PEOP-048 OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT SYSTEM FOR ENZED FRANCHISES

Transcription

1 OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT SYSTEM FOR ENZED FRANCHISES 01 November This Occupational Health & Safety Management System (OHSMS) is a guide only to managing occupational health and safety in Enzed franchises and no person should rely solely on the contents of this system when managing occupational health and safety within their business and its workplaces. The OHSMS is distributed with the understanding that Parker Hannifin is not responsible for the results of any actions taken by an Enzed franchise, franchised hose doctors and other Enzed contractors on the basis of any information contained in this document, nor for any errors or omissions. The OHSMS is based on information provided by state authorities at the time of writing, July,. Occupational health and safety legislation is constantly being reviewed and changed by federal, state and territory governments. Each person in an Enzed franchise, franchised hose doctors and other Enzed contractors are responsible for workplace health and safety and they need to be diligent in keeping up-to-date with the responsibilities and requirements of the OHS legislation in their state or territory.

2 CONTENTS 1. ENZED SAFETY MANAGEMENT PLAN Introduction Enzed Safety Management Plan requirements Occupational health & safety policy Accountabilities & responsibilities Consultation & communication Hazard identification & risk assessment Personal protective equipment Safety equipment for service vehicles Fitness for work Fatigue management Alcohol & other drugs Smoking in the workplace Contractor management Job safety analysis, safe work method statements, safe operating procedures Training & development General rules for purchasing First aid plan Site emergency plan Reporting incidents and injuries Injury management & rehabilitation OHS for Hose doctors FORWARD TO ENZED OCCUPATIONAL HEALTH & SAFETY MANAGEMENT SYSTEM OCCUPATIONAL HEALTH & SAFETY POLICY Objectives OHS Policy for Franchises Safety responsibilities and accountabilities at Enzed franchises Specific OHS objectives and example OHS action plan for Enzed franchises Legislative requirements 16 Attachment: 1. Occupational health & safety policy 4. CONSULTATION AND COMMUNICATION Consultation in the workplace Statutory requirements for workplace consultation 23 Attachment: 2. OHS consultation statement 5. HAZARD & RISK MANAGEMENT Hazard identification, risk assessment, and control of hazards 25 Page 2 of 71

3 CONTENTS Cont d 5.2 Safe operating procedures (safe work method statements) Alcohol and other drugs in the workplace Smoking in the workplace Biological hazards Working with plant, equipment, tools Electrical safety Personal protective equipment Housekeeping Hazardous substances Manual handling and ergonomics Violence in the workplace Building management Children at the workplace 48 Attachments: 3. Risk assessment table 4. Hazard summary sheet 5. Hazard identification, risk assessment & control work sheet 6. Writing a Safe Work Method Statement 7. NSW electrical equipment inspection checklist 8. Dangerous goods, hazardous substances & MSDS register 9. Reading labels & material safety data sheets 10. Safe manual handling checklist 11. Workstation checklist 12. Incident & work related illness report 6. CONTRACTING & PURCHASING Safety for contractors Safe purchasing EMERGENCY PREPAREDNESS First aid Fire in the workplace Site emergency plan Evacuation of the workplace INSTRUCTION & TRAINING Objectives Training requirements Induction requirements Qualifications, licences & competencies 58 Page 3 of 71

4 CONTENTS Cont d 9.0 INSPECTION, MONITORING & RECORDS MANAGEMENT Workplace inspections Reporting hazards, incidents and injuries OHS Reporting Records and records management 60 Attachments: 13a. NSW injury & illness reporting requirements 13b. Victoria incident notification information 13c. Queensland incident notification form notes 13d. Queensland definition information 13e. Queensland incident notification form 13f. SA early claim flyer 13g. WA notification of injuries & diseases 13h. WA notification of injuries form 10.0 CORRECTIVE ACTION Objectives Definitions Responsibilities When an incident occurs reporting & control Immediately following an incident Incident investigation procedures INJURY MANAGEMENT & REHABILITATION Enzed s committment Procedures for action when injury occurs Consultation Disputes Review of the return to work policy Requirements for Principal Contractors in NSW 69 Attachments: 14. Return to work policy 15 Subcontractor s Statement Regarding Workers Compensation 12.0 OHS FOR HOSE DOCTORS SUPPORTING MANAGEMENT SYSTEM DOCUMENTS 70 APPENDICES 1.0 OHS Checklist for Service Centres 2.0 OHS Checklist for Hose Doctors Page 4 of 71

5 1.0 ENZED SAFETY MANAGEMENT PLAN 1.1 Introduction This Enzed Safety Management Plan (SMP) is a quick summary guide to understanding how Enzed franchises are expected to manage the health, safety and welfare of their employees, contractors, visitors and others at Enzed franchise facilities and whilst working off-site. It can be used by small franchises and contractors, such as hose doctors, to gain an overview understanding of their main OHS responsibilities and the principles involved in managing OHS. However, the Occupational Health and Safety Management System (OHSMS) for Enzed franchises which follows this summary guide should be read to fully understand how Enzed Franchises must systematically manage workplace health and safety. It should be noted that the Enzed OHSMS is also itself a summary of the legislative requirements for managing occupational health and safety in Enzed franchises and no person should rely solely on the contents of this system when managing occupational health and safety within their business and its workplaces. The Enzed SMP and OHSMS are based on information provided by state authorities at the time of writing, July,. Occupational health and safety legislation is constantly being reviewed and changed by federal, state and territory governments. Each person in an Enzed franchise, franchised hose doctors and other Enzed contractors are responsible for workplace health and safety and they need to be diligent in keeping up-to-date with the responsibilities and requirements of the OHS legislation in their state or territory. The SMP and OHSMS are distributed with the understanding that Parker Hannifin is not responsible for the results of any actions taken by the employees of Enzed franchises, franchised hose doctors and other Enzed contractors on the basis of any information contained in these documents, nor for any errors or omissions. 1.2 Enzed Safety Management Plan Requirements Occupational Health & Safety Policy It is the policy of this Enzed franchise to provide and maintain the required standards of safety, for our employees, contractors, customers and individuals who may be affected by our activities. We are committed to ensuring that all our employees are aware of their health and safety responsibilities and the contribution every employee is required to make to provide a safe working environment. In all areas of our operations, we will provide and maintain: High standards of safety management, with the objective of ensuring the health, safety and welfare at work of our employees, contractors, customers and persons not in the employ of the company. Page 5 of 71

6 Sufficient information, instruction, training and supervision to enable employees, contractors, customers and persons not in the employ of the company to meet the standards set. Hazard and risk assessments of all potentially hazardous activities. A consultation process with employees about matters affecting their health, safety and welfare. In all our operations, we will ensure that: We comply with health and safety legislation, Codes of Practice, Standards and safe working procedures relevant to where we are operating. All plant and substances which are provided, designed, specified or used by our company are safe and without risk to health. Employees are encouraged to propose ideas for improvements in Occupational Health and Safety matters and to report unsafe practices and conditions. This policy will be reviewed in accordance with changes in legislation, or when company operations require it. The owner(s) and directors of this franchise are accountable for the company s health and safety commitments, the owner(s) directors and managers are responsible for the implementation of those commitments and all our employees, franchised hose doctors, other contractors, visitors and others responsible for compliance to these commitments Accountabilities & Responsibilities All employees, franchised hose doctors, other contractors, visitors and others who are at an Enzed franchise workplace have a responsibility to ensure their own safety and the safety of others around them. All employees, franchised hose doctors, other contractors, visitors and others must, where required by law, familiarise themselves with their requirements under OHS legislation and any requirements set down by the Enzed OHSMS or this SMP or any other policy or procedure designed to improve health & safety at Enzed workplaces Consultation & Communication Enzed Franchises will ensure that consultative arrangements, as required under state and territory OHS legislation, are established and will take the form of one or a combination of the following: The election of one or more OHS representatives. Other arrangements agreed by a franchise and its employees. Enzed management provides a number of informal and formal channels for consultation and communication. The channels include but are not limited to toolbox talks; site safety meetings; notice boards; the reporting of hazards and incidents; the processes for hazard identification and risk assessment, job safety analysis, the development of safe work method statements and safe operating procedures, training and workplace inspections. Page 6 of 71

7 1.2.4 Hazard Identification and Risk Assessment A hazard is anything that is likely to injure a person or harm a person s health. Health and safety legislation in all states and territories requires that employers in consultation with employees identify all potentially hazardous situations which could result in any person in the workplace being harmed. Once a hazard has been identified, the service centre manager/supervisor must, in consultation with employees (or their representative), determine how likely it is that someone could be harmed by the hazard and what the consequence of the resulting injury or illness could be. If the problem is obvious and the likelihood of injury and the seriousness of injury is thought to be high, act immediately to control the risk by using an interim short-term measure. Then do the research required to fully assess the risk and decide on solutions. All hazards that have been assessed should be dealt with in order of priority in one or more of the following ways: Eliminate the hazard Substitute the hazard with something else Isolate or enclose the hazard Use engineering solutions to remove the hazard Develop work methods to reduce the conditions of risk, eg: written Safe Operating Procedures Use Personal Protective Equipment (PPE) only as a last resort Hazard identification, assessment and control is an on-going process. Therefore, regularly review the effectiveness of your hazard assessment and control measures Personal Protective Equipment As a minimum, all Enzed employees must wear relevant PPE that complies with Australian Standards. Around Enzed sites, the minimum PPE requirements are displayed where appropriate. Whilst working off-site, adherence to each site s requirements are to be based on site signage and confirmation of the requirements by the site supervisor and/or the safe work method statement, safe operating procedure, job safety analysis or material safety data sheet that must be followed for the job or task. Each Enzed service vehicle is to carry as a minimum a hardhat, safety glasses, steel cap boots, hearing protection, sunscreen and reflective apparel. Contractors should supply their own PPE and they may be asked to leave Enzed sites if their PPE does not meet Enzed requirements Safety Equipment for Service Vehicles It is highly recommended that each Enzed service vehicle carry a rotating orange beacon light for use when servicing vehicles or equipment in hazardous situations. The light (portable or fixed) should be placed on the roof of the service vehicle. Page 7 of 71

8 1.2.7 Fitness for Work Both Enzed management and employees have a responsibility for ensuring that they are fit for the work they must undertake. Please read the requirements for fatigue management and alcohol & other drugs Fatigue Management Individuals have a responsibility to ensure that they manage their own levels of fatigue and not turn up to work so fatigued that they may endanger themselves of others. Enzed managers must ensure that persons are not unduly fatigued during the course of their working at Enzed workplaces Alcohol & Other Drugs This requirement of the OHSMS states that persons are not allowed work under the influence of alcohol or other drugs. Supervisors are required to observe workplace behaviour to ensure persons are not under the influence of alcohol or other drugs. Supervisors must stop any person suspected of being under the influence from working and report them to their Enzed manager. The Enzed Manager has discretional power to ask an individual to leave site. Termination of the franchise agreement or a breach of the agreement with a view to termination may take place where a franchise owner or employee of the franchise is asked to leave a franchise work site or work site of a customer, or is convicted or loses their licence due to drug or alcohol consumption Smoking in the Workplace Specific smoking areas shall be designated by Enzed franchises where smokers may smoke. Enzed managers and supervisors shall ensure that all employees, franchised hose doctors, other contractors and visitors are aware of Enzed s smoking policy and that no smoking signs are placed, where appropriate, in Enzed s workplaces Contractor Management All contractors, especially franchised hose doctors, must comply with the Enzed OHSMS requirements as if they were a full time Enzed employee Job safety Analysis, Safe Work Method Statements, Safe Operating Procedures A Job Safety Analysis, Safe Work Method Statement or Safe Operating Procedure is a written safe system of work. It is a described method of operating a piece of machinery or plant or of undertaking a task. It takes account of all the hazards and risks involved, the legislative requirements and training required for doing the job. When completed and understood by employees, it minimises the risk to employees and others from being injured or hurt by work activities. Managers and supervisors at Enzed franchises are to ensure that Safe Operating Procedures are developed in consultation with employees for all hazardous activities undertaken in Enzed workplaces. All employees are to be trained according to the SOP and are to sign the SOP when they understand and can completely undertake the task. Page 8 of 71

9 Where contractors are employed to do a job at an Enzed franchise, it is mandatory that they provide a Safe Work Method Statement (SWMS) for all major works that they are involved in Training & Development All Enzed employees, franchised hose doctors and other contractors must be provided with required training prior to starting their job and then be provided with ongoing training that ensures they maintain competence in the task/s that they must undertake. Training records must be maintained for the duration of a person s employment with Enzed and then for an additional six years. The main training forums include, but are not limited to induction training; SMP/OHSMS training; competency based training; task specific training (JSA/SWMS/SOP), required training courses General Rules for Purchasing Prior to the purchase of any equipment or materials, an assessment should be made of the existing hazards in the current work situation. Efforts should be made to identify and obtain equipment or materials, which will eliminate or reduce existing hazards. Any potential hazards associated with the new items, including ergonomic considerations, and the means for controlling the hazards should be identified and documented. The purchasing specification should include specific requirements for the reduction, control and (where possible) elimination of hazards and should nominate the relevant sections of any relevant legislation, Australian Standard and any other references. Suppliers of equipment, goods and materials must be required to provide full documentation related to any known work hazards that may be present or introduced and the means of controlling them. Where appropriate, this must include MSDSs, operating instructions and training for the employees prior to start up. No chemicals are to be brought into the workplace without the appropriate MSDS first being supplied First Aid Plan Each franchisee must have a first aid plan. The plan must state: The number of first aiders required to cover the worksite, including names and contact details. The specific training requirements for first aiders. The emergency response procedures for first aiders. First aid kits and their management requirements. First aid recording and reporting system. Important contact numbers eg. emergency telephone, Poisons Information Centre, local hospitals, clinics Site Emergency Plan Each franchisee shall develop a Site Emergency Plan. The plan will show the: General lay out of the site. Position of all buildings, plant, utilities, normal entrances and exits. Position of fire alarm points, exit doors and fire protection equipment. Page 9 of 71

10 Location of the evacuation assembly areas. The location of fire fighting equipment. The telephone number of the fire brigade, ambulance and police. The plan shall be displayed prominently on notice boards, near major stairways, lifts and fire exits. In the case of leased premises shared with other tenants, the site emergency plan will form part of the relevant site emergency plan for the premise in which the franchise s workplace is situated. The site emergency plan will operate when a workplace has to be evacuated due to fire or other emergency situation Reporting Incidents and Injuries All incidents must be reported by employees, contractors and visitors to their supervisor, or to the person in charge of the visitor, as soon as practicable after the incident, but not later than before the end of the day or shift. This includes all vehicle accidents and incidents at customer s premises. All managers/supervisors MUST report all incidents on the Enzed Incident and Work Related Illness Report within 24 hours after an incident. The service centre manager will ensure that the state or territory OHS Regulatory Authority and their Workers Compensation Insurer is advised of the required details of any serious incidents to workers and non workers in accordance with legislative requirements. Where injury has occurred, immediate treatment should be given by the first aider on site, and where required, arrangements made for medical treatment and/or transportation to hospital. In the case of serious injuries an ambulance or other similar emergency aid should be sought without delay. In the event of a serious incident involving injury or work-related illness (e.g. death, amputation, loss of consciousness) the service centre manager must be immediately notified. In the case of a serious incident involving a non-disturbance occurrence the OHS Regulatory Authority must be notified immediately by telephone. Notification to the OHS Regulatory Authority should be undertaken by the service centre manager. The scene of the incident is to be left undisturbed until an inspector from the Regulatory Authority or police officer has given approval for clean up, or re-commencement of activities. If person(s) are at risk, rescue action will have to be taken, before approval by the authorities has been granted, in which case the scene should be recorded with photographs and sketches. A Workers Compensation Claim Form should be completed for all work related injuries or illnesses where medical treatment has been provided by a doctor. The franchise must conduct an investigation and determine how to prevent the incident from re-occurring. After the investigation, the service centre manager must discuss with employees in the work area concerned, the causes of the incident and measures being taken to prevent it happening again. The OHS Representative should review the outcomes of the investigation and monitor implementation of corrective actions. Page 10 of 71

11 Injury Management & Rehabilitation Each Enzed franchise is committed to: Preventing injury and illness by providing a safe and healthy work environment. This is to be achieved by adopting a risk management approach to eliminate or control workplace hazards. Ensuring that injury management activities commence as soon as possible after the injury and every effort is made to provide suitable and meaningful duties consistent with the nature of the injury/illness, after seeking appropriate medical advice. Providing support through the return to work process to minimise the effects of the injury and to ensure that an early return to work is a normal practice and expectation. Providing suitable duties and/or employment for an injured employee as soon as possible as an essential part of the return to work process. Consulting with employees and the trade to ensure that our return to work program operates effectively. Ensuring that participation in a return to work program will not, of itself, disadvantage an employee in regard to their normal rights. 1.3 OHS for Hose Doctors Franchised hose doctors are independent Pty Ltd companies who contract directly with Enzed franchises to perform repair and maintenance work on high pressure hoses and fittings at customer s work sites. As independent companies they are subject to the same health and safety legislation in Australian states and territories as any other company who operates in that state and territory, which includes all Enzed Franchises and Parker Hannifin. Such legislation is found in OHS Acts and Regulations and Mining Acts and related Regulations. Additionally, because franchised hose doctors operate under an agreement and carry the Enzed brand, they must also comply with any additional OHS requirements which are stipulated by the franchise to whom they are contracted. The franchise must in turn comply with the OHS requirements stipulated by Parker Hannifin, the franchisor. Hose doctors who are employees of a franchise have OHS responsibilities as described in OHS legislation and as summarized in this SMP and OHSMS. Page 11 of 71

12 2.0 FOREWORD TO ENZED OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT SYSTEM (OHSMS) This Occupational Health and Safety Management System is designed to help Enzed Franchises to systematically manage workplace health and safety. The contents have been developed around Australian Standard AS 4804 Occupation Health and Safety Management Systems General guidelines on principles, systems and supporting techniques. The Safety Management System focuses on the implementation of simple safety management requirements and controls which have proven successful in controlling accidents and preventing injuries. This Occupational Health & Safety Management System (OHSMS) is a guide only to managing occupational health and safety in Enzed Franchises and no person should rely solely on the contents of this system when managing occupational health and safety within their business and its workplaces. The OHSMS is distributed with the understanding that Parker Hannifin is not responsible for the results of any actions taken by an Enzed franchise, franchised hose doctors and other Enzed contractors on the basis of any information contained in this document, nor for any errors or omissions. The OHSMS is based on information provided by state authorities at the time of writing, July,. Occupational health and safety legislation is constantly being reviewed and changed by federal, state and territory governments. Each person in an Enzed franchise and every Enzed contractor is responsible for workplace health and safety and they need to be diligent in keeping up-to-date with the responsibilities and requirements of the OHS legislation in their state or territory. Page 12 of 71

13 3.0 OCCUPATIONAL HEALTH & SAFETY POLICY 3.1 Objectives This Occupational Health and Safety Policy for Enzed franchises describes the commitment of all Enzed franchises to providing safe and healthy working conditions for all employees, contractors and visitors. It outlines the steps that will be taken to meet these commitments. The Policy provides the framework on which to build the Occupational Health and Safety Management System for Enzed Franchises. 3.2 OHS Policy for Franchises (See Attachment 1) It is the policy of to provide and maintain the required standards of safety, for our employees, contractors, customers and individuals who may be affected by our activities. We are committed to ensuring that all our employees are aware of their health and safety responsibilities and the contribution every employee is required to make to provide a safe working environment. In all areas of our operations, we will provide and maintain: High standards of safety management, with the objective of ensuring the health, safety and welfare at work of our employees, contractors, customers and persons not in the employ of the company. Sufficient information, instruction, training and supervision to enable employees, contractors, customers and persons not in the employ of the company to meet the standards set. Hazard and risk assessments of all potentially hazardous activities. A consultation process with employees about matters affecting their health, safety and welfare. In all our operations, we will ensure that: We comply with health and safety legislation and related Codes of Practice, Australian Standards and safe working procedures relevant to where we are operating. All plant and substances which are provided, designed, specified or used by our company are safe and without risk to health. Employees are encouraged to propose ideas for improvements in Occupational Health and Safety matters and to report unsafe practices and conditions. This policy will be reviewed in accordance with changes in legislation, or when company operations require it. The Directors of are accountable for the company s health and safety commitments, the Directors and managers are responsible for the implementation of those commitments and all our employees, contractors and visitors are responsible for compliance to these commitments. Page 13 of 71

14 3.3 Safety Responsibilities and Accountabilities at Enzed Franchises The aim of this section is to describe the responsibilities and requirements that Directors, managers/supervisors, employees, contractors, OHS Representatives and visitors/customers have in managing health and safety at an Enzed franchise workplace. Directors Are responsible for doing all that is reasonably practicable to ensure that their business complies with required statutory OHS requirements. Ensure that there is an effective policy for occupational health and safety and that the responsibilities of the policy are fully understood and carried out by all employees. Ensure that effective consultation takes place on occupational health and safety matters which may affect any or all employees, contractors and visitors. Delegate responsibilities for occupational health and safety matters to managers, and others in the organisation as appropriate and ensure that they are effectively trained and instructed to undertake those responsibilities. Ensure that occupational health and safety is a prime consideration in all forward planning. Actively promote health and safety through visible management commitment. All Managers & Supervisors All managers and supervisors are held accountable for the OHS performance of their respective workplaces. They have responsibilities to: Implement the OHS Policy. Consult with employees on workplace health and safety practices. Identify, assess and control risks to health and safety arising from the operations of their area, using a risk management approach. Provide adequate training, information, instruction and supervision to all employees. Make contractors and visitors aware of any required OHS policies and procedures. Record and report all accidents and incidents. Investigate all accidents and incidents to determine factors that contributed to them. Inform and train staff in evacuation procedures. Give visible commitment and support to all aspects of the OHS Management System. Ensure that regular inspections of plant and equipment are carried out and necessary records are kept. Ensure that all areas under their control are maintained in a condition that is safe and without risk to health and that any defective plant, equipment or facilities are reported and, where necessary, isolated and de-energised and taken out of use until repaired or replaced or other appropriate action is taken. Employees All employees are required to: Follow policies, safety procedures, instructions and training to enable them to work without adversely affecting their own health and safety or that of others. Page 14 of 71

15 Report all matters that may affect workplace health and safety to their manager/supervisor. Operate equipment in the way it is designed to be used. Use personal protective equipment provided. Report all faulty or unsafe equipment to their managers/supervisor. Take action to avoid, eliminate or minimize hazards. Report all incidents and accidents and associated damage, whether persons are injured or not. Record any hazard that cannot be immediately fixed in the Hazard Record Sheet located in their workplace. Contractors All contractors are required to: Follow policies, safety procedures, instructions and training to enable them to work without adversely affecting their own health and safety or that of others. Attend any required OHS training. Report all matters that may affect workplace health and safety. Operate equipment in the way it is designed to be used. Use personal protective equipment provided. Report all faulty or unsafe equipment to the service centre manager. Take action to avoid, eliminate or minimize hazards. Report all incidents and accidents and associated damage, whether persons are injured or not, to the service centre manager. Record any hazard that cannot be immediately fixed in the franchise Hazard Record Sheet. OHS Representatives OHS Representatives are responsible for: Supporting the implementation of a risk management system. Facilitating consultation on OHS matters. Immediately reporting to the service centre manager any issues which may affect the safety and welfare of employees. Being an observer, as required, during any formal investigation of an accident or incident that is required to be notified to the OHS regulatory authority (such as WorkCover or Worksafe). Being an observer, as required, during any formal report by an inspector from an OHS regulatory authority in connection with the OHS of the workgroup. Carrying out workplace inspections. Visitors/Customers Visitors and customers are responsible for following and co-operating with the requirements of the franchise OHS Management System. Page 15 of 71

16 3.4 Specific OHS Objectives and Example OHS Action Plan for Enzed Franchises OHS Objectives By making safety a prime responsibility of all who work within and for an Enzed franchise, each franchise and contractor to the franchise should aim to achieve the following objectives (which in turn link directly to the franchise s OHS Policy): An injury free workplace. Meaningful and effective consultation about matters that may affect employees health, safety and welfare so there is greater understanding about the reasons for injury and ways of removing or reducing the risk of injury. The implementation of a process for hazard identification, risk assessment and control of solutions for all potentially hazardous activities, plant and substances. The implementation of safe systems of work for all employee, contractor and visitor activities. Employees and contractors knowing and understanding their health and safety responsibilities. The implementation of an effective OHS Management System containing safety instructions, safety systems and safety procedures. The provision of induction and safety training for all new employees and contractors. The identification of health and safety training needs for all employees and contractors and the design and implementation of effective training programmes to meet those needs. The regular evaluation of the safety performance of the franchise and its contractors. OHS Action Plan The aim of an OHS Action Plan is to develop and document some explicit goals for a 12 month period which work towards achieving the above objectives. The action plan should show the goal, i.e. what is to be achieved, by what course of action and by when. This action plan should be developed by the franchise in conjunction with the franchise s employees and contractors, especially hose doctors. 3.5 Legislative Requirements Objectives The objectives of this section are: To provide guidelines for compliance with all health and safety legal requirements relevant to Enzed franchises around Australia. To clarify the requirements of the different state and territory OHS legislation and to define some of the terminology. To establish the minimum OHS standard with which Enzed franchises will comply Conformance Responsibilities The Enzed OHS Management System sets broad standards of OHS conformance for all Enzed franchises and their workplaces in Australia. Specific conformance requirements may vary between states and territories and it is the responsibility of each Enzed franchise in each Page 16 of 71

17 state and territory to ensure their own conformance. The responsibility for OHS conformance remains a line of management responsibility within each Enzed franchise The Legislative Framework An Occupational Health and Safety Act The Occupational Health and Safety Act in each state and territory provides broad guidelines for managing OHS in that state or territory. The Act is an umbrella for more detailed occupational health and safety legislation, usually found in OHS Regulations. In all states and territories of Australia, health and safety legislation places an absolute obligation on the employer to ensure the health, safety and welfare of persons at work. In general, this obligation also passes from the organisation to those people who manage and supervise its operations. Defences against breaches of the Act are very limited. Occupational Health and Safety Regulation(s) Occupational Health and Safety Regulations are a set of rules or detailed provisions specifying requirements for certain OHS undertakings, e.g. manual handling, asbestos removal, lead process, handling hazardous substances, etc. Each Regulation often provides general statements of obligation that place emphasis on approved Advisory Standards or Codes of Practice. Breaches of the Regulations can lead to prosecutions. Advisory Standards and Codes of Practice Advisory Standards and Codes of Practice are not legislation as such, but have parliamentary backing. They give practical guidance on how the required standard of health and safety can be achieved in an area of work or when dealing with a specific health and safety hazard or issue. There is generally an obligation to follow the preferred method or stated course of action in the standard or code unless there is another solution, which achieves the same or a better standard of health and safety. Failure to comply with the requirements of an Advisory Standard or Code of Practice is not an offence in itself, but can be used as evidence by regulatory authorities in any action related to a breach of an Act or Regulation. Advisory Standards and Codes of Practice give more details on how to comply with Acts and Regulations, e.g. manual handling, first aid, hazardous substances, workplace amenities, working at heights, asbestos, synthetic mineral fibres, etc. Australian Standards Australian Standards, are accepted as authoritative documents, but have no legal standing of their own. However, specific standards may be called up by legislation and given similar standing to Regulations, Advisory Standards or Codes of Practice. Standards contain large amounts of specific detail about equipment and practices and are a valuable reference when Regulations and Codes of Practice do not exist. Managers must be familiar with the standards that apply to their workplaces. Duty of Care Under common law there is an obligation placed on all people to care for the interests of others. Under health and safety legislation, an employer s duty of care is a legal duty to take reasonable care for the safety of employees in all the circumstances of employment. It extends to everyone at an employer s workplace, including contractors, their employees and Page 17 of 71

18 any other third party such as visitors. An employer has a duty of care to provide: x Safe premises. x Safe plant. x Safe systems of work. Consideration of whether there has been negligence of duty of care in law takes into account some of the following points: x The foreseeability of loss or injury. x Whether practical means of avoiding or lessening the risk are available and if they have been adopted. x Identification, assessment and control of hazards and risks. x Evidence of safe systems of work. Provision of supervision by responsible personnel to monitor and maintain compliance. x Evidence that instruction and training has been given to employees and others to ensure health and safety risks, and the controls to minimise or eliminate these risks are understood. Consideration of the physical and mental demands of the job and a person s ability to meet those requirements. Ensuring equipment and tools used are in good condition and suitable for the job. Implications of the Legislation Courts may impose severe penalties for breaches of the legislation, not only on the organisation but also on individuals. The object of such penalties is to raise the standard of workplace health and safety. The following list is intended as a reminder of the obligations of the legislation: An employer must take responsibility for employees safety and ensure their health, safety and welfare at work. The employer must also ensure that persons not in its employment are not exposed to risks to their health and safety. This includes responsibilities to contractors and visitors. Penalties for employers can be very heavy. Those employees directly involved in any workplace accident and those responsible for supervision or management of a workplace may also be liable under the law. Offences, which are repeated, can bring much higher penalties than the first offence. There are imprisonment penalties for some offences. Management is responsible for ensuring that they know what legislation applies to their operation. Ignorance of the law s requirements is not a defence. Under OHS legislation, there does not have to be an accident or injury for prosecution to succeed against an employer where the statutory duty has been breached. That is, the legislation can be used to prevent accidents and injuries and improve the safety of workplaces. Page 18 of 71

19 There is a liability if incident/accident was considered to be foreseeable. If an accident occurs and steps are then taken which would have prevented it, then it will be difficult to deny that the accident was foreseeable. It is extremely difficult to successfully defend a prosecution because the various acts and regulations impose a very high duty of care. Actions Necessary to Achieve Conformance with OHS Legislation Keep up to date with health and safety developments as legislation is continually changing with new Regulations, Advisory Standards and Codes of Practice being introduced. Ignorance is no defence. Frequently take a look at machinery, work methods, storage, etc. and ask whether there is anything which can be improved to avoid possible danger. Ensure that there are procedures in place for employee involvement in OHS, e.g. OHS meetings. Employees should recognise hazards in the workplace, report them and moreover, generally know how to fix them. Frequently review the health and safety training of employees to ensure that people understand their responsibilities and the businesses safety requirements. If something is likely to cause an accident - fix it. Prosecutions frequently focus on lack of written safe operating procedures or safe work method statements, lack of documented OHS training and inadequate supervision. Make sure those systems are in place at your work area. If an employee or contractor refuses to wear safety equipment or to follow safe practices, be prepared to use disciplinary procedures and follow the matter through until conformance is achieved. Check that any physical disability or illness suffered by an employee does not heighten the risk of further illness or injury. Check that employees are able to read any written information, notices or signs. If there is any difficulty understanding the information, or where employees have English as a second language, provision must be made to communicate effectively with these people. 4.0 CONSULTATION & COMMUNICATION 4.1 Consultation in the Workplace Objectives To enable employees in Enzed Franchises and their contractors to contribute to the decisions affecting their health, safety and welfare at work. To ensure that there is meaningful and effective consultation with employees and contractors about matters that may affect their health, safety and welfare. To achieve reduced workplace injury and disease by involving employees and contractors in developing and implementing safer and better ways of working. Page 19 of 71

20 4.1.2 Definitions Consultative Process - participation and input to meaningful and effective discussion that draws on the knowledge, experience and ideas of employees, in order to improve the systems for managing OHS. Workplace any premises where persons work, any recognised or defined area, location or vehicle where employees conduct their duties. Workgroup - a workgroup, under state legislation, is a group of employees that are represented by a particular OHS representative. OHS Consultation Arrangements means the requirements imposed by legislation with respect to the election of an OHS Representative or the establishment of other agreed arrangements. Employees primarily refers to employees of the franchise. However, because of the special relationship that a franchise has with its franchised hose doctors, the principles of consultation also apply to these and other contractors Duty to Consult Enzed franchises will provide and maintain a forum for employees to regularly discuss and consult on occupational health and safety matters that may affect them. Through consultation, the organisation will become more aware of the hazards and OHS issues experienced by employees, and employees will able to contribute their ideas about how to solve health and safety problems Responsibilities Managers and Supervisors It is the responsibility of managers and supervisors to consult with employees about occupational health and safety: When changes that may affect employees health and safety are proposed to the: - premises where people work. - systems or methods of work. - plant used for work. - substances used for work. When assessing risks to employees health and safety arising from their work or when the assessment of those risks is reviewed. When deciding what measures should be taken to eliminate or control those risks. When introducing or altering the procedures for monitoring risks. When decisions are made about the adequacy of facilities for the welfare of employees and when proposed changes to premises may affect the welfare of employees. Managers and supervisors are to seek the views of employees before decisions are made about the resolution of OHS and welfare issues at their workplace Establishing Consultative Arrangements Enzed Franchises will ensure that consultative arrangements, as required under state OHS legislation, are established and will take the form of one or a combination of the following: Page 20 of 71

21 The election of one or more OHS representatives. Other arrangements agreed by a franchise and its employees and contractors. In determining which consultative arrangement best enables the organisation to meet its consultative requirements the following criteria must be met: The arrangement must meet the OHS statutory requirements of the state or territory in which the arrangement is to be established (refer to Table: Statutory Requirements for Workplace Consultation, Section 4.2). The arrangement must provide for the employer and employee to share relevant information that has implications for health and safety. Where elected OHS representatives are involved, the arrangement must allow sufficient time for them to gather the views of the employees they represent. The arrangement must ensure that employees views will be considered by the franchise management and will be taken into account, prior to decisions being made. The arrangement must consider how effective and meaningful consultation will be undertaken with employees from non-english speaking backgrounds. Workgroups A workgroup, is a group of employees that are represented by a particular OHS representative. Workgroups are to be determined so that the OHS representative is able to: Effectively represent the employees in each work area. Undertake regular, meaningful communication with the employees in the workgroup. It is not necessary to establish separate workgroups for different categories of employees, or for different areas of work in the same location. However, the diversity of employees and their work may require the establishment of more than one workgroup at a workplace to ensure meaningful and effective consultation. Each employee at the workplace must be included in a workgroup. In some states organisations are required by law to keep an up to date list of workgroups displayed in a prominent location at the workplace. (For more information, refer to Table: Statutory Requirements for Workplace Consultation, Section 4.2) OHS Representatives The purpose of an OHS representative is to provide a direct point of contact for individual employees about OHS matters and to represent employee interests when management raises OHS matters. The establishment of OHS representatives must comply with the following requirements: The OHS representative must be elected by the employees from the relevant workgroup that the person represents. In some states, health and safety legislation allows for only one OHS representative and one deputy OHS representative to be elected for each workgroup (refer to Table: Statutory Requirements for Workplace Consultation, Section 4.2) The OHS representative (and deputy) must be a member of the workgroup from which they have been elected. Page 21 of 71

22 The election must be conducted in a manner that is consistent with recognised democratic principles. All employees in a workgroup are entitled to vote for the OHS representative (and deputy). The identity of the elected OHS representative must be clearly displayed and communicated to the employees at the workplace. An OHS representative is elected for a period of at least 2 years. (Refer to Table: Statutory Requirements for Workplace Consultation, Section 4.2 for individual state requirements). A person elected as an OHS representative is eligible for re-election, for a further term. OHS representatives in some states (Victoria, A.C.T., S.A) have the power to issue a provisional improvement notice or default notice, to the management of an Enzed franchise where an OHS issue (hazardous situation) has not been remedied. Before issuing the notice, the OHS representative must consult with the person to whom the notice is to be issued. The improvement notice is to include measures which must be taken to remedy the situation. Where an improvement notice is issued, it is legally binding. A copy of the notice is to be given to the service centre manager, who is required to display a copy of the notice in a prominent position at the workplace and notify each employee or workgroup that is affected by the risk. In addition to the powers outlined above, OHS representatives in S.A and the A.C.T., have the power to direct employees to stop work where there is an immediate threat to health or safety. Other Agreed Arrangements Different consultation arrangements may be necessary in some workplaces of an Enzed franchise due to the diverse working arrangements that exist. For example, a work group of franchised hose doctors may arrange to consult directly with the service centre manager OHS Consultation Statement All Enzed franchises are to record their consultation arrangements in an OHS Consultation Statement. The statement is to be prepared in consultation with employees and must record the following: Enzed s commitment to protecting the safety and health of employees. The OHS consultation arrangements (including the relevant workgroup{s}where the consultation arrangements involve OHS representatives or Other Agreed Arrangements). How the OHS consultation arrangements were arrived at. How employees will be consulted about OHS. When and how the consultation arrangements will be reviewed. It may also cover: The role and responsibilities of management in regard to OHS. The role of the OHS representatives and participants in Other Agreed Arrangements. A procedure to resolve problems that may arise in relation to OHS matters. Page 22 of 71