Update

The Victorian Government recently released new construction safety regulations as part of the Occupational Health and Safety Regulations 2007 (Regulations). The new construction regulations will commence on 1 July 2008.

The Regulation defines “Construction Work” to include any “work performed in connection with the construction, alteration, conversion, fitting out, commissioning, renovation, refurbishment, decommissioning or demolition of any building or structure, or any similar activity”. This is obviously a very broad definition so the Regulations will have application to all forms of construction work in Victoria.

The key components of the new construction regulations are as follows:

• Risk Management: Employers involved in construction work are required to eliminate any risk to health or safety associated with such work or, if not practicable, to reduce risk to the extent reasonably practicable. The Regulations prescribe a hierarchy of ways to control such risks.
• Safe Work Method Statements: Employers involved in “high risk construction work” (as defined in the Regulations) must prepare Safe Work Method Statements (SWMS) including the details prescribed by the Regulations for the work and ensure that work is carried out in accordance with the SWMS. A SWMS must be reviewed if there is a change to the work in question or where it appears that risk control measures are inadequate (including after any incident).
• Induction certification: Construction Induction Cards (CIC) will be required for all employees conducting construction work. Employers will be able to register their employees for CICs from 1 January 2008.
• Construction Excavation work: The Regulations require an employer to notify the Victorian WorkCover Authority if they intend to perform certain forms of excavation work identified in the Regulations.
• Principal Contractor provisions: The Regulations introduce principal contractor provisions for construction projects valued in excess of $250,000. The owner of a site where construction work is being carried out is deemed to be the principal contractor of a construction project unless they appoint another person and authorise them to manage and control the workplace. Principal contractors are required to:

A breach of the Regulations may result in the imposition of a financial penalty. There are two levels of penalty available for a breach of the Regulations.

• A breach of any provision of the Regulations marked with an Act compliance note is treated as a breach of the Act and prosecuted accordingly. The maximum penalty for a breach of these provisions is $966,000.
• Breaches of the administrative provisions of the Regulations attract maximum fines ranging between $30,000 and $50,000.