Transcript Document

APPLICATION OF THE NEW WORK HEALTH AND
SAFETY LEGISLATION
NSW WHS Regulation 2011
Agenda
• Path to Harmonisation -recap on key changes
• Key Areas-WHS Regulation
–
–
–
–
–
–
Representation and participation
General risk and workplace management
Hazardous work
Plant and structures
Hazardous chemicals & Asbestos
Other key areas e.g. construction
• Reviewing your Safety System
Where are we now?
Safe Work
Australia
Model
Legislation
State by State
Commenced
1 Jan 2012
• Instrumental in development of model
legislation
• Public comment period was held
• WHS Act, WHS Regulation
• Priority Codes of Practice
• Five jurisdictions have implemented the new
laws
• Commonwealth, QLD, NSW, ACT, NT
• Tas to commence 1.1.2013
• Now in force
• Transitional periods for WHS Regulation
WHS Act - Refresher
Duty Holders - Recap
Employer
• Person conducting a business
or undertaking
• Includes corporations,
associations, self employed,
contractors, sub contractors,
partnerships, labour hire
businesses, franchisees.
Employee
• Worker includes employees,
contractors, apprentices,
outworkers, trainees, work
experience, volunteers
PCBU
Is the entity that
operates the business
or undertakingcorporate or natural
person
Worker
PCBUs are not persons employed solely as workers, nor volunteer
associations who do not employ anyone.
Duty Holders - Officers Responsibilities
Officers
Exercise Due
Diligence
Ensure PCBU
complies
This is a positive duty allocated to officers in their own right
An officer may be found guilty of an offence whether or not the PCBU has
been found guilty or convicted of an offence
What is Reasonably Practicable?
In WHS Legislation reasonably practicable in relation to a duty
to ensure health and safety, means:
“ that which is, or was at a particular time reasonably able to
be done in relation to ensuring health and safety taking into
account and weighing up all relevant matters”
Relevant matters include:
―The likelihood of the hazard or risk occurring
―Degree of harm that might result from the hazard or the risk
―What the person concerned knows or ought reasonably to know
―The availability and suitability of controls to eliminate or
minimise the risk
―Cost associated with eliminating or minimising the risk
Failing to meet Duties - Penalty
Structure
Category 1
Reckless
Conduct
• Corporations: $3m
• Individuals as a PCBU or Officers of a PCBU: $600k / 5
years jail
• Other Individuals : $300k / 5 years jail
Category 2
Breach
High Risk
• Corporations: $1.5m
• Individuals as a PCBU or Officers of a PCBU: $300k
• Other Individuals : $150k
Category 3
Duty Breach
• Corporations: $500k
• Individuals as a PCBU or Officers of a PCBU: $100k
• Other Individuals : $50k
WHS Regulation - Snapshot
Key changes - WHS Regulation
 HSRs may now request a review of a control measure.
 Risk management- focus is on the safety outcome rather
than the process; a written risk assessment may not be
required in all situations.
 Number and content of first aid kits or number of trained
first aid staff is not prescribed.
 New requirement to test the emergency plan in line with
the issues prescribed in the WHS Regulation
 New duty to ensure that the PPE used by others, (such as
visitors), is suitable and effective and that such persons use
the PPE
Key changes - WHS Regulation
 New requirement for audiometric testing for workers
who are frequently required to use hearing protection.
 Removal of licensing for some classes of equipment
 A new class of licence for reach stackers
 Definitions and terminology e.g. confined spaces, falls,
safety data sheets.
 Hazardous Chemicals now classified under the Globally
Harmonised Classification System (GHS)
Representation &
Participation
Consultation
Health and Safety • Represent a workgroup of workers
Representatives • Training not mandatory
Health and Safety
Committees
Other Agreed
Arrangements
• Requested by a HSR, or 5 or more
workers, or by the PCBU
• Training not mandatory
• As agreed by the PCBU and workers
• Tool box talks, newsletters, staff
meetings, one on one
Much broader duties for PCBUs to consult with other duty holders, and workers, including
those likely to be affected by their business or undertaking
Health & Safety Representatives:
Functions
Represent
workers
Training
Investigate
safety issues
Monitor safety
measures
Investigate
complaints
3 year term
Direct unsafe
work to cease
Issue PINS
Request for HSR’s
 Worker of a PCBU can request a HSR to be elected
 Negotiation of work groups with the workers must
commence within 14 days to decide:
―Number and composition of work groups
―Number of HSR’s or Deputy HSR’s (if any)
―The workplace/s to which work groups apply
―Businesses or undertakings to which work groups apply
 HSR is not personally liable for anything done or omitted to
be done in good faith
Establishing Work Groups
In negotiating work groups matters to be taken into account
include:

Number of workers

views of workers in relation to the determination and variations of
workgroups;

number and grouping of workers carrying out similar work;

the extent to which workers must move from place to place at work;

the diversity of workers;

the nature of the hazards and risks at workplace;

the nature of engagement e.g. as a contractor;

times at which work is undertaken; and

arrangements for overtime or shift work.
Election of HSR’s, training &
removal of HSRs
Procedures for election of HSRs
― All workers of the work group must be given an opportunity to nominate and vote in
the election.
― The PCBU and workers of the work group must be advised of the election and the
results of the election.
― Election process may be informal e.g. show of hands or a more formal process e.g.
ballots
Removal of a HSR
― The majority of members of a work group may remove a HSR by making a written
resolution that the HSR should no longer represent their workgroup.
Training for HSRs
― A HSR can request to attend:
 an initial 5 day course; and
 an annual refresher course.
Health and Safety Committees
Health and Safety Committee is to be established within 2
months of being requested by:
―
A HSR carrying out work at that workplace
―
5 or more workers at that workplace
 A PCBU may establish a committee whether it is requested or
not
 Committee must meet at least once every 3 months
 Must have equal or greater number of workers who are not
nominated by the PCBU
Functions of Committees
 To facilitate co-operation between the PCBU and workers on
measures to ensure health and safety at work
 Assist in developing standards and procedures for health and
safety to be complied with at the workplace
Other matters:
― You can have a committee as well as HSR’s
― HSR can be a member on the committee
― It is up to the committee & PCBU to decide on how they operate
― Training of committee members is not mandatory
COP: Work health and safety consultation, cooperation and coordination
Issue Resolution
under WHS legislation
Issue resolution process
applies to unresolved WHS
issues
PCBUs to consult, create,
communicate and utilise
issue resolution procedures
Where an issue resolution
procedure is not in place
The default procedure of the WHS
Regulation is to be used
Issue Resolution Procedure requires:
1. All parties to be informed there is an issue to be resolved and the
nature and scope of the issue;
2. The involved parties meet or communicate to resolve the issue;
3. Certain matters to be taken into account
–
Degree & immediacy of risk to workers
–
Number & location of workers affected
–
Measures that must be implemented
–
Who will be responsible for implementation
4. Any party involved in the issue to be represented or assisted by a
nominated person if they choose to do so;
5. The details of the issue and its resolution to be put in writing to the
satisfaction of all parties involved in the issue where requested;
6. A copy of the written agreement to be given to:
– parties to the issue (e.g. unions, employer organisations); and
–
if requested, the workplace’s health and safety committee.
What do you need to do?
 Establish a consultation arrangement if you do not have one
in place
 Revise your consultation arrangements in consultation with
workers and document this
 Include other duty holders such as contractors and labour
hire in your consultation process
 Cooperate and coordinate activities with other duty holders
 Develop/review an issue resolution process and procedure
so that it captures all parties
COP: Work health and safety consultation, cooperation and coordination
Guide: Workers representation and participation
General Risk & Workplace
Management





Managing risks
First aid
Emergency plans
Personal protective equipment
Remote or isolated work
PCBU to Manage Risks
Managing risks to health and safety requires you to:
― Identify reasonably foreseeable hazards
― Eliminate risks and if not reasonably practicable minimise risks
― Minimise risks by using the hierarchy of control measures
― Maintain and review risk control measures
 Risk assessment not mandatory except for prescribed
activities e.g. entering confined spaces
 HSRs can request a review of a control measure in certain
circumstances
Managing Risks Flowchart
Identify Hazards
that are a potential risk to health and safety
Eliminate risk
As far as is reasonably
practicable
Minimise risk
Maintain controls
Review controls
Consultation
As far as is reasonably
practicable
Reasonably Practicable - relevant matters
include:
Reasonably
Practicable
Cost
Hierarchy of control measures
Where elimination is not reasonably practicable, risks are to be
minimised using controls in the following order
Eliminate
Highest Level of
Protection
Substitute
Isolate
Engineering
Administrate
PPE
Lowest Level of
Protection
Duty to maintain and review
A duty holder must ensure an implemented control measure is
maintained by ensuring it is
―
Fit for purpose
―
Suitable for the nature and duration of work and
―
Installed, set up and used correctly
A duty holder is required to review and, as necessary revise control
measures when:
―
A risk control measure fails to control the risk (e.g. as determined by
monitoring or a notifiable incident occurs);
―
A change in the workplace or work systems occurs that is likely to give rise
to a new or different risk;
―
Consultation indicates a review is required; or
―
A HSR requests a review
First Aid
 The PCBU must provide for first aid including:
―
First aid equipment and access to the equipment
―
Facilities for first aid administration
―
Adequate number of workers trained in first aid
―
Access to adequate number of trained others to provide first aid
 First aid kit type and content and content of first aid facilities
is no longer specified in the WHS Regulation
 Factors to consider when assessing first aid requirements:
―
Nature of the work
―
Nature of workplace hazards
―
Size and location of workplace/s
―
Number and composition of workers and others
Short case study – First Aid
Case 1
Issues to consider
A small business employs 20 people. The injury
register shows lacerations and burns are the
most frequently recorded injury.
• What is the size and layout of the
workplace?
The previous NSW Regulation mandated
number of first aiders, kit numbers and
contents. This was not continued in the new
WHS regulation.
What First Aid arrangements are likely to be
adequate?
• Is the workplace in close proximity to
medical services or hospitals?
• Do any workers work off site?
Suggested Measures
• An assessment should be undertaken
• If the workplace is compact then kits can be
located in the main operating areas
• If already complying with the previous NSW
Regulation, a kit, suitably stocked and a
trained first aider should already been in
place. Arrangements for off site workers and
an additional burns module for the kit may
be required
Emergency plans
PCBU must prepare, maintain and implement an Emergency Plan
Plans must include emergency procedures covering:
 emergency response
 evacuation
 early notification to emergency services
 medical treatment and assistance
 effective communication between the PCBU’s
emergency co-ordinator and all persons
Factors to consider:
• Nature of the work
• Nature of
workplace hazards
• Size and location
• Number and
composition of
workers and others
Testing of procedures
Provide, information, training and instruction to workers in emergency procedures
Personal Protective Equipment
Put your
Co. Logo
Here
If PPE is provided to minimise a risk the PCBU who directs the
carrying out of work must ensure that PPE provided is:
― Appropriate to the activity and hazard
― A suitable size and fit
― Maintained, repaired and replaced as required
― Used or worn by the worker
 Workers must be informed and trained on PPE use
 Duty to provide PPE to others (such as visitors), and ensure that
it is suitable and effective and that such persons use the PPE
Remote or isolated work
Put your
Co. Logo
Here
 PCBU’s must manage risks to the health and safety of a worker
associated with remote or isolated work
― Remote or isolated work in relation to a worker means work that is
isolated from the assistance of other persons because of location, time
or the nature of work e.g. regional sales drivers
― Assistance includes rescue, medical assistance and the attendance of
emergency service workers
 PCBU’s must provide a system of work that includes effective
communication with the worker. This could include:
― Personal security systems, radio or satellite communications, distress
beacons
― Procedures for regular contact with the worker, emergency
communication plan
Case Study
Scenario:
“
A small business employs 20 people. They are distributors of toys and in peak
periods such as Christmas they engage labour hire workers to drive forklifts and
work in the pick and pack section. The labour hire agency has informed the host
employer that they must supply all the necessary PPE and clothing. The small
business is concerned re the increased cost, especially for safety boots. Can they
request that the labour hire agency provide their own safety shoes/boots? “
Issues to consider:
1.
2.
3.
4.
5.
6.
Who are the duty holders?
Do they have different duties?
Are there overlapping WHS duties for duty holders?
Can the business ask the labour hire agency to provide the safety boots?
Can the labour hire agency ask workers to provide their own safety boots?
What would the alternatives be to providing PPE?
PPE - Case Study
What does the legislation say?
―
―
―
―
PCBU who directs the carrying out of work must provide the PPE at the
workplace, unless the PPE has been provided by another PCBU e.g.
labour hire agency
More than 1 duty holder may have the same duty. Where this is the case
all duty holders must consult, cooperate and coordinate in respect to the
same matter
PCBU must not impose a levy or charge on a worker for anything done or
provided in relation to work health and safety
PPE provided must be suitable to the nature of the work and hazard,
suitable size and fit, comfortable, maintained and used by the worker
Applying Reasonably Practicable
Likely:
• Risk of injury
• Peak period-high staff
turnover
• High traffic area
• New workers-training
• Appropriateness of PPE
Foot injuries:
• Crush
• Lacerations
• Broken bones
• Amputation
•
•
Reasonably
Practicable
•
•
•
•
•
•
•
Redesign of work
area/warehouse
Separate workers and
forklifts
Implement a traffic
management plan
Safety boots
Overboots, foot guards
Length of time PCBU has
operated in this industry
Knowledge of types of foot
injuries from forklifts, heavy
stock
PPE is least effective on
hierarchy of controls
WHS legislation, COP’s, guides
re requirements
Cost
Cost of redesign
may be
disproportionate
to the risk
PPE – Case Study
Suggested conclusions:
―
―
―
―
Both labour hire agency and small business are PCBU’s, so consult with
labour hire agency in relation to who will provide the PPE and the
standards it must meet
Negotiate an arrangement that the labour hire provide some PPE and
document this in a contract/commercial arrangement which outlines
clearly who is responsible for provision of PPE
Remove need for PPE by eliminating the hazard if possible e.g. redesign
warehouse/work area, separate forklifts and worker/pedestrian/s, traffic
management plans
Choose an alternative labour hire supplier/agency
Enforcement measures could apply to both PCBU’s in the
event of a breach
What do you need to do?
 Review risk procedures to incorporate the qualifier so far as is reasonably
practicable
 Continue to assess risks to promote best practice and assist in
demonstrating so far as is reasonably practicable
 Assess your first aid requirements to ensure first aid measures are suitable
to the work that is conducted
 Review/develop emergency plans and test the plans to ensure their
effectiveness and schedule training for workers
 Identify others e.g. visitors, customers in the workplace who may be
required to wear PPE to minimise risks to their health and safety
 Identify workers who perform remote/isolated work and develop a
communication plan that incorporates emergency requirements
 Transitional arrangements until 1 Jan 2013 for development of emergency
plans and remote work
COP: How to manage work health and safety risks, First aid in the
workplace, Managing the work environment and facilities
Time for a quick 10
minute break
39
Hazardous Work
Hazardous Work Includes:
Noise - exposure to noise above the exposure standard
Hazardous Manual Tasks - previously referred to as manual
handling
Confined Spaces – key changes in definitions and requirements
Falls - the hierarchy of controls and record keeping requirements
are specified.
High risk work-requiring licences
Demolition Work- certain work must be notified to WorkCover
Electrical safety-definitions and use of residual current devices
Diving Work- new provisions to NSW regulation
COP: Managing Noise and Preventing Hearing Loss at Work
Hazardous Manual Tasks, Confined Spaces
Managing the risk of falls at Workplaces
Noise
A PCBU must ensure that a worker is not exposed to noise that
exceeds the exposure standard (unchanged):
 the equivalent of 8 hours continuous exposure to 85dB(A); or
 a peak of 140dB(C)
A PCBU must implement control measures as per general
risk management requirements.
Where a worker is frequently required to wear PPE, the PCBU
must now provide audiometric testing for the worker:
 within 3 months of the start of work;
 in any event at least every two years.
Confined Spaces
Changes from current NSW OHS legislation include:
 Requirements for review of the risk assessment by a competent person and
at the request of the HSR;
 Signage - to be erected immediately before work commences and while the
work is being carried out. The signage must identify that it is a confined
space; entry is not permitted without a permit; and be clear and prominently
located next to each entry to the confined space;
 Communication – continuous communication with the worker from outside
the confined space;
 Monitoring of conditions to be made by the stand-by person, and if
practicable, while observing the work;
 Record of training provided kept for 2 years
Confined Spaces - Record Keeping
 Record keeping - risk assessments must be kept for at
least 28 days after the work to which they relate finishes,
 Entry permits must be retained for the duration of the
work;
 Both risk assessments and entry permits must be retained
for at least 2 years if a notifiable incident occurs during
the work; and
 Training records must be kept for 2 years.
Falls
PCBU must manage the risk of falls which is:
 A situation that exposes a worker while at work, or another
person at or near the workplace, to a risk of a fall from one
level to another that is ‘reasonably likely’ to cause injury.
This includes risk of a fall:
―
In or on an elevated workplace from which a person could fall
―
In the vicinity of an opening through which a person could fall
―
In the vicinity of an edge over which a person could fall
―
On a surface through which a person could fall or
―
In any other place from which a person could fall
Duties
 A PCBU is required to identify all fall hazards associated with
the business or undertaking.
Falls - risk control measures
 A PCBU must ensure that, as far as reasonably practicable, work
involving the risk of a fall is carried out on the ground or on solid
construction.
 If it is not reasonably practicable to eliminate the risk of a fall, the
PCBU must provide adequate protection against the risk of a fall, by
providing safe systems of work including (in descending order):
1.
Use of a fall prevention device (e.g. guard rails, scaffolding); or
2.
Use of a work positioning system (e.g. rope access systems); or
3.
Use of a fall arrest system (e.g. harness, safety nets) if 1 and 2 are not
reasonably practicable.
The use of these controls should include training, procedures, permit
systems and signage as required.
If a fall arrest system is used emergency and rescue procedures must be
established
High Risk Work
High risk work is any work that is in the scope of a high risk
licence (based on the national standard) and includes:
 Scaffolding work
 Dogging and rigging
 Crane and hoist operation (concrete placing booms have been added
to meet cross border requirements)
 Reach stackers (a new class)
 Forklifts
 Pressure operating equipment
Plant no longer requiring a licence includes:




Front end loaders;
Front end loader backhoes;
Front end loader skid steer and
Excavators.
WHS Regulation: Schedule 3 & 4
Licensing of high risk work
High Risk Work
There are no longer specific provisions under the regulation for:
 Abrasive blasting (covered in relation to restricted use of
chemicals)
 Electroplating
 Spray painting
 Welding and UV radiation
 Molten metal
Now captured by the general duties of PCBUs to control risk by
eliminating, or if not possible, minimising those risks, as far as
reasonably practicable.
Note: Long distance truck driver fatigue is also no longer specifically
covered under the WHS Regulation.
Electrical Work
New definitions in the WHS Regulation include those for:
― Electrical equipment is defined generally but does not include
vehicles
― Electrical installations is a group of electrical equipment
permanently connected (not plug and socket connection)
― Electrical work covers the work done by licenced people and
not tasks such as connecting a flexible cord plug and socket
outlet
 There are a variety of low risk activities that are not included in
electrical work e.g. replacing a fuse or light bulb
 Need to ensure that the task can be safely performed by the person
who does not have expertise in carrying out electrical work
Testing of electrical equipment
 A PCBU is required to regularly have electrical equipment
inspected and tested by a competent person if:
― supplied with electricity through an electrical socket and
― the equipment is exposed to conditions that are likely to
cause damage or a reduction in its expected life span,
including exposure to moisture, heat, vibration, mechanical
damage, corrosive chemicals or dust.
 Records of this testing can be in the form of a tag attached to
the electrical equipment tested.
 Equipment that requires testing and is not tested, is not to be
used.
Residual Current Devices
 Residual Current Device (RCD) must be used if supplying
electricity to equipment through a socket outlet in a hostile
environment where electrical equipment:
― is exposed to conditions that can cause damage or reduce its
normal life span e.g. moisture, heat, vibration, mechanical
damage, corrosive chemicals or dust;
― is moved between locations where damage to equipment or a
flexible supply cord is reasonably likely;
― is frequently moved during its normal use;
― forms part of, or is used in connection with, an amusement
device.
 RCDs are to be tested regularly and records kept (except daily
checks) until the device is next tested or is permanently removed
from use.
What do you need to do?
 Identify if you conduct any hazardous work in your business and
review your risk assessments to include the key changes
 Review the WHS Regulation, codes of practices and guides which
relate to these hazardous work activities
 Conduct a noise survey to identify the level of exposure to noise
 Revise your definitions for confined spaces, electrical work,
installations and equipment
 Upgrade your socket outlets in a hostile environment to be
protected by a RCD by 1st Jan 2013
 Audiometric testing of workers must be undertaken by 1st Jan
2014
COP: Managing Noise and Preventing Hearing Loss at Work, Managing electrical
risks at the workplace, Confined Spaces, Managing the risk of falls at Workplaces
Plant & Structures
Key changes for plant
 The definitions of plant/structures and supply
― A structure is defined and incorporated with plant duties
― Supply includes hire and leasing of plant
 Specific duties for hirers and leasers have been
removed - hirers/leasers need to comply with the duties
of suppliers.
 Inclusion of specific plant into the chapter e.g. scaffolds
 Removal of references to Australian Standards for some
plant e.g. pressure equipment
 No mandated risk assessment requirement in managing
the risks of plant and structures.
PCBU duties regarding plant
A PCBU with management or control of plant has duties to
ensure:
― Risks are managed as per general risk management requirementsno mandated risk assessment
― Unauthorised interference with or alteration to plant is prevented;
― Plant is only used for its intended purpose;
― Risk associated with proposed use is assessed by a competent
person;
― Safety features and warning devices are used;
― Plant does not create a risk to health and safety when not in use;
― Maintenance, inspection, repair and testing is only carried out by
a competent person; and
― Guards, emergency stops and warning devices are in place and
operational.
Supplier duties regarding plant
 Suppliers of plant (includes hirers and leasers):
― obtain information about the plant from the manufacturer;
― provide this information to the person who is supplied the plant.
 Suppliers of second hand plant are now required to:
― identify any faults in the plant;
― provide information in writing to the person who is supplied the
plant about:
o the condition of the plant;
o any identified faults;
o notice that the plant should not be used until faults
have been fixed (if necessary).
Duties for control/management of
specific plant
 Reference to Australian Standards have been removed for some plant
e.g. pressure equipment, earth moving machinery, tractors
 New requirements for industrial robots, lasers, lift trucks, powered mobile
plant, registered plant, example:
― Lift trucks: requirements for barriers and safe working load signage to
be in place.
― Powered mobile plant: required to manage the risk of plant colliding
with a person or other object, and the risk of fluid release from failure of
pressurised components (e.g. hydraulic lines).
― Registration of certain items of plant every 5 years rather than annually
 A number of plant items have been consolidated under Chapter 5 plant &
structures, WHS Regulation e.g. scaffolds, laser moved from
construction to plant chapter.
What do you need to do?
 Identify specific plant you use where requirements have
changed e.g. lasers, lift trucks and update safe operating
procedures
 Review in more detail the requirements in the WHS
Regulation if you are a supplier of second hand plant
 Document the change for plant registration to every 5
years in your maintenance and inspection schedule.
COP: How to manage the risks of plant in the workplace
Safe design of buildings and structures
Hazardous Chemicals &
Asbestos
Hazardous Chemicals
- Classification Classification of hazardous substances is now based on the
international GHS* published by the United Nations and includes
hazardous chemicals and dangerous goods.
Substances now exempt from the requirements of WHS Regulation
include:
 Hazardous chemicals in batteries that are incorporated in plant;
 Fuel, oils and coolants fitted in equipment intended for its operation;
 Fuel contained in a portable fuel burning item not exceeding 25 litres or 25 kgs;
 Hazardous chemicals in portable firefighting or medical equipment;
 Hazardous chemicals that are part of freight refrigeration systems; and
 Potable liquids that are consumer products at retail outlets.
* GHS - Globally Harmonised System of Classification and Labelling of Chemicals
Hazardous Chemicals Information
Hazardous Chemical Register
 Safety Data Sheets are to be included and the hazardous chemicals register
maintained;
 A notation in the register is no longer necessary when a risk assessment for
a hazardous chemical is not required.
 Notification of schedule 11 hazardous chemicals only when they exceed
manifest quantities and thereafter when there is a significant change in risk
Safety Data Sheets (previously referred to as MSDS) –Content is now
prescribed in the WHS Regulation, not a COP
Labelling
 Specific requirements exist for general, small containers, waste products,
etc. (WHS Regs, Schedule 9: Part 3);
 Decanted substances must now be labeled if not to be used immediately
(previously within 12 hours) or if given to someone else;
 Requires product identifier, Australian contacts and a hazard pictogram or
hazard statement (new wording) and chemical expiry date.
Hazardous Chemicals - controlling &
reviewing risks
WHS Regulation now specify factors to consider when assessing/managing
risks and when risks are to be reviewed.
Factors to consider in managing
risks
Circumstances requiring review of
control measures
 Hazardous properties
 Any change in the SDS or Hazardous
Chemicals Register
 Risk of a physical or chemical
reaction
 Health monitoring where there are:
 The nature of work to be carried out
• results indicating raised levels
 Structure, plant or systems of work:
• disease, injury or illness associated
with the hazardous chemical
• used in the use, handling,
generation or storage; or
• That could interact with
hazardous chemicals
 Potential fire and ignition sources
(Part 3.2 Clause 52)
• recommendations for remedial
actions
 Exposure standards have been
exceeded
 At least every five (5) years
Asbestos - Changes in terminology
ACM
Asbestos Containing Material (previously called Bonded Asbestos
Material);
ACD
Asbestos Contaminated Dust or debris (ACD) means a dust or
debris that has settled within a workplace and is assumed to be
contaminated with asbestos;
Asbestos Register
 is now required to include ACM; and
 must state where there is no asbestos or ACM at the workplace
Asbestos Management Plan is to be developed if asbestos or ACM is
identified at a workplace
Asbestos - Key Requirements
An Asbestos Register and Asbestos Management Plan (AMP) are to
be established and maintained by the relevant PCBU for a
workplace.
(except buildings constructed after 31 December 2003 and no asbestos has been identified
and no asbestos is likely to be present).
The Asbestos Management Plan (AMP) is to be reviewed if:
 the register is revised;
 the asbestos is disturbed in some way;
 the AMP is no longer adequate;
 if requested by the HSR for any of the above reasons; or
 at least every 5 years.
The Asbestos Register and AMP are to be:
 made accessible to workers or their HSR and relevant others; and
 reviewed as required in the WHS Regulation.
What do you need to do?
 Include dangerous goods into your hazardous chemicals register if not
done so already
 Obtain revised material safety data sheets for you hazardous
chemicals in the new safety data sheet format
 Cooperate and coordinate activities with other duty holders such as
suppliers re correct labelling and updated material safety data sheets
 Manufacturers and importers of hazardous chemicals will need to reclassify their products, re-label them and prepare new safety data
sheets
 Develop an asbestos register and asbestos management plan as
required
 Transition to new arrangements by 1st January 2017
COP: How to manage risks of hazardous chemicals, Labelling of workplace hazards
chemicals, Preparation of safety data sheets for hazardous chemicals, How to manage
and control asbestos in the workplace, How to safely remove asbestos
Other key areas
Construction work
Construction work is any work relating to the construction,
alteration, conversion, fit-out, commissioning, renovation, repair,
maintenance, refurbishment, demolition, decommissioning or
dismantling of a structure.
High risk construction work can include work such as:
 Where a person can fall more than two (2) metres;
 Where there is the risk of disturbing asbestos;
 In or near a confined space;
 In or near excavations or trenches;
 Carried out near roads or railways.
SWMS are only required for high risk construction work,
SWMS must be prepared by the PCBU before work commences
Incident Notification
PCBU’s have a duty to notify WorkCover of notifiable incidents immediately
they become aware of the incident
Notifiable incidents means:
Death of a person
Serious injury or illness
Dangerous incident
That involves any person - workers or otherwise e.g. contractors
Notification is by the fastest possible means which is by phoning WorkCover
on 131050
Incident site is to be preserved until a WorkCover inspector directs
otherwise
Record of notifiable incidents are to be kept for 5 years
Notification of an incident is separate to lodging a claim for workers
compensation
Guide: Guide to work health and safety incident notification
Approved Codes of Practice
A practical guide to achieve the
standards of health and safety
required under the Work Health and
Safety (WHS) Act and Regulation
Provide duty holders with guidance
on effective ways to manage work
health and safety risks
What is the legal effect of Codes of
Practice?
• Admissible in court proceedings under the WHS Act and
Regulation
• May be relied on by courts as evidence of what is known about a
hazard, risk or control and in determining what is reasonably
practicable
• Designed to be used in conjunction with the WHS Act and
Regulation but do not have the same legal implications
• WHS Act and Regulation 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
PRIORITY CODES
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
Confined spaces
How to prevent falls at workplaces
Preparation of safety data sheets for hazardous
chemicals
Labelling workplace hazardous chemicals
How to manage and control asbestos in the workplace
How to safely remove asbestos
Second Stage Codes of Practice and
Guidance Material
First Aid in the Workplace
Demolition Work
Managing Risks in Construction
Work
Spray Painting and Powder
Coating
Preventing Falls in Housing
Construction
Abrasive Blasting
Managing Electrical Risks at the
Workplace
Welding and Allied Processes
Managing Risks of Hazardous
Chemicals
Safe Access in Tree Trimming
and Arboriculture
Managing Risks of Plant in the
Workplace
Preventing and Managing
Fatigue in the Workplace
Safe Design of Building and
Structures
Preventing and Responding to
Workplace Bullying
Excavation Work
Transitional arrangements and
WorkCover NSW Codes
Existing NSW Codes of Practice can continue to
operate until replaced by national Codes of
Practice or guidance materials
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”
Getting up to date
Reviewing your safety system
 Identify who the officers are in your organisation that their
responsibilities are addressed and due diligence can be
demonstrated
 Audit your current Safety Management System to identify
any gaps in meeting the requirements of the new legislation
 Think about the WHS issues you will need to coordinate with
other PCBUs such as contractors, suppliers and how to
manage them
Reviewing your safety system
 Obtain advice from you industry association, business chamber,
WHS specialist, or lawyer to access specific information for your
industry and work health and safety risks
 Keep up to date with the new codes of practice, resources and
articles that are available to assist in managing your risks
 Develop an action plan of tasks you need to do to meet the new
work health and safety requirements
Education Program Evaluation
• Please take a few minutes to complete the second part of the
knowledge questionnaire in your packs-post knowledge review
questionnaire
• Additional information is available from the fact sheets within
your pack and NSW Business Chamber website at
www.nswbc.com.au
Further information contact the OHS Unit on 13 26 96
Assistance
Where to go for more information?
• NSW Business Chamber
– Additional information is available from the fact sheets within
your pack
– Business hotline 132696
• Safe Work Australia
–
–
–
–
Model legislation, codes of practice and guides
Interpretative guidelines
Fact sheets
Volunteer hotline
• WorkCover NSW
– Legislation, publications, guides , fact sheets
– Information sessions, webinars
– Workplace advisory visits
OHS Unit
OHS Consulting
 OHS Diagnostic Audits against the new WHS legislation
 Review or documentation/manuals to reflect the new changes
 Onsite customised training courses for Officers, Managers, Workers
Workers Compensation Assistance
 Classification; Premium issues; Claims issues; Injury Management
Training – Onsite & Public Courses
 Customised training
 WHS Legislation Courses
 HSR Training
 Certificate IV & Diploma in OH&S
Legal Assistance
Australian Business Lawyers & Advisors
One of Australia’s top workplace law firms – Experienced and diversified in business needs
•
•
•
•
•
•
OHS – Defence, Investigations
Employment Law – Unfair dismissals, Enforcement of restraints, Contracts
Industrial Relations – Enterprise bargaining, Industrial disputes, Planning
Human Resource Management - Systems, Recruitment, Performance,
Discrimination – Advice & Representation, Implementation
Training - Employment Law, IR Law, Discrimination Law, EEO, OHS
Corporate; Commercial; Business Advisory; Intellectual Property;
Dispute Resolution; Communications, Media & Technology; Trade Practices;
Governance & Regulatory Compliance
www.ablawyers.com.au
Thank You