Posts Tagged ‘S28’

How does compliance with the BCA meet your S28 OH&S designer duties?

Wednesday, June 9th, 2010

The BCA and Section 28 of the Victorian OH&S Act 2004

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How do you identify where you cannot rely on the BCA as a published technical standard to comply  with your S28 duty as a designer? We need to start by looking at the two legislative frameworks.

Section 28 of the Victorian Occupational Health Safety Act 2004 creates a duty for designers to “ensure, so far as is reasonably practicable, that it is designed to be safe and without risks to the health of persons using it as a workplace for a purpose for which it was designed.” The Building Code of Australia (BCA), applied in Victoria as the technical requirements of the Building Regulations 2006, provides minimum compliance standards for the health, safety, amenity, and energy efficiency of new buildings and alterations to existing buildings in our community.

The Building Code of Australia can address a significant proportion of the designer’s duty under S28 where the designer can rely on the BCA as a published technical standard that provides risk controls that eliminate or reduce the level of risk in that building to an acceptable level. The issue for designers is that there is an area of health and safety requirements where there is no duplication between the two legislative frameworks. This leaves the designer exposed and possibly unaware that they have not satisfied their OH&S duty. So how do we identify this area where the overlap occurs?

The overlap for requirements for health and safety occurs where buildings fall outside the generic requirements for the characterisation of buildings in the BCS Deemed to Satisfy (DTS) provisions. How do you know as a designer when the provisions for health and safety in your building are possibly not adequately covered by the BCA DTS provisions? (more…)

Can I get a building permit with non-lever door furniture to a commercial building?

Tuesday, June 1st, 2010