Mallesons Stephen Jaques

Geoff Wood  
Partner

Melbourne
Peter Megens  

Canberra
Chris Wheeler  


Construction safety focuses on clients

Following on from the establishment of the Australian Government OHS Accreditation Scheme, the Federal Safety Commissioner has developed a set of safety principles to encourage industry participants to demonstrate a real commitment to sustained improvement in OHS outcomes in the building and construction industry.

Federal Safety Commissioner’s Safety Principles

On 29 September 2006, the Hon Kevin Andrews, Minister for Employment and Workplace Relations announced the release of The Federal Safety Commissioner’s Safety Principles and Guidance - A practical guide for improving OHS in the building and construction industry (FSC’s Safety Principles).

The eight broad principles of the FSC’s Safety Principles provide a practical guideline aimed at improving OHS in the building and construction industry and developing national consistency in OHS practices.

The FSC’s Safety Principles are set out below.

Principle 1

Industry participants should demonstrate a tangible commitment to developing a safety culture within their companies and across the building and construction industry.

Principle 2

Clients (Principals) should demonstrate OHS leadership at all stages of the construction process by acting as exemplars in their relationships with other industry participants.

Principle 3

Industry participants should strive to develop cooperative business relationships to ensure that time, cost and quality objectives do not compromise a commitment to OHS.

Principle 4

Industry participants should ensure that safe design and constructability is considered at the planning and procurement stages to reduce or eliminate hazards and control risks before construction commences.

Principle 5

Industry participants should ensure that effective consultation and communication arrangements are in place so that all parties are aware of OHS considerations and of their responsibilities.

Principle 6

Industry participants should ensure that a systematic approach is taken to the management of OHS risks and hazards.

Principle 7

Industry participants should ensure they maintain effective OHS measures across the construction project life cycle and are able to respond to changes in the construction environment.

Principle 8

Industry participants should monitor, report and benchmark OHS at the site, project and company levels to improve and compare OHS performance.

OHS responsibilities of Clients

While the FSC’s Safety Principles are broadly expressed as applying to all industry participants (including clients), a number of the principles are of particular relevance to clients. These include:

  • Principle 1 places particular emphasis on the need for a demonstrated senior management commitment to OHS. This includes:

 

- allocating OHS responsibility to senior management at the board level;
- involving senior management in OHS consultative forums; and
- providing appropriate time and resources to promote and improve OHS performance.

  • Principle 2 demonstrates a recognition of the influence that clients in the industry have on OHS practices and accordingly clients are now expected to take greater responsibility for OHS practices. This includes by:

 

- including OHS as a distinct and important component of procurement planning and tender assessment;
- establishing clear OHS expectations and standards of performance;
- actively assessing and monitoring OHS risks in their projects; and
- incorporating OHS considerations at every level and at every stage of a construction project.

  • Principle 3 emphasises the importance of not displacing OHS imperatives as a result of striving to satisfy time, cost and quality objectives. Instead industry participants are encouraged to develop cooperative business relationships (particularly in relation to delays and variations) to ensure that there is sufficient time available to complete work safely.

At this early stage it remains to be seen as to how the FSC’s Safety Principles will be adopted by the building and construction industry. Despite this it can be expected that the Australian Government will use its leverage as a major construction client to give effect to the principles, both in its own practices and in its requirements of those, with whom it contracts.

This publication is only a general outline. It is not legal advice. You should seek professional advice before taking any action based on its contents.