Transcript NSW Work Health Safety Act 2012

NSW
Work Health &
Safety Act
WHS Act
Session 2
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Overview of what WHS Act says about
reasonably practicable
The PCBU has a duty to ensure, so far as is reasonably
practicable, the health & safety of workers that are:
• engaged to carry out work for their business or undertaking
• influenced or directed in carrying out their work activities by
the person, while the workers are at work in the business or
undertaking
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• placed with another person to carry out work for that
person, or
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Reasonably practicable includes:
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Reasonably
Practicable
Cost
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Reasonably practicable: Getting the balance
Likelihood, degree of
harm, knowledge etc
Time, effort and cost
to eliminate or reduce risk
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Reasonably practicable is the
balance between risk and time,
effort and cost
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Reasonably practicable: Getting the balance
E.G little
likelihood of risk
occurring
risk/minimal
harm
Level of time, effort and cost way
out of proportion with benefits
in risk reduction
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?
High level of time, effort
and cost to eliminate
or reduce risk
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Reasonably practicable in the workplace
• For common hazards such as noise, falls and manual handling
there are regulations that define what has to be done to
control risks. These common hazards also have supporting
codes of practice to provide guidance on how to control risks.
• The most common decisions about reasonably practicable
relate to the type of risk control to be used (the hierarchy of
control). In other words what is the highest level of
protection that is reasonably practicable.
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• For more complex or workplace specific risks a risk
management approach can be used to establish what is
reasonably practicable
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Reasonably practicable: the Hierarchy of Control
• The WHS Act advocates the highest level of protection as is
reasonably practicable and the model regulations in many
cases mandate a set of preferred controls consistent with the
hierarchy of control
For example, falls from height
are regulated with a preferred
set of controls from design and
engineering down to personal
protection measures.
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• Consequently the level at which controls are applied is subject
to decisions about reasonably practicable.
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Reasonably practicable: The hierarchy of control
STOP USING OR CHANGE THE PRODUCT, PROCESS, PLANT OR SUBSTANCE
STOP OR CHANGE THE ACTIVITY, PRACTICE OR PROCEDURE
MOST RELIABLE
Highest
ELIMINATE RISKS (so far as is reasonably practicable)
MINIMISE RISKS (so far as is reasonably practicable)
USE ENGINEERING CONTROLS
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LEVEL OF PROTECTION
SUBSTITUTE WITH SAFER ALTERNATIVE
REDESIGN TO REDUCE RISK
ISOLATE PEOPLE FROM RISK
Lowest
USE PROTECTIVE CLOTHING / EQUIPMENT
LEAST RELIABLE
USE ADMINISTRATIVE PROCEDURES
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What is different in WHS Act about
Consultation
Much broader duties for PCBUs to consult with other duty
holders, and workers, including those likely to be affected by
their business or undertaking
Establishes comprehensive duties to consult on work health and safety matters
so far as is reasonably practicable
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Overview of what WHS Act says about Consultation
MUST CONSULT:
• with all workers who carry out
work who may be directly
affected by WHS matter
• in an effective way
• on certain matters,
• involve HSR – if workers
represented by that HSR
• …., cooperate and coordinate
activities with other duty
holders who share WHS
responsibilities
SO FAR AS IS REASONABLY PRACTICABLE
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What WHS Act says PCBUs must do:
Obligation to consult with workers – s47
PCBU must, so far as is reasonably practicable, consult with
workers who carry out work for the business or undertaking
who are, or likely to be, directly affected by a WHS matter
SO WHO ARE THE WORKERS LIKELY TO BE AFFECTED?
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Effective consultation requires:
Agreed procedures
followed
Workers advised
Relevant HSR
of outcome in
involved if one
timely manner
exists
Consultation
Views of workers
Relevant information
are taken into
about the matter is
account by PCBU
shared with workers
Workers given opportunity
• express views,
• raise WHS issues
• contribute to decision
making
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What WHS Act says about Consultation:
CONSULTATION is required WHEN:
• identifying hazards and assessing risks
• making decisions about how to eliminate & minimise risks
• making decisions about facilities for welfare of workers
• proposing changes that affect WHS of workers
• decisions about procedures for:
• Consultation
• Issue resolution
• Health monitoring
• Monitoring condition of workplace
• Information and training
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Consult so far as is Reasonably
Practicable ?
What is reasonable in the particular circumstances
at the particular time? This will depend on:
The size and structure of your business
The nature of the work undertaken and the
seriousness of the risk
The nature of the particular decision or
action including the urgency of need to act
The work arrangements & availability of
workers – shift work, remote work
The characteristics of the workers including language and literacy
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What you need to do
Make sure your workers are aware of WHS matters asap
Encourage them to ask questions about WHS
Encourage them to raise concerns and report problems
Encourage them to make suggestions to solve WHS problems
Involve them in the problem-solving process
Inform them of outcome of consultation & decision, promptly
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How to consult your workers
In collaboration with your workers you need to work out
methods that:
• Meet your duty to consult
• Ensure all workers can participate in consultation
• Integrates with the way you manage WHS risks
You can have, for example
SMALL
MEDIUM
LARGE
DIVERSE
• Informal mechanism
• Health and Safety Representatives
• Safety Committees
• A combination of methods
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Agreeing on Consultation Procedures
The WHS Act allows you to establish agreed procedures for consultation
with your workers. Such procedures must be consistent with S48 WHS Act.
The agreement allows you to clearly state:
• the responsibilities of all people in the workplace
• when consultation is necessary
• who will be involved in the consultation
• how the consultation will occur
• how information will be shared
• what opportunities will be provided for workers and HSRs to give their
views
• how feedback will be given to workers
• how consultation will occur with workers with language / literacy needs
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What WHS Act says PCBUs must do:
Obligation to consult with other duty holders – s46
“Duty holders with overlapping WHS duties must, so far as is
reasonably practicable, consult, co-operate and co-ordinate
activities with each other”
WHO ARE THESE OTHER DUTY HOLDERS?
•Same workplace – e.g. construction site, shopping centre,
•Same matter- e.g. design, installation, use of plant, labour hire
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What are the major differences in the WHS Act?
Major difference is the extent of the scope of
the obligation:
NOW have to consult with all workers
directly affected not just employees
NOW have to consult with other duty
holders who share responsibilities
The nature of consultation required & when you are expected
to consult are basically the same as existing provisions
.
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What do you need to do?
Consulting WORKERS
If you have consultative arrangements like an OHS committee
or OHS Reps then you need to see how this can be extended
to cover all workgroups
If you don’t have existing arrangements then you need to
identify your workgroups and talk to them about when and
how you may consult them
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What is different in WHS Act about HSRs
New Act prescribes HSR powers to issue PINs and
direct unsafe work be ceased not currently found in
NSW legislation
HSR training has to be requested rather than being an
automatic entitlement
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Overview of WHS Act
• The Act sets out the process for
electing HSRs, and their functions,
powers and entitlements
• Determination of work groups
provides the basis for electing HSRs
• HSRs are elected for 3 years to
represent their work group on WHS
issues
• HSRs can inspect, investigate and
represent workers
• HSRs can issue Provisional
Improvement Notices (PIN) and
direct that unsafe work cease
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Overview of WHS Act
• The Act allows work groups to cover
multiple businesses to be
established
• HSRs is not personally liable for
things done in good faith
• Deputy HSRs can deputise for the
HSR if unable to exercise function or
ceases to hold office
• HSRs powers and functions limited
to work group except where issues
overlap
• Disqualification of an HSR can be
sought on grounds such as using
powers for improper purposes
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What WHS Act says PCBUs must do:
• Respond to a request to establish a work group and negotiate an agreed
arrangement
• Facilitate the election of HSRs
• Consult with HSR on WHS affecting the work group
• Allow access to WHS information relevant to work group
• Allow HSR to be present at interviews on WHS matters (with consent of
worker)
• Provide resources and allow time to enable HSR to exercise functions
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What WHS Act says PCBUs must do:
• Allow HSR to accompany inspector within work group
• Allow a person assisting the HSR access to the workplace
• If requested allow HSR to attend WHS training (initial course of 5 days
and 1 day refresher annually there after)
• Keep and display an up to date list of HSRs
• PCBU must not allow HSR access to personal or medical information
unless with consent of worker
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HSR Powers: Direct to cease unsafe work
Can only
act if
• Completed initial training
• Consulted with PCBU and followed any issue resolution
process
• the representative has a reasonable concern that to
carry out the work would expose the worker to a
serious risk to the worker's health or safety, emanating
Then only
from an immediate or imminent exposure to a hazard
if
With the
exception
• That the risk is so serious and immediate or imminent
that it is not reasonable to consult before giving the
direction
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HSR Powers: Issue PIN
• Completed initial training
Can only act • Consulted with the person to whom the notice is issued
if
Then only
if
And
• the representative reasonably believes that a person is
contravening a provision of the Act, has contravened a
provision of the Act in circumstances that make it likely
that the contravention will continue or be repeated
• Must be in writing and may recommend measures to
remedy issue
• PCBU can seek review within 7 days. Inspector may
cancel, confirm or confirm with modification.
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