Transcript No Slide Title

Labor Council of NSW
Workplace Safety Seminar
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LABOR COUNCIL OF NSW
Introduction
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LABOR COUNCIL OF NSW
What are the OHS Issues
in your workplace?
The Occupational Health
& Safety Act, 2000
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LABOR COUNCIL OF NSW
Module 1
• The new OHS Act, 2000 has replaced the old
1983 Act.
• Essentially, there are two major changes to the
law:
1.
The new duty on employers to consult with their
employees; and
2.
The requirement for all employers to conduct a
hazard identification, risk assessment & control
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LABOR COUNCIL OF NSW
New Laws - 1 September 2001
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Restoration
WCA Investigation Expenses
Publicity
OHS Projects
> On top of any fine
> Failure to comply - up to $165,000
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New Court Orders
• Section 8(1) - Employers/Employees
(previously s15)
• Section 8(2) - Employers/Non-employees
(previously s16)
• Section 20 - Employees liability
(previously s19)
• Section 26 - Directors and Managers
(previously s53)
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The Main Offences
Employers must ensure the health, safety and
welfare at work of all their employees. Including:
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Premises safe
Plant or substance used is safe
Safe systems of work
Information, instruction, training
Provide adequate facilities
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Section 8(1) Ensure Safety of Employees
Employers must ensure that persons
not in their employment are not
exposed to risks to their health or
safety whilst at the employer place
of work
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LABOR COUNCIL OF NSW
Section 8(2) - Ensure safety of nonemployees
Employees have 2 major responsibilities:
• To take reasonable care for the health and safety
of people at their place of work who may be
affected by their acts or omissions.
• Must co-operate with his/her employer re: any
requirement imposed in the interests of health,
safety and welfare.
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LABOR COUNCIL OF NSW
Section 20 - Employees liability
Persons who have (to any extent) control:
• of premises/plant/substance used by
persons
• as a place of work or at work, must ensure
that
• the premises/plant/substance is safe
(Old s17 - OHS Act 1983)
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LABOR COUNCIL OF NSW
Section 10 - Control of Premises
Designers/Manufacturers/Suppliers
Designers/Manufactures/Suppliers of plant
or substances for use by people at work,
must ensure it is safe, when properly used.
(Previously Section 18 - OHS Act 1983)
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LABOR COUNCIL OF NSW
Section 11
Section 53 (Old Act) - Section 28 (New Act)
It is a defence to any proceedings under the Act if:
• it was not reasonably practicable for the person
to comply with the provision; or
• the commission of the offence was due to causes
over which the person had no control and against
the happening of which it was impracticable for the
person to make provision.
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LABOR COUNCIL OF NSW
Defences
Directors & persons concerned in the
management are “deemed” to be guilty of
the same offence as the corporation.
Criminal Convictions
1st Offence: $55,000 - max.
2nd/Subsequent $82,500 &/or 2 yrs gaol
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LABOR COUNCIL OF NSW
Section 26 Directors/Managers Liability
This section provides protection for
employees who make a complaint
regarding safety or because they are a
member of the OHS Committee.
In these cases, employers commit an
offence if they dismiss or alter the
employees position .
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LABOR COUNCIL OF NSW
Section 23 - Whistle Blowers Protection
The Occupational Health
& Safety Regulation,
2001
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LABOR COUNCIL OF NSW
Module 2
The new Regulation has replaced 36
separate Regulations. In addition, it has
replaced;
• The Construction Safety Act & Regulation
• Part 3 of the Factories Shops & Industries
Act.
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New Regulation
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The following are some of the headings under the new Regulation
Systematic Risk Management (Chapter 2)
Consultation (Chapter 3)
Manual Handling
Noise Control
Confined Spaces
Lighting
Atmosphere
Hazardous Substances/Processes (Chapter 6/7)
Accident Notification (Chapter 12)
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New Regulation
There are 4 levels of penalties under the new
Regulation.
Per Offence
Level 1 - $2200
Level 2 - $3300
Level 3 - $11000
Level 4 - $27500
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LABOR COUNCIL OF NSW
Penalties
• If there is an inconsistency between the
Regulation and an Australian Standard, the
Regulation prevails.
• The Regulation applies to all places of work
(some exceptions for mines)
• If more than one person has responsibility under
the Reg, each person retains responsibility for
the matter
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Some important points about the Regulation
Chapter 5 of the Regulation is dedicated
to plant. It includes:
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Design of plant
Manufacture of plant
Registration
Supply of plant
Working with plant
(Clause 82 - 144)
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Plant
Chapter 6 deals with hazardous
substances and includes:
• Duties on manufacturers and suppliers of
hazardous substances.
• Duties on employers.
(Clause 145 - 174)
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Hazardous Substances
Induction training is covered in several
areas of the Regulation including:
• General induction (Clause 13)
• Specific induction including plant, hazardous
substances & construction work
• Construction induction includes general, work
activity based & site specific.
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Induction Training
Referred to 3 times in the Regulation:
• Clause 40-41
• Clause 63-65
• Clause 205-208
What do you need to know??
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Working with electricity
What is it?
“Any activity requiring the use of force to
lift, lower, push, pull, carry or otherwise
move, hold or restrain any animate or
inanimate object”
(Clause 79 -81)
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Manual Handling
The Regulation requires that employers
must ensure that appropriate control
measures are taken if a person is exposed
to noise levels that exceed an 8-hour noise
level equivalent of 85 dB(A) or peak at
more than 140 dB(C).
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Noise Management
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Australian Standards
Codes of Practice
Guidance Notes
Workplace Policies
Regulations
Codes Industry Standard
Guidance Notes
Workplace Policies
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Act
• Generally, Australian Standards are not law. They
represent best practice standards.
• However, some Standards are called up in the new
Regulation and must be complied with as a matter of
law (unless its not reasonably practicable to comply)
egg.
AS 3000 of 2000 (Wiring Rules)
AS 1576.1 of 1995 (Erection/Dismantling of scaffolding)
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LABOR COUNCIL OF NSW
Australian Standards
Codes of practice provide practical guidance to
employers and other who have duties under the
workplace safety laws.
Although non-compliance with a Code will not
render a person automatically liable for an offence,
the prosecuting authority may admit a persons
failure to comply with a Code of Practice to assist it
to prove an offence.
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Codes of Practice
In addition to Codes of Practice, WorkCover
often publish guidance material for
industries to inform them of common
hazards and control initiatives in the
industry.
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Guidance Notes
Risk Management
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LABOR COUNCIL OF NSW
Module 3
Who is Responsible for Risk
Management?
• Employers are responsible for identifying hazards,
assessing risks and controlling risks.
• Employees have a role to play and should actively
participate
• S 20 OHS Act - Responsibility of Employees
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Risk Management
Hazard Identification
What is a hazard?
• A hazard is anything that can cause harm
– chemicals,
– electricity,
– working on ladders
– etc
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Risk Management
How to do Hazard Identification
LABOR COUNCIL OF NSW
Risk Management
• Look at what accidents have happened in past
• Talk to workers doing the job
• Walk around the work area-inspect/observe
• Review information on substances (MSDS) or
plant (manufacturers manual)
• Think about what could happen
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Where do you have to look?
• Premises (layout and condition)
• Plant
• Systems of work
• Hazardous Substances
• Manual Handling
• Workplace Violence
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HAZARDS - WHERE?
When do you have to identify hazards?
• Before using premises as a place of work
• Before installing or altering the plant
• Before changing work practices or systems
• Before hazardous substances are introduced
• While work is being carried out
• If new information becomes available
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HAZARDS - WHEN?
Risk Management
LABOR COUNCIL OF NSW
Hazard Identification- Consider Who!
Identifying hazards in your workplace don’t forget:
• Young workers and trainees
• Cleaners, visitors, contractors, maintenance
workers
• Members of the public or others who may share
you workplace
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What is a Risk Assessment?
This is really about the likelihood and severity ie:
• how likely is it that someone will be harmed?
and
• how serious could the injury be?
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Review available information such as:
MSDS
Manufacturer information
OHS Regulation
Guidance material and Codes of Practice
Australian Standards
Workplace experience
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How to do a Risk Assessment
Likelihood
Consequences
Risk
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Risk Assessment
1. How severely
How likely is it to be that bad?
++ Very Likely + Likely
could it hurt
happen
someone or how could
anytime.
ill could it make
someone?
X
Kill or cause
permanent
disability or
ill health.
!!!
Long term
illness or
serious
injury.
!!
Medical
attention and
several days
off work.
!
First Aid
Needed.
1
1
2
3
could happen
at some time.
1
2
3
4
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= Unlikely
- Very Unlikely
could happen
but very
rarely.
could happen but
probably never
will.
2
3
4
5
3
4
5
6
LABOR COUNCIL OF NSW
2.
• Defined at Clause 5:
• Substitute
• Isolate
• Engineer
• Administrate
• Training
Eliminate if possible;
otherwise a combination
of these starting with
substitution.
• PPE
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“Control” (of risks)
Remove the hazard
•Remove risk of electricity by using compressed air driven tools
Separate people from the hazard
•Guards on power tools
•Enclose heavy machinery
Engineer out hazard
•Earth leakage device
•Machine to lift heavy objects
•Scaffold instead of ladders
Change work practices/ Training
•Training in lifting techniques
•Tagging procedures
WORST
CONTROL
Provide personal protective equipment
•Hearing/eye protection
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LABOR COUNCIL OF NSW
Risk Controls
PREFERRED
CONTROL
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Identify hazards.
Assess risk.
Determine appropriate controls.
Justify controls.
Plan control activities.
Implement control activities.
Evaluate control activities.
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Risk Management Process - Summary
Risk assessment – What Next?
Draw up an action list
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give priority to risks which are high and/or
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effect the most people
Ask yourself
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can I get rid of the hazard
•
if not how can I CONTROL the risks
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Risk Management
Operate on the assumption that
someone will be injured
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Be Pro-active
Consultation
The new duty for employers to
consult with their employees
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Module 4
Section 13 of the Act states;
“An employer must consult in accordance
with this Division, with the employees of the
employer to enable employees to contribute
to the making of decisions affecting their
health, safety and welfare at work”
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Consultation - Legal Requirements
Corporation
• First Offence: $55,000
Individual
• First Offence: $27,500
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Penalties
• Sharing relevant information
• Giving the opportunity for employees to
express views and contribute
• Valuing and taking into account the views
of employees
(Section 14)
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LABOR COUNCIL OF NSW
Consultation - What is it?
• If risks assessed/reviewed
• When decisions are made re risk elimination, control or
monitoring
• Decisions re facilities
• Changes to premises, systems, methods, plant or
substances
• Changes to consulting procedures
(Section 15)
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Consultation - When?
• OHS Committees
• OHS Representatives
• Other “agreed arrangements”
(Section 16)
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Consultation - How?
• The legislation relating to OHS
committees has not changed.
• Employee Reps must be elected by
employees.
• Chair must be an employee Rep.
• Unions can conduct the election –
maybe an OHS Rep from a workgroup.
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Minimum requirements for
OHS committees
• Must be elected by employees
from workgroup.
• Election can be conducted by the
relevant union.
• 2 year period.
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LABOR COUNCIL OF NSW
Minimum requirements for
election of OHS representatives
• Some unions may wish to enter
into consultative arrangements.
• NSW Fire Brigade Employees.
• 17(3) of the OHS Act provides
unions may represent employees.
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LABOR COUNCIL OF NSW
Other agreed arrangements
(sections 16 (c) and 17 (3) of
the Act)
• Rep or Committee must be able to
effectively represent the
employees in each workgroup.
• What should be consider when
determining workgroups (Clause
23(2)).
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LABOR COUNCIL OF NSW
Workgroups represented by OHS
committees or OHS representatives
• Unions can represent workers in
establishing Consultative Mechanisms
• Unions can represent workers in OHS
consultation arrangements – turn to
Clause 22(5) of your Regulation.
• Unions can conduct elections of
representatives from workgroups
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LABOR COUNCIL OF NSW
Consultation Arrangements
• Record the arrangements
• Publicise those arrangements
• Provide reasonable facilities and
access during working hours
• Pay costs reasonably necessary with
participating and training
• Penalty Level 3 - $11,000
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LABOR COUNCIL OF NSW
Employer’s obligations with
respect to duty to consult
• OHS Reps must be trained
• Employer must be consulted on
the training provider
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LABOR COUNCIL OF NSW
Training to be undertaken by
members of OHS committees
and OHS representatives
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LABOR COUNCIL OF NSW
Additional functions of OHS
committees and OHS representatives
(section 18 (d) of the Act)
• Investigate OHS issues.
• Attempt to resolve OHS issues.
• Keep under review, the measures
taken to ensure health and safety
of persons at the place of work.
• Must be formally referred to
employer
• Employer must respond in a
timely manner
• Call the union, who may request
the assistance of WorkCover
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LABOR COUNCIL OF NSW
Procedure for resolving matter that
may be risk to health and safety
How do we get started?
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Consultation
• Record and publicise arrangements
• Provide reasonable access to employees
• Provide facilities
• Ensure regular participation by employer rep.
• Pay them
• Facilitate sub-contractor consultation
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Employer Obligations
Powers of “authorised
representatives” of Unions &
Associations
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Module 5
• Since Secretaries of Unions & Associations have
the power to prosecute for breaches of the
legislation, authorised representatives of those
Unions and Associations have certain powers to
investigate suspected offences.
Refer to Division 3, Sections 76 to 85 of the Act
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LABOR COUNCIL OF NSW
Where do the powers come from?
• Not all Union/Association staff are authorised
representatives.
• An authorised rep is one who is authorised
under Part 7 of Chapter 5 of the Industrial
Relations Act, 1996.
• Authorised reps have powers under the OHS
Act, 2000.
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LABOR COUNCIL OF NSW
Who is an authorised representative?
Authorised reps have power to:
• enter any premises they believe is a place of work where you
have members or persons who are eligible to be members of
your Union for the purpose of investigating any suspected
breach of the Act or Regulation.
• Note you cannot enter to conduct a general safety inspection to exercise your powers, you must suspect a breach.
No notice required
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LABOR COUNCIL OF NSW
What are their powers?
• You must notify the occupier of your
presence unless (2 exceptions)
• You must carry your identification saying
you are an authorised rep and you must
produce it if asked by the occupier.
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LABOR COUNCIL OF NSW
Things you have to do before there is a
lawful entry
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For the purpose of investigating any suspected breach,
authorised reps may do any of the following:
Make searches and inspections (includes taking photos, video
and audio recording)
Requiring the occupier to provide you with such assistance
and facilities as is reasonable for you to exercise your
functions
Require production of and inspect any documents in the
premises
take copies of the documents
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LABOR COUNCIL OF NSW
Powers available on lawful entry
• Unlike a WorkCover Inspector, you have no
power to require persons to answer your
questions.
• You may request the assistance of a WorkCover
Inspector if you believe you may be obstructed.
• It is an offence for a person who, without
reasonable excuse, refused or fails to comply
with a requirement made by an authorised rep in
accordance with Division 3 of the Act
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Other important points