Document ID: chunk:federal_register_of_legislation:F2016L00416:reg:1:p2
Version: federal_register_of_legislation:F2016L00416
Segment Type: reg
Provision Reference: reg 1 (pt 2/3)
Character Range: 9240–12097

out excavation work.
For the purpose of this Code, the person conducting a business or undertaking who carries out the excavation work is sometimes referred to as the 'excavation contractor'.
A principal contractor for a construction project (for example where the cost of the construction work is $250 000 or more) has additional duties under the WHS Regulations (refer to section 3.1 of this Code).
Designers of structures must ensure, so far as is reasonably practicable, that the structure is without risks to health and safety, when used for a purpose for which it was designed. Designers must give the person who commissioned the design a written safety report that specifies the hazards relating to the design of the structure (refer to section 3.2 of this Code).
Officers, such as company directors, have a duty to exercise due diligence to ensure that the business or undertaking complies with the WHS Act and Regulations. This includes taking reasonable steps to ensure that the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks that arise from the excavation work.
Workers have a duty to take reasonable care for their own health and safety and that they do
not adversely affect the health and safety of other persons. Workers must comply with any reasonable instruction and cooperate with any reasonable policy or procedure relating to health and safety at the workplace.

1.3              What is required to manage risks associated with excavation work?

Regulation 305 A person conducting a business or undertaking must manage risks to health
and safety associated with excavation work.
Regulation 34-38 In order to manage risks under the WHS Regulations, a duty holder must:
    * identify reasonably foreseeable hazards that could give rise to the risk
    * eliminate the risk so far as is reasonably practicable
    * if it is not reasonably practicable to eliminate the risk – minimise the risk so far as is reasonably practicable by implementing control measures in accordance with the hierarchy
      of control
    * maintain the implemented control measure so that it remains effective, and
    * review, and if necessary revise control measures so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health and safety.
This Code provides guidance on managing the risks associated with excavation work by following a systematic process that involves:
    * identifying hazards
    * if necessary, assessing the risks associated with these hazards
    * implementing control measures, and
    * maintaining and reviewing the effectiveness of control measures.
Guidance on the general risk management process is available in the Code of Practice: How
to manage work health and safety risks.

Consulting your workers

Section 47 A person