The building and construction industry is heavily regulated by Work Health and Safety (OH&S). On January 1st, 2012 Safe Work Australia began the implementation of a new harmonised national model for Work Health and Safety (OHS). If you are a licensed builder or work for a licensed builder then this impacts you. It would be wise for you to be aware of the changes, and implement the new practices where required.

The best site for information on the new model is:
Safe Work Australia Website

Safe Work Australia has a guide to the new regulations that you can download from their website:
Safe Work Australia WHS Regulations

There are transitional arrangements for the regulations and these have been developed as a set of principles that set out how existing WH&S (OHS) regulations will change and move to the new harmonised system. Again these are available for download:
Safe Work Australia Transitional Arrangements

The changes to the regulations will affect everyone in different ways. In the past there have been different WH&S (OHS) regulations in each state. So depending on which state you reside in the changes may be minor or major.

A very brief recap of the changes that might impact you as a licensed builder or someone working under contract to a licensed builder are:

1. The new act has a broader definition of what is a “worker” and work environments.
2. The new act makes it clear that company officers have a defined obligation to exercise due diligence in relation to duty of care.
3. Unions will no longer have any rights or power to prosecute for an WH&S (OHS) offence. Unions will also have their rights of entry to a workplace redefined for WH&S (OHS) matters.
4. New guidelines will be implemented in relation to employee consultation requirements.
5. Incident notification procedures will be harmonised across all states and territories with strict guidelines for all employers and principle contractors.
6. The role and actions of regulators and inspectors will be made consistent across all states and territories and there will be changes that include a new Code of Practice.

If you are in the industry and haven’t already, then now is the time for a full review of your current policies and procedures. Then consider and implement the changes required to comply with the new Act. The transitional period will be temporary and you could be liable and responsible for the changes.

Occupational Health and Safety impacts the building industry at every point. We are all aware of how difficult it is to comply and in particular how to manage compliance across different state boundaries.

Currently all states, territories and the Commonwealth are responsible for making and enforcing their own health and safety laws. Although these laws are similar in foundation and approach they are different in how they apply in the workplace.

As builders and trades people, how are we affected by these inconsistent laws?

• They cause confusion and frustration because they create opposing environments and safety standards across jurisdictions. 
• They lead to duplication and inefficient work practices that chew up valuable time and resources within our businesses.
• There has been quite a bit of news over the last couple of years about industry calls for greater national consistency in the area of OH&S (WHS). In response the Commonwealth and State Governments have finally agreed on a framework and will implement a nationally consistent OHS (WHS) legislation platform commencing on the 1st of January, 2012.

The model will be one in which the Governments will be responsible for making and enforcing the laws which are set down in the legislation within their jurisdictions. However the laws themselves will be harmonised (made consistent) so that the jurisdiction will not determine the difference in the law.

The benefits to the building and construction industry from the introduction of the Harmonised OHS (WHS) legislation will be positive progress for our industry. Some of these benefits will include:

• A uniform, effective and equitable safety standard and protection system for all workers in the building and construction industry. 
• All jurisdictions will apply the same compliance and regulatory standards so that licenced building companies can operate under one OHS (WHS) system regardless of the jurisdiction. 
• The interaction between government agencies and the building industry will be more efficient and consistent. 
• There should be a significant and continual improvement in workplace safety within the building and construction industry, resulting in lowering incidents of injury and death on our work sites.

We will continue to cover this in more detail in coming months as we lead up to the introduction of the legislation framework in early 2012.

For more information visit the QLD Govt Website that sets out the Harmonisation process in more detail. 

There are many other sites (Govt and Non-Govt) that are putting information out there into industry sectors. Please seek out this information and begin planning for the new rules. Your business will benefit.

If you or your staff need specific training in Occupational Health and Safety then please contact us or visit Cert IV in Occupational Health and Safety.

The building and construction industry consistently ranks within the three most dangerous and hazardous industries, alongside the mining and transport industries. In 2001-02 39 people were killed and 13,250 were injured in our industry. Clearly it is a matter of priority to maintain vigilant standards of OH&S througout every area of the industry considering the number of injuries involved. The interesting thing about this particular study is the relevance of the concept of a Safety Culture.

Put simply, a safety culture is an attitude, a state of mind that requires leadership and determination. If you work on a building site then you are individually responsible for safety and for leadership. It doesn’t matter what your role or position is. If everyone takes a proactive approach to their responsibility and to the encouragement of others then the culture becomes self fulfilling and progress can be made.

Next time you are on site ask yourself these simple OH&S questions:

1. Does a positive safety culture exist on this construction site?

2. If not, then why not?

3. If not, what are you going to do about it?

4. If there is a strong safety culture on your building site then why does it exist? What can you learn from what is
happening around you that you can take to the next building site?

One of the interpretations of the study indicated that there were three important personal characteristics that underlie a positive safety culture within the building and construction industry:

a. A strong knowledge of safety.
b. Good people and interpersonal skills.
c. Appropriate attitudes and beliefs.

Look at developing these three characteristics within yourself and helping others whom you work with to do so as well. You never know, it could save a life.

For more about OH&S Training in the Building and Construction Industry give us a call to discuss your needs or the needs of your company. Developing a strong knowledge of safety is the first step in developing a positive safety culture.