WHS Terminology. . where the person is engaged solely as a worker in, or as an officer of, that business or undertaking.

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1 WHS Terminology A person conducts a business or undertaking: (a) whether the person conducts the business or undertaking alone or with others; and (b) whether or not the business or undertaking is conducted for profit or gain A business or undertaking conducted by a person includes a business sr undertaking conducted by a partnership or an unincorporated association lf a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference to a PCBU refers to each partner in the partnership Duties of PCBUs extends to those involved in: r Management or control of workplaces Management or control of fixtures, fittings or plant o and PCBUs in relation to plant, substances and structures that: Design o Manufacture lmport Supply lnstall, commission or construct A PCBU does not include: where the person is engaged solely as a worker in, or as an officer of, that business or undertaking an elected member of a local authority o a volunteer association An officer is a person within the PCBU that makes or participates in making decisions that affect the whole or a significant part of the organisation Examples include a director or secretary of a company The full definition of an 'officer' can be found in section g of the Corporations Act 2001 People within the Crown or a public authority who make decisions that affect the whole or a significant part of the Crown or public authority are also considered officers A worker under the whs Act is anyone carrying out work, in any capacity, for a PGBU This includes: Direct employees; Contractors and subcontractors, and their employees; Labour hire employees engaged to work in the business or undertaking; Outworkers; Apprentices, trainees and students on work experience; and Volunteers Work Health Safdy Consultation Course 2013 Handout 1

2 A Health and Safety Representative (HSR) is the person elected by members of a rrvork group within the PCBU, or across a number of businesses (e9 multiple workplaces) to represent that work group during consultation on work health and safety issues HSRs also monitor measures taken by the PCBU to comply with the WHS Act, investigate complaints about WHS from the work group and, if appropriately trained, can direct that unsafe work stop and issue provisional improvement notice (PlN) A PCBU must establish a HSC where requested to do so btrr the HS'R, or a minimum of 5 or more workers at the workplace or at the PCBU's o\ m initiative The HSR can be a member of the HSC if they consent The key functions of the HSC are to: ' facilitate co-operation between the PCBU and workers in instigating, developing and carrying out measures designed to ensure the workers' health and safety at work; and to assist in developing standards, rules and procedures relating to health and safety that are to be followed or complied with at the workplace; and other functions under the regulation or agreed to between the PCBU and the HSC A work group is the group of people represented by the HSR This could be a specific department, shift (e,9 day/night shift), location or type of worker: Work groups are determined by negotiation between the PCBU and workers (and their representative if required) 'Reasonably practicable' means taking all steps as a duty holder is reasonably able to, taking into account: Likelihood of the hazardor risk happening; Consequences (or degree of harm) if it does occur; What the person knows, or should know about thehazardlrisk and ways of eliminating or minimising it; Availability and suitability of ways to eliminate or minimise the risk; and The cost of eliminating or minimising the risk, and whether this cost far exceeds the level of reduction of risk A Provisional lmprovement Notice (PlN) is a written notice from a Health and Safety Representative to a person or the PCBU, advising there has either has been a breach of the Act that is likely to be repeated, or there is a current breach of the Act Only a HSR who has completed the required training is permitted to issue a PlN Before issuing the PlN, the HSR must consult with the person or PCBU to whom the PIN is being issued The HSR can also include directions on how to remedy the breach, and the person or PCBU must meet the requirements of the improvement within the specified timeframe The HSR can also request an inspector review the PlN Work Health Safety Consultation Course 2013 Handout 1 Z

3 A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work A WHS entry permit holder is representative of a relevant union of the workers for the purpose of consultation on work health and safety matters with, and provides advice on those matters to, one or more relevant workers who wish to participate in the discussions Structure rleans anything that is constructed, whether fixed or moveable, temporary or permanent, and includes: buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and any component or part of a structure Plant includes: any machinery, equipment, appliance, container, implement and tool; and any component of any of those things; and anything fitted or connected to any of those things Substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour Notifiable incident means: a) the death of a person; or b) a serious injury or illness of a person; or c)' a dangerous incident Serious injury or il[ness of a person means an injury or illness requiring the person to have: a) immediate treatment as an in-patient in a hospital; or b) immediate treatment for: the amputation of any part of his or her body; or a serious head injury; or a serious eye injury; or a serious burn; or the separation of his or her skin from an underlying tissue (such as degloving or scalping); or a spinal injury;or the loss of a bodily function; or serious lacerations; or medical treatment within 48 hours of exposure to a substance, and any other injury or illness prescribed by the regulations but does not include an illness or injury of a prescribed kind c) i ii iii iv v vi vii viii Work Health Safdy Consultation Course 2013 Handout ', "3

4 A dangerous incident means an incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person's health or safety emanating from an immediate or imminent exposure to: a) an uncontrolled escape, spillage or leakage of a substance; or b) an uncontrolled implosion, explosion or fire; or c) an uncontrolled escape of gas or steam; or d) an uncontrolled escape of a pressurised substance; or e) electric shock; or 0 the fall or release from a height of any plant, substance or thing; or g) the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations; or h) the collapse or partial collapse of a structure; or i) the collapse or failure of an excavation or of any shoring supporting an excavation; or i) the inrush of water, mud or gas in workings, in an underground excavation or tunnel; or k) the interruption of the main system of ventilation in an underground excavation or tunnel; or l) any other event prescribed by the regulations, but does not include an incident of a prescribed kind Work Health Safety Consultation Course 2013 Handout 1

5 Duty Holders Duties are not transferrable - they cannot be delegated to another person ' A person can have more than one duty eg a PCBU manufacturing plant has duties as a manufacturer, and duties as a PCBU to their own workers ' More than one person can have the same duty Where this happens, each person is required to carry out their duty to the extent they have the capacity to influence and control the matter ' Where a person has a duty to ensure health and safety, this means they are required to: o Eliminate risks to health and safeiy as far as reasonably practicable; Or, if this is not possible: o Minimise the risks to health and safety so far as is reasonably practicable Primary duty of care: A PCBU has the primary duty of care to ensure the health and safety of workers while they are at work in the business or undertaking A PCBU is also responsible for ensuring work carried out does not carry risk to the health and safety of others This means the PCBU must: Provide and maintain a safe work environment; Provide and maintain safe plant and structures; Provide and maintain safe systems of work; ' Ensure the safe use, handling and storage of plant, structures and substances; Provide adequate facilities (and ensure access is maintained); Provide instruction, training, information and supervision; and Monitor the health of workers and conditions at the workplace The PCBU of the workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising irom the workplace are without risks to the health and safety of any person The PCBU must ensure, so far as is reasonably practicable, that the fixtures, fittings and plant are without risks to the health and safety of any person A PCBU in relation to plant, substances or structures that are to be used, or could reasonably be expected to be used, as, or at, a workplace must ensure that the design, manufacture, impori or supply is without risk to health and safety of persons who may be affetted This includes provision of relevant information Work Health Safety Consultation Course 2013 Handout 2 ;

6 The PCBU must ensure that the installation, construction or commission is without risk to health and safety of persons who may be affected by these activities Where a PCBU has a health and safety duty, an officer of the PCBU is required to exercise 'due diligence'to ensure the PCBU meets that duty Due diligence means taking reasonable steps: To gain and update knowledge of WHS matters; To understand the nature of the business/undertakings operations and the general hazards and risks involved; To ensure the PCBU has appropriate resources for eliminating/minimizing risks, and that these resources are actually used; To ensure the PCBU has processes for receiving, reviewing and responding to information about incidents, hazards and risks; and To ensure the PCBU implements processes for complying with their duties, such as: Consultation; Providing training and instruction; and Reporting of notifiable incidents o o o Take reasonable care for your own safety; Take reasonable care to ensure your acts or omissions do not adversely affect the health and safety of others; Comply with reasonable instructions from the PCBU to assist them in complying with the WHS Act;and Co-operate with policies or procedures relating to health and safety that the workers have been notified of ' Ensure their own health and safety (as far as reasonably practicable) while at work Self-employed persons are also considered to be PCBUs Take reasonable eare for their ovrrn safety; Take reasonable care to ensure their acts or omissions do not adversely affect the health and safety of other persons; and Comply with any reasonable instructions from a PCBU Work Health Safety Consultation Course 2013 Handout 2 6

7 1 Any party to the issue may commence the procedure by informing each other party: (a) that there rs an rbsue to be resolved, and (b) the nature and scope of the issue 2 As soon as parties are informed of the issue, all parties must meef or communicate with each other to attempt to resolve the issue 3 The parties must have regard to all relevant matters, including the following: (a) the degree and immediacy of risk to workers or other persons affected by the issue, (b) the number and location of workers and other persons affected by the issue, (c) the measures (both temporary and permanent) that must be implemented to resolve the issue, (d) who will be responsible for implementing the resolution measures 4 A party may, in resolving the issue, be assisted or represented by a person nominated by the party 5 lf the issue is resolved, details of the issue and its resolution must be set out in a written agreement if any party to the issue requests this 6 lf a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue 7 A copy of the written agreement must be given to: (a) all parties to the issue, and (b) if requested, to the health and safety committee for the workplace 8 To avoid doubt, nothing in this procedure prevents a worker from bringing a work health and safety issue to the attention of the worker's health and safety representative Note, Under the Aot, partie$ fo an issue include not otnly a persgn conducting a busrness or undertaking, a worker and a health and safety representative, bit also representatives of these persons (see secfrb n 80 of the 2013 The Association of lndependent Schools of New South Wales Limited Handout 4 7

8 Incident Notification 1) The person with management or control of a workplace at which a notifiable incident has occurred must ensure so far as is reasonably practicable, that the site where the incident occurred is not disturbed until an inspector arrives at the site or any earlier time that an inspector directs 2) s) ln subsection 1 ) a reference to a site includes any plant, substance, structure or thing associated with the notifiable incident Subsection 1) does not prevent any action: a) to assist an injured person, or b) to remove a deceased person, or c) that is essential to make the site safe or to minimise the risk of a further notifiable incident, or d) that is associated with a police investigation, or for which an i or the requlator has lncidents that require notice to be given under the WHS Act MUST be notified IMMEDIATELY by the fastest means available, which can be phone, or in writing (such as fax, or other eleckonic means) tt it is by phone this must be followed up within 48 hours in writing if WorkCover requests it A record of each notifiable incident for al least 5 years from the day that notice of the incident is given to the regulator Notifiable lncidents that require notification to WorkCover: ln this Act, notifiable rncidenf means: (a) the death of a person, or (b) a serious injury or illness of a person, or (c) a dangerous incident A serious iniury or illness of a person means an injury or illness requiring the person to have: (a) immediate treatment as an in-patient in a hospital, (an in-patient is a person who has been admitted to hospital and requires at least 1 overnight stay) or (b) immediate keatment for: (i) the amputation of any part of his or her body, or (ii) a serious head injury, or (iii) a serious eye injury, or (iv) a serious burn, or (v) the separation of his or her skin from an underlying tissue (such as degloving or scalping), or (vi) a spinal injury, or (vii) the loss of a bodily function, or (viii) serious lacerations, or (c) medical keatment within 48 hours of exposure to a substance, and includes any other injury or illness prescribed by the regulations but does not include an lllness or injury of a prescribed kind A dangerous incident means an incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person's health or safety emanating from an immediate or imminent exposure to: (a) an uncontrolled escape, spillage or leakage of a substance, or (b) an uncontrolled implosion, explosion or fire, or (c) an uncontrolled escape of gas or steam, or (d) an uncontrolled escape of a pressurised substance, or (e) electric shock, or (f) the fall or release from a height of any plant, substance or thing, or (g) the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations, or (h) the collapse or partial collapse of a structure, or (i) the collapse or failure of an excavation or of any shoring supporting an excavation, or fi) the inrush of water, mud or gas in workings, in an underground excavation ortunnel, or (k) the interruption of the main system of ventilation in an underground excavation or tunnel, or (l) any other event prescribed by the regulations, but does not include an incident of a prescribed kind See a/sc also WorkCover Guide to WHS incioei Work Health Safeiy Consultation Course 2013 Handout 5 o 6