(2) The level of detail to be recorded must be appropriate

for the nature of the hazards and the degree of risk.

(3) The main contractor must ensure that the information

compiled under subregulation (1) is kept until the

construction work is completed.

Penalty: the regulation 1.16 penalty.

3.142. Occupational health and safety management plans

(1) The main contractor for a construction site where 5 or

more persons are, or are likely to be, working at the

same time must ensure that -

(a)	an occupational health and safety management plan is prepared for the site before work commences at the site; and
(b)	the plan is kept up-to-date.

Penalty: the regulation 1.16 penalty.

(2) An occupational health and safety management plan is

a plan that, as far as practicable -

(a) identifies each person on the site who has a
specific occupational safety and health

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responsibility in relation to the site and describes how those responsibilities are coordinated; and

(b)	describes what occupational health and safety induction training will take place in respect of construction work on the site; and
(c)	describes the arrangements for managing occupational safety and health incidents on the site; and
(d)	sets Out the site safety rules and describes the arrangements for ensuring that all persons on or visiting the site are informed of the rules; and
(e)	including information, to the extent to which the main contractor has it, that relates to -

(i)     the identified hazards to which a person at the construction site is likely to be exposed; and

(ii)     the risk of injury or harm to a person resulting from those hazards; and

(iii)     the means by which the risk may be reduced;

and

(0	site.
the safe work method statements (if any) for the

(3) The main contractor must ensure, as far as practicable,

that -

(a)	each person doing construction work at the construction site has been given a copy of the plan; and
(b)	if the plan is amended - each such person is given a copy of the changes that relate to the
person's work, as soon as practicable; and
(c)	a copy of the plan is available for inspection, until the construction work is completed, by -

(i)     a person doing construction work at the construction site; and

(ii)

a person about to commence site; and

(iii)     a member of a safety and health committee for the construction site who is an employee; and

(iv)     a safety and health representative for the construction site.

Penalty: the regulation 1.16 penalty.

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3.143. Safe work method statements

(1) If high-risk construction work is, or is to be, done at the

construction site, the main contractor must, as far as

practicable, ensure that -

(a)	each person identified by the main contractor as having day-to-day, on site control of high-risk construction work at the site gives the main contractor a safe work method statement for the high-risk construction work that the person is in control of before the work commences; and
(b)	the statements are kept up-to-date.

Penalty: the regulation 1.16 penalty.

(2) In identifying persons for the purposes of

subregulation (1), the main contractor must ensure that
all high-risk construction work done, or to be done, at
the site will be covered by a safe work method

statement.

(3) If the main contractor is unable to comply with

subregulation (2), the main contractor must prepare the
necessary safe work method statement or statements
and keep it or them up-to-date.

Penalty: the regulation 1.16 penalty.

(4) The safe work method statement must be in writing

and, as far as practicable, set Out -

(a)	each high-risk construction work activity that is or includes a hazard to which a person at the construction site is likely to be exposed; and
(b)	the risk of injury or harm to a person resulting from any such hazards; and
(c)	the safety measures to be implemented to

reduce the risk, including the control measures

to be applied to the activity or hazards; and

(d)	a description of the equipment used in the work activity; and
(e)	the qualifications and training (if any) required for persons doing the work to do it safely.

(5) The main contractor must ensure that there are
measures in place to ensure, as far as practicable,
that -

(a)	high-risk construction work is carried Out in accordance with the relevant safe work method statement; and
(b)	if the work is not carried out in accordance with the statement - the work ceases (when safe to do so) and does not resume until the safe work method statement is complied with.

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(6) A person referred to in subregulation (1)(a) must, as far

as practicable, give the main contractor the safe work method statement for the high-risk construction work that the person is in charge of and keep it up-to-date. Penalty: the regulation 1.16 penalty.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.