WORK HEALTH AND SAFETY REFRESHER
LEARNING OUTCOMES Advice regarding legislative duties, rights and obligations WHSMS implementation and maintenance Identifying hazards; assessing risks; and developing, implementing and evaluating risk controls Actions and activities to contribute to incident investigations and reporting
THE STRUCTURE OF WHS LAW Diagram 1: The Legislation Pyramid (Source: www.safeworkaustralia.gov.au)
THE STRUCTURE OF WHS LAW The WHS Act covers all work situations and is state statutory law. It sets out in broad terms the obligations of duty holders, i.e. it spells out what duty holders must do WHS Regulations define in some detail how certain things are to be done the Regulations are also statutory law and must be followed Codes of Practice recommend best ways of reducing risks. Codes are not laws but they do set minimum standards and may be relied on when determining the state of knowledge of what is reasonably practicable in the circumstances to which the Code of Practice relates Australian Standards are not law unless they are referenced in the legislation. If they are referenced then they become law and must be followed Industry Standards provide advice and guidance to industry members about how to meet their obligations under the legislation Guidance material such as state regulator publications, also provide advice to duty holders on the application of the legislation and how duty holders are to meet their obligations
WHS DEFINITIONS PCBU: Person Conducting a Business or Undertaking. Worker: Means all persons conducting work at the organisation including employees, contractors, labour hire, student placements and volunteers. An Officer of a corporation is; A director or secretary A person who makes, or participates in making, decision that affects the whole or substantial part of the business. A person who has the capacity to affect significantly the financial standing
WHS DEFINITIONS Reasonably Practicable: which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including: (a) the likelihood of the hazard or the risk concerned occurring, and (b) the degree of harm that might result from the hazard or the risk, and (c) what the person concerned knows, or ought reasonably to know, about: (i) the hazard or the risk, and (ii) ways of eliminating or minimising the risk, and (d) the availability and suitability of ways to eliminate or minimise the risk, (e) After assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.
HEALTH AND SAFETY DUTIES In general terms, a person with a duty under the WHS Act is required to: Eliminate risk(s) Where elimination is not reasonably practicable, minimise those risks so far as is reasonably practicable
HEALTH AND SAFETY DUTIES PCBUs have a primary duty of care to ensure, so far as reasonably practicable, the health and safety of: Workers engaged directly or indirectly by the PCBU; Workers whose work activities are influenced or directed by the PCBU; and Other persons present where work activities are being conducted
HEALTH AND SAFETY DUTIES An officer of the PCBU must exercise due diligence to ensure the PCBU complies with their duties or obligations. Directors or officers of a PCBU also owe obligations in some states as an occupier of a workplace or a person in control of a workplace.
HEALTH AND SAFETY DUTIES Workers are required to: Take reasonable care for their own health and safety Take reasonable care to ensure acts/omissions do not adversely affect others health and safety Comply with reasonable instructions of the PCBU Co-operate with policy or procedures of the PCBU
OFFENCES AND PENALTIES Category 1 Reckless Conduct Individuals as a PCBU or Officers of a PCBU: $600k / 5 years jail Other Individuals : $300k / 5 years jail The prosecution bears the burden of proving that the conduct was engaged in without reasonable care. A Category 1 offence is a crime Category 2 Breach High Risk Individuals as a PCBU or Officers of a PCBU: $300k Other Individuals : $150k Category 3 Duty Breach Corporations: $500k. Individuals as a PCBU or Officers of a PCBU: $100k Other Individuals : $50k *For VIC and WA please refer to State WHS Manager for specific requirements
HEALTH & SAFETY REPRESENTATIVES HSRs represent workers on health and safety matters through ongoing consultation and cooperation between workers of a work group and a PCBU. These functions include the ability to: Represent workers in relation to work health and safety Monitor the measures taken by the PCBU to meet their duties Investigate complaints from members of the workgroup Inquire into risk to the health and safety of relevant workers Powers include the ability to (when trained to do so): Directing unsafe work to cease when necessary Issuing of provisional improvement notices when necessary
CONSULTATION UNDER THE WHS ACT PCBUs Must consult with workers (as far as reasonably practicable) must allow HSRs or members of a HSC, ability to undertake the following: Attend HSC meetings Carry out functions as a HSR or as a member of a HSC Access to information on: Hazards (including associated risks) and The health and safety of workers of the workgroup with the workers consent (information must not contain any information that may allow identification)
CONSULTATION UNDER THE WHS ACT Health and Safety Representative (HSR) Functions include the ability to: Represent workers in relation to work health and safety Monitor the measures taken by the PCBU to meet their duties Investigate complaints from members of the workgroup Inquire into risk to the health and safety of relevant workers Powers include the ability to (when trained to do so) Issue provisional improvement notices when necessary
CONSULTATION UNDER THE WHS ACT Health and Safety Committee (HSC) The primary function of a HSC is to act as a consultative forum for the discussion and management of WHS issues. Consultation can be undertaken through HSRs and HSCs. However, the WHS Act does not require the establishment of these consultation mechanisms, unless: In relation to a HSR a request is made by a worker In relation to a HSC a request is made by 5 or more workers or a HSR
PIN NOTICES A PIN is a written direction from a HSR to a person who holds a duty under the WHS Act requiring them to fix a workplace health and safety problem. Consultation must have taken place between the PCBU and the HSR before a PIN can be issued. A PIN must be in writing and contain the following information: The HSR believes a person is in breach of the WHS Act, or is likely to continue or repeat the breach What that provision is and how it is being breached; and a date as to when the breach is to be remedied A PIN may also state: Directions on what is required to remedy or prevent the breach (this may include a reference to a Code of Practice); The cause or likely cause of the breach; and/or a choice of ways in which the breach could be remedied
WHS ISSUE RESOLUTION Steps to the issue resolution process: Risk identified Reporting to manager Reporting to HSR Involvement of Group WHS if the issue cannot be resolved Involvement of WHS inspectors if the issue cannot be resolved The Issue and the agreed outcomes must be documented and communicated to relevant parties
WHS MANAGEMENT SYSTEM (WHSMS) WHS Policy Commitment, intentions and principles to WHS Corporate WHS Manual Operational guide (managers and supervisors) Management system objectives Manage legal risks Maintain continuity through times of change Obtain and retain self-insurance licenses Meet accreditation and quality requirements Create continuous improvement mechanisms
MANAGEMENT SYSTEM OPERATION WHS Plans Are based on audit findings (internal and external) Outlines corrective actions for key gap areas Completed annually by each business unit Is a tool for implementing the WHSMS Promotes preparation for internal and external health and safety audits The WHS Plan details specific actions and targets to meet the WWSH commitments as set out in the WHS Policy Progress against the plan is monitored through the WHS committees and the business unit management team. Performance is reported to State/General Managers monthly.
MANAGEMENT SYSTEM OPERATION Workplace inspections Checks on the visual aspects of the workplace Audit - A health and safety audit focuses on verifying that a particular system, process or procedure is in place through Ensure compliance to WHS law Measure and maintain WHSMS effectiveness
MANAGEMENT SYSTEM REVIEW Management system review Feedback on implementation and effectiveness Analyses internal and external audit results Reviews changes in state/territory laws WHS State Manager and Coordinator Provide advice to managers on WHSMS operation Develop and review the WHSMS Coordinate WHS audits for self-insurance purposes Maintain relationships with regulatory authorities
RISK MANAGEMENT The meaning of key terms: Hazard: means a situation that has the potential to harm a person Risk: is the possibility that harm (death, injury or illness) might occur when exposed to a hazard What is risk management? A system to identify WHS issues and methodically control them (best means available) Strategic means for PCBU to meet their duty of care under the WHS Act Gives the flexibility to adapt to changing circumstances as they arise
RISK MANAGEMENT A safe and healthy workplace does not happen by chance or guesswork. You have to think about what could go wrong at your workplace and what the consequences could be. Then you must do whatever you can (in other words, whatever is reasonably practicable ) to eliminate or minimise health and safety risks arising from your business or undertaking. Managing work health and safety risks is an ongoing process that is triggered when there are changes that affect work activities.
RISK MANAGEMENT PCBUs Have a duty to manage risks so far as reasonably practicable in the workplace Where elimination is not reasonably practicable, PCBU must minimise those risks so far as is reasonably practicable
RISK MANAGEMENT (CONTINUED) What is reasonably practicable? Likelihood of the hazard/risk occurring The degree of harm that may result Knowledge about the hazard/risk and ways to eliminate or minimise Availability and suitability of ways to eliminate or minimise risk After assessing the risk and the ways in which to eliminate/minimise, the cost associated is the cost grossly disproportionate to the risk?
RISK MANAGEMENT (CONTINUED) Effective risk management Starts with commitment to WHS Involves identifying hazards, assessing the level of risk and eliminating or reducing the level of risk by assigning appropriate control measures Is repeated at regular intervals (at least annually) Consultation is to involve workers directly affected Workers should be involved throughout the risk assessment process
THE RISK MANAGEMENT PROCESS Diagram 3: The Risk Management Process (Source: How to Manage Work Health and Safety Risks Code of Practice)
THE FOUR STEPS Step 1 - Identify hazards What could the cause harm? Step 2 - Assess risks Understand the likelihood and consequence Step 3 - Control the risks Implement the most effective control measure Step 4 - Review the control measures Ensure controls are working as planned
STEP 1 - HOW TO IDENTIFY HAZARDS Inspect the workplace Observe the workplace Look at how people work How is plant and equipment used, how suitable are they and how are they maintained? What chemicals are stored and what are they used for? What safe or unsafe work practices exist? What is the general state of housekeeping? Have there been any changes to the workplace?
STEP 2 - HOW TO ASSESS RISKS Risk assessment Risk assessment likelihood is rated as follows: Almost certain: - expected to occur in most circumstances Likely: - will probably occur in most circumstances Possible: - might occur occasionally Unlikely: - could happen at some time Rare: - may happen only in exceptional circumstances By accessing the level of risk we are able to prioritise actions
STEP 3 THE HIERARCHY OF RISK CONTROLS Diagram 4: The Hierarchy of Risk Control (Source: How to Manage Work Health and Safety Risks Code of Practice)
STEP 3 LEVEL 1 CONTROL MEASURES Eliminate the hazards Are most effective as they eliminate the hazard Eliminating hazards is often cheaper and more practical at the design/planning stage (greater scope to design out hazards)
STEP 3 LEVEL 2 CONTROL MEASURES If it isn t reasonably practicable to eliminate the hazard, then the risk should be minimised Substitute the hazard with something safer For e.g., solvent based paints with water based paints Isolate the hazard from people Physically separate the hazard from people by distance or barriers Use engineering controls Use engineering controls Hoists to move heavy loads
STEP 3 LEVEL 3 CONTROL MEASURES When there are no other practical control measures available Administrative controls Procedures, work methods, signage Personal protective equipment Disposable gloves, lead aprons, ear muffs, safety glasses, disposable apron etc Low level control measures require manageable enforcement and commitment, together with behaviour modification Supervision is required to ensure compliance Depends on appropriate human behaviour
STEP 4 HOW TO REVIEW CONTROLS To check the effectiveness of controls consider the following: Control measures should be reviewed regularly to make sure they are effective as planned Set timeframes for review with workers and HSR Consider the following: Are the controls working effectively? Have the controls introduced any new issues? Have all of the hazards been identified?
INCIDENT REPORTING The meaning of key terms: Incident: means any unplanned event which has, or could have caused occupational injury or disease and/or damage (loss) to people, assets, reputation or the environment Near miss: means an unplanned event that did not result in injury, illness or damage but had the potential to do so. Only a fortunate break in the chain of events prevented an injury, fatality or damage
INCIDENT REPORTING (CONTINUED) Steps to incident investigation: Promptly attend the scene Interview key personnel (no blame investigation) Document responses and gather evidence Determine root causes look for the system failure Determine corrective actions and assign responsibilities Finalise and document the report
INCIDENT REPORTING (CONTINUED) Initial assessment of an incident includes: Closing off the area Identifying all personnel involved Ensuring all evidence is protected Ensuring work environments are noted Obligations for reporting incidents Immediate notification of a notifiable incident to Group WHS Preservation of the incident site until directed
OBLIGATIONS FOR REPORTING A notifiable incident as outlined in the WHS Act is: The death of a person, or A serious injury or illness of a person, or A dangerous incident Who is responsible for notifying? The PCBU from which the notifiable incident arises must notify the regulator immediately after becoming aware that is has occurred Primary Health Care has delegated the responsibility for reporting notifiable incidents to Group WHS. Workplace Managers are responsible for contacting Group WHS immediately after becoming aware that a notifiable incident has occurred.
OBLIGATIONS FOR REPORTING (CONTINUED) Site preservation The site of a notifiable incident must not be disturbed until an work health and safety inspector arrives This is to assist the inspector determine the cause of the incident The site may be disturbed: To assist an injured person To remove a deceased person To prevent another notifiable incident To facilitate a police investigation, or After an inspector has given a direction to do so
INCIDENT MANAGEMENT Factors affecting the investigation The incident: Including the nature of the hazards and risks involved Did location play a part of the incident? Are there any secondary hazards? What is the impact of the incident on the business operations and production? The people: Competency Language barriers Attitudes Motivation Conflicts of interest
INCIDENT MANAGEMENT (CONTINUED) Incident investigations should focus on system failures, not solely on human factors. Interviewing personnel The interview should be conducted as soon as practicable after the event to document the facts carefully Gathering documents Includes any document that is relevant to the investigation Documents may include: Technical data sheets Maintenance reports Safe operating procedures Training records
INCIDENT MANAGEMENT (CONTINUED) Causes of incidents Personnel: - anyone involved with the process Process: - how it s performed and requirements for doing it, such as policies, procedures, rules, regulations and laws Plant/Equipment: - any equipment, computers, tools, etc required to accomplish the job Materials: - chemicals, sharps, consumables etc. used to produce the final product Environment: - the conditions, such as location, time, temperature, and culture in which the process operates WHS Management: - appropriate supervision, training or education lacking, poor recognition of hazard, previous identified hazards not eliminated, lack of process, etc
INCIDENT MANAGEMENT (CONTINUED) Corrective actions Short term: - these are designed to stop the situation from deteriorating further Long term: - these are designed to improve a substandard system. This could include retraining workers in systematic changes Corrective actions must be reviewed to ensure adequate measure have been implemented and a record retained.
INCIDENT REPORTING PROCEDURE Incident documentation and investigation involves: Reporting to the manager/supervisor as soon as practicable The injured worker completes an Incident Notification and Investigation form Either by hard copy or electronically online within 24 hours. Determine whether the incident is a notifiable incident If yes, contact the relevant State WHS Manager immediately Conduct an incident investigation, Findings and corrective actions are to be entered into the online report reporting system.
NOTIFIABLE INCIDENT PROCEDURE Reporting a Notifiable incident : Site manager to contact State WHS Manager and the State BU Manager immediately If the notifiable incident is a Critical incident (Fatality or near fatality) the State Manager is to contact the Business unit General Manager WHS State Manager to complete an Incident Report (for relevant state or territory) WHS State Manager to complete a Safety Incident Alert if required
PURCHASING PROCEDURES Evaluation of proposed purchases goods Potential hazards associated with equipment or materials are to be evaluated prior to purchase Where the item requires a detailed risk assessment workers and a HSR must be consulted If possible, a trial should be arranged in order for an effective risk assessment to be carried out
PURCHASING PROCEDURES Evaluation of proposed purchases goods If a trial is not possible then any associated risk should be assessed using the manufacturer s information and risk assessments The workplace manager is to ensure that all documentation is completed and specifications are authorised by the supplier All purchased items must be checked upon receipt by the workplace manager to confirm they meet the specifications in accordance with those ordered by procurement