The State Government has published a draft Excavation Work Code of Practice, with comment due by Friday, March 13.

The Draft Code is available online at safetyline.wa.gov.au/consultations/draft-code-of-practice-excavation-work/

Like the harmonised Codes already in force in other Australian states, the draft WA Code is based on Safe Work Australia’s model Code of Practice for Excavation Work. However, the draft WA Code differs so significantly from the others that it barely qualifies as harmonised at all.

Some of the differences are hard to fathom. The section on ‘ground conditions’ is Part 6.1 of the model Code and all state Codes but is an appendix in the draft WA Code, while ‘adjacent buildings or structures’ is in Part 3 (planning excavation work) of every other Code but Part 5 (controlling risks) of the draft WA Code. Useful guidance in the model Code around plant operator protective structures has been omitted from the draft WA Code. There are many other major and minor examples.

In a recent discussion paper, Safe Work Australia noted that nationally consistent WHS laws simplify compliance and improve safety outcomes by making it easier for duty holders to understand and meet their obligations. The same logic applies to nationally consistent Codes of Practice.

Some inconsistencies are of course necessary to reflect WA-specific regulations, but others look like change for change’s sake. It would be helpful to understand the reasons for the many departures from the harmonised framework, but no explanations have been provided. CCF WA is unfortunately not a member of the Construction Industry Safety Advisory Committee (CISAC), which advises the WHSC on construction safety issues and was consulted during the development of the Code.

We will continue to advocate for a seat at CISAC on behalf of the civil construction industry. An initial review of the draft Code has already revealed a number of examples where more civil expertise may have been helpful. The scope and complexity of major excavation works on civil projects is not always appreciated by those outside our industry.

Guided by our Safety Committee, CCF WA will be reviewing the draft Code in detail over the next few weeks.  A summary document is available here. This document also includes space for member comment on each section of the Draft Code and can be used to provide your company’s feedback to CCF WA.

Your company’s comment is welcome by February 27 (or earlier if possible) so that CCF WA can prepare a comprehensive submission by the March 13 deadline.

CCF WA Summary and Comment Template