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Revised Model Work Health and Safety Code of Practice: Construction Work
Public Comment Response Form
Model Code of Practice – Construction Work including Housing
Chapter 1: Introduction
Comments: (Please include section/page numbers).
1.6, p12. Under “builder”, term should be “Principal Contractor”, not “principle”.
1.7, p13. 2nd last paragraph commencing “Although a principal contractor….” Assessing systems for
managing risks is better done before engaging contractors/sub-contractors, so the 2nd sentence should
state “before” engagement rather than “upon”.
Chapter 2: Specific Duties relating to Construction Work
Comments: (Please include section/page numbers).
2.1, p15. Designers. 1st paragraph refers to Appendix J – why are appendices out of sequence to the
order in which they are referred in the Code? This would then logically be Appendix B. However, the
title of Appendix J is specific to housing construction which is not consistent with the reference sentence.
2.1, p15. Person that commissions construction work. We don’t agree with the comment that the PCBU
“that commissions construction work will usually be the builder of principal contractor”. This is certainly
not the case within the utilities sector where a water corporation commissions the work and generally
engages management/control to a Principal Contractor to undertake it. Suggest this sentence be
changed accordingly.
2.1, p16. The dot points under “Duties of a principal contractor 2” offer opportunities to refer to
Appendices F & G (for WHS management plan) and Appendix I (for requirements for general workplace
management). If this occurs, the Appendices should be ‘re-numbered’ accordingly – see comment
above.
2.1, p17. Paragraph 3 commencing “For example, the person…” does not only reflect housing
construction requirements, so the  symbol should be removed. Additionally, in Victoria, the excavator
operator is responsible to EnergySafe in the event of damage to underground assets, so the excavator
contractor and operator must ask for the essential services information, not “can”.
2.1, p18. Other Duties. Why does this only refer to excavation, and why mentioned twice?
2.5, p 20. Example 3. Is it really practical to expect a plumber to include a delivery amendment in ‘his’
SWMS and provide it to the builder for review?
2.5, p20. S7 of the model WHS Act provides the broad definition of workers, but only a few are
mentioned on the last paragraph of this page. Is it worth expanding this to include apprentices etc?
2.5, p21. Paragraph 4 commencing “In housing construction…” does not only reflect housing
construction consultation methods, so the  symbol should be removed and the paragraph reworded.
Chapter 3: Managing Risks with Construction Work
Comments: (Please include section/page numbers).
General. Suggest referencing the SWA Code “How to manage health & safety risks” early in this section.
3.3, p22. “….”trenches must be supported by shoring, benching or battering.” Although benching and
battering are control measures, they do not “support” a trench. Could also reference trench shields.
3.3, p23-24. If the above code is referenced, then could refer to Level 1, 2 & 3 controls – consistent with
that code.
3.3, p23. Eliminating the risk. Preventing the risk of fall from height often appears to be limited to
working at height, where working alongside openings/pits/shafts etc also presents a fall risk. So suggest
adding words to the effect of “or covering an opening with a fixed grate, lid or using some other fixed
barrier” at the end of the 3rd sentence.
Chapter 4: Safe Work Method Statements
Comments: (Please include section/page numbers).
Nil
Chapter 5: WHS Management Plans for Construction Projects
Comments: (Please include section/page numbers).
Nil
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Chapter 6: Information, Training, Instruction and Supervision
Comments: (Please include section/page numbers).
Nil
Chapter 7: General Workplace Management Arrangements
Comments: (Please include section/page numbers).
Reference to Appendices G and H should be H and I. There is also an opportunity to reference
Appendices D and E. See previous comments regarding the re-ordering/numbering of appendices.
Appendix A: Examples of Construction Work and High Risk Construction Work
Comments: (Please include section/page numbers).
Table 1, p36. Any work connected with excavation. Installation of in-ground pool etc is duplicated. No
mention of water or sewerage works within “services”.
Table 1, p37. Work on or near water. Constructing a structure near a swimming pool is very limited as is
a structure related to a waterfront home. Suggest adding an extra dot point along the lines of “building a
structure on or near a river, lake or reservoir”.
Table 3, p38. Fall from height. Further to my comment at 3.3, suggest adding another dot point –
“working adjacent to a pit or opening with a fall height > 2 metres” or words to that effect. Could also
include falls from plant. Refer Victorian Civil Construction Industry Standard 5.1.
Table 3, p38. Asbestos. Suggest adding reference to working on asbestos cement (AC) pipework –
common in the water industry.
Table 3, p38. Confined space. A sewer trench does not need to be 3m deep to constitute a CSE –
suggest reference to the trench be amended to reflect the position of a person’s head relative to the
danger, rather than the depth of the trench. Also, could add another dot point along the lines of –
working in a normally ventilated trench/space alongside a road or some source of fumes.
Table 3, p38. Contaminated or flammable atmosphere. Related to CSE, so suggest these two rows be
adjacent.
Table 3, p38-39. Work on, in or adjacent to a road. The example mentions installing drainage, but
should be expanded to reflect any construction work that involves digging on/in a road or within a road
reserve – could be installation or repairs to any underground service.
Table 3, p39. Work on or near water. The examples seem limited. Suggest adding an extra dot point
along the lines of, “Constructing a structure on or near any water body where there is a risk of drowning”.
This then covers lakes, reservoirs.
Appendix B: Safe Work Method Statement Template
Comments: (Please include section/page numbers).
Looks OK.
Appendix C: Safe Work Method Statement Example
Comments: (Please include section/page numbers).
The example is heavily ‘housing construction‘ focused and lacks much of the detail required for more
complex construction works. The level of detail should be relative to the hazard; eg: working on
asbestos, under power lines and in or alongside the road require specific levels of additional detail and
forms which would need to accompany the SWMS (as required by various regulators).
Appendix D: General Construction Workplace Facilities
Comments: (Please include section/page numbers).
P46-48. As an expansion of that included in Appendix I, this appendix appears better placed either after
Appendix I or as an extension of it.
The three examples all cover significant projects. What about smaller works?
Appendix E: Preparing a WHS Management Plan
Comments: (Please include section/page numbers).
Nil
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Appendix F: WHS Management Plan Template
Comments: (Please include section/page numbers).
Nil
Appendix G: Sample Completed WHS Management Plan
Comments: (Please include section/page numbers).
Nil
Appendix H: Housing Construction Workplace Management Arrangements
Comments: (Please include section/page numbers).
General. Has a specific housing construction scope while the rest are more general - re-number and
place as last appendix.
Appendix I: General Construction Workplace Management Arrangements
Comments: (Please include section/page numbers).
General. See previous comments –re-number as Appendix H (or earlier) to suit flow within the code.
Appendix J: Design Duties
Comments: (Please include section/page numbers).
Titled “Design duties relating to housing construction”, but why restrict to housing construction?
Reference in 2.1 (Designers) does not limit scope. If expanded beyond housing constriction, re-number
to suit flow within the code – refer comments against 2.1 above.
General Comments
There is a strong male gender bias in the language of the document – reference to “he”. Contractors and
PCBUs etc may be female & it is reasonable to either use “he/she” or a neutral term.
Several of the Appendices are listed out of the order in which they appear (or could appear) in the code see comments throughout.
Comments on specific issues
Do the additional examples in the revised draft Code provide sufficient guidance to help the
housing construction industry, including small business owners, understand and comply with the
WHS regulations for construction work?
Unable to comment.
Are the terms used in the draft Code clear and appropriate, such as ‘housing construction work’,
‘builder’ and ‘owner-builder’?
Unable to comment.
Are the templates for a safe work method statement and a work health and safety management
plan practical to implement?
Appear OK and fit my understanding of the model for a SWMS:
1. Identify hazard and controls – no need for assessment of risk unless mandated.
2. Keep it as short as practical, while at the same time saying what is needed. The level of detail should
be relative to the hazard; eg: working on asbestos, under power lines and in or alongside the road
require specific levels of additional detail and forms which would need to accompany the SWMS (as
required by various regulators).
What additional changes, if any, would make the revised draft Code more useful for the housing
construction sector?
Unable to comment.
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