SafeWork inspectors recently visited construction sites across Sydney as part of a state-wide crackdown targeting onsite housekeeping, height safety, falling objects, electrical, moving plant operations, and controlling risks related to silica and asbestos exposure.

Inspectors undertook a compliance blitz on construction sites to make sure those most at risk from workplace injury are protected by safe systems of work, said NSW Better Regulation Divisions’ Executive Director, Compliance and Dispute Resolution, Tony Williams.

“Far too often our inspectors identify concerns with the way scaffolding is set up and other dangers involving working from heights so we will be targeting these issues in particular,” said Williams.

“Falls from heights are the number one killer on NSW construction sites with most people who are seriously injured or killed falling from a height of four metres or less,” said Williams, who added cleanliness of a site can be a good indicator of safety and work standards.

“A safe construction site starts with a clean site and we’re seeing an unacceptable drop in standards across the construction industry,” he said.

“Having a well-maintained site is also a good indicator of the quality of the work being done. If the site managers won’t remove trip and fire hazards like piles of rubbish from the site, there’s a good chance that building standards will be haphazard as well.”

SafeWork Inspectors work closely with NSW Fair Trading Inspectors and Officers from the NSW Building Commissioner to share information on businesses and tradespeople delivering poor-quality workmanship and or safety practices.

For safety offences, on-the-spot fines of $3600 for corporations and $720 for individuals can be issued to businesses which place workers lives at risk through inadequate protection from falls from heights, or for those who undertake high-risk work requiring a licence, or those undertaking high-risk silica practices.

This article is a news item provided by the Australian Institute of Health & Safety.

WorkSafe Victoria recently called on employers and workers to prioritise health and safety in the workplace following the deaths of 65 workers in 2020.

The toll includes 29 workers who died in a Victorian workplace incident and 20 workers who died in work-related road incidents.

A further 13 workers died from the effects of disease contracted as a result of their work, one worker died following a workplace-related medical incident and one worker died from a workplace-related suicide.

As of 1 July, the criteria for defining a workplace fatality was broadened to include deaths from work-related transport incidents, disease, criminal acts, and medical or suicide incidents.

WorkSafe Victoria chief executive Colin Radford said 20 work-related road deaths was a sobering reminder that employers have a duty to protect all their workers, no matter where they are employed.

“It doesn’t matter if workers are on a construction site, at the farm, in an office or on the road – health and safety should travel with them wherever they are working,” he said.

“Employers must ensure they implement systems of work to manage fatigue, ensure drivers are properly trained and licensed, and that vehicles are maintained in a safe condition.”

There were 12 deaths in the public administration and safety industry in 2020, which was the most dangerous industry in the state.

This includes the deaths of four police officers killed on the Eastern Freeway in April and five emergency services personnel who died from the effects of diseases contracted at work.

Other dangerous industries included manufacturing and transport, postal and warehousing (10 deaths respectively); agriculture, forestry and fishing; and construction (nine deaths respectively).

The most dangerous occupation was truck driving following the deaths of nine workers in 2020, a decrease from 13 in the year before.

Thirty deaths involved moving vehicles and heavy machinery, which were the most dangerous hazards in workplaces.

“It is unacceptable for so many deaths to involve trucks, machinery and mobile plant when the risks and how to control them are well known for these hazards,” Radford said.

“Slow down, check your systems of work and make sure you are doing everything possible to eliminate or manage these risks because the cost of not doing so can be a life.”

This article is a news item provided by the Australian Institute of Health & Safety.

To coincide with Safe Work Australia’s annual National Safe Work Month, and within the context of COVID-19 challenges, the FSC has taken the opportunity to renew the focus of accredited contractors on ensuring the health and safety of workers who continue to operate in our high-risk work environment, through the launch of the Hazard 2020 campaign.

It is important for FIA members to note and be aware of this. A growing number of members have commented on an increased amount of compliance reporting as a result and our members need to be prepared.

Hazard 2020 Updates
25 February 2021 - Hazard 2020 Webinar - Secondary Safety Systems for Elevated Work Platforms

Over 250 construction industry professionals attended the first Federal Safety Commissioner Hazard 2020 Campaign online educative forum on Thursday 18 February, focussed on secondary safety systems for Elevated Work Platforms (EWPs). With feature presentations by Graeme Silvester and Nathan Kiepe of CPB Contractors, Andrew Delahunt of the EWPA and Federal Safety Officer Brett Jones, as well as a concluding Q&A session, this first in a series of webinars planned during the Hazard 2020 campaign was resoundingly well received.

7 January 2021 - What's the data showing?

Throughout the Hazard 2020 Safety Campaign, targeting scaffolding and mobile plant, the OFSC is closely tracking on-site incidents, hazard-specific audits and undertaking detailed corrective action analysis to better understand the key reasons for non-compliance with the WHS Accreditation Scheme audit criteria.

Each month, for the rest of the 12-month campaign, the OFSC will publish a data update, tracking the scaffolding and mobile plant related audit and incident data, with more dynamic and detailed reports being produced as trends develop.

Launch information

Hazard 2020 – What is it?

The Federal Safety Commissioner (FSC) and the Work Health and Safety Accreditation Scheme (the Scheme) reflect the highest standards of work health and safety in Australia’s continually growing and changing building and construction industry. 2020 has posed significant and unique health and safety challenges for all Australians, and the building and construction industry has had to quickly adapt its approach and practices to ensure the continued health and safety of workers.

Through the ongoing collection and analysis of trends in both reported incident data and audit results, the Scheme provides an ideal platform for addressing emerging and prevalent health and safety issues facing the building and construction industry.

Hazard 2020 involves a specific educative and audit focus on two prevalent industry hazards - Scaffolding and Mobile Plant. Together with fact sheets, guidance and instructional information published at the commencement of Hazard 2020, the OFSC will be focussing on how these hazards are managed by accredited companies throughout 2020-21. Beyond the immediate health and safety benefits that focussed audits can bring to improving management of these hazards onsite, the information and data collected during the campaign will assist in the development of new educative resources, lessons learnt and data analysis to assist companies in improving outcomes regarding management of Scaffolding and Mobile Plant risks.

Why Mobile Plant and Scaffolding?

Analysis of Scheme data from 2015 to 2019 shows that Mobile Plant and Scaffolding are the most common incident types reported to the OFSC by Scheme accredited companies, and are the most frequently issued hazard related Corrective Action Reports (CARs) at OFSC site audits.

• Over 50% of reported incidents that are associated with a high-risk hazard are either Mobile Plant or Falls from Height related;
• Almost 60% of CARs issued against hazards are against Mobile Plant or Scaffolding

While our data provides a compelling call to focus on Mobile Plant and Scaffold management, the human cost when these two hazards are poorly managed provides the incentive to improve health and safety outcomes with respect to these known areas of risk.

Hazard 2020 – what to expect

Audits

The Hazard 2020 targeted audit campaign will review one or both of the selected hazards through the existing Accreditation Scheme audit program. Accredited companies will be familiar with elements of the current FSC Audit Criteria which have been re-grouped to focus on Scaffolding and/or Mobile Plant, and will be chosen as the selected hazards when applicable. Detailed information, including example processes for addressing the individual elements of the Hazard 2020 audit criteria is available in the Scaffolding and Mobile Plant fact sheets prepared by the OFSC.

Fact Sheets

The Office of the Federal Safety Commissioner detailed Scaffolding in Construction Fact Sheet and Mobile Plant Fact Sheet provide an overview of each hazard, how the hazard is present in the industry, key risks, and how accredited companies can implement a systems-based approach to ensuring these hazards are effectively managed in accordance with the FSC audit criteria.

Case Studies

Case studies will be produced showcasing innovative risk management solutions to managing Mobile Plant and Scaffolding, identified through audits and biannual reporting.

Data Analysis and Reporting

Throughout the Hazard 2020 campaign, the OFSC will produce periodic updates on CARs and incident trends regarding Scaffolding and Mobile Plant. The ongoing assessment of both these measures will help the OFSC target resources and review the effectiveness of each specific focus area under the campaign. Over time this will assist in refining the way a targeted data-driven campaign should be developed and implemented

Hazard 2020 – outcomes

A range of informative material is expected to be published as a result of the Hazard 2020 campaign. More immediately, site audits focusing on one or both of the targeted hazards will provide accredited companies the opportunity to look beyond compliance, and assess current practices and controls regarding the identification, assessment and management of Scaffolding and Mobile Plant risks on a building and construction site.

It is anticipated this renewed focus on Mobile Plant and Scaffolding will result in an improvement in the number of CARs issued at OFSC audits and importantly incidents involving these hazards. If not, outcomes from the campaign will be analysed to determine what additional measures and support the OFSC can provide beyond Hazard 2020 to improve safety outcomes with respect to these two areas of risk.

Further Information

For additional information see the Hazard 2020 FAQs or email ofsc@jobs.gov.au.

Quick Links >

Hazard 2020 - FAQs

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Hazard 2020 - FSC Data – Mobile Plant and Scaffolding

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Hazard 2020 - Fact Sheet – Mobile Plant

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Hazard 2020 - Fact Sheet – Scaffolding in Construction

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Hazard 2020 - Monthly Data - October 2020 to January 2021

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SafeWork NSW is offering a FREE VIRTUAL workshop series designed for construction site supervisors to further develop their understanding of their obligations for managing work health and safety (WHS) at the worksite. As well as, recognising and managing the major harms associated with the building and construction industry.

The Supervisors Workshop - Module 4 on Safe Work Method Statements (SWMS) helps supervisors recognise and manage the major harms associated with the building and construction industry.

The virtual workshop is designed to further develop a construction site or trade supervisors skills in understanding:

• what the WHS legislation requires you to do with respect to Safe Work Method Statements (SWMS)
• when SWMS are required
• what SWMS contain
• what is high risk construction work.

This virtual workshop is designed for anyone who:

• is employed as a construction site or trade supervisor, manager, or foreman
• formally or informally supervises less experienced workers.

Construction Site Supervisors have critical responsibilities and duties for health and safety on a construction or building site. This virtual workshop is designed for you to learn from our experienced team of Safety Inspectors. Let’s make safety easy to do in Construction.

Participation in these workshops may contribute to Continuing Professional Development (CPD) subject to criteria set by Fair Trading NSW.

Construction Site Supervisors Workshops

17 March 2021

24 March 2021

31 March 2021

Warning: The following information may be distressing to some readers. (An article originally provided by SafeWork NSW).

In April 2019, 18-year-old apprentice, Mr Christopher Cassaniti was fatally injured, and his co-worker was severely injured when a scaffold collapsed on top of them at a worksite in Macquarie Park.

In December 2020, GN Residential Construction Pty Ltd (Ganellen) was convicted for breaches against the WHS Act and fined $900,000 as a result of the incident. The company was also served a Project Order, requiring them to contribute a further $104,000 to establish a working group to deliver a scaffolding industry safety standard over the next 12 months.

NSW District Court Judge Andrew Scotting found Ganellen had failed to check building load weights, scaffolding ties and components, amounting to an offence of the "utmost objective gravity."

"In the circumstances where the scaffold was overloaded and the ties to the building had been removed, the likelihood of risk occurring was so high that it was almost certain," he said.

Patrizia Cassaniti, Mr Cassaniti’s mother, has become a strong advocate for WHS reform, and has joined the SafeWork NSW Family and Injured Workers Support Group, which aims to improve support to those affected by WHS incidents and advocates for WHS in the community.

For further info on this incident and relevant safety information, visit SafeWork NSW Incident Information Release.

Hear from our Mentally Healthy Workplaces Ambassador for the construction sector, Dr Chris Doyle.

Dr Chris Doyle, Group Head of Environment Health and Safety at Lendlease, talks about the mental health challenges in the construction sector.

This includes bullying and suicide and provides inputs on support available for employees and contractors.

Chris’s journey to being a strong supporter of mental health is inspiring and a must-watch video. You can watch Dr Chris Doyle's 60 second video here.

Dr Chris Doyle
Chris has been a passionate advocate for mental health support in the property and construction sector and has presented at a range of forums domestically and internationally to highlight the links between industry practices and mental health issues within the sector.

Original article by SWNSW.

The NSW Government recently launched a new service standard for handling workplace incidents in order to improve transparency and communication with impacted parties.

SafeWork NSW’s new standard details a service commitment to people directly involved in a workplace incident, including the person injured, the next of kin and duty holders.

“Investigations into workplace fatalities, injuries, illnesses and other safety risks are complex and it takes time for SafeWork NSW to determine whether the investigation will lead to a prosecution and legal proceedings,” said NSW Minister for Better Regulation, Kevin Anderson.

“The service standard provides clarity around the progress and status of investigations so that victims, families and colleagues aren’t kept in the dark.

“This document also clearly outlines each stage of the investigation and formalises the regular, pro-active communication you can expect to receive from SafeWork.”

The new customer service standard was discussed at a meeting of the family and injured worker support group, a 12-member group established by the NSW Government.

The group gives injured workers and those who have lost loved ones an opportunity to help shape the NSW Government’s response to workplace incidents and provide feedback about how it can enhance its support services to affected people.

“This group will determine whether the document does its job when it comes to improving how SafeWork handles workplace incidents,” Minister Anderson said.

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This article is a news item provided by the Australian Institute of Health & Safety.

South Australian builders and contractors have been urged to do more to manage the risk of falls, a common risk and cause of injury to residential construction workers.

SafeWork SA inspectors are visiting residential construction sites over the coming months, starting March 2021, to ensure sites are managing the risks associated with working at heights, and working safely.

The construction industry is the leading industry for risk and injuries associated with working at height, and SafeWork SA 2020 data shows that the construction industry contributed 45 per cent of all notifiable serious injuries associated with a fall from height and 81 per cent of identified non-compliances.

The data shows that workers within the residential construction sector are at most risk.

In October 2020, SafeWork SA released the Safe Work Method Statement 2020 Audit Report.

The report identified serious safety concerns in the residential construction sector for managing the work health and safety hazards and risks associated with a fall.

The data further identified the following trends in construction:

• 90 per cent of serious injuries were below 3 metres
• 66 per cent of injuries below 2 metres were from a portable ladder
• 50 per cent of injuries between 2 and 3m were associated with roof work, including roof truss installation
• 42 per cent of identified non-compliances related to roof work, which includes solar panel and roof truss installation
• 91 per cent of identified non-compliances was above 2 metres
• 51 per cent of identified non-compliances were associated with high risk construction work requiring a Safe Work Method Statement.

The occupations with the highest injury and non-compliance rate across the construction industry are carpenters, roofers, solar panel installers and electricians.

Carpenter and roofing apprentices accounted for 50 per cent of serious injuries within their occupation, while ReturnToWork SA data from 2019-20 reveals an increase in claims of 30 per cent associated with falling from one level to another compared to the previous two financial years.

The occupation of carpentry has the highest rate of injury claims: 2019-2020 data shows an increase of 24 per cent compared to 2018-2019 and a 108 per cent increase compared to 2017-2018. The occupation of electrician has also increased by 41 per cent compared to 2018-2019.

SafeWork SA executive director, Martyn Campbell said that companies that engage contractors have a shared responsibility to ensure the health and safety of workers

“SafeWork SA inspectors are continually finding and taking enforcement action in cases where duty holders are failing to manage a risk of fall.

The control measures to reduce the risk of falls are well known and readily available so there is no excuse for not having them in place.”

“Of particular concern is the data showing that 50 per cent of serious injuries to carpenters and roofers were apprentices.

“Apprentices and young workers are a vulnerable group in the workplace and do not have the experience and awareness to identify safety risks or hazards in the workplace”, said Campbell.

This article is a news item provided by the Australian Institute of Health & Safety.

A letter from the Minister for Better Regulation and Innovation, NSW, Kevin Anderson.

" Dear Multi-Unit Developers, Builders and Advisors,

My name is Kevin Anderson and I am the Minister for Better Regulation and Innovation in NSW. I am writing to let you know how we are working to improve the standard of new multi-unit residential buildings and how we can help all involved save time and money.

Over the last year we have introduced new laws affecting multi-unit residential buildings in NSW in order to prevent incidents like Mascot or Opal Towers from happening again.

I have also established a new Office of the Building Commissioner to help lift the standard of residential buildings and ensure that people feel confident to purchase again.

Here are some of the important changes that you should be aware of:

1. Developers are not permitted to request or use the deposit of apartment purchasers for any purpose other than holding them in trust until settlement;
2. Developers are not permitted to ask buyers to settle on the purchase of an apartment before Occupation Certificate is issued by an accredited certifier;
3. Certifiers are required to perform their role with integrity and independence, following the requirements set out in a new Certifiers Practice Standard; and
4. For all projects contracted after the 1st January 2018 there are requirements to lodge as-built drawings and strata bonds prior to an Occupation Certificate. More information can be found here.

The NSW Government has also introduced two very important pieces of legislation designed to protect consumers who buy new apartments off the plan, and owners of existing apartments which are up to 10-years old. These laws preserve the right of strata building owners to take action against the people and businesses that constructed their building.

These are very detailed pieces of legislation and you should obtain advice from suitable advisers on how they may affect the strata developments you undertake.

Here are the two new pieces of legislation:

1. The Residential Apartment Buildings (Compliance and Enforcement Powers) Act.

This is known as the RAB Act and it took effect from 1 September 2020.

This law gives the NSW Building Commissioner significant powers to help residential apartment owners. Inspectors can now enter projects both under construction and when completed. They can view documents, stop work or order the opening up of work, and issue orders to builders to rectify defects.

The RAB Act also requires that developers give the NSW Building Commissioner at least 6 months’ notice of their intention to achieve an Occupation Certificate. There are significant penalties and consequences for non-compliance.

Audits of a portion of those buildings which have given notice, will be inspected. The Building Commissioner will select a sample of the notified projects and conduct an independent audit of the remaining phase of the project and review the developer’s builder and certifier inputs ahead of a Certificate of Occupation being issued. In instances where inspectors believe there could be serious defects in the building, they can stop an Occupation Certificate from being issued. When inspectors take this course of action the Orders that they make will be published on the NSW Fair Trading website.

It is important to understand that the Building Commissioner can also inspect projects after an Occupation Certificate has been issued. Where defects are found this could lead to very serious consequences for the workers involved, including fines and suspending building professionals’ licenses.

2. The Design and Building Practitioners Act

This is known as the DBP Act and it will come into effect 1 July 2021. This law will require all developers to engage design consultants who are properly accredited to prepare and submit declared designs into E-Construction.

In addition, developers will need to engage contractors who construct buildings in accordance with the declared designs (in compliance with the Building Code of Australia). Those contractors will be required to prepare as-built drawings of the constructed building and declare that these comply.

They will also be required to lodge these drawings on E-Construction.

All parties will have a legally binding duty of care to the purchasers of the units for the quality of the work they undertake.

What do these changes mean for you?

These changes have been made to raise industry standards and to ensure consumers are confident to enter the market and invest in new multi-unit residential developments.

This will benefit everyone involved.

Those receiving the letter will mostly be developers of new residential buildings. You may simply be a client who engages designers and builders to undertake a project on your behalf, or you may be a developer/builder.

It is important that you understand these changes and that those who advise you are also fully informed of the matters you must comply with from now on. There will be significant penalties and other consequences for non-compliance.

We have observed that many developers arrange for incomplete design drawings and specifications before awarding design and construct contracts to builders who are expected to price and assume the remaining design and building functions.

We have also noticed that these contractors have attempted to transfer some of their obligations to subcontractors who are unlikely to have the qualifications to perform or price this work properly.

This needs to change.

Project managers, quantity surveyors, and certifiers should ensure their buildings are compliant with the approved designs and Australian Standards. If not, you may lose your license or accreditation.

Our goal is to make NSW the best state in Australia buy residential property. Consumers should be confident in the product they are buying and investing their life savings in.

I ask that you share this letter with your employees and industry colleagues. It is important that everyone understand the new rules in NSW. The Building Commissioner and his team conduct frequent industry briefings and they are here to help all stakeholders understand and adjust to the new laws.

Yours sincerely

Kevin Anderson

Minister for Better Regulation

Simplified Chinese and Arabic. 

“Good developers are angry that developers, consultants, builders and certifiers who ignore industry standards continue to do so much harm to the brand of their industry.” 

– David Chandler OAM, NSW Building Commissioner 

The Commissioner says ahead of the Design & Building Practitioners (DBP) Act coming in in July, some in the industry are getting the message but others aren’t yet. This blog points to a stop work order in Strathfield that shows the harm that can happen when people ignore the law.

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A small exert ...

Ignorance is not a defence, nor is self-election to ignore Australian Standards

Following a recent survey of over 1400 designers and constructors who work on multi-unit residential projects in NSW up to 80-percent claim to be unaware of the Design and Building Practitioners Act (D&BP Act) coming into effect on the 1st July this year. This is despite the representations of almost every industry body who all sit at the policy table negotiating on every aspect of the legislation and companion regulations. It is clearly time to step up the communications that seem to be missing so many players who plead ignorance.