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Changes for workplace health and safety as a result of the Amendment Act

There are a range of implications for workplace health and safety as a result of the Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2005 (PDF, 748 KB).

From 2 November 2005:

the term ‘construction workplace’ no longer exists, however the requirements for appointment of a principal contractor has not changed;
the definition of ‘construction work’ has been changed. The new definition:

includes elements of the former definition of ‘building work’ (which is repealed as a consequential amendment) and components of the definition from the National Standard for Construction Work
includes prescribed activities (demolition work and asbestos removal work)
incorporates reference to a new definition of a ‘structure’, which includes elements of the former definition of ‘civil construction work’ (which is repealed as a consequential amendment) and components of the definition from the National Standard for Construction Work.

Activities such as renovations, repairs or refurbishment will now be captured in the new definition of ‘construction work’ and as such employers conducting this type of work will need to comply with relevant construction legislation;
if you conduct demolition work or asbestos removal work (prescribed activities) you are now considered to be undertaking ‘construction work’;
if you are the ‘owner’ of an item of plant you must ensure that it is maintained in a condition that ensures the plant is safe, and without risk to health, when used properly (previously this obligation only applied to owners of specified high risk plant);
the sections relating to obligations as an employer, self-employed person or person who conducts a business or undertaking (whether or not as an employer or self-employed persons) have been consolidated into one new section titled ‘Obligations of persons conducting business or undertaking’;
where a regulation does not prescribe how to manage risks in the workplace you must manage the exposure to risk by using the risk management methodology. In addition, this includes use of the hierarchy of control in determining the most appropriate and practicable control measure and combination of control measures in any given situation;
inspectors have a right of entry to any place where a prescribed activity (demolition work or asbestos removal work) is being undertaken; and
inspectors have the ability to access documents held by third parties, for example, maintenance records held by a mechanic rather than the obligation holder.

The amendment Act also contains a number of new provisions to be introduced into the Act in line with the National Standard for Construction Work. These provisions commence on proclamation (date to be fixed) and include the introduction of new and amended obligations for clients, designers of structures, project managers and principal contractors.

Last updated July 21, 2009