Scaffolding licensing and inspection duties for residential builders

What it is

Scaffolding work where a person or object could fall more than four metres from the working platform is a class of high-risk work under the model WHS Regulations. It can only be performed by a person who holds a scaffolding high risk work licence in the relevant class. Class types are basic, intermediate and advanced. The licence is issued by the state regulator and a worker has to be assessed against the national assessment instrument.

A builder who arranges scaffold erection by an unlicensed worker has breached regulation 81 of the model WHS Regulations. The duty is non-delegable. State equivalents apply in Victoria under the OHS Regulations 2017.

Standards and design

Scaffolds on residential sites are designed and erected in compliance with AS/NZS 1576 series. The series covers general requirements, prefabricated and tube and coupler scaffolds, frame scaffolds and suspended scaffolds. The Australian Standard sits behind the Safe Work Australia general guide for scaffolds and scaffolding work.

Loading limits are critical. Light duty platforms are rated to 225 kg per bay, medium duty to 450 kg, heavy duty to 675 kg and special duty to higher loads with engineering. Roof tilers and bricklayers regularly exceed light duty platform limits because of material stockpiling. Inspectors check the duty rating against the actual material stored on the platform.

Inspection regime

Under regulation 225 of the model WHS Regulations a scaffold from which a person or thing could fall more than four metres must be inspected by a competent person before use, after any incident that could affect stability, and at intervals of no more than 30 days. Each inspection has to be recorded.

A handover certificate is required from the licensed scaffolder erecting the scaffold. The handover identifies the duty rating, the design loading, the bay layout, any specific restrictions and the date of erection. The builder cannot put workers on a scaffold without the handover in hand.

Edge protection and access

Guardrails have to be in place at the open edges of platforms above two metres. The top rail sits at 900 to 1100 mm above the platform, the midrail at 450 to 600 mm and the toeboard at 150 mm. Inspectors check spacing during walkthroughs and a missing midrail on a residential scaffold is one of the most cited findings.

Access between platform levels has to be by ladder, internal stair or external stair tower. Climbing the structural members of the scaffold is a recurring SafeWork issue and a written direction trigger.

Where audits go wrong

The patterns SafeWork NSW and WorkSafe Victoria report on residential scaffolds include scaffolds erected by an unlicensed worker, no handover certificate from a licensed scaffolder, scaffolds modified by the builder or trades after handover, no documented 30 day inspections and platforms overloaded with brick or tile beyond the duty rating. Roof tiling crews working from a scaffold platform sitting more than 300 mm below the gutter line is also a constant finding.

A category 2 offence under section 32 of the model WHS Act for breach of a duty exposing a person to risk of death or serious injury sits at $1.5 million for a body corporate. Scaffold collapse fatalities have led to category 1 charges with $3 million corporate exposure.

TradeLens audit triggers

The high-risk signals on a residential scaffold include a builder who erects or alters the scaffold without a high risk work licence, no handover certificate on file, no recorded scaffold inspections, platforms missing toeboards or midrails, scaffold base sitting on soft ground without sole boards and ties to the structure removed during cladding or render work. Lack of an exclusion zone below the scaffold during loading and unloading is also flagged.

What good looks like

Licensed scaffolder named on the project documents. Handover certificate with duty rating and design load received by the builder before access. Scaffold inspection log with entries every 30 days signed by a competent person. No modifications to the scaffold without the licensed scaffolder being called back. Sole boards on every standard. Ties retained until dismantling. Exclusion zones managed for loading and unloading.