NSW Work Health Safety Act 2012 - TAFE NSW

NSW Work Health Safety Act 2012 - TAFE NSW

Work Health and Safety WORK HEALTH & SAFETY Prior to harmonising work health and safety legislation, there were nine different work health and safety laws across Australia. (All States and Territories have committed to working towards uniform safety standards across Australia). The process to review and harmonise work health and safety laws commenced in July 2008 when the Council of Australia Governments signed an intergovernmental agreement for Regulatory and Operational Reform in December 2009. The Workplace Relations Ministers Council endorsed the Model Work Health and Safety (WHS) Acts submitted by Safe Work Australia. Each State and Territory was required to pass their own laws that mirror the new WHS laws. Work Health and Safety information slides - Dena Chambers 2

Work Health Safety HARMONISED WORK HEALTH AND SAFETY LAWS Greater clarity and simplicity for all parties Reduced costs for national businesses Lower compliance costs Economies of scale Certainty and better understanding of OHS laws Nationally consistent safety standards, rights and obligations Reduced government expenditure in developing and administering work health and safety laws (WHS). Work Health and Safety information slides - Dena Chambers 3 Work Health Safety

BENEFITS OF HARMONISATION LEGISLATIVE FRAMEWORK REGULATI ON C o de s of Austra lia n Indus t Guida nc e ry Practice d Standar s rd Standa s s N ot e

Work Health and Safety information slides - Dena Chambers ACT The new Work Health and Safety Act 2011 (the WHS Act) was passed by NSW Parliament in June 2011 and commenced on 1 January 2012. Previous Occupational Health and Safety Act 2000 (NSW) was repealed, The Occupational Health an Safety Regulation 2001 (NSW) was also repealed. There is a new Work Health and Safety Regulation in NSW to complement the WHS Act, the Work Health and Safety Regulation 2011 (WHS Regulation). Work Health and Safety information slides - Dena Chambers 5 Work Health Safety

WORK HEALTH AND SAFETY ACT 2011 (NSW) WHS LAWS WHS Act is the primary legislation. The WHS Regulation is the subordinate legislation that provides practical details and rules made under the Act. If no WHS Regulation or Code of Practice exists about a specific risk, the person conducting a business or undertaking (PCBU) must choose an appropriate way to manage exposure to the risk, by taking reasonable precautions and exercise due care. To do this, a risk assessment must be carried out. Codes of Practice are practical guides to achieve standards required under the work health and safety Act and the Regulations. Work Health and Safety information slides - Dena Chambers 6 Work Health Safety The Standards are national documents produced by advisory and Regulatory bodies, which may be adopted by each State or Territory, and incorporated into the WHS law.

Standards provide advice on how best to ensure the safety of products, activities or methods in the workplace. Guidance notes provide detailed information regarding potential hazards in the workplace and explain the requirements outlined in the WHS Act, Codes of Practice and Standards. Guidance notes may be issued by States, Territories, or nationally by advisory or regulatory bodies. Work Health and Safety information slides - Dena Chambers 7 Work Health Safety STANDARDS AND GUIDANCE NOTES The term employer is broadly defined in the WHS Act. The new term is person

conducting a business or undertaking(PCBU) Employee is also broadly defined and replaced by the term worker, that is, someone who carries out work for a PCBU in any capacity. PCBUs must consult more directly and widely with both workers and other PCBUs on related work activities, such as contractors sub-contractors and others. Work Health and Safety information slides - Dena Chambers 8 Work Health Safety NEW TERMS OF THE WHS ACT A PCBU is a person or duty holder such as a company or partnership that operates a business. Go to the Work Cover website and research the details of a PCBU. (further meaning -see section 5 Sub-division 2 of the WHS Act NSW) Questions:

What are the examples given for individual PCBUs and for company PCBUs? (Consult Work Cover NSW) What is the meaning of an Officer? (see section 27 duties of officers of the WHS Act NSW) Please note: PCBUs are not persons employed solely as workers or volunteer associations who do not employ anyone. Work Health and Safety information slides - Dena Chambers 9 Work Health Safety WHO IS A PCBU PERSONS WITH DUTIES UNDER THE WHS ACT PCBUs have a primary duty of care to ensure, so far as is reasonable practicable the safety of workers and other persons; (such as; workers engaged directy or indirectly by the PCBU; workers whose activities are influenced or directed by them; and other persons present where work activities are being conducted).

Reasonably practicable means taking into account all relevant matters including; likelihood of the hazard or the risk concerned occurring o degree of harm that might result from the hazard or the risk o what the person concerned knows, or ought reasonably to know about the hazard or the risk and ways of eliminating or minimising the risk o the availability and suitability of ways to eliminate or minimise the risk o When the PCBU considers all the above they then consider the costs associated with available ways of eliminating or minimising the risk, including whether the cost is disproportionate to the risk. Work Health and Safety information slides - Dena Chambers 10 Work Health Safety DUTIES OF PCBUs Management or control of workplaces, including the means of entering and exiting the workplace (see section 20 of the WHS Act NSW)

Management or control of fixtures, fittings or plant (see section 21 of same Act) PCBUs have a primary duty to eliminate or minimise risks to WHS over the matters they control in relation to workplaces, fixtures, fittings or plant. Work Health and Safety information slides - Dena Chambers continued 11 Work Health Safety PCBUs involved in; DUTY OF CARE for PCBUs? Continued The primary duty of care is to meet their obligations within the WHS Act;(their duty is not transferable to anyone else)

maintaining safe work systems provide a safe work environment the safe use of plant, structures and substances provide facilities and amenities for welfare of workers are adequate ensure recording and notification of workplace incidents provide adequate information, training, instruction and supervision is given to enable workers compliance with the requirements under the WHS Regulation; ensure effective systems are in place for monitoring the WHS of workers so that they perform their tasks safely workers accommodation when provided must be adequate (new law) Work Health and Safety information slides - Dena Chambers Continued 12 Work Health Safety PCBUs must manage risks and ensure they are eliminated or

minimised, so far as is reasonably practicable, by: Continued PCBUs also have a primary duty of care to ensure a safe workplace where they are involved in: o The design Manufacture Import Supply Installation, commission or construction o o o o (See section 24 of the WHS Act) of plant, substance or structure (section 24, 2 (a) of the WHS Act. Also includes assembly, use, handling, storage, disposal, Section 24

(e) (i) (ii) and (iii) Work Health and Safety information slides - Dena Chambers 13 Work Health Safety PCBUs Duties DUTIES OF OFFICERS An officer is a senior executive who make or participates in making decisions that affect the whole, or a substantial part of the business or undertaking. Officers have a positive duty to be proactive and continuously ensure the business or undertaking complies with relevant duties and obligations (Comcare). o o o An officer within the meaning of Section 9 of the Corporations Act 2001 (Cth) An officer of the Commonwealth (the Commonwealth is a PCBU) An officer of a public authority such as WorkCover NSW . Elected members of local authorities are excluded from the definition of Officer, see section 252 of the WHS Act. The WHS Act states that an officer of the person conducting the business or

undertaking must exercise due diligence to ensure the PCBU complies with their duties and obligations. due diligence means taking reasonable steps see next slide on how this should be done; For more information on who is an Officer view this website. (http://comcare.gov.au/__data/ assets/pdf_file/0007/97675/WHS-034_01528_Jan12_v1.pdf) Work Health and Safety information slides - Dena Chambers 14 Work Health Safety There are three kinds of Officers of a PCBU under the WHS Act. To take reasonable steps the PCBU must: o acquire and keep up to date knowledge of WHS issues gain an understanding of the business operations and generally the hazards and risks of those operations ensure the business has appropriate resources to eliminate or minimise risks to health and safety from work carried out as part of

the conduct of the business manage information about incidents, hazards and risks by ensuring the business has the appropriate processes to do so in a timely manner implement processes to comply with duties by,(reporting of notifiable incidents, consult with workers, train workers, ensure the health and safety representatives receive their entitlements in training) verify that resources and processes referred above have been provided and they are used. o o o o o (See Division 4 Duty of officers, sections 27 and 28 of the WHS Act NSW) Work Health and Safety information slides - Dena Chambers 15 Work Health Safety SAFETY DUTIES OF OFFICERS

HEALTH AND SAFETY DUTIES A person with a duty to ensure health and safety under the WHS Act is required to: Eliminate risks to health and safety so far as is reasonably practicable. If it is not reasonably practicable to eliminate risks then those risks must be minimised as far as reasonably practicable. Please note: The above terms are explained further in the slides below. WHS Act s17-18 Work Health and Safety information slides - Dena Chambers continued 16 Work Health Safety

Continued DUTY OF CARE for a PCBU PCBUs must manage risks and ensure they are eliminated or minimised, so far as is reasonably practicable, by: maintaining safe work systems provide a safe work environment ensuring the safe use of plant, structures and substances ensure facilities and amenities for welfare of workers are adequate ensure recording and notification of workplace incidents provide adequate information, training, instruction and supervision is given to enable workers compliance with the requirements under the WHS Regulation; ensure effective systems are in place for monitoring the WHS of workers so that they perform their tasks safely workers accommodation when provided must be adequate (this is a new requirement)

Please note: The WHS Regulations set out further specific obligations that PCBUs must comply with. Work Health and Safety information slides - Dena Chambers 17 Work Health Safety The primary duty of care is to meet their obligations within the within the WHS Act; (their duty is not transferrable) o Assess the likelihood of the hazard or risk using the method of hierarchy of control (see slide 22 for the Hierarchy of Control) o Investigate the degree of harm that will result if the hazard or risk occurs o Consult with the worker concerned about the hazard of risk o Evaluate different ways in eliminating or reducing the hazard or risk, and

o Balance the above factors with the cost of eliminating or reducing the hazard or risk. The duty to provide a safe workplace is a strict one for PCBUs. If a risk is foreseeable they must eliminate the risk or minimise as much as possible. Work Health and Safety information slides - Dena Chambers 18 Work Health Safety HOW TO DETERMINE WHAT IS REASONABLY PRACTICABLE TO ELIMINATE/ REDUCE RISKS MANAGEMENT OF RISKS The WHS Act requires that PCBUs are to manage risks through the process of Risk Management and Control Their obligation under the WHS Act is to; identify hazards, assess their potential to cause harm (this is known as risk assessment) and eliminate or control risks (the following standard applies -AS/NZS 4360)

to view this standard go to google and type in the number of the standard. http://infostore.saiglobal.com/store/details.aspx? productid=381579 Work Health and Safety information slides - Dena Chambers 19 Work Health Safety WHAT IS RISK MANAGEMENT? Risk management (RM) is defined as a system that allows flexibility and the ability to adapt to changing circumstances which is considered best practice approach to work health and safety. o 'Best practice means that a business or undertaking is integrated with all the functions and operations of an organisation to achieve the best possible WHS outcomes. A safety risk management system includes: Identifying the hazards, keeping records of accidents and injuries, using the Register of Injuries, conducting safety inspections periodically of the workplace, listing all plant and hazardous substances as well as consulting and training of HSRs, Committee members and workers to

carry out their tasks safely using WHS policies and procedures. Work Health and Safety information slides - Dena Chambers 20 ASSESSING AND CONTROLLING THE RISKS To assess the risks: This involves assessing how likely it is that a hazardous event will occur and what the consequences are likely to be. To control the risks: Controls should first try to eliminate the risk. If not possible, the risk should be minimised using substitution, modifications, isolation or engineering controls. Back-up controls such as personal protective equipment should be used as a last resort. (please view slide 24 for more information). Control measures should be reviewed to maintain their effectiveness and further refine the process. Work Health and Safety information slides - Dena Chambers 21 RISK ASSESSMENT This is the process of evaluating both the likelihood that a hazardous event will occur and the severity of injury, ill health or

damage to property that could be caused by the event. A risk assessment focuses on; o small segments of tasks or processes performed by a worker, the complete task, an overall assessment of health and safety in the workplace, o o When assessing hazards PCBUs must consider how likely it is that exposure to the hazard will affect workers health and safety including the consequences that could accrue in response to that exposure. Work Health and Safety information slides - Dena Chambers 22 Work Health Safety Risk assessment' is defined as - the process of estimating the magnitude of risk and deciding what actions should be taken to eliminate it. (definition of risk is on the next slide) CONTROL OF HAZARDS AND RISKS

Definition of risk; the likelihood and consequence of that injury or harm occurring. Control of hazards and risks; o Is the process of elimination and minimisation of risks. (explained in slide 21) Please view slide 35 on the steps of identifying hazards. o View: http://www.workcover.nsw.gov.au/formspublications/ publications/Documents/hierarchy_of_hazard_controls_205.pdf Work Health and Safety information slides - Dena Chambers 23 Work Health Safety THE HIERARCHY OF CONTROL 1. Elimination - is the permanent removal of the hazard from the workplace. For example, a cleaning process involving a flammable liquid may be replaced by a non-chemical process. 2.

Substitution - involves replacing a hazard with one that has a lower level of risk. For example, substituting a toxic chemical with a non-toxic one. 3. Engineering - controls such as the use of machine guards, isolation switches, ventilation, manual handling devices and barriers. 4. Administrative, or procedural controls to reduce or eliminate exposure to hazards by adherence to procedures or instructions. For example scheduled work breaks, job rotation, by following safe work procedures, 5. Personal protective equipment (PPE) using such things as ear muffs, safety glasses, gloves, footwear and sun screen (depending on the job and task) A combination of the above measures should be taken to minimise risk to the lowest level that it reasonably practicable if no single measure is sufficient for the purpose. Work Health and Safety information slides - Dena Chambers 24 Work Health Safety This is the process used in WHS risk management practice HIERARCHY OF CONTROL

DIAGRAM There are two aspects to consider when prioritising risks. - the likelihood of exposure, ie how many people are exposed, how often etc, and -potential consequences of exposure to the hazard, ie whether serious injury may result. Where exposure is more likely and the potential consequences more severe, highest priority is given for a quick resolution. Work Health and Safety information slides - Dena Chambers 25 Due diligence means that officers need to concentrate on managing the WHS risks of the business or undertaking and must be proactive in doing so. For more information go to Work Cover NSW website. http://www.workcover.nsw.gov.au/newlegislation2012/Dire ctorsandofficers/Pages/Duediligence.aspx Work Health and Safety information slides - Dena Chambers 26

Work Health Safety DUE DILIGENCE A person in control of a business or undertaking (PCBU), must consult, cooperate and coordinate with workers about any work health and safety matters that is likely to directly affect them by; exchange relevant information about WHS issues with workers; give workers an opportunity to raise WHS issues; give workers an opportunity to express their views and contribute to decisions about WHS issues; the PCBU taking into account the views of workers; advise workers in a timely manner of the outcome of any consultation; and

ensure health and safety representative, where appointed, is involved in the consultation process. Work Health and Safety information slides - Dena Chambers 27 Work Health Safety CONSULTATION FOR CONSULTATION AND DUE DILIGENCE For more information on Consultation please go to Work Cover's website: Scroll down and view the video on Due diligence means taking reasonable steps by PCBUs: (stated previously) o to gain and update knowledge of work health and safety o to understand the operations and the general hazards/risks o to provide appropriate resources to eliminate/minimise risks

o to manage information about incidents, hazards and risks o to implement processes to comply with WHS duties (e.g. reporting notifiable incidents, consultation, provision of training) o to verify that resources and processes have been provided, and their use. For what is a notifiable accident go to WorkCover - you must know. Work Health and Safety information slides - Dena Chambers 28 Work Health Safety consultation and take notes. HEALTH AND SAFETY REPRESENTATIVES (HSRs)

Section 50 of the WHS Act, states that a work group must be established by the PCBU when a worker, or workers, request that an HSR be elected. The work group is formed after consultation between the PCBU and the worker (or workers). An HSR is elected by members of a work group to represent them in WHS matters, see (sections 60 to 63 of the WHS Act), HSRs are elected every three years, they can serve two terms if reelected - see section 64 of the WHS Act. HSRs must attend a 5 day training by WorkCover, paid by PCBUs HSRs can request for a WHS committee to be established For their roles and functions of HSRs and information on WHS Committees please go to WorkCover NSW. Work Health and Safety information slides - Dena Chambers 29 Work Health Safety HSRs when elected must be trained. HSRs need to have knowledge and expertise of the workplace, and be motivated to improve health and safety standards in the workplace. DEFINITION OF A WORKER A worker is a person who carries out work in any capacity for a PCBU, including work as: An employee A contractor or subcontractor An employee of a contractor or subcontractor

An employee of a labour hire company assigned to work in the business or undertaking An outworker An apprentice or trainee A student on work experience A volunteer Work Health and Safety information slides - Dena Chambers 30 Work Health Safety under the WHS Act A worker must, while at work: take reasonable care for their own health and safety take reasonable care for the health and safety of others comply with any reasonable instruction by the PCBU cooperate with any reasonable policies and procedures of the PCBU. (See section 28 of the WHS Act) Work Health and Safety information slides - Dena Chambers 31

Work Health Safety DO WORKERS HAVE A DUTY OF CARE? WHS REGULATION WHS Regulation, is law and sets out the obligations of PCBUs, workers, insurers, designers, manufacturers, suppliers and others. Duties for PCBUs in relation to the management of specific hazards which may arise in their workplace. (section 12 of the WHS Regulation) PCBUs must have a risk management programme to identify, managing and control hazards, and effectively implement controls and improvements. Work Health and Safety information slides - Dena Chambers 32 Work Health Safety WHS Regulation expands on the requirements of the WHS Act by providing details on how the WHS is to be complied with. PCBUs have an obligation stated in the WHS Regulation simitar to the WHS Act to;

Maintain control measures in the elimination of risks Provide workers with information, training and instruction Provide workers with adequate and accessible facilities First aid Personal Protective Equipment (see section 46 of the WHS Act for the duties of workers on this) Ensure that exposure standards for hazardous substances are not exceeded Provide a safe work environment this refers to the physical environment surrounding workers at work, such as workspace to carry out their tasks, lighting, noise, temperature air quality, ergonomics, working relationships and exposure to hazardous materials. Work environments have an impact on workers safety and performance on the job. Work Health and Safety information slides - Dena Chambers 33 Work Health Safety WORK ENVIRONMENT 1. A hazard is any situation, substance, activity, event, or environment that could potentially cause injury or ill health A PCBU has an obligation to identify hazards in

their workplace and assess their potential to cause harm, as stated previously also known as a risk assessment . Work Health and Safety information slides - Dena Chambers 34 Work Health Safety WHAT IS A HAZARD? Common workplace hazards include: Work environment (e.g. uneven or slippery floor surfaces, high noise, very high or low temperature, poor ventilation); Machinery and equipment; Heat and fire Electricity Hazardous substances (chemical and fumes); Biological waste; Noise; Working at heights and over depth; Manual handling (pushing, carrying, lifting, and restraining or repetitive tasks); Confined spaces; Over-exertion and physical stress Psychological stress (e.g. conflict, bullying, harassment, work overload , lack of support) Work Health and Safety information slides - Dena Chambers

35 Work Health Safety COMMON WORKPLACE HAZARDS STEPS TO ELIMINATE HAZARDS IN THE WORKPLACE Identify all hazards associated with the systems of work Step 2. Assess the risks Assess the risks arising from the hazards Step 3 . Control the risks Decide on and use appropriate control Step 4 . Monitor and review Have the control measures eliminated

or reduced the risks? Have the control measures introduced any new hazards? Is the process working effectively to identify hazards and manage risks? Work Health and Safety Work information Health Safety slides Dena Chambers Step 1. Identify the hazards PENALTIES UNDER THE WHS ACT Failure to comply

with Health and Safety duty Category 1 Individual Individual conducting a PCBU or Officer of a PCBU $300,000 or 5 years imprisonment or both $600,000 or 5 years imprisonment or both. Body Corporate $3,000,000 Category 2 $ 150,000 $300,000 $1,500,000

Category 3 $50,000 $100,000 $500,000 WHS Act s30-34 Work Health and Safety information slides - Dena Chambers 37 Work Health Safety There a many penalties these are the main ones

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