On-site Insight March 2008 In This Issue Planning reform Protection from falling objects Variations and Home Building Contracts Water situation update Construction Long Service Leave Scheme CRADS and Golf
IMPORTANT DATES 29 March Earth Hour A simple, global initiative to encourage people to take action on climate change. www.earthhour.org 11 April Life, Business & Sustainability in Building Forum – National Convention Centre 23 April Information Session - Solar Grid Connect Electricity. Builders Designers, Architects, this session will give you the answers that your clients will ask. 10 May 20th Anniversary of New Parliament House 30 May Master Builders Group Training Awards – Eastlake Football Club 27 June 2008 Boral and Master Builders Excellence in Building Awards
The New Planning System The new Planning System will commence on the 31st March 2008. The MBA will be running a number of seminars explaining the new system and we will endeavour to explain the system and its implementation in plain English. To secure your place at one of these sessions, please contact Sue Barker at the MBA on 6247 2099. As industry practitioners, you will need to understand some of the key elements in the new system that we have identified below: • • • • • • • • •
The new development track systems Exempt developments - including new houses Restructured Territory Plan New lodgement requirements The role of the Building Certifier under the new system Updated amendments Exempt building work Transitional arrangements (carry-over provisions) New offences for non-compliance
Implementation and Transition: Builders, architects and designers please note the following implementation and transition provisions: • Planning and Development Bill 2007, Regulations and Territory Plan take effect on 31 March 2008 • DAs lodged before 31st March 2008 will be processed under the Land Act • Decisions before the AAT, the repealed Act including the Territory Plan, continue to apply for the purposes of deciding application • Approvals under the Land Act remain in force • Approvals may be extended once under the Repealed Act if the application for extension is made before the approval expires, and within six months after commencement of the new Act.
On-site Insight Protection From Falling Objects Falling objects can injure or kill and are a hazard where overhead work is being carried out. In developing a risk assessment for particular tasks, supervisors and their employees should consider falling object hazards. Where protective platforms and screens cannot guarantee that falling objects will not present a threat, the following safety measures should apply: • A NO ACCESS area should be established below overhead work • The NO ACCESS area should have secure barriers in place and adequate signage to prevent access into the area • All employees should be made aware of the NO ACCESS area • In certain circumstances a spotter may be necessary Remember that there may be a danger to you from other trades working overhead and that your work may be a danger to those working below. Avoid being injured or injuring others by making sure that you: 1. Always wear your hard hat in work areas 2. Stay away from ‘No Access’ areas 3. Keep away from loads being lifted and slung loads 4. Secure loose material you use such as ply wood, ironsheets and off-cuts especially in windy conditions 5. Do not stack materials close to un-meshed guardrails and perimeter edges
Variations and Home Building Contracts – GET IT IN WRITING!!! With a residential construction project what are the odds of never having a problem with, or a dispute, over payment with your clients? And what are the odds that the payment dispute will be over variations or changes to the contract? Ever heard these words: “I didn’t expect that to cost so much…” or “Why didn’t you say that was going to be that expensive…” or “I didn’t ask for that, and I’m not paying…” or “You’re the builder you should have known that the heated towel rail that I bought two days ago, but wasn’t shown on the original plan, required a power point.” These are the sorts of issues builders deal with on a daily basis. Although they could sour Builder/Client relationships, they are easily handled and the trick is not let them become an issue. Nip them in the bud!
6. Alert your supervisor and/or Health and Safety Representative of any falling object problem areas around the site
Selecting the Correct Personal Protective Equipment When providing PPE, ensure that: • The right type of PPE is selected for the job; • PPE fits properly and is comfortable under working conditions; • Workers are adequately trained in the need for PPE, and how to use and maintain it; • Workers wear and/or use PPE in accordance with instructions received; • PPE is stored in a clean and fully operational condition. Store PPE in areas where the equipment will not become damaged or contaminated with dust or chemicals.
Choosing the right PPE for the job Selection processes should include: • Detailed evaluation of the risk and performance requirements for the PPE; • Consultation with users; • Ensuring compatibility of PPE items where more than one type of PPE is required (eg ear muffs with a hard hat); • Consideration of workers’ medical conditions and fitting requirements; • Preference for PPE that complies with the relevant Australian Standard or similar international standard.
The way to deal with this is to ensure that any changes are in writing and have been agreed to. Variations are dealt with in Clause 15 of the MBA ACT Home Building Contract. The crucial points of this clause are: • Variations can only be done if the builder agrees to do it; • If so, there must be a Variation Notice (written) submitted and priced; and • The cost of the agreed variation has to be claimed at the next progress claim, not at the final claim “Everybody knows that!” is the catch cry. Well why don’t we spend just a little more time managing our contractual responsibilities. If these simple rules are followed there can be no argument with what variations were undertaken and there should be no issue with the cost of the variation. To help you manage your variations, refer to Form 3 Cost Variation Notice and Form 4 Table of Notices of Cost Variation in the MBA Home Building Contract.
On-site Insight Water Situation Update Good inflows into the ACT region’s reservoirs and on target water consumption have reduced the need for tougher water restrictions. “February has started well for our catchments with several good rainfall events and significant inflows into our reservoirs,” said Managing Director Michael Costello. More than 100mm has fallen in some areas and over 1GL, or a week’s consumption, has flowed into our reservoirs. The combined dam storage level is now at 49.3% and could reach 50%. This capacity is up from around 35% at the same time last year. At this time in 2007 Canberra was heading towards a midyear introduction of Stage 4 Water Restrictions; the most severe stage of ACT’s water restrictions scheme. Since then it has been reviewed a number of times due to small improvements to dam levels. “Thanks to good rainfall in some recent months and the water saving achievements made by Canberrans this summer, the forecast is now more optimistic,” said Mr Costello. Up-to-date modelling indicates dam levels will not reach the low thirties percentage and trigger Stage 4 Water Restrictions until September at the very earliest, but this would only be in extremely dry circumstances. “It is more likely that we will avoid Stage 4 altogether this year, provided Stage 3 restrictions continue to be effective and the community continues with the very encouraging water saving efforts we are seeing.” “For now we will continue with the existing Stage 3 regime and reassess again towards the end of summer,” said Mr Costello. During 2007 Actew worked with the industry groups that would be most affected by Stage 4 and developed exemptions that will be used to minimise loss of jobs and the economic impact to the ACT. “We thank all the industry groups for the efforts put in last year during the very tough preparations for Stage 4. ACTEW will continue to liaise with these groups to ensure full readiness should Stage 4 be needed in the future.” The Master Builders Association has been playing an active role with the ACT government agencies in developing strategies to minimise the use of potable water. Large quantities of potable water are still being used for dust suppression and compaction in the civil construction area. We have actively lobbied the ACT government to provide infrastructure and a streamlined approval process to enable lake and pond water to be extracted and used for civil engineering works. The ACT government and it’s agencies are currently developing a strategy to formalise arrangements with industry for the use of lake water as an alternate to using potable water.
Changes to Long Service Leave Payments Scheme Changes were legislated in the second half of 2007 to payments made under the Construction Industry Long Service Leave scheme. The changes, designed to take some compliance pressure off of industry, mean that returns and payments are now only required on a quarterly basis. The quarterly returns will be due at the end of April, July, October and January. The following provides a brief history of the scheme and the latest employer responsibilities under the scheme:
About the Scheme: The portable long service leave scheme has been legislated for the ACT construction industry since 1981. The scheme was established to recognise the transient nature of the construction industry. Construction work includes: • plumbing, electrical work, carpentry, painting, tiling, gas supply, landscape construction, carpet laying, draughting and the construction or assembly of structures and fixtures (e.g. kitchens, air conditioning ducting, steel and metal fabrication, switchboards, windows etc) that are destined to become part of a building (both commercial and non commercial). The scheme is paid for by an employer levy of 1% of employees ordinary wages (no levy is payable for apprentices wages). Apprentices, foremen, leading hands and construction or site supervisors are also included in the scheme.
Employers Responsibilities • Employers (who have employees) must be registered in the scheme; • All employees must be registered in the scheme and have recorded service to receive an entitlement; • Information (returns) and levy payments are required on a quarterly basis. Due dates are end of January, April, July and October each year – the Authority sends a newsletter and the relevant forms to all employers one month before the due dates; • Reminders are also sent to employers by email, fax, letters or telephone three days before the due dates; • Penalties apply for late lodgement of returns - $100 per month or part month late - and late payment of the return - a further $100 per month or part month late; • Employers with apprentices must lodge returns by the due dates but no payment is required – Note: Penalties also apply for late lodgement of returns; • Employers who are unable to lodge return/payment by the due date must contact the Authority and request an Extension of Time; • If you are unsure if your workers are covered by this scheme you can discuss coverage with one of the Authority’s staff members. Ph: 6247 3900 • www.actlslb.act.gov.au
AN INDUSTRY UPDATE FROM THE MASTER BUILDERS ASSOCIATION OF THE ACT
On-site Insight The MBA golf day was a great success. The weather was perfect on Monday 25 February at Yowani Golf Club, the snags and rissoles for lunch were cooked to perfection. For those that stayed on for dinner the beer and wine flowed the food was eaten and Kerry O’Keefe was in vintage form.
But apart from having a great time we were all there supporting CRADS and during the day, through the generosity of the MBA Members, $8000 was raised for CRADS. What or who are they? CRADS is the Canberra & Region Asbestos Diseases Support group. Five dedicated members of CRADS were there all day and into the night. These ladies all share one thing in common-they all have lost their husbands and partners to an asbestos related disease. Who, in the construction industry has not come into contact with some form of asbestos? If you can honestly say you haven’t then, you’re either too young to have yet been exposed or you’re not in the industry. There are thousands of people in the community that are affected in some way by Asbestos but how many of them really understand how this substance can affect their lives? I thought I would share with you is an excerpt from a speech made by Cynthia Senz, Co-ordinator of CRADS at the golf day dinner. “I want to share my personal journey. My husband, Stephen, was diagnosed with Mesothelioma in May 2005. You may not know what Mesothelioma is. It is an incurable aggressive cancer which can affect the lining of the chest (pleura) or the lining of the stomach (peritoneum). It is a terminal cancer caused by past exposure to asbestos. Sometimes the exposure can occur up to 50 years before the disease manifests itself. The asbestos exposure need not have been frequent; it can take one breath, one fibre. Stephen was a healthy 59 year old. Living life to the fullest, with a thriving financial planning business and an active social life. He was also a talented rock ‘n roll drummer. We met in 1964, Stephen was 17 and I was 16, we married in 1968, raised two beautiful children and looked forward to our golden years together. We had everything to look forward to. He appeared to come down with flu type symptoms which did not go away. As you all can imagine, Stephen, myself and our family’s lives have not been the same since his diagnosis and his passing away on 22 December 2006. His life was taken away from him. His exposure to asbestos was back in approximately 1964 when he was 17 years of age, he was an apprentice electrician. Stephen was so brave and courageous during his illness; instead of looking upon his chemotherapy treatments as being the recipient of “not another dose of rat poison” he looked upon his treatments as “receiving the golden thread of life”. This positive quality is what keeps me going and
gives me the strength to carry on the support to other asbestos victims. Through CRADS, we want to be able to help make a difference. Upon Stephen’s diagnosis, the doctors first explained to us what Mesothelioma was, how he may have contracted it, and because of the nature of the illness and its cause, to seek legal advice. They also advised that we did not have a lot of time to play with. We didn’t know what to do first, just coming to terms with the shock of the diagnosis, trying to even say the word Mesothelioma, let alone what it was. We felt so frightened, so isolated. We felt angry and betrayed that our hopes and dreams, everything we had worked hard for in our early years, were just ripped right out of us at that very moment. We questioned “why us” – but we never gave up hope. The love we shared, and the love we had for our family, we faced our new journey together with only positive thoughts, believing every morning you wake up to is beautiful. Fortunately, both Stephen and myself had a commercial background which held us in good stead for what lay ahead and we were able to commence the process of our legal journey, but more importantly, getting the best treatment for the best quality of life for Stephen to enable us to be able enjoy every new day together. Sadly, my story is being told by so many other families because of asbestos disease.” What Cynthia portrayed so eloquently was a family devastated by a disease that kills hundreds of innocent and unsuspecting victims each year. The statistics Cynthia provided were staggering. People involved in the construction industry should take note that 633 people are diagnosed with Mesothelioma annually in Australia. By 2020 there will be between 15,000 to 25,000 new incidents of Mesothelioma worldwide. The peak is said to be 2020, the average latency is 37.4 years from exposure to diagnosis. The average age is 60.8 years but someone as young as 21 years old has recently been diagnosed. The shortest recorded exposure is 16 hours. None of us really know whether we will contract the disease but we can lessen the chances of contracting an Asbestos Related disease by taking proper safety precautions and correct use of Personal Protective Equipment. Anyone who would like more information on any aspect of this dreadful disease, counseling, legal advice or would like to involve themselves in a worthwhile. If you would like more information contact CRADS on 0419 418 879
Master Builders Association of the ACT 241 Northbourne Ave Lyneham Canberra ACT 2602 Tel: (02) 6247 2099 Fax: (02) 6249 8374 canberra@mba.org.au www.mba.org.au 00022
MBA Golfing supports CRADS