Non-Legislative Controls

Codes of Practice are industry-specific guidelines developed to help businesses comply with legal requirements. For example, there are multiple CoPs that provide guidance on how to comply with the Health and Safety at Work Act.

An ACoP is an Approved Code of Practice. This means the code has been created by recognised authorities such as governmental agencies or industry bodies.

Asbestos ACoP

WorkSafe has produced an ACoP on how to deal safely with asbestos. It provides guidance on how to meet the requirements of the Health and Safety at Work (Asbestos) Regulations 2016.

Other Codes of Practice

The following are some of the other Codes of Practice that may impact the construction industry:

• Code of Practice for Weathertight Concrete and Concrete Masonry Construction, produced by Concrete New Zealand.
• Approved code of practice for load-lifting rigging, produced by WorkSafe
• New Zealand Metal Roof and Wall Cladding Code of Practice, produced by New Zealand Metal Roofing Manufacturers Inc.
• Code of Practice for Internal Wet-area Membrane Systems, produced by the Waterproofing Membrane Association Incorporated.
• Seismic Restraint of Internal Partitions & Walls, produced by the Association of Wall & Ceiling Industries New Zealand.

Standards New Zealand

Standards New Zealand develops standards across various industries and sectors in New Zealand. Many standards are produced in partnership with Standards Australia and apply to both countries.

• Standards that apply to both New Zealand and Australia have the prefix AS/NZS.
• Standards that apply to New Zealand only have the prefix NZS.

Standards are developed in conjunction with industry stakeholders or adopted from international guidelines. Standards in the construction industry provide practical information and guidelines to define or set out the specifications, methods, and procedures to be used.

Some standards can be downloaded for free from the Standards New Zealand website. Others require a fee to download. Many of the construction standards have been sponsored by MBEI meaning individual versions can be downloaded for free.

Standard Examples

NZS 3604:2001 - Timber-framed buildings: provides guidelines for the design and construction of timber-framed buildings that comply with the Building Code. It covers aspects such as structural requirements, materials, and construction practices and is used by architects, engineers and builders.

This standard is currently available for free download from this link NZS 3604:2001.

NZS 4218: 2009 Thermal insulation - Housing and small buildings: specifies the minimum insulation requirements needed for energy-efficient buildings. It is used by builders and by homeowners performing their own renovations

This standard is currently available for free download from this link NZS 4218:2009.

NZS 3602:2003 - Timber and wood-based products for use in building: specifies the requirements for timber and wood-based products used in building. It provides guidance on the selection and treatment of these products. It also provides information on the design and construction of buildings made using these products.  

This standard is currently available for free download from this link NZS 3602:2003.

NZS 3101.1&2:2006 – Concrete structures standard: provides guidelines for the design and construction of reinforced and pre-stressed concrete structures.

This standard is currently available for free download from this link NZS 3101.1&2:2006.

NZS 4512:2001 - Fire detection and alarm systems in buildings: specifies the requirements for the design manufacture, installation and maintenance of fire detection and alarm systems in buildings.

This standard is currently available for free download NZS 4512:2021.

AS/NZS 3000:2018 Electrical installations (known as the Australian/New Zealand Wiring Rules): provides guidance on the selection of installation of electrical wiring and equipment. Although aimed primarily at electricians, it may be of interest to construction managers. This standard requires a fee for download.

AS/NZS 3500:2021 Plumbing and drainage: a series of five standards covering various aspects of plumbing and drainage work.

• 3500.1 covers the connection of water services.
• 3500.2 covers sanitary plumbing and drainage.
• 3500.3 covers stormwater drainage.
• 3500.4 covers heated water service.
• 3500.5 covers the installation of plumbing and drainage into houses.

These standards require a fee for download.

AS/NZS ISO 45001:2018 - Occupational health and safety management systems - Requirements with guidance for use: provides guidance for the creation and use of a health and safety management system. This is aimed at all industries with the aim of improving safety in workplace. These standards require a fee for download.

The Legal Standing of Standards   

A standard is not a legal requirement. Rather it provides guidelines to meet industry best practices. However, legislation will sometimes make compliance with a standard compulsory. When you search the New Zealand Standards website, standards that are cited in an Act or regulation will have the citations listed.

For example, Standard NZS 3604:2001 is cited in a range of the Building Code clauses.

Activity

1. Click on the link to open the NZS 3604:2011 web page.
2. Scroll down the page and click on the Citations heading.
3. View the range of documents that cite this standard.

These documents focus on specific situations and products. There are no legal requirements to comply with Good Practice Guidelines or fact sheets. They simply provide advice.

Good Practice Guidelines (GPGs)

GPGs provide practical advice to support compliance with legal requirements. As the word ‘practice’ suggests, they focus on how activities should be performed.

GPGs are not considered as authoritative as ACoPs. Rather, they describe best practices that industries can use to improve performance.

Fact Sheets

WorkSafe has produced a series of fact sheets that are applicable to the construction industry. Fact sheets contain practical information on how to perform certain tasks or use certain equipment safely. They tend to be concise and easy to read and are useful for anyone working on a construction site.

The following are some examples of fact sheets. Click on the link to view each fact sheet.

• Fixed hand-held grinders
• Circular saw benches
• Jig saws  
• Mitre saws  
• Ergonomics of machine guarding  
• Noise in construction
• Safe working with ladders and step ladders

What are Safety Data Sheets?

Safety Data Sheets (SDS), sometimes referred to as Material Safety Data Sheets (MSDS), provide detailed information about potentially hazardous materials. Unlike fact sheets, which refer to a generic equipment type, SDSs relate to a specific, named product.

Construction workers are likely to encounter a range of products that have the potential to be dangerous if stored or used incorrectly. Construction site managers and workers must be familiar with the SDS for the materials they use, to ensure they keep themselves and the surrounding environment safe.

SDS and Legislation

The Health and Safety at Work (Hazardous Substances) Regulations 2017 mandate the use of SDSs. A PCBU is required to obtain the current SDSs for any hazardous materials on site. This must be made available to all workers on site. It must also be readily available to any emergency service workers who access the site.

Information in an SDS

The information contained in the material sheet will depend on the material and its properties but may include the following.

• Product name and identification details.
• Contact information for the manufacturer.
• Hazard classification.
• Composition of the product,  including any hazardous components.
• Measures to take if the material is accidentally used in a dangerous way, e.g. first aid measures, firefighting or accidental release measures.
• How to store and handle the product safely.
• PPE requirements when using the product.
• Toxicological information (potential impact on the body).
• Potential environmental impact if used or released incorrectly.
• How to transport the product safely.
• How to dispose of the product safely.
• Regulatory information related to the product.

Activity

Holcim New Zealand produces cement and associated products. They produce SDSs to accompany some of their products. Click on the link to view a data sheet on DURACEM.

Locate the following information:

• Manufacturer contact details.
• Composition information.
• First aid measures if the product is inhaled, swallowed or comes into contact with skin or eyes.
• Details of firefighting and accidental release measures.
• Handling and storage information.
• PPE requirements.
• Toxicological information.
• Ecological information.
• Disposal considerations.

Summary

This topic covered non-legislative controls. Make sure you can write a one-sentence description of each of the following:

• Codes of Practice
• Standards
• Good Practice Guides
• Fact Sheets
• Safety Data Sheets.

Remember that adherence to most non-legislative tools is voluntary unless they have been incorporated into legislation. However, a diligent construction manager will adhere to any recommendations that will improve quality and safety in a construction project.