Document ID: chunk:federal_register_of_legislation:F2016L00394:body:0:p16
Version: federal_register_of_legislation:F2016L00394
Segment Type: other
Provision Reference: 
Character Range: 39082–42030

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 in connection with the high risk construction work, for at least two years after the incident occurs, and
    * ensure that for the period the SWMS must be kept it is readily accessible to any worker engaged to carry out the high risk construction work and for inspection under the Act (e.g. by an inspector).

Other duties
Apart from the specific duties outlined above, a person conducting a business or undertaking must:
    * manage risks to health and safety when excavation work is being carried out and comply with the requirements of the WHS Regulations regarding the excavation of trenches
    * comply with the requirements of the WHS Regulations in relation to general construction induction training.

2.2              Officers
Officers, for example company directors, have a duty under the WHS Act to exercise due diligence to ensure that the person conducting the business or undertaking complies with its duties and obligations under the WHS laws. Exercising 'due diligence' includes taking reasonable steps to:
    * have up-to-date knowledge of work health and safety matters
    * gain an understanding of the organisation's operations, including its hazards and risks
    * ensure that the PCBU has available for use, and uses, appropriate resources and processes
      to eliminate or minimise risks to health and safety that arise from the construction work
    * ensure that the PCBU has appropriate processes for receiving, considering and responding
      to information about hazards, risks and incidents
    * ensure that the PCBU has, and implements, processes for complying with its work health
      and safety duties, and
    * verify that these resources and processes are provided and used.

2.3              Workers
A worker is any person who carries out work in any capacity for a business or undertaking. Workers include direct employees, subcontractors and employees of subcontractors, employees
of labour hire companies and apprentices. Workers must always:
    * take reasonable care for their own health and safety
    * take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons, and
    * comply with any reasonable instruction and cooperate with any reasonable policy or procedure relating to health and safety at the workplace.
In relation to construction work, workers must:
    * keep their general construction induction training card available for inspection, or
    * if awaiting a decision on their application for a general construction induction training card—keep their general induction training certification available for inspection.
Subcontractors must comply with both the duties of workers and of PCBUs.