OFFICE OF FEDERAL SAFETY COMMISSION
RULE CHANGES

Builders accredited with the Office of the Federal Safety (OFSC) Commission under the Building and Construction (Improving Productivity) Regulations 2016 which prescribe the WHS accreditation scheme for builders which carry out, or wish to carry out, Commonwealth funded construction work will be aware by now of recent changes the scheme.

To recap, these changes are intended to:-

• Reduce red tape;
• Clarify existing arrangements;
• Formalise long standing administrative practices; and
• Seek to ensure the scheme remains updated and effective.

The changes include four major planks which impact on OFSC accredited builders and those considering accreditation. These changes are:-

1. The OFSC will retain auditing powers under the s38 of the Building and Construction Industry (Improving Productivity) Act 2016 to determine compliance with the National Construction Code (NCC) and non-conforming products.The OFSC now has power to suspend scheme accreditation of a builder should the OFSC determine the builder has breached their compliance obligations under the NCC in relation to use of non-conforming products.
2. The OFSC now has power to revoke (not suspend) a builder’s scheme accreditation if the OFSC is satisfied the builder has on at least two or more occasions whilst accredited failed to implement appropriate work health and safety policies, practices or procedures. This new power allows the OFSC to sidestep proving there was a clear and present risk to safety.    
3. The Scheme now excludes off-site fabrication and transport of materials to building sites.
4. Clarifies the WHS responsibility on Joint Venture projects.

Further detail about these important changes to the OFSC Scheme Rule changes can be found at www.fsc.gov.au  

John Gelavis
Executive Director

Master Builders WA
9476 9800 | mba@mbawa.com