Document ID: chunk:federal_register_of_legislation:F2016L00394:body:0:p15
Version: federal_register_of_legislation:F2016L00394
Segment Type: other
Provision Reference: 
Character Range: 36511–39315

circumstances, both the builder and subcontractors may have these duties in relation to the part of the workplace over which they have management or control.
For example, the person with management or control of the workplace must take all reasonable steps to ensure underground essential services information is obtained prior to directing or allowing excavation work to commence. Both the builder and excavation subcontractor must consult with each other to decide who will obtain the required information before the work starts. If the builder obtains the information, the information must be provided to the excavation subcontractor and the excavation subcontractor must provide it to the workers engaged to carry out the work. The excavation contractor can also ask for this information to ensure they carry out their work safely.
Both the builder and subcontractors would also have a duty to ensure, so far as is reasonably practicable, that subcontractors' work areas are secured against unauthorised access prior to leaving the site if hazards are present. For example, both duty holders must ensure that the risk of anyone falling into open excavations after hours is eliminated or minimised so far as is reasonably practicable. The duty holders should consult to reach an agreement as to who should actually secure the site. The excavation subcontractor might undertake to barricade the excavation area in an agreed way and the builder might undertake to fence off the construction site to prevent unauthorised persons entering the site.

 Bricklaying subcontractors working on site by themselves should secure their scaffolds, for example by removing access ladders prior to leaving the site. As the builder also has a duty to ensure health and safety in relation to scaffolds at the workplace, they should consult, cooperate and coordinate with the bricklaying subcontractor to determine how any risks will be managed (i.e. the way in which the scaffold will be secured). This might be as simple as having a discussion and agreeing that the subcontractor will secure the scaffold in a way that is determined to be safe.

Persons carrying out high risk construction work
The WHS Regulations place obligations on persons conducting a business or undertaking that includes the carrying out of high risk construction work to:
    * ensure that a SWMS is prepared before the proposed work commences;
    * make arrangements to ensure that the high risk construction work is carried out in accordance with the SWMS;
    * ensure that a copy of the SWMS is given to the principal contractor before the work commences
    * ensure that the SWMS is reviewed and revised if necessary ;
    * keep a copy of the SWMS until the high risk construction work is completed, or if a notifiable incident occurs