How can you easily and inexpensively meet your Occupational Health & Safety obligations for the common property of your strata schemes?

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1 How can you easily and inexpensively meet your Occupational Health & Safety obligations for the common property of your strata schemes? OH & S Summary of Legislation & Obligations When an executive committee member asks you an OH&S question you need to have the answer at hand This document will show you what obligations you and your Owners Corporations have and how to meet your OH&S obligations simply and inexpensively OH&S is an issue that cannot afford to be disregarded by Owners Corporations or Strata Managers as ignorance only compounds your risk Invest five minutes here to find out more SAVE TIME AND GET THE BEST OUT OF THIS DOCUMENT 1. Scan through the Table of Contents to quickly find the answers you need 2. Read the Risk Management plan at its end

2 TABLE OF CONTENTS Executive Summary... 2 What are your two areas of risk?... 2 The common property workplace... 2 What are the strategies currently being suggested?... 5 The Residential Exemption... 5 What do you need to do to meet your obligations?... 6 Contractors... 8 Your Smart Risk Management Plan What is the service we offer?... 9 Appendix One... 9 Appendix Two Executive Summary What do you actually have to do to meet your OH&S obligations? What impact does the ineffective residential exemption have on my OH&S obligations? What do I need to do to manage my contractors? So many questions! Well here are some simple answers to give you a workable approach that identifies your OH&S risks and takes care of them with common sense. After completing over 16,000 OH&S reports and over 88,000 strata reports we have some well researched and proven information to share with you. What are your two areas of risk? 1. The condition of the common property The strata manager/owners corporation has a responsibility to ensure that the common property is safe. Specifically that it is free from health and safety risks for people working including self employed contractors, volunteer workers and employees and that there is appropriate, safe access to and from the common property for others including members of the public, visitors, tenants, etc. 2. The engagement of contractors That the strata manager/owners corporation engages quality contractors properly; that is, in such a way that if an accident were to occur it wouldn t create any major issues, fines or claims. If these two areas of risk are handled effectively, an owners corporation and its strata manager can move forward knowing their obligations have been met to the best of their ability; and if anything does go wrong then they can show they took reasonable steps for protection. Is the common property considered a workplace? Yes. The OH&S Act has the following definitions: The common property workplace work means work as an employee or as a self employed person. place of work means premises where persons work. premises includes any place, and in particular includes: (a) any land, building or part of any building 2 of 16

3 Does the Body Corporate Manager have an obligation to ensure common areas are safe? Yes, the Act states specifically that risks attributable to the condition of the premises/common property are part of the risks that affect workers. The New South Wales Court of Appeal recently found in Laresu Pty Ltd v Clark [2010] NSWCA 180 (Laresu v Clark) that Strata Managers can be regarded as occupiers of the property and owe a duty akin to that owed by the owner. Risks arising from activities at work: For the purposes of this Act, risks arising out of the activities of persons at work include risks attributable to: (c) the condition of premises (or any part of premises) used for the purposes of an undertaking. What are the maximum fines under the Occupational Health & Safety (OH&S) Act? According to the OH&S Regulations generally the maximum fines for non compliance are: (a) in the case of a corporation (being a previous offender) $825,000, (b) in the case of a corporation (not being a previous offender) $550,000, (c) in the case of an individual (being a previous offender) $ 82,500 or imprisonment for 2 years, or both, or (d) in the case of an individual (not being a previous offender) $ 55,000. However in the event of reckless conduct causing death the maximum possible fines are now: for Owners Corporations for individuals up to $1.65 million $165,000 and 5 years jail Obviously very serious penalties compared to the cost of a Safety Report, which ranges from under $36 a lot for a 10 lot building to under $20 per lot for a 50 lot building and the cost continues to decrease for larger buildings. Won t our insurance pay for any fines and penalties? No. Strata Building Insurance does not cover you for fines, penalties or punitive damages awarded by courts. Insurance policy documents also require all lawful statutory obligations are met which include OH&S obligations. Recent articles written by the biggest strata insurance companies in Australia stated the importance of safety reports and why they are an integral part of an Owners Corporation s responsibilities. What obligation does a Strata Scheme have? To ensure the common property is a safe environment for workers (including those conducting maintenance/repairs), tenants, owners and visiting members of the public. Isn t an Owners Corporation better off claiming ignorance? No. The courts look dimly and with disbelief upon this stance. Ignorance is simply not an excuse and non action is seen as a form of negligence leading to increased penalties. The OH&S regime and legislation has been in force for more than 20 years now and has received massive amounts of media publicity. Courts are now fining those who admit they did nothing to meet their OH&S obligations lower amounts than those who claim ignorance or fabricate a defence at the last moment. They are calling it a utilitarian plea that saves wasted court time. Does the Executive Committee Member (and Strata Manager) have a duty under the Act? Yes. Part 2A 32A(5) states: If a corporation owes a duty of care under Part 2 (which a Strata Scheme does) with respect to the health or safety of any person, any director or other person concerned in the management of the corporation is taken also to owe a duty. As recently confirmed by the Court of Appeal in Laresu v Clark, a Strata Managing Agent can also be found liable for an injury occurring on common property. 3 of 16

4 What risks does a Strata Manager/Strata Management Company have from buildings that do not have a current OH&S report in place? By putting up a motion for an OH&S report to be done a Strata Manager has met a professional and legal responsibility to make an Owner s Corporation aware of its obligations. Should the motion be voted down the Strata Manager/Strata Management Company has a risk associated with organising maintenance. As the person instructing the contractor to do work, (regardless of whether it is on behalf of the Owner s Corporation) the Strata Manager/Strata Management Company has a very clear obligation to the contractor to ensure that the workplace they are sending them to has been safety assessed and is a safe working environment. Should the contractor have an accident due to the state of the common property then the Strata Manager/Strata Management Company may be held accountable. In the ensuing investigation the Strata Manager/Strata Management Company may be required to demonstrate how it met its obligation to provide a safe working environment for the contractor to whom they owed a duty of care. Claiming the safety of the contractor was the obligation of the Owners Corporation will not wash. How does the OH&S Act capture a Strata Manager/Strata Management Company in its obligations? Through definitions for an Occupier and a Controller, who both have obligations as described throughout this document. See the underlined words below: Occupier of premises includes: (a) a person who, for the time being, has (or appears to have) the charge, management or control of the premises, or (b) a person who, for the time being, is in charge (or appears to be in charge) of any operation being conducted on the premises. The person in control is the person who instructs the contractor in this instance. Controller of premises includes: (a) a person who has only limited control of the premises concerned, and (b) a person who has, under any contract or lease, an obligation to maintain or repair the premises concerned. There is no doubt that these definitions capture a Strata Manager/Strata Management Company and places many obligations directly onto them, especially when organising maintenance. Doesn t the Executive Committee share the OH&S responsibilities? The OH&S Regulations also has a section for when there is more than one party responsible to meet an obligation. It states: If more than one person has a responsibility with respect to a particular occupational health and safety matter under this Regulation: (a) each such person retains responsibility for the matter, and (b) the responsibility is to be discharged in a coordinated manner. These extracts from the Act and Regulations make it very clear that a Strata Manager/Strata Management Company cannot simply put up a motion for an OH&S report that is voted down and then happily go about organising contractors. There are very clear obligations that have to be met, including obligations owed to contractors instructed by the Strata Manager/Strata Management Company. These are the facts and create a very difficult situation for a Strata Manager/Strata Management Company that is expected to organise maintenance for an Owners Corporation who have also voted down a motion to get an OH&S safety report done. Does my management agreement affect my obligations? You cannot contract out of your OH&S obligation. You can only meet an obligation by demonstrating you have acted to meet that obligation. So a paragraph in a management agreement that states the Strata Manager/Strata Management Company takes no responsibility for OH&S issues is worthless as obligations have to be acted on and met and cannot be contracted out of. If you have delegated responsibilities under your management agreement it usually increases your obligations under OH&S, as you may owe obligations to further parties. 4 of 16

5 What are the strategies currently being suggested? Be aware These strategies are often suggested by other suppliers, and they are clearly wrong! Make someone else the principal contractor to release your obligations. The concept of principal contractors was added to the legislation in order to ensure that the main building contractor on large construction sites was held responsible for the safety of all workers on the site including jointly for other contractors and their employees. There had been a few accidents where the contractors had claimed that their ability to ensure the safety of their employees was reliant on the actions of the main contractor who managed the site. This principal contractor part of the legislation only applies to jobs over $250,000 or jobs that are high risk, like asbestos removal, so it is worthless in 99% of cases to a Strata Manager. The relevant section from the OH&S Regulations is below: 210 Appointment of principal contractor (1) This clause applies to any place of work at which: (a) construction work is undertaken and the cost of the work exceeds $250,000, or (b) high risk construction work is undertaken and the cost of the work does not exceed $250,000, or (c) demolition work or asbestos removal work for which a licence is required under Chapter 10 to carry on the business of that work is undertaken (regardless of the cost of the work) You need an onsite safety manual for every building. While an Owners Corporation owes a duty to a contractor to provide a safe working environment, it does not owe a duty to supply a safe working system to contractors. If the environment is safe then it is up to the contractor to do their work in a safe manner. Having a manual and supplying information to a contractor could in fact backfire on the Owners Corporation because it could blur the line of responsibility. There is a clear OH&S obligation for the contractor to conduct their work in a safe manner so ensure this responsibility remains with them. You can make them aware of their obligations when you engage them then leave the responsibility with them. If you have an onsite manager who is a contractor then the above still applies. If you have an employee as the onsite manager you have all the responsibilities attached to managing the safety of an employee including providing safe method working agreements, personal protective equipment and OH&S training. In this case your OH&S assessment will contain generic safe method working agreements for the typical equipment and duties the onsite manager undertakes. The Residential Exemption Isn t there some form of residential exemption? The exemption does not in any way fully relieve an Owners Corporation of its OH&S responsibilities and in reality places the Strata Manager in a difficult position should an Owners Corporation believe this. This is due to the fact that a Strata Manager clearly has a duty of care to any contractor they instruct to do maintenance work on common property, and that obligation cannot be met without the Owners Corporation also meeting theirs. ISTM and Deacons Support In November 2007 the Institute of Strata Management (ISTM) with advice from Deacon Lawyers expressed their concern in relation to the new Residential Exemption. Section 2.11 of their advice states that; As a practical matter, since the Exemption Order does not substantively differ from the old Exemption and therefore remains of such limited and specific application, our recommended approach is for all owners corporations of strata schemes to operate as if it doesn t exist. 5 of 16

6 Why the residential exemption is ineffective: OH&S Summary of Legislation & Obligations The residential exemption only exempted clauses of the OH&S Regulations 2003 (10 out of 600+ pages of the Act and Regulations). Most of the obligations included in clauses are repeated in other parts of the Act & Regulation. Sections of the Act & Regulations that still apply include obligations relating to: o Plant and equipment being registered, safe to use and properly maintained. This includes lifts, pumps, fans, generators, amusement devices, portable electrical equip., switchboards, etc. o Chemical substances which must be properly stored, labelled and used. This includes common chemicals found on almost every common property including cleaning chemicals, pool chemicals, gas cylinders, fuel and oil o Chapter 2 and section 4.3 repeats all exempted obligations and applies to any voluntary work done this could be by building managers, or part time workers. OH&S risk management covers a lot more than just the OH&S Act & Regulations. OH&S legislation is what is commonly termed umbrella legislation and a professional OH&S assessment company must check compliance with many other Australian Standards and related legislation including: o AS wiring rules switchboard signage, cabinet and RCD o Swimming pool and spa pool, fence, signage and other compliance issues o Safety aspects relating to sections of the Building Code of Australia including the geometry of stairs, balustrades and head clearance heights o o Confined spaces compliance assessment Hazmat (Hazardous Materials) including cleaning fluids, gas and pool chemicals for correct storage, Material Safety Data Sheets and labelling It is also apparent that anyone working from home negates the residential exemption. The exemption only applies to parts of a building where there is no commercial use. Commercial use is defined as where there is a business that is carried on for profit. A recent OH&S case where 12 workers successfully claimed for accidents while working at home clearly defined their activities as commercial and their homes as workplaces. Details were: o The ruling defined the worker s houses and units as workplaces. o o Most were working from home using a computer and phone. This case defined their activities as commercial and their employer had an obligation to ensure their home workplaces were safe. The court clearly saw their activity as commercial in nature and created a new and more expansive definition of what commercial activity and a workplace are. Almost every strata complex contains people operating full or part time home based businesses network marketing and internet based businesses are examples. There is no doubt that these are for profit activities and are therefore defined as commercial use. Even without the above court case it would be hard for any Owners Corporation to state with certainty that there are no commercial operations in their complex. Government department loses case based on residential exemption The Department of Housing which provides low cost housing recently lost a court case where a plumber was electrocuted in a residential home. The government department argued that they were not obliged to meet OH&S requirements due to the residential exemption. The ruling was that the home was a commercial workplace as soon as the contractor started work. Recent prosecutions of project managers a concern There have been a number of recent successful prosecutions of people who organise tradespeople to do work on worksites. The prosecutions have been based on the obligations and duty of care a person engaging a contractor has to them to provide a safe working environment. Most recently, the Court of Appeal in Laresu v Clark found such a manager liable for an injury on common strata property. 6 of 16

7 What do you need to do to meet your obligations? You need a suitably qualified and preferably suitably insured and experienced company to conduct the following steps based on the relevant Australian Standards: 1. Inspect the common property and provide a report that clearly identifies hazards; 2. Assess the risks that may result from those hazards; 3. Assist you in deciding on control measures to prevent, or minimise the level of risks present and future; 4. Provide the necessary tools to allow you to implement control measures in a hassle free manner; 5. Monitor and review the effectiveness of these measures annually or upon request. Five reasons why the Owners Corporation must update OH&S reports annually 1. Over 12,000 pages of OH&S legislation, 10% changes annually 2. New court cases occur all the time. Recently stairs with one step (usually top or bottom) are different from the rest, which can cause accidents 3. Legislation states OH&S should be regularly monitored and reviewed. Under the legislation the maximum time between reports is 12 months (AS...) 4. Deacon s legal advice to the industry, as stated by the Institute of Strata Management (ISTM), 12 months is the maximum time between reports 5. Finally, items change in 12 months; Cracks form, plants grow and legislation changes. Duty of care means you must act. Won t the Owners Corporation be up for a massive cost to implement the OH&S report s recommendations? No. In most cases recommendations will relate to things like: Signage ($50 $150), Cleaning of driveways ($1 3 per m2), highlighting of trip hazards ($10 15), installation of an RCD on community power circuits ($150 $200) and replacement of a light bulb ($2 $80 depending on who does it). Most risk management is relatively cheap, the trick is to identify and deal with it. There is an art to not only identifying hazards but also in recommending the most cost effective and common sense approach to preventing or minimising risks created by the hazard. What about the risks from Civil Actions? Recent newspaper articles state that NSW is now the most litigious place in the western world. There are a large volume of personal injury litigations that often have the following characteristics: 6 8 years to conclude the case during which time you are in and out of court. All parties end up in court when litigators take a scattergun approach. Large punitive damages (fines) that are not covered by insurance. Large monetary awards to the injured parties. Had the building been properly maintained the accident would not have occurred. The accident was reasonably foreseeable. Most recent cases relate to slips, trips and falls, swimming pool accidents, electrocution and falling from balconies. A Safety report is about making the common property safe for workers; however it will of course identify many of the hazards that cause personal injuries and lead to personal injury litigation. 7 of 16

8 Contractors How do you manage your risk in relation to engaging contractors? The best way to ensure your risk is managed in relation to contractors is to ask them to sign a safe method working agreement (addendum 1) at least every 12 months, and also ask that attached to this signed agreement be a: Certificate of currency for their public liability insurance. Copy of their license for conducting their trade services. Proof of OH&S knowledge Copies of Construction Induction Certificates for any worker the contractor proposes to use for work on your Strata Schemes. It is suggested that the above is sought annually for every contractor used. TIP If you wish to get the above done quickly then mail them out to your contractors and simply state that no job is to be done by the contractor before signing the safe method working agreement and that no invoice will be paid unless the signed agreement (with copies of required documentation attached) is sent with the invoice. Tools for Strata Manager Please see Addendum Two Letter to contractors to be sent with CSMW Agreement and see Addendum One for Contractors Safe Methods Working Agreement. Your Smart Risk Management Plan. 1. Put a motion up at all Owners Corporation AGMs that an OH&S Risk Assessment be done to ensure a safe working environment 2. Experience has proven that in order to get the motion passed a Strata Manager needs to highlight the high fines and relative low cost of the report and the foolhardiness of inaction. Ask the executive committees What happens when something goes wrong? and ensure the motion is passed. 3. Order the initial safety report. 4. Should an OH&S motion get voted down; ask a person on the committee to become the maintenance contact at the building and let them know you will send all trades people to them for instruction. This takes you, the Strata Manager/Strata Management Company out of the picture. Why? The person instructing the tradesperson is the controller of that person and has obligations including providing a safe working environment. (This will at least relieve one area of obligation but not all.) 5. Send a letter to all trade contractors with a Safe Working Method Statement Agreement attached for signing and refuse to pay any accounts that do not come with a signed copy and other requested documentation. Who can you trust your OH&S risk management reports to? With over 25 years in the strata industry and over 88,000 strata reports completed Solutions in Engineering Pty Ltd has grown to be the industry leader in both size and expertise for strata reports in Australia. Quality With full insurance for all services offered; we have a systems based work methodology and rigorously apply the highest standard to the processes. Our team creating your reports are fully trained and accredited in their areas of expertise and are continually updating their skills. All our reports come with a 100% satisfaction guarantee. A quarterly performance review and report quality assessment is done for every inspector employed by the company. This assessment includes examining the accuracy of report data, personalisation/customisation of reports, site and client contact commitments being met and report detail. These items are assessed and marked against Key Performance Indicators and feedback for any possible improvement is discussed with the inspector. 8 of 16

9 What is the service we offer? Solution in Engineering s Risk Assessment Officers will inspect your Common Property and provide you with an informative and easy to read safety report to ensure you have peace of mind and a record of action to meet your obligations should an accident happen. Solutions in Engineering will: Clearly identify hazards and provide digital photographs illustrating their location. Assess risks that may result because of the hazards. Assist you in deciding on control measures to prevent, or minimise the level of risks present and future. Provide the necessary tools to allow you to implement control measures and take the hassle out of compliance. Monitor and review the effectiveness of these measures as needed by you. Provide the Building Manager (if there is one) with a basic introduction to the important elements of Occupational Health and Safety and risk management. Provide telephone support in the event of an incident to advise what should be done and how. Provide policies and procedures for engaging and managing commonly used contractors and commonly performed tasks. WARNING The Owners Corporations who refuse to spend money on risk management and maintenance are your biggest risk. Their common property is where accidents are likely to happen. Don t let them put you at risk. Quote from a prominent OH&S lawyer: You never win an OH&S case you only minimise your losses. Call us now and we will put together a report that makes risk management easy and inexpensive. 9 of 16

10 Appendix One OH&S Summary of Legislation & Obligations Letter to contractors to be sent with CSMW Agreement <insert date> <insert contractors name> <insert contractors address line one> <insert contractors address line two> Dear <insert name of contractor> As you would be aware meeting Occupational Health and Safety (OH&S) requirements is an essential part of sound business practice. As a valued contractor we wish to continue using your services. In order for this to happen we need some documentation for our records to ensure that the contractors that we are using are qualified, properly insured and are aware and capable of meeting their OH&S obligations. We ask that you sign the attached Contractor s Safe Method Working Statement before commencing or completing any work ordered by our company. Please send the signed and witnessed agreement now or if you are conducting work for us include it with your next invoice. Please also attach: 1. A current copy of your Public Liability Insurance. 2. A copy of the Construction Induction Certificate for all workers that you intend to use for any work awarded by our company. (Old C type green cards are not acceptable as they should have been replaced from 2 nd September 2006 with Construction Induction Certificates.) 3. A copy of your valid current Office of Fair Trading Contractor License suitable for the services you offer. Important note: BE AWARE THAT NO INVOICE WILL BE PAID WITHOUT THIS DOCUMENTATION PROVIDED. We look forward to our continuing business relationship and thank you for your cooperation in helping to meet our OH&S and business risk management requirements. Yours sincerely <insert your name> PS Attached is a checklist for you. PPS If you need assistance with Site Safety induction for your team please contact Workcover on of 16

11 Contractors Checklist Name of Contractor Signed copy of Contractor s Safe Method Working Statement. PLEASE SIGN BEFORE CONTINUING OR COMMENCING ANY WORK. A current certificate of currency for your Public Liability Insurance. If offering professional or design services a certificate of currency for your Professional Indemnity Insurance A copy of the Construction Induction Certificate for all workers that you intend to use for any work awarded by our company. (Old C type green cards are not acceptable as they should have been replaced from 2 nd September 2006 with Construction Induction Certificates.) A copy of your valid current Office of Fair Trading Contractor License suitable for the services you offer. 11 of 16

12 Appendix Two Section 2 Contractor s Safe Working Agreement This statement provides details on how I/we, the Trade Contractor will manage the health and safety hazards associated with my/our work. ASSESSING OCCUPATIONAL HEALTH AND SAFETY RISK The contractor agrees not to undertake any task without first assessing all Occupational Health and Safety Risks associated with the task. A full JSA (Job Safety Analysis) must be completed by the contractor before commencing any task. All work must be conducted in accordance with the Occupational Health and Safety Act 2000 and associated regulations and Australian Standards. 1. TIDINESS Ensuring work progresses in a tidy manner, work areas are kept clear of excessive rubbish and work areas are left in a clean and tidy condition. Ensure that rubbish is disposed in an appropriate manner. 2. MATERIAL HANDLING AND STORAGE Ensuring materials and equipment are stored on site in a manner that does not cause injury or illness. Indicating where materials are to be delivered and stored (signs may be erected if appropriate), taking into account where materials are used and the order in which they are used. Not permitting smoking where flammable materials are stored. Ensure the manufacturer s requirements regarding handling and storage of materials are followed. 3. PERSONAL PROTECTIVE EQUIPMENT (PPE) Ensuring PPE is used in accordance with the relevant codes of practice for the type or kind of work being engaged in, or in accordance with best practice standards where no relevant code of practice exists. Providing and ensuring the use of items of personal protective equipment where it is not practicable (reasonable) to control risk of injury by other means. Ensuring helmets are worn when there is a risk of injury to the head, for example when working underneath other trades. Ensuring appropriate protective footwear is used. Ensuring that where hazards are created by particular activities, risks are controlled by ensuring the use of PPE, or by some other means. 4. HAZARDOUS SUBSTANCES/CHEMICALS Ensuring when using chemicals, the manufacturer s requirements are followed. Ensure all hazardous substances on site are correctly stored, labelled and have material safety data sheets (MSDS s). MSDS s should be provided by the supplier or manufacturer at purchase as well as on the purchaser s request. All hazardous substances are to be handled in compliance with Chapter 6 of the Occupational Health and Safety Regulation 2001 and any other relevant document. 5. GUARDING ON TOOLS AND EQUIPMENT Ensuring guards are fitted and working effectively before tools and equipment are used. 12 of 16

13 6. ELECTRICAL OH&S Summary of Legislation & Obligations Ensuring portable electrical equipment is of an industrial standard. Ensuring residual current devices are used with all electrical equipment. Ensuring power leads are located to minimise the risk of damage and are kept out of puddles, and plugs are kept dry. Ensuring extra protection for, or relocation of power leads occurs in areas of high traffic. Ensuring portable electrical equipment and power leads are maintained in a safe working condition. Ensuring double adaptors, 3 pin adaptors (piggy back), and lightly constructed domestic type appliances are not used for work purposes. Electrical contractors please note: Ensuring electrical installation is completed in accordance with AS/NZS 3000:2007 (SAA Wiring Rules), and are tested and connected in accordance with recognised procedures, using suitable testing equipment. Ensuring all incomplete circuits are suitably terminated or isolated. Where there is likelihood of those circuits being inadvertently energised, they are tagged. 7. MANUAL HANDLING Encouraging and using good manual handling techniques. For example: o When bending or lifting try to vary duties or change posture; o When bending to lift objects try to maintain an inclined back and bent knees to a semi squat where your feet are stable on the ground and you assume a power lifter stance; o When lifting awkward and heavy items, use mechanical aids Where this is not possible consider team lifting where people are trained. Ensuring the principles detailed in the National Standard for Manual Tasks are followed as well as those set out in Part 4.4 of the Occupational Health and Safety Regulation WORKING ABOVE 2 METRES Where work is being conducted at a height greater than 2 metres from the surrounding ground level and the work is not being conducted in an area which complies with AS or complies but is not being used for its intended purpose, then a contractor must comply with the Occupational Health and Safety Regulation 2001, in particular, Part 4.3 Division 6 (Working at Heights). 9. WORKING PLATFORMS ON TRESTLE LADDERS AND ADJUSTABLE TRESTLES Platforms (eg. scaffolding planks) on trestles provide a bigger, more stable surface to work from then a ladder rung. Ensuring trestles are erected in accordance with suppliers instructions, and good practice, as outlined in AS/NZS and AS/NZS for trestle ladders, and AS/NZS for adjustable trestles. Ensuring platforms are erected as near as reasonable to level, and are stepped rather than sloped, for example when working on gables. Ensuring platforms are in good and sound condition. Ensuring attention is given to placing trestles on a firm surface. 10. WORKING PLATFORMS ON SCAFFOLDS Ensuring scaffolds are satisfactorily erected and used. In particular, ensuring the scaffolds comply with relevant parts of AS/NZS , the Occupational Health and Safety Regulation 2001, and the Code of Practice: Formwork. Ensuring the scaffold is erected in accordance with supplier s instructions, is as near as reasonable to level, and is fully decked when being used. 13 of 16

14 11. LADDERS Ensuring ladders are of an industrial standard and comply with and are used in accordance with the requirements of AS/NZS Portable ladders. Ensuring attention is given to tying off ladders to the structure, where there is a likelihood of the latter becoming unstable. Ensuring attention is given to base stability, particularly on soft or uneven soils. Ensuring domestic type ladders are not used and ladders are in a sound working condition. For example, the slip resistant feet are fitted and maintained, rungs and stiles in good condition. 12. MAINTENANCE AND USE OF EQUIPMENT Ensuring equipment is adequately maintained and used in accordance with the manufacturer s instructions (for example, power tools). 13. LIGHTING Providing adequate temporary lighting if work is to be undertaken in areas where there is insufficient light to work safely. 14. ULTRA VIOLET LIGHT Encouraging employees to wear adequate clothing, or other protection to protect them from the effects of working in the sun. 15. WARNING SIGNS Warning signs may be required for some hazardous situations. Hazardous situations may include the use of power tools and where there is a risk of being struck by falling objects. Ensuring warning signs are clearly visible to any persons who are approaching the area in which the hazardous situation exists. 16. LICENCES Ensuring appropriate licences and certificates of competency are held where required in the performance of any work (for example an explosive powered tool certificate). 17. FIRST AID Providing a first aid kit, which is adequate for the types of injuries, which may occur while performing work. 18. PROTRUSIONS Protrusions include protruding nails; tie down bolts; reinforcing rods and mesh; bars; steel, copper and plastic tubing; metal flashings; post tensioning cables etc. Ensuring any protrusions created, are removed, bent over or guarded to eliminate or reduce risk of injury, where they are a hazard. 19. HEALTH AND SAFETY INDUCTION Ensuring that employees who are unfamiliar with health and safety issues receive instructions on safe work procedures (JSAs) and practices. 20. OTHER PERSONS 14 of 16

15 Ensuring that my/our work does not cause health & safety problems for the other trades and the public. 21. TRAINING AND SKILL Ensuring that my/our employees are sufficiently trained and skilled to perform the work in a healthy and safe manner. 22. FIRE CONTROL Ensuring a fire extinguisher is supplied where flammable paints and/or liquids are used or stored. 23. STABILITY OF STRUCTURE DURING CONSTRUCTION De stabilisation may be caused by: weather, wind, subsidence, construction loads, live loads, and the premature removal of temporary bracing or temporary propping. Ensuring any structure being built remains stable during the construction process. 24. TRENCHING AND EXCAVATION Ensuring that our work is supervised by a person who is competent and capable of assessing the risks associated with trenching work. This person should be knowledgeable on trenching, soil stability, appropriate shoring systems, and where possible should have experience of local soil conditions. Ensuring that trenches, which people have to enter, are shored where the soil is unstable or prone to collapse. Ensuring that trenches deeper than 1.5 metres, which people have to enter, are shored, unless a soil engineer confirms that the trench walls are stable without shoring. Ensuring that unattended excavations I/We have created are barricaded or covered where they present a hazard, and are filled as soon as practicable. Ensuring that where they present a hazard, unattended excavations are barricaded. Ensuring the Advisory Standard for excavation is adhered to. 25. PLANT, CRANES AND MACHINES Ensuring the safety instructions of drivers or licensed operators of plant are followed. 26. INSURANCE Ensure that all necessary insurances are in place as required by legislation including workers compensation or personal accident insurance, public liability and professional indemnity. Please provide copy of certificate of currency for all insurances. 15 of 16

16 CONTRACTOR INSURANCE DETAILS Policy No Insurance Company Commencement Date Expiry Date Public Liability Professional Indemnity Workers compensation/ Personal Accident Other FOR USE BY THE CONTRACTOR: DETAILS OF WORK TO BE UNDERTAKEN DATE LOCATION BRIEF DESCRIPTION OF WORK Trade Contractor's Name Name of Trade Contractor's Company Signature Date: / / Contractor's License Number (if applic.) 16 of 16