This article will discuss the rights of construction workers NSW. We will also explore the legal implications if there is a violation of these rights.
Have you ever looked up at a skyscraper and wondered who built it? Or driven over a bridge and thought about the people who put it there? Construction workers are the invisible workforce that builds our world, but they often go unnoticed and unappreciated.
Moreover, they often get low wages and work in dangerous conditions on their construction site. They are also at high risk of injury and illness. In fact, construction workers are more likely to be killed or injured at work than any other occupation in Australia.
Here are the rights of construction workers NSW under the NSW government and construction industry.
The Right to a Fair and Just Workplace
The right to a fair and just workplace of construction workers NSW includes the right not to face bullying and harrassment at work. This right is protected under work health and safety laws that apply to everyone in Australia.
Discrimination against construction workers in NSW, Australia is a significant problem. Construction workers are often subjected to discrimination based on their age, race, ethnicity, gender, sexual orientation, disability, and other factors.
The Anti-Discrimination Act 1977 (NSW) prohibits discrimination based on the abovementioned factors. However, discrimination still occurs. So, construction workers who are discriminated against should report the discrimination to a relevant authority. This includes the Anti-Discrimination Board of NSW. (Website link).
The Right to Workers’ Compensation
Construction workers NSW have the entitlement to workers’ compensation if they sustain a work-related injury or illness. Workers’ compensation insurance provides support for construction workers in the event of a work-related injury, covering:
- medical expenses,
- home care, and
- loss of past and future income.
This compensation is to cover lost earnings and medical expenses resulting from accidents and injuries on a construction sites. Under the Workers Compensation Act 1987, construction workers NSW have an entitlement to compensation for medical expenses.
The Right to Say No to Unsafe Work
If a worker believes that a task may be unsafe, they have the right to talk to their supervisor or Health and Safety Representative (HSR) about their concerns. This right is protected under work health and safety laws (WSH) that apply to everyone in Australia.
Additionally, workers may refuse work that they reasonably believe is dangerous and/or puts them or others at immediate risk of serious injury or harm.
The Right to Appropriate Safety Equipment
Employers need to provide adequate safety equipment, including personal protective equipment (PPE), and train workers on how to use it properly. PPE includes hard hats, safety glasses, high-visibility clothing, and other equipment that protects workers from physical harm, such as head injuries, cuts, and abrasions.
Employers must also ensure that hazardous materials are handled safely to prevent injury and illnesses to workers and the public. These include chemicals, batteries, and medical waste.
The Right to Be Shown How to Work
Construction workers NSW have the right to work in a safe environment and get information about any hazards in the workplace or construction projects. As a person conducting a business or undertaking (PCBU), employers have a duty to keep workers and the workplace safe from construction work.
Additionally, project managers in the construction sector must ensure that workers have information about the standards, laws, regulations, and norms that apply to the workplace. Furthermore, workers have the right to access and review documentation of accidents, illnesses, and injuries that have occurred in the workplace.
FAQs About Construction Laws
Q: Can work take place on a construction or building site in regional NSW?
A: Yes, construction in regional NSW is permissible. Sites can have 1 person per 4 square metres indoors and 1 person per 2 square metres outdoors at the site at any one time.
Q: What is high risk construction work in NSW?
A: The construction of a heavy structure involving loads on the structure or a component affecting its physical integrity.
Q: Is rapid antigen testing still required in construction sites?
While there are no mandatory surveillance requirements for workers, some sites may implement rapid antigen testing that the NSW Health has approved.
Violation of Construction Worker NSW Rights
The violation of the rights of construction workers NSW can have significant effects, including legal, financial, and human rights implications. Here are the potential effects of such violations based on the provided sources:
1. Legal Consequences. Employers who violate the rights of construction workers may face legal repercussions, including penalties and fines under relevant legislation such as the Building and Construction Industry Long Service Payments Act 1986. Additionally, workers have the option to file complaints with regulatory bodies:
- Fair Work Commission (FWC) – file your complaint at FWC for general protections or bullying, harassment or discrimination at work.
- SafeWork Australia – if there is a heal or safety issue in your workplace, you can request for assistance from SafeWork Australia.
- Australian Human Rights Commission (AHRS) – for human rights violations, file a complaint with AHRS.
2. Human Rights Implications. Violation of workers’ rights, particularly in the context of labour exploitation, is a severe violation of human rights and a restriction of human freedom. This can lead to physical violence, forced labour, and other forms of exploitation, which have serious implications for the well-being and dignity of workers.
3. Financial Impact. In the event of injury or illness due to unsafe working conditions, construction workers have the right to workers’ compensation. Violations of these rights can result in financial hardship for workers who have entitlement to compensation for medical expenses, home care, and loss of income.
Seeking Legal Assistance
The effects of violating construction workers’ rights in NSW can encompass legal, financial, and human rights dimensions, with potential implications for both workers and employers. Employers need to uphold the rights of construction workers to ensure a safe and fair working environment in compliance with relevant legislation and regulations.
Thus, employers must follow the rules and regulations to ensure the safety of reliable construction labourers or workers. The Work Health and Safety (WHS) laws for construction work in New South Wales govern these rights. Employers have an obligation to uphold them to ensure the safety and security of construction workers NSW.
If you are considering hiring a lawyer for a construction workers NSW rights violation, it is choose a lawyer who has experience in this area of law. You should also make sure that you feel comfortable with the lawyer and that you trust them to represent your best interests. Our essential services can help construction law matters like:
- Settling a dispute between a principal contractor
- Helping identify weekly pay variety of sites if there are salary disputes
Schedule a consultation today with JB Solicitors. Contact us through this link.
