visit nbr: v01016800768l - pages · visit nbr: v01016800768l -the trustee for the w date:...

Visit Nbr: V01016800768L - THE TRUSTEE FOR THE W Date: 2610512011

frame or you receive an Internal Review decision that you are not happy. with, you can then apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the Internal Review decision or non-decision first came to your attention. Applicants seeking external review must be an eligible person.

You can contact the Internal Review Unit on telephone (03) 8663 5450, fax (03) 8663 5451 or by email at internalreviewu [email protected].

OFFENCE The following Acts, including any regulations made under them carry varying offences such as failure to meet duties and obligations, non compliance with a notice or direction issued or made by an inspector and hindering or obstructing an inspector in the exercise of their powers: * Occupational Health and Safety Act 2004 * Dangerous Goods Act 1985 * Equipment (Public Safety) Act 1994

For specific details about offences and subsequent penalties refer to the speCific Act or regulation.

FEEDBACK If you want to contact WorkSafe Victoria in relation to this entry by our Inspector other than for Internal Review purposes (see above), please use the following guide:

* to clarify any matter that is covered by the Entry Report and any associated Notices or Directions contact the issuing Inspector, whose name and contact details appear at the top of this Entry Report.

* to make comment about any aspect of how this inspection was conducted , contact the inspector's senior management on telephone 9485 4512, fax 94854501 or by writing to P.O. Box 181 , Preston 3072

* to provide feedback in relation to Work Safe Victoria activities or the legislation we administer, contact our Executive Director, Health and Safety, WorkSafe Victoria, GPO Box 4306 Melbourne Victoria 3001, by fax 9641 .1711 or e-mail to [email protected]

PRIVACY COLLECTION STATEMENT The Victorian WorkCover Authority (VWA) collects, uses, discloses and stores infomnation in accordance with the Occupational Health and Safety Act 2004, other legislation administered by the VWA and all applicable privacy laws. This includes infomnation collected by WorkSafe Victoria inspectors or authorised officers. Note that non-compliance with privacy laws is permissible to the extent that those .Iaws conflict with other legislative provisions allowing or requiring the collection of information. Note also that privacy laws do not apply to the collection of information by the VWA to the extent that it is exercising its law enforcement functions and non-compliance with privacy legislation is deemed necessary to fulfil those functions.

The VWA's Privacy Policy is on our website at www.worksafe .vic.gov.au

FURTHER INFORMATION WorkSafe has a range of publications to explain your legal responsibilities and help you make your premises/site safer. To inquire about these publications, telephone (03) 9641 1333 or 1800 136089, or visit www.worksafe.vic.gov.au.

7

141


ENTRY REPORT

WorkSafe Victoria is a division of the Victorian WorkCover Authority

Date: +

Issued by Inspector:

Phone:

Fax:

Service Method: +

Entry Time:

02/06/2011 Visit Number:

Damiano Massimo Ambrosini

94854519

94854501

Left for a person

02/06/2011 08:30 AM Departure Time:

PLACE ENTERED

ABN: THE TRUSTEE FOR THE WHA TRUST 88600689939 58 STOCKADE AVENUE COBURG 3058 WEST HOMES AUSTRALIA PTY LTD

Phone No : 0407872 111 Fax No:

This .report given to:. Position:·

V01005001439L

02/06/201111:15 AM

LEIGH CHIAVAROLI Copies to:.

Employer Representative Position:·

Ivan Dadic Health and Safety Representative

Other people who attended as part of the inspection: WorkSafe Staff: Other Persons:

Purpose for entry:

I entered this place to follow up on previously issued inspector notice (s).

Under section 98(1) of the Occupational Health and Safety Act 2004, I entered your workplace during working hours.

Observations and Actions of the Inspector

1. OHS-0238: Follow up notice I attended your workplace to follow up on an Improvement Notices V01016800768L1111-01 and V01016800768L1111-02 issued by Matt Gipp on 26/05/2011 in relation to temporary electrical switchboard safety and safe access to the roof area of S4.

1

I 142

Visit Nbr: V01005001439L - THE TRUSTEE FOR THE W Date: OV06/2011

The following actions have been taken :

i. Lockable covers have been installed and access to the safety switches fitted to the temporary electrical switchboards have been restricted.

ii. Two access towers have been erected by Independent Scaffolds for access to the roof areas of S4. An access tower has been erected in front of restaurant 1 and 5.

2. OHS-0660 : Follow up notice You are hereby notified that under Section 99(b) of the Occupational Health and Safety Act 2b04, during an inspection at this workplace I examined and inspected those documents referenced in the body of this Entry Report or as follows :

i. Scafftags on the access to the stairway towers erected in front of restaurant 1 and 5 located at S4, signed of by Independent Scaffolds on 1/06/2011.

3. OHS-0659: Follow up notice You are hereby notified that under Section 99(a) of the Occupational Health and Safety Act 2004, during an inspection at 58 STOCKADE AVENUE COBURG 3058, I inspected,

. examined and made enquiries.

Inspectors proposed follow up action:

Other actions taken:

Status of Notices that were monitored during this entry: !lJ:>date Notice Statusl

Notice Number V01016800768Ulll-0l V01016800768Ulll-02 Additional Details:

I gave you these documents:

Additional Details:

Action Complied with Complied with

INTERNAL REVIEW OF CERTAIN INSPECTOR DECISIONS If you want to apply for internal review of a decision made by an inspector during this visit, you must lodge the approved application form with the Internal Review Unit within 14 days of the date the decision

. came to your notice. The Authority must conduct the internal review within legislated time frame of either 7 or 14 days depending on the category of reviewable decision. If the Authority does not notify you of the internal review decision within the required time, the Authority is taken to have made a decision to affirm the reviewable decision. Not all decisions can be internally reviewed and in order to seek internal review of a decision you must be an eligible person.

Application forms for internal review, a list of reviewable decisions and a list of eligible persons are available upon request from a WorkSafe Inspector, WorkSafe Advisory Service on 1800 136089 or they can be downloaded from the website www.worksafe .vic.gov.au.

2

143

"


All applications are to be in approved form and must be received by the Authority's Internal Review Unit, Ground Floor, 222 Exhibition Stree't, Melbourne 3000 in order to be considered,

If you lodge an application for internal review and you do not receive' a decision within the required time frame or you receive an Internal Review decision that you are not happy with, you can then apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the Internal Review decision or non-decision first came to your attention. Applicants seeking external review must be an eligible person. '

You can contact the Internal Review Unit on telephone (03) 8663 5450, fax (03) 8663 5451 or by email at [email protected].

OFFENCE The following Acts, including any regulations made 'under them carry varying offences such as failure to meet duties and obligations, non compliance with a notice or direction issued or made by an inspector and hindering or obstructing an inspector in the exercise of their powers: • Occupational Health and Safety Act 2004 • Dangerous Goods Act 1985 • Equipment (Public Safety) Act 1994

For specific details about offences and subsequent penalties refer to the specific Act or regulation.

FEEDBACK If you want to contact WorkSafe Victoria in relation to this entry by our Inspector other than for Internal Review purposes (see above), please use the following guide:

• to clarify any matter that is covered by the Entry Report and any associated Notices or Directions contact the issuing Inspector, whose name and contact details appear at the top of this Entry Report.

• to make comment about any aspect of how this inspection was conducted, conlact the inspector's senior management on telephone 9485 4512, fax 9485 4501 or by writing to P.O. Box 181, Preston 3072

• to provide feedback in relation to WorkSafe Victoria activities or the legislation we administer, contact our Executive Director, Health and Safety, WorkSafe Victoria, GPO Box 4306 Melbourne Victoria 3001, by fax 9641 1711 or e-mail to [email protected]

PRIVACY COLLECTION STATEMENT The Victorian WorkCover Authority (VWA) collects, uses, discloses and stores information in accordance with the Occupational Health and Safety Act 2004, other legislation administered by the VWA and all applicable privacy laws. This includes infonmation collected by WorkSafe Victoria inspectors or authorised officers. Note that non-compliance with privacy laws is permissible to the extent that those laws confiict with other legislative provisions allowing or requiring the collection of information. Note also that privacy laws do not apply to the collection of information by the VWA to the extent that it is exercising its law enforcement functions and non-compliance with privacy legislation is deemed necessary to fulfil those functions .

The VWA's Privacy Policy is on our website at www.worksafe.vic.gov.au

FURTHER INFORMATION WorkSafe has a range of publications to explain your le9al responsibilities and help you make your premises/site safer. To inquire about these publications, telephone (03) 96411333 or 1800 136089, or visit www.worksafe.vic.gov.au.

3

144

Occupational Health and Safety Act 2004

IMPROVEMENT NOTICE Work Safe Victoria ;s a division of

the Victorian WorkCover Authority

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the nolice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a copy of the notice in a prominent place at or near the worKplace or part of the workplace where the affected work is being performed.

Issued by: Keith Winton Houston • an Inspector appointed under the Occupational Health and Safety Act 2004.

Signature:

Date of Issue: 1611012009

Notice issued to: IMPROVED CONCRETE PUMPING SERVICES PIL

58 STOCKADE AVENUE COBURG 3058

ABN: 11088199133

ACN: 088199133

Notice given to: Andy Mellow

Service method: Left for a person

Provision of this Act and I or the

Regulations that is being contravened:

Basis for this belief:

Directions as to the measures to be

taken to remedy the contravention:

Interim directions or conditions on the carrying on of an

activity(s) to which this notice relates:

I reasonably believe that IMPROVED CONCRETE PUMPING SERVICES P/L is in contravention of Section 21 of the Occupational Health and Safety Act 2004

I am of the belief Improved Concrete Pumping Services P/Lmay use the damaged Sermac 5ZR58 Concrete Placing Pump in the workplace. without the damaged machine being properly assessed for damage. repaired and tested by a competent person.

IMPROVED CONCRETE PUMPING SERVICES P/L are to have the Sermac 5ZR58 Concrete Placing Boom serial number 6676 assessed by a competent person for damage. repaired and tested and signed off by a competent person. that the machine is in a safe condition prior to it being returned to the workplace.

The machine is not to be used·in any workplace until the assessment. repairs. testing and sign off is completed .

Improvement Notice Reference No:V00023602049Ulll·0l Page 185

145

This contravention must be remedied by 16/01/2010.

See Review and Offence provisions below

Internal Review As the person to whom this improve"ment notice has been issued, you or another eligible person can apply. to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time wilhin which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal revie'!\'. The Authority must make a decision to grant a stay with or without conditions or not to grant a slay and communicate that decision .within 24 hours of receipt of the request for a slay. If no decision is made the Authority is considered 10 have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can conlact the Internal Review Unit on lelephone(03) 8663 5450, fax (03) 8663 5451 or by email at [email protected].

If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the atlention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notice shall be guilty of an indictable offence against the Act. In the case of a natural person, the indictable offence carries a penalty of not more than $56,710. In Ihe case of a body corporate, the indictable offence carries a penalty of not more than $283,550.

The issue, variation or cancellation of this notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.

COMPLIANCE WITH THIS NOTICE DOES NOT indicate Ihat the person to whom it is issued complies with all health and safety requirements, NOR does it affect the continuing obligalion to ensure workplace health and safety.

Improvement Notice Reference No:V00023602049UIII -0 1 Page 186

146


IMPROVEMENT NOTICE WorkSafe Victoria is a division of


This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or. its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affecled by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Charles Grech, an Inspector apPOinted under the Occupational . Health and Safety Act 2004.

Signature:


Notice issued to: THE TRUSTEE FOR THE WHA TRUST


ABN: 88600689939

Notice given to: JOHN DEBATTISTA

Service method: By fax

Provision of this Act I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is and I or the in contravention of Section 21 (1 )(2)(a) of the Occupational Health

Regulations that is and Safety Act 2004 being contravened:

Basis for this belief: My observations at the time of the visit of buildings S8, S8A, S7, S6, F Division, and S4. were as follows:- '

i. There were no works in progress and no persons on site.

ii. Unmaintained electrical plant and equipment, such as electrical appliances and residual current devices etc.

iii. Inadequate access to the construction site entry gates.

iv. An unidentified fluid substance was located in a forty four gallon drum that was situated adjacent to the S8.

v. Some temporary electrical switchboards were not provided with covers or locked covers, a door, fixed bases, insulated extension cord stands, and were not currently maintained (ReO) trip time test I tag.

Improvement Notice R eference No:V00053302066U III-01 Page 103

147

I I

I



Interim directions or . conditions on the carrying on of an


Internal Review

vi. General h.ouse keeping issues, with building materials and debris across the site. In addition to and unstable and damaged rubbish skip and an unstable stack of bricks.

vii. Inadequate access throughout site due to uneven and muddy ground surfaces.

viii. Open storm water pits measuring up to a depth of approximately two metres.

ix. Single props supporting concrete tilt panels weighing approximately twenty tonnes.

x. Uncontro'lied fall protection safety issues where the heights were greater than two metres and up to approximately five metres.

xi. Incomplete scaffolds.

xii. Scaffolds that appeared to be overloaded with steel beams and timber form ply.

THE TRUSTEE FOR THE WHA TRUST shall provide documented sequential safe work procedures for all of the above mentioned safety issues having regards to the proposed methods and progressive stages to undertake remedial works.

Remedial works shall not commence until such time as documented sequential safe work procedures for all of the abovementioned safety issues, having regards to the proposed methods and progressive stages to undertake remedial works, are provided for audit.



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the AuthOrity for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has·to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review The request for a stay must accompany the application for . internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is cons idered to have granted a stay. If no request for a stay is made the operation of th is improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria. Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can· contact the Internal Review Unit on telephone (03) 86635450, fax (03) 8663 5451 or by email at [email protected].

If you have lodged an application for internal review and you do not receive a decision within the required

Improvement Notice Reference No:V00053302066UIII-01 Page 104

i

148

time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the .improvement notice shall be guilty of an indictable offence against the Act. In the case of a natural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550. .

The issue, variation or cancellation of this notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter-in respect of which t~e notice was issued

COMPLIANCE WITH THIS NOTICE DOES NOT indicate that the person to whom it is issued complies with all health and safety requirements, NOR does it affect the continuing obligation to ensure workplace health and safety.


i .r

149




This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: .. bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and .. display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Charles Grech, an Inspector appointed under the Occupational Health and Safety Act 2004.

Signature:

Date of Issue:

Notice issued to:

ABN:

Notice given to:

Service method:

Provision of this Act and I orthe



1911012009

THE TRUSTEE FOR THE WHA TRUST


88600689939

JOHN DEBATTISTA

By fax

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21 (1) and 21 (2)(a) of the Occupational Health and Safety Act 2004

I observed in the workplace at building S6 & S8 that temporary electrical switchboards and adjacent locations, that were not safe for use because:-

i. The Unfixed bases of some temporary electrical switchboards at building S6.

ii. Some temporary electrical switchboards were not provided with covers or locked covers, a door, insulated extension cord stands top and bottom, and were not currently maintained (ReO) trip time tested and tagged.

iii. Sharp edges were located at the extension lead entry points into the switchboard.

iv. There were no works in progress.

The employer has failed to provide and maintain temporary

Improvement N otice Reference N o:V00053302066UI1I -02 6

150





Internal Review

electrical switchboards as mentioned above, in a condition that is safe and without risk to a persons health from electric shock.

THE TRUSTEE FOR THE WHA TRUST must provide and maintain a temporary electrical switchboard that is designed and constructed to a standard that controls risks associated with its use as far as is reasonably practicable.

Guidance is available in the Industry Standard for Electrical Installations on Construction Sites March 2002 andlor AS/NZS 3000 - Australian Wiring Rules, and AS/NZS 3012 Electrical Installations - Construction and Demolition Sites.



As the person to whom th is improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice. Your application must be in the approved form and must be received by the Authority·s Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which Ihe application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the oulcome of the internal review. The request for a stay must accompany the application for internal review_ The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Sireet, Melbourne 3000. An inspector must not give written certificalion Ihat the activity or matters to which the notice relales have been remedied whilst there is an internal .review pending.

you can conlact the Internal Review Unit on telephone (03) 8663 5450, fax (03) 8663 5451 or by email at [email protected].

If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the" attention of the applicant. Applicants seeking external review must be an el igible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notice shall be guilty of an indictable offence against the Act In Ihe case of a nalural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.


COMPLIANCE WITH THIS NOTICE DOES NOT indicate that the person to whom it is issued complies wilh all heallh and safety requirements, NOR does it affect the continuing obligalion to ensure workplace health and safety.

Improvement Notice Reference No:V00053302066UIII·02 Page 107

151

Improvement Notice Referent e No: V00053302066UI I I -02 Page 108

152




This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise. and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and .. display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Charles Grech ,an Inspector appointed under the Occupational Health and Safety Act 2004.

Signature:




ABN: 88600689939

Notice given to: JOHN DEBA TTISTA





I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Secti.on 21 (1) and 21 (2)(a) of the Occupational Health and Safety Act 2004

I observed portable electrical equipment that is available and has been in use, at a multiple housing development located at 58 Stockade Avenue Coburg.

Portable electrical equipment observed included in the S8 portable structure and adjacent locations:

Unprotected construction wiring, Plant. Portable Electrical Equipment, Appliances, Residual current device (RCD)

a) There were no test tags affixed to the equipment and The Trustee for the Wha Trust was unable to provide any evidence to confirm that appropriate testing or inspection of portable electrical equipment is carried out at intervals specified in AS/NZS 3012 Electrical Installations - Construction and Demolition Sites.

Improvement Notice Reference No:V00053302066L1111-03 Page 109

I 153



Internal Review

b) Tags attached to the some of the equipment were out of date and The Trustee for the Wha Trust was unable to provide any evidence to confirm that appropriate testing or inspection of portable electrical equipment is carried out at intervals specified in AS/NZS 3012 Electrical Installations - Construction and Demolition Sites.

You are reminded that compliance with AS/NZS 3012 Electrical Installations - Construction and Demolition Sites is a requirement under the Electrical Safety Act 1998.

THE TRUSTEE FOR THE WHA TRUST must provide and maintain a system of work to ensure that portable electrical equipment in use at the above workplace is inspected to the extent necessary to ensure that the risk of electrical shock or electrocution is monitored and controlled.

One means of compliance is, but is not limited to, developing an inspection regime that conforms to the requirements of AS/NZS 3012 Electrical Installations - Construction and Demolition Sites. This should include a register of equipment, regular testing and tagging of equipment by a licensed electrician or other suitably qualified person and corrective actions to be taken where appropriate.

Test results should be recorded and made available for inspection. Guidance on these matters can be found in the following Australian Standards: AS/NZS 3000:2000 : Electrical installations (known as the Australian/New Zealand Wiring Rules) AS/NZS 3012:2003 : Electrical installations - Construction and demolition sites AS/NZS 3760:2003 : In-service safety inspection and testing of electrical equipment

You are reminded that compliance with the above Standards is a requirement under the Electrical Safety Act 1998.



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority 's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice. The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may al~o request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany' the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must

Improvement Notice Reference No:V00053302066U111-03 Page 110

154

not give written certification that the activity or matters to which the notice relates have been 'remedied whilst there is ~n internal review pending.


If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notice shall be guilty of an indictable offence against the Act. tn the case of a natural person, the indictable offence carries a penalty of not moie than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.

The issue, variatton or cancellation of this notice does not affect any proceedings. for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.

COMPLIANCE WITH THIS NOTICE OOES NOT indicate that the person to whom it is issued complies with all health and safety requirements, NOR does it affect the continuing obligation to ensure workplace health and safety. · .

Improvement Notice Reference No:V00053302066Ulll-03 Page 111

155




This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued. If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a ccpy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Charles Grech , an Inspector appointed under the Occupational Health and Safety Act 2004.

Signature:



58 STOCKADE A VENUE COBURG 3058

ABN: 88600689939



Provision of this Act I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is and lor the in contravention of Section 21 & 21 (2)(a) of the Occupational Health

Regulations that is and Safety Act 2004 because THE TRUSTEE FOR THE WHA being contravened: TRUST is in contravention of Regulation 3.5.43(b) of the

Occupational Health and Safety Regulations 2007

Basis for this belief: I observed that a perimeter scaffold located at Building S6 was provided with a working deck that appeared to be overloaded as the deck had numerous steel 'H' beams and multiple timber form ply sheeting resting on top of it. In addition to this, several protruding concrete beams were supported by the scaffold working deck.

The Trustee for the Wha Trust was unable to produce evidence to demonstrate that the scaffold is capable of supporting the work to be carried out on the scaffold. Working from scaffold that is not structurally sound may place employees at risk of serious injury as a result of scaffold collapse.

Therefore I believe that by not providing scaffold that is secure and capable of supporting the work to be performed on the scaffold, as required by regulation 3.5.43(b) of the Occupational Health & Safety Regulations 2007, you are in contravention of section 21 (1 ) & 21(2)(a) of the Occupational Health & Safety Act 2004.

Improvement Notice Reference No:V00053302066U111 -04 Page 112

156



Internal Review

THE TRUSTEE FOR THE WHA TRUST must ensure that no work, other than the work of making safe, erecting or dismantling the scaffold by appropriately qualified persons, is carried out from a scaffold unless the scaffold is secure and capable of supporting the work to be carried out on the scaffold. A suitably qualified person shall inspect the scaffold and provide documented evidence to substantiate that the scaffold can support the loads placed upon it. Guidance on these matters is available from the Code of Practice for Plant and AS/NZS 4576 Guidelines for Scaffolding.



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice. Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, Wo,kSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can contact the Internal Review Unit on telephone (03) 8663 5450, fax (03) 8663 5451 or by email at intem,[email protected].


Offence A person to whom an improvement notice is issued and whq does not comply with the improvement notice shall be guilty of an indictable offence against the Act. In the case of a natural person. the indictable offence carries a penalty of not more than $56.710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.

The issue, variation o~ cancellation of this notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.

COMPLIANCE WITH THIS NOTICE DOES NOT indicate that the person to whom it is issued complies with all health and safety requ irements, NOR does it affect the continuing obligation to ensure workplace health and safety.

Improvement Notice Reference No:V00053302066Ulll·04 Page Jl3

157




This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued. If that . person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an ,employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Charles Grech , an Inspector apPOinted under the Occupational Health and Safety Act 2004. .

Signature:


. Notice issued to: THE TRUSTEE FOR THE WHA TRUST


ABN: 88600689939





Basis for this .belief:

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21(1) & 21 (2)(a) of the Occupational Health and SafetyAct 2004 because THE TRUSTEE FOR THE WHA TRUST is in contravention of Regulation 3.5.43 of the Occupational Health and Safety Regulations 2007

I observed employees had been working from a scaffold that I believe to be incomplete as there were miSSing mid rails and missing toe boards.

The use of the incomplete scaffold places persons on or in close proximity to the scaffold at risk of serious injury as a result of scaffold collapse or falling from height or being struck by objects falling from height.

Therefore I believe that by not providing scaffold that is complete , as required by regulation 3.5.43 of the Occupational Health & Safety Regulations 2007, you are in contravention of section 21(1) & 21 (2) (a) of the Occupational Health & Safety Act 2004.

Directions as to the THE TRUSTEE FOR THE WHA TRUST must make the scaffold measures to be safe by engaging a suitably qualified person to undertake such

taken to remedy the remedial works as are necessary to make the scaffold safe for use

Improvement Noti ce Reference No:V00053302066UIII-05 Page 114

158

contravention: and also to provide a hand over certificate upon the completion of remedial works.

Guidance is available from: Code of Practice for Plant 1995, and AS/NZS 4576 Guidelines for Scaffolding.



Internal Review As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewabl~ decision to issue an improvement notice. Your application must be in the approved fonm and must .be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay arid communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can contact the Internal Review Unit on telephone (03) 8663 5450, fax (03) 8663 5451 or by ernail at intemalreviewunit@worksaf~.Yic.gov.au.

If you have lodged an application for inter:nal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notiCE shall be guilty of an indictable offence against the Act. In the case of a natural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.


COMPLIANCE WITH THIS NOTICE DOES NDT indicate that the person to whom it is issued complies with all health 'and safety requirements, NOR does it affect the continuing obligation to ensure workplace health and safety.


I 159

Occupational 'Health and Safety Act 2004

IMPROVEMENT N'OTICE

WorkSafe Victoria is a division of the Victorian WorkCover Authority

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued. If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Charles Grech, an Inspector appointed under the Occupational Health and Safety Act 2004.

Signature:




ABN: 88600689939

Notice given to:

Service method:

Provision of this Act and lor the



JOHN DEBATTISTA

By fax

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21(1) & 21(2)(a) of the Occupational Health and Safety Act 2004 because THE TRUSTEE FOR THE WHA TRUST is in contravention of Regulation 3.3.4 of the Occupational Health and Safety Regulations 2007

I observed that employees had been undertaking building and construction works associated with a multiple level apartment I housing development, at 58 STOCKADE AVENUE COBURG 3058.

Employees were at risk of serious injury or death from falling greater than two ', four metres due to a failure to provide a passive fall control system at the S8 building perimeter and also some adjacent buildings under construction.

The external base of the S8 building perimeter was also unprotected, as the area was not cordoned off for associated tanking works that were being undertaken at the base of the building , and employees and persons in the vicinity were exposed to a risk of falling greater than two metres to the base of the building.

Improvement Notice Reference No:V00053302066U lll·06 Page 11 6

160



Internal Review

There were no works in progress at the time of the inspection .

Failure to control the risk of employees falling more than 2 metres, as required by regulation 3.3.4 of the Occupational Health & Safety Regulations 2007, is a contravention of section 21 (1) & 21 (2)(a) of the Occupational Health & Safety Act 2004.

THE TRUSTEE FOR THE WHA TRUST must provide a safe system of work for employees carrying out building and construction works above two metres at 58 Stockade Avenue Coburg, by controlling, so far as reasonably practicable, the risk of an employee falling more than 2 metres by

Using a passive fall prevention device, such as: a perimeter railing system, . a temporary work platform; or a fixed, mobile or suspended scaffold; or an elevating work platform; or

Using a fall injury prevention system, such as an industrial safety flet; or catch platform; or safety harness system . .

Further guidance can be obtained from the: 'Prevention of Falls in General Construction - Compliance Code 'WorkSafe Guidance Note and Alerts -Relevant Australian Standards



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice. Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice. The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision with in 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvem.ent notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can contact the Internal Review Unit on telephone (03) 8663 5450, fax (03) 8663 5451 or by email at internalreviewunit@worksaf~. vic.gov .au.

If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that . you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notiCE

Improvement Notice Reference No:V00053302066UIII-06 Page Jl 7

161

shall be guilty of an indictable offence against the Act. In the case of a natural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.


COMPLIAN.CE WITH THIS NOTICE DOES NOT indicate that the person to whom it is issued complies with all health and safety requirements, NOR does it affect the continuing obligation to ensure workplace health and safety.

Improvement Noti ce Reference No:V00053302066UIII-06 Page 118

162

.' ,


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004, This notice requires the person (which can. mean a body corporate) to whom it is. issued to remedy a contravention of the Act or its Regulations, Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: * bring the notice to the attention of all persons whose work is affected by the notjc~ • give a copy to each health and safety represeritative who represents employees whose work is affected by the notice; and • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Cameron David Ellis, an Inspector appointed under the Occupational Health and Safety Act 2004.

Signature:




ABN: 88600689939

Notice given to:

Service method:




JOHN DEBATTISTA

Left for a person

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21(1) and 21(2)(a) of the Occupational Health and Safety Act 2004

A bricklayers saw available on site and ready for use.

The Trustee for the WHA Trust was unable to provide evidence that the bricklayers saw is inspected to the extent necessary to ensure that the risk of injury or death from electric shock from its use is monitored and corrective actions taken where defects are identified.

The tag attached to the bricklayers saw had not been filled in and therefore could not verify that the bricklayers saw had been inspected and tested, in addition The Trustee for the WHA Trust was unable to provide any evidence to confirm that appropriate testing or inspection of portable electrical equipment is carried out at intervals specified in AS/NZS 3012 Electrical Installations -Construction and Demolition Sites.


Improvement Notice Reference No:VOI 0 13600522UIII·O I . Page 131

163

Directions as to the measures to ·be


Internal Review

THE TRUSTEE FOR THE WHA TRUST must provide and maintain a system of work ti:> ensure that the bricklayers saw is inspected to the extent necessary to ensure that the risk of electrical shock or electrocution is monitored and controlled.

One means of compliance is, but is not limited to, developing an inspection regime that conforms to the requirements of AS/NZS 3012 Electrical Installations - Construction and Demolition Sites.

This should include a register of equipment, regular testing and tagging of equipment by a licensed electrician or other suitably qualified person and corrective actions to be taken where appropriate.

Test results should be recorded and made available for inspection . Guidance on these matters can be found in the following Australian Standards: AS/NZS 3000:2000 : Electrical installations (known as the Australian/New Zealand Wiring Rules) AS/NZS 3012:2003 : Electrical installations - Construction and demolition sites AS/NZS 3760:2003 : In-service safety inspection and testing of electrical equipment




As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice. Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of lime wilhin which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can contact the Internal Review Unit on telephone (03l8663 5450, fax (03) 8663 5451 or by emai l at [email protected].

If you have lodged an application for internal review and you do not receive a decision within the requi red time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the applicant. Applicants seeking external review must be an eligible person.

Offence

Improvement Notice Reference No:VOJ013600522U111·01 Page 132

164

A person to whom an improvement notice is issued and who does not comply with the improvement notice shall be guilty of an indictable offence against the Act. tn the case of a naturat person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.

The issue, variation or cancellation of this notice does not affect any proceedings fqr an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued. .

COMPLIANCE WITH THIS NOTICE DOES NOT indicate that the person to whom it is issued complies wiih all health and safety requirements, NOR does it affect the continuing obligation to ensure workplace health and safety.

Improvement Notice· Reference No:VOI 013600522Ulll-O 1 Page 133

165

'r


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004, This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations, Section 115(2) places obligations on the person to who an improvement notice is issued. If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: . • bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a copy of the notice in a prominent place at or near the workplace or part of the wOrkplace where the affected work is being performed. '

Issued by: Cameron David Ellis , an .Inspector appointed under the Occupational Health and Safety Act 2004,

Signature:




ABN: 88600689939

Notice given to:

Service method:

Provision of this Act and 1 or the



JOHN DEBATTISTA

Left for a person

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21 (1) and 21 (2)(a) of the Occupational Health and Safety Act 2004

Residual current devices (RCD's) provided in the portable toilet structure and in the two portable lunchrooms' are out of test date,

Tags attached to the equipment showed the last test date as 20/08/2009 and The Trustee for the WHA Trust was unable to provide any evidence to confirm that appropriate testing or inspection of the RCD'S is carried out at intervals specified in AS/NZS 3012 Electrical Installations - Construction and Demolition Sites.


Directions as to the THE TRUSTEE FOR THE WHA TRUST must provide and maintain measures to be a system of work to ensure that the RCD's located in the portable

taken to remedy the toilet structure and in the two portable lunchrooms are inspected to contravention: the extent necessary to ensure that the risk of electrical shock or

Improvement Notice Reference No:VOIOI3600522UlIl-02 Page 134

166

Internal Review

electrocution is monitored and controlled.

One means of compliance is, but is not limited to, developing an inspection regime that conforms to the requirements of AS/NZS 3012 Electrical Installations - Construction and Demolition Sites.

This should include a register of equipment, regular testing and tagging of equipment by a licensed electrician or other suitably qualified person and corrective actions to be taken where appropriate.

Test results should be recorded and made available for inspection. Guidance on these matters can be found in the following Australian Standards: AS/NZS 3000:2000 : Electrical installations (known as the Australian/New Zealand Wiring Rules) AS/NZS 3012:2003 : Electrical installations - Construction and demolition sites AS/NZS 3760:2003 : In-service safety inspection and testing of electrical equipment

You are reminded that compliance with the al;lOve Standards is a requirement under the Electrical Safety Act 1998.



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority 's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can contact the Internal Review Unit on telephone (03) 8663 5450, .lax (03) 8663 5451 or by email at [email protected].

If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the. date the decision or no~decision came to the attention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notiCE shall be guilty of an indictable offence against the Act In the case of a natural person, the indictable offence carries a penalty 01 not more than $56,710. In the case 01 a body corporate, the indictable offence carries a penalty of not more than $283,550.

The issue, variation or cancellation of this notice does not affect any proceedings for an offence against this

Improvement Notice Reference No:VOI013600522UIII-02 Page 135

167

I I

Act or the regulations in connection with any matter in respeCt of which the notice was issued.



168


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of aU persons whose work is affected by the notice. • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Cameron David Ellis, an Inspector appOinted under the Occupational Health and Safety Act 2004.

Signature:




ABN: 88600689939



Provision of this Act I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is and lor the in contravention of Section 21(1) and 21(2)(a) of the Occupational

Regulations that is Health and Safety Act 2004 being contravened:

Basis for this belief: The temporary electrical switchboards (described as temp board 9,10,11 and 13) provided on site atS13 do not meet the requirements of The Industry Standard for Electrical Installations on Construction Sites section 2.1 because they have more than one circuit breaker and are not fitted with a locked, lockable cover for circuit breakers and residual current devices (RCDs), which allows unauthorised access for untrained persons to reset circuit breakers and RCD's .. In addition temp board 13 has missing pole fillers which allows access to the wiring in behind the. power outlets which may be live and could cause an electric shock to employees.

The Industry Standard for Electrical Installations on Construction Sites states that all supply switchboards be fitted with a lockable cover for circuit breakers and RCDs, which does not prevent access to main switches, and main isolating switches. This provision also applies to relocatable structures .

The standard also states that.all supply switchboards for

Improvement Notice Reference No:VOI0136005.22VIII-03 ·Page 137

169

..



Internal Review

construction sites are to be designed and constructed to comply with AS/NZS 3012.

THE TRUSTEE FOR THE WHA TRUST must provide and maintain a temporary electrical switchboards that are designed and constructed to a standard that controls risks associated with its use as far as is reasonably practicable.

One means of compliance is, but not limited to providing a lockable cover to the RCD's located in the temporary electrical switchboards and providing pole fillers to temp board 13.

Guidance is available in the Industry Standard for Electrical Installations on Construction Sites March 2002 and/or AS/NZS 3000 - Australian Wiring Rules, and AS/NZS 3012 Electrical Installations - Construction and Demolition Sites.



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must acoompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe VictOria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can contact the Internal Review Unit on telephone (03) 8663 5450. fax (03) 8663 5451 or by email at [email protected].

If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the atlention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notice shall be guilty of an indictable offence against the Act. In the case of a natural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.

The issue, variation or cancellation of this notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued

COMPLIANCE WITH THIS NOTICE DOES NOT indicate that the person to whom it is issued complies with all health and safety requirements, NOR does it affect the continuing obligation to ensure workplace health and safety. .

Improvement Notice Reference N o:VOI013600522U I1l-03 Page 138

I 170

Occupational Health and Safet~ Act 2004

IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body ccrporate) to whom it is issued to remedy a ccntravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: . • bring the notice to the attention of all persons whose work is affected by the notice. • give a ccpy to each health and safety representative who represents employees whose work is affected by the notice; and • display a ccpy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.


Signature:


Notice issued to: . THE TRUSTEE FOR THE WHA TRUST


ABN: 88600689939



Provision of this Act I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is and I or the in contravention of Section 21(1) and 21(2)(a) of the Occupational


Basis for this belief: Temporary electrical switchboards have been provided on site for employees to use, however I observed that the temporary electrical switchboards are located in an area on the west side of S 13, where a step up of approximately one metre exists. Employees are at risk of an injury from slipping and falling when climbing up onto the raised area to access the temporary electrical switchboards.

Directions as to the THE TRUSTEE FOR THE WHA TRUST must use a system of work measures to be that controls risks associated with access to the temporary

taken to remedy the electrical switchboards. contravention:

One means of compliance may be, but not limited to installing a stair access to the temporary electrical switchboards.

Guidance is available on the WorkSafe web site , www.worksafe.vic.gov.au

Improvement Notice Reference No:V010I3600522Ulll-04 Page 139

, . ,

I ! ,

171



Internal Review As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The AuthOrity may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an··internal review pending.


If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you lare not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notice shall be guilty of an indictable offence against the Act In the case of a natural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.

The issue, variation or cancellation of this notice does not -affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.

COMPLIANCE WITH THIS NOTICE DOES NOT indicate that the person to whom it is issued complies with all health and safety reqUirements, NOR does it affect the continuing obligation to ensure workplace health and safety.

Improvement Notice . Reference No:V010I3600522UJ 11-04 Page 140

172


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the atlention of all persons whose work is affected by the notice, . • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and . • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.


Signature:




ABN: 88600689939

Notice given to:

Service method:






JOHN DEBATTISTA

Left for a person


Concrete slabs have been poured and a step up of approximately 500mm on to th~ slab exists, this area is where employees require access. Employees are at risk of an injury from slipping and falling when climbing up onto the raised concrete slab.

THE TRUSTEE FOR THE WHA TRUST must use a system of work that controls risks associated with access to and egress from the concrete slabs.

One means of compliance may be, but not limited to installing a stair access onto the concrete slabs.

Guidance is available on the WorkSafe web site, www.worksafe.vic.gov.au


Improvement Notice Reference No:VOl013600522UIII-05 Page 141

173


Internal Review As the person to whom th is improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice. Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must acoompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.


If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to VictGrian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the applicant Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notiCE shall be guilty of an indictable offence against the Act In the case of a natural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550. . .

The issue, variation or cancellation of this notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued


Improvement Notice Reference No:VO I 013600522L1111-05 Page 142

174


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued. If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: * bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and . .. display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the ' affected work is being performed.

Issued by: Cameron David ~lIis , an Inspector appointed under the Occupational Health and Safety Act 2004.

Signature:




ABN: 88600689939



Provision of this Act I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is and lor the in contravention of Section 21 (1) & 21 (2)(a) of the Occupational


Basis for this belief: Employees were working in close proximity to lift shaft openings on a concrete slab where a risk of falling into the opening exists, employees are at risk of injury due to a fall of approximately 500mm into the opening. Building material such as bessa blocks, reinforcing bars etc, were located within close proximity to the lift shaft openings.

Directions as to the THE TRUSTEE FOR THE WHA TRUST must provide a safe measures to be system of work for employees working in and around the lift shaft

taken to remedy the openings by controlling, so far as reasonably practicable, the risk of contravention: an employee falling into these lift shaft openings.

Compliance may be achieved by, but is not limited to barricading the lift shaft openings around the perimeter so as they are clearly idenlifiable.

Further guidance can be obtained from the: 'WorkSafe Guidance Note and Alerts

Improvement Notice . Reference No: VOl 013600522UIII -06 Page 143

175

the WorkSafe web site, www.worksafe.vic.gov.au



Internal Review As the" person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person 's notice The Authority may however allow a longer period of time within which the application has to be lodged in

. appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receIpt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for 'internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melboume 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.


If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the applicant. Applicants seeking external review must be an eligible person. .

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notiCE shall be guilty of an indictable offence against the Act In the case of a natural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283.550.



Improvement Notice Reference No:VOI0J3600522Ulll-06 Page 144

176


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Oocupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued. If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a copy of the notice in a· prominent place at or near the workplace or part of the workplace where the affected work is being performed.


Signature:




ABN: 88600689939








·1 reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21 (1) & 21 (2)(a) of the Occupational Health and Safety Act 2004

Employees had been working in and around a bessa block wall where the bracing provided has not been designed by a suitably qualified person for supporting the bessa block wall to withstand environmental loads.

The wall is constructed with bessa blocks and core filled at a height of approximately three metres.

Employees are at risk of injury from possible wall collapse.

THE TRUSTEE FOR THE WHA TRUST must provide and maintain risk control measures that will provide and maintain a safe system of work as far as is reasonably practicable. Risk control measures may include, but is not limited to, having the bracing designed to support the bessa block wall by a suitably qualified person and then installed by a competent person.

Guidance is available on the WorkSafe web site,

Improvement Notice Reference No:VOI013600522UII I-07 Page 145

177

www.worksafe.vic.gov.au

This contravention must be remedied by 2611012009.


Internal Review As the person to whom this improvement notice has been issued, you or another eligible person can apply ' to the Authority for internal review of the reviewable decision to issue an improvement notice. Your applicatiori must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make Co! decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe VictOria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.






Improvement Notice Reference No:VOIOI3600527UIII-07 Page 146

178


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued. If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice, '" give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a ccpy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.


Signature:

Date oflssue: 1911012009

Notice issued to: THE TRUSTEE FOR THE WHA TRUS·T


ABN: 88600689939

Notice given to:

Service method:






JOHN DEBATTISTA

Left for a person

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21(1) and 21 (2)(c) of the Occupational Health and Safety Act 2004

During an inspection of the above workplace, I observed The Trustee for the WHA trust has not ensured, so far as is reasonably practicable, that employees are not exposed to risks ariSing from poor housekeeping at this workplace.

I observed excess materials, off-cuts and debris, including metal reinforcing bars, bricks, and pallets, located in areas of S 13 where employees require access. Employees are at a risk of injury from tripping on these ilems or coming into contact with harmful objects such as nails, sharp edges etc.

THE TRUSTEE FOR THE WHA TRUST must maintain the above workplace in a condition that is, so far as is reasonably practicable, safe and without risks to health by ensuring good housekeeping practices . .

Compliance may be achieved by, but is not limited to: - removing all excess debris and materials from work and access

Improvement Notice Reference No:V01013600522U111 -08 Page 141

179

I

I

! I I

Internal Review

areas - ensuring the ground and floors are clear, level and dry - implementing a system whereby regular housekeeping task are undertaken - ensuring adequate bins 1 skips are available for contractors - ensuring all contractors and site visitors are aware of . housekeeping requirements

Guidance is available from the following documents; 'Back to basics - Site housekeeping', 'Back to Basics Planning for Safety Checklist', 'Planning for Safety - Trade Ready Worksheet' and 'Planning for Safety - Site Establishment Worksheet' available at WorkSafe's website at www.worksafe.vic.gov.au

This contravention must be remedied by 26/10/2009,


As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice. Your application must be in the approved form and must be received by the Authority's Intemal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay·, If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit. WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melboume 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can contact the Intemal Review Unit on telephone (03) 8663 5450, fax (03) 8663 5451 or by email at [email protected].

If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-ctecision came to the attention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notiCE shall be guilty of an indictable offence against the Act. In the case of a natural person, the indictable offence carries a penalty of-not more than $56,710. In the case 6f a body corporate, the indictable offence carries a penalty of not more than $283,550.

The issue, variation or cancellatiqn of this notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.


Improvement Notice Reference No: VOl 01 3600522Ul 11-08 Page 148

180


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: . * bring the notice to the attention of all persons whose work is affected by the notice, * give a copy to each health and safety representative who represents employees whose work is affected by the notice; and * display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Keith Winton Houston , an Inspector appointed under the Occupational Health and Safety Act 2004.

Signature:




ABN: 88600689939

Notice given to: John De Battista

Service method:




Left for a person


I observed portable electrical equipment in use at Section S4 the above mentioned workplace.

Portable electrical equipment observed included: Temporary Electrical Switchboard, sump pumps, Construction wiring, . Residual current device (RCD)

West Homes were unable to provide evidence that portable electrical equipment in use at the above workplace is inspected to the extent necessary to ensure that the risk of injury or death from electric shock from its use is monitored and corrective actions taken where defects are identified.

There were no test tags affixed to the equipment and West Homes were unable to provide any evidence to confirm that appropriate testing or inspection of portable electrical equipment is carried out

Improvement Notice Reference No: V00023602050UIII-Ol Page 88

181

at intervals specified in AS/NZS 3012 Electrical Installations -Construction and Demolition Sites.


Directions as to the THE TRUSTEE FOR THE WHA TRUST must provide and maintain measures to be . a system of work to ensure that portable electrical equipment in use

taken to remedy the at the above workplace is inspected to the extent necessary to contravention: . ensure that the risk of electrical shock or electrocution is monitored

and controlled.

One means of compliance is, but is not limited to, developing an inspection regime that conforms to the requirements of AS/NZS 3012 Electrical Installations - Construction and Demolition Sites. This should include a register of equipment, regular testing and tagging of equipment by a licensed electrician or other suitably qualified person and corrective actions to be taken where appropri.ate.

Test results should be recorded and made available for inspection. Guidance on these matters can be found in the following Australian Standards: AS/NZS 3000:2000 : Electrical installations (known a~ the Australian/New Zealand Wiring Rules) AS/NZS 3012:2003 : Electrical installations - Construction and demolition sites AS/NZS 3760:2003 : In-service safety inspection and testing of electrical equipment


Interim directions or No productive work is to be commenced in Section S4 until all conditions on the temporary Electrical Equipment is tested and tagged, as per the carrying on of an above mentioned Standards.




Internal Review As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your . application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst

Improvement Notice Reference No: V00023602050UIII-Ol Page 89

182

there is an internal review pending.

You can contact the Internal Review Unit on telephone (03) 8663 5450, fax (03) 86635451 or by email at [email protected].

If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the applicant. Applicants seeking external review must be an eligible person. '



COMPLIANCE WITH THIS NOTICE DOES NOT indicate that the person to whom it is issued complies with all health and safety requirements, NOR does it affect the continuing obligation to ensure workplace health and safety. .


183

. ,


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and . • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Keith Winton Houston , an Inspector appointed under the Occupational Health and Safety Act 2004.

Signature:


NotiCE! issued to: THE TRUSTEE FOR THE WHA TRUST


ABN: 88600689939

Notice given to: John De Battista


Provision ofthis Act I reasonably believe that THE TRUSTEE FOR THE WHATRUST is and I or the in contravention of Section 21 of the Occupational Health and

Regulations that is Safety Act 2004 being contravened:

Basis for this belief: The client has not provided a workplace that is safe and without risk, where there are hazards of slips, trips and falls, caused by areas over grown with weeds, piles of debris and rubbish, and concrete panel props. and fabricated steel components laying around the site. There are bent concrete Reo bars all bent over at different angles , and most are not fitted with protective caps.

Directions as to the THE TRUSTEE FOR THE WHA TRUST are to remove all weeds measures to be from work area, remove all panel props not in use from the work

taken to remedy the area, remove all debris and rubbish, and level off the ground in the contravention: work area.

All concrete reo bars be capped and straightened.

Interim directions or No productive work is to be commenced in the work area t.mtil all conditions on the the hazards are removed from the work area . carrying on of an


Improvement Notice Reference No :V00023602050UIII-02 Page 91

184



Internal Review As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority·s Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the e ligible person·s notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay_ If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be maqe to the Internal Review Unit. WorkSafe Victoria. Ground Floor. 222 Exhibition Street. Melboume 3000. An inspector must not give written cerUfication that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can oontact the Internal Review Unit on telephone (03) 8663 5450. fax (03) 8663 5451 or by email at [email protected].


Offence A person to whom an improvement notice is issued and who does not comply with the improvement notice shall be guilty of an indictable offence against the Act. In the case of a natural person, the indictable offence carries a penalty of not more than $56.710. In the case of a body oorporate. the indictable offence carries a penalty of not more than $283.550.




185


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Keith Winton Houston, an Inspector appointed under the Occupational Health and Safety Act 2004.

Signature:



58 STOCKADE AVENUE

ABN:

Notice given to:

Service method:






Internal Review

COBURG 3058

88600689939

John De Battista

Left for a person

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21 of the Occupational Health and Safety Act 2004

The client has no evidence that the precast panel installation located in Section S4 has been signed off by an Engineer as structurally sound and permission was granted to the client to remove supporting props.

THE TRUSTEE FOR THE WHA TRUST must provide evidence that the Engineer has OK ed the removal of props.



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the elig ible person's notice

Improvement Notice Reference No: V00023602050Ull 1-03 Page 93

186

The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made ~he Authority is considered to have granted a stay. "If no request for a stay is made the operation of this improvement notice re,mains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending. .

You can contact the Internal Review Unit on telephone (03) 8663 5450, fax (03) 8663 5451 or by email at [email protected],au.


Offence A person to whom an improvement notice is issued and who does not comply with the improvement notice shall be guilty of an indictable offence against the Act In the case of a natural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.




187


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued. If that person is an employee, he or she must gi.ve a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: tl bring the notice to the attention of all persons whose work is affected by the notice, '" give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Keith Winton Houston , an Inspector appOinted under the Occupational Health and Safety Act 2004.

Signature:




ABN: 88600689939

Notice given to:

Service method:






John De Battista

Left for a person

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21(1) & 21(2)(a) of the Occupational Health and Safety Act 2004 because THE TRUSTEE FOR THE WHA TRUST is in contravention of Regulation 3.3.4 of the Occupational Health and Safety Regulations 2007 It is believed persons had been working at heights accessing an

excavation to carry out water proofing works of brick foundations of a new building located in Secti(;m S4 at the above mentioned . workplace Employees would have been at risk of falling 2.5 metres due to no fall protection being provided, and persons were at risk of being seriously injured . .

Failure to control the risk of employees falling more than 2 metres, as required by regulation 3.3.4 of the Occupational Health & Safety Regulations 2007, is a contravention of section 21(1) & 21(2)(a) of the Occupational Health & Safety ACt 2004. THE TRUSTEE FOR THE WHA TRUST must provide a safe system of work for employees carrying out water proofing of building foundations at the above address , by controlling, so far as reasonably practicable, the risk of an employee falling more than 2.5 metres by . Using a passive fall prevention device, such as:

Improvement Notice Reference No: V00023602050Ul ll-04 Page 95

188

Internal Review

a temporary work platform; or a fixed, mobile or suspended scaffold; or a portable or mobile fabricated platform such as a step platform; or Using a fixed or portable ladder; . The perimeter of the excavation must be fitted with guard rails, with an access for persons to enter excavation Compliance may be achieved by, but is not limited to:

Further guidance can be obtained from the: 'Prevention of Falls in General Construction - Compliance Code ·WorkSafe Guidance Note and Alerts . Relevant Australian Standards



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority's Internal Review Unit wrthin 14 days after the day on which the decision first came to your notice or came to the eligible person 's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe VictOria, Ground Floor. 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can contact the Internal Review Unit on telephone (03) 8663 5450, fax (03) 8663 5451 or by email at [email protected],au.

If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is' taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notiCE shall be guilty of an indictable offence against the Act In the case of a natural person. the indictable offence carries a penalty of not more than $56.710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.




189


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued. If that p"erson is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and * display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by: Matthew Jason Gipp , an Inspector appointed under the Occupational Health and Safety Act 2004.

Signature:




ABN: 88600689939



Provision of this Act I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is and I or the in contravention o.f Section 21 (1) and 21 (2)(a) of the Occupational


Basis for this belief: I observed in the workplace temporary electrical switchboards located in the building identified as S6 East that consists of 7 three level townhouses, identified as townhouse numbers 8 - 14 that I believe to be unsafe for use. I based this opinion on the following observations:

There were only four (4) temporary electrical switchboards installed to service the seven townhouses . All four temporary electrical switchboards were located in the garage areas of the townhouses. Therefore this has resulted in no temporary power provisions being provided to the first and second floors of each townhouse. Workers have been required to run flexible electrical leads between floors and between townhouses resulting in the leads exceeding the standard allowable lead lengths, this gives rise to risk of the worker receiving electric shock if the residual current device fails to function due to a voltage drop. Temporary electrical switchboards shall be positioned in a manner which eliminates the need for flexible cords or cables to be run between floors and townhouses .

Improvement Notice Reference No:V01016800319U111-01 Page 151

190





Internal Review

Therefore by West Homes Australia failing to provide temporary power in locations that eliminate the need for leads to be joined and or ran between floors they have failed to provide and maintain a working environment that is safe and without risks to health

THE TRUSTEE FOR THE WHA TRUST must provide and maintain temporary electrical switchboards that are positioned in a manner which eliminates the need for flexible cords to be ran between townhouses, being joined together, exceeding the standard allowable lead lengths or cables to be run between levels, and are designed and constructed to a standard that controls risks associated with its use as far as is reasonably practicable.

Guidance is available in the Industry Standard for Electrical Installations on Construction Sites March 2002 and/or AS/NZS 3000 - Australian Wiring Rules, and AS/NZS 3012 Electrical Installations - Construction and Demolition Sites.

Until such time as the additional temporary electrical switchboards are provided and installed the following temporary power provisions may be utilised. A portable generator that is provided with electrical socket outlets that are protected by RCDs not exceeding 30 rnA, may be used. When a generator set supplies portable tools and equipment, the manufacturer or supplier of the generator must provide information regarding relevant earth and bonding

. connections. This information must be displayed prominently on the generator.



As the person to whom this improvement notice has been issued, you or another eligible person can apply to ttw Authority for internal review of the reviewable decision to issue an improvement notice. Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or \.'Vithout conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The·application for internal review must be made to the Internal Review Unit WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending. .

You can contact the Internal Review Unit on telephone (03) 86635450, fax (03) 8663 5451 or by email at [email protected].


Offence A person to whom an improvement notice is issued and who does not comply with the improvement notice

Improvement Notice Reference No: VOl 0168003 19UI II-O I Page 152

191

shall be guilty of an indictable offence against the Act. In the case of a natural perso~, the indi91able offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.

The issue, variation or cancellation of this notice does not affect any proceedings for an offence against this Act or ~he regulations in connection with any matter in respect of which the notice was issued.


Improvement Notice Reference No :VOI016800319UIII-01 Page 153

192


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued. If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of aU persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.


Signature:




ABN: 88600689939


Service method:




Left for a person


I observed in the workplace temporary electrical switchboards located in the building identified as S6 West that consists of 7 three level townhouses, identified as townhouse numbers 1 - 7 that I believe to be unsafe for use. I based this opinion on the following observations:

An inadequate number of temporary electrical switchboards have been installed to service the seven townhouses. During this visit only one (1) temporary electrical switchboard was identified as providing power to these townhouses. Upon further inspection and discussion it was determined that workers are required to source temporary power from the adjacent building ('S6 East'). The lack of temporary electrical switchboards has resulted in no temporary power provisions being provided to the ground , first and second floors of each townhouse. Workers have been required to run flexible electrical leads between floors and between townhouses resulting in the leads exceeding the standard allowable lead lengths. this gives rise to risk of the worker receiving electric shock

Improvement Notice Reference No :VOI016800319UIII -02 Page 154

i

193





Internal Review

if the residual current device fails to function due to a voltage drop . Temporary electrical switchboards shall be positioned in a manner which eliminates the need for flexible cords or cables to be run between floors and townhouses.

Therefore by West Homes (Aust) failing to provide temporary power in locations that eliminate the need for leads to be joined, ran between floors or sourced from an adjacent building they have failed to provide and maintain a working environment that is safe and without risks to health

THE TRUSTEE FOR THE WHA TRUST must provide and maintain temporary electrical switchboards that are positioned in a manner which eliminates the need for flexible cords to be ran between townhouses, being joined together, exceeding the standard allowable lead lengths or cables to be run between. levels, and are designed and constructed to a standard that controls risks associated with its use as far as is reasonably practicable.

Guidance is available in the Industry Standard for Electrical Installations on Construction Sites March 2002 andlor AS/NZS 3000 - Australian Wiring Rules, and AS/NZS 3012 Electrical Installations - Construction and Demolition Sites .

Until such time as the additional temporary electrical switchboards are provided and installed the following temporary power provisions may be utilised. A portable generator that is provided with electrical socket outlets that are protected by RCDs not exceeding 30 mA, may be used. When a generator set supplies portable tools and equipment, the manufacturer or supplier of the generator must provide information regarding relevant earth and bonding connections. This information must be displayed prominently on the generator.



As the person to whom this improvement notice has been issued. you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice. Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notce or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review._ The request for ~fstay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street. Melboume 3000. An inspector mU'st not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.


If you ~ave lodged an application for internal review and you do not receive a decision within the required time frame (whiCh is taken to be a decisi?n to affirm the reviewable decision) or you receive a decision that

Improvement Notice Reference No:VOlOI6800319UIII-02 Page 155

194

you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision OJ non-decision came to the attention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notice shall be guilty of an indictable offence against the Act. tn the case of a natural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.

The issue, variation or cancellation' of this notice does not affect any proceedings for an offence ag~inst this Act or the regulations in connection with any matter-in respect of which the notice was issued.


•

Improvement Notice Reference No:V01 016800319U111-02 Page 156

195


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice, * g ive a copy to each health and safety.representative who represents employees whose work is affected by -the notice; and . • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.


Signature:




ABN: 88600689939

Notice given to:

Service method:




JOHN DEBATTISTA

Left for a person

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is . in contravention of Section 21 (1) & 21 (2)(a) of the Occupational Health and Safety Act 2004 because THE TRUSTEE FOR THE WHA TRUST is in contravention of Regulation 3.5.43 of the Occupational Health and Safety Regulations 2007

I observed that employees had been working from a modular wedge lock scaffold located along the west facing perimeter of the building identified as 'S6 West' that I believe to be incomplete, therefore resulting in it being unsafe for use. I formed this opinion through observing that at the time of this visit the scaffold had missing handrails, midrails and kickboards. Upon further inspection I observed that the scaffold had excess building materials and associated building debris located on the working decks, this has resulted in the scaffold being at risk collapse.

The use of incomplete scaffold places persons on or in close proximity to the scaffold at risk of serious injury as a result of scaffold collapse or falling from height or being struck by objects falling from height. Therefore I believe that by not providing scaffold that is complete and subsequently safe, as required by regulation 3.5.43 of the Occupational Health & Safety Regulations 2007, you are in

Improvement Notice Reference No:VOIOI6800319UIII-03 , Page 157

196





Internal Review

contravention of section 21 (1) & 21(2) (a) of the Occupational Health & Safety Act 2004.

THE TRUSTEE FOR THE WHA TRUST must make the scaffold safe by ensuring that the missing handrails, midrails and kickboards are installed prior to any works recommencing from the above mentioned scaffold. The additional building material and debris must be removed from the scaffold to ensure that it is not overloaded and risk of collapse. Guidance is available from: Code of Practice for Plant 1995, and AS/N ZS 4576 Guidelines for Scaffolding.

No works shall be performed from the modular wedge lock scaffold located along what was identified as the west facing perimeter of the building i,jentified as 'S6 West' until such time as it is inspected and rectified by a suitably qualified person. Inspection and haridover documents shall be provided to WorkSafe for perusal prior to recommencing works.



As the person to whom this improvement notice has been issued. you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice. Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the e ligible person 's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review, The request for a stay must accompany the application .lor internal review. The Authority must make a decision to grant a stay witl? or without conditions or not to grant a stay and communicate that decision withIn 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay_ If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000.' An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.




The issue, variation or cancellation of this notice does not affect any proceedings for an offence against th is Act or the regulations in connection with any matter in respect of which the notice was issued.


Improvement Notice Reference No:VOIOI6800319U III-03 Page 158

197

Improvement Notice Reference.No:VOIOI6800319UIII-03 Page 159

198


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice • give a copy to each health and safety representative who represents employees whose war!< is affected by the noiice; and .. display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected war!< is being performed.


Signature:




ABN: 88600689939

Notice given to:

Service method:




JOHN DEBA TTISTA

Left for a person

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21 (1) & 21 (2)(a) of the Occupational Health and Safety Act 2004 because THE TRUSTEE FOR THE WHA TRUST is in contravention of Regulation 3.5.43 of the Occupational Health and Safety Regulations 2007

I observed that employees had been working from a modular wedge lock scaffold located along the east facing perimeter of the building identified as 'S6 West' that I believe to be incomplete, therefore resulting in it being unsafe for use. I formed this opinion through observing that at the time of this visit the scaffold had missing handrails, midrails and kickboards. Additional concerns were raised with West Homes management regarding excess building materials and associated building debris being located on the working decks, which may result in the scaffold being at risk of collapse. Footings located at the north end of the scaffold appear to have been modified to accommodate ground trenching works, these footings have not be reinstated and remain in an elevated position. Upon further inspection I observed that the scaffold tag attached to the access tower had not been updated since 20104/09, during this visit no further evidence to support that the above mentioned scaffold had been inspected and maintained since that date could be provided .

Improvement Notice Reference No:V01016800319UI 1 1-04 Page 160

199





Internal Review

The use of incomplete scaffold places persons on or in close proximity to the scaffold at risk of serious injury as a result of scaffold collapse or falling from height or being struck by objects falling from height. Therefore I believe that by not providing scaffold that is complete and subsequently safe, as required by regulation 3.5.43 of the Occupational Health & Safety Regulations 2007, you are in contravention of section 21 (1) & 21 (2) (a) of the Occupational Health & Safety Act 2004.

THE TRUSTEE FOR THE WHA TRUST must make the scaffold safe by ensuring that the missing handrails, midrails and kickboards are installed prior to any works recommencing from the above mentioned scaffold. The additional building material and debris must be removed from the scaffold to ensure that it is not overloaded and risk of collapse. Guidance is available from: Code of Practice for Plant 1995, and AS/NZS 4576 Guidelines for Scaffolding .

No works shall be performed from the modular wedge lock scaffold located along what was identified as the east facing perimeter of the building identified as 'S6 West' until such time as it is inspected and rectified by a suitably qualified person. Inspection and handover documents shall be provided to WorkSafe for perusal prior to recommencing works.



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved fonm and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without cqnditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whils't there is an internal review pending.


If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the appHcant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notic€

Improvement Notice Reference No: VO 1 016800319U111-04 Page 161

200

shall be guilty of an indictable offence against the Act. In the 'case of a natural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550.


COMPLIANCE WITH THIS NOTICE DOES NOT indicate that the person to whom it is issued complies with all health and safety reqUirements, NOR does it affect the continuing obligation to ensure workplace health and safety. .

Improvement Notice Reference No:V01 016800319U11l-04 Page 162

201


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: '" bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and .. display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.

Issued by:

Signature:

Matthew Jason Gipp , an Inspector appointed under the Occupational Health and Safety Act 2004.




ABN: 88600689939

Notice given to:

Service method:




JOHN DEBATTISTA

Left for a person

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21(1) & 21(2)(a) of the Occupational Health and Safety Act 2004 because THE TRUSTEE FOR THE WHA TRUST is in contravention of Regulation 3.5.43 of the Occupational Health and Safety Regulations 2007

I observed that employees had been working from a modular wedge lock scaffold located along the east facing perimeter of the building identified as 'S6 East' that I believe to be incomplete, therefore resulting in it being unsafe for use. I formed this opinion through observing that at the time of this visit the scaffold had missing handrails, mid rails and kickboards. Upon further inspection I observed that the scaffold had excess building materials and associated building debris located on the working decks, this has resulted in the scaffold being at risk collapse. Upon further inspection I observed that the scaffold tag attached to the access tower did not have a scaffold erection date legible, during this visit no further evidence to support that the above mentioned scaffold had been inspected and maintained since ereCtion could be provided.

The use of incomplete scaffold places persons on or in close

Improvement Notice Reference No:VOlOI6800319UIII-05 Page 163

202





Internal Review

proximity to the scaffold at risk of serious injury as a result of scaffold collapse or falling from height or being struck by objects falling from height. Therefore I believe that by not providing scaffold that is complete and subsequently safe. as required by regulation 3.5.43 of the Occupational Health & Safety Regulations 2007. you are in contravention of section 21 (1) & 21 (2) (a) of the Occupational Health & Safety Act 2004.

THE TRUSTEE FOR THE WHA TRUST must make the scaffold safe by ensuring that the missing handrails. midrails and kickboards are installed prior to any works recommencing from the above mentioned scaffold. The additional building material and debris must be removed from the scaffold to ensure that it is not overloaded and risk of collapse. Guidance is available from: Code of Practice for Plant 1995. and AS/NZS 4576 Guidelines for Scaffolding.

No works shall be performed from the modular wedge lock scaffold located along what was identified as the east facing perimeter of the building identified as 'S6 East until such time as it is inspected and rectified by a suitably qualified person. Inspection and handover documents shall be provided to WorkSafe for perusal prior to recommencing works.



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority's Internal Review Unit within 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged ih appropriate cases. The applicant may also request a stay of the ·operation of the reviewable decision pending the outceme of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit. WorkSafe Victoria, Ground Floor. 222 ·Exhibition Street. Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.



Offence A person to whom an improvement notice is issued and who does not comply with the improvement notiCE shall be guilty of an indictable offence against the Act. In the case of a natural person. the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate. the indictable offence carries a penalty of not more than $283,550.

Improvement Notice Reference No:V01016800319UIII-05 Page )64

203

The issue, variation or cancellation of this notice does not affect any· proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.

C.OM PLIANCE WITH THIS NOTICE DOES NOT indicate that the person to whom it is issued complies with all health and safety requirements, NOR does it affect the continuing obligation to ensure workplace health and safety.

Improvement Notice Reference No: VOl 0168003 19U11 1-05 Page 165

204


IMPROVEMENT NOTICE

This notice is issued under section 111 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and • display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.


Signature:




ABN: 88600689939

Notice given to:

Service method:




JOHN DEBATTISTA

Left for a person

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21(1) & 21(2)(a) of the Occupational Heallh and Safety Act 2004 because THE TRUSTEE FOR THE WHA TRUST is in contravention of Regulation 3.3.4 of the Occupational Health and Safety Regulations 2007

I observed that employees undertaking works associated with the construction of seven(7) three(3) level townhouses, identified as townhouse numbers 8 - 14 located in the building S6 East being placed at risk of falls. I based this opinion on the following observations:

The townhouses consist of three (3) mezzanine levels. At the time of this visit no handrails had been provided to the mezzanine floors to control the risk of employees falling from a height inexcess of 2 metres. The above mentioned townhouses are in various slates of completion, however the timber framework that has currently been erected, does not eliminate the risk of employees being exposed to falls. Therefore it is my belief that due to West Homes failing to install fall control provisions it has failed so far as is reasonably practicable, to provide and maintain for employees a working environment that is safe and without risks to health. Accessing areas which are without fall control measures places

Improvement Notice Reference No:VOI 016800319UI II-06 Page 166

205





Inlernal Review

persons at risk of serious injury as a result of a potential fall.

Failure to control the risk of employees falling more than 2 metres, as required by regulation 3.3.4 of the Occupational Health & Safety Regulations 2007, is a contravention of section 21 (1) & 21 (2)(a) of the Occupational Health & Safety Act 2004.

THE TRUSTEE FOR THE WHA TRUST must provide a safe system of work for employees carrying out works associated with the construction of seven(7) three(3) level townhouses, identified as townhouse numbers 8 - 14 located in the building S6 East, by controlling, so far as reasonably practicable, the risk of an employee falling more than 2 metres by:

Using a passive fall prevention device, such as: top and mid rails (with kickboards) or a safety harness system.

Compliance may be achieved by, but is not.limited to: Installation of top and mid rails constructed out of solid timber and fixed securely. .

Further guidance can be obtained from the: . Prevention of Falls in General Construction - Compliance Code .workSafe Guidance Note and Alerts ·Relevant Australian Standards

West Homes shall ensure that prior to recommencement of productive works in the above mentioned townhouses. A safe system of work is developed and implemented to ensure that employees are not placed at risk of falls. Rectification works must be performed in accordance with the requirements detailed in Prevention of Falls in General Construction - Compliance Code.



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice. Your application must be in the approved fonn and must be received by the Authority's Internal Review Unit w ithin 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in

. appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or n6t to grant . a stay and communicate that decision within 24 hours 'of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.

You can contact the Internal Review Unit on telephone (03) 8663 5450, fax (03) 8663 5451 or by email at [email protected]. au.

If you have lodged an application for internal review and you do not receive a decision within the required time frame (which is taken to be a decision to affirm the reviewable decision) or you receiVe a d~cision that you are not happy with you can apply to Victorian Civil arid Administrative Tribunal for external review within

Improvement Notice Reference No:VOl0168003 19Ulll -06 Page 167

206

14 days of the date the decision or non-decision came to the attention of the applicant. Applicants seeking external review must be an eligible person.

Offence A person to whom an improvement notice is issued and who does not comply with the improvement notice shall be guilty of an indictable offence against the Act. In the case of a natural person, the indictable offence carries a penalty of not more than $56,710. In the case of a body corporate, the indictable offence carries a penalty of not more than $283,550. .

The issue, variation or cancellation of this notice does not affect any proceedings for an offence against this Act or the regulations in connectio~ with any matter in respect of which the notice was issued


Improvement Notice Reference No:VOIOI6800319UI II-06 Page 168

207


IMPROVEMENT NOTICE

This notice is issued under section 11 1 of the Occupational Health and Safety Act 2004. This notice requires the person (which can mean a body corporate) to whom it is issued to remedy a contravention of the Act or its Regulations. Section 115(2) places obligations on the person to who an improvement notice is issued If that person is an employee, he or she must give a copy of the notice to the employer. Otherwise, and for an employer given a copy of a notice issued to an employee, the person must: • bring the notice to the attention of all persons whose .work is affected by the notice, • give a copy to each health and safety representative who represents employees whose work is affected by the notice; and '" display a copy of the notice in a prominent place at or near the workplace or part of the workplace where the affected work is being performed.


Signature:




ABN: 88600689939







taken to remedy the

I reasonably believe that THE TRUSTEE FOR THE WHA TRUST is in contravention of Section 21 (1) & 21 (2)(a) of the Occupational Health and Safety Act 2004 because THE TRUSTEE FOR THE WHA TRUST is in contravention of Regulation 3.3.4 of the Occupational Health and Safety Regulations 2007

I observed that employees accessing the building identified as S6 East are placed at risk of fall in excess of 3 metres due to no fall control provisions being implemented along the blue stone retaining wall located along the east facing facades of the townhouses. Employees are required to access townhouses 8 - 14 along this entrance due to access at the rear of the properties being restricted due to the erection of scaffolding . Accessing areas which are withoul fall control measures places persons at risk of serious injury as a resu.lt of a potential fall.

Failure to control the risk of employees falling more than 2 metres, as required by regulation 3.3.4 of the Occupational Health & Safety Regulations 2007, is a contravention of section 21(1) & 21(2)(a) of the Occupational Health & Safety Act 2004.

THE TRUSTEE FOR THE WHA TRUST must provide a safe system of work for employees required to access townhouse numbers 8 - 14 located in the building S6 East along the east facing

Improvement Not.ice Reference No:VOIOI68003 19UII I -07 Page 169

208

contravention: facades, by controlling, so far as reasonably practicable, the risk of an employee falling more than 3 metres due to no fall control provisions being implemented along the blue stone retaining wall.



Internal Review

Using a passive fall prevention device, such as: top and mid rails (with kickboards) or a safety harness system.

Compliance may be achieved by, but is not limited to: Installation of top and mid rails constructed out of solid timber and fixed securely.

Further guidance can be obtained from the: 'Prevention of Falls in General Construction - Compliance Code ·WorkSafe Guidance Note and Alerts . Relevant Australian Standards

West Homes shall ensure that accessto townhouses 8 -14 along the east facing facades are restricted until such time a safe system of work is developed and implemented to ensure that employees are not placed at risk of falls. Rectification works must be performed in accordance with the requirements detailed in Prevention of Falls in General Construction - Compliance Code.



As the person to whom this improvement notice has been issued, you or another eligible person can apply to the Authority for internal review of the reviewable decision to issue an improvement notice Your application must be in the approved form and must be received by the Authority's Internal Review Unit w ithin 14 days after the day on which the decision first came to your notice or came to the eligible person's notice The Authority may however allow a longer period of time within which the application has to be lodged in appropriate cases. The applicant may also request a stay of the operation of the reviewable decision pending the outcome of the internal review. The request for a stay must accompany the application for internal review. The Authority must make a decision to grant a stay with or without conditions or not to 'grant a stay and communicate that decision within 24 hours of receipt of the request for a stay. If no decision is made the Authority is considered to have granted a stay. If no request for a stay is made the operation of this improvement notice remains in force. The application for internal review must be made to the Internal Review Unit, WorkSafe Victoria, Ground Floor, 222 Exhibition Street, Melbourne 3000. An inspector must not give written certification that the activity or matters to which the notice relates have been remedied whilst there is an internal review pending.


If you have lodged an application for internal review and you do not receive a decision within the requ ired time frame (which is taken to be a decision to affirm the reviewable decision) or you receive a decision that you are not happy with you can apply to Victorian Civil and Administrative Tribunal for external review within 14 days of the date the decision or non-decision came to the attention of the applicant. Applicants seeking extern?!1 review must be .an eligible person.


The issue, variation or cancellation of this notice does not affect any proceedings for an offence against th is Act or the regulations in connection with any matter in respect of which the notice was issued.

Improvement Notice Reference No: VOl 0168003l9Ulll·07 Page 170

209

COMPLIANCE WITH THIS NOTICE DOES NOT indicate that the person to whom it is issued complies with all health and safety requirements, NOR does it affect the continuing obligaijon to ensure workplace health and safety. .

Improvement Notice Reference No: VOl 0168003l9Ul ll -07 Page 171

210

t f f I

I

visit nbr: v01016800768l - pages · visit nbr: v01016800768l -the trustee for the w date:...

Documents