Professional Documents
Culture Documents
June 2012
Learning Outcomes
The key learning outcomes of this course are: An understanding of the legislative framework for WHS An overview of the content and structure of the WHS Regulations An understanding of how Codes of Practice are used to support the implementation of the WHS legislation An understanding of the basic workplace requirements & management under the WHS Regulations
An employer
Is captured under the definition PCBU person conducting a business or undertaking Are also a PCBU with general duties of care Will be subject to qualifier reasonably practicable and will apply to all PCBUs and extend to all who are involved in the conduct of work Are captured under the definition of worker which is broadly define to include anyone who carries out work in any capacity, including volunteers
Employees
Duty of workers
Duty of others
Duty of Officers
Due diligence
Consultation
Broadened to include all workers affected and other PCBUs with shared responsibilities
OHS Representatives Replaced by health & safety representatives (HSR) with increased functions and powers HSR powers After completing approved training HSRs will be able to issue PINs and direct unsafe work to cease
Management of Risk Risk assessments are not mandated in the Act but are mandated in the Regulation for certain high risk work
Penalty Options Graduated enforcement options to include injunctions, remedial action and enforceable undertakings Criminal prosecution under this Act Maximum penalty for a corporation of $3 million and for an individual $300,000 & up to 5 years imprisonment for the most serious Class 1 breaches
Penalties
ELIMINATE RISKS (so far as is reasonably practicable) STOP USING OR CHANGE THE PRODUCT, PROCESS, PLANT OR SUBSTANCE STOP OR CHANGE THE ACTIVITY, PRACTICE OR PROCEDURE MINIMISE RISKS (so far as is reasonably practicable) SUBSTITUTE WITH SAFER ALTERNATIVE USE ENGINEERING CONTROLS REDESIGN TO REDUCE RISK ISOLATE PEOPLE FROM RISK
Legislative Framework
ACT
MINES GENERAL
Spray Painting
Designed to be used in conjunction with the WHS Act and Regulations but do not have the same legal implications
WHS Act and Regulations may be complied with by following another method if it provides an equivalent or higher standard
An inspector may refer to an approved Code of Practice when issuing an improvement or prohibition notice
Codes of Practice
SOME PRIORITY CODES RELEVANT TO OUR INDUSTRY
How to manage work health safety risks WHS Consultation, Cooperation & Coordination Managing work environment and facilities Managing noise and preventing hearing loss at work Hazardous manual tasks How to prevent falls at workplaces Preparation of safety data sheets for hazardous chemicals
Second Stage Codes of Practice and Guidance Material relevant to our industry
First Aid in the Workplace Managing Risks in Construction Work
Where NSW has a Code of Practice on issues that are not specifically regulated, these Codes will become guidance material and must be considered when deciding what is reasonably practicable
Managing Risks
Risks must be identified and controlled
Always aim to eliminate risks, and if not reasonably practicable then minimise risks as far as reasonably practical using the hierarchy of control Risk assessment are not mandatory but must be outcome focused Regularly maintain and review risk control measures
Managing Risks
Further guidance about managing risk can be found in the Code of Practice How to manage work health safety risks
Issue Resolution
Procedure must take into account:
the degree and immediacy of risk to workers or other persons involved in the issue;
the number and location of workers and other persons affected by the issue;
the measures (both temporary and permanent) that must be implemented to resolve the issue;
Working Environment
Workplace layout allows persons to move around and access and exit without risk Work space is adequate for the task Floors and other surfaces are suitable
Lighting and ventilation is suitable Work in temperature extremes is without risk Work near essential services does not create risks
PPE
First Aid
First Aid arrangements must take into account The nature of the work The hazards in the workplace The size, location and nature of the workplace The number and composition of workers (and others)
Must provide a system of work that includes effective communication with the worker
Must manage risks to the health and safety of a worker associated with remote or isolated work
Falling Objects
Must manage risks of falling objects if reasonably likely to injure a person If not possible to eliminate risk then minimise risks to health and safety by: Preventing free fall of objects Arresting free fall of object (e.g. barriers, safe means of lowering objects)
Emergency Plans
The WHS Regulation specifies the requirement for Emergency Plans They must include procedures for rapid response, evacuation, notification, medical assistance and communication Must inform workers of procedures
Electrical Safety:
Equipment and Installations
PCBU must Ensure unsafe electrical equipment disconnected and repaired or replaced Inspect and test equipment Keep records of testing until next tested or permanently removed
Electrical Safety:
Energised Electrical Equipment
Work on energised electrical equipment is prohibited except in certain circumstances Must determine whether equipment is energised De-energised equipment must not be inadvertently reenergised
Hazardous Chemicals
Correctly label hazardous chemicals used in the workplace Obtain and provide access to Safety Data Sheets (SDS) for workers Maintain a register of hazardous chemicals used at the workplace Display safety signs Provide information, training and supervision to workers Identify risks of physical or chemical reaction Keep chemicals isolated and stable Eliminate or minimise ignition sources
If guarding is used to control risks a hierarchy from fixed or interlocked to presence guards is followed
Ensure that plant not in use does not create a risk to the health or safety of any person Ensure that the maintenance, repair, inspection and, if necessary, testing of the plant is carried out by a competent person and in accordance with manufacturer specifications
Learning Outcomes
The key learning outcomes of this module are: An understanding of the high risk hazards, including licensing arrangements for high risk work covered in the WHS Regulations An understanding of the changes from the current NSW OHS Regulations
high risk work means any work within the scope of a high risk work licence
high risk work licence means any of the licences listed in Schedule 3
Is carried out in an area at a workplace in which there is any movement of powered mobile plant,
Is carried out on or near energised electrical installations or Services
Safe systems and methods of work must be established for any worker carrying out work on, in or adjacent to a road, railway or other traffic corridor that is in use by traffic other than pedestrians
Electrical Safety
Overhead Electrical Lines
Ensure that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line
Falls
Manage the risk of a fall by a person from one level to another by: Ensuring so far as is reasonably practicable that any work that involves the risk of a fall is carried out on the ground or on a solid construction Providing safe access to and exit from the workplace or any area within the workplace with the risk of a fall If not reasonably practicable to eliminate the risk of falling then minimise the risk by providing adequate protection such as (in order): Providing a fall prevention device or Providing a work positioning system or Providing a fall arrest system
Mobile Plant
Ensure that works involving mobile plant are Conducted by competent persons following safe systems of works
Able to be done at a safe distance and separation from any persons in the vicinity
Direct Supervision Direct supervision of person carrying out work, unless to do so is impracticable or unnecessary and reduced supervision does not cause risk to any person
Evidence of Licence Written evidence that the worker has the relevant high risk work licence Written evidence that the supervisor holds relevant license Must keep records for 1 yr
maintenance, refurbishment,
demolition, decommissioning or dismantling of a structure
A construction project is a project that involves construction work where the cost of the construction work is $250 000 or more
Questions