Work Health and Safety (Demolition Work) Code of Practice 2015

The Work Health and Safety (Demolition Work) Code of Practice 2015 is an approved code of practice made under section 274 of the Work Health and Safety Act 2011. It is a practical guide to achieving the standards of health, safety and welfare required under the WHS Act and the Work Health and Safety Regulations for demolition work.

For businesses, the important point is that this Code is more than general guidance. It applies to anyone who has a duty of care in the circumstances it describes. In most cases, following the Code would achieve compliance for the subject matter it covers. A business can use another method, such as a technical or industry standard, but only if it provides an equivalent or higher standard of work health and safety.

The Code also has legal weight in practice. It is admissible in court proceedings under the WHS Act and Regulations. Courts may regard it as evidence of what is known about a hazard, risk or control and may rely on it when deciding what was reasonably practicable. Inspectors may also refer to it when issuing improvement or prohibition notices.

The Code applies to all types of demolition work. It is relevant to demolition contractors, principal contractors and other PCBUs with management or control of workplaces where demolition work is carried out. The Code also says people with duties in relation to demolition work should refer to the Code of Practice: Construction work, because demolition is treated as construction work under the WHS Regulations.

The Code says demolition work means demolishing or dismantling a structure, or part of a structure, that is load-bearing or otherwise related to the physical integrity of the structure. Any work connected with the demolition of a structure is classified as construction work under the WHS Regulations, so the construction work requirements must also be complied with.

This definition is important because businesses often describe work as a strip-out, alteration or refurbishment when it may actually be demolition work. If the work affects a load-bearing element or the physical integrity of the structure, the demolition rules are likely to be engaged. The Code also states that demolition of an element of a structure that is load-bearing or otherwise related to the physical integrity of the structure is high risk construction work.

The Code gives examples of what a structure can include. A structure is anything that is constructed, whether fixed or moveable, temporary or permanent, and includes buildings, sheds, towers, chimney stacks, silos and storage tanks. The Code also makes clear that some activities are not included in this definition of demolition work, such as dismantling formwork, falsework, scaffolding or other support, access or containment structures used during construction work, and removing power, light or telecommunication poles.

The Code identifies several duty holders whose responsibilities can overlap on the same demolition job. The starting point is the primary duty of a person conducting a business or undertaking. A PCBU must ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking. The WHS Regulations also impose specific obligations for managing risks associated with demolition work.

For the purposes of the Code, the PCBU that has management or control of the demolition work is sometimes referred to as the demolition contractor. That does not mean other businesses are off the hook. A principal contractor for a construction project has additional duties under the WHS Regulations. There can only be one principal contractor for a construction project, and this will be either the person commissioning the construction work or a person appointed as principal contractor by that person.

Designers also have duties. The Code says designers of structures must ensure, so far as is reasonably practicable, that the structure is designed to be without risks to health and safety in relation to proper demolition or disposal. Designers must give the person who commissioned the design a written safety report specifying certain hazards associated with the design.

Officers, such as company directors, must exercise due diligence to ensure the business or undertaking complies with the WHS Act and Regulations. Workers must take reasonable care for their own health and safety and that of others, comply with reasonable instructions and cooperate with workplace safety policies and procedures.

In practical terms, businesses should not assume that engaging a specialist demolition contractor transfers every WHS responsibility. If you commission the work, control the workplace, act as principal contractor, prepare the design, supervise the work or share the site, you need to identify your own role and coordinate with the other duty holders involved.

The Code says a PCBU must manage risks associated with carrying out construction work. It sets out a systematic process that mirrors the general WHS risk management framework. Duty holders must identify reasonably foreseeable hazards, eliminate risks so far as is reasonably practicable, and if elimination is not reasonably practicable, minimise risks so far as is reasonably practicable by implementing control measures in accordance with the hierarchy of control. Control measures must then be maintained and reviewed.

The Code gives practical examples of demolition hazards that should be considered before work starts and as the job progresses. These include unplanned structural collapse, falls from one level to another, falling objects, above and underground essential services, exposure to hazardous chemicals, contaminated sites, hazardous noise from plant and explosives, and the proximity of the structure to other buildings or structures.

A formal risk assessment is not mandatory for all demolition work, but the Code says it is required for specific situations, such as asbestos or explosives. In many cases, a risk assessment will still be useful because it helps identify who is exposed, what is causing the risk, what controls should be used and whether existing controls are effective.

When assessing demolition risks, the Code says businesses should consider the structure to be demolished and its structural integrity, the demolition method and sequencing, scheduling, workplace layout, fall hazards for people and objects, the plant and equipment to be used, the skill and experience required to use that plant safely, likely exposures such as noise or ultraviolet rays, the number of people involved and local weather conditions.

The Code explains the hierarchy of control in practical demolition terms. If a hazard cannot be eliminated, the risk should be minimised using one or more higher-order controls. Examples given in the Code include substitution, such as using a mechanical demolition method rather than a manual method if it is safer, isolation, such as using concrete barriers to separate pedestrians and powered mobile plant, and engineering controls, such as fitting an open cab excavator with a falling objects protective structure.

If risk remains after those steps, it must be minimised so far as is reasonably practicable using administrative controls, for example warning signs and exclusion zones. Any remaining risk must then be minimised with suitable personal protective equipment, such as hard hats, steel cap boots and high visibility vests. The Code makes the usual WHS point that administrative controls and PPE rely on human behaviour and supervision and are generally the least effective controls when used on their own.

The Code also points businesses to practical matters that affect the choice of controls, including the plant and equipment needed for the job, whether large structures require scaffolding or powered mobile plant to work on suspended floors, stockpiling arrangements for demolished material, dust control, access to the workplace, the haul route and the type of load shifting equipment to be used.

Later chapters of the Code deal with specific control topics such as the building or structure to be demolished, hazardous chemicals and materials, securing the work area, plant and equipment, powered mobile plant, debris removal, falls, electricity, fire prevention, information, training, instruction and supervision, demolition methods and special structures. Businesses should use those sections when the project involves particular hazards or methods.

The Code says demolition work should be carefully planned before work starts so it can be carried out safely. Planning involves identifying hazards, assessing risks and determining appropriate control measures in consultation with all relevant people involved in the work, including the principal contractor, demolition contractor, structural engineers and mobile plant operators.

A demolition plan should be prepared for all demolitions where a number of other PCBUs, such as subcontractors, are involved. If the demolition contractor is also the principal contractor, the demolition plan should be incorporated into the WHS management plan. The Code includes an appendix on what a demolition plan may include, which is a useful prompt for businesses setting up project documentation.

Good planning under the Code is not limited to paperwork. It includes checking the structure, method, sequence, adjoining buildings, essential services, plant use, debris handling and who is responsible for each part of the work. For many businesses, the biggest failures happen before the site starts, such as unclear roles, missing structural information, poor sequencing or assuming the contractor can work around unknown site conditions.

The Code identifies several legal trigger points that businesses should check before demolition starts. First, demolition of an element of a structure that is load-bearing or otherwise related to the physical integrity of the structure is high risk construction work. A Safe Work Method Statement must be prepared before that high risk construction work starts. The Code also says a PCBU must prepare a SWMS for the proposed work, or ensure one has already been prepared by another person, before any high risk construction work commences.

Second, some demolition work is notifiable. A PCBU proposing to carry out notifiable demolition work must give written notice to the regulator at least 5 days before the work commences. The Code says notifiable demolition work includes demolition of a structure, or a relevant part of a structure, that is at least 6 metres in height, demolition involving load shifting machinery on a suspended floor, and demolition involving explosives.

The Code also explains how the height of a structure is measured, from the lowest level of the ground immediately adjacent to the base of the structure at the point where the height is measured to its highest point. It lists the type of information normally included in the notification, such as the PCBU's details, principal contractor details if relevant, the person directly supervising the work, the nature of the demolition, whether explosives will be used, expected start and completion dates, and the location of the work.

Third, where the value of construction work is $250,000 or more, the work is a construction project and additional duties apply to the principal contractor. The Code says those duties include preparing and reviewing a WHS management plan, obtaining SWMS before high risk construction work starts, putting in place arrangements to manage the work environment including falls, facilities, first aid, an emergency plan and traffic management, installing signs showing the principal contractor's name, contact details and site office location, and securing the construction workplace.

The demolition contractor may be appointed as principal contractor in some cases, for example where there is significant demolition work and a clear separation or delay before later building work. If that happens, the demolition contractor must comply with principal contractor duties until the demolition work is complete.

The Code gives specific asbestos obligations that must be checked before demolition work is carried out. A PCBU must obtain a copy of the asbestos register for the workplace before demolition starts. If there is no asbestos register, the work must not proceed until the structure or plant has been inspected to determine whether asbestos or asbestos containing materials are fixed to or installed in it, and that determination must be undertaken by a competent person.

If asbestos or ACM are determined or presumed to be present, the Code says the occupier and owner of the premises, if domestic premises, and the PCBU with management or control of the workplace must be informed. It also says all asbestos likely to be disturbed by the demolition work must, so far as is reasonably practicable, be removed before demolition commences.

The Code also places strong emphasis on design and structural information. Designers must ensure, so far as is reasonably practicable, that structures are designed to be without risks to health and safety in relation to proper demolition or disposal. Designers must provide a written safety report specifying certain hazards associated with the design. The principal contractor, or the demolition contractor if there is no principal contractor, should take all reasonable steps to obtain the designer's safety report.

For demolition work, there may be several designer safety reports available, including the report for the original construction of the structure, reports for later additions or alterations, and any report prepared where a designer is engaged for the demolition work itself. This is especially important for modern designs and structures where stability during demolition may differ significantly from stability in the completed form.

The Code says that if as-built design documentation is not available, if there is concern that the structure has been damaged or weakened, for example by fire or deterioration, or if plant is to be used on suspended floors, then a competent person such as a qualified structural engineer should conduct an engineering investigation and deliver an engineering investigation report.

The Code lists design matters that should be considered when assessing demolition risks, including stability and structural integrity at all stages of demolition, maximum permissible wind speed for partially demolished structures, the effect of the proposed demolition sequence on stability, temporary bracing, adjacent buildings, loadings at all stages, plant size and position, ground compaction, handling of heavy or awkward components, lifting arrangements, and safe access and working areas.

The Code says consultation with workers and health and safety representatives is required at every step of the risk management process, so far as is reasonably practicable. If workers are represented by a health and safety representative, the consultation must involve that representative. The Code recognises that some project decisions are made before workers are engaged, but says it remains important to consult with workers as the demolition work progresses.

The Code gives examples of consultation topics, including demolition methods, risk control measures, interaction with other trades, Safe Work Method Statements, amenities and emergency procedures. This is particularly important on demolition sites where conditions can change quickly and different trades may affect each other's risks.

PCBUs with overlapping duties must also consult, cooperate and coordinate activities with each other so far as is reasonably practicable. The Code gives examples of shared workplaces involving structural engineers, mobile plant operators and asbestos removalists. The practical aim is to exchange information about risks and work together so that risks are eliminated or minimised so far as is reasonably practicable.

Control measures must not be treated as fixed once the job starts. The Code says they should be regularly reviewed to make sure they remain effective. They must be reviewed and, if necessary, revised when a control measure is not effective, before a workplace change likely to create a new or different risk, if a new hazard or risk is identified, if consultation indicates a review is necessary, or if a health and safety representative requests a review. The SWMS must also be reviewed and revised where necessary.

For businesses, this means changes in sequence, weather, plant, access, adjoining property conditions, debris handling, structural behaviour or workforce arrangements should trigger a fresh look at controls and documentation rather than being managed informally on the run.

If you are a demolition contractor, this Code is your practical benchmark for planning, sequencing, structural checks, asbestos checks, SWMS preparation, notification and site controls. If you are a builder, developer, landlord or site owner, the Code is still relevant because you may be the person commissioning the work, the principal contractor, or the party with management or control of the workplace.

If you are a designer or engineer, the Code matters because demolition safety is not limited to the contractor's method on site. The design of the structure, the availability of safety reports, and the need for engineering investigation can all affect whether demolition can be carried out safely and in the planned sequence.

For many businesses, the biggest compliance mistakes are classification mistakes and pre-start gaps. Common examples include treating structural removal as a simple strip-out, starting before the SWMS is ready, missing the 5 day notification requirement for notifiable demolition work, failing to obtain asbestos information, not checking whether the project value triggers principal contractor duties, or proceeding without engineering investigation where the structure is damaged, undocumented or affected by suspended-floor plant.

The safest way to use this Code is as a pre-start planning tool and a live site reference. Before relying on this page, businesses should confirm whether they are operating under the Commonwealth WHS regime for the job, whether the work falls within demolition work as defined, whether the job is high risk construction work, whether notification is required, whether the project value triggers principal contractor duties, whether asbestos information is available, and whether designer reports or engineering investigation are needed.