Employers have a responsibility to ensure workers working in confined spaces can get out easily, quickly and safely if they have to.

Working in confined spaces comes with significant hazards, making it imperative rescue plans are in place in case of an accident or emergency. According to the Australian code of practice, employers have a legal requirement to ensure that first aid and rescue procedures are not only established, but also rehearsed so as to be as efficient and effective as possible.

This is in addition to reducing the likelihood of an emergency occurring by identifying and controlling confined space hazards, and providing appropriate training and permits.

CONFINED SPACE HAZARDS AND SAFETY CONTROLS

Common dangers associated with working in confined spaces include poor air quality, fire hazards, crushing and trapping hazards, and high noise levels. Other risks include drowning, engulfment and explosions, with many typical work dangers increasing when in a confined space due to the enclosed atmosphere and limited ability to move.

As well as addressing the specific hazards present, there are also certain requirements for safety procedures when working in confined spaces, including:

• Confined space entry permits
• Adequate training and information for workers and standby support
• A standby person outside the confined space
• Appropriate personal protective equipment (PPE), and first aid and rescue equipment
• Safety harnesses and lines when there is a danger of falling
• Clear signage regarding entry permissions
• Well-ventilated and clean spaces

CONFINED SPACE FATALITIES

However, despite the existence of these safety procedures, lack of training and adequate safety systems is a leading cause of death in confined spaces. Fire Safety Australia found that 92 per cent of confined space fatalities in Western Australia were primarily due to inadequate entry training.

Furthermore, more than 90 per cent of fatalities had inadequate supervisor knowledge and supervision as a secondary cause of death, with only 15 per cent of organisations having appropriate procedures in place. Contractors were more at risk of death than those with a regular place of employment, making up 60 per cent of fatalities.

Internationally, they found that 60 per cent of deaths occurred during an emergency rescue procedure. Rescuer fatalities increased significantly when workers were not adequately trained in potential hazards and safe rescue procedures for injured workers.

CONFINED SPACE RESCUE PLANS

Employers must establish confined space rescue plans, including rehearsals and rescue exercises to ensure preparedness in the case of an emergency. As part of rescue procedures, employers must ensure that openings and exits to confined spaces are unobstructed and large enough to allow emergency access. Additionally, any

plant, equipment or PPE required for an emergency rescue must be available and maintained in good working order.

While hazards may be similar, each confined space is unique and a customised emergency rescue plan should be established for each space. Factors to consider include:

• The location of the confined space, its accessibility in an emergency and distance from medical
• Communication of workers inside the space with those outside, including who will raise the alarm in an emergency and activate the rescue
• Access to the space by emergency personnel on holidays, weekends and night
• The types of emergencies that are likely to occur, and the appropriate rescue and resuscitation equipment needed, including their storage in close
• Adequate size of entrances and exits for all potential equipment and emergency personnel, or an alternative method of safe entry and
• Training, fitness and capability of rescuers to carry out the emergency
• Protection of rescuers during an emergency operation, including
• Availability of first aid equipment for immediate use, including the presence of first aid-trained
• Process for notifying emergency services of an incident, including any prior arrangements regarding response time, and availability of

In the event of an emergency, rescue should be performed from outside the confined space if possible. Rescuers must be provided with appropriate respiratory protective equipment (RPE) if they enter the space. Air-supplied RPE should always be used in a case where the person to be rescued has been overcome by lack of oxygen or airborne contaminants.

LINQ Height Safety’s new Davit Arms are an essential part of any confined space rescue plan, alongside their confined space rescue kit, which includes a spreader bar, harness, tripod rescue winch, tripod and screw gate karabiners.

It can seem onerous and time consuming, but thorough processes and the occasional awkward conversation will help to keep your business safe from legal disputes. By Angela Tufvesson

Whether it’s a disagreement about variations, quality of work or the type of fitting or fixture that’s been installed, legal disputes with clients can do a lot of damage to your cash flow, profitability and, in the age of social media, reputation. Resolving these sorts of disputes can take time and effort, which can have flow-on effects to other aspects of your business—not to mention your energy levels. Thankfully, protecting your business from legal disputes is simpler than you might imagine. All it takes is solid systems, an understanding of your legal rights and a commitment to clear communication with your clients. Here’s how to go about it.

WRITE IT DOWN

Most disputes occur because there isn’t a clear agreement between tradie and customer, says business coach Jon Dale from Small Fish, a consultancy that specialises in the trades. Jobs or variations are agreed on a handshake, leaving oodles of room for miscommunication. “Disputes are almost 100 per centa failure to communicate,” says Dale. “The customer has an idea of what’s going to happen, and the trades person has an idea of what’s going to happen,

but they’re not the same. And what can then happen is the customer withholds some payment.” The solution: a clear, detailed and legally enforceable written contract. “A contract protects tradies because any dispute will get resolved according to what’s in the contract,” says Dale.“Clear documentation about what you will do and written acceptance by the customer is massively valuable.”

If you’re sub-contracting, the same goes for the contract you sign. In this situation, be sure to read the contract thoroughly—and don’t be afraid to push back on unsatisfactory terms, says lawyer Fionna Reid, a director at Aitchison Reid Building and Construction Lawyers. “It’s really important the contract is fair,” she says. “If you’re a good subbie and you have a good relationship with the builder, don’t underestimate your ability to negotiate the subcontract. Often they will change the subcontract because they don’t want to lose you.

PAY ATTENTION TO THE T&CS

It might not seem like it, but a quote YOUR BUSINESS scribbled on the back of your business card or a scrap piece of paper is an offer, and if the client accepts it, it’s a contract. If you decide you want to add terms and conditions after the fact, you might run into trouble. “If your quote is accepted, a contract is formed,” says Reid. “Then if you agree to a contract or subcontract later, that’s a variation to the original contract. So it’s really important to think about getting those terms and conditions in at the quote stage.”

Dale agrees, explaining that including terms and conditions on all quotes should be part of a consistent sales process used with clients. “You decide up-front what happens in a whole range of situations and you write it down,” he says. “You have terms and conditions that say, for example, if we find rock, we’ll have to vary the contract. If they say they don’t like that door and want a different door, you explain you’ll give them a quote for how much it will cost, they will sign it and accept it, and you won’t do the work until they have.”

BE WILLING TO HAVE AWKWARD CONVERSATIONS

It might be a bit awkward, but being clear and up-front with your customers, especially when it comes to money matters, is vital. “It starts with your sales process—be clear with what you’re quoting for and what’s excluded—and it goes through to your project process,” says Dale. “What people tend to do is not say it because it’s a bit confronting, but it’s really important to discuss these things with your customers.” For sub-contractors, valuing your work is crucial  to making sure you’re paid on time and preventing disputes from escalating.

“On one hand, subbies often really care about their relationship with their customer, which is often the builder, because if they look after the relationship, they hope to get more work,” says Reid. “Unfortunately, the other part is payment and what often happens is the sub- contractor sacrifices payment to maintain the relationship, so they’ll take on a new job even though they haven’t been paid for the last one.”

What’s more, under security of payment legislation there are limited time frames in which to chase up overdue payments. “The legislation is very fast acting because it’s all about cash flow, but in order to maintain their relationships many tradies aren’t using it,” says Reid. She says it’s really important to enforce your right to be paid and not be so concerned about damaging relationships: “If you’re not getting paid, what kind of relationship is that?”

“Disputes are almost 100 per cent a failure to communicate. The customer has an idea of what’s going to happen, and the trades person has an idea of what’s going to happen, but they’re not the same.” Jon Dale, business coach, Small Fish

The NSW State Government has introduced legislation in the State Parliament called the Work Health and Safety Amendment (Review) Bill 2019 (the Bill). The Government has confirmed that a note will be inserted into the Act that sets out offences and penalties noting workplace deaths may be prosecuted as manslaughter under the existing provisions of the NSW Crimes Act 1900.

It has always been the case in NSW that a work-related death can be prosecuted as manslaughter by criminal negligence and under the Crimes Act. The NSW Minister for Better Regulation and Innovation, Mr Kevin Anderson observed: “The insertion of the note will make it clear to employers, businesses, workers and the community more broadly, that anyone who causes the death of a worker through negligence faces serious criminal sanction.”

While no new offence for industrial manslaughter will be created, the new note in the WHS Act is intended to direct the minds of those that manage WHS to the risk of prosecution to manslaughter. Once the Bill is passed by Parliament, the changes will commence on the Assent of the legislation.

Businesses in NSW need to take stock of risk management strategies and insurance arrangements for WHS fines whilst insurances are called to action to manage the change that a prohibition on insurance of WHS fines brings.

Insurance brokers will also be impacted as businesses challenge the value of management liability and statutory fines insurance if WHS fines cannot be insured.

The CFMEU has called upon the Federal Government to intervene in the national construction crisis, and save $2.1 billion through the harmonisation of construction laws. The union has identified three key recommendations the Federal Government should adopt to solve the national crisis in construction.

1. To prevent enormous waste in government infrastructure spend, the Federal government should require jurisdictions to demonstrate informed purchaser capacity in delivery of projects they are funded
2. Federal intervention to harmonise construction laws nationally could save taxpayers a further $2.1 billion in defects and administrative
3. Federal funding should be contingent on jurisdictions having an appropriate prequalification regime which accounts for past performance against safety, worker’s entitlements and wages and the delivery of government projects on time, and on jurisdictions having an appropriate prequalification regime which accounts for past performance against safety, worker’s entitlements and wages and the delivery of government projects on time, and on budget.

But more work is needed, says Safe Work Australia in the latest detailed national statistics on work-related injuries

Safe Work Australia has released the Work-related Traumatic Injury Fatalities Australia 2018 report, which provides the latest detailed national statistics on all workers and bystanders fatally injured through work-related activity.

The Work- related Traumatic Injury Fatalities Australia 2018 report outlines the latest in national work-related traumatic injury fatality statistics.

Over the last decade, the fatality rate has more than halved with 1.1 worker fatalities per 100,000 workers in 2018.

The report details that 69 per cent of worker fatalities occurred in the following industries:

• Transport, postal and warehousing (38 fatalities)
• Agriculture, forestry and fishing (37 fatalities)
• Construction (24 fatalities)

The most common causes of worker fatalities in 2018 were:

• Vehicle collisions (44 fatalities)
• Being hit by a moving object (24 fatalities)
• Falls from a height (18 fatalities)

The report and data are drawn from a range of sources, including initial reporting of fatalities in the media, notifications from jurisdictional authorities, and the National Coronial Information System.

“While the downward trend in work- related fatalities is encouraging, it is not a cause for celebration. Every work- related fatality is a tragedy, and there’s a lot more work to be done,” Safe Work Australia CEO, Michelle Baxter said.