Tips to Help You Comply With the NSW Workplace Safety Laws
OH&S in NSW is regulated by the government Workcover Authority and there are many rules to promote workplace safety and hefty fines and prosecution if you do not comply.
The OH&S Rules
Many Tradesmen/construction workers do not realise that in NSW if the value of the total construction work (not just the work they are doing personally) is more than $250,000.00 they are subject to the occupation health and safety obligations set out in Clause 229 of the Occupational Health and Safety Regulation 2001 relating to sub-contractors.
In particular the OHS legislation provides that a sub-contractor must not start construction work at a place of work in NSW unless the sub-contractor:
a. has been provided, by the principal contractor for the construction work, with a copy of the parts of the occupational health and safety management plan for the place of work that are relevant to the sub-contractor, and
b. has undertaken an assessment of the risks associated with the work to be carried out and provided to the principal contractor a written safe work method statement that includes a copy of the assessment of risks, and
c. has completed induction training with respect to occupational health and safety as specified in the occupational health and safety management plan for the place of work.
Maximum penalty: Level 3 $11,000.00 Penalty Notice: $600.00
The principal contractor is the person (company) that engaged the sub-contractor.
Also a sub-contractor must not allow an employee of the sub-contractor to start work at a place of work at which construction work is carried out unless the employee has completed induction training with respect to occupational health and safety as specified in the occupational health and safety management plan for the place of work.
Maximum penalty: Level 3 $11,000.00 Penalty Notice: $600.00
A sub-contractor must maintain and keep up to date the sub-contractor’s Safe Work Method statement for a place of work, and must provide the principal contractor with details of any changes made to the safe work method statement.
Maximum penalty: Level 1 $2,200.00 Penalty Notice: $600.00
As you can see the Workcover fines are high and will have a negative impact on your business profitability if you are fined and have to pay them.
Voiding Your Insurance
As well as the fines you will receive, if you do not comply with the Workcover OH&S requirements any Insurances that you have may be voided.
This could have catastrophic effects on your family, in relation to say, income protection insurance as, if you are injured the Insurer may refuse to pay and argue that you contributed to the injury by not complying with the Workcover requirements.
Prosecution action and civil action may also be taken against you if any of your employees are injured and you have not complied with the Workcover requirements as you could be held to be negligent.
Not Just Commercial Work-Sites. Residential Homes Too
These Workcover OH&S requirements do not just apply to commercial work sites, they also apply to the construction of residential homes in NSW worth over $250,000.00.
As it is unlikely that the construction cost of any residential home in Sydney will be under $250,000.00 this means that before commencing any type of construction work you should comply with the Workcover rules and avoid a fine by:
a. getting a copy of the relevant part of the Principal Contractor’s OH&S Management Plan and read it and ensure your employees read it;
b. undertaking a Risk Assessment for the site;
c. ensuring you have a written Safe Work Method Statement that applies to the work you will be doing on-site and give this to the Principal Contractor; and
d. participating in an Induction for the site given by the Principal Contractor and ensure your employees are also inducted.
Although at first reading these requirements may sound onerous they become second nature when put into practice and they will keep you and you staff SAFE.
Tips To Avoid Workcover Fines
If you do not currently have the required documentation an easy solution is for you to contact a business that gets all the paperwork in order for you. It can:
a. Prepare a Safe Work Method Statement for you;
b. Prepare a Site Risk Assessment Form for you; and
c. Prepare an Induction Record for you.
It is then just a matter of you inspecting each site and answering short questions on the risks identified for that site on the standard documents that have been prepared for you by your OHS assistant.
By getting your OHS paperwork in order you will avoid huge fines by Workcover and keep you and your employees safe.
OHS is not a chore once you get some simple systems in place and does not need to be costly. Often all you need can be prepared and provided for less than the cost of one Workcover Penalty Notice for a breach of the NSW OHS legislation.
Its primary purpose is to help you comply with your Workcover NSW obligations to:
(a) Have a written Safe Work Method Statement in relation to the tasks they undertake and provide a copy to the principal contractor;
(b) Undertake a Risk Assessment in relation to each worksite they attend;
(c) Participate in an Induction by the principal contractor and ensure that all of your employees/sub-contractors are inducted.
Compliance saves lives, stops injuries and avoids large fines.
