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Work health and safety laws: frequently asked questions

In the lead up to and following implementation of the Work Health and Safety Act 2011 (PDF, 1.42 MB) (the Act) and the Work Health and Safety Regulation 2011 (PDF, 2.53 MB) (the Regulation), Workplace Health and Safety Queensland liaised with construction industry employers, workers, unions and employer groups. Here are the answers to the questions most frequently asked by industry.

The legislation, as well as detailed guidance, films, factsheets, presentations and other resources can be downloaded from www.worksafe.qld.gov.au.

What is demolition work and when is a licence required?

Answer

Demolition work under the Regulation means any work to demolish or dismantle a structure, or part of a structure, that is load bearing or otherwise related to the physical integrity of the structure.

A person conducting a business or undertaking must hold a licence to carry out certain demolition work.

The scope of demolition work requiring a licence is intended to remain the same as the demolition work that required a certificate under the repealed WHS legislation. Therefore, a demolition licence is required for the following demolition work:

Demolition work does not include:

For more, read Legislative guide - demolition work licences (LG-DW1) (PDF, 100 kB)

In addition, a PCBU who proposes to carry out any of the following demolition work must ensure that written notice is given to Workplace Health and Safety Queensland (under section 142 of the Regulation) at least five days before the work commences:

  1. demolition of a structure, or a part of a structure that is load-bearing or otherwise related to the physical integrity of the structure, that is at least 6m in height
  2. demolition work involving load-shifting machinery on a suspended floor
  3. demolition work involving explosives.

What information are designers of structures required to provide under s22 of the Act?

Answer

Designer's duties under section 22 of the Act are very similar to those under the old legislation. Designers have always had a duty to ensure that the design of a structure does not affect the health and safety of people both during the construction phase and in the later use of the structure for which it has been designed.

However, the Act requires designers to give adequate information to each person who is provided with the design with regard to:

The designer must also, so far as is reasonably practicable, provide this information to any person who carries out activities in relation to the structure if requested.

Key information identified in the design phase about hazards and action taken or required to control risks should be recorded and communicated to those involved with the later construction, maintenance and deconstruction phases of the structure. Communicating this information to other duty holders will make them aware of any residual risks and minimise the likelihood of safety features incorporated into the design being altered or removed by those engaged in subsequent work on or around the building or structure.

The Act requires designers to give adequate information to each person who is provided with the design, with regard to:

The designer must also, so far as is reasonably practicable, provide this information to any person who carries out activities in relation to the structure if requested.

Points for designers to consider when providing information include making notes on drawings, as these will be immediately available to construction workers, and providing information on significant hazards, as well as on:

Designers of structures may also be required to provide a written safety report to the person that commissioned the design. Legislative guide - designer written report for a structure (LG-DR1)(PDF, 104 kB), provides guidance on when a report is required.

Is operating a concrete placing pump boom a suspended load and are people, workers or others allowed to stand under it?

Answer

A concrete placing boom is not considered a freely suspended load and is therefore not subject to the specific control requirements that apply to freely suspended loads.

However, under s55 of the Regulation, a person conducting a business or undertaking (PCBU) must ensure adequate protection against the risk of falling objects, including falling structures or plant. The operation of a concrete placement boom places workers and others in the immediate vicinity at risk should the boom collapse or otherwise fail.

It is good practice to implement an exclusion zone so that anyone not involved in the concrete pour is not in the delivery hose area, preventing them from being under the boom or in an area where the boom and its attachments may fall on them.

Where workers are required to be within the exclusion zone, the PCBU must put in place controls to minimise the risk to these workers. This could include things such as well maintained machinery, pre-operational checks, spotters, escape routes, well trained competent operators, and a well organised, tidy workplace.

For more information refer to AS 2549–1996: Cranes (including hoists and winches) – Glossary of terms, the Concrete Pumping Code of Practice 2005 and the WHSQ safety alert Hose whip on concrete pumps.

Is an engineer utilising a swing stage scaffold to undertake inspections of the outside of a structure required to complete the Course in the safe use of swing stage scaffold?

Answer

No. The users (being the workers who operate the hoist) of the swing stage scaffold must complete the Course in the safe use of swing stage scaffold (non-Queensland Government link). It would be expected that there are two users in the stage operating the hoists and the engineer would be a third person. Prior to performing this work, it must be determined that the weight of three people in the stage does not exceed the safe working load (SWL) of the stage.

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Queensland's new work health and safety laws