Federal Safety Commissioner to regulate Building and Construction Industry
The Federal Safety Commissioner will regulate safety on building and construction projects commissioned or funded by the Commonwealth following the passage of the Building and Construction Industry Improvement Bill through the Senate on 7 September 2005.
Amendments to the Bill, which was first introduced into Parliament in 2003, establish the Office of the Federal Safety Commissioner and provide for the establishment of an occupational health and safety accreditation scheme. The Minister for Employment and Workplace Relations will be able to give general directions to the Federal Safety Commissioner under the legislation.
The new legislation will also allow for the employment of Federal Safety Officers. These officers may exercise powers delegated by the Commissioner to enter premises to ensure compliance with the building code established under the legislation and with the safety accreditation scheme. A federal safety officer will also have the power to inspect work, make copies of documents, take samples and interview persons at the place of work.
The amendments to the Bill are in response to the Building Industry Royal Commission findings that the occupational health and safety performance of the Building and Construction industry was unacceptable. The Construction industry has the second highest incidence of compensated fatalities in the workplace as well as the third highest incidence of workplace injuries. Workers compensation premiums are the second highest of all industries.
The role the Federal Safety Commissioner is intended to promote and enhance is workplace health and safety in the industry, by promoting improved safety performance on Commonwealth funded building projects.
The accreditation scheme partly mirrors the pre-qualification schemes for State and Territory government building and construction work. Participation in the Commonwealth accreditation scheme will be voluntary. However, tenders from persons or companies that are not accredited will not be accepted.
The Bill is expected to be passed into legislation by the lower house in the current sitting of Parliament.
Gordon Jervis
Senior Associate Australian Business Lawyers