New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 227

227 Responsibility to provide safe work method statements-principal contractor and sub-contractors

(1) This clause applies to any place of work at which:

(a) construction work is undertaken and the cost of the work exceeds $250,000, or

(b) high risk construction work is undertaken and the cost of the work does not exceed $250,000, or

(c) demolition work or asbestos removal work for which a licence is required under Chapter 10 to carry on the business of that work is undertaken (regardless of the cost of the work).

(2) A principal contractor for the construction work must ensure that each sub-contractor, before commencing work at a place of work, provides the principal contractor with a written safe work method statement for the work to be carried out by the sub-contractor.

Maximum penalty: Level 3.

(3) A principal contractor must ensure that:

(a) a sub-contractor is directed to comply with:

(i) the safe work method statement that the sub-contractor has provided, and

(ii) the requirements of the Act and this Regulation, and

(b) the activities of a sub-contractor are monitored to the extent necessary to determine whether the sub-contractor is complying with:

(i) the safe work method statement that the sub-contractor has provided, and

(ii) the requirements of the Act and this Regulation, and

(c) if the sub-contractor is not so complying, the sub-contractor is directed to take action immediately to comply with the safe work method statement or the requirements of the Act and this Regulation, or both, and

(d) if a risk to the health or safety of a person arises because of the non-compliance, the sub-contractor is directed to stop work immediately and not to resume work until the safe work method statement or those requirements, or both, are complied with, unless an immediate cessation of work is likely to increase the risk to health and safety, in which event the sub-contractor must be directed to stop work as soon as it is safe to do so.

Maximum penalty: Level 4.

(4) If there are no sub-contractors for the construction work, the principal contractor must:

(a) undertake an assessment of the risks associated with the work to be carried out and prepare a written safe work method statement that includes a copy of the assessment of risks, and

(b) maintain and keep up to date the statement, and

(c) ensure that the work is carried out in accordance with the statement, and

(d) if a risk to the health or safety of a person arises because of non-compliance with the statement, ensure that work is stopped immediately and not resumed until the statement is complied with (unless an immediate cessation of work is likely to increase the risk to health and safety, in which event the principal contractor must stop the work as soon as it is safe to do so).

Maximum penalty (subclause (4)): Level 4.