Definitions Client Party inviting and receiving tenders and letting contracts. Consultant Professional party that contracts with a client to provide design, management or other professional services related to construction. Construction All organised activities concerned with demolition, building, landscaping, maintenance, civil engineering work, process engineering, mining and heavy engineering. Construction Consultative Committee The Construction Consultative Committee consists of representatives of key agencies involved in construction procurement and assists the Government in the development of consistent and effective construction procurement practices, and in promoting the application of these practices by agencies. Contractor PCBU that contracts with a client to carry out construction and related services. Government agency NSW government department, authority, corporation or entity established by an Act of the NSW Parliament. The terms ‘government agencies’, ‘agency’ or ‘agencies’ are used interchangeably in these Guidelines. Notifiable incident An incident involving the death of a person, or serious injury or illness of a person or a dangerous incident, (as defined in the WHS Act 2011) that must be notified to WorkCover NSW Government Construction Agencies Government agencies responsible for construction procurement projects and represented on the Construction Consultative Committee (CCC). Person conducting a business or undertaking (PCBU) May be an individual person or an organisation conducting a business or undertaking (as defined in the WHS Act 2011) and include. Public companies Private companies Partners in a partnership Sole traders and self employed people Government departments and authorities Associations, including not-for profits, if they have one or more workers Local government councils Independent schools Cooperatives Universities. Principal contractor Contractor that contracts with an agency as the client, and is appointed as principal contractor (as defined in WHS Regulation 2011) for nominated work. Project An undertaking with a defined beginning and objective by which completion is defined. A project may be completed using one contract or a number of contracts. Safe design report A report, prepared by the designer of a structure with unusual or atypical design features, which specifies hazards relating to the design, that, so far as the designer is reasonably aware, create a risk during construction work Safe design WHS file One method of recording WHS information for transfer from the designer to the client Service providers Includes principal contractors, contractors, subcontractors, consultants and suppliers. Subcontractor PCBU that contracts with a contractor as the client to carry out construction and related services. Supplier PCBU that contracts with a client to provide a product and/or service. .
These Guidelines, any associated guidelines or any previous guidelines do not in any way relieve service providers of their legal obligations. Service providers are and remain responsible for meeting their obligations under WHS laws. Principal Contractor requirements Contract category At tender stage Before work begins During contract Contracts valued at $1m or more OR Where the government agency otherwise determines Provide evidence of a WHS Management System that meets the requirements of the NSW Government WHS Management Systems and Auditing Guidelines 5th Edition ( and previous satisfactory WHS management performance. Submit a Project WHS Management Plan. Implement Project WHS Management Plan Submit WHS Management Monthly Reports Report WHS incidents Contracts valued at below $1m Provide evidence of previous satisfactory WHS Management performance. Submit a WHS Management Plan Implement WHS Management Plan Submit WHS Management Monthly Reports Report WHS incidents Government agency requirements Contract category Preparing the tender During tender review Post award of contract - before work begins During contract Design consultancy Include safety risks relating to the site where the construction work is to be carried out Confirm designer is capable of meeting safe design obligations Not applicable Consult with the designer about safety. Require the designer to provide safe design information. Contract valued at $ 1m or more or lower if Include safe design report and asbestos Confirm contractor has Acceptable WHS Review Project WHS Audit the contractor’s implementation of
Audit leader and audit team Audit leader, audit team, contractor’s representative, government agency audit. Develop itinerary for audit. Agree on communication to be used throughout the audit process. Review contractor’s Project WHS Management Plan. Review any other relevant documentation, for example, previous audit reports, contractor’s actions to address any Corrective Action Requests from previous audits. Meet with government agency and contractor to confirm scope and objectives of audit and approach to be taken. Audit leader allocates responsibilities to team members. Conduct the audit Hold entry meeting Follow audit methodology Audit leader and audit team Meet with government agency and contractor to enable the audit team to explain the audit process and the approach to be taken. Review and assess the implementation and effectiveness of the Project WHS Management Plan. Visit the specific areas of the contractor’s operation covered by the audit scope, and review and evaluate conformance to the Plan (see for an Audit Checklist). Document any non-conformances. Request the contractor’s representative to confirm the by signing a document recording the non-conformance. Task Responsibility `Description & the audit Hold final audit team meeting Audit leader and audit team Meet to review audit findings. Identify and discuss areas where the contractor is performing well. Clarify and discuss issues and areas of concern. Discuss any non-conformances. Prepare an audit report containing non-conformances and completion dates for corrective actions. The audit report should be written
Performance Measurement Performance measurement is an essential aspect of monitoring and evaluating WHS performance in an enterprise and/or industry. One of the primary objectives of measuring WHS performance is to provide feedback regarding health and safety performance. The benefits associated with the introduction of a performance measurement system for WHS include: The ability to provide an indication of how an enterprise is performing in relation to WHS issues The ability to identify problem areas where adverse outcomes are occurring and subsequently to identify where preventive action should take place The ability to document effects of attempts to improve WHS. For example, a measurement system could provide feedback as to whether implemented safety interventions are operating adequately The ability to promote WHS reviews of existing work practices and work organisation The use of performance measures for benchmarking or comparative performance assessments Project Performance procedures should: Define the methodology for establishing, monitoring and reviewing WHS objectives and targets for corporate and project level Require objectives and targets to be incorporated into the Project WHS Management Plan Specify how requirements in regards to preparing regular WHS performance reports / records, e.g. monthly Define the process for collating WHS performance reports from all projects and benchmarking performance across the contractor operations Require the review of the Performance Reports by the contractor’s senior management and provide feedback to the Project Team Reporting Culture Reporting culture is the willingness for the contractor to report incidents, near misses and errors to the Client. A reporting culture is one in which reporting is actively encouraged by all NSW Government Construction Agencies and contractors, with an emphasis on learning from these reports. These Guidelines enhance the reporting culture. Client Reporting The contractor should establish procedures for the timely reporting to the Client of: WHS Incidents, including, for notifiable incidents, investigation reports and corrective actions; Worksite incidents, including such things as near misses, contact with hidden services WorkCover site visits WorkCover Notices issued and corrective action taken Visits by Unions, Federal Safety Commission and similar organisations to the site Results of internal reviews, site inspections and implementation of inspection and testing plans Results of audits, including and the implementation of corrective actions
1 Senior Management Commitment Question Does this element of the WHS Management System/Project WHS Management Plan (hereafter System/Plan) clearly describe: No. Page Number or Evidence of Implementation 1. Specific senior management responsibilities and commitment to continual improvement? 2. Specific responsibilities of management and other personnel responsible, their qualifications and accountabilities to deal with WHS matters, including the names of staff in the Project WHS Management Plan? Responsibilities, including names and positions, for: a). Allocating adequate resources to deal with WHS matters? b) Ensuring that WHS policies, Management Systems and Plans are communicated to workers? c) Managing compliance with WHS legislation, regulations, standards and codes? d) The injury management and rehabilitation of injured workers and others? e) Ensuring WHS workplace consultation is operating? Findings: 3
2 Communication and Consultation Question Does the System/Plan clearly describe how the contractor plans to: No. Page Number or Evidence of Implementation 1. Facilitate the establishment of WHS Committee or HSR or WHS Representative or other arrangements for WHS consultation agreed by management, workers and service providers. 2. Review site consultation arrangements with workers and service providers. 3. Ensure that all workgroups will be represented by either the WHS Committee or Representative or are involved in the site specific other agreed arrangements 4. Elect the WHS Committee or HSR or WHS Representative, if applicable to the agreed site communication and consultation arrangements 5. Ensure that each member of the WHS Committee, HSR or WHS Representative undertakes WHS consultation training 6. Record, publicise and encourage workers representatives to participate in the work on a regular basis 7. Consult on the job through daily communication between site managers, workers and service providers 8. Provide access to relevant WHS information through notice boards, toolbox meetings, circulars and safety alerts 9. Liaise with their service providers to coordinate WHS consultation and communication on work sites. Findings:
6 Training Question Are procedures clearly described for the following activities: No. Page Number or Evidence of Implementation 1. Identifying the training needs of management, supervisors, workers, subcontractors and visitors? 2. Providing site WHS induction training, task training and refresher training? 3. Providing WHS Committee/WHS or HSR representative with consultative training? 4. Providing specific training necessary to conform with WHS requirements? 5. Providing training in emergency procedures? 6. Keeping appropriate records of WHS training? 7. Making sure all workers working on site have who will be on the project have completed general construction induction training? Findings