Tag Archive for: WHS regulations

Insurance Considerations for Designers

/in , /by

Insurance Considerations for Designers

 

Insurance considerations – are you covered?

It is important that designers are aware of what is covered by their insurance policies in relation to Safe Design and WHS legislation.

Professional indemnity insurance will cover the designer for civil or common law claims, but most do not cover criminal prosecutions or fines and penalties which may arise from a breach of WHS legislation.

We suggest designers familiarise themselves with their existing insurance policies and ensure that they’re covered. A few insurers are now including some form of cover for damages and fines in their professional indemnity insurance packages. We advise you ask your insurer about the extent of the cover provided.

When changing insurers, it’s also important that designers request that the retroactive date be set to unlimited to ensure they’re covered for work prior to changing to the new insurer. If a designer retires or ceases to operate, it would be prudent to obtain ‘run off’ cover as the safe design legislation applies for the life of the structure.

Your Safe Design obligations

Duties of designers under safe design legislation

If you’re a building designer, architect, engineer, or other building design professional, we encourage you to enrol in our flexible and convenient ‘Safe Design Online Short Course’. 

It has been designed to assist you understand and practice safe design principles and is endorsed by the Safety Institute of Australia (SIA)’s Professional Development.

Need more info, contact us.

Safe Design Legislation & Harmonisation

/in , /by

Safe Design Legislation and Harmonisation

 

Legislation and Regulation

As a designer, are you fully aware of the work health and safety legislation and regulations in the State or Territory that you practice?

In 2009, Safe Work Australia (SWA), was established to improve work health and safety and workers’ compensation arrangements across Australia. Following a national review into relevant laws across the country, in addition to extensive public consultation, SWA created a model work health and safety (WHS) Act and WHS Regulation endorsed by the Workplace Relations Ministers’ Council (WRMC). The harmonisation of WHS legislation in Australia was proposed to:

  • reduce regulator burdens,
  • protect the health and safety of workers and workplaces,
  • reduce the compliance costs for business, and
  • improve efficiency of regulators.

All states and territories agreed to harmonise their work health and safety laws so each jurisdiction would be similar, however individual state and territory regulators are responsible for adopting and enforcing their own laws. And, designers have a responsibility to ensure they’re meeting the relevant requirements in their individual state or territory.

Understanding the Legislation Framework

The following framework shows how the elements under WHS legislation correlate:


 

  • The Act outlines duties in relation to workplace health and safety including those of designers.
  • Regulations and Mandatory Standards detail the mandatory requirements and provide additional information about how designers can fulfill their duties. Other legislative provisions include the National Construction Code of Australia (NCC) including the Building Code of Australia (BCA) and the building laws in each jurisdiction (state or territory).
  • Codes of Practice (COP) and Non-Mandatory Standards provide guidance on how to implement the legislation. Compliance is mandated unless the same or better is achieved.
  • Standards include Australian and technical standards – some are referred to in legislation (law).
  • Guidance Material include industry-specific safety standards and guidance material produced by the regulators and industry.

 

WHS Legislation and Regulation by State or Territory

The legislation and corresponding regulations in each state and territory in Australia vary slightly. It’s important that designers are familiar with their duties in the state or territory in which they practice. The following table has an overview, with relevant links to help.

State or Territory

 Legislation Regulator and Harmonisation Date
Australian Capital Territory

 

 

 

 

 Work Health and Safety Act 2011 (ACT); and Work Health and Safety Regulation 2011 (ACT).

Consider safety during:

  • Construction
  • Purpose for which it is designed (Workplaces only)
  • Maintenance, repair, cleaning
  • Demolition

Includes commercial and residential buildings.

 WorkSafe ACT

Commenced 1 January 2012

 

 

 
New South Wales

 

 

 

 

 Work Health and Safety Act 2011 (NSW); and Work Health and Safety Regulation 2017 (NSW).

Consider safety during:

  • Construction
  • Purpose for which it is designed (Workplaces only)
  • Maintenance, repair, cleaning
  • Demolition

Includes commercial and residential buildings.

 WorkCover NSW and SafeWork NSW

Commenced 1 January 2012

 

 

 
Northern Territory

 

 

 

 

 

 Work Health and Safety (National Uniform Legislation) Act 2011 (NT); and Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT).

Consider safety during:

  • Construction
  • Purpose for which it is designed (Workplaces only)
  • Maintenance, repair, cleaning
  • Demolition

Includes commercial and residential buildings.

 NT WorkSafe

Commenced 1 January 2012

 

 

 

 
Queensland

 

 

 

 

 Work Health and Safety Act 2011 (Qld); and Work Health and Safety Regulation 2011 (Qld).

Consider safety during:

  • Construction
  • Purpose for which it is designed (Workplaces only)
  • Maintenance, repair, cleaning
  • Demolition

Includes commercial and residential buildings.

 Workplace Health and Safety Queensland / WorkCover Qld

Commenced 1 January 2012

 

 
South Australia

 

 

 

 

 

 Work Health and Safety Act 2012 (SA); and Work Health and Safety Regulations 2012 (SA).

Consider safety during:

  • Construction
  • Purpose for which it is designed (Workplaces only)
  • Maintenance, repair, cleaning
  • Demolition

Includes commercial and residential buildings.

 SafeWork SA

Commenced 1 January 2013

 

 

 
Tasmania

 

 

 

 

 

 Work Health and Safety Act 2012 (Tas); and Work Health and Safety Regulations 2012 (Tas)

Consider safety during:

  • Construction
  • Purpose for which it is designed (Workplaces only)
  • Maintenance, repair, cleaning
  • Demolition

Includes commercial and residential buildings.

 WorkSafe Tasmania

Commenced 1 January 2013

 

 

 
Victoria

 

 

 

 

 

 

 Occupational Health and Safety Act 2004 (Vic); and Occupational Health and Safety Regulations 2017 (Vic).

Consider safety during:

  • Purpose for which it is designed (Workplaces only)
  • Maintenance, repair, cleaning

Excludes:

  • Construction and Demolition stages
  • Residential dwellings (apart from workplaces)
 WorkSafe Victoria

Commencement of National legislation – currently deferred

 

 

 

 
Western Australia

 

 

 

 

 

 

 Occupational Safety and Health Act 1984 (WA); and Occupational Safety and Health Regulations 1996 (WA).

Consider safety during:

  • Construction
  • Purpose for which it is designed (Workplaces only)
  • Maintenance, repair, cleaning

Excludes:

  • Demolition at end of life
  • Residential dwellings (apart from workplaces)
 WorkSafe WA

Commencement of National legislation – currently deferred

 

 

 

 
Commonwealth

 

 

 

 

 

 Work Health and Safety Act 2011 (Cth); and Work Health and Safety Regulations 2011 (Cth).

Consider safety during:

  • Construction
  • Purpose for which it is designed (Workplaces only)
  • Maintenance, repair, cleaning
  • Demolition

Includes commercial and residential buildings.

Australian Government Comcare

Commenced January 2012

 

NEED MORE INFO? Talk to us.

Duties of designers under safe design legislation

Want to find out more about your Safe Design obligations and how to navigate these in relation to your specific design project? Get in touch! You can also download our FREE EBOOK.

We’ve also developed a great training resource specifically for building designers, architects, engineers, and other building design professionals. Check out our flexible and convenient ‘Safe Design Online Short Course’, designed to assist you understand and practice safe design principles. It’s endorsed by the Safety Institute of Australia (SIA)’s Professional Development.

Need more info, contact us.

Safe design. The benefit of hindsight.

/in , /by

The benefit of hindsight. Changing outcomes for the future.

Safe design. The benefit of hindsight…

In February this year, a 6.4 magnitude earthquake hit regions of Taiwan. The image of a propped up Marshall Hotel in Huelin did the rounds on social media.

Many thought this image was comical (particularly without background of what happened) and sadly, many people lost their lives that day.

Earthquakes can’t be avoided. Every environment, region or structure, however, has its own unique circumstances or considerations, and regardless of whether it’s manmade or natural, risks can be minimised or in many cases, eliminated.

How could the application of safe design practice changed this outcome?

Consultation and collaboration with specialists to consider Safe Design throughout all phases of the design, construction and usage stages of a structure are important to ensure we continually innovate and improve, while also preventing and minimising injury through the design of safe structures and workplaces.

Emergency workers went to alarming lengths in this instance. And, we don’t have the complete view of the design, development and construction lifecycle for this project. But, do you think the outcome could have been any different in this situation?

Read more: https://lnkd.in/ebsWsRK 

 

Find out more about safe design practice

For more information about the principles of safe design and how safe design can be integrated into your future building design projects, contact us.