There are diverse professions here in the Australian jurisdiction. Some of these jobs are blue collar jobs while others are white collar jobs. As such, the safety of the workers in that particular job varies from the safety of another worker in a different profession. In this article, we shall be discussing the safety measures that arise in my profession, which is in the construction sector.
Legislation often plays a huge part to how you run your business. It is for this reason that it is important for the business owner to be aware of the laws that apply to his or her industry. The key legislation that may affect businesses in the construction industry here in Australia includes the following. These laws are the likes of the Work Health and Safety Act of 2012, the Work Health and Safety Regulations of 2012, and the SA Codes of Practise. Other legislations are the Return to Work Act of 2014, Returns to Work Regulations of 2015, Fair Work Act of 2009, and the Workplace Gender Equality Agency. There are other regulations that include the Fair Act (Registered Organizations) Act of 2009, the Disability Standards of 2010, the National Construction Code, the Heritage Protection, and the Environment Protection and Biodiversity Conservation Act of 1999.
However, here in Australia, the Work Health and Safety Act (WHS) of 2011 regulates all the work-related issues with any object to secure the rights and interest of the workers. According to this act, a person who is conducting any business, or has undertaken a certain business, needs to follow the guidelines of the act including all the other related provisions such as the Fair Work Act, SA Code of Practice, and Workplace Gender Equality Agency.
The efficient duty of care has been imposed on the employers so that every businesses can continue with their businesses by following all the mandates for keeping the workplace health and safe for the workers. According to this act, all the risks are required to be identified and assessed by the employers. Later, the employers need to make all the decisions wisely for the benefit of their workers. These employers’ already-made decisions should monitor the health and safety policies for their workers and conduct the training sessions as well if necessary. Avery employer is required to follow the laid out legal obligations and practical guidance regarding the same is providing by the Codes of Practice.
There are certain provisions regarding the hazardous works and process of managing all the risks regarding the tasks that has also been presented by the Codes. One of the most common provisions for the workplace related matters is the Fair Work Act 2009.
The act provides a balanced framework and assists in the promotion of the national economic prosperity for the Australians. In any case of the construction business, there are certain additional rulings that are required to be maintained such as the Building Code, National Construction Code, Disability Standards 2010, Environmental protection and Biodiversity Conservation Act 1999 and Heritage Protection. These legislations provide the standard for the constructed objects as they have clearly prescribed the rules effectively.
The requirement for concocting a building has been prescribed under the National Construction Code. It is of no doubt to state that the construction of the building causes serious damage to the environment. Environmental protection and Biodiversity Conservation Act of 1999 provide all the protective guidelines to maintain a sustainable biodiversity. All these rules and regulations must be maintained and followed by the employers in every corner of the state.
The employers of any business are required to abide by all the guidelines mentioned for the specific work in relevant legislation. It is the duty of the employer to inform the workers regarding all the health and safety policies available to them and should make them aware of the potential hazards related to the said work. By performing this action, the employers stand no chance of being sued to the negligence of the rights of their employees to understand their rights. However, if a business owner, such as my organization, remains silent on the matter, he or she becomes liable to being sentenced to a court of law for further questioning.
The employers are advised to call for meetings related to the proper implementation of safety guidelines in the workplaces. Apart from this action, the employers should talk to the employees regarding their problems or requirements. This action not only increases transparency of employers to their employees but also enhances the work relationships between the two.
In the case of proper implementation of the work health and safety policies, all the legal assistance will be provided to the employers including the drafts and development policies with an intention to reduce the legal risks. If the employer fails to comply with all or any of the guidelines mentioned by the specific legislation, the organization of the alleged employer can be exposed and the necessary penalties can be imposed on them. The same action could create impacts on the premiums of workers. However, it is a common problem for the employers that the provisions of the workplace safety Act and regulations are quite clear, but they made various complaints against the policies so as to favor themselves.
In such cases, the employers can seek for help from the advocates so that they can review the conducts of the employers and provide necessary suggestion to them. Proper investigations are necessary in case of any complaints and measures should be taken to manage the problems of the affected workers. The employers are required to assess the proactive risk management criteria and should be concerned about safety and hazardous issues. They should act in accordance with supportive manners and with due care in case of any injury or illness has reported.
All the injury-related claims should be resolved on urgent basis. The employers are required to provide necessary support to the employees with an intention of bringing back the normal working environment in the workplaces.
The nature of the discussed organization is construction-based and there is a certain legislation that regulates the workplace safety mandates such as the Building Code, National Construction Code and the Heritage Protection Policy. Construction works may include the forms of alteration, conversion, renovation, demolition, and/or coordination. According to the building code, before constructing a structure, planning permission should be obtained from the local authority. Without such permission, the construction may be considered unfit both for commercial and residential purposes.
The purpose of the legislation provided is to review the health and safety welfare of the building and to investigate whether all the general requirements have been fulfilled or not. The provisions of the Building Code are not only providing guidelines to the contractors or architects but assisting the safety inspectors and the facility managers also. It has been suggested by the Code that the engineers or the employer should have to maintain the rules laid down in Fire Code.
The nature of the construction works is hazardous and therefore, the buildings should be well planned and sufficient arrangements should be taken to avoid the possible risks. The employers or the developers are required to perform certain acts and all the practical guidelines regarding the acts are mentioned under the National Construction Code. The provisions of the Code are legally binding on the employers and the contractors. Apart from the Codes, the Work Health, and Safety Acts are also provided certain guidelines.
According to section 19 of the Act, it is the primary duty of the contractor to take all the care of the safety provisions. Further, the Act has provided certain duties for the workers too. Part 3 of the Act has provided about the notifications regarding any injury report and part 2 divisions 2.5 is stating about the penalties in case of any breach of duty made by the parties. A contractor is required to appoint health and safety representative to investigate the works and any loopholes presented in the work.
The code of practice regarding the construction work has mentioned all the related provisions that are helpful to secure the health and interest of the workers. The related definitions have been prescribed in the introduction part of the Code. The risks management issues are prescribed under part 3 of the Code.
The code has concentrated over the identification of the risks to reduce the gravity of the hazardous works. According to this Code, the layout, location, and accessibility of the work or the construction should be maintained with the highest priority. It has been stated by the Code that the contractors should take reasonable care regarding the erected equipment’s, penetrations and voids, unprotected decks and fiberglass roofs to avoid any hazards or risks. The possible outcomes of the structural collapse should have to be removed with ultimate priority. Further, the contractors should assess the risks for analyzing the effectiveness of the same on the workers and on the environment as well.
The WHS regulation has not made the risk assessment process mandatory but in case of asbestos, assessment of risks is mandatory. The reasons for the risks are required to be assessed and proper methods are required to be adopted to eliminate the risks. According to regulation 299 (2), a statement on safe work method should identify the construction-related risks and should specify the high-risk construction hazards. Certain processes are also mentioned under the Code regarding the implementations of the policies and reviewing the works.
The contractors or the developers are required to maintain a safe work method statement to point out all the risk factors relating to the workplace and the primary purpose of the statement is to reduce the chances of the risks. It is the duty of the contractors to inform the workers regarding the risks and proper notice is to be served to them regarding the same.
According to section 3.4 of the Code, all the information relating to the health measures should be reviewed. There is a provision regarding the hazardous manual has been mentioned under the Code of Practice that monitored the performance of the workers and proper equipment handling. There are four types of forces mentioned under the hazardous manual such as repetitive force, sustained force, high force and sudden force. The contractors are required to follow all the necessary guidelines for this aspect.
The provisions of the Work Health and Safety Act are applied to the persons who are attached with the workplaces such as the PCBUs, officers, workers and the others. Apart from these, there are certain other persons such as the contractors, subcontractors, importers, manufacturers, and suppliers who play an important role in these cases.
PCBU is the abbreviated form of the Person Conducting Business or Undertakings. They are primarily responsible for the safety requirements of the construction and they will be held responsible for any types of health-related issues of the workers. The officers are investigating the situations and processes of the building.
Workers are one of the main components of the building construction and they are responsible for their safety and that of the construction. This action can be achieved through looking after all the proceedings of the building and then having specific legal duties to perform.
Manufacturers and suppliers are playing an important role in the case of building construction, as all the hazardous substances are supplied by them. Therefore, they are required to take all the precautions regarding the delivery of the equipment. They are required to provide all the safety-related information to the employers regarding the tools and machines to the PCBU’s and to the workers so that the risks can be minimized with the highest priority. The machines are installed in the building with the help of the installers and they have also certain legal duties. According to section 13 of WHS Act, the nature of the duties of the construction-related persons is legal in nature and the duties are non-transferable. Section 19 of the Act provides all the legal requirements of the PCBU’s. According to this section, it is the duty of the PCBU’s to provide a safe environment to the workers and should provide necessary facilities and supervise the works so that the health of the workers can be secured. Section 27 of the Act is dealing with the legal requirements of the officers. As per the provision, the officers are required to update the workplace related knowledge and should provide training and instruction to the workplace-related persons regarding the health and safety mandates.
The workers are required to take all the possible care to secure them under section 28 of the Act and need to follow all the provisions of the Act. The WHS Act has imposed certain legal requirements on the other persons under section 29 of the Act.
There are several safety issues that are of key concern in my workplace. However, I will specifically focus on two of them that are the most fatal of all. They include the falls that are accidental and electrical accidents. Below is a detailed description of each safety issue.
Starting with the accidental falls, there have been so many issues regarding the workers in the construction structures falling off resulting in both major and minor injuries. Since the construction of the high story building, the workers are highly exposed to this hazard. The causes of such falls included unstable surfaces, ignorance by the safety team, and divided attention of the workers. Other causes include improper training of the employees and the use of very dangerous equipment. However, there are several measures that have been weighed and put into action regarding the prevention of this accident. It must be noted that these measures are in line with the Building Code and National Construction Code. Such measures include the following as explained the section below. The first measure that has been considered is the covering up of all holes in the construction site. Through covering these holes up, the chances of the workers falling through them reduces by a high rate. This fact is because many constructors tend to focus on the problem at hand such as the correct alignment of walls and roof rather than where they are standing. As a result, most of them become victims of falls resulting in deaths or serious injuries. Secondly, the fall arrest system has aided a lot in the prevention of the falling constructors from injuries. As a result, they may never have to worry about where to place their feet as they are guaranteed of not falling. Thirdly, the safety nets measure has been put into consideration where they act as catch agents to the falling constructors. In some instances, the workers may have covered up the holes that exist on the floors they are working on. However, the constructors become victims of falling from the edges of the flows, it is at this point that the safety nets come into action and prevent such falls. The other measure that has been put into place is the use of aerial lifts. These lifts perform the work that the workers were supposed to perform on the high floors.
The electrical hazards
The electrical hazards happen when the electrical cables are left hanging and when containing an electric current. In some other instances, the cables supplying the electric power to the construction zone become loose making the place hazardous to work in. Other reported cases included the workers connecting these power cables without the knowledge to perform such an action. When such cases of electrical accidents occur, the impacts associated with them are so intense. Such accidents may result in causing a fire outbreak if the electrical cables come into contact on a surface with fuel. In other instances, the electrical accidents may cause electrical shocks to the workers at the construction site. Such an occasion results in the death of the workers if the electrical current and voltage were high. However, the WHS Act has brought into light some preventive measures including the installation of the power strip in the construction points.
There are certain risks identified in the building at 32 South Tce, named CFMEU, that is located in your Adelaide Office and, therefore, your advice is urgently required in this case. As a highly skilled officer, you can analyse the situation and then resolve the disputes in a systematic way. However, there are certain risks identified regarding the security of the building and they are posing a potential threat to the health and safety of the employees. However, the nature of the hazards is being pointed out for your benefit.
It is a 3 storied building along with and a ground level parking lot. The first thing is that there are no surveillance cameras in the parking lots or entrances to the building. It has been observed that during the winter season, many strangers take shelters in such points. A possibility of hampering the security of the building and commence of illegal workers are cropped up thereby. Further, there is a time period specified for staying the strangers which are not maintained and the workers have to face problems due to this. The environment of the building is not at all safe for any individual and the situation is becoming a potential threat for the individuals in particular women workers.
Another dispute is that the hazardous building materials like the tools and the pieces of machinery are kept in an open ground. No proper initiatives have been taken to protect the materials and they are lying on the ground in a dangerous way. The life of the workers is at risk and accident can be happened at any time.
It has been stated, on previous occasions, that the building has a ground parking arena and, in the rainy season, the water enters into that area causing serious problems. The building’s authority has failed to take proper steps regarding the problem and the drainage system of the building is not well developed. This can also act as a potential threat to the health of the workers.
Therefore, it can be observed that the building has failed to deliver the secure environment to the workers and your advice is highly required on an urgent basis.
As WHS regulator is responsible to provide necessary advice and recommendation to the ministers and make a report on the effectiveness of the workforce model. The regulators have the power to analyze the statistics and if necessary, they provide training to the respective persons.
Wide power has been conferred on them to obtain information from any reasonable person. The regulators can serve notice to the person and ask for all the necessary documents. They can provide advice to the communities regarding the health policy and can legally represent any person.
According to the provisions of the WHS Act, it is the legal duty of the individual to provide all the required documents to the regulator unless there is any legal objection present. However, the information cannot use against the person without a proceeding under the forgery offense.
The regulators are monitoring the related provisions of the work health and safety process and they can ask for the entire related document to this extent. They are maintaining a database and provide education on the National Classification Scheme.
Certain constructional hazards are quite common in nature and if possible care could not be taken in those cases, an accident can happen at any time. The workers falling from these higher places and electrical hazards are some of them.
According to the WHS Act, it is the duty of the contractors, subcontractors, electricians and the workers to comply with all the necessary duties while performing them and they must be aware of the facts and outcomes of it.
It is the primary duty of the contractors to identify the hazards and make a report to the respective supervisors. They are required to consult with the WHS officers and with the workers regarding the safety methods and make a necessary suggestion to avoid the accidents on highest priority.
In case of any injury or death of the workers, they need to make a report to the WHS authority and inform the family of the injured or deceased workers. All the risks cropped up during the performance of the works are required to be managed in a good manner and generated risks are to be assessed with ultimate priority.
The workers are also required to be cautious while handling with the equipment and electrical tools. They need to use fall arrest system, safety nets, cover floor holes and the uses of aerial lifts while working in the higher places to reduce the possibility of accidental injuries or death. Further, the contractors are required to monitor the workplaces and required to inform the officers regarding the conditions of the working methods. However, the process of improvement should be continuous in nature and the whole process of works should be done as per section 19 of the WHS Act.
The provisions of the Building Code are also necessary. It can be recommended that the process of works should be done with due care and diligence and the contractors are required to serve proper hazard or risk notice to the workers to avoid any future accidents. They should act prudently in all the events.
Continuous improvement is necessary to avoid all the necessary injuries in the construction site. There are two aspects present regarding the application of continuous improvements such as incremental improvement and breakthrough improvement. Proper planning is mandatory to reduce the chances of workplace injuries and the process of communication must be clear.
All the equipment and the machine tools are required to be inspected properly by the WHS officers. It is the duty of the employers to make the employees aware of the hazards or risks regarding the workplace. According to clause 39 of the Work Health and Safety Regulation 2017, proper training is necessary for the employees to make them more eligible in handling the pieces of machineries and the tools.
According to the WHS Act, it is the duty of the officers to conduct a training program for the employers and the employees to make them aware of the possible outcome of the hazardous jobs. The nature of the training must be legal and must comply with all the necessary provision mentioned under the Act. However, apart from the legal obligations, there are certain additional requirements too where the training is necessary.
It is important to talk to the employees liberally and therefore, training on enhancing the communication skills is required. Ideas should be shared for the improvement of health and safety of the workers. Training can be conducted to develop the record keeping process and all the investigated activities need to be maintained in a proper way. Training is also required to set out the proper methods to handle the pieces of machinery and tools.
RE: WHS updates
There are several processes by which the safety officers can keep them updated regarding all the changes made in WHS legislation so that they can easily resolve the problems and can represent the company in all future proceedings. There are certain newsletters designed to keep the people aware of the changes.
All the safety-related information is given in these news portals. News portals like SHP news and IOSH news are playing the same character and you are already subscribed. Further, there are others options such as Yammer, state workers compensation regulators and feed my inbox which are fulfilled the same responsibilities.
Health and Safety podcasts are available to keep you up to date in a quick and easy way through podcasting is also an option. In order to listen to a podcast an internet connection is needed, however in this day and age with the power of 3G/4G on devices; online content is usually available on the move.
The HSE in particular offer a range of podcasts that are regularly posted in order to keep companies up to date with their health and safety. Social media is also playing an important role in this case. Certain up-to-date news on safety issues can be generated in these media and they are quite trending in nature. Twitter also allows the person to get new information on the safety policies. Apart from all these, the officers can benefit from other portals like news bulletins regarding any specific issue.
The specific details can be accessed from the WHS folder that is located in the SharePoint. Kindly, access the folder if extra information is needed.
Continuous improvement is necessary for any kind of constructional works. It has been observed that there are a number of hazards can be taken place in the site and the consequent can be detrimental in nature. Therefore, sufficient changes are required to avoid the possible hazards and make the workplace safe for all.
Change management is an important thing in this case where a systematic approach has been taken to clarify all the disputes and technologies are used to handle the situation. It is a common rule under the WHS Act that the employers are required to serve notice to the individual regarding any safety process. Previously, the notice was kept in the notice board so that every employee can come to know about the policies or about the changes. However, certain change has been made in this arena. An initiative has been taken by the authorities to serve the notice individually to avoid any type of problems.
The person who is specialized in electrical components is taking classes of the workers so that they can easily identify all the risky materials. Previously, the safety officers came to the site to observe the works and talk to the contractors only regarding the loopholes, if any. In the current situation, the officers are also communicating with the workers.
The line managers are required to chalk out the plan for the objectives of their working area. By issuing out the appropriate plan, the effective estimation of the direction to be followed while implementing the plan can be established effectively in advance. The financial sectors are also managed by the line managers and it is their duty to ensure the values regarding the budgets. Such assurance ascertains that there are no cases of fraud and/or corruption. In short, it promotes the transparency of the organization. The line managers should familiarise themselves and comply with the equality legislation in addition to promoting equality and diversity. Through the implementation of this legislation, the organizations will have no cases to answer regarding gender consideration in employment. The action also promotes higher production in the company as different genders will be interacting with each other effectively.
Conclusion
In our discussion, we have discussed several aspects that revolve the job industry particularly the construction sector. There are a number of imposed acts and rules that protect the employees and all the employers must adhere to. Failure to follow these laws results in the employer being exposed. One of the mostly discussed acts is the Work and Health Safety ac that protects the employees. We have also seen the reason as to why the employers must educate their workers on what the job entails and the rights they have.
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