In addition to general duties under the OHS Act, duties under the OHS legislation relating to specific hazards and other OHS issues affecting all workplaces, employers have the following duties where construction work is being undertaken:
Yes. However, you must undertake the legal duties of both the employer and the principal contractor.
You must comply with the legislation in the same way as an employer.
Self-employed people will work in situations where they may put people at risk on site, so it is necessary to identify hazards and control risks associated with your work.
Self-employed people must complete construction induction training. They must also ensure that a SWMS is prepared prior to starting any high-risk construction work and that construction induction and site-specific training are completed by any independent contractors that you engage.
No. An SWMS is only required when high-risk construction work is being undertaken and someone’s health or safety could be at risk because of the work.
Preparing an SWMS is part of the planning of the work. It helps employers think through the hazards and risks involved in the work and to choose effective control measures in consultation with employees, HSRs and contractors and their employees so far as is reasonably practicable. If the work does not involve a risk to anyone, an SWMS does not have to be prepared.
It is the employer’s responsibility to prepare, maintain and revise the SWMS as necessary and keep a copy for as long as the high-risk work is being done.
An SWMS includes:
An SWMS needs to deal with the specific hazards and risks on the site where the high-risk construction work is being done. A pre-prepared generic SWMS is unlikely to meet the requirements unless it has been reviewed in light of the hazards and risks on the specific site and amended as necessary.
Employers must ensure that anyone employed to do construction work is given OHS training about the particular workplace where the work will be done before they start work on the site.
The legislation creates a special health and safety role for principal contractors of construction projects worth $350,000 or more.
The principal contractor must:
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