Capital Development Guidelines

This guideline is intended to provide relevant and practical guidance to ensure health and safety requirements are integrated into capital works contract management activities and to fulfil obligations in relation to Contractors.

The guidelines apply to all projects using government funding from any source regardless of the cost of the capital works.

Legislation and Other Relevant Publications

The principle legislation is the Occupational Health and Safety Act 1985.

Codes of Practice relevant to occupational health and safety in capital projects include:

• Code of Practice (No. 13)—Building and Construction Workplaces: Provides practical guidance for the provision of amenities, facilities, safety helmets and first aid on building and construction sites, and for maintaining building and construction workplaces in a safe and healthy condition.
• Code of Practice (No. 14)—Demolition
• Code of Practice (No. 3)—Workplaces

These and other Codes of Practice relevant to capital projects can be viewed on the WorkCover website

Occupational Health and Safety Act (1985)

The objectives of the Occupational Health and Safety Act (1985) are:

• To secure the health, safety and welfare of persons at work.
• To protect persons at work against risks to health or safety.
• To assist in securing safe and healthy work environments.
• To eliminate, at the source, risks to the health, safety and welfare of persons at work.

Duties of Employers

The duties of employers under the Act are:

• To provide and maintain so far as is practicable for employees a working environment that is safe and without risks to health.
• Monitor, record and report on the health and safety of employees.
• Employ or engage persons suitably qualified in relation to occupational health and safety and able to provide advice in relation to health and safety of employees.
• Ensure so far as is practicable that persons (other than the employees of the employer or self-employed person) are not exposed to risks to their health or safety arising from the conduct of the undertaking of the employer or self-employed person.

Duties of the Principal to a Construction Project

The Principal to a construction contract is required by the Occupational Health and Safety Act (1985) to exercise such care and take such steps as are practicable in the circumstances to avoid a foreseeable risk of death or injury.

The duties imposed by contracts such as the General Conditions of Contract (AS2124-1992) do not remove or pass on a Principal’s obligations under the Act.

The Principal may be considered to have the management and control of a workplace (that is, the construction site) even though a Contractor has the practical day-to-day control of it. Granting possession of the construction site to the Contractor for the duration of the building works does not relieve the Principal of health and safety obligations related to the project.

The Principal must as far as practicable ensure that the workplace, and access to and egress from the site do not present a health and safety risk to any person coming to the workplace including the general public.

The Principal to a construction contract is required to ensure that its employees and Contractors (and employees of the Contractors) carry out their work in safe premises, using proper and safe plant and substances, employing systems of work that are safe, and in which there has been adequate instruction, training and supervision. This obligation applies to each and every aspect of work to be carried out by an employee or Contractor.

As far as practicable, a Principal must ensure that:

• All reasonable steps are taken to protect any person on the site from health and safety risks.
• The construction site is a safe and healthy workplace.
• Plant and equipment is safe.
• Adequate training or instruction is provided.
• Adequate supervision of safe work systems occurs.
• Means of access to and egress from the site are without risk to health and safety.

Employees and senior officers of the Department or Agency may be liable for prosecution for a failure to manage health and safety at work, where their actions or omissions result in a risk of injury to others. A failure to comply with health and safety obligations may result in prosecution.

It is important that the Department or Agency be able to demonstrate due diligence in attempting to meet health and safety obligations when engaging Contractors. This may be achieved by taking steps that are reasonable in the circumstances to see that a competent Contractor with relevant experience is engaged; and that the Contractor and its employees carry out the work in safe premises, using proper and safe plant and substances, employing systems of work that are safe and include adequate instruction, training and supervision.

To fulfil their obligations under the Act the Principal should:

• Use experts to advise and assist in preparation of project documentation.
• Identify any health and safety information in their possession.
• Incorporate this information into project documentation.
• Advise Tenderers that Occupation Health and Safety is an important criterion in the evaluation of Tenderers.
• Ask Tenderers to acknowledge their health and safety obligations.
• Require the Contractor to provide site-specific safety plans and undertake and document a risk assessment.
• Require health and safety to be reviewed at site meetings and Project Control Group meetings.
• Develop formal processes such as checklists to enable the Principal or a representative to review health and safety performance and measure the level of compliance.

Duties of Designers

The OH&S Act now covers the role of Designers, such as Architects and Engineers. The Act requires that Designers responsibility is to ensure that buildings and workplaces are safe for the purpose for which they are designed. They are to retain records showing how they have identified and deal with risks as part of their duties as a designer. In those instances where the Contractor supplies designs or shop drawings, as part of their contract, the same obligations and conditions shall apply.

Role of Capital Management Branch

Capital Management Branch is responsible for the management of capital investment projects on behalf of the Department of Human Services, specifically for health and community services (excludes public housing).

Capital Management Branch’s role and responsibilities include:

• Establish, implement and audit compliance with policy, procedures and guidelines for capital investment by the Department of Human Services and agencies.
• Assessment and management of risk exposure areas of capital investment projects.
• Engage and manage consultants and building contractors on behalf of the Department.
• Act on behalf of the Crown in the role of Principal representative or superintendent on Departmental projects.