2.Construction and maintenance work#

2.1Introduction#

The the WHS Regulation defines construction work on, or adjacent to, a road, as high risk construction work. A project that involves construction work where the cost is more than $250 000 is a construction project. A person conducting a business or undertaking (PCBU) that commissions a construction project is the principal contractor for the project. However, this person may choose to appoint another PCBU as principal contractor for the construction project and authorise that person to have management or control of the workplace and to discharge the duties of a principal contractor. The principal contractor has additional requirements under the WHS Regulation to those of a PCBU conducting high risk construction work. The information contained in this section will assist principal contractors and PCBUs to identify these requirements.

2.2Principal contractors for construction projects#

The following list of requirements is not exhaustive, and reference should be made to the WHS Act and the WHS Regulation for all the duties of principal contractors. As a principal contractor is also a PCBU, the principal contractor must also comply with the duties of a PCBU.

Principal contractors performing construction work on roads or road-related areas must:

prepare a written WHS management plan, in accordance with the WHS Regulation before work on the project starts
ensure that each person who is to carry out construction work in connection with the project is informed about the WHS management plan
keep a copy of the WHS plan for the project in accordance with the WHS Regulation
take all reasonable steps to obtain a copy of the safe work method statement relating to high risk construction work before the high risk construction work starts.

The preparation of a traffic management plan or traffic guidance scheme, in accordance with the requirements and recommendations of the MUTCD Part 3, should form part of, or an attachment to, the WHS management plan.

2.3PCBUs for construction work#

A PCBU for high risk construction work must ensure a safe work method statement is prepared for the work. The safe work method statement is a written statement prepared by, or under the direction of, the PCBU, that in part:

identifies work that is high risk construction work
specifies hazards relating to high risk construction work and risks to health and safety associated with those hazards
describes the measures to be implemented to control the risks
describes how the control measures will be implemented, monitored and reviewed.

A safe work method statement for high risk construction work may be a generic safe work method statement prepared for workplaces, where the activity is to be performed in the same way, in the same or similar circumstances. As traffic controllers are performing high risk construction work, a safe work method statement must also be prepared for that work. Reference should also be made to the WHS Regulation that outlines the requirements for safe work method statements. A sample safe work method statement for work on, or adjacent to, a road, is contained in Appendix 2.

2.4PCBUs for maintenance work#

The PCBU is not required to complete safe work method statements for work other than construction work on roads or road-related areas, but is still required to manage the health and safety of their workers.

A PCBU has a duty to ensure the health and safety of workers, so far as is reasonably practicable. PCBUs also have the same duty of care to any other people who may be at risk from work carried out by the business.

The How to manage work health and safety risks Code of Practice provides practical guidance for persons who have duties under the WHS Act to manage risks to health and safety.

2.5Workers and other persons#

Workers and other persons at a workplace also have the following duties at work under the WHS Act:

to take reasonable care for their own health and safety and that of others who may be affected by their actions or omissions
to comply and cooperate with any reasonable instructions given by the PCBU and any reasonable policy or procedure of the PCBU to comply with the WHS Act or WHS Regulation.