THE federal government has released amendments to the code of practice for the building and construction industry, signaling its intent to ensure higher standards of workplace safety for construction sites, specifically relating to drug and alcohol testing.

Former Minister for Employment, Eric Abetz, on 18 September 2015, released amendments to the Building Code 2013, which was originally implemented by the former Labor government. The amending instrument is known as the Building Code (Fitness for Work / Alcohol and Other Drugs in the Workplace) Amendment Instrument 2015, and will come into effect 28 days from registration, which is on or around 16 October 2015.

The current federal government had previously been making amendments to its own Building & Construction Industry (Fair and Lawful Building Sites) Code 2014, which it amended as recently as November 2014. That Code was, however, awaiting legislation to pass through the federal parliament before it could take effect, with that legislation recently being voted down in the Senate.

The Building & Construction Industry (Improving Productivity) Bill 2013, which would have given life to the 2014 Code, was voted down in the Senate on 17 August 2015 and will not be progressing further. It remains to be seen when such legislation will pass through the parliament.

While the above Bill never came into effect, the 2014 Code nevertheless purported to have retrospective effect to industrial agreements made after 24 April 2014. The Bill stated that compliance with the legislation and the 2014 Code were required in order to be eligible to tender for Commonwealth-funded building work.

Latest amendments to existing code

The latest amendments to the Building Code 2013 are based on those previously applying in Victoria until the Victorian Code of Practice for the Building & Construction Industry and Implementation Guidelines were repealed by the incoming state Labor government on 18 January 2015.

As with the former Victorian code and guidelines, the latest amendments to the federal code will require successful tenderers to provide the client agency with a project-specific health and safety management plan that meets the agency’s satisfaction.

Those companies will, once the amendments take effect, require a building contractor or building industry participant’s work health safety and rehabilitation (WHS&R) management system to show the way in which drug and alcohol issues in the workplace will be managed to ensure that no person performing building work onsite does so under the influence of alcohol or other drugs.

The amending instrument also requires that where building work is part of a project that meets certain financial thresholds, a management plan for WHS&R established by a principal contractor must include a fitness for work policy to manage alcohol and drugs in the workplace, including mandatory drug and alcohol testing, that applies to all persons engaged to perform building work on the project.

Fair Work Building & Construction (FWBC) will be responsible for auditing contractors to ensure those subject to the code have a compliant fitness for work policy in place.

“It is essential that workers on construction sites do not present a risk to themselves, their co-workers, and the public by having drugs and alcohol in their systems,” former Minister for Employment, Eric Abetz said in releasing the latest amendments.

It remains to be seen whether the recently registered instrument will be disallowed before taking effect.

What legislation currently applies?

With the 2014 code and accompanying legislation never having come into force, the Fair Work (Building Industry) Act 2012 and the Fair Work Act 2009 currently govern industrial relations matters in the building and construction industry at a federal level, with the former Labor government’s Building Code 2013 currently in force with the drug and alcohol testing amendments shortly to take effect.

AREEA will keep members up to date on future developments in this space.

To view the latest amendments to the Building Code 2013 and the explanatory statement, click here.

For further assistance or advice regarding building and construction industry compliance, please contact your local AREEA consultant in your state.