8.0 OWNER BUILDER WORKPLACE HEALTH & SAFETY
Each year, hundreds of thousands of incidents, accidents and illnesses occur in Australian workplaces.
Many of the injury claims were made by workers aged 16 years or less.
The burden this places on workers, businesses and the community at large is enormous.
Direct financial costs arising from workers compensation, hospitalization, rehabilitation, lost production and staff retraining is estimated to cost the Australian community several billion each year.
For workers, the human cost of injury can be equally devastating.
Pain, discomfort and rehabilitation are often accompanied by other psychological stressors.
These typically include emotional stress, strained relationships, uncertainty and disruption to study.
Workplace injuries also affect or intrude into a persons social and recreation pursuits.
Family members are affected in similar ways.
Medical rehabilitation and social welfare payments are other costs absorbed by the community.
Overall workplace injury and illness undermines Australia’s economic performance and reduces our living standards.
Adapted from:
Department of Employment and Training Workplace Health and Safety Training Resource Kit
Introduction and Responsibilities
This section helps you to understand your responsibilities in the area of Occupational Health and Safety , particularly as they relate to owner-builders undertaking and managing their projects.
Whilst it remains true that no two workplaces or work sites are the same and that each circumstance has it’s own identifiable and inherent risks and hazards, the process and the methodology behind achieving a safe work environment remains constant across construction workplaces.
It is your responsibility as an owner-builder and therefore the person responsible for the worksite to:
- Recognise workplace hazards and risks
- Recognise appropriate control measures or strategies
- Contribute to establishing better controls
- Complete relevant workplace documentation in respect to OHS issues.
Workplace health and safety is a generic or general term which relates to the health and safety of persons performing work.
It further relates to the protection of the public from danger which could be present as a result of that work and the protection of the public and persons engaged in work activities as a result of plant, equipment, materials and other related sources.
Any workplace in Australia is governed by either Federal/Commonwealth or State legislation.
Legislation varies from state to state, but all are based on the National Standards developed by the National Occupational Health and Safety Commission (NOHSC), now commonly known as Worksafe Australia.
Each state or territory has it’s own specific department which enforces these laws
History of Workplace Safety
Workplace Health and Safety Legislation has existed in varying forms for many years.
Originally our legislation was based on the English Factories Acts 1844 – 1894.
Australia inherited this style of occupational health and safety as a result of our influence and position as a member of the Commonwealth.
Today, Australia has adopted the Robens Model as the basis of it’s workplace health and safety legislation.
The emphasis is on proactive prevention, rather than reactive compensation.
The National Occupational Health and Safety Commission,
(WorkSafe Australia) has a “watch dog” role in seeing that all states and territories administer effective high quality Occupational Health and Safety practices, standards and legislation.
The commission is made up of Employer Associations, Union Representatives and State Government Representatives.
The group makes recommendations to the State Workplace Health and Safety Council, who will support the relevant Minister in the legislation of the Act.
Workplace Occupational Health and Safety Acts
All states and territories have their own independent but conforming legislation in place.
Broadly, these Acts are administered in the following manner, with only minimal variation being evident from authority to authority.
Workplace Health and Safety Council
The Minister takes advice from this council, consisting of Employer Organisations, Government Representatives, Unions and subject matter experts.
They meet to establish new laws, cades and practices for the various industries they represent.
A large function of the Workplace Health and Safety Council is to promote education in all areas of Health and Safety.
Administration of the Act
The legislation is administered by the Minister of the appropriate department responsible for OHS in each state or territory.
Workplace Health and Safety Industry Committees
The Minister establishes Industry Workplace Occupational Health and Safety Committees of independent expertise such as Building, Manufacturing or Aviation.
These committees advise the Workplace/Occupational Health and Safety Council on recommendations on changes and policy matters
Workplace Health and Safety Inspectors
These inspectors are employed by the Department and offer expertise in safety matters.
Inspectors have wide ranging powers to inspect workplaces and assist Workplace Occupational Health and Safety Representatives and Employers to improve safety standards.
Their duties include the investigation and reporting of workplace accidents, incidents and near misses.
These inspectors are employed by the Department and offer expertise in safety matters.
Inspectors have wide ranging powers to inspect workplaces and assist Workplace Occupational Health and Safety Representatives and Employers to improve safety standards.
Their duties include the investigation and reporting of workplace accidents, incidents and near misses.
Australian Standards
These standards are critical to Occupational Health and Safety as they guarantee safe manufacturing of products and machinery.
They also specify the minimum safe work procedures and practices when undertaking defined work tasks.
Like the regulations, they further identify methods of complying with the legislation
Codes of Practice
More general information on what are considered and accepted safe work practices within an industry, profession or in high risk cases, specific tasks.
They are not law, however will be considered as evidence in a Court, inquiry or investigation as evidence as what constitutes an acceptable industry practice.
Obligations of Employers, Employees and Others
Each of us has a responsibility in the workplace to keep safe.
Keep safe ourselves, keep safe workmates and keep safe the general public or anyone who comes into or is affected by the workplace.
Practical examples of meeting your duty of care responsibilities include:
- observing all legal requirements regarding health and safety
- resourcing and implementing health and safety procedures and programs
- planning to do all work safely
- making sure that all work is conducted without risk to workers’ health and safety
- identifying health and safety training required for an activity
- ensuring workers undertake appropriate and specific safety training
- consulting workers about health and safety
- investigating hazard reports and making sure corrective actions are undertaken
- making sure workers can quickly receive and respond to information regarding incidents, hazards and risks.
Employees have identified and defined responsibilities and the law imposes obligations on employees to:
- Comply to the instructions given for workplace health and safety
- use appropriately all personal protective equipment
- not interfere with or misuse anything provided for workplace health and safety
- not place at risk any person at the workplace
- not willfully injure themselves
The responsibilities of others include:
- Must not willfully or recklessly interfere with anything provided in the interest of health and safety
- Adhere to safety directions given by the workplace principal or their representatives for the workplace concerned
The above represents our moral and lawful obligation or our Duty of Care to health and safety.
8.1 OWNER BUILDER and SITE SAFETY INDUCTION
It is the responsibility of the Owner Builder to ensure all persons working on, delivering to or visiting the site, have been appropriately inducted onto the site and are aware of the hazards, controls and emergency procedures relating the site.
It is a requirement that all people attending any construction site, have completed a General Site Safety Induction Course - provided by a Registered Training Organisation, or accredited provider, and are in possession of their “Green Card”
We have allowed for a register of all site entrants, to be recorded on the Work Place Plan Proforma.
Ensure all hazards specific or peculiar to your site a well known to all who enter the site for whatever purpose.
Owner Builder Safety
8.2 OWNER BUILDER WORKPLACE PLANS
Construction Workplace Planning
The following Construction Workplace Plan is adapted from the sample proforma available on the workplace health and safety website.
It is provided as the basis upon which a suitable Workplace Construction Plan may be produced which identifies the hazards, risks and controls specific to your project.
It is intended to assist the Owner Builder to interpret the requirements of the WH & S Regulation 1997 as amended and is supplied as a reference tool.
The format and guidelines follow the sample provided on the Workplace Health and Safety Website and is typical of a plan suitable for use in respect a domestic dwelling constructed in accordance with accepted and standard building practice.
NOTE:
It is important that you understand that every site is different and that as the Owner Builder you are responsible for identifying hazards, controlling risks and monitoring the ongoing effectiveness of the strategies employed.
No two projects are the same and the best way to maintain a safe site is continual reassessment.
Use this profoma to develop your specific workplace plan and as necessary consult the WH & S website for further information:
www.safework.nsw.gov.au
Owner Builder Construction Workplace Safety Planning
Remember the process for safe work practices.
Risk Assessment for Owner Builders
Definition of a Construction Workplace Plan:
“workplace construction plan” is a plan which identifies a specific construction site and states:
a) the hazards to health or safety that the person responsible for producing the plan has identified as generic or specific to the related construction workplace.
b) the assessment of the risks that may result from the identified hazards.
c) the control measures being used or proposed to be used to prevent or minimize the level of risk.
d) the process by which all measures implemented shall be monitored and reviewed for effectiveness.
e) the method of reporting additional hazards as they are identified.
The plan shall also include:
a) a description of the works
b) the name and address of the principal contractor, responsible person or the owner builder.
c) the date the plan was produced and of any subsequent amendments.
The plan will be written in such a way as to be easily understood by all persons who are affected by the plan and have cause to be familiar with its contents.
Work Method Statements
Work Method Statements are required for all works which involve high risk activities such as working in confined spaces, working at heights, removal of asbestos, working in trenches greater than 1.5 meters deep etc.
These must be produced by the individual contractors who are engaged to perform the works and shall be submitted to the principal contractor.
As the owner builder (principal contractor), you must retain a copy in the project file for the duration of the project.
A Work Method Statement Proforma is included in this section of the Project Management System.
Risk Control
Risk control is the process of eliminating or reducing the risk factors.
Control measures must be chosen and implemented to eliminate or reduce the risks as far as possible.
In deciding on the most appropriate measure to be used practicality and availability of the control measure must be considered.
The following control measures are listed in order from most to least effective or desirable:
1) Eliminate the hazard
2) Substitute, modify or isolate the risk
3) Engineer a control
4) Administer a control
5) Use Personal Protective Equipment
“workplace construction plan” is a plan which identifies a specific construction site and states:
a) the hazards to health or safety that the person responsible for producing the plan has identified as generic or specific to the related construction workplace.
b) the assessment of the risks that may result from the identified hazards.
c) the control measures being used or proposed to be used to prevent or minimize the level of risk.
d) the process by which all measures implemented shall be monitored and reviewed for effectiveness.
e) the method of reporting additional hazards as they are identified.
The plan shall also include:
a) a description of the works
b) the name and address of the principal contractor, responsible person or the owner builder.
c) the date the plan was produced and of any subsequent amendments.
The plan will be written in such a way as to be easily understood by all persons who are affected by the plan and have cause to be familiar with its contents.
Work Method Statements
Work Method Statements are required for all works which involve high risk activities such as working in confined spaces, working at heights, removal of asbestos, working in trenches greater than 1.5 meters deep etc.
These must be produced by the individual contractors who are engaged to perform the works and shall be submitted to the principal contractor.
As the owner builder (principal contractor), you must retain a copy in the project file for the duration of the project.
A Work Method Statement Proforma is included in this section of the Project Management System.
Risk Control
Risk control is the process of eliminating or reducing the risk factors.
Control measures must be chosen and implemented to eliminate or reduce the risks as far as possible.
In deciding on the most appropriate measure to be used practicality and availability of the control measure must be considered.
The following control measures are listed in order from most to least effective or desirable:
1) Eliminate the hazard
2) Substitute, modify or isolate the risk
3) Engineer a control
4) Administer a control
5) Use Personal Protective Equipment
Owner Builder - High Risk Activities
A Work Method Statement is required for all high risk activities and should clearly identify the works to be carried out and the controls implemented to mitigate or remove the risk.
Details will include:
A sample Work Method Statement is included in .pdf format, accessible from the resources download page on the website.
Details will include:
- Company or Contractor Details
- ABN if applicable
- Site Address
- Planned or proposed High Risk Activity
- Task Hazard or Risk
- Method of Control
- Provisions for monitoring control measures
A sample Work Method Statement is included in .pdf format, accessible from the resources download page on the website.
8.4 OWNER BUILDER EMERGENCY RESPONSE
Owner Builders must identify and have readily accessible contact information for emergency services and or response appropriate to you construction site.
This is allowed for in the workplace plan proforma and is provided as a guide for you to establish an Emergency Response Guide, specific to your site.
As a minimum you will need to identify and have accessible the following information:
This is allowed for in the workplace plan proforma and is provided as a guide for you to establish an Emergency Response Guide, specific to your site.
As a minimum you will need to identify and have accessible the following information:
- Emergency Contact Numbers
- Hospital
- Fire
- Ambulance
- Police
- Doctor
- Gas
- Electricity
- Water
- Emergency Muster Points
- Location of First Aid Kits
- Details of On Site First Aiders
8.5 OWNER BUILDERS and the CLEAN SITE PRINCIPAL
We cannot stress how important it is to maintain a clean and safe site.
A clean site is required by OHS laws and you can be heavily fined if you are found to be in breach of accepted practice.
A clean and well organized site is more efficient, increases productivity and minimises the risk of injury to workers or visitors to the site.
Owner Building Solutions Australia recommends the following steps be followed to establish and maintain a clean site:
- Set aside and area for the collection and storage of all waste materials, ideally fenced off or somehow quarantined from the rest of the site in an area which is out of the way and will not impede traffic or progress of the site.
- Identify the allocated area to all contractors and reinforce regularly, their obligations and responsibilities in respect to maintaining the site appropriately. (A well written contract or specification will establish these principles)
- Be disciplined and establish a set and regular routine for site inspection and cleaning.
- Have where possible, trade contractors remove from site their own waste materials.
- Maintain the collection area and remove waste materials from site on a regular basis so as not to overload the onsite waste area.
- Use appropriate guards, shields, barricades, hoardings, retention devices and signage to prevent injury to all site attendees
8.6 OWNER BUILDERS and SIGNAGE
Any person carrying out building works under an Owner Builders Permit must display a sign in a prominent position on the building site.
The sign must provide details of the permit holders name and the owner builders permit number.
The sign must have a minimum surface area of 0.5m².
Failure to erect and display a complying sign could result in prosecution under the provisions pf the Act and a fine of up to $1500.00.
Additionally, the Owner Builder must ensure that the appropriate danger, warning and advisory signs are displayed throughout the construction.
A sample of the signs which may be required are indicated in the picture below.
Owner Builder Signage
8.7 OWNER BUILDERS and INCIDENT REPORTING
OWNER BUILDER INCIDENT REPORTING
8.8 OWNER BUILDERRISK MANAGEMENT CODE of PRACTISE
The Risk Management Code of Practise is a cross industry standard which identifies and establishes sound management and principles for identifying and assessing risk.
A full text copy of the standard is accessible from the resources download page on the website and is intended a reference material and further reading only.
9.0 OWNER BUILDER HANDY HINTS
9.1 KNOWN PROBLEM AREAS
For each of the various trades and services you need to identify problems as they are occurring.
It is important to inspect works prior to making progress or final payments.
Following are several trade specific areas that should be considered and inspected prior to remittance of any monies.
- Plumber
Check lagging on hot water pipes
Check location of all fixtures and tapware is as per the plans and specifications
Sight the final inspection certificates and certifications as applicable
- Electrician
Check all required certifications, approvals and inspections are complete
- Plasterer
Check joints are not in line with noggings
Check sanding and finishing is complete to a satisfactory standard
- Tiler
Check grout is true and consistent
Check trims and covers or edges are correctly fixed
- Carpenter
Check bracing is installed as per the plans and specifications
Check for all required inspections and certifications
Check where possible fastenings and fixings are adequate
9.2 DELIVERY & STORAGE
Delivery and storage of materials on site will largely be the Owner Builders responsibility.
Two primary considerations:
- Neatness, organisation and access to stored materials which is directly related to the safe and efficient operation of the site.
Make certain the materials do not protrude into work or pedestrian areas and try to minimise ‘double handling’ of stored items.
- Weather protection of the stored materials.
Wood products in particular require special attention when considering storage for future use, moisture content in timbers makes for considerable warping, twisting, shrinkage and distortion which can make the section unusable.
Consider the use of a site shed which is lockable if you intend to retain any valuable equipment, plant or materials on site.
Theft is considerable on building sites, and only well thought out security and storage procedures will minimise your exposure.
9.3 MATERIAL DEFECTS
Check carefully all materials delivered to your site for damage and ensure the order is correctly filled.
You will be required to sign for receipt of the goods, this constitutes your acceptance of the order as complete, undamaged and correct.
It is too late after the event to complain about the quality or contents of a delivery.
Photographing damage at the time of delivery is often helpful in supporting a claim for damaged goods or defect materials.
9.4 CONFLICT RESOLUTION
As the Owner Builder you will no doubt at some stage be involved in a minor or major dispute which will need your negotiating and communicating skills to resolve.
The best cure of course is prevention.
This can usually be achieved through demonstration of a sound understanding of the terms and conditions of your contract.
In short make certain from the start that your expectations are identified, documented and clearly understood by the associated trade contractor, supplier or consultant.
Sometimes, unfortunately, even with all the best intentions you will end up in dispute or conflict with one or more contractors.
Our best advice in this situation is to call a meeting with the parties involved, work through the issues in a calm, rational and professional manner.
Try to not let emotions play a part in the discussions.
Generally, most issues can be resolved in this way and will result in an acceptable outcome for all concerned.
If agreement or accord cannot be reached, you will need to have the matter settled by a third party.
You could agree to an independent consultant or subject matter expert to assist or you may choose to have the matter dealt with by a building tribunal or the Department of Fair Trading.
You do have access to have the matter heard by the Consumer Tribunal, visit the Department of Fair Trading website to get more information, the process and applicable fees.
9.5 SCREEN SHOT TUTORIALS
We have provided several interactive training videos for the use of specific proforma and spreadsheets included from the resources download page on the website.
The tutorials cover:
- Estimating Sheets (Section 2.5)
- Tendering Schedule (Section 4.3)
- Variations (Section 5.5)
- Cash Book (Section 5.6)
- File Structure (Section 5.10)
- Participant Register (Section 5.12)
- Construction Schedule (Section 6.2)
Each of the above has reference text included in the appropriate section of this manual as indicated in brackets next to the items above.
The Screen Shot Tutorials are accessed from the resources download page on the website and are in a movie format which is viewable in windows media player.
The tutorials show the actions required on the computer to access, view, enter date, print, save and store the various forms.