• MattD2
    30
    How does everyone deal with notification of particular hazardous work under Regulation 26 of the HSE regs 1995 where there are multiple contractors working on the job?
    One way I have seen is for the principle / main contractor to notify WorkSafe (as the person who controls the workplace) of all notifiable work being done on the work-site by their (sub)contractors. But does this satisfy the requirement for the subcontractors to "..., so far as is reasonably practicable, take steps to lodge notice..." - i.e. is it considered a reasonably practical step to have the main contractor lodge the notice?
  • Chris Anderson
    21
    Notice only needs to come from one PCBU, for us its the contractor most heavily involved in the notifiable works.
  • Joanne Brown
    5
    We as main contractors also follow this process. Main reason is the sub being responsible for the works is the one experienced, therefore if required by Worksafe to query safe practices/incidents they are aware of who is controlling this area of works.
  • MattD2
    30
    Notice only needs to come from one PCBU, for us its the contractor most heavily involved in the notifiable works.Chris Anderson
    Thanks for the replies Chris and Joanne - good to see that the general consensus is a single notification is the standard approach. In the context that I am generally working we will have multiple individual contractors engaged in the work at different times over the duration of the job, so in this case I would say we are "most heavily involved in the notifiable work" being we are present throughout the job.
  • Tania Curtin
    88
    Spot on - it only needs to be notified by one PCBU.
    The key here is the overlapping duties - the relevant PCBU's need to talk to one another and agree who is responsible for lodging notifications. All the relevant PCBU's should be ensuring the notification is lodged (whether by them or another PCBU), e.g. by obtaining a copy.
  • MattD2
    30
    All the relevant PCBU's should be ensuring the notification is lodged (whether by them or another PCBU), e.g. by obtaining a copy.Tania Curtin

    Yes - the way I have seen this done effectively is for the principle / main contractor lodge the notice for the anticipated Notifiable Work and then post the confirmation from WorkSafe NZ in the common areas (such as permit huts) so that they can be referred to by sub-contractors to confirm that their work has been covered.
  • Cam Smailes
    0
    Principle / main contractor is key. Then as sub-contractors, referring to the notification on your SSSP, ensuring you get updated information on any requirements (such as regular scaffold safe dates such as for a 5m scaffold), checking these yourselves and updating staff on any changes to the notified work.
  • Campbell Hardy
    9
    Almost a bob each way given overall comments. I would believe in most instances that as long as the notification has been completed all should be well. Who specifically should complete it would of course be the PCBU undertaking the work directly. Where arrsurances are required by the princple then the likes of ITP's can be used to ensure all critical steps such as notifications are undertaken when and where required, without having to duplicate processes. The princple doesn't have to do everything for everyone, just ensure their part of the conversation and everyone is well supported in all aspects of the undertaking... All are engaged and participating in achieving a productive and safe work environment.
  • Monty
    1
    Health and Safety in Employment Regulations 1995
    Regulation 26 Notification (part)
    (1) In this regulation, the term employer includes a person who controls a workplace.
    (2) Subject to subclause (4), every employer who intends to commence any notifiable work or any work that will at any time include any notifiable work must, so far as is reasonably practicable, take steps to lodge notice of that intention in accordance with this regulation.

    My view is that 'employer' equal PCBU and that by applying that Clause requires "every employer to lodge notice.
  • MattD2
    30
    That's what prompted me to ask the question in the first place. Although there is the extra bit of
    ...must, so far as is reasonably practicable, take steps to lodge notice...Monty
    So my question is whether making sure at least one PCBU has lodge would be SFARP steps.

    Remembering that these regulations where brought in under the old act and so the S34 duty to collaborate wasn't yet a thing when they wrote it... although only the main PCBU lodging seems to have been the norm even pre 2016.
  • Monty
    1
    I get where you're going but as an example on a new build 2 story residential build no-one but the scaffolder would be required to notify as they're the only one who trigger the requirements as defined in Regulation 2 of the HSE Regs 95.
    The requirement to notify is part of the MBIE Regulation review currently underway, make a submission - I certainly have
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