WHS obligations for small Aussie builders

Your primary obligations are to:

1. Control hazards and risks
2. Consult workers and subbies
3. Training and supervise
4. Notify Safework of any incidents
5. Monitor workers health 
6. Maintain and store documents

In all Australian states and territories, small home builders have several legal Work Health and Safety (WHS) obligations designed to ensure the safety and well-being of their workers, subcontractors, and anyone else who might be affected by their work. These obligations are set out primarily in the various WHS legal Acts for each state. 

Summary of obligations:

1. Duty of Care

• • Primary Duty of Care: Small home builders must ensure, as far as reasonably practicable, the health and safety of workers while they are at work. This includes providing safe systems of work, safe use and handling of plant, structures, and substances, and ensuring the workplace is without health and safety risks.
  • Specific Duties: This includes maintaining safe plant and structures, providing adequate facilities, and ensuring the safe handling of substances.

2. Risk Management

• • • Identify Hazards: Regularly identify hazards that could affect health and safety.

    • Assess Risks: Assess the risks associated with identified hazards.

    • Control Risks: Implement measures to eliminate or minimize risks as much as reasonably practicable.

    • Review Control Measures: Regularly review and, if necessary, revise control measures to maintain an appropriate level of safety.

3. Consultation

• • • With Workers: Small home builders must consult with their workers about WHS matters, giving workers a reasonable opportunity to express their views and contribute to decision-making processes.

    • With Other Duty Holders: If there are multiple duty holders (e.g., other subcontractors), they must consult, cooperate, and coordinate activities with them to ensure a safe work environment.

4. Training and Supervision

• • • Provide necessary training, instruction, and supervision to ensure that workers can perform their work safely.
    • Ensure that workers are aware of WHS procedures and are trained in using safety equipment and systems.

5. Incident Notification

• • • Report Notifiable Incidents: Immediately notify SafeWork NSW of any notifiable incidents, such as the death of a person, a serious injury or illness, or a dangerous incident.

    • Preserve Incident Sites: Preserve the incident site until an inspector arrives or otherwise directed by SafeWork NSW, except to assist an injured person or to make the site safe.

6. Documentation and Record Keeping

• • • Maintain and regularly update WHS documentation, including risk assessments, safety plans, training records, and incident reports.
    • Ensure all records are kept for the required duration and are accessible for inspection by SafeWork NSW.

7. Safety Management Plans

• • • Develop and implement WHS management plans for construction projects to ensure systematic management of safety and compliance with WHS laws.

8. Personal Protective Equipment (PPE)

• • • Ensure that appropriate PPE is provided to workers and that it is used correctly.

    • Provide training on the correct use and maintenance of PPE.

9. Health Monitoring

• • • Provide health monitoring for workers if they are exposed to certain hazardous chemicals, substances, or conditions.

Compliance and Penalties

Failure to comply with WHS obligations can result in significant penalties, including fines and, in severe cases, imprisonment. Small home builders must stay informed about their legal duties and ensure compliance with all WHS requirements.