Overview of Health and Safety Duties

Who Has Safety Duties?

In demolition work, multiple parties share responsibility for maintaining a safe work environment. Under the Work Health and Safety (WHS) Act, these duties are assigned to:

Persons Conducting a Business or Undertaking (PCBUs):

• Definition:

  • A PCBU is any person or organization conducting a business or undertaking, whether for profit or not. This includes employers, contractors, subcontractors, and self-employed individuals involved in demolition work.
  • Examples: Construction companies, demolition contractors, project managers, or site supervisors.

• Primary Duty of Care:

  • PCBUs have the primary duty to ensure, so far as is reasonably practicable, the health and safety of workers and others who may be affected by their work activities.
  • This includes:
    • Providing a safe work environment.
    • Ensuring safe use, handling, and storage of plant, substances, and structures.
    • Maintaining facilities for the welfare of workers (e.g., toilets, drinking water).
    • Providing information, training, instruction, and supervision to ensure safety.

• In the Context of Demolition Work:

  • PCBUs must identify hazards unique to demolition activities, such as structural instability, airborne contaminants, and hazardous materials like asbestos.
  • They must develop Safe Work Method Statements (SWMS) for high-risk activities and ensure that workers are trained in the safe use of demolition equipment and PPE (Personal Protective Equipment).

Officers (e.g., Company Directors):

• Definition and Role:

  • Officers are individuals in senior management positions who make decisions that affect the whole or a substantial part of the business or undertaking.
  • This includes company directors, CEOs, and senior managers responsible for policy-making and resource allocation.

• Due Diligence Requirements:

  • Officers must exercise due diligence to ensure that the PCBU complies with its health and safety obligations. This involves:
    • Acquiring and maintaining knowledge of WHS matters relevant to demolition work.
    • Understanding the nature of the PCBU’s operations and associated hazards.
    • Ensuring that the PCBU has and uses appropriate resources and processes to eliminate or minimize risks.
    • Ensuring that the PCBU has processes in place for reporting and addressing incidents and hazards.

• Practical Examples in Demolition Work:

  • Ensuring that adequate resources are allocated for safety equipment, such as respiratory protective equipment for asbestos removal.
  • Reviewing and approving safety management systems and ensuring that SWMS are developed and implemented for high-risk demolition activities.

Workers (Including Contractors and Subcontractors):

• Definition:

  • A worker is any person who carries out work for a PCBU. This includes employees, contractors, subcontractors, apprentices, trainees, and volunteers.
  • In demolition, workers include laborers, plant operators, asbestos removalists, and safety officers.

• Duties of Workers:

  • Workers must:
    • Take reasonable care for their own health and safety.
    • Ensure their actions do not adversely affect the health and safety of others.
    • Comply with reasonable instructions given by the PCBU to ensure workplace safety.
    • Cooperate with safety policies and procedures, including the use of PPE and adherence to SWMS.

• Examples in Demolition Work:

  • Wearing appropriate PPE such as helmets, safety boots, gloves, and respiratory protective equipment.
  • Following procedures for handling hazardous materials, including asbestos.
  • Reporting hazards, near misses, or incidents to the site supervisor or safety officer.

Other Persons at the Workplace (e.g., Visitors):

• Definition and Role:

  • This category includes any person present at the workplace who is not a worker, such as clients, delivery personnel, and visitors.
  • In demolition, this could include neighboring property owners, engineers, or regulatory inspectors.

• Duties of Other Persons:

  • Other persons must:
    • Take reasonable care for their own safety.
    • Ensure their actions do not negatively impact the safety of others.
    • Comply with any reasonable safety instructions given by the PCBU.

• Examples in Demolition Work:

  • Wearing visitor PPE (e.g., hard hats, safety vests) when entering the demolition site.
  • Following site access and egress procedures, including signing in and out.
  • Staying within designated safe areas or exclusion zones.

Specific Responsibilities

PCBUs: Ensuring Health and Safety, Providing Safe Systems of Work, and Maintaining the Work Environment

• PCBUs are responsible for:
  • Providing and maintaining safe systems of work: Ensuring that demolition methods, such as mechanical demolition or explosive demolition, are planned and executed safely.
  • Maintaining the work environment: Keeping work areas free from hazards, ensuring safe access and egress, and maintaining adequate ventilation to control airborne contaminants.
  • Providing training and supervision: Ensuring that workers are trained in safe work procedures and supervised by competent personnel.
  • Implementing emergency procedures: Establishing and communicating emergency evacuation plans and procedures for incidents such as structural collapse, fire, or hazardous material exposure.

Officers: Exercising Due Diligence to Ensure Compliance

• Officers must actively monitor and ensure compliance with WHS obligations by:
  • Reviewing safety policies and systems: Ensuring the PCBU has effective safety management systems in place.
  • Allocating resources for safety: Approving budgets for safety training, equipment, and incident investigations.
  • Ensuring compliance with legal requirements: Keeping informed about legislative changes and ensuring the PCBU complies with them.

Workers: Taking Reasonable Care for Their Own Safety and That of Others

• Workers are responsible for:
  • Following safety instructions: Complying with SWMS and safety procedures.
  • Using PPE correctly: Properly wearing and maintaining personal protective equipment provided by the PCBU.
  • Reporting hazards: Notifying supervisors of potential risks, near misses, or unsafe practices.

Duty to Consult, Cooperate, and Coordinate with Other Duty Holders

• Consultation Requirements:

  • PCBUs must consult with workers when:
    • Identifying hazards and assessing risks.
    • Making decisions about ways to eliminate or minimize risks.
    • Proposing changes that may affect the health and safety of workers (e.g., changes to demolition methods or equipment).

• Cooperation and Coordination:

  • PCBUs must cooperate and coordinate with other duty holders who share responsibilities at the workplace, including:
    • Principal contractors, subcontractors, and specialist consultants.
    • Neighboring property owners or businesses impacted by demolition activities.
  • This ensures that all parties are aware of hazards and control measures are consistently applied.

Consequences of Non-Compliance

Legal Implications:

• Fines and penalties under the WHS Act and Regulations.
• Prosecution for serious breaches resulting in injury, illness, or death.
• Liability for compensation claims from injured workers or affected third parties.

Impact on Workplace Safety and Reputation:

• Increased risk of workplace accidents and incidents.
• Loss of business reputation and client trust.
• Higher insurance premiums and potential loss of contracts.