Brefni HRCW Guide_v1_Part 1 PDF 2024

2 WHS REGULATION – INTRODUCTION Work Health and Safety (WHS) laws are specific to each jurisdiction. Each state, the territories and the Commonwealth have enacted specific laws dealing with WHS. Over the period 2011 to 2020, all jurisdictions other than Victoria adopted the ‘Model’ WHS Act and R...

2 WHS REGULATION – INTRODUCTION Work Health and Safety (WHS) laws are specific to each jurisdiction. Each state, the territories and the Commonwealth have enacted specific laws dealing with WHS. Over the period 2011 to 2020, all jurisdictions other than Victoria adopted the ‘Model’ WHS Act and Regulations. The Model laws were developed by Safe Work Australia (SWA) which is responsible for developing national policy relating to WHS and workers’ compensation. WHS laws are in the criminal jurisdiction. Severe penalties, including jail terms, apply where companies and individuals fail to comply with their obligations. Most jurisdictions also have industrial manslaughter laws which have effect where a person is reckless or grossly negligent in conduct which breaches a work health and safety duty and results in the death of another person. Each state, territory and the Commonwealth have their own regulatory agency which administers WHS laws including conducting investigations and prosecutions. In NSW the regulator is SafeWork NSW https://www.safework.nsw.gov.au/. In Queensland the regulator is WorkSafe QLD https://www.worksafe.qld.gov.au/. Over time, various differences have arisen between the various jurisdictions as the different regulators and parliament have responded to various local issues. This Guide to high-risk construction work refers to the NSW jurisdiction. In NSW, the principal legislation is the Work Health and Safety Act 2011 (NSW) (the WHS Act) https://legislation.nsw.gov.au/view/html/inforce/current/act-2011-010. A ‘regulation’ is a statutory instrument that is made pursuant to the Act, and which does not need to be passed by the Parliament in order to have legal effect. Regulations will generally include more specific and detailed obligations and requirements and can be amended very quickly. The NSW regulation is the Work Health and Safety Regulation 2017 (NSW) (WHS Regulation) https://legislation.nsw.gov.au/view/html/inforce/current/sl-2017-0404 A Code of Practice (CoP) is an even more detailed suite of information that is issued under the authority of the relevant Minister. CoPs deal with specific classes of risk by providing detailed information on how the standards required under WHS laws can be met (refer Part 1, Section 7, p.12). Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 7 of 164 3 WHS REGULATION – HIERARCHY OF DOCUMENTS The primary sources of WHS duties are the WHS Act and the Regulations. Where a CoP has been approved by the Minister, it operates as the next level obligation in relation to the risk category that it deals with. SWA issues ‘Model CoPs’; however, not all jurisdictions adopt all of them at the same time or at all. SWA also provides other guidance material that does not form part of a CoP. For example, SWA provides a Fact Sheet dealing with vehicle roll-aways and safe immobilisation which is more detailed in relation to these risks than the Model CoP: Managing risks of plant in the workplace. The Office of the Federal Safety Commissioner (OFSC) is a Commonwealth agency that prequalifies contractors who wish to tender and execute Commonwealth funded construction work. The OFSC also provides a wide range of guidance material of value to construction contractors; however, the material is not legally binding. Australian Standards are also relevant as a source of guidance for may common controls that are deployed in construction. For example, AS/NZS 4994:2023 provides detailed guidance in relation to temporary edge protection. Other jurisdictions, particularly the United Kingdom, can be helpful when looking for guidance for specific risk classes. Many WHS controls, such as for work at height, utilise proprietary fall protection systems. When such controls are deployed, the Original Equipment Manufacturer (OEM) specifications and manuals become important guidance materials. The final document is the Principal Contractor (PC) Work Health and Safety Management Plan (WHSMP) (refer Part 1, Section 4, p.9). The WHSMP is a mandatory requirement for PCs and must address a number of risk classes as well as outlining site-specific rules and other matters. Compliance with the WHSMP is generally a contractual requirement of the PC. The schematic below summarises the hierarchy of these materials: Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 8 of 164 4 THE WORK HEALTH AND SAFETY MANAGEMENT PLAN The WHS Regulation requires the PC to prepare a written WHSMP before any work commences. The content of the WHSMP is specified by the Regulation. The Regulation also requires the PC to deal with a number of other risks. Although the Regulation does not specify where and how these controls are to be deployed, they are almost invariably included in the WHSMP. This Guide is premised on the assumption that the WHSMP includes both classes of content. In addition, many PCs include additional company- specific or site-specific requirements which also must be identified. A Safe Work Method Statement (SWMS) must be prepared taking account of the WHSMP. It is therefore essential to obtain the WHSMP before commencing development of the SWMS; and to ensure that: (a) the WHSMP meets all the minimum requirements of the Regulation; and (b) any site specific or unusual requirements are identified and understood. Many WHSMPs are provided by PCs in the tender phase and are often not complete. If the WHSMP does not deal with all of the matters specified by the Regulation, or if it is missing appendices or annexures, then the PC must be so advised. At Part 4, Section 33, p.118 there is a WHSMP Checklist. All WHSMPs must be assessed against this checklist before any SWMS is developed. Risk Register A Risk Register is a table outlining the likelihood and consequence of site risks, an overall risk rating, a summary of the controls applicable to those risks, and the residual risk rating. There is no requirement in the Regulation to include a Risk Register in the WHSMP; however, it is a very common practice. If a Risk Register is included in the WHSMP, it is not necessary to include it in the SWMS; however, many PCs require that the SWMS include initial and residual risk ratings. An example Risk Register is provided at Part 4, Section 34, page 122. The CoP: Construction Work includes reference to the WHSMP including the provision and maintenance of a hazardous chemicals register; safety data sheets and hazardous chemicals storage; the safe use and storage of plant; the development of a construction project traffic management plan; workplace security and public safety; and ensuring workers have appropriate licences and training to undertake the construction work. Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 9 of 164 5 HIGH RISK CONSTRUCTION WORK The following activities are High Risk Construction Work (HRCW). Before these activities commence, a SWMS must be developed and submitted to the PC. Activity Work at Height – Risk of a Fall < 2 metres Excavation – Shaft or Trench < 1.5 metres Mobile Plant Asbestos Live Traffic Pressurised Gas Main or Piping Energised Electrical Services Chemical, Fuel or Refrigerant Lines Demolition Confined Space Tilt Up or Precast Concrete Artificial Extremes of Temperature On or Near Water Structural Alterations or Temporary Support Works Flammable Atmosphere Telecommunications Tower Explosives Diving Work Tunnel Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 10 of 164 6 CODES OF PRACTICE A CoP is issued by the Minster under the Act. CoPs provide detailed information about what is known about hazards and risks, and what is reasonably practicable in controlling hazards and risks. The Act provides that Brefni is deemed to know what is contained in CoPs. CoPs are not mandatory in the same way as the Act and Regulation, provided that any alternative approach results in at least an equivalent standard of safety. Part 2 of this Guide is intended to provide you with an overview of the applicable CoPs as they apply to HRCW and includes standard controls that will generally be applicable to the HRCW in question. NSW Codes of Practice – Construction Item Version Web location Abrasive Blasting December 2022 SafeWork NSW Confined Spaces December 2022 SafeWork NSW Construction Work August 2019 SafeWork NSW Demolition Work August 2019 SafeWork NSW Excavation Work January 2020 SafeWork NSW First Aid in the Workplace January 2020 SafeWork NSW Formwork June 2020 SafeWork NSW Hazardous Manual Tasks August 2019 SafeWork NSW How to Manage and Control Asbestos in the Workplace December 2022 SafeWork NSW How to Manage Work Health and Safety Risks August 2019 SafeWork NSW How to Safely Remove Asbestos December 2022 SafeWork NSW Managing Electrical Risks August 2019 SafeWork NSW Managing Noise and Preventing Hearing Loss at Work December 2022 SafeWork NSW Managing Psychosocial Hazards at Work May 2021 SafeWork NSW Managing the Risks of Falls at Workplaces August 2019 SafeWork NSW Managing the Risk of Plant in the Workplace December 2022 SafeWork NSW Managing the Risks of Respirable Crystalline Silica from February 2022 SafeWork NSW Engineered Stone in the Workplace Managing the Work Environment and Facilities August 2019 SafeWork NSW Safe Design of Structures August 2019 SafeWork NSW Sexual and Gender-Based Harassment June 2024 SafeWork NSW Spray Painting and Powder Coating December 2022 SafeWork NSW Welding Processes December 2022 SafeWork NSW Work Health and Safety Consultation, Cooperation and December 2022 SafeWork NSW Coordination Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 11 of 164 7 OTHER GUIDANCE SOURCES In addition to the Codes of Practice, the following additional guidance is available to assist in the preparation and assessment of SWMS: Safe Work Australia Item Version Web location Safe Work Method Statement for High Risk Construction December 2014 SafeWork Australia Work Information Sheet Working with crystalline silica substances: Guidance for August 2024 SafeWork Australia PCBUs Office of the Federal Safety Commissioner Fact Sheet – Safe Work Method Statements – Office of the FSC Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 12 of 164 8 SAFE WORK METHOD STATEMENT – OVERVIEW 8.1 WHS REGULATION The Regulation requires that HRCW cannot commence until a SWMS is prepared. The SWMS must: (a) identify the work that is HRCW (b) specify the hazards relating to the HRCW and risks associated with those hazards (c) describe the measures that will control the risks (d) describe how the control measures are to be implemented, monitored and reviewed. The SWMS must be prepared taking into account all relevant matters, including (a) circumstances at the workplace that may affect the way in which the HRCW is carried out (b) the content of the WHSMP prepared by the Principal Contractor The SWMS must be set out and expressed in a way that is readily accessible and understandable to workers and supervisors. Before HRCW commences, the SWMS must be given to the Principal Contractor. Most Principal Contractors will want to review and critique the SWMS and then formally approve it for use on site. There are generally specific deadlines as to when SWMS should be submitted. These requirements are generally contained in the WHSMP. The WHSMP will also often require SWMS to contain material in addition to that required by the Regulation and Codes. The SWMS must be reviewed and revised where: (a) the SWMS and its controls are not effective (b) before there is any change on site that may give rise to new or different risks including any change to the site or the work environment or a change to a system, process or procedure (c) a new hazard or risk is identified (d) a consultative process indicates that a review is required (e) requested by a Health and Safety Representative Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 13 of 164 Where SWMS are deployed, specific arrangements must be made to ensure that the HRCW is carried out in accordance with the SWMS. If it is not, the work must be stopped immediately, or as soon as is safe to do so, and can only be resumed in accordance with the SWMS. The SWMS must be available to all workers carrying out the HRCW. If there is a Notifiable Incident in relation to the HRCW covered by the SWMS, it must be kept on file for 2 years. 8.2 CODE OF PRACTICE – CONSTRUCTION WORK If more than one person conducting a business or undertaking (PCBU) has the duty to ensure a SWMS is or has been prepared, they must consult and cooperate with each other to coordinate who will be responsible for actually preparing it. Where there are different classes of HRCW occurring at the same time one SWMS may be prepared to cover all the HRCW. Alternatively, a separate SWMS can be prepared for each type of high risk construction work. If separate SWMS are prepared, you must assess how the different work activities may impact on each other and whether this may lead to inconsistencies between control measures. The content of a SWMS should provide clear direction on the control measures to be implemented. There should be no statements that require a decision to be made by supervisors or workers. For example, the statement ‘use appropriate personal protective equipment (PPE)’ does not detail the control measures. The control measures should be clearly specified. A SWMS must take into account the circumstances at the workplace that may affect the way in which the high risk construction work is carried out – that is, the site where the high risk construction work is being carried out, the work environment and the workers carrying out the work. Workers and Health and Safety Representatives (HSRs), if any, must be consulted when preparing SWMS. If there are no workers engaged at the planning stage, consultation must occur with workers when the SWMS is first made available to workers, for example during workplace-specific training or a toolbox talk. Workers and HSRs, if any, must also be consulted when a SWMS is reviewed. The SWMS must ensure it identifies the high risk construction work, specifies the hazards relating to the high risk construction work and any related risks to health and safety, describes the measures to be implemented so the risks can be controlled adequately, and describes how the control measures implemented may be monitored and reviewed adequately. Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 14 of 164 9 SAFE WORK METHOD STATEMENT – METHODOLOGY Planning Timeline The SWMS will go through a series of review stages before it is finalised and submitted to the PC (where Brefni is not the PC) or receiving final approval within Brefni. The following chart is an indicative timeline for development, review and approval: SWMS timeline 9.1 STEP 1: PREPARATION 1. Identify the classes of HRCW that are to be undertaken. 2. Review the WHSMP and the WHSMP Checklist (completed by Pre-Contracts - refer to Section 4: The Work Health and Safety Management Plan, p.9) and identify any project or client specific requirements that may be required. These may include: additional requirements for the SWMS content such as a task-specific Risk Register, additional review and approval processes, additional risk mitigation tools (e.g. Permit to Work, Job Safety Analysis, Take Two, Take Five) additional controls (e.g. barricading, isolation, signage, No Touch) additional training, induction or other competency requirements additional PPE. Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 15 of 164  3. Identify the applicable CoPs. 4. Determine how consultation with workers will be undertaken. Ideally this should occur with the workers and supervisors who will carry out the HRCW. As a minimum it must occur at the point that the workers are inducted on to the site or prior to carrying out the work. 5. Complete the SWMS Preparation Checklist (Part 4, Section 35, p.122). 9.2 STEP 2: DEVELOPMENT The 2 Brefni SWMS template has a risk register included (Pro forma SWMS (inc. Risk Register) Part 4, Section 36, p.126) Using this template: 1. Complete the project-specific details on the cover page. 2. List the tasks that need to be completed in the order in which they are to be undertaken. 3. If required by the WHSMP, allocate a Risk Rating to each hazard. 4. Describe the controls that are to be applied to each hazard. Use the material provided in the HRCW Guide, applying the Hierarchy of Controls to each hazard. 5. Describe how the control measures will be implanted, supervised and reviewed. This should include nominating responsible persons by name. 6. Submit the SWMS (final draft) to the PC for approval. Where Brefni is PC, approval is to be obtained from the HSEQ Manager or Coordinator. The SWMS is first and foremost a tool for the workers who are carrying out the HRCW. It should be as succinct and clear as possible. Overly detailed SWMS can be hard to understand and monitor. If the SWMS is becoming overly complex or lengthy, consider the development of separate SWMS – these may be by work group, by activity or in order of the HRCW activity. Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 16 of 164 9.3 STEP 3: IMPLEMENTATION 1. Complete the consultation process defined at Step 1 and record the matters raised. 2. Amend the SWMS as required (NB. This may require re-submission to the PC). 3. Take the relevant group(s) of workers through the SWMS, describing the controls and how they will be monitored. 4. Outline Brefni’s requirement that workers must immediately cease work if: the SWMS is not being complied with the SWMS appears to be or likely to be ineffective any worker has a concern about their safety or that of others 5. Have all workers sign on to the SWMS. Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 17 of 164 10 SAFE WORK METHOD STATEMENTS – BEST PRACTICE 1. Ensure that the SWMS follows the same sequence as the flow of work that is to be carried out. 2. Do not include earlier works that have been completed. It is better to have more SWMS than fewer, with each SWMS dealing with a specific and relevant set of hazards that will be encountered during that day’s work processes. 3. Do not ‘group’ hazards. This may undermine the ability to have a clear and specific link between the hazard and the control. 4. Do not refer to other documents (for example a Safety Data Sheet) without including the relevant detail. That is, do not include “Refer to XXXXX” or the equivalent. 5. Ensure that you are mitigating risk in accordance with the Hierarchy of Control. Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 18 of 164  6. Be specific as to how and who will be responsible for supervising the SWMS. 7. Ensure that the PC has received and reviewed the SWMS before works commence. 8. Ensure that all workers are aware and empowered with respect to ceasing work if they do not understand the SWMS, it is ineffective, or a new hazard is detected. 9. Review the SWMS regularly. Even if the work processes are the same over time, there will inevitably be new hazards presented by other activities on site, the environment (e.g. weather). 10. Even if there are no changes to work processes or environments, SWMS should be reviewed and workers consulted and briefed after absences from work, site shutdowns, relevant incidents, and in any other case fortnightly as a minimum. Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 19 of 164 11 HIGH-RISK ACTIVITIES THAT ARE NOT HRCW Where work is identified as high risk but does not fall within a class of HRCW, the hazard must be controlled through the use of a Job Hazard Analysis (JHA). A JHA follows the same principles and process as a SWMS, but is not the subject of specific WHS regulation. 11.1 PREPARATION OF JHA JHAs should be prepared in conjunction with the workers who will undertake the task/s. 1. Review and describe the scope of the task/s 2. Break down the task into the individual steps in the order in which they will be carried out 3. Identify the hazards 4. Define the controls 5. Discuss the final JHA with the workers 6. All workers and the supervisor must sign the JHA. If a new hazard arises, or the controls are ineffective, stop work and revise the JHA. 11.2 EXAMPLES OF TYPICAL HAZARDS THAT MAY BE PRESENT Example hazards Rotating Equipment Biological (spiders, snakes) Vibration Chemical (toxins, irritants) Inadequate Lighting or Visibility Stored Energy Noise Extreme Weather (wind, rain, fog, heat, cold) Loss of Containment Pinch Points Dust or Fumes Line of Fire/Suspended Loads Contaminated Soils Hot Work Manual Handling Environmental (fire, flood, unstable ground) Pressure (pneumatic, hydraulic, gases) Slips, Trips and Falls Version Approved by Approval date Effective date Next full review 1.0 HSEQ Manager 13 Nov 2024 13 Nov 2024 13 Nov 2025 Page 20 of 164