Construction sites can be dangerous places if safety is not taken into account. There are many things that need to be done in order to keep everyone safe, from the workers to the pedestrians. In this blog post, we will discuss who is responsible for safety on a construction site and what they need to do in order to keep everyone safe!
Who is legally responsible for safety in construction?
The Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld) place significant obligations on “principal contractors” to ensure the safety of persons on a construction site.
A “principal contractor”, in relation to a construction project, is, under section 293 of the Work Health and Safety Regulation 2011 (Qld), the PCBU that commissions a construction project (a project where the cost of the construction work is $250,000 or more), unless that PCBU engages another PCBU as principal contractor and authorises them to have management or control of the workplace and to discharge the principal contractor‘s duties. A construction project has only one principal contractor at any time.
Principal contractors have additional duties under Part 6.4 of the Regulation, including to:
a) prepare a written WHS management plan before work on the project starts (section 309);
b) install signs showing their name, contact numbers (including an after hours number) and the location of the site office, if any (section 308); and
c) take all reasonable steps to obtain a copy of the safe work method statement for any high risk construction work before that work starts (section 312).
A principal contractor also has the duties of a person with management or control of a workplace under section 20 of the Act.
These duties are in addition to the general duty under the Act, which requires all PCBUs (person conducting a business or undertaking) to ensure, so far as is reasonably practicable, the health and safety of workers and other persons
If you are a PCBU who carries out construction work, or are thinking about carrying out construction work, you should be aware of your obligations under the Work Health and Safety Act 2011 (Qld). You should also consult with workers who will be carrying out construction work for you, to ensure that they are aware of the hazards and risks associated with the work and how these can be controlled.
What is a work health and safety officer responsible for?
Under Part 5A of the Work Health and Safety Act 2011 (Qld), a PCBU may choose to appoint a work health and safety officer for its business (section 103A). It is optional, and the person appointed must hold a certificate of authority. Where the officer is not the PCBU, their functions include notifying the PCBU about work health and safety matters, identifying hazards and risks and reporting them to the PCBU in writing, immediately notifying the PCBU of any incident or immediate or imminent risk, investigating or assisting with the investigation of incidents, accompanying and assisting an inspector, and establishing education and training programs on work health and safety (section 103B). The officer must also assess risks at least every 12 months (or at another interval agreed with the health and safety committee, if there is one) and prepare an assessment report (sections 103D and 103E). Appointing an officer does not change the PCBU’s own duties (section 103H). Many workplaces also use the job title “safety officer” for someone who helps run day-to-day safety programs; that is general practice, not a role set out in the Act.
How to keep workers safe in construction
- Have a clear plan:
All workers should know what their roles and responsibilities are, as well as what the hazards are. On a construction project costing $250,000 or more, the principal contractor must prepare a written WHS management plan before work starts and make sure that each person doing construction work is made aware of it before they start.
- Follow the plan:
Once the plan is in place, it is up to the workers to follow it. They need to be aware of the hazards and take precautions to avoid them. If something does happen, they should know what to do in order to minimise the damage and keep everyone safe.
- Be aware of the environment:
In addition to the workers, there are also other people who need to be considered when it comes to safety on a construction site. Pedestrians, for example, need to be aware of the dangers that construction sites pose. They should stay away from areas where work is taking place and be careful not to get in the way of any vehicles or equipment.
The bottom line is that health and safety on a construction site is the responsibility of management, health and safety officers, and everyone else involved. By following the safety plan, being aware of the hazards and taking responsibility for your own safety, you can help to make sure that the site is a safe place for everyone.
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