New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 229

229 Responsibilities of 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) 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).

Subclauses (2) (b) and (3) also apply to any place of work at which high risk construction work is undertaken and the cost of the work does not exceed $250,000.

(2) A sub-contractor must not commence construction work at a place of work unless the sub-contractor:

(a) has been provided by the principal contractor for the construction work with a copy of the parts of the occupational health and safety management plan for the place of work that are relevant to the sub-contractor, and

(b) has undertaken an assessment of the risks associated with the work to be carried out and provided to the principal contractor a written safe work method statement that includes a copy of the assessment of risks, and

(c) has completed induction training with respect to occupational health and safety as specified in the occupational health and safety management plan for the place of work.

Maximum penalty: Level 3.

(3) A sub-contractor must not allow an employee of the sub-contractor to start work at a place of work at which construction work is carried out unless the employee has completed induction training with respect to occupational health and safety as specified in the occupational health and safety management plan for the place of work.

Maximum penalty: Level 3.

(4) A sub-contractor must maintain and keep up to date the sub-contractor’s safe work method statement for a place of work, and must provide the principal contractor with any changes made to the safe work method statement.

Maximum penalty: Level 1.

(5) A sub-contractor must provide the principal contractor for the place of work with any information known to or records held by the sub-contractor concerning hazardous substances or atmospheric monitoring or health surveillance that is required by this Regulation to be entered in the register of hazardous substances or kept for the place of work.

Maximum penalty (subclause (5)): Level 2.