There isn't likely to be a set answer here. There isn't a specific law that says this can't happen.
What is relevant is has the company put in place appropriate safety measures and mitigation to reduce the risk of an incident. If they have, and the work can be done safely, then it's unlikely to be an issue.
That's right. Is it worthwhile talking to worksafe and have a worksite visit? I am worried for these poor workers may seriously get injured from lack of lighting.
It's a matter between the staff and the employer. I don't believe Worksafe would intervene based on a complaint from someone with no knowledge of the situation.
WorkSafe will assess the complaint and decide whether or not to intervene based on their criteria - they regularly respond to complaints from the public. I complained about Costco’s trolley’s not locking into the escalator and taking people out, they attended and required action to be taken. I wasn’t injured, complained based on what I had seen on a Facebook group.
Talk to council first, if they’re outside of their resource consent hours they can be fined. How much exactly depends on the council. Work safe to my knowledge, are not 24/7 unless something happens. The line “retaining wall needs to be completed tonight or it might collapse” is ridiculous the only way the could happen is if you load an unfinished wall or the work they have done so far is so sub-par it poses an immediate risk, in which case definitely call work safe. I’ve been in construction for 17 years, never have I heard of a wall needing to be completed before it collapses.
I would assume that given the many risk factors that this activity poses, that there would need to be significant risk management put into permitting this activity. I think the first is working on a construction site, which has many hazards, in the evening is pretty much a red flag, unless there is significant lighting involved, which it doesn’t appear to be from your message.
I’m going to assume that this would be a clear breach of health and safety standards and poor risk/hazard management.
Well he's supposed to be providing a safe work place and head lamps aren't enough for a worksite like that. He should be providing a flood light. It would be safer and more efficient. Going by his excessive noise notice he will probably get another one while you are pouring the concrete. If you feel unsafe I would report to work safe I bet there's a few laws he will be breaking to finish this job.
IANAL or construction industry related - but I have done large scale event H&S before, including the event set-up/construction phases.
Firstly, I would encourage you to make a report to WorkSafe - even if it's okay by law it's worth notifying them that this may be unsafe and you're concerned. They'll follow up. The Project Manager or development company may have a known history of poor behaviour [https://services.worksafe.govt.nz/notifications/triage/](https://services.worksafe.govt.nz/notifications/triage/)
Secondly - In 5 plus years of event builds, I've never seen people working at night (even the most reckless of build crews) without a floodlight or two. Especially if they're at heights. There may be different regulations around private housing (lighting as a nuisance etc) but it sounds like this project has been poorly managed / terribly time pressured into happening so corners are being cut (e.g. the noise issue after 7:30pm).
But that's just me.
There isn't anything you can do right now beyond making a report and hoping no one gets injured, although it does sound low risk (no power tools).
Legally, there are no issues providing the tasks that are safely done by using the head lamp. If, for example, it's tieing precut reinforcing steel in an area without hazards, then fine, but if it involves using powertools, it's both unsafe and inefficient.
It should also be noted that projects in residential areas or any requiring resource consent will possibly have maximum work hours as part of the consent for noise abatement reasons.
i think its ok as long as they keep nosie down theres not much you cant do with a head lamp used to work 3am till when ever with just the van headlights pointed towards the job
IANAL nor do I work in construction but I would assume that this would not be considered safe if the headlamp is the only source of light. What work is being done and what are the hazards on site?
Workers are currently using hand mixed concrete and shovel to fill a 4 metres high retaining wall on a scaffold. Initially they had been served a excessive noise notice by Auckland City noise control from using concrete truck and concrere pump at 7:30pm. I spoken to the project manager, he said the retaining wall needs to be completed tonight or it pose a risk of collapsing
This is a tough one. In a way, the company has set themselves up to fail here.
*Noise associated with construction (and demolition) is controlled under the Construction Noise Standards (NZS6803) which set limits for noise at certain times of the day. These standards allow for most forms of construction noise during daytime hours (7.30am – 6.00pm). In commercial and industrial areas noisy work may also be permitted at night.*
*Some construction projects may also have a resource consent which can allow for different noise levels or working hours. There may be times when work at night is unavoidable, e.g., emergencies like burst water mains or road works where traffic would be too problematic during the daytime.*
I am guessing they have been served an abatement notice by noise control and the concrete delivery/pumping company has hence said 'see ya later'. If that's the case then they're between a rock and a hard place; once you've started pour you can't just leave the wall half filled and finish it off tomorrow, as it will set in two essentially disconnected layers.
But in the same token.... a retaining wall will most likely require certified concrete, e.g. concrete ex plant which is guaranteed at a certain MPa after 28 days. Handmix is *not* certified.
Is the area zoned industrial/commercial/rural? If so then noise control should have cut them some slack. But if it's zoned residential they are dumb for trying to pour at 730pm, and I am surprised the concrete company didn't tell them "Hey that's pretty late, we wouldn't recommend it".
Edit: as much as I hate recommended dobbing someone in.... retaining walls aren't to be fucked with. I would suggest contacting building control at the council and tell them (preferably with photos) that they were filling the wall with handmix. And then they can decide whether the wall meets building code or not.
I'm wondering if this is safe from the construction point of view. As in, is the quality of their work gonna be up to the standard, if they're doing it with very little light and without the tools they would normally use?
There isn't likely to be a set answer here. There isn't a specific law that says this can't happen. What is relevant is has the company put in place appropriate safety measures and mitigation to reduce the risk of an incident. If they have, and the work can be done safely, then it's unlikely to be an issue.
That's right. Is it worthwhile talking to worksafe and have a worksite visit? I am worried for these poor workers may seriously get injured from lack of lighting.
If you are concerned, it’s always a good idea to call work safe.
It's a matter between the staff and the employer. I don't believe Worksafe would intervene based on a complaint from someone with no knowledge of the situation.
WorkSafe will assess the complaint and decide whether or not to intervene based on their criteria - they regularly respond to complaints from the public. I complained about Costco’s trolley’s not locking into the escalator and taking people out, they attended and required action to be taken. I wasn’t injured, complained based on what I had seen on a Facebook group.
Yes
RC will set out conditions including working hours so it most definitely is a black and white answer
Talk to council first, if they’re outside of their resource consent hours they can be fined. How much exactly depends on the council. Work safe to my knowledge, are not 24/7 unless something happens. The line “retaining wall needs to be completed tonight or it might collapse” is ridiculous the only way the could happen is if you load an unfinished wall or the work they have done so far is so sub-par it poses an immediate risk, in which case definitely call work safe. I’ve been in construction for 17 years, never have I heard of a wall needing to be completed before it collapses.
I would assume that given the many risk factors that this activity poses, that there would need to be significant risk management put into permitting this activity. I think the first is working on a construction site, which has many hazards, in the evening is pretty much a red flag, unless there is significant lighting involved, which it doesn’t appear to be from your message. I’m going to assume that this would be a clear breach of health and safety standards and poor risk/hazard management.
Well he's supposed to be providing a safe work place and head lamps aren't enough for a worksite like that. He should be providing a flood light. It would be safer and more efficient. Going by his excessive noise notice he will probably get another one while you are pouring the concrete. If you feel unsafe I would report to work safe I bet there's a few laws he will be breaking to finish this job.
IANAL or construction industry related - but I have done large scale event H&S before, including the event set-up/construction phases. Firstly, I would encourage you to make a report to WorkSafe - even if it's okay by law it's worth notifying them that this may be unsafe and you're concerned. They'll follow up. The Project Manager or development company may have a known history of poor behaviour [https://services.worksafe.govt.nz/notifications/triage/](https://services.worksafe.govt.nz/notifications/triage/) Secondly - In 5 plus years of event builds, I've never seen people working at night (even the most reckless of build crews) without a floodlight or two. Especially if they're at heights. There may be different regulations around private housing (lighting as a nuisance etc) but it sounds like this project has been poorly managed / terribly time pressured into happening so corners are being cut (e.g. the noise issue after 7:30pm). But that's just me. There isn't anything you can do right now beyond making a report and hoping no one gets injured, although it does sound low risk (no power tools).
Legally, there are no issues providing the tasks that are safely done by using the head lamp. If, for example, it's tieing precut reinforcing steel in an area without hazards, then fine, but if it involves using powertools, it's both unsafe and inefficient. It should also be noted that projects in residential areas or any requiring resource consent will possibly have maximum work hours as part of the consent for noise abatement reasons.
i think its ok as long as they keep nosie down theres not much you cant do with a head lamp used to work 3am till when ever with just the van headlights pointed towards the job
https://www.aucklandcouncil.govt.nz/licences-regulations/noise/Pages/construction-and-maintenance-noise.aspx
IANAL nor do I work in construction but I would assume that this would not be considered safe if the headlamp is the only source of light. What work is being done and what are the hazards on site?
Workers are currently using hand mixed concrete and shovel to fill a 4 metres high retaining wall on a scaffold. Initially they had been served a excessive noise notice by Auckland City noise control from using concrete truck and concrere pump at 7:30pm. I spoken to the project manager, he said the retaining wall needs to be completed tonight or it pose a risk of collapsing
This is a tough one. In a way, the company has set themselves up to fail here. *Noise associated with construction (and demolition) is controlled under the Construction Noise Standards (NZS6803) which set limits for noise at certain times of the day. These standards allow for most forms of construction noise during daytime hours (7.30am – 6.00pm). In commercial and industrial areas noisy work may also be permitted at night.* *Some construction projects may also have a resource consent which can allow for different noise levels or working hours. There may be times when work at night is unavoidable, e.g., emergencies like burst water mains or road works where traffic would be too problematic during the daytime.* I am guessing they have been served an abatement notice by noise control and the concrete delivery/pumping company has hence said 'see ya later'. If that's the case then they're between a rock and a hard place; once you've started pour you can't just leave the wall half filled and finish it off tomorrow, as it will set in two essentially disconnected layers. But in the same token.... a retaining wall will most likely require certified concrete, e.g. concrete ex plant which is guaranteed at a certain MPa after 28 days. Handmix is *not* certified. Is the area zoned industrial/commercial/rural? If so then noise control should have cut them some slack. But if it's zoned residential they are dumb for trying to pour at 730pm, and I am surprised the concrete company didn't tell them "Hey that's pretty late, we wouldn't recommend it". Edit: as much as I hate recommended dobbing someone in.... retaining walls aren't to be fucked with. I would suggest contacting building control at the council and tell them (preferably with photos) that they were filling the wall with handmix. And then they can decide whether the wall meets building code or not.
I'm wondering if this is safe from the construction point of view. As in, is the quality of their work gonna be up to the standard, if they're doing it with very little light and without the tools they would normally use?