Australia:
ACT Construction Safety Update - Inquiry to Improvement
08 May 2013
Norton Rose Fulbright Australia
To print this article, all you need is to be registered or login on Mondaq.com.
Introduction
In 2012, the Australian Capital Territory (ACT)
had the highest rate of workplace injury in all of Australia with 1
in 40 workers likely to sustain a serious workplace injury.
Tragically, 4 workers lost their lives, prompting an industry
inquiry into ACT construction safety.
In 2012, the ACT Government commissioned an independent inquiry
into workplace health and safety (WHS) regarding
the ACT construction industry (Inquiry). The
Inquiry was established in September 2012 to investigate compliance
with, and the application of, WHS laws in the ACT construction
industry, following the fourth workplace death in less than a
year.
The results of the Inquiry were released in the Getting Home
Safely Report (Report) which found that a
substantial overhaul of safety culture across the ACT construction
industry was required to facilitate change and reduce workplace
deaths and serious injury.
The Report, released on 26 November 2012 identified a number of
factors contributing to the ACT's distressing workplace safety
statistics, including:
- a culture of complacency – accepting of the incidence and
inevitability of workplace injury;
- the burden of additional safety compliance costs in an already
competitive industry;
- pressures to complete work within budget and time
constraints;
- lack of training and education and an overemphasis on
paperwork; and
- a fundamental misunderstanding of how to identify, assess and
control risks.
The Report found that systemic reforms are required across the
construction sector and industry bodies. The Report made 28
recommendations to improve workplace safety summarised as
follows:
Sector |
Recommendations |
ACT Government |
- Review powers and responsibilities with the ATO, Fair Work
Australia and other Agencies to eradicate sham contracting
practices
- Consider powers and responsibilities under ACT workers
compensation legislation and use data for assessing work safety
compliance
- Champion a national approach to registration of engineers
- Provide input into White Card training and review all current
training arrangements
- Increase infringement provisions and publish notices
- Collaborate and co-ordinate worksite targets and enforcement
systems
- Develop and implement Shared Services Procurements 'active
certification'
- Incorporate safety considerations into tender selection
processes
|
Safe Work Australia |
- Work with industry to develop training and information across
jurisdictions, including training for health and safety committee
members
|
ACT Building and Construction Industry Training Fund
Authority |
- Align subsidisation of training costs with high priority
areas
|
WorkSafe ACT (also the Regulator) |
- Develop training and guidance for all levels within industry on
risk management
- Provide education and enforcement activities
- 12 new inspector positions and possibly 2 legal staff for
prosecutions
|
Master Builders Association (MBA)
and Housing Industry Association (HIA) |
- Promote safety culture on worksites
- Work with the Office of the Federal Safety Commissioner and
employers to prioritise practical safety initiatives over
paperwork
- Lead the development of clear frameworks for safety management
on worksites, including allocation of responsibility for oversight
of safety
- Recommend minimum competencies and training
- Investigate viability of cadetship program for construction
industry project managers
|
Principal contractors |
- Place a greater emphasis on induction
- Accept responsibility for conduct of subcontractors, and impose
appropriate safety requirements for size of subcontractor
|
Unions |
- Provide education and guidance on toolbox talks and
induction
|
Steps towards improvement
Despite the rejection of two key recommendations from lead
industry player, MBA in March 2013 (concerning the development of
safety frameworks on ACT construction sites, and provision of
guidance on responsibility for oversighting safety, minimum
training and competency requirements), momentum towards change is
developing pace:
Organisation |
Action |
ACT Government |
- Accepted all recommendations within the Report in Feb 2013
- Has committed to establishing an Industrial Magistrates Court
in the ACT
|
MBA |
- Has stated it is considering engaging a dedicated WHS expert to
promote cultural change
- Is considering introducing random impairment testing on
construction sites
|
HIA |
- Is working on producing a set of national housing code of
practice guidelines to target safety
|
National workers compensation insurer, GIO |
- Announced in March 2013 that it was likely to pass the cost of
new levies to improve construction industry safety in the ACT on to
employers
|
ACT WorkSafe |
- Has scheduled the 2013 Work Safety Conference
'Building Safety - Bridging the Gap' on 1-2 June
2013. The Conference will build on the findings and reinforce the
learning from the Report for the construction industry.
- Norton Rose Australia's Occupational Health Safety and
Security (OHSS) team will be conducting a mock
court hearing at the 2013 Work Safety Conference
'Building Safety - Bridging the Gap'. The hearing
will be moderated by Alena Titterton, Special Counsel in the
Canberra OHSS team, and is designed to illustrate the legal
ramifications which a company and its directors may face if charged
with breaches of the WHS Act in the aftermath of a construction
industry workplace tragedy.
|
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Real Estate and Construction from Australia