Report of the Construction contracts register for the financial year to 30 June 2008.

Report of the Construction contracts register for the financial year to 30 June 2007.

Report of the Construction contracts register for the financial year to 30 June 2006.

Research in Australia and overseas has found that workers fabricating benchtops from stone can be exposed to levels of respirable crystalline silica (RCS) which are hazardous to their health. The effective control of occupational exposure can be achieved by the application of a range of known isolation, dust suppression, dust extraction, respiratory protection and housekeeping control options.

This guide outlines how to control exposure to airborne RCS dust during fabrication of stone benchtops or similar stone products and the health effects of breathing RCS dust.

This guidance note applies to all workplaces in Western Australia covered by the OSH Act. It provides guidance for employers and workers on silica hazards and some of the legislative requirements in the OSH Act and OSH regulations. This guidance note does not address other hazards that may be present in workplaces that fabricate stone products including benchtops.

WorkSafe has issued a safety alert on the health risks caused by exposure to respirable crystalline silica (RCS) for workers in the stone benchtop manufacturing, finishing and installation industries.

Cumulative exposure to RCS may cause serious, debilitating and potentially fatal health effects, including silicosis. RCS is smaller than dust and is invisible to the naked eye. Tiny particles of RCS can get deep into the lungs and cause permanent, progressive lung damage. There is no effective treatment for silicosis.

For further information visit the safety alert issued by WorkSafe.

Western Australians are being warned about the risks of attaching or hanging items around their homes, in the wake of a young man’s tragic death in Subiaco this month after a brick pier collapsed on an attached hammock.

It is WA’s second fatality in the past decade involving a hammock attached to a brick pier, prompting Building & Energy and Consumer Protection to urge caution about how and where equipment such as hammocks, swings, hanging chairs, shade-sails and basketball hoops are installed.

Building Commissioner Saj Khan said items like this should only be used if the supporting structure – including brick piers, walls, roofs, ceilings and beams – could handle the weight and loads.

“Unless the structure has been specifically designed for the attachment of a particular item, it should not be used for this purpose,” Mr Khan said.

“Isolated brick piers, in particular, are primarily designed to carry vertical loads and should not be retrofitted with items that may pull or push the pier sideways or off-centre.

“For example, a brick pier may be able to support loads coming from the roof or pergola, but may not necessarily handle a sideways force generated by the weight of a person using a hammock.”

The structural capacity of any part of a building depends on a number of factors such as the design, workmanship, quality of materials, maintenance and other existing loads.

The Building Code of Australia – which outlines the minimum technical requirements for the design and construction of buildings and related structures – does not necessarily anticipate the installation of additional items that may be attached to a building after its construction.

“Sometimes it’s hard to tell if a building element is strong enough to support the item you are thinking of attaching,” Mr Khan said.

“Before installing or using any item that will be attached around your home, you should consider seeking expert advice from a registered builder, structural engineer, a building surveyor or another qualified professional. If in doubt, don’t risk it.”

Consumers should also follow the manufacturer’s instructions when installing the items, according to Commissioner for Consumer Protection David Hillyard.

He said some goods, such as basketball rings and backboards, had mandatory standards requiring that instructions are provided about safe installation and use.

“Always make sure you know the requirements for safe installation and whether your property is suitable for these items before you purchase or use them,” he said.

“This is especially important when you’re buying gifts for others. If you or the gift recipient can’t safely install the item, look for alternatives such as a free-standing portable basketball ring instead.

“Consumers should also be aware of risks inside the home from toppling furniture or blinds and curtain cords, and the relatively simple steps required to secure them.

“It’s also important to report any products that are unsafe to us so we can take action.”

For more information, see the Building & Energy or Consumer Protection websites (via dmirs.wa.gov.au) or the Product Safety Australia website (productsafety.wa.gov.au) for details on standards and recalls, as well as tips and advice on Christmas gifts and holiday activities as part of the Safe Summer campaign.

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Note: Building and Energy (a division within the Department of Mines, Industry Regulation and Safety) was formed in January 2018 by the amalgamation of the Building Commission and EnergySafety.

Media contact: 0429 078 791 / cpmedia@dmirs.wa.gov.au

Propped open pool gates and faulty latches are a leading cause of drowning deaths in young children.

• Don’t prop the gate open! Keeping it closed will help prevent young children from drowning – a gate that is propped open will not.
• Keep the pool gate maintained and make sure it is self-closing and also self-latching.
• ALWAYS supervise young children around swimming and spa pools.

Your home is usually your biggest investment, so it's worth doing your research before deciding who will undertake your building project. Undertaking a few practical checks at the start can help avoid potential issues later.

Not all building work at your home needs to be carried out by a registered builder but it’s very important that work that does, is.  Ask yourself:

• Is a building permit required for my project? (Check with your local council.) 
• Is it valued at $20,000 or more?
• Is it located within this prescribed area? (Broadly, the prescribed area covers WA’s main population centres.)

If the answer to all these questions is yes, by law only a registered building contractor can perform the work. Registration is designed to ensure the person has the appropriate skills, knowledge and business stability to take on these larger projects. 
If the answer to any of the questions is no, you may choose to have the project done by either a registered or non-registered building service provider. 

The State Administrative Tribunal (SAT) has imposed a $20,000 fine and ordered further training after a father-and-son building partnership breached WA’s building laws in relation to defects at three new homes.

The disciplinary allegations against the partnership between Jason Zachariah Burns and his father, Richard Burns (BP4649), trading as Jason Burns Homes (BC13540, expired), were referred to the SAT by the Building Services Board.

The Tribunal found that Jason Burns Homes breached the Building Services (Registration) Act 2011 by failing to comply with Building Commissioner’s orders to rectify defects at three properties constructed during 2013 to 2015.

The SAT heard that a Beaconsfield home was yet to have flooring, electrical switches, paving and other key components installed three years after the build commenced.

Similar delays were reported at a Como house, where roof plumbing, front doors and plasterwork were missing.

At a property in Butler, structural issues were identified in the garage, alfresco area and some rooms.

The Tribunal found that Jason Burns Homes had failed to ensure the building services were properly managed and Richard Burns, as the partnership’s nominated supervisor, did not properly manage and supervise the building services he was responsible for.

In addition to a $20,000 fine, Jason Burns Homes was ordered to pay costs of $1,000. The partnership’s building contractor registration expired in April 2016.

The SAT also ordered that Richard Burns could not be a nominated supervisor of a building contractor until he passed two units of study on structural principles and estimated costs.

“I welcome the Tribunal’s findings. These are serious matters that no doubt caused significant stress and inconvenience for the home owners involved,” Building Commissioner Ken Bowron said.

“This outcome sends a clear message that we will take action against building industry participants who do not meet their obligations, even if their registration is no longer current.”

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Notes: BC and BP numbers refer to registration as a building contractor or building practitioner. The registers of building service providers are available online (dmirs.wa.gov.au).

Media contact: Sarah Roberts – 0466 409 828 or sarah.roberts@dmirs.wa.gov.au

Building and Energy is alerting owners and occupiers of properties with swimming or spa pools about the significant risks of propping open a pool gate.

Statistics show that drowning is the leading cause of accidental death in children under five years of age, with many such tragedies occurring in domestic pools.

Building laws in Western Australia require swimming and spa pools with water more than 30cm deep to have safety barriers. These laws are intended to protect the safety of young children by restricting their access to the pool area.

Owners and occupiers are required to comply with the laws by maintaining the pool barrier, including the pool gate and latches, at all times.

“Pool gates are a high-risk area and have been identified as the most common access point used by a young child to gain unsupervised access into a pool area,” Building Commissioner Ken Bowron said.

“Propping open the gate for any reason allows easy unsupervised access for toddlers to the pool, and they can drown in a matter of seconds.

“A pool’s safety barrier is worthless if the pool gate is propped open. You are also breaking the law.”

Under building laws, local governments have powers to issue an infringement notice and fine owners and occupiers up to $750 for failing to have a compliant safety barrier.

See the Building and Energy website (www.dmirs.wa.gov.au/rules-for-pools) for new flyers that alert people about pool gates, pools under construction and other safety issues. Local governments are encouraged to distribute these flyers as part of their building permit processes for pools and pool inspection programs.

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Media contact: Sarah Roberts – 0466 409 828 or CPmedia@dmirs.wa.gov.au

Two clients of a WA builder have transferred a total of $72,000 to scammers believing they were paying instalments towards the construction of their homes.

The two payments of $38,000 and $34,000 were made when the consumers received emails purporting to be from their builder requesting the payments be made to a different bank account.

The emails were fake and the consumers are now attempting to recover the lost funds from their banks.

Building and Energy and Consumer Protection have urged both businesses and consumers to be cautious when they get emails that advise of a change of bank account.

Commissioner for Consumer Protection David Hillyard said a number of WA businesses, their contractors and clients have fallen victim to these interception and false billing scams.

“Many industries are targeted in this type of scam, but particularly in areas where large amounts of money are being transferred between consumers and businesses such as real estate and settlement agents, and now the building industry,” Mr Hillyard said.

“Often the scammers gain access to the email communications between a business and its clients by hacking into email accounts or sending scam emails with links or attachments which, when clicked or opened, give the scammers access.

“Email addresses can also be ‘spoofed’ so they look like they are coming from the person or company you are dealing with.

“The emails look professional and authentic, so they are difficult to detect as fake. So our advice is that anyone who is transferring funds and receives a change of bank account notification to take the time to confirm it directly by calling the company or person they are dealing with. A few minutes on the phone could prevent a lot of financial misery later.”

Building Commissioner Ken Bowron has urged those operating in the WA building industry to be vigilant and thwart these stealing attempts.

“Every builder and contractor should have procedures in place to prevent scammers gaining access to email accounts by training staff not to open suspicious emails containing attachments or links,” Mr Bowron said.

“Consider getting advice from a cyber-security consultant to ensure all measures are in place, including updated virus protection and firewalls, to prevent incursions into computer systems and advise clients to confirm by phone if they receive any advice to make payments to another bank account, before transferring the funds.

“A variation of this scam is when false invoices are sent, or a scammer purporting to be a contractor can also advise the building company to pay the invoice to a different account. Ensure the details are correct by conducting a verification that is independent of what could be a scam email, so don’t just hit reply.”

Information and advice on scams is available on the WA ScamNet website www.scamnet.wa.gov.au. Enquiries can be made to Consumer Protection by email consumer@dmirs.wa.gov.au or by calling 1300 30 40 54.

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Note: Building and Energy (a division within the Department of Mines, Industry Regulation and Safety) was formed in January 2018 by the amalgamation of the Building Commission and EnergySafety.

Media contact:

Alan Hynd – 08 6552 9248 / 0429 078 791 / alan.hynd@dmirs.wa.gov.au

A Mandurah electrician has pleaded guilty to breaching electricity regulations by failing to install a crucial safety component at a building site, which could have resulted in a fatal electric shock.

Dale Eric Subke of Coodanup is a licensed electrician (EW159776) and a director of Subke Pty Ltd, trading as Dalectrix (EC9256).

On February 1, Mandurah Magistrates Court fined Mr Subke $4,500 and the company $15,000 for offences under the Electricity (Licensing) Regulations 1991. They must also pay $881 in costs.

The court heard that Mr Subke, as an electrician, failed to install a multiple earthed neutral (MEN) connection in a builder’s temporary supply switchboard at a Wannanup property in 2017.

The MEN is an essential part of an installation’s safety system. Without it, an earth fault in the installation could result in all the earthed components – including the metallic main switchboard enclosure, pole and appliance enclosures – becoming ‘live’ and dangerous. A person who has contact with these components could receive a fatal electric shock.

Subke Pty Ltd, as an electrical contractor trading as Dalectrix, was also charged after certifying that the electrical work was checked and tested, safe and found to comply with the Regulations. However, the absence of an MEN connection meant the work was not completed in accordance with the Regulations and the installation was unsafe.

Director of Energy Safety Ken Bowron welcomed the penalty imposed by the court.

“This is a significant fine that reflects the seriousness of the missing MEN connection, which could have resulted in a serious electrical accident or death if a fault had occurred,” he said.

“Anyone participating in a regulated industry must take responsibility for understanding and complying with relevant laws, particularly when the consequences can be so serious.”

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Media contact: 0466 409 828 or CPmedia@dmirs.wa.gov.au

Building industry participants in regional WA are invited to free information seminars on important changes coming up in the Building Code of Australia (BCA) 2019 edition. 

Spanning nine locations from Esperance to Broome during March, the events are presented by the Department of Mines, Industry Regulation and Safety’s Building and Energy team (formerly the Building Commission).

The seminars aim to help builders, building surveyors, architects, designers and others in the building sector understand the BCA changes as well as amendments to State building legislation.

“This is an excellent opportunity for practitioners involved with designing, approving or constructing buildings to gain first-hand knowledge about important changes to the BCA and WA’s Building Regulations 2012,” Building Commissioner Ken Bowron said.

“The BCA was previously updated annually and the 2019 seminars will be the first since the switch to a three-year amendment cycle, meaning it’s an ideal time to come along and find out what’s changed.”

The seminars are relevant to all building types, with a particular focus on residential construction and navigating the BCA’s new-look structure and layout.

Places at the free sessions are limited so registration is essential. Please visit Building and Energy’s events and seminars page (or search via dmirs.wa.gov.au) or phone 1300 489 099 or email be.events@dmirs.wa.gov.au to register.

All the 2019 regional seminars will be held from 9am to 12.30pm with refreshments provided. The dates for each location are:

 

The regional program follows information sessions in Perth presented by the Australian Building Codes Board on 19 February and 20 February at the Perth Convention and Exhibition Centre.

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Media contact: 0466 409 828 or CPmedia@dmirs.wa.gov.au

All three volumes of the National Construction Code (NCC) 2019 previews have been released by The Australian Building Codes Board (ABCB) and are available to download from NCC online.

Further information on the release can be found on the ABCB website.

NCC 2019 will be adopted from 1 May 2019.

You are reminded that the Building Regulations 2012 in Western Australia has a 12 months transitional provision. That is, until 30 April 2020 a building permit applicant may choose to comply with either the 2019 edition of the Building Code of Australia (NCC 2019 Volume One and Volume Two) or the 2016 edition (NCC 2016 Amendment 1 to Volume One and Volume Two). 

A number of new amendments in the 2019 edition of the Building Code of Australia (BCA) 2019 have a 12 months transition within the BCA itself these transitional periods run concurrently with the 12 months transition in the Building Regulations 2012.  This means no provision in BCA 2019 will have a transitional period that is greater than 12 months.

Information on changes

If you’d like an overview of the key changes, please see the latest ABCB Connect article. 'What to expect in NCC 2019'.

The ABCB will be delivering presentations in Perth to inform practitioners about changes in BCA 2019. Half day sessions will be running at Perth Convention & Exhibition Centre from 9.30am to 12.30pm on 19 February 2019 and 20 February 2019. For more information on the Perth seminars, visit the ABCB website, or contact Loud Events on (07) 3868 2882.

BCA 2019 information seminars will be presented by Building and Energy to the regional areas throughout March 2019. For more information on the regional seminars, visit the Department of Mines, Industry Regulation and Safety’s Events and seminars page.

A Plumbing Code of Australia (NCC Volume Three) update will be available via webcast by the ABCB in May 2019.

Please address all enquiries to be.events@dmirs.wa.gov.au or 1300 489 099.

A Herne Hill man has been fined $4,000 and ordered to pay $943.50 in costs by the Perth Magistrates Court on 22 February 2019 after altering a certificate of title which was part of an application for owner-builder approval.

Carl Rocco Garreffa had removed his wife’s name from the certificate of title of a property in Herne Hill which was jointly owned by the couple and failed to obtain her consent for an owner-builder registration application submitted in March 2017. It is an offence under the Building Services (Registration) Act 2011 for a person to provide information that is known to be false or misleading in relation to an application.

Building Commissioner Ken Bowron said the actions of Mr Garreffa undermined the integrity of the building application process.

“By falsifying a certificate of title that showed him as a sole owner of the property and deliberately excluding his wife from his application, Mr Garreffa attempted to subvert the process and obtain approval without his wife’s authority,” Mr Bowron said.

“Being the managing director of a civil construction company with more than 24 years’ experience in the industry, Mr Garreffa should have known full well the seriousness of his actions.”

In May 2018 Mr Garreffa was fined $10,000 by the Midland Magistrates Court for carrying out building works without a building permit.

“The behaviour by Mr Garreffa shows a blatant disregard for the building compliance process and the penalties imposed on both occasions should be warning to others in the building and construction industry in WA to ensure they fulfil their legal obligations,” the Building Commissioner said.

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Media Contact: Alan Hynd, (08) 6552 9248 / 0429 078 791 / alan.hynd@dmirs.wa.gov.au

This document provides guidance for post-May 2016 private swimming pools and details the applicable building standards for their safety barriers as detailed in Regulation 31C of the Building Regulations 2012 (the Regulations).

The Construction Industry Safety Advisory Committee (CISAC), a tripartite committee of the Western Australian Commission for Occupational Safety and Health, has been made aware of alleged non-compliance relating to the development and use of Safe Work Method Statements (SWMS), as follows:

• SWMS are being prepared by persons who are not in a position to assess the high risk work carried out, that is, ‘back office staff’
• generic SWMS are not being reviewed and updated for each specific task
• main contractors are not reviewing the content of subcontractor SWMS before work commences
• on-site employees are not receiving instruction and training in SWMS
• on-site employees are not reading SWMS before signing them
• if the work is not complying with the SWMS, main contractors are not stopping the work

Occupational Safety and Health Act 1984 (the Act), s 19

• Section 19 of the Act, Duties of employers, requires employers, as far as practicable, to provide and maintain a working environment in which their employees are not exposed to hazards.
• This requirement of the Act includes employers providing such information, instruction and training as is necessary to enable employees to perform their work so as they are not exposed to hazards.
• Section 23D of the Act, provides that where a principal engages a contractor to carry out work, section 19 of the Act applies.

Occupational Safety and Health Regulations 1996 (regulations), r 3.143

• Section 3.143 of the regulations requires that all high-risk construction work done, or to be done, at the site must be covered by a SWMS. Persons who have day-to-day on-site control of high risk construction work must provide the main contractor with a SWMS or, failing that, the main contractor must prepare the necessary SWMS and keep it up to date.
• The main contractor must ensure that high-risk construction work, as far as practicable, is carried out in accordance with the SWMS. If work is not carried out in accordance with the SWMS, the work must cease until the SWMS is complied with. 
• SWMS must be in writing and, as far as practicable, set out:
  • each high-risk construction work activity that is or includes a hazard
  • the risk of injury or harm to a person resulting from any such hazards
  • the safety measures to be implemented to reduce the risk, including the control measures which are genuinely based on the hierarchy of controls
  • a description of the equipment to be used in the work activity
  • the qualifications and training (if any) required for persons doing the work

OHSE Subbypack

The OHSE Subbypack (the pack):

• was produced in consultation with CISAC for use as a toolkit to help develop and review occupational safety and health management systems;
• is designed for use by self-employed persons, suppliers, service providers, contractors and subcontractors operating within the building and construction industry;
• comprises five sections - policy, planning, implementation, education & inspection and return to work & injury management; and
• has a template and guidance materials that can be adapted to the requirements of a particular work task.

Importantly, the SWMS template states:

“This SWMS has been developed through consultation with our employees and has been read, understood and signed by all employees undertaking the works.”

This section must be signed by the main contractor confirming the necessary consultation has occurred consistent with the duties imposed by the regulations.

CISAC:

• reminds members of the building and construction industry of their duty to comply with the regulatory requirements relating to SWMS;
• draws attention to the OHSE Subbypack which provides industry with useful information about the contents and use of SWMS; and
• emphasises the requirement that main contractors are to actively ensure compliance with SWMS.

CISAC comprises Western Australian representatives of the Construction Forestry Mining Energy Union, Australian Manufacturing Workers Union, Master Builders Association, Housing Industry Association, Chamber of Commerce and Industry, UnionsWA  and WorkSafe.

In March 2019, a truck mounted concrete pump with boom (TMCPWB) collapsed on to an operator.  The injured person had his leg pinned by the boom, causing leg injuries.

Possible contributing factors in incidents of this type

• Ground under the TMCPWB insufficiently compacted.
• Underground services not identified. When pressure is placed on underground services such as pipes, they may be damaged causing soil subsidence.
• TMCPWB not correctly set up, for example:
  • Outriggers not deployed;
  • Incorrect placement of outriggers; or
  • Suitable materials not used to support outriggers. Suitable materials include perpendicular (‘pigstyed’) timbers. 
• Insufficient operator training or experience.
• Insufficient operator attention to the task of setting up the TMCPWB.

Stability failure of TMCPWB, by Department of Mines, Industry Regulation and Safety - WorkSafe

Managing the risks

1. Ensure a safe work method statement (SWMS) is in place for high risk construction work, including work on a construction site where there is movement of powered mobile plant.
2. The SWMS must be customised to include site specific hazards and controls.
   • Include the identification of all underground services.
3. Ensure the ground underneath the TMCPWB has been assessed as suitable to support the weight of the TMCPWB.
4. Set up the TMCPWB in accordance with the manufacturer’s instructions.
   • If manufacturer’s instructions are unavailable, set up in accordance with Australian Standards AS 2550 and AS 1418.
5. Ensure the TMCPWB operator is adequately trained.
   • The applicable High Risk Work Licence is a minimum requirement, and further specific training may be required.
6. Operators should be fit to work and attentive to the job.

Further information

Australian Standards

• AS 1418.15 Cranes (including hoists and winches) Concrete placing equipment
• AS 2550.1   Cranes, hoists and winches – Safe use General requirement
• AS 2550.15 Cranes, hoists and winches – Safe use Concrete placing equipment

Industry guidelines

Cement Concrete and Aggregates Australia - Concrete Pump Delivery Industry Guidelines

The above information is provided based on WorkSafe’s preliminary investigation and further investigation is continuing.

The Building Amendment Regulations 2019 (the Amendment Regulations) were published in the Government Gazette on 26 March 2019. The Amendment Regulations come into effect on 1 May 2019. The Amendment Regulations amend the Building Regulation 2012 (the Building Regulations) to address administrative matters around the introduction of the 2019 edition of the Building Code of Australia (BCA, Building Code) and expiry dates associated with the transitional dates for the bush fire reforms. This industry bulletin outlines the key amendments.