DRAFT Code of Practice for

CONSTRUCTION HEALTH & SAFETY MANAGEMENT SYSTEMS

***WORKING DRAFT*** 20/11/02

CONTENTS
INTRODUCTION

Background to this Code of Practice How to use this Code of Practice Definitions

CODE OF PRACTICE
(ie: what you have to do your obligations under the Act)
note: only the first four sections below have been developed to date and are included in this draft document. The remaining sections will be developed in a staggered process and sent out for comment as drafts are completed. It is envisaged that the Code of Practice will start life as an Advisory Standard. Following a trial period to iron out any problem areas, the Code will be submitted to be accepted as an Approved Code of Practice under the HSE Act.

1. 2. 3. 4. 5. 6. 7. 8.

Commitment Contractor Selection and Monitoring Project Safety Planning Safety Performance Measurement and Accountability Training Inspection Processes Accident Investigation Injury Management

Editing note sections below to be developed:

SUPPORTING INFORMATION
The intention is to have supporting information available with the Code of Practice. This separate document will cover How to information which will give industry the how to tools and information to help in implementing your obligations under the Act as outlined in the Code of Practice. This will include:

HOW TO SAFETY MANAGEMENT INFORMATION (ie: how you do it - implementing your obligations) AUDIT (ie: check youve done it) APPENDIX OF SAFETY TOOLS AND FORMS
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INTRODUCTION
Background to this Code of Practice
What is this Code, who is it for and when should it be used? This Code explains how the Health and Safety in Employment (HSE) Act 1992 applies to construction safety management systems. It describes one way of meeting the requirements of the Act with respect to safety management systems. The Code is a statement of current preferred practice in meeting the requirements of the HSE Act but also provides guidance on the implementation of safety management systems. Parties may choose to use other methods to meet the requirements of the HSE Act. The legislation states that the other methods chosen are at least as effective as the ones in the Code / result in a safe place of work. Why is this code needed and where does it fit into the bigger picture / What advantages are there to implementing this code and why do you need one? Editing note: to be completed. What is a Construction Safety Management System? Safety Management and Project Management are very similar. Goals are established, costs managed, plans developed, performance measured and outcomes are evaluated. Not only are safety management techniques the same as those used for project management but safety management will enhance project management efforts by improving communication and contractor relationships and by minimising problems, delays and unnecessary costs. By implementing an effective safety management system, the entire project team of contractors, managers, designers and employees will be empowered to meet their responsibilities, helping to achieve project goals. A Safety Management System or Programme outlines managements commitment to safety and describes the process by which management will accomplish its goal of ZERO accidents by creating a safety culture. The programme itself will obviously not ensure that you achieve ZERO accidents. The organisation must make safety convenient for employees through proper planning (as covered in section __ Project Safety Planning) and the organisation will need to monitor to ensure that safety responsibilities are met through active supervision and accountability (as in section __ Safety Performance Measurement and Accountability). Three Keys to Successful Safety Management: 1. Safety Planning: Plan safety into projects so safety becomes convenient for workers. Do this and safety wont cost more and it wont slow you down. Short cuts, delays, unsafe acts and problems will be minimised. 2. Employee Behaviour: Employees need to understand the organisations priorities. The only signal your employee should receive is that safety is your number one priority. Human behaviour is based on consequences to action. There should be positive reinforcement for safe acts and there should be penalties or other negative consequences for unsafe acts. 3. Performance Measurement: What gets measured gets done! Measuring the safety performance of your managers, supervisors, employees and contractors who work for you is 2

essential. Providing feedback, good or bad, demonstrates managements commitment to safety. When productivity alone is measured, safety will always be seen as nice to have but only when it doesnt affect productivity. The safety evaluation process should include both immediate feedback on actions and periodic feedback in the form of performance reviews and appraisals. Ask yourself these questions to help determine the current state of your safety system. does safety get more attention after an accident than it does before one? do you plan safety into your projects? are there consequences to unsafe acts? are shortcuts tolerated in the interest of getting the job done? and how is safety performance measured? This Code of Practice will address these critical issues in detail, giving you step by step advice to develop and implement your safety programme and the practicable steps necessary to ensure that no one is harmed on your projects. Remember to keep records: It is a legal obligation to keep records. Maintaining a record (a paper trail) of all the steps you have taken for the health and safety management of anything under your control is the best method of demonstrating how you have complied with the obligations you hold. (these obligations must of course be fully implemented)

How to use this Code of Practice

Document layout
This Code of Practice for Construction Safety Management Systems covers your safety management obligations under the HSE Act (1992). It details specific requirements and steps needed to be taken by each of the different parties to develop and implement an effective safety management system. Colour coding: Colour coding at the top right of each page indicates which groups have information pertaining to them on that page. This colour coding will continue through to the supporting information that will be developed for the Code. The coding is as follows:

Principals (Client, Main contractor and Subcontractor Principals) Person in Control of a Place of Work (Main and/or Subcontractor) Employer Employee / Self Employed Agents / Advisors (including Designers / Advisors, Project Managers and other Professional
Advisors engaged by a Principal) note: a circle for the colour coding is only currently used as a guide the exact symbol may change. The colour coding will be added comprehensively throughout this document and the groups above will be defined in more detail as the document is developed. Numbering: Throughout the Code a numbering system for each clause is used. This will likewise continue through to the supporting information for easy reference. 1; 1.1; a) b) 1.2; a) etc. For example, for the clause 1.1a in Part 1 of the Code which states you must have a Health and Safety Policy statement outlining, specific How To information to assist you in developing your own Health and Safety Policy will be available in the supporting information under the same reference number of 1.1a. Benefits: At the end of each of the Code of Practice sections a brief outline of some of the key benefits that will be achieved through implementing the steps is included.

Legislation: The relevant legislation from the HSE Act and Regulations (and any other references deemed necessary) will be referenced at the left hand side of each page in this section. (editing note: references to be completed) ACC Audit: Where the ACC ThinkSafe logo appears (

) this indicates that this clause of the Code

of Practice relates directly to a requirement in the ACC Workplace Safety Management Practices (WSMP) Audit, as well as the requirements of the ACC Partnership Programme. (note: these logos will be added comprehensively throughout this document once it has been completed).

Supporting Information
The key difference with this Code of Practice as opposed to others is that Site Safe will effectively be providing How to information in a supporting document that gives you the how to information and tools to help in implementing your obligations under the Act as outlined in the Code of Practice. Where you need assistance in carrying out any aspect in the Code, you will be able to refer directly to the How To supporting document for advice and information that will help you in meeting your obligations/responsibilities. This supporting document will also include an Audit as a tool that will enable you to check that the items you need to develop and implement to meet your obligations for your Safety Management System are in place. Note: this document will be developed once the majority of the Code of Practice has been completed.

Achieving Success:
Remember: having a Safety Management System or programme will outline managements commitment to safety and describe the process by which safety goals will be accomplished. However simply outlining safety processes will not ensure that they are met. In order for you to be successful, in order for you to ensure that everyone carries out their responsibilities, your safety management system needs to be implemented by following through all the steps in this Code of Practice.

DEFINITIONS
note: definitions will be completed throughout the development of this Code. Principal (Client, Main contractor and Subcontractor Principals) Means a person who or that engages any person (otherwise than as an employee) to do any work for gain or reward. Person in Control of a Place of Work (Main and/or Subcontractor) in relation to a place of work, means a person who is (a) The owner, lessee, sublessee, occupier, or person in possession, of the place or any part of it; or (b) The owner, lessee, sublessee, or bailee, of any plant in the place: Employer means a person who or that employs any other person to do any work for hire or reward; and, in relation to any employee, means an employer of the employee. Employee / Self Employed Employee means a person employed by any other person to do any work (other than residential work) for hire or reward; and, in relation to any employer, means an employee of the employer. Agent (including Designers / Advisors, Project Managers etc.) note: To define. Significant hazard means a hazard that is an actual or potential cause or source of (a) Serious harm; or (b) Harm (being harm that is more than trivial) the severity of whose effects on any person depend (entirely or among other things) on the extent or frequency of the person's exposure to the hazard; or (c) Harm that does not usually occur, or usually is not easily detectable, until a significant time after exposure to the hazard. Serious harm (subject to subsection (4) of the HSE Act), means death, or harm of a kind or description declared by the Governor-General by Order in Council to be serious for the purposes of the Act; and seriously harmed has a corresponding meaning.

 Management The function of management in any enterprise or organisation is to plan, co-ordinate, and control the activities which occur therein. This not only concerns the 'business' side of management, but also the safety and health of employees, fellow workers, and any other person exposed to the business operation. This is not an 'add on', but is recognised as part of the normal business operation. The skills required (analytical; planning; evaluating; supervising; recording; etc.) to manage safety and health at work are no different to those used in the remainder of the business operation; it is how those skills are applied to realise the objective which is critical. Must Must is used where the statement is a legislative or Code requirement and has to be done. Use of the word must details specific requirements to meet your safety management obligations under the Act. Should Should is used in the How To section as a suggestion for how to carry out the must requirement. Where should is used it is a suggestion for carrying out a task. Shall

CODE OF PRACTICE FOR

CONSTRUCTION HEALTH AND SAFETY MANAGEMENT SYSTEMS ie: what you have to do (your obligations under the Act)
Specific requirements and steps that need to be taken by each of the different parties to develop and implement an effective health and safety management system.

Principal Person in Control of Place of Work Employer Employee / Self Employed

LEGISLATION

1.

COMMITMENT

ACT 6. Employers to ensure safety of employees Every employer shall take all practicable steps to ensure the safety of employees while at work; and in particular shall take all practicable steps to . (_) Ensure

A construction company, like any organisation, is made up of a management team that secures work and ensures that a finished product is delivered to satisfied clients. The project team plans, manages and completes projects, controls costs and manages people. Everyone within an organisation has different responsibilities and different priorities. Everyone is also working towards a common goal. Without leadership and guidance from managing directors, project managers, site managers and supervisors, the focus of individuals could lead them to concentrate solely on their own daily activities and lose sight of the common goal.

1.1
REGULATIONS

Leadership & Management Involvement

In order for a Safety Management System to be effective, a commitment and dedication from company management and project leaders is essential. Management must demonstrate their leadership and commitment to safety so that everyone understands the values of the organisation. You must: a) have a Health and Safety Policy statement outlining your commitment and dedication to the safety of workers; b) be involved in safety management activities; and c) establish objectives for your safety management system.

note: other sections / clauses to be referenced throughout

1.2

Safety Culture

Safety culture is a way of thinking where safety is an integral part of the way in which the organisation operates ie: if a job cant be done safely it isnt done at all. You must: a) be proactive with safety management; b) measure safety performance and plan safety into your projects; c) understand your companys current safety culture; d) clearly outline and communicate safety responsibilities for everyone in your organisation; e) communicate your safety commitment and policies to all of your Contractors. note: Include new requirement for employee safety reps here (possible bullet below) f) have an elected employee safety representative with the responsibility for coordinating health and safety for the place of work (where you have a workplace of 30 or more, or if a representative is requested)

LEGISLATION

ACT 6. Employers to ensure safety of employees Every employer shall take all practicable steps to ensure the safety of employees while at work; and in particular shall take all practicable steps to . (_) Ensure

Employees / Self Employed only g) avoid harm and hazards by following all site safety rules; h) stop work and notify the supervisor when you know of a hazard in the workplace, or when you think you are exposed to a hazard in the performance of a job or task

Benefits of COMMITMENT: * demonstrates pro-active leadership * promotes acceptance and buy-in to the value of health and safety at all levels * encourages Employees to feel valued and part of the team * saves lives and keeps families from suffering hardship * leads to increased productivity and maximised profits

REGULATIONS

note: other sections / clauses to be referenced throughout

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Principal Person in Control of Place of Work Employer Employee / Self Employed Agent

LEGISLATION

2.

CONTRACTOR SELECTION AND MONITORING

ACT

Successful safety management requires that the Client, Principal, Contractor, Subcontractor and all Employers on site work together to manage and control hazards in the workplace. Understanding safety responsibilities (see the previous section, page __), communicating expectations, monitoring performance and providing feedback are the keys to successful relationships and projects.

11. Employees to be given results of monitoring This section applies to any monitoring of any employee or place of work if it was undertaken in compliance with this Act REGULATIONS

2.1

Screening and Selecting Contractors

Safety systems can only be effective when everyone meets their safety responsibilities. Communicating responsibilities and expectations and screening contractors based on safety performance will improve safety, eliminate accidents and improve contractor relationships. Poor performance by one or more parities on a project can lead to uncontrolled hazards, problems, delays and increased costs. Screening contractors and selecting only those who demonstrate effective safety management will minimise problems and complications. The outcome is that all parties engaged on a project will realise anticipated profits. Principals (which include Clients and Contractors who engage others to perform work for them) must: a) pre-qualify Contractors with safety as a factor (consider the Contractors safety record in any prequalification); b) include safety requirements in the tender documents; and c) select Contractors (including Agents, Main Contractors and/or Subcontractors) in part based on safety ability.

note: other sections / clauses to be referenced throughout

2.2

Contractor (Safety) Monitoring, Evaluation and Feedback

Communication is essential during the initial stages of the project. Significant hazards must be systematically identified and controls outlined and these must be communicated to the person controlling the place of work. One of the most important issues affecting contractor relationships and communication is evaluating outcomes measuring performance. Safety requirements in tender documents and Task Analyses (see page__) that are submitted by Contractors must form the basis of the monitoring and evaluation process. Safety performance on a project, along with quality and productivity, must be monitored and evaluated as part of a continuous safety improvement process. Principals must a) carry out on-going monitoring of each contractors safety performance; b) regularly evaluate and feedback the ongoing safety performance of Contractors on projects; and

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c)

evaluate and feedback Safety Performance of Contractors at the conclusion of their work.

Employers / Self Employed (ie: Contractors engaged by a Principal) only Employers and Self-employed must: d) provide feedback to Principals on aspects of the Principals safety performance.

Benefits of CONTRACTOR SELECTION AND MONITORING: * encourages communication and outlines the importance of health and safety * demonstrates your commitment to safety * ensures you work with others who are committed to safety * ensures everyone understands their role in site safety * minimises problems and complications * improves contractor relationships * promotes improved safety and helps to eliminate injuries * helps all parties realise anticipated profits through better performance and productivity

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Principal LEGISLATION ACT 6. Employers to ensure safety of employees Every employer shall take all practicable steps to ensure the safety of employees while at work; and in particular shall take all practicable steps to . (_) Ensure 18. Duties of principals, contractors, and subcontractors (1) Every principal shall take all practicable steps to ensure that (a) No employee of a contractor or subcontractor; and (b) If an individual, no contractor or subcontractor, is harmed while doing any work (other than residential work) that the contractor was engaged to do. 14. Employers to involve employees in development of health and safety procedures Every employer shall ensure that all employees have the opportunity to be fully involved in the development of procedures developed for the purpose of a) Complying with section 7 to 10 of this Act; or b) Dealing with or reacting to emergencies or imminent dangers 7. Duties of Employers in relation to Hazard Management continue from Act Person in Control of Place of Work Employer Employee / Self Employed Agent

3.

PROJECT SAFETY PLANNING

The safety planning process includes all parties to the project. The larger and more complex the job the earlier in the project that the planning of safety has to start. There are three critical project stages to ensure that safety is planned into your project and work activities: Tender Stage Pre-construction Stage Project Stage ??? Design stage / Conceptual stage ???

3.1

Tender (Pricing/Submission) Stage Project Planning

You must a) anticipate major hazards associated with the project; b) consider specific safety measures and controls necessary for the project (and flag any specific safety costs that may differentiate you from other tenderers); and c) ensure there is adequate resource allowed in the tendered price to carry out the work safely.

3.2

Pre-construction Stage Project Planning (includes Design/Build Projects)

You must a) develop a Hazard Management and Site Specific Safety Plan detailing specific safety requirements for the upcoming project; and b) communicate and co-ordinate safety controls among Contractors on the project.

3.3

Project Stage Planning

to add???
- Systematically identifying existing hazard to employees at work - Systematically identifying new hazards to employees at work -Regularly assessing each hazard identified determining whether or not it is a significant hazard (consider the likelihood of an unsafe act and the severity of harm) 10. Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable REGULATIONS

You must a) anticipate any additional tasks and hazards as the work progresses; b) involve your employees in the development and implementation of your Hazard Management and Site Specific Safety Plan; and c) co-ordinate activities so that no subcontractors are harmed by the activities of other subcontractors. Employees / Self Employed only You must: d) ensure safety planning is a routine part of your work activities; and e) review job briefings and Task Analysis before starting the job when required.

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LEGISLATION

3.4

Emergency Planning and Readiness

ACT 6. Employers to ensure safety of employees Every employer shall take all practicable steps to ensure the safety of employees while at work; and in particular shall take all practicable steps to (e) Develop procedures for dealing with emergencies that may arise while employees are at work.

Under the HSE Act, Emergency Planning relates to any emergency that may arise. This includes Civil disaster (such as fire, earthquake, flood etc.) as well as any emergency that may arise while carrying out the work (such as a fall from height, chemical spill etc). Emergency planning is best when it is incorporated into all three of the stages of planning described in 3.1 3.3. You must: a) ensure an Emergency Plan and emergency procedures are developed with Employees; b) ensure the Emergency Plan and procedures are in place and implemented should anything go wrong on site; c) ensure the Plan and emergency evacuation routes are posted on site, and all Contractors, Subcontractors and anyone else involved on site are aware of exactly what they must do in an emergency; and d) review the Emergency Plan regularly to keep it up to date and current.

REGULATIONS

note: other sections / clauses to be referenced throughout

Benefits of PROJECT SAFETY PLANNING: * helps make safety convenient for the workers on the tools * enables you to consider the job and systematically manage hazards * helps to minimise site problems, delays and unnecessary costs * helps you achieve your expected profit margins * improves site relationships and communication * improves safety, quality and productivity * enables your team to complete work on or ahead of schedule and on or under budget

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Employer

LEGISLATION

4.

SAFETY PERFORMANCE MEASUREMENT & ACCOUNTABILITY

ACT 19. Duties of Employees Every employee shall take all practicable steps to ensure (a) The employees safety while at work; and (b) That no action or inaction of the employee while at work causes harm to any other person.

For safety to receive the attention it warrants and for your team to view it as a condition of employment, you must measure the safety performance of workers, supervisors and managers. Without an effective safety performance measurement process, coupled with effective planning, safety will be the first casualty of tight time frames, tight budgets and project disputes. When budgets, schedules and quality are measured it is understood that these issues are important in the organisation. Safety will only be important to staff if safety performance is evaluated and measured.

4.1
REGULATIONS

Employee Safety Performance Measurement

note: other sections / clauses to be referenced throughout

It is often said that employees act unsafely because they dont listen or they are careless. This is not true. Employees form habits and act the way they do for very specific reasons. They do listen to you, its just that they listen to more than words. They listen to the signals sent by the organisation to them; they listen to the actions and priorities of their supervisors and of management. When a policy statement or supervisor says, be safe but safety hasnt been planned into the project, what employees really hear is be safe as long as its convenient and wont slow you down. This results in shortcuts and unsafe acts by them. Employers must: a) define and communicate company safety expectations to Employees; b) supervise Employee actions and behaviour on site; and c) evaluate Employee safety performance, and give (and receive) feedback on actions and behaviour.

4.2

Manager & Supervisor Safety Performance Measurement

What gets measured gets done. Your staff will carry out their safety responsibilities only when they are held accountable for meeting those responsibilities. Safety performance must be measured. Employers must: a) define and communicate safety responsibility and expectations to their Managers and Supervisors; and b) routinely monitor and evaluate Management and Supervisor safety performance. note: Contractors must also be held accountable for their own safety performance. Their performance must be monitored and evaluated also. Measuring the safety performance of projects and contractors is covered on the Contractor Selection and Monitoring section of this Code of Practice.

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Benefits of SAFETY PERFORMANCE MEASUREMENT & ACCOUNTABILITY: * reinforces your companys safety values and beliefs * helps you achieve the goals you have set for your safety programme * ensures safety is given the time and attention it deserves * helps you eliminate unsafe acts, near misses and accidents from your sites * ensures there is accountability and that safety responsibilities are met * encourages improved safety and fewer injuries * rewards safety management and safe behaviour ensuring you get more of it * leads to fewer problems and delays and improved productivity and profitability

Code of Practice sections to be developed in the next stages:

5. Training 6. Inspection Processes 7. Accident Investigation 8. Injury Management

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HOW TO SAFETY MANAGEMENT INFORMATION

The intention is to have supporting information available with this Code of Practice. This separate document will cover How to information which will give industry the how to tools and information to help in implementing your obligations under the Act as outlined in the Code of Practice. This will include:

HOW TO SAFETY MANAGEMENT INFORMATION (ie: how you do it - implementing your obligations) AUDIT (ie: check youve done it / have you done it effectively) APPENDIX OF SAFETY TOOLS AND FORMS

note: This document will be developed once the majority of the Code of Practice has been completed.