Transcript WHS Info Session

Work Health and Safety
(National Uniform
Legislation) Act and
Regulations
NT WorkSafe
Anna McGill
Legislative Framework
• Work Health and Safety (National Uniform Legislation)
Act (WHS (NUL) Act)
• Work Health and Safety (National Uniform Legislation)
Regulations
• Approved Codes of Practice
– Managing Health and Safety Risks
– Work Environment and Facilities
Key provisions of the WHS Act
• duties of care are not defined by the nature of
employment relationship – Person Conducting Business
or Undertaking (PCBU)
• protects all types of ‘workers’
• positive duties for officers to exercise ‘due diligence’
• duty to consult with workers and other duty holders
• protection against discrimination and coercion
• unions have a right to enter workplaces
• significant increase in penalties
Duties of Care
Section 18 - Reasonably Practicable
• Standard of your Work Health and Safety duty
• In this context, reasonably practicable means that which
is, or was at a particular time, reasonably able to be
done to ensure health and safety, taking into account
and weighing up all relevant matters.
Reasonably Practicable – relevant
matters for consideration
• the likelihood of the hazard or the risk concerned occurring
• the degree of harm that might result from the hazard or the
risk
• what the person concerned knows, or ought reasonably to
know, about the hazard or risk, and ways of eliminating or
minimising the risk
• the availability and suitability of ways to eliminate or minimise
the risk, and
• after assessing the above, consider the cost associated with
available ways of eliminating or minimising the risk, including
whether the cost is grossly disproportionate to the risk.
PCBU Primary Duty of Care
Further Duties of PCBUs
• PCBU involving the management or control of a
workplace
• PCBU involving management or control of fixtures,
fittings or plant
• PCBU that designs /manufactures / imports or supplies
plant, substances or structures
• PCBU that install, construct or commissions plant or
structures.
Duty of Officers
Consultation Obligations
• PCBU must, so far as reasonably practicable:
– consult with workers, and
– consult, co-operate with and co-ordinate activities with other
persons who have a duty in relation to the same matter.
• Health and Safety Representatives (HSRs) for work groups:
– must be established on request from a worker, and
– can direct unsafe work to cease and issue provisional
improvement notices, but only if trained.
• Health and Safety Committees:
– must be established within two months where requested by
HSR, or five or more workers.
Role of Unions
• Work health and safety entry permit holder can enter to
inquire into suspected breaches, as well as to consult
and advise workers, subject to permit and member
eligibility requirements, protections and accountability.
• Aligned with requirements in the Fair Work Act 2009.
• No notice for suspected breach.
• 24 hours notice to consult, advise or obtain documents.
Transitional Arrangements
• Extensive Transitional Arrangements have been
developed.
– Provides PCBU with time to assess compliance and
implement control measures where necessary to
comply with the new and significantly changed
obligations
– Detailed information on NT WorkSafe website
WHS Regulations
• Chapter 1 – Preliminary Matters
– Definitions generally
– Definition of Supply
– How the Regulations can be linked to the Act
WHS Regulations – Chapter 2
Representation and Participation
• Process for
– Establishing work groups
– Electing HSR
– Electing HSC
• Default process for issue resolution
• Entry Permit holders notice etc.
Chapter 3 - General Risk and
Workplace Management
• How to manage Health and Safety Risks
– Specific requirements must be complied with;
– Risk Management Process
• Provisions relating to general workplace management
– Information and training for staff
– First aid, PPE, etc.
Chapter 3 - 12 Month Transitional
Arrangements
• Reg 42 – Duty to provide adequate numbers of first aid
officers
• Reg 43 – Duty to prepare, maintain and implement
emergency plans
• Reg 48 – Management of Risk of remote or isolated
workers
• Reg 53 – Flammable and combustible material not to be
accumulated
• Reg 54/55 – Managing Risks of Falling Objects
Chapter 4 Hazardous Works
• General and Specific risk management requirements in
relation to:
– Noise
– Confined space
– Hazardous manual tasks
– Electrical safety
• High Risk Work Licences
Chapter 5 – Plant and Structures
• General and specific control measures for plant
• 5 year registration process for items of plant
• Required to maintain, test and inspect plant in
accordance with manufactures instructions
• Competent person required to inspect plant for
registration and renewal purposes
• Major inspection of cranes – who is competent
Chapter 6 Construction Work
• Principal Contractor duties triggered when construction
work is $250,000 or more
• Work Health Safety Management Plan required
• Safe Work Method Statements required for high risk
construction work
Chapter 7 Hazardous Chemicals
• The use, storage and handling of dangerous goods are
now regulated by the WHS (NUL) Act
• No longer a licensing regime established by the
Dangerous Goods Act
• Notification requirements based on threshold quantities
at workplace
• Globally Harmonised System (GHS) will become the
system of classification and labelling of Chemicals – 5
year transition applies
Chapter 8 Asbestos
• PCBU with management or control of a workplace will
need to establish:
– Asbestos Register identifying location of asbestos by
competent person
– Asbestos management plan
• Changes to asbestos removal licensing regime
• Transitional arrangements exist
Codes of Practice
• Work Health and Safety Consultation, Co-operation and
Co-ordination
• How to Manage Work Health and Safety Risks
• Managing the Work Environment and Facilities
• First Aid in the Workplace
• Hazardous Manual Tasks
• How to Manage and Control Asbestos in the Workplace
• How to Safely Remove Asbestos
• Managing Noise and Preventing Hearing Loss at Work
Codes of Practice
• Labelling of Workplace Hazardous Chemicals
• Preparation of Safety Data Sheets for Hazardous
Chemicals
• Confined Spaces
• Construction Work
• Preventing Falls in Housing Construction
• Prevention of Falls in General Construction
Further Information
Website
www.worksafe.nt.gov.au
safeworkaustralia.gov.au