The Battle for Compliance: Demolition Regulation Changes in NSW: What You Need to Know

The Work Health and Safety Amendment (Demolition Licensing) Regulation 2022 introduces significant changes to demolition work regulations in New South Wales (NSW). These amendments, established under the Work Health and Safety Act 2011, aim to enhance safety, ensure proper licensing, and reinforce supervision standards.

Before we dive in I must state that my personal view is NSW Safe Work have done an amazing job addressing the significant issues with poor compliance by the industry with the Australian Standards and Model Code of Practice in making these changes. They have taken a considered pragmatic approach through consultation and ended up with the best of all worlds solution.

RTO’s on the other hand (which we are one) will need to do the right thing and offer the required training at a doable cost for employers and individuals. This is akin to a white card for going to work for a licenced demolisher. IF RTO’s do not make this training affordable then employers will be forced to take a piece meal approach to training some workers but not others, exposing them to compliance risks they shouldnt need to worry about and untilmatle unreliable base training for individuals that need to go home safe to their families every night.

This is what you need to know

Key Changes to Demolition Regulations

The primary objectives of the amended regulation are:

  1. Introduction of a Licensing Regime: Workers performing demolition work must now hold the appropriate demolition license.

  2. Mandatory Training Requirements: Workers engaged in demolition must undergo proper training to ensure competency and adherence to safety protocols.

  3. Supervision by Qualified Personnel: All demolition work must be overseen by individuals with the necessary qualifications and experience.

Licensing Categories

The amendments define two types of demolition licenses:

  • Unrestricted Demolition License: Permits the holder to carry out all types of demolition work, including structures above 15 meters, chemical installations, and demolition requiring explosives or mobile cranes over 100 tonnes.

  • Restricted Demolition License: Allows the holder to perform demolition work, excluding high-risk demolitions such as those involving explosives, chemical installations, or structures above 15 meters.

Notification and Compliance

Under the new regulation, businesses conducting demolition work must:

  • Provide written notification to the regulator at least five days before commencing certain types of demolition work, including structures over six meters, work involving load-shifting machinery on suspended floors, and demolition using explosives.

  • Ensure that named supervisors are present at all times during licensed demolition work.

  • Maintain compliance with safety management plans and safe work method statements (SWMS).

Existing Obligations for Licensed Demolishers in NSW

Work Health and Safety (WHS) Responsibilities

Licensed demolishers in NSW must comply with existing WHS laws, including:

  • Hazard Identification and Risk Management: Conduct thorough site inspections to identify and control hazards such as falling objects, asbestos, and structural instability.

  • Safe Work Method Statements (SWMS): Develop and implement SWMS for all high-risk construction work, including demolition activities.

  • Public and Environmental Safety: Implement exclusion zones, dust suppression techniques, and waste management plans to protect surrounding communities and the environment.

Asbestos Management

Demolishers working with asbestos-containing materials (ACMs) must:

  • Hold an asbestos removal license for handling friable and non-friable asbestos.

  • Comply with the How to Safely Remove Asbestos Code of Practice.

  • Conduct air monitoring and clearance inspections when required.

Worker Training and Supervision

  • Workers must complete general construction induction training (White Card) and specific demolition training.

  • Supervisors must be present during high-risk demolition activities to oversee safety compliance.

Regulatory Compliance and Penalties

Failure to comply with these regulations may result in significant penalties, including:

  • Fines for businesses and individuals operating without the proper demolition license.

  • Suspension or cancellation of demolition licenses for breaches of WHS laws.

  • Legal action for non-compliance with safety standards and environmental regulations.

Conclusion

Disclaimer

This article is for informational purposes only and does not constitute professional advice. Every demolition project has unique circumstances, and regulatory compliance may vary. Please refer to NSW Safework website for direct information and advice.

Conclusion

The Work Health and Safety Amendment (Demolition Licensing) Regulation 2022 strengthens safety standards and licensing requirements for demolition work in NSW. Licensed demolishers must stay informed and compliant with these changes to ensure workplace safety and legal adherence. For more details, refer to the Model Code of Practice: Demolition Work and NSW Safe work Website.

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