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WORK HEALTH & SAFETY WORKBOOK MANUAL 1 A guide for introducing a ‘Safety Management System’ TAILORED TO THE SOUTH AUSTRALIAN AND NORTHERN TERRITORY REAL ESTATE INDUSTRY AND PUBLISHED BY THE REAL ESTATE EMPLOYERS’ FEDERATION SA/NT Disclaimer This information has been provided by the Real Estate Employers’ Federation of South Australia and the Northern Territory (REEF) by providing education, assistance and guidance (but not legal advice). This information is not provided for any other purpose. While REEF makes every effort to ensure the accuracy of the information provided, the accuracy may be affected by changes to Commonwealth, State or Territory law and policy, or by judicial consideration or interpretation. REEF does not give any guarantee, undertaking or warranty whatsoever in relation to the information, including in relation to the accuracy, completeness, currency or the interpretation of any legislation or code of practice or a court of the information. © 2012 Real Estate Employers’ Federation SA/NT (REEF SA/NT). All rights reserved. No material in this document may be reproduced or copied in any form without the prior written permission of REEF SA/NT, except for a Member’s own use. Page 1 of 122

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Page 1: Disclaimer - REEF SA/NT MANUAL 1 AS A...  · Web viewNo one knows the job and any hazards associated with it better than the person who does the job or works in a ... and a Job Safety

WORK HEALTH & SAFETY WORKBOOK

MANUAL 1

A guide for introducing a ‘Safety Management System’

TAILORED TO THE SOUTH AUSTRALIAN AND NORTHERN TERRITORY REAL ESTATE INDUSTRY AND PUBLISHED BY THE REAL ESTATE EMPLOYERS’ FEDERATION SA/NT

Disclaimer This information has been provided by the Real Estate Employers’ Federation of South Australia and the Northern Territory (REEF) by providing education, assistance and guidance (but not legal advice). This information is not provided for any other purpose.

While REEF makes every effort to ensure the accuracy of the information provided, the accuracy may be affected by changes to Commonwealth, State or Territory law and policy, or by judicial consideration or interpretation. REEF does not give any guarantee, undertaking or warranty whatsoever in relation to the information, including in relation to the accuracy, completeness, currency or the interpretation of any legislation or code of practice or a court of the information.

By agreeing to use this information, the user agrees: To indemnify and hold harmless REEF from and against any loss or liability suffered by a user or a third

party, arising out of the provision of the information, howsoever caused, including due to the negligence of the REEF.

© 2012 Real Estate Employers’ Federation SA/NT (REEF SA/NT). All rights reserved. No material in this document may be reproduced or copied in any form without the prior written permission of REEF SA/NT, except for a Member’s own use.

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IMPORTANT DATES OF WHICH YOU MUST BE AWARE BEFORE YOU USE THE WHS MANUALS

Northern Territory

The Work Health and Safety (WHS) harmonised legislation commenced in the Northern Territory on 1/1/12 and this manual relates to the harmonised legislation.

South Australia

The Work Health and Safety (WHS) harmonised legislation commenced in South Australia on 1/1/13 and this manual relates to the harmonised legislation.

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Contents Disclaimer.........................................................................................................................................1

IMPORTANT DATES OF WHICH YOU MUST BE AWARE BEFORE YOU USE THE WHS MANUALS........2

Northern Territory..............................................................................................................................2

South Australia....................................................................................................................................2

OVERVIEW OF THIS WORKBOOK (Manual 1).................................................................................11

Implementation of this workbook....................................................................................................11

There are 4 manuals.........................................................................................................................11

Manual 1 - Workbook.....................................................................................................................11

Manual 2 – Templates, Checklists etc.............................................................................................11

Manual 3 – Policies.........................................................................................................................11

Manual 4 – Emergency Evacuation Plan.........................................................................................11

Introducing a ‘Safety Manage System’..............................................................................................11

A summary of what you will be doing in this workbook...................................................................11

Codes of practice (to be downloaded)..............................................................................................12

Codes that you should be guided by..............................................................................................12

Codes where parts of the code may not apply to your office.........................................................12

Codes (or only parts thereof) that may or may not apply..............................................................12

The Act and Regulations...................................................................................................................13

Hard copy manuals and electronic soft copies..................................................................................13

Hyperlinked.......................................................................................................................................13

Tab numbers.....................................................................................................................................13

Volunteers.........................................................................................................................................13

CREATE A FILING SYSTEM.............................................................................................................14

Create employees’ folders..............................................................................................................14

Create office filing/storage space...................................................................................................14

Create a hazard register folder.......................................................................................................14

Create a reference folder...............................................................................................................14

Create a first aid log folder.............................................................................................................14

Worker’s Personnel File..................................................................................................................15

Codes of Practice Folders...............................................................................................................15

CHAPTER 1 DEFINITIONS, DUTIES, OBJECTS, PENALTIES & NOTIFICATION.....................................16

Manual 2 Tab 17 reading material for definitions..........................................................................16

Part 1 Definitions..............................................................................................................................16

WHS................................................................................................................................................16

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WHS Act..........................................................................................................................................16

WHS Regulations............................................................................................................................16

6 key definitions, namely:.................................................................................................................16

Definition 1- PCBU..........................................................................................................................16

TEMPLATE Record names of the PCBU & Officers - Manual 2 Tab 1..............................................17

Definition 2 - reasonably practicable..............................................................................................17

Definition 3 - Officer.......................................................................................................................17

TEMPLATE Record of names of the PCBU & Officers - Manual 2 Tab 1..........................................18

Definition 4 - due diligence.............................................................................................................18

Definition 5 - Worker......................................................................................................................19

Definition 6 - Workplace.................................................................................................................19

Who is the Regulator?....................................................................................................................20

Part 2 Health and safety duties.........................................................................................................21

Primary duty of care of a PCBU......................................................................................................21

Duties of officers............................................................................................................................21

Duties of workers and other persons.............................................................................................21

Duties not transferable...................................................................................................................21

More than one person can have the same duty.............................................................................22

Management of risks......................................................................................................................22

Can a PCBU or officer delegate tasks to workers?............................................................................22

Training for a PCBU and an officer..................................................................................................22

TEMPLATE Record of training undertaken by PCBU & Officers - Manual 2 Tab 2...........................22

Part 3 Objects of the Work Health & Safety Act................................................................................23

Part 4 Penalties.................................................................................................................................23

Part 5 Immediate notification of certain incidents............................................................................24

Notifiable incident..........................................................................................................................24

Definition of serious injury or illness..............................................................................................24

Definition of dangerous incident....................................................................................................24

Preserving incident sites.................................................................................................................25

Wrap up of Chapter One...................................................................................................................25

CHAPTER 2 – CONSULTATION.......................................................................................................26

Part 1 Consultation with workers......................................................................................................26

Making use of emails as a consultation tool...................................................................................26

TEMPLATE All workers’ memo for introducing WHS and consultation about consultation methods - Manual 2 Tab 19...........................................................................................................................26

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TEMPLATE All workers’ form for workers suggestions about consultation methods - Manual 2 Tab 20...................................................................................................................................................26

What is the best method/s of consultation for your workplace?...................................................27

Consultation in a real estate office.................................................................................................27

TEMPLATE to record the methods of consultation – Manual 2, Tab 3...........................................27

When should you consult?.............................................................................................................28

TEMPLATE Record of safety consultation - Manual 2, Tab 4..........................................................28

Part 2 How duty holders consult, cooperate and coordinate their activities with each other..........28

TEMPLATE Record of consultation where more than one duty holder for the same duty - Manual 2 Tab 5............................................................................................................................................29

Part 3 Health and safety representatives and committees...............................................................29

Health and safety representatives and work groups......................................................................29

Procedures for negotiations relating to work groups.....................................................................30

Procedures for election, removal, training and powers of health and safety representatives and obligations of PCUB........................................................................................................................30

Worker representation handbook..................................................................................................30

Health and safety committees........................................................................................................30

Procedures for health and safety committees and obligations of PCUB........................................30

Part 4 Issue resolution and cessation of work...................................................................................30

Part 5 Reviewing consultation arrangements...................................................................................31

Wrap up of Chapter Two...................................................................................................................31

CHAPTER 3 – POLICIES..................................................................................................................32

Prepare your workers through consultation for introducing WHS policies.......................................32

TEMPLATE All workers’ memo to prepare your workers for introducing WHS policies - Manual 2 Tab 21.............................................................................................................................................32

Part 1 Prepare your policies..............................................................................................................32

TEMPLATE policies are located in Manual 3...................................................................................32

The names of the policies are:........................................................................................................32

How to prepare your policies.........................................................................................................34

Part 2 Distribute draft policies for consultation and then introduce them.......................................34

Part 3 Required outcomes of introducing policies............................................................................34

Wrap up of Chapter Three................................................................................................................35

CHAPTER 4 – HOW TO MANAGE WORK HEALTH AND SAFETY RISKS..............................................36

Prepare your workers for introducing a procedure of identifying, assessing and controlling WHS hazards/risks.....................................................................................................................................36

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TEMPLATE All workers’ memo to prepare your workers for identifying, assessing and controlling hazards/risks in the workplace - Manual 2 Tab 22.........................................................................36

Part 1 Key terms................................................................................................................................37

Part 2 The four steps to safety risk management.............................................................................37

Part 3 IDENTIFYING HAZARDS...........................................................................................................37

Division 1 – Regular checks and reporting......................................................................................37

Using a checklist.............................................................................................................................37

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7............................................................37

Consultation...................................................................................................................................38

Reporting........................................................................................................................................38

TEMPLATE Hazard / Near Miss report form – Manual 2 Tab 8.......................................................38

Reporting injury or dangerous occurrence.....................................................................................38

TEMPLATE Injury or dangerous occurrence report form – Manual 2 Tab 9....................................38

Keeping a record of identified hazards...........................................................................................39

TEMPLATE Hazard Register – Manual 2 Tab 10..............................................................................39

TEMPLATE Register of Hazardous Substances – Manual 2 Tab 11..................................................39

Training your workers in hazard identification...............................................................................39

Division 2 – Working alone.............................................................................................................39

Finding hazards for working alone..................................................................................................40

TEMPLATE Hazard Register – Manual 2 Tab 10..............................................................................40

Part 4 ASSESSING RISKS.....................................................................................................................40

Part 5 Controlling risks......................................................................................................................42

The hierarchy of control.................................................................................................................42

Control measures include:..............................................................................................................43

Office controls in real estate..........................................................................................................43

Field controls in real estate when working alone...........................................................................44

Implementing controls for working alone......................................................................................45

Implementing controls through Safe Operating Procedures..........................................................47

SAMPLE Safe Operating Procedure out of office meeting working alone – Manual 2 Tab 12........48

Part 6 Reviewing controls.................................................................................................................48

Part 7 Keeping records......................................................................................................................49

Part 8 Training workers to identify, assess and control hazards/risks...............................................49

CHAPTER 5 – MANAGING THE WORK ENVIRONMENT AND FACILITIES..........................................51

Prepare your workers for consultation on the work environment and facilities...............................51

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TEMPLATE All workers’ memo to prepare your workers for consultation on the work environment and facilities - Manual 2 Tab 23......................................................................................................51

Part 1 Work environment and facilities............................................................................................52

Part 2 Work environment.................................................................................................................52

Part 3 Welfare provisions..................................................................................................................52

Access to facilities...........................................................................................................................52

Part 4 Outdoor work.........................................................................................................................53

Part 5 Emergency plans.....................................................................................................................54

Preparing your emergency plan.....................................................................................................54

TEMPLATE EMERGENCY PLAN can be located in Manual 4............................................................54

A note on Chapters 6 to 17...........................................................................................................55

CHAPTER 6 – FIRST AID.................................................................................................................56

Prepare your workers for consultation on first aid...........................................................................56

TEMPLATE All workers’ memo to prepare your workers for consultation on first aid - Manual 2 Tab 24.............................................................................................................................................56

Code of Practice................................................................................................................................56

TEMPLATE First Aid Treatment Log - Manual 2 Tab 13...................................................................56

Note the following headings in the Code of Practice........................................................................56

Risk Assessment................................................................................................................................57

First aiders Fact Sheet.......................................................................................................................57

The role of first aiders under the model WHS laws........................................................................57

About the model WHS laws............................................................................................................57

What are my duties as a first aider under model WHS Act?...........................................................57

Will my duties as a first aider change under the WHS Act?............................................................58

What must my PCBU do for me as a first aider?.............................................................................58

Am I entitled to be paid for my work as a first aider?....................................................................59

CHAPTER 7 – PREVENTING AND RESPONDING TO WORKPLACE BULLYING....................................60

Prepare your workers for consultation on workplace bullying.........................................................60

TEMPLATE All workers’ memo to prepare your workers for consultation on preventing workplace bullying - Manual 2 Tab 25.............................................................................................................60

Code of Practice................................................................................................................................60

Note the following headings in the Code of Practice........................................................................60

Training.............................................................................................................................................60

TEMPLATE Record of Training – Manual 2 Tab 14..........................................................................61

CHAPTER 8 – MANAGING ELECTRICAL RISKS IN THE WORKPLACE..................................................62

Prepare your workers for consultation on workplace electrical risks...............................................62

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TEMPLATE All workers’ memo to prepare your workers for consultation on workplace electrical risks - Manual 2 Tab 26...................................................................................................................62

Code of Practice................................................................................................................................62

TEMPLATE for electrical checklist – Manual 2 Tab 7A....................................................................62

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7............................................................62

SAMPLE Safe Operating Procedure out of office meeting working alone – Manual 2 Tab 12........63

Note the following headings in the Code of Practice........................................................................63

CHAPTER 9 – PREVENTING AND MANAGING FATIGUE IN THE WORKPLACE...................................64

Prepare your workers for consultation on workplace fatigue...........................................................64

TEMPLATE All workers’ memo to prepare your workers for consultation on workplace fatigue - Manual 2 Tab 27.............................................................................................................................64

Code of Practice................................................................................................................................64

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7............................................................64

Note the following headings in the Code of Practice........................................................................64

CHAPTER 10 – HAZARDOUS MANUAL TASKS.................................................................................65

Prepare your workers for consultation on workplace manual handling...........................................65

TEMPLATE All workers’ memo to prepare your workers for consultation on workplace manual handling - Manual 2 Tab 28............................................................................................................65

Code of Practice................................................................................................................................65

TEMPLATE for Manual Handling checklist – Manual 2 Tab 7B........................................................65

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7............................................................66

Note the following headings in the Code of Practice........................................................................66

CHAPTER 11 – HOW TO PREVENT FALLS AT WORKPLACES.............................................................67

Prepare your workers for consultation on workplace slips trips and falls.........................................67

TEMPLATE All workers’ memo to prepare your workers for consultation on workplace slips trips and falls - Manual 2 Tab 29.............................................................................................................67

Code of Practice................................................................................................................................67

TEMPLATE for slips, trips and falls checklist – Manual 2 Tab 7C.....................................................67

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7............................................................67

FACT SHEET—SLIPS AND TRIPS AT THE WORKPLACE........................................................................68

Slips and trips.................................................................................................................................68

The role of PCBUs...........................................................................................................................68

Identifying slip and trip hazards.....................................................................................................69

Selecting control measures—design of facilities............................................................................70

For floor design:.............................................................................................................................70

For the design of stairs:..................................................................................................................70

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For lighting design:.........................................................................................................................70

For the design of drainage:.............................................................................................................70

When designing storage:................................................................................................................70

When designing work procedures:.................................................................................................70

Selecting control measures— housekeeping..................................................................................71

Selecting control measures—safety training..................................................................................71

Selecting control measures—personal protective equipment.......................................................71

Controlling the risks of slipping......................................................................................................72

Controlling the risks of tripping......................................................................................................73

Shared workplaces.........................................................................................................................73

CHECKLIST—PREVENTING SLIPS AND TRIPS AT WORK......................................................................75

CHAPTER 12 – HOW TO SAFELY REMOVE ASBESTOS.....................................................................78

CHAPTER 13 – HOW TO MANAGE AND CONTROL ASBESTOS IN THE WORKPLACE.........................79

Prepare your workers for consultation on managing workplace asbestos.......................................79

TEMPLATE All workers’ memo to prepare your workers for consultation on managing workplace asbestos - Manual 2 Tab 30............................................................................................................79

Code of Practice................................................................................................................................79

CHAPTER 14 – LABELLING OF WORKPLACE HAZARDOUS CHEMICALS............................................80

Prepare your workers for consultation on labelling workplace hazardous chemicals......................80

TEMPLATE All workers’ memo to prepare your workers for consultation on labelling workplace hazardous chemicals - Manual 2 Tab 31.........................................................................................80

Checklist for chemicals......................................................................................................................80

TEMPLATE Chemicals checklist - Manual 2 Tab 35.........................................................................80

Code of Practice................................................................................................................................80

Under the code the PCBU’s duties are:.............................................................................................81

CHAPTER 15 – PREPARATION OF SAFETY DATA SHEETS FOR HAZARDOUS CHEMICALS..................82

Prepare your workers for consultation on safety data sheets..........................................................82

TEMPLATE All workers’ memo to prepare your workers for consultation on safety data sheets - Manual 2 Tab 32.............................................................................................................................82

Checklist for chemicals......................................................................................................................82

TEMPLATE Chemicals checklist - Manual 2 Tab 35.........................................................................82

Code of Practice................................................................................................................................82

What is a safety data sheet?.............................................................................................................82

Under the code the PCBU’s duties are:.............................................................................................83

CHAPTER 16 – MANAGING NOISE AND PREVENTING HEARING LOSS AT WORK.............................84

Prepare your workers for consultation on noise...............................................................................84

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TEMPLATE All workers’ memo to prepare your workers for consultation on noise - Manual 2 Tab 33...................................................................................................................................................84

Code of Practice................................................................................................................................84

CHAPTER 17 – CONFINED SPACES.................................................................................................85

Prepare your workers for consultation on confined spaces..............................................................85

TEMPLATE All workers’ memo to prepare your workers for consultation on confined spaces - Manual 2 Tab 34.............................................................................................................................85

Code of Practice................................................................................................................................85

What is a confined space?................................................................................................................85

What is not a confined space for the purposes of the WHS Regulations?........................................86

CHAPTER 18 – INDUCTION............................................................................................................87

TEMPLATE WHS Induction Checklist 1 – Manual 2 Tab 15................................................................87

TEMPLATE WHS Induction Checklist 2 – Manual 2 Tab 15A..............................................................87

CHAPTER 19 – TRAINING, INFORMATION & SUPERVISION...........................................................88

Training and information..................................................................................................................88

TEMPLATE Required training and information checklist – Manual 2 Tab 16.....................................88

TEMPLATE Record of Training – Manual 2 Tab 14............................................................................88

Supervision.......................................................................................................................................88

AMENDMENTS THAT APPEAR IN VERSION 2 OF THE WORK HEALTH AND SAFETY MANUAL 1.......89

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OVERVIEW OF THIS WORKBOOK (Manual 1)

Implementation of this workbook

1. Occupational Health and Safety (OHS) is now referred to as Work Health & Safety (WHS).

2. It may look like a huge task to implement these manuals. However if you pace yourself and do chapter by chapter you should successfully complete the task in 3- 6 months. There is an old trainer’s saying, “You can eat a whole elephant as long as you do it a teaspoonful at a time.”

3. You can implement the Chapters yourself or seek REEF to assist you on a fee for service basis. Introducing procedures into the workplace for work health and safety is not rocket science – it just takes management focus and consistent determination.

4. By following these manuals you will save yourself a considerable amount of money as opposed to using a consultant.

There are 4 manuals

Manual 1 - Workbook

Manual 2 – Templates, Checklists etc

Manual 3 – Policies

Manual 4 – Emergency Evacuation Plan

Introducing a ‘Safety Manage System’

Through this workbook you will be introducing a SAFETY MANAGEMENT SYSTEM which is a set of procedures that must be introduced into the workplace in order to eliminate or minimise risks to work health and safety.

A summary of what you will be doing in this workbook

1. Chapter 1 – you will be identifying the duty holders and their responsibilities2. Chapter 2 – you will be setting up methods of consultation with your workers3. Chapter 3 – you will be introducing WHS policies4. Chapter 4 – you will be identifying, assessing and controlling hazards and risks 5. Chapter 5 – you will be managing the work environment and facilities and an emergency

plan6. Chapters 6 – 17 you will be managing:

first aid bullying electrical risks fatigue hazardous manual tasks falls

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asbestos hazardous chemicals hearing loss confined spaces

Codes of practice (to be downloaded)

This workbook introduces you to WHS codes of practice. Some codes of practice are not mentioned because they are not relevant to real estate and some codes may still be in draft form.

PLEASE DOWN LOAD AND PRINT OUT THE FOLLOWING 15 CODES OF PRACTICE FROM ONE OF THE FOLLOWING WEBSITES:

1. http://www.safeworkaustralia.gov.au (recommended)

2. http://www.safework.sa.gov.au

3. http://www.worksafe.nt.gov.au

4. A very good general resource site is http://www.worksafe.act.gov.au/health_safety

These same websites also provide extra guidance material and fact sheets, particularly SafeWork Australia

Codes that you should be guided by

1. Work Health and Safety Consultation Cooperation and Coordination – Chapter 22. How to Manage Work Health and Safety Risks – Chapter 43. Managing the Work Environment and Facilities – Chapter 54. First Aid in the Workplace – Chapter 65. Preventing and Responding to Workplace Bullying – Chapter 7 (Note: this is now a GUIDE

and not a Code of Practice)

Codes where parts of the code may not apply to your office

6. Managing Electrical Risks in the Workplace – Chapter 87. Preventing and Managing Fatigue in the Workplace – Chapter 9 (Note: this is now a GUIDE

and not a Code of Practice)8. Hazardous Manual Tasks – Chapter 109. Managing the Risk of Falls at Workplaces – Chapter 11

Codes (or only parts thereof) that may or may not apply

10. How to Safely Remove Asbestos – Chapter 1211. How to Manage and Control Asbestos in the Workplace – Chapter 1312. Labelling of Workplace Hazardous Chemicals – Chapter 1413. Preparation of Safety Data Sheets for Hazardous Chemicals – Chapter 1514. Managing Noise and Preventing Hearing Loss at Work – Chapter 16

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15. Confined Spaces – Chapter 17

The Act and Regulations

The Work Health and Safety Act and the Regulations are several hundred pages. If you want to refer to the Act or Regulations they can be accessed from one of the following websites:

1. http://www.safeworkaustralia.gov.au (model legislation)

2. http://www.safework.sa.gov.au (South Australian harmonised legislation)

3. http://www.worksafe.nt.gov.au (Northern Territory harmonised legislation)

Hard copy manuals and electronic soft copies

As you have purchased the hard copy manuals you (as a Member of REEF SA/NT) will also be able to access electronic WORD versions through REEF’s website and you can make appropriate changes to policies, templates etc.

Hyperlinked

The subjects in the contents pages in the WORD doc electronic versions of the manuals are hyperlinked to the appropriate page.

Tab numbers

A reference to a Tab number (e.g. “Manual 2, Tab 3”) means that document from this workbook can be located in Manual 2 under that tab number.

Volunteers

See the fact sheet in Manual 2 Tab 18

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CREATE A FILING SYSTEM

To be organised you will need some type of filing system.

Create employees’ folders

Into this folder will go:

1. Policies as introduced under Chapter 3 2. Emergency Plan as created under Chapter 5 Part 5 – Manual 2 Tab 143. Any created Safe Operating Procedures as per SAMPLE Safe Operating Procedure out of

office meeting working alone – Manual 2 Tab 13

You may not need this folder if you are emailing this material to each employee’s work computer.

Create office filing/storage space

Into this storage space will go a supply of:

1. Blank Hazard/Near Miss report forms – Manual 2 Tab 92. Blank Injury or dangerous occurrence report forms – Manual 2 Tab 103. Blank WHS inspection checklists – Manual 2 Tab 84. Blank induction WHS checklist

Create a hazard register folder

Into this folder will go:

1. Hazard Register – Manual 2 Tab 112. Completed WHS inspection checklists – Manual 2 Tab 83. Register of hazardous substances – Manual 2 Tab 12

Create a reference folder

Into this folder will go:

1. Record names of the PCBU & Officers - Manual 2 Tab 1 2. Record of training undertaken by PCBU & Officers - Manual 2 Tab 2 3. Record of safety consultation - Manual 2, Tab 34. Record of methods of consultation – Manual 2, Tab 45. Record of consultation where more than one duty holder for the same duty - Manual 2 Tab 56. Record of worker Training – Manual 2 Tab 16

Create a first aid log folder

Into this folder will go:

1. First Aid Treatment Log - Manual 2 Tab 15

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Worker’s Personnel File

Into this file (which should already exist) will go:

1. Policies receipt signed by worker2. Completed induction checklist3. Record of training (unless it is kept electronically or in another folder)

Codes of Practice Folders

Essentially you will be using these folders to record how and what you have done to implement the code or only the relevant part/s of the code under Chapters 7 to 17. Not everything in some codes will be relevant.

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CHAPTER 1 DEFINITIONS, DUTIES, OBJECTS, PENALTIES & NOTIFICATION

In chapter 1 you will be dealing with:

1. Key definitions.

2. Identifying duty holders and their duties.

3. The objects of the Act

4. The penalties

5. Notifying the regulator of certain incidents

Chapter 1 is basically a reading exercise but an important one where you familiarise yourself with

the above. There are some action points with a couple of templates to complete.

To assist you with some definitions in this Chapter there is some reading material in:

Manual 2 Tab 17 reading material for definitions

Part 1 Definitions

WHSMeans Work Health and Safety

WHS Act Means the Work Health and Safety Act.

WHS Regulations Means the Work Health and Safety Regulations.

6 key definitions, namely:

Definition 1- PCBU

“PCBU” is short for the person conducting the business or undertaking.

You must identify the PCBU.

A PCBU includes: A body corporate (company) An unincorporated body An association

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A partnership (all the partners are a PCBU) Sole trader Self-employed person

In real estate most commonly the PCBU will be: The company (e.g. Apex Realty Pty Ltd); or The partners in a partnership; or A sole trader

Who is/are the PCBU/s in your business? _____________________________

Now record the names in the following template...............................

TEMPLATE Record names of the PCBU & Officers - Manual 2 Tab 1

Definition 2 - reasonably practicable

A PCUB (and “Officers” – next definition) should be familiar with what ‘reasonably practicable’ means for WHS?

Work health and safety duties of a PCBU apply so far as is ‘reasonably practicable’. ‘Reasonably practicable’ represents what can reasonably be done in the circumstances. This means that the PCBU must satisfy the duties as far as they are reasonably able to, taking into account and weighing up all relevant matters, including:

the likelihood of the relevant hazard or risk occurring the degree of harm that might result from the hazard or risk what the person knows, or ought reasonably to know, about the hazard or risk and the ways

of eliminating or minimising the risk, and the availability and suitability of ways to eliminate or minimise the risk.

Only after assessing these matters can the cost of eliminating or minimising the risk be taken into account, including whether the cost is grossly disproportionate to the risk.

Definition 3 - Officer

You must identify the Officers in your business if the PCUB is a body corporate.

An officer includes:

(a) A director of the company(b) A secretary of the company(c) A person who makes, or participates in making decisions that affect the whole or a substantial

part, of the business of the corporation(d) A person who has the capacity to affect significantly the corporation’s financial standing

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(e) A person in accordance with whose instructions or wishes the directors of the corporation are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the persons professional capacity or their business relationship with the directors or the corporation)

(f) A receiver of the company(g) An administrator of the company(h) An administrator of a deed of company arrangement(i) A liquidator of the company

In real estate most commonly the officers will be:

The director/s of a company; and The secretary of a company; and Taking the above definition under (c), (d) & (e) into account people like CFO’s and senior

managers may be an officer. You will need to study (c), (d) & (e) in order to define who may be an officer .

Who is/are the Officer/s in your business? _____________________________

IF YOU HAVE DIFFICULTY DETERMINING WHO IS /ARE THE PCBU/S AND / OR THE OFFICER/S OF THE BUSINESS YOU MUST SEEK ADVICE AS IT IS EXTREMELY IMPORTANT FOR THE PCUB AND OFFICERS TO BE IDENTIFIED BECAUSE OF THE DUTY OF CARE THEY CARRY AND POSSIBLE CONSEQUENCES IF THEY ARE PROSECUTED.

Now record the names in the following template...............................

TEMPLATE Record of names of the PCBU & Officers - Manual 2 Tab 1

Definition 4 - due diligence

Officers must exercise due diligence

Officers of a PCBU must exercise ‘due diligence’ to ensure that the business or undertaking complies with the health and safety duties.

In exercising due diligence, an officer must take reasonable steps to:

acquire and keep up-to-date knowledge of work health and safety matters gain an understanding of the hazards and risks associated with the nature of the operations ensure that the business or undertaking has appropriate resources and processes to enable risks

to health and safety arising from work carried out as part of the business or undertaking to be eliminated or minimised

ensure that the business or undertaking has appropriate processes for receiving and considering information about incidents, hazards and risks and responding in a timely way, and

ensure that the business or undertaking implements processes for complying with its duties and obligations.

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This casts a positive duty on officers to be proactive and continuously ensure that the business or undertaking complies with the relevant duties and obligations under the model WHS Act. The scope of the officers’ duty is directly related to the influential nature of their position. A high standard requires persistent examination and care to ensure that the resources and systems of the business or undertaking are adequate to comply with the duty of care required under the model WHS Act. Where the officer relies on the expertise of a manager or other person, that expertise must be verified and the reliance must be reasonable.

Definition 5 - Worker

PLEASE NOTE: The terms “employer” and “employee” are no longer used. The ‘employer’ is now the PCBU while a worker includes more persons than an employee and in particular a contractor.

(1) A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as—

(a) an employee; or(b) a contractor or subcontractor; or(c) an employee of a contractor or subcontractor; or(d) an employee of a labour hire company who has been assigned to work in the person's

business or undertaking; or(e) an outworker; or(f) an apprentice or trainee; or(g) a student gaining work experience; or(h) a volunteer; or(i) a person of a prescribed class.

(2) For the purposes of the Act, a police officer is—(a) a worker; and(b) at work throughout the time when the officer is on duty or lawfully performing the

functions of a police officer.

(3) The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking.

Definition 6 - Workplace

(1) 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.

(2) In this definition place includes—(a) a vehicle , vessel, aircraft or other mobile structure; and(b) any waters and any installation on land, on the bed of any waters or floating on any

waters.

In particular note the definition of workplace in relation to A salesperson or property manager working away from the office – it is any place they go or likely to be.

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Who is the Regulator?

You should know who your regulator is and the contact details, particularly if you need to notify an incident which is dealt with in this chapter under Part 5.

SOUTH AUSTRALIA: SafeWork SALevel 4, World Park A33 Richmond Road, Keswick

Telephone: Help Centre 1300 365 255Fax: (08) 8204 9200Email: [email protected]: GPO Box 465, Adelaide SA 5001Web: www.safework.sa.gov.auDX 715, Adelaide

To report all serious workplace injuries and incidents telephone 1800 777 209 (24 hour service)

NORTHERN TERRITORY: NT WorkSafe

Telephone: 1800 019 115Fax: (08) 8999 5141Email: [email protected]: GPO Box 1722 Darwin NT 0801Web: www.worksafe.nt.gov.au

To report all serious workplace injuries and incidents telephone 1800 019 115.

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Part 2 Health and safety duties

Primary duty of care of a PCBU

A PCBU must so far as is reasonably practicable ensure the health and safety of workers and other persons.

A PCBU must ensure, so far as is reasonably practicable:

(a) the provision and maintenance of a work environment without risks to health and safety; and

(b) the provision and maintenance of safe plant and structures; and(c) the provision and maintenance of safe systems of work; and(d) the safe use, handling and storage of plant, structures and substances; and(e) the provision of adequate facilities for the welfare at work of workers in carrying out work for

the business or undertaking, including ensuring access to those facilities; and(f) the provision of any information, training, instruction or supervision that is necessary to

protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and

(g) that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.

A self employed person must ensure his or her own health and safety at work.

Duties of officers

An officer of the PCBU must exercise due diligence to ensure that the PCBU complies with its duty.

Duties of workers and other persons A worker must:

(a) take reasonable care of their health and safety(b) take reasonable care not to adversely affect the health and safety of other persons(c) comply with reasonable instructions(d) co-operate with policies and procedures of which they have been notified.

Other persons must comply with (a), (b) & (c) of a worker above.

Duties not transferable

A duty cannot be transferred to another person. So if a duty of care rests with more than one person, they all become equally responsible. A person can have more than 1 duty by virtue of being in more than 1 class of duty holder.

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More than one person can have the same duty

More than one person can concurrently have the same duty and each duty holder must comply with that duty.

Management of risks

(a) A duty holder must eliminate risks to health and safety so far as is reasonably practicable; and

(b) If it is not reasonably practicable to eliminate the risk then the risk must be minimised so far as is reasonably practicable.

See the DEFINITIONS of what is “reasonably practicable”.

Can a PCBU or officer delegate tasks to workers?

A PCBU or officer can enlist the assistance of competent workers to help and assist but the PCBU or officer will always retain the responsibility for the WHS process or procedure. For example the PCBU could delegate the task to a competent worker to contact a training provider and make all the arrangements for fire warden and first aid training to have workers trained in the use of fire extinguishers but the PCBU will retain the responsibility that such training actually happens and the PCBU or officer has intimate knowledge of the processes or procedures.

Training for a PCBU and an officer

The PCBU and relevant officers of the business should arrange training for themselves as to their responsibilities under the WHS Act. Apart from what training REEF provides the National Safety Council of Australia will give REEF members a 10% discount on training and they are an ideal health and safety training provider.

In addition Regulators (see definitions) run free sessions.

TEMPLATE Record of training undertaken by PCBU & Officers - Manual 2 Tab 2

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Part 3 Objects of the Work Health & Safety Act

The main object of the Work Health and Safety Act is to secure the health and safety of workers and workplaces by:

(a) The elimination or minimisation of risks

(b) Fair and effective representation, consultation, co-operation and issue resolution

(c) Encouraging employer/employee associations to promote work health and safety and assist businesses

(d) Promoting advice, information, education and training

(e) Securing compliance

(f) Providing a framework for continuous improvement

Part 4 Penalties

Category 1 – Reckless conduct as defined:

• individual (other than a PCBU or an officer) $300,000 or 5 years gaol or both• a person conducting a business or undertaking or an officer $600,000 or 5 years gaol or both• a body corporate $3,000,000

Category 2 – failure to comply with health and safety duty as defined:

• individual (other than a PCBU or an officer) $150,000• a person conducting a business or undertaking or an officer $300,000• a body corporate $1,500,000

Category 3 – failure to comply with health and safety duty as defined:

• individual (other than a PCBU or an officer) $50,000• a person conducting a business or undertaking or an officer $100,000• a body corporate $500,000

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Part 5 Immediate notification of certain incidents

Notifiable incident

A PCBU must immediately notify by phone, fax or email the REGULATOR* of a:

(a) death; or (b) serious injury or illness; or (c) dangerous incident.

*See the previous definitions for contact details for your Regulator

Definition of serious injury or illness

serious injury or illness of a person means an injury or illness requiring the person tohave—

(a) immediate treatment as an in-patient in a hospital; or(b) immediate treatment 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 treatment within 48 hours of exposure to a substance

and includes any other injury or illness prescribed by the regulations but does not include an illness or injury of a prescribed kind.

Definition of dangerous incident

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(j) 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

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(l) any other event prescribed by the regulations, but does not include an incident of a prescribed kind.

Preserving incident sites

The person who has the management or control of a workplace where a notifiable incident occurs must as far as is reasonably practicable ensure the site is not disturbed until an inspector arrives.

Wrap up of Chapter One

In this chapter you should have:

Done

1

Studied the 6 key definitions of:(i) PCBU(ii) Officer(iii) Due diligence(iv) So far as reasonably practicable(v) Worker(vi) Workplace

2 Determined who the PCBU/s and officer/s are in your business and recorded the names.

3

Become familiar with the duties of a duty holder. That is, a PCBU must do all that is reasonable practicable (see definition) to eliminate or minimise risks to health and safety and an officer of a PCBU must exercise due diligence (see definition) to ensure a PCBU complies with its duty.

4 Record any training undertaken by the PCBU or officer.

5

Become familiar with:

(i) The objects of the Act(ii) Penalties(iii) Notification of a notifiable incident

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CHAPTER 2 – CONSULTATION

In chapter 2 you will:

(a) Introduce methods of consultation between the PCBU/officers and the workers and

between the officers themselves that best suits your business.

(b) Be aware of how and when health and safety representatives and safety committees are

established.

(c) Be reviewing consultation methods.

(d) Seek additional guidance from the Code of Practice “Work Health and Safety Consultation,

Cooperation and Coordination.”

Part 1 Consultation with workers

Making use of emails as a consultation tool

If all of your workers have access to their own computer then make use of emails as a consultation tool (and also distributing other material).

The following template can be used to inform your workers that the PCBU is about to introduce a SAFETY MANAGEMENT SYSTEM which is a set of policies and procedures that must be introduced into the workplace in order to eliminate or minimise risks to work health and safety. This memo can be in hard copy or emailed to workers. If you only have a small amount of employees you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo for introducing WHS and consultation about consultation methods - Manual 2 Tab 19

The following template can be used to allow your workers the opportunity of suggesting methods of consultation. This form can be attached to the above memo.

TEMPLATE All workers’ form for workers suggestions about consultation methods - Manual 2 Tab 20

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What is the best method/s of consultation for your workplace?

Discuss with or receive feedback from your workers what method/s of consultation may best suit your workplace and put that method/s into place.

Everyone should be aware that particular workers/groups may face specific hazards that other workers/groups do not face.

AGREED CONSULTATION METHODS MAY INCLUDE any of those methods (or others) as suggested in the form in Tab 20 Manual 2

Consultation in a real estate office

In most real estate offices consultation will be informal while with larger offices consultation will tend to become more structured. Consultation methods may look something like:

(a) WHS is a permanent agenda item for staff meetings so incidents can be raised or to have WHS discussed generally.

(b) Constant use of emails on the work computer network to share WHS material and information.

(c) A WHS suggestion box.(d) Informal WHS discussions with relevant workers.(e) Meetings with distinct groups, e.g. salespersons or property managers or admin staff

because each group may have different WHS concerns.(f) A system for giving feedback.

Also keep in mind:

(a) when you should consult

(b) who will be consulted

(c) how information will be shared

(d) what opportunities will be given to workers to express their opinions

(e) how feedback will be given

(f) consultation with people whose first language is not English

(g) timeframes for reviewing procedures

TEMPLATE to record the methods of consultation – Manual 2, Tab 3

Please use this form to record the agreed methods of consultation.

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When should you consult?

Consultation MUST occur with workers when:

(a) Identifying hazards and assessing risks

(b) Making decisions about ways to eliminate or minimise those risks

(c) Making decisions about the adequacy of facilities for workers’ welfare

(d) Proposing changes that may affect workers’ health and safety

(e) Making decisions about: Procedures for consulting with workers Resolving health and safety issues Monitoring the health of workers Monitoring conditions at the workplace Providing information and training to workers

Please use the following form to keep a record of informal and formal consultation that you have with your workers about WHS:

TEMPLATE Record of safety consultation - Manual 2, Tab 4

Part 2 How duty holders consult, cooperate and coordinate their activities with each other

Where more than one person has a duty for the same matter each person:

(1) Retains responsibility for their duty to the extent that person can influence and control the matter; and

(2) Must so far as is reasonably practicable consult, cooperate and coordinate with the other duty holders in relation to the matter

(3) Cannot transfer their responsibility to another person.

(4) Duty holders in the main will the PCBU and Officers. There may be occasions where a PCBU and/or Officers will need to consult another PCBU/Officer – e.g. a contractor or a PCBU/Officer of a shopping centre where the real estate office is part of a shopping complex or there may by a hazardous manufacturing or storage premises next door with the possibility of leakage or explosion.

A duty holder should consider the following questions:

What is the work activity and the health and safety duty I have?

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Who else has influence and control in that work duty? (e.g. a building owner, a supplier, a contractor, the business next door, another director or manager)

How do we each affect work health and safety in relation to that activity?

Where and how does my duty interact with other duty holders?

What information should I share?

What do I need to know to comply?

What action do I need to take with the other duty holders?

Please use this template to record the consultation, coordination and cooperation between the duty holders.

TEMPLATE Record of consultation where more than one duty holder for the same duty - Manual 2 Tab 5

Part 3 Health and safety representatives and committees

NOTE: Most real estate offices will not have a health and safety representative or a safety

committee If you do not have either then just be aware of Part 3 if there is a request for one

Health and safety representatives and work groups

Any worker may request that a PCBU to conduct an election for a health and safety representative.

If a worker makes this request work groups need to be established to facilitate the election of the health and safety representative. The process requires the PCUB to negotiate and agree on a suitable arrangement.

The purpose of the negotiations is to determine: • the number and composition of work groups • the number of health and safety representatives • the workplace to which the work group will apply

the work group will be to facilitate representation in the work group by a health and safety representative

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a health and safety representative for a work group is to be elected by members of that work group

An elected health and safety representative must always be consulted on matters that affect or are likely to affect the health and safety of members of their work group.

Procedures for negotiations relating to work groups

See Manual 6, Work Health and Safety Regulations part 2.1.1 and to 2.1.3

Procedures for election, removal, training and powers of health and safety representatives and obligations of PCUB

See Manual 4, Work Health and Safety Regulations part 2.1.3 through to 2.1.7 and Manual 5 Work Health and Safety Act sections 60 through to 74

Worker representation handbook

Worker Representation Handbook - Manual 2 Tab 6

Health and safety committees

A PCUB must set up a health and safety committee if 5 or more workers or a health and safety representative request it.

At least half of the health and safety committee must be workers not nominated by management. Membership of the health and safety committee should be by agreement.

A PCUB may initiate a health and safety committee to help with fulfilling its duty and help with worker participation.

A health and safety committee is a forum of health and safety across the whole workforce, while a health and safety representative deals with specific issues relevant to the group they represent. If there is no health and safety representative but you have a health and safety committee, the committee would consider all health and issues.

Procedures for health and safety committees and obligations of PCUB

See the Work Health and Safety Act sections 75 through to 79

Part 4 Issue resolution and cessation of work

See: Work Health and Safety Act sections 80 through to 89 Work Health and Safety Regulations part 2.2.1 through to 2.3.1

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Part 5 Reviewing consultation arrangements

Consultation arrangements should be reviewed every so often in consultation with workers to ensure the arrangements are working properly.

Wrap up of Chapter Two

In this chapter you should have:

Done

1Through consultation set up methods of consultation and recorded these methods in the template and keep the records filed in your reference folder.

2Used the template for recording consultations between PCBU/Officers and workers and keep the records filed in your reference folder

3Used the template for recording consultation, cooperation and coordination between officers and keep the records filed in your reference folder

4 Become aware of reviewing your methods of consultation.

5 Checked what you have done by using as guidance the code of practice “Work Health and Safety Consultation, Cooperation and Coordination.”

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CHAPTER 3 – POLICIES

Chapter 3 – Policies

In this chapter you will be introducing a range of Work Health and Safety Policies into the workplace.

Prepare your workers through consultation for introducing WHS policies

The following is a suggested all workers’ memo to prepare your workers for introducing WHS policies. You may choose to distribute the memo by email or hard copy. If you only have a small number of workers you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for introducing WHS policies - Manual 2 Tab 21

Part 1 Prepare your policies

TEMPLATE policies are located in Manual 3.

The names of the policies are:Name of Policy Examples of the type of worker training that

may be requiredWork Health and Safety Policies Interpretation Policy

Make workers aware that this policy applies to all WHS policies. Apart from that a worker should understand this policy just by reading it. However, as with all policies go through the policy with workers and encourage questions if a worker is in doubt.

Work Health and Safety Policy A worker should understand this policy just by reading it. However, as with all policies go through the policy with workers and encourage questions if a worker is in doubt.

Hazard Reporting Policy A worker should understand this policy just by reading it. However, as with all policies go through the policy with workers and encourage questions if a worker is in doubt. Make workers aware of the hazard reporting form and where it kept. In a later chapter there will be training for

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Name of Policy Examples of the type of worker training that may be requiredworkers for hazard identification.

Emergency Plan Policy A worker should understand this policy just by reading it. However, as with all policies go through the policy with workers and encourage questions if a worker is in doubt. There is a complete section on the emergency plan that incorporates training.

First Aid Policy A worker should understand this policy just by reading it. However, as with all policies go through the policy with workers and encourage questions if a worker is in doubt. There is a section on first aid that incorporates the First Aid Treatment Log. Explain to workers that this log is completed by the first aider.

Working Alone Policy A worker should understand this policy just by reading it. However, as with all policies go through the policy with workers and encourage questions if a worker is in doubt. There is a complete section on working alone that incorporates training.

Anti-Discrimination Policy A worker should understand these 4 policies just by reading it. However, as with all policies go through the policy with workers and encourage questions if a worker is in doubt. Be particular about explaining to workers any complaint procedure mentioned in any of the policies. Also it will necessary to organise training for anti-discrimination, sexual harassment and bullying.

Workplace Bullying and Harassment Policy

Racial Vilification Policy

Whistleblowing Policy

Drug and Alcohol Policy A worker should understand these 4 policies just by reading it. However, as with all policies go through the policy with workers and encourage questions if a worker is in doubt.

Grievance Policy A worker should understand these 4 policies just by reading it. However, as with all policies go through the policy with workers and encourage questions if a worker is in doubt. Be particular about explaining to workers the complaint procedure mentioned in the policy

Smoking Policy A worker should understand these 4 policies just by reading it. However, as with all policies go through the policy with workers and encourage questions if a worker is in doubt.

Workers Compensation Policy A worker should understand these 4 policies just by reading it. However, as with all policies go through the policy with workers and encourage questions if a worker is in doubt.

Employee acknowledgement receipt After you have finished explaining the policies to workers and answered questions, then request each worker to return the signed receipt.

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How to prepare your policies

Go through each template policy with the aim of adapting it to your business. There may be a matter in a policy that is not relevant to your business and you may want to delete it; or there may be a matter not mentioned in a policy that is relevant to your business and you may want to insert it. Also, you may want to add your business name and logo to each policy. Remember electronic versions of the WHS manuals are accessible on REEF’s web site if you have purchased a hard copy.

Part 2 Distribute draft policies for consultation and then introduce them

1. Distribute the policies as a draft to your workers either in hard copy or soft copy if each worker has a work computer.

2. Consult with your workers over the contents of the policies and explain each policy. Inform your employees that some policies and procedures will require the employees to be trained. Generally training will be covered as you go through the Chapters.

3. Introduce each policy. The workers must sign the employee acknowledgement receipt for the policies and return the receipt.

Part 3 Required outcomes of introducing policies

When introducing any policy you should endeavour to achieve the following OUTCOMES

Each worker:

(a) is aware of the contents of the policy(b) understands the contents of the policy(c) receives appropriate policy training(d) undertakes to comply with the policy(e) is aware that certain consequences may follow for non-compliance with the policy(f) signs an acknowledgement receipt(g) The employer must be consistent in applying and enforcing policies to all employees at

all times. You cannot discipline an employee for breaching a policy if you previously let another employee “off the hook” for doing the same thing. All you can do under those circumstances is communicate to your employees that you are drawing a line in the sand and any further breaches will be actioned.

If an employer dismisses an employee for a breach of a policy and the employer is not in a position to demonstrate all of the above then the employee will probably succeed with an unfair dismissal remedy.

Even if the employer can demonstrate all of the above and before the employer dismisses an employee for a breach of policy there are still other factors to consider, for example:

(i) Just how serious was the breach to warrant dismissal – does the punishment fit the crime – are you out for lawful discipline or for revenge?

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(ii) Were previous warnings necessary?(iii) What about the employee’s previous good conduct and length of service and family

responsibilities?(iv) How strong is your evidence?(v) What about any other like relevant factors?

There is equal onus on the employer to comply with policies. If an incident occurs then ensure you as the employer follow the policy in question. Many an employer has been sued by an employee for breaching their own policy and the employee awarded damages.

Wrap up of Chapter Three

In this chapter you should have:

Done1 Prepared each policy

2 Introduced the WHS policies through consultation and achieved the above mentioned outcomes.

3 Become aware that some policies have training attached to them which generally will be covered as you go through the Chapters.

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CHAPTER 4 – HOW TO MANAGE WORK HEALTH AND SAFETY RISKS

Chapter 3 – Managing safety risks

1. In this chapter you will be dealing with:

IDENTIFYING hazards ASSESSING any risks associated with identified hazards CONTROLLING any risks

2. You will be paying special attention to EMPLOYEES WORKING ALONE because salespersons and property managers mostly work alone when in the field – you also have the case for example of a receptionist left alone in the office.

There are 2 codes of practice for guidance for this chapter, namely “How to Manage Work Health

and Safety Risks” and “Managing the Work Environment and Facilities (for workers working alone).”

Prepare your workers for introducing a procedure of identifying, assessing and controlling WHS hazards/risks

The following is a suggested all workers’ memo to prepare your workers for identifying, assessing and controlling hazards/risks in the workplace. If you only have a small number of workers you may prefer to speak with them as a group as opposed to a memo or you may wish to distribute the memo by email or in hard copy.

TEMPLATE All workers’ memo to prepare your workers for identifying, assessing and controlling hazards/risks in the workplace - Manual 2 Tab 22

NOTE: Identifying, assessing and controlling hazards/risks in the workplace is the ‘engine room’ or ‘pith and substance’ of WHS (together with an emergency plan). So put a special effort into implementing a system for identifying, assessing and controlling hazards/risks in the workplace and later when you do your emergency plan.

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Part 1 Key terms

HAZARD means something that has a potential to harm a person. For example, a frayed electrical cord.

RISK is the likelihood of death, injury or illness if exposed to a hazard. For example, someone may be electrocuted because of the frayed electrical cord.

RISK CONTROL means taking action to eliminate the risk so far as is reasonably practicable and if that is not possible then to minimise the risk. For example, immediately isolating the frayed electrical cord until it is repaired.

Part 2 The four steps to safety risk management

1. Identify hazards2. Assess risks3. Control risks4. Review control measures

We will now deal each of the four steps separately. You must implement each step.

Make sure you master the four steps to safety risk management because this process is applied time and time again and really is at the heart of workplace health and safety.

Part 3 IDENTIFYING HAZARDS

Division 1 – Regular checks and reporting

For those with little or no experience in identifying hazards in the workplace, use a checklist for identifying hazards.

Using a checklist

There are many checklists available to locate hazards in the workplace and the following template is just one of them.

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7

Please use this checklist to do at least a quarterly inspection of your workplace to identify hazards. Some items in the checklist may not be relevant as it is a generic checklist.

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Utilising this checklist should take top priority because it will enable you to cover and find most onsite and offsite hazards in relation to work health and safety and the codes of practice. Give this checklist your undivided attention. Complete the checklist in consultation with your workers. Where you answer “NO”, follow it up with assessment of the risks and if necessary control of the risks! Identifying offsite hazards is particularly relevant to real estate and this is covered in more detail later for workers working alone.

See also:

CHECKLIST—PREVENTING SLIPS AND TRIPS AT WORK under Chapter 11CHECKLIST—ELECTRICAL under Chapter 8CHECKLIST—MANUAL HANDLING under Chapter 10CHECKLIST—EMPLOYEE INDUCTION under Chapter 18CHECKLIST—EMERGENCY PROCEDURES under Chapter 5 and Manual 4CHECKLIST—CHEMICALS under Chapter 14

Consultation

Consult with your workers about what hazards they think may exists in the workplace.

Reporting

Introduce the following template hazard / near miss report form and make your workers aware of its use. Your workers will use this form to report a hazard or a near miss. Remember a hazard means something that has a potential to harm a person. Some people will immediately ‘see’ a hazard whereas another person looking at the same thing won’t see a hazard and this is another reason that reasonably broad consultation should take place.

TEMPLATE Hazard / Near Miss report form – Manual 2 Tab 8

Please ask your workers to use this form to report a hazard (even if they have fixed it) or near miss.

Reporting injury or dangerous occurrence

If there is an injury or dangerous occurrence the following form should be used. Introduce it and make your workers aware of its use.

TEMPLATE Injury or dangerous occurrence report form – Manual 2 Tab 9

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Please use this form to record an injury or dangerous occurrence.

Keeping a record of identified hazards

All identified hazards should be recorded in the HAZARD REGISTER Tab 10 – this register should contain a complete list of identified hazards – if a hazard is initially recorded in another form then transfer it to this register.

The following form is a template hazard register. This is a very important form so keep it up to date! – it is used to record a hazard, assess the risk and control the risk.

TEMPLATE Hazard Register – Manual 2 Tab 10

Use the following template to record any hazardous substances (see also Chapters 14 & 15)

TEMPLATE Register of Hazardous Substances – Manual 2 Tab 11

Training your workers in hazard identification

You should make your workers aware of:

(i) Hazard Reporting Policy(ii) Inspection checklist(iii) Hazard report form(iv) Hazard register(v) Reporting a near miss(vi) Attending to a hazard themself if able and qualified and if not able and qualified then to

report it.

Division 2 – Working alone

“Working alone” in real estate deserves to be dealt with separately when identifying hazards in the workplace.

Remember that a workplace is anywhere a worker goes.

The following Code of Practice gives guidance on workers working alone:

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MANAGING THE WORK ENVIRONMENT AND FACILITIES

You can use the part of this Code of Practice as further guidance or after you have finished this Chapter using the code as a checklist over what you have done.

Finding hazards for working alone

Ask your salespersons and property managers and clerks (if ever left alone in the office) what health and safety hazards they think exist to them as individuals when they are required to work alone. Do not get too pedantic over what is a hazard as opposed to what is a risk as sometimes the definitions of each blur for lay people – just ask your workers, “What circumstances in working alone could arise that could be dangerous or harmful to your health and safety, including examples of past actual incidents?”

Consider the following list of duties and what hazards may arise from working alone: Inspections Appointments out of the office Alone in the office Road rage or road accidents Client becomes agitated, angry or exhibits signs of violence Dogs of unknown temperament Loose asbestos Unknown terrain Unhealthy premises Insecure structures Persons of known violent disposition Different types of unfamiliar premises

Record all the identified hazards in the following template and follow up with assessment and control which is dealt with in this chapter in the following Parts 4 & 5. Perhaps hold a brainstorming session with your salespersons and property managers (and clerks who are alone in the office) to come up all the hazards that arise from working alone in the field. This has been done in the past with very good results.

TEMPLATE Hazard Register – Manual 2 Tab 10

Part 4 ASSESSING RISKS

Under Part 3 you identified hazards/risks in the workplace. Now under Part 4 you learn how to assess those the risks

Use the Matrix to assess each risk

Use the following matrix to assess the likelihood of the risk occurring from ‘rare’ to ‘almost certain’ and then what type of impact that risk would have if it happened.

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Record the rated likelihood of each risk in the TEMPLATE Hazard Register – Manual 2 Tab 11

Now assessing some hazards is not rocket science nor will you have to refer to any matrix. For example if a frayed electrical cord to the kettle is seen in the workplace kitchen the assessment and the control of that hazard is more or less instantaneous. That is, you isolate the power source immediately and put the kettle somewhere where it cannot be used until a new kettle or cord is secured. Your assessment and control is done immediately upon seeing the frayed cord.

However, assessing and controlling some risks will take more thought and perhaps seeking advice.

The urgency of assessment and control will be dictated by the above matrix. If the risk is critical you take action immediately but if the risk is rare and very low you should have plenty of time to assess and control the risk.

Sometimes a risk emanating from an identified hazard is not all that obvious and even identifying a hazard may not be obvious. This is where is very important to consult the worker/s who does the job. No one knows the job and any hazards associated with it better than the person who does the job or works in a certain environment.

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Part 5 Controlling risks

(a) So under Part 3 you IDENTIFIED HAZARDS(b) Then under Part 4 you ASSESSED the risks emanating from the hazards (c) Now under Part 5 you CONTROL those risks to keep people safe

With Risk Management all risks can be controlled and it is always possible to do something, such as stopping the activity or providing instructions/training to those exposed to the risk.

There will normally be a number of different options between these two extremes.

Cost (in terms of time, effort as well as money) is just one factor to consider when determining the best control option. The cost of controlling a risk may be taken into account in determining what is reasonably practicable, but cannot be used as a reason for doing nothing.

Cost cannot be used as a reason for adopting controls that rely exclusively on changing people’s behaviour or actions when there are more effective controls available that can change the risk through substitution, engineering or isolation.

The hierarchy of control

The ways of controlling risks can be ranked from the highest level of protection and reliability to the lowest as shown in the Figure. This ranking is known as the hierarchy of control.

Figure : The hierarchy of control

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You must always aim to eliminate a hazard, which is the most effective control. If this is not reasonably practicable, you need to minimise the risk by working through the other alternatives in the hierarchy.

Control measures include:

Eliminate the hazard Substitute the hazard for something safer Isolate the hazard from people Use administrative controls Use personal protective equipment (PPE)

Record the control measure of each risk in the TEMPLATE Hazard Register – Manual 2 Tab 11

Office controls in real estate

The following is meant as general assistance to you in taking a global picture of your office and some examples what you and your workers could be thinking about to control any work health and safety hazards.

A real estate office will have: So what should be on your mind as far as controls are concerned (not exhaustive)?

1

People working at desks using computers and phones. Work environment and welfare provisions.

Working space; lighting; ventilation; desk & computer ergonomics; VDU’s and radiation; hygiene re several people using same PC’s and phones; toilets; drinking water; dining facilities and so on

2 Photocopying machines with the associated chemicals

Exhaust fan and ventilation re copier fumes; handling of cartridges

3 Chemicals in the kitchen and perhaps in a ‘cleaner’s pantry’

Safe use; rarely or still needed? Is there an obligation to lable (see the relevant code)?

4Manual handing tasks to consider (perhaps the heaviest lifting examples will be a box of copying paper or a full archive box)

Correct lifting procedures

5Stairs if a second (or more) story is involved

Sufficient handrails with instruction to hold on to them and not to run; non-slip stairs; safe construction etc

6Other stakeholders to be considered if the office is in a complex

Eg in a shopping complex PCBU to be in alignment with centre manager on evacuation procedures or gas works next door

76

The likelihood of the receptionist being separated from other workers and being first in line for a member of the public entering

Don’t encourage cash or if cash don’t take at front counter; panic button; sign ‘no cash on premises’; training re aggressive people or holdup and so on

8 A rear entry door if on the ground floor Is it kept locked to prevent unauthorised entry by undesirables?

9 Electrical equipment and outlets Is everything tested and tagged on a regular basis?

10 The potential for an emergency Evacuation plan; everyone trained in evacuation; all exits marked; entry/exit safe and clear? fire extinguishers in place and workers trained to use

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them; everyone trained in handling aggressive people? Fire wardens and first aiders trained

11 The possibility of discrimination, sexual harassment or bullying.

Everyone received training?

12 Consultation Do you consult your workers on work health and safety matters on a regular basis?

13

Training Are your workers trained? E.g. fire wardens, first aiders, discrimination, sexual harassment, bullying; emergencies; manual handling; ergonomics in the office; dealing with aggression and so on

14Someone, e.g. receptionist, left alone in the office

Training in dealing with aggressive or violent people; rules (e.g. keep front door locked); communication; and so on

Record the control measure of each risk in the TEMPLATE Hazard Register – Manual 2 Tab 10

Field controls in real estate when working alone

Record the control measure of each risk in the TEMPLATE Hazard Register – Manual 2 Tab 10

Workers working alone may require training in relation to the associated risks. The following table gives suggestions on some of the associated risks:

A real estate office will have Salespersons and Property Managers:

So what should be on your mind as far as controls are concerned when the worker is working alone (not exhaustive)?

1Attending open inspections of properties alone

Means of communication; aggressive people; security; animals; rules when the appointment is at night time and so on

2Attending appraisal of properties alone Means of communication; aggressive people;

security; animals; rules when the appointment is at night time and so on

3 Driving a motor vehicle a significant amount of the time

Safe driving; perhaps defensive driving training in appropriate circumstances; road rage

4Attending appointments out of the office alone where the party has not been met before

Means of communication; aggressive people; security; animals; rules when the appointment is at night time and so on

5Doing inspection of properties alone Means of communication; aggressive people;

security; animals; rules when the appointment is at night time and so on

6 Dealing with people with a known propensity for aggressiveness

Training in dealing with such situations

7Consultation Do you consult your workers on work health and

safety matters on a regular basis particularly in working alone situations?

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8

Training Is appropriate training given when working alone? E.g. communication; dealing with aggressive people and unknown animals particularly dogs; handling road rage; safe driving; hazards associated with unknown terrain and premises and so on.

Type of risk Type of trainingPerson becomes violent or agitated The best method of handling such a situation.

The police and other agencies/companies provide such training.

Worker confronted with an armed holdup The best method of handling such a situation. The police and other agencies/companies provide such training.

Road rage Hold group discussions with your workers as to past experiences and suggestions on how to avoid or handle road rage. The police and other agencies/companies may provide such training.

Unhealthy premises The local council health inspector may be able to give a talk to workers

Slips, trips and falls in unfamiliar premises or on unfamiliar terrain

Give an instruction as to appropriate footwear. Hold group discussions with your workers as to past experiences and suggestions on how to avoid slips, trips and falls.

Animals particularly dogs Hold group discussions with your workers as to past experiences and suggestions on how to animal situations. Give instructions not to enter premises until dogs have been secured.

Vehicle accidents Defensive driving courses.There are other risks for which training should be provided. This list is given to give you an idea about training for the risks associated with working alone.

Implementing controls for working alone

When assessing and controlling risks for working alone consider the following:

The length of time the person may be working alone How long would the person need to be alone to finish the job?

The time of day when a person may be working alone Is there increased risk at certain times of day? For example, a service station attendant working

alone late at night may be at greater risk of exposure to violence.

Communication What forms of communication does the worker have access to? Are there procedures for regular contact with the worker? Will the emergency communication system work properly in all situations?

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If communication systems are vehicle-based, what arrangements are there to cover the worker when he or she is away from the vehicle?

The location of the work Is the work in a remote location that makes immediate rescue or attendance of emergency

services difficult? What is likely to happen if there is a vehicle breakdown?

The nature of the work What machinery, tools and equipment may be used? Are high risk activities involved? For example work at heights, work with electricity, hazardous

substances or hazardous plant. Is fatigue likely to increase risk (for example, with long hours driving a vehicle or operating

machinery)? Is there an increased risk of violence or aggression when workers are alone? Can environmental factors affect the safety of the worker? For example, exposure to extreme hot

or cold environment? Is there risk of attack by an animal, including reptiles, insects and sea creatures?

The skills and capabilities of the worker What is the worker’s level of work experience and training? Is the worker able to make sound

judgements about his or her own safety? Are you aware of a pre-existing medical condition that may increase risk?

Buddy system Some jobs present such a high level of risk that workers should not work alone, for example jobs where violence has occurred.

Workplace layout and design Workplaces and their surrounds can be designed to reduce the likelihood of violence, for example by installing physical barriers, monitored CCTV and enhancing visibility.

Communication systems The type of system you choose will depend on the distance from the base and the environment in which your worker will be located or through which he or she will be travelling. Expert advice and local knowledge may be needed to assist with the selection of an effective communication system. If a worker is working alone in a workplace that has a telephone, communication via the telephone is adequate, provided the worker is able to reach the telephone in an emergency. In situations where a telephone is not available, you should choose a method of communication that will allow a worker to call for help in the event of an emergency at any time, for example:

Personal security systemsBeing wireless and portable, are suitable for people moving around or checking otherwise deserted workplaces. Some personal security systems include a non-movement sensor that will automatically activate an alarm transmission if the transmitter or transceiver has not moved within a certain time.

Radio communication systems Enable communication between two mobile users in different vehicles or from a mobile vehicle and a fixed station. These systems are dependent upon a number of factors such as frequency, power and distance from or between broadcasters.

Satellite communication systems

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Enable communication with workers in geographically remote locations. Satellite phones allow voice transmission during transit, but their operation can be affected by damage to aerials, failure of vehicle power supplies, or vehicle damage.

Distress beacons Should be provided where life-threatening emergencies may occur, to pinpoint location and to indicate by activation of the beacon that an emergency exists. Distress beacons include Emergency Position Indication Radio Beacons (EPIRB) used in ships and boats, Emergency Locator Transmitters (ELT) used in aircraft and Personal Locator Beacons (PLB) for personal use.

Mobile phones Cannot be relied upon as an effective means of communication in many locations. Coverage in the area where the worker will work should be confirmed before work commences. Geographical features may impede the use of mobile phones, especially at the edge of the coverage area, and different models have different capabilities in terms of effective range from the base station. Consult your provider if there is any doubt about the capability of a particular phone to sustain a signal for the entire period the worker is alone. If any gaps in coverage are likely, you should consider other methods of communication. It is important that batteries are kept charged and a spare is available.

Movement records Knowing where workers are expected to be can assist in controlling the risks, for example call-in systems with supervisors or colleagues.

Training, information and instruction Workers need training to prepare them for working alone and, where relevant, in remote locations. For example, training in dealing with potentially violent clients, using communications systems, administering first aid, obtaining emergency assistance driving off-road vehicles or bush survival.

Record the control measure of each risk in the TEMPLATE Hazard Register – Manual 2 Tab 10

Implementing controls through Safe Operating Procedures

To allow some control measures to operate effectively, you should:

Develop safe operating procedures (SOP) If the control measures are designed to address significant risks then it may be necessary to develop a safe work procedure which describes the task, identifies the hazards and documents how the task is to be performed to minimise the risks.

An example of one type of procedure is the sample SAFE OPERATING PROCEDURE OUT OF OFFICE MEETING WORKING ALONE Manual 2 Tab 13 – so take a look at this sample and you can write your own safe operating procedures (SOPs). For example, you might have one for manual handling, desk ergonomics; dealing with aggressive people; working alone etc.

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SAMPLE Safe Operating Procedure out of office meeting working alone – Manual 2 Tab 12

You should do a SAFE OPERATING PROCEDURE or SOP where a risk cannot be eliminated so that at least the SOP will minimise the risk. You cannot eliminate a salesperson driving a motor vehicle or doing an open inspection because the risk of road rage may arise or the risk that someone attending an open may become threatening; but what you can do is an SOP to minimise those risks.

Provide training, instruction and information First you so an SOP in consultation with your workers and then you should train your workers in the safe operating procedure to ensure that they are able to perform the task safely. Training should require workers to demonstrate that they are competent in performing the task according to the procedure. It is insufficient to simply give a worker the procedure and ask them to acknowledge that they understand and are able to perform it. You should ensure that all training, instruction and information is provided in a form that can be understood by all workers.

Information and instruction may also need to be provided to others who enter the workplace, such as customers or visitors.

Provide supervision In determining the level of supervision required you should consider the level of risk and the experience of the workers involved. High levels of supervision are necessary where inexperienced workers are expected to follow new procedures or carry out difficult and critical tasks.

Part 6 Reviewing controls

The controls that you put in place to protect the health and safety of people need to be monitored and reviewed regularly

There are certain situations where you will be required to review your control measures under the WHS Regulations and, if necessary, revise them.

A review is generally required when: a significant change occurs to the workplace, work process or system of work there is evidence that a risk control measure does not adequately control the risk, or a notifiable incident occurs.

You can use the same methods as in the initial hazard identification step to check controls. Consult your workers and their health and safety representatives and consider the following questions:

Are the control measures working effectively in both their design and operation? Have the control measures introduced new problems? Have all hazards been identified? Have new work methods, new equipment or chemicals made the job safer? Are safety procedures being followed? Has instruction and training provided to workers on how to work safely been successful?

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Are workers actively involved in identifying hazards and possible control measures? Are they openly raising health and safety concerns and reporting problems promptly?

Are the frequency and severity of health and safety incidents reducing over time? If new legislation or new information becomes available, does it indicate current controls

may no longer be the most effective?

Part 7 Keeping records

Keeping records of the risk management process demonstrates potential compliance with the WHS Act and Regulations. It also helps when undertaking subsequent risk assessments.Keeping records of the risk management process has the following benefits.

It: allows you to demonstrate how decisions about controlling risks were made assists in targeting training at key hazards provides a basis for preparing safe work procedures allows you to more easily review risks following any changes to legislation or business

activities allows new staff to understand why risk control decisions have been made, and demonstrates to others (regulators, investors, shareholders, customers) that work health

and safety risks are being managed.

The detail and extent of recording will depend on the size of your workplace and the potential for major work health and safety issues.

It is useful to keep information on:

the identified hazards, assessed risks and chosen control measures (including any hazard checklists, worksheets and assessment tools used in working through the risk management process)

how and when the control measures were implemented, monitored and reviewed who you consulted with relevant training records; and any plans for changes.

There are specific record keeping requirements in the WHS Regulations for some hazards, such as hazardous chemicals. If such hazards have been identified at your workplace, you must keep these records for the time specified.

Make sure that everyone in your workplace is aware of record keeping requirements, including which records are accessible and where they are kept.

For recording purposes TEMPLATES have been identified in this manual.

Part 8 Training workers to identify, assess and control hazards/risks

Once the PCBU and Officers have a working knowledge of:1. Part 4 Identifying hazards; and2. Part 5 Assessing risks; and

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3. Part 6 Controlling risksall the workers should be briefed on how to identify, assess and control hazards/risks. Do not forget to do a Record of Training form.

A worker should only control a risk if the worker is competent to do so and it is safe; otherwise the worker reports the hazard/risk using the appropriate report form.

Part 9 Implementing controls for contractors

SAMPLES of Trades pre-qualification; Covering letter; and Instructions to REEF SA/NT Members;– Manual 2 Tab 37

When land agents engage contractors on behalf of landlords or sellers it is advisable to pre-qualify the tradesperson’s experience and competency and that if necessary they hold the appropriate licence/s. The sample forms including the instructions explain what to do.

In the Trades pre-qualification form the contractor declares that they:

(i) hold the requisite licence/s, qualifications, skills, competence and experience to carry out the work safely; and

(ii) are covered by Workers Compensation insurance in relation to the works to be performed; and

(iii) are covered by public liability and professional indemnity insurance in relation to the works that will be performed; and

(iv) are aware that you are required to comply with the Work Health & Safety Act (SA) as amended or the Work Health and Safety (National Uniform Legislation) Act 2011 (NT) and all associated regulations and codes of practice; and

(v) will perform a Risk Assessment and a Job Safety Analysis (JSA) before undertaking the work and that will be done and provide a copy of that Risk Assessment or JSA to the Principal if the Principal so requests; and

(vi) will not undertake work nor will you allow any workers associated with you to undertake work for which you or they are not licenced, qualified, competent or experienced to perform.

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CHAPTER 5 – MANAGING THE WORK ENVIRONMENT AND FACILITIES

Chapter 5 – Work Environment & Facilities

1. In this chapter you will be dealing with the:

WORK ENVIRONMENT (ventilation, lighting etc) FACILITIES (toilets, drinking water, washing and eating facilities etc) OUTDOOR WORK (working in heat etc); and an EMERGENCY PLAN

2. For additional guidance there is code of practice for this chapter, namely “Managing the Work Environment and Facilities.”

PLEASE NOTE: The TEMPLATE for WHS inspection checklist – Manual 2 Tab 8 (Chapter 4, Part 4) should identify many of the matters the PCBU is responsible for in relation to this Chapter for the work environment, facilities and outdoor work.

However, you should still go through this Chapter and also seek further guidance from the applicable code, “Managing the Work Environment and Facilities” – from this code we dealt with Working Alone in the last chapter.

An emergency plan as mentioned in the code will be dealt with under Part 5 in this chapter as a separate procedure altogether.

Prepare your workers for consultation on the work environment and facilities

The following is a suggested all workers’ memo to prepare your workers for consultation on the work environment and facilities. If you only have a small number of workers you may prefer to speak with them as a group as opposed to a memo or a memo may be distributed in hard copy or by email.

TEMPLATE All workers’ memo to prepare your workers for consultation on the work environment and facilities - Manual 2 Tab 23

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Part 1 Work environment and facilities

Welfare facilities must be clean, safe, accessible and in good working order.

Part 2 Work environment

A PCBU must, as far as is reasonably practicable, ensure that:

Entry and exit - the layout of the workplace allows, and is maintained to allow, persons to enter and exit the workplace and move within it safely, both under normal working conditions and in an emergency

Housekeeping - good housekeeping practices are in place

Work space - work areas have space for work to be carried out safely

Surfaces - floors and other surfaces are designed, installed and maintained to allow work to be carried out safely

Workstations - workstations are assessed

Lighting - lighting enables each worker to carry out work safely, persons to move around safely and for safe evacuation in an emergency

Ventilation - ventilation enables workers to carry out their work without risk to their health and safety

Heat and cold - workers exposed to extremes of heat or cold are able to carry out work without risk to their health and safety, and

Services - work in relation to or near essential services (such as gas, electricity, water, sewerage and telecommunications) do not affect the health and safety of persons at the workplace.

Part 3 Welfare provisions

A PCBU must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing and eating facilities. These facilities must be in good working order, clean, safe and accessible.

Access to facilities

Your workers, including those who have particular needs or disabilities, must have access to the facilities. In most cases, this means you are required to provide them. However, you may not need to provide facilities yourself if they are already available close to the workplace and are suitable for your workers. You must also ensure that your workers have appropriate opportunities to use them.

Drinking water – paragraph 3.2 of the code

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Toilets - paragraph 3.3 of the code

Hand washing - paragraph 3.4 of the code

Dining facilities - paragraph 3.5 of the code

Personal Storage - paragraph 3.6 of the code

Change rooms - paragraph 3.7 of the code

Shower facilities - paragraph 3.8 of the code

Part 4 Outdoor work Outdoor workers need to have access to shelter for eating meals and taking breaks, and to protect them in adverse weather conditions.

You should provide access to shelter such as sheds, caravans, tents, windbreaks or portable shade canopies. In some situations, vehicles or public facilities may provide appropriate short-term shelter.

You should also provide protection against solar ultraviolet (UV) exposure, for example by:

reorganising outdoor work if possible so that workers carry out alternative tasks, or work in shade, when the sun is most intense, that is, between 10.00 am and 2.00 pm (11.00 am and 3.00 pm when there is daylight saving), and

providing personal protective clothing (wide brim hat, long sleeved collared shirt, long pants, sunglasses) and sunscreen.

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Part 5 Emergency plans

All workplaces must have an emergency plan that has been specifically developed for the particular workplace and covers different types of emergency situations, including:

fire or explosion dangerous chemical release medical emergency natural disaster bomb threat violence or robbery.

Shopping complexes etcThe preparation of an emergency plan for a workplace shared by a number of businesses (for example, a shopping centre, construction site or multi-tenanted office building) must be co-ordinated by the person with management or control of the workplace (who may be the property or complex manager, principal contractor or landlord) in consultation with all tenants or businesses at the workplace.

If you conduct your business at such a workplace and an emergency plan has already been prepared, you must consider the types of emergency situations that may arise from your business and take these into account in the emergency plan. You should first consult your workers and their health and safety representatives (if any) and then review, and if necessary revise, the emergency plan together with the person responsible for preparing it.

If there is no emergency plan at the workplace, you must develop your own. If your workplace presents a significant hazard in an emergency, you should also consult your local emergency services when developing the plan.

Preparing your emergency plan

If all personnel have to evacuate a building, the difference between confusion and order is preparation.

When evacuation is necessary all workers must know what to expect and what is individually expected of them.

Instructions

Refer to the TEMPLATE EMERGENCY PLAN and in consultation with your workers progressively CREATE and IMPLEMENT THE PLAN from the template (WORD doc on REEF’s website).

TEMPLATE EMERGENCY PLAN can be located in Manual 4

Please use this template to do your emergency plan. This is a very important part of WHS.

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A note on Chapters 6 to 17

Assuming you have implemented Chapters 1 through to 5 from this workbook, you will now have the knowhow to implement Chapters 6 through to 17 using the Codes to guide you. Some of the codes may not even apply to your workplace and only some parts of some codes may apply.

If you need further guidance for Chapters 6 through to 17 contact REEF SA/NT. Brief guidance will be free but extended guidance will be at a fee.

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CHAPTER 6 – FIRST AID

Prepare your workers for consultation on first aid

The following is a suggested all workers’ memo to prepare your workers for consultation on first aid. Either distribute it as a hard copy or by email. If you only have a small number of workers you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for consultation on first aid - Manual 2 Tab 24

Code of Practice

Your guidance for first aid is the Code of Practice, “First aid in the workplace”.

In consultation with your workers, you will need to work your way through the code and implement first aid procedures to satisfy the code for your particular workplace. As with any process you can have a competent worker assist you with certain tasks but you always retain the responsibility

There is a first aid policy which you should have introduced under an earlier chapter Every time first aid is administered a record must be made. For this purpose the following

template can be used:

TEMPLATE First Aid Treatment Log - Manual 2 Tab 13

Note the following headings in the Code of Practice

What is required in providing first aid? Size and location of the workplace Low risk workplace means....... First aid kits First aid signs Other first aid equipment Trained first aiders Number of trained first aiders First aid procedures Providing first aid information Reviewing your first aid requirements

Be guided by the code in such matters how many workers should be trained as first aiders and how many first aid kits you need and what they should contain.

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Risk Assessment

As with most WHS procedures you should conduct a Risk Management Process for first aid. This process is outlined for you in Appendix A of the Code of Practice “First aid in the workplace”.

First aid procedures for a real estate office should be reasonably straight forward. With workers who work alone in the field (particularly in rural areas) you should be identifying hazards in relation to what first aid may be required.

You should end up with at least: The required number of appropriate first aid kits (including car kits) and signage The required number of appropriately trained first aiders A policy in place The keeping of records of first aid administered

LEGISLATIVE FACT SHEETS

First aiders Fact Sheet

The role of first aiders under the model WHS laws This fact sheet provides information on the role of first aiders under the model Work Health and Safety (WHS) laws.

About the model WHS lawsThe model WHS laws recognise that workers who are trained as first aiders perform a valuable role in reducing the severity of injury or illness at the workplace.

The model WHS Regulations require a person conducting a business or undertaking (PCBU) at a workplace to ensure the provision of and access to first aid equipment and facilities. The PCBU must also ensure that an adequate number of workers are trained to administer first aid in the workplace, or that access to other trained first aiders is available to workers.

What are my duties as a first aider under model WHS Act?If you are a worker who is a trained first aider, you do not have any additional duties beyond those of other workers. All workers have a duty to:

a) take reasonable care for their own health and safety;b) take reasonable care not to adversely affect the health and safety of others;c) comply with any reasonable instructions given by the PCBU to allow it to comply with its

duties; and

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d) co-operate with any reasonable policy or procedure relating to health and safety at the workplace.

This means that workers who are first aiders need to take ‘reasonable care’ for their own safety and that of others in performing their normal work and in their role as a first aider. What is considered to be reasonable care will depend on what is reasonable in the circumstances taking into account your knowledge of first aid and the situation. In practical terms, the responsibility of first aiders is to provide care only to the level of their first aid training.

Will my duties as a first aider change under the WHS Act?The model WHS laws do not impose any new or additional duties on workers who are first aiders. If you are a trained first aider you will continue to have the same duties you have now.

Officers such as company directors have a duty to exercise due diligence to ensure that their PCBU complies with the model WHS Act. This duty extends to making sure that the PCBU has adequate arrangements in place for providing and accessing first aid equipment and resources. First aiders who make decisions about first aid arrangements, procedures or how to administer first aid at the workplace, are not considered to be officers under the WHS Act.

What must my PCBU do for me as a first aider?First aid requirements may vary from one workplace to the next depending on the nature of the work, the types of hazards present, the workplace size and location and the number of people at the workplace. All of these factors should be taken into account by a PCBU in deciding what first aid arrangements need to be provided. This includes the number of trained first aiders who should be available to administer first aid at the workplace.

Your PCBU must ensure that you are properly trained to administer first aid. First aiders should hold nationally recognised Statements of Attainment by a Registered Training Organisation for the nationally endorsed first aid units of competency. You should attend training on a regular basis to refresh your first aid knowledge and skills to confirm that you are competent to provide first aid. It is up to your PCBU to ensure that your first aid training is appropriate to the nature of the workplace and to pay for this if necessary.

Where there are hazards particular to your workplace or the operations at your workplace, you should be made aware of the hazards, the types of injuries or illnesses they may cause and the first aid required for such injuries or illnesses.

Where there are specific circumstances at your workplace, such as workers with severe allergies, you may also need to undertake additional first aid training in order to be able to respond effectively, especially if previous training has not covered the relevant topic.

Your PCBU must also ensure that:

1. first aid kits are accessible, properly equipped and well maintained;2. first aiders have the skills and competencies required of them;3. workers have access to trained first aiders at all times;4. workers know how to access trained first aiders and facilities; and5. workers know what to do in an emergency situation.

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Emergency procedures should specify the role of first aiders according to their level of qualification and competence. In particular, first aiders should be instructed not to exceed their training and expertise in first aid. Other staff, including supervisors, should be instructed not to direct first aiders to exceed their first aid training and expertise.

The PCBU must also consult (so far as is reasonably practicable) with workers (including first aiders) and other duty holders (such as other businesses) regarding the first aid facilities, equipment and procedures that are required at the workplace.

Am I entitled to be paid for my work as a first aider? Under the model WHS Act, there is no requirement that a first aider be paid for performing that role. Some organisations and companies do pay their first aiders a nominal amount in recognition of the importance of the role they perform.

Further guidance is available in the Code of Practice: First Aid in the Workplace

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CHAPTER 7 – PREVENTING AND RESPONDING TO WORKPLACE BULLYING

Prepare your workers for consultation on workplace bullying

The following is a suggested all workers’ memo to prepare your workers for consultation on workplace bullying. Either distribute it as a hard copy or by email. If you only have a small amount of employees you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for consultation on preventing workplace bullying - Manual 2 Tab 25

Code of Practice

Your working document for preventing and responding to workplace bullying (and harassment and discrimination) is the Code of Practice, “Preventing and Responding to Workplace Bullying.”

In consultation with your workers, you will need to work your way through the code and implement anti-bullying procedures to satisfy the code for your particular workplace. As with any process you can have a competent worker assist you with certain tasks but you always retain the responsibility

There are several policies which you should have introduced under an earlier chapter, namely, Workplace Bullying & Harassment; Anti-Discrimination; Racial Vilification; and Whistle blowing; Personal Grievance Procedure.

Note the following headings in the Code of Practice

What is workplace bullying? What is not considered workplace bullying? (important to know for performance

management) What is involved in preventing workplace bullying? Identifying and assessing the risk of workplace bullying (see also Appendix A for guidance) Controlling the risk of workplace bullying (see also Appendix A for guidance) Information and training Responding to workplace bullying

Training

Training workers in relation to workplace bullying, harassment and discrimination is a very important part of putting control measures in place to prevent such behaviour.

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Find an appropriate training provider (such as REEF SA/NT) and make it compulsory for all employees and managers to attend the training and keep a record of the training by using the following template:

TEMPLATE Record of Training – Manual 2 Tab 14

YOU SHOULD USE THIS TEMPLATE TO RECORD ANY WHS TRAINING OF WORKERS

You should end up with at least: The required policies in place The required training of workers A risk assessment done for bullying (and harassment & discrimination) and appropriate

controls put in place. The code guides you in how to do this All matters done in consultation with your workers Record in the relevant folder that you prepared at the beginning of this workbook, how and

what you have done to implement the code or only the relevant part/s of the code. Not everything in some codes will be relevant.

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CHAPTER 8 – MANAGING ELECTRICAL RISKS IN THE WORKPLACE

Prepare your workers for consultation on workplace electrical risks

The following is a suggested all workers’ memo to prepare your workers for consultation on workplace bullying. Either distribute it as a hard copy or by email. If you only have a small amount of employees you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for consultation on workplace electrical risks - Manual 2 Tab 26

Code of Practice

Your working document for guidance for managing electrical risks is the Code of Practice, “Managing Electrical Risks in the Workplace.”

In consultation with your workers, you will need to work your way through the code and implement procedures to satisfy the code for your particular workplace. As with any process you can have a competent worker assist you with certain tasks but you always retain the responsibility

There will be parts of this code that will not apply to a real estate office

Use the following checklist to assist in identifying any electrical hazards in the office.

TEMPLATE for electrical checklist – Manual 2 Tab 7A

You can also use the relevant part of the following checklist to assist in identifying any electrical hazards in the office.

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7

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Because salespersons and property managers visit so many different types of premises that they are not familiar with you should do a SAFE OPERATING PROCEDURE for these circumstances for electrical hazards.

For a Sample SOP see:

SAMPLE Safe Operating Procedure out of office meeting working alone – Manual 2 Tab 12

Note the following headings in the Code of Practice Unsafe electrical equipment and electrical installations at the workplace Inspecting and testing electrical equipment Standards for inspection and testing How often regular testing is required Requirements for those carrying out inspection and testing of electrical equipment Recording results of testing Residual current devices (RCDs) Other legal requirements Record in the relevant folder that you prepared at the beginning of this workbook, how and

what you have done to implement the code or only the relevant part/s of the code. Not everything in some codes will be relevant.

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CHAPTER 9 – PREVENTING AND MANAGING FATIGUE IN THE WORKPLACE

Prepare your workers for consultation on workplace fatigue

The following is a suggested all workers’ memo to prepare your workers for consultation on workplace fatigue. Either distribute it as a hard copy or by email. If you only have a small amount of employees you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for consultation on workplace fatigue - Manual 2 Tab 27

Code of Practice

Your working document for guidance for fatigue is the Code of Practice, “Preventing and Managing Fatigue in the Workplace.”

In consultation with your workers, you will need to work your way through the code and implement fatigue procedures to satisfy the code for your particular workplace. As with any process you can have a competent worker assist you with certain tasks but you always retain the responsibility

Implementing this code will improve your workplace culture; help you risk manage stress claims; and allow you to monitor your workers welfare

As with most codes you again do a risk assessment by identifying, assessing and controlling hazards/risks in relation to worker fatigue. The appendices in the code will assist you in doing this.

For a real estate office the following checklist may assist in identifying any fatigue hazards in the office.

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7

Note the following headings in the Code of Practice What is fatigue? What is involved in preventing and managing fatigue? Managing risks associated with fatigue Record in the relevant folder that you prepared at the beginning of this workbook, how and

what you have done to implement the code or only the relevant part/s of the code. Not everything in some codes will be relevant.

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CHAPTER 10 – HAZARDOUS MANUAL TASKS

Prepare your workers for consultation on workplace manual handling

The following is a suggested all workers’ memo to prepare your workers for consultation on workplace manual handling. Either distribute it as a hard copy or by email. If you only have a small amount of employees you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for consultation on workplace manual handling - Manual 2 Tab 28

Code of Practice

Your working document for guidance for hazardous manual tasks is the Code of Practice, “Hazardous Manual Tasks.”

In consultation with your workers, you will need to work your way through the code and implement hazardous manual tasks procedures to satisfy the code for your particular workplace. As with any process you can have a competent worker assist you with certain tasks but you always retain the responsibility

Unlike manufacturing, the real estate industry generally will not present many hazardous manual tasks. Two examples around the office would be prolonged use of a key board or lifting boxes

As with all codes you again do a risk assessment by identifying, assessing and controlling hazards/risks in relation to worker hazardous manual tasks. The appendices in the code will assist you in doing this.

The following checklist will assist in identifying any hazardous manual tasks in the office or in the field.

TEMPLATE for Manual Handling checklist – Manual 2 Tab 7B

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The following checklist will also assist in identifying any hazardous manual tasks in the office or in the field.

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7

Note the following headings in the Code of Practice What is a hazardous manual task? And then items 2, 3, 4 and 5 go into the identification, assessment and control of hazardous

manual tasks Record in the relevant folder that you prepared at the beginning of this workbook, how and

what you have done to implement the code or only the relevant part/s of the code. Not everything in some codes will be relevant.

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CHAPTER 11 – HOW TO PREVENT FALLS AT WORKPLACES

Prepare your workers for consultation on workplace slips trips and falls

The following is a suggested all workers’ memo to prepare your workers for consultation on workplace slips, trips and falls. Either distribute it as a hard copy or by email. If you only have a small amount of employees you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for consultation on workplace slips trips and falls - Manual 2 Tab 29

Code of Practice

Your working document for guidance for falls is the Code of Practice, “How to Prevent Falls at Workplaces.”

In consultation with your workers, you will need to work your way through the code and implement the prevention of falls procedures to satisfy the code for your particular workplace. As with any process you can have a competent worker assist you with certain tasks but you always retain the responsibility

Parts of this code will generally not apply to a real estate office As with all codes you again do a risk assessment by identifying, assessing and controlling

hazards/risks in relation to the prevention of falls. Do not forget in your risk assessment the field work carried out by salespersons and property managers.

The following checklist will assist in identifying any slips, trips and fall hazards (There is also a checklist a few pages further down).

TEMPLATE for slips, trips and falls checklist – Manual 2 Tab 7C

The following checklist will also assist in identifying any fall hazards in the office or in the field.

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7

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Record in the relevant folder that you prepared at the beginning of this workbook, how and what you have done to implement the code or only the relevant part/s of the code. Not everything in some codes will be relevant.

AND SEE THE FOLLOWING FACT SHEET

This fact sheet provides general guidance for persons conducting a business or undertaking (PCBUs) and workers on managing risks to health and safety from slips and trips.

The information in this fact sheet applies to falls that result from a slip or trip but it does not apply to falls from a height for example, falls from one level to another. For guidance on falls from height, refer to the Code of Practice: Managing the Risk of Falls at Workplaces.

Slips and trips Slips and trips result in thousands of injuries every year. The most common ones are musculoskeletal injuries, cuts, bruises, fractures and dislocations but more serious injuries can also occur. Slips occur when a person’s foot loses traction with the ground surface due to wearing inappropriate footwear or when walking on slippery floor surfaces such as those that are highly polished, wet or greasy. Trips occur when a person unexpectedly catches their foot on an object or surface. In most cases people trip on low obstacles that are not easily noticed such as uneven edges in flooring, loose mats, opened drawers, untidy tools or cables from electrical equipment. Falls can result from a slip or trip but many also occur during falls from low heights such as steps, stairs and curbs, falling into a hole or a ditch or into a body of water.

The role of PCBUs PCBUs must manage the health and safety risks associated with slips and trips by eliminating the risk so far as is reasonably practicable, and if that is not reasonably practicable, minimising the risk so far as is reasonably practicable. This involves a systematic approach to:

• identify hazards • if necessary, assess the risks associated with these hazards • implement and maintain risk control measures • review risk control measures.

There are various ways to control the risk of slips and trips, listed below in order of their effectiveness (known as the hierarchy of controls):

Hierarchy of control ExamplesEliminate the hazard Remove slip and trip hazards at the design

stage such as eliminating changes in floor levels and installing more power outlets to avoid trailing cords.

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FACT SHEET—SLIPS AND TRIPS AT THE WORKPLACE

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Substitution Replace flooring with a more slip-resistant surface.

Isolation Prevent access to high risk areas, for example cordon off wet floor areas while cleaning is in progress.

Engineering controls (redesign) Apply floor treatments to increase slip resistance

Improve lighting Stop leaks from equipment or pipes Provide adequate drainage Clearly mark edges of steps and any

changes in floor height.

Administrative controls Implement good housekeeping practices including keeping access ways clear and cleaning up spills immediately

Use signage to warn of wet or slippery areas Provide training and supervision.

Personal protective equipment Wear slip-resistant footwear.

More than one control measure may be needed to provide the best protection. A checklist to assist with the identification of slip and trip hazards and the selection of appropriate control measures is on page 7 of this fact sheet.

Identifying slip and trip hazards Common slip hazards include:

• spills of liquid or solid material • wet cleaning methods • wind-driven rain or snow through doorways • a sudden change in floor surface, for example joins between carpet and polished timber • change from wet to dry surface • dusty and sandy surfaces • the incline of a ramp • loose or bumpy flooring • low light levels • use of unsuitable footwear.

Common trip hazards include:• ridges in floors or carpets • worn floor coverings or broken tiles • potholes and cracks in floors • changes in floor level • thresholds and doorstops • floor sockets and phone jacks • cables from power extension units • loads that obstruct vision • obstacles in traffic areas.

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Selecting control measures—design of facilitiesThe best way to eliminate slips and trips is to build and design facilities with safety in mind. The following are some general matters which should be considered during the design stage.

For floor design: • Minimise any changes in the floor level. If levels must change, use ramps rather than steps

when connecting pedestrian pathways. • Ensure the maximum ramp slope does not exceed 1:12. • Use slip-resistant floor tiles. • Avoid sudden transitions in floor surface texture if possible. If such transitions occur, ensure

good lighting and visual cues highlight the change.

For the design of stairs: • All risers and treads should be uniform throughout a flight of stairs. • Variations in the riser and tread should be reasonable—the riser ranges from 150 – 175mm

and the tread ranges from 225 – 320mm, trips can easily occur for risers less than 75mm. • The elevation of any flight of stairs should be designed between 15° and 55°. • A landing should be introduced every 16 steps in a flight of stairs. • Consider whether handrails are required, including if it is not reasonably practicable to

implement the above controls.

For lighting design: • Ensure both internal and external stairways are well lit. • Areas such as corridors, walkways, staircases and lifts, should have an illuminance of at least

100 lux, so far as is reasonably practicable.

For the design of drainage: • Provide means of containing and draining fluids at machines or processes. • Provide drains as close as possible to any source of water or liquid that is frequently

generated. • Use floor grates where work tasks generate a lot of water or liquid. • Ensure grates in walkways or aisles are slip resistant.

When designing storage: • Provide ample storage space to avoid materials being placed in aisles. • Ensure procedures for the return of tools to designated areas are in place.

When designing work procedures: • Develop procedures that avoid the build-up of rubbish throughout a production process, for

example using pre-cast units instead of formwork and bar-bending construction methods in construction work.

• Choose or replace machinery that frequently generates noise, dust, fumes or smoke.

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Selecting control measures— housekeeping Good housekeeping helps prevent slips and trips. Examples of control measures include:

• training staff to recognise slip and trip hazards and the importance of good housekeeping

• setting up standards and procedures storage and cleaning

• checking and storing usable inventories, discarding any unwanted items

• implementing safe systems of work and any relevant signage for timely and efficient reporting and clean up of spills

• providing sufficient rubbish or recycling bins

• using appropriate containers for rubbish if it is likely to contain sharp objects

• developing a cleaning schedule that assigns workers to take charge of cleaning workplaces, and

• encouraging workers to clean their workplaces daily before they leave, so far as is reasonably practicable.

Selecting control measures—safety training All workers share responsibility for housekeeping and cleanliness at the workplace. Work health and safety training not only assists workers to become more aware of slip and trip hazards and the relevant control measures, but also helps to prevent injuries. Training should include:

• awareness of slip and trip hazards

• identifying effective control measures

• duties of workers.

Selecting control measures—personal protective equipment Personal protection equipment (PPE) including slip resistant footwear should only be used:

• when there are no other practical control measures available (as a last resort)

• as an interim measure until a more effective way of controlling the risk can be used

• to supplement higher level control measures (as a backup).

When selecting and purchasing footwear consider whether it has good slip resistance properties, in addition to any other required safety features. For example:

• in wet conditions—the shoe sole tread pattern should be deep enough to help penetrate the surface water and make direct contact with the floor

• in dry conditions—the shoe sole tread pattern should be flat bottom construction which grips the floor with maximum contact area, and

• urethane and rubber soles are more effective than vinyl and leather soles for slip resistance. Sole materials that exhibit tiny cell like features will provide the added benefit of slip resistance.

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Controlling the risks of slipping Floor treatments that improve slip resistance are those which increase the surface roughness of the flooring. The main floor treatments are sand blasting or grinding, chemical etching, coating with resins, and using floor mats or adhesive anti-slip strips.

Examples of different floor types are:

Floor type Characteristics

Concrete Rounded aggregate can be slippery when concrete wears. Interior surface is often sealed to prevent dusting and absorption of liquids - this can increase slipperiness.

Terrazzo Gives good appearance and wears well but can be slippery when wet, when excess polish is used or when dusty.

Quarry tiles, ceramic tiles

Low water absorption and good resistance to chemicals. Slippery in wet conditions if smooth, but can be moulded with aggregate or profiles to improve slip resistance - special cleaning equipment may then be required.

Glazed ceramic tiles

Slippery when wet, particularly with soapy water. Some slip resistance treatments available, but preferable not to install these tiles on floors.

Vinyl tiles and sheet

Easy to clean. Use sheet form where frequent washing is required to avoid water getting under tiles. Slippery when wet, particularly if polished, however slip resistant vinyls are available. These have aggregates moulded in. Thicker and softer vinyls are more slip resistant than hard ones.

Cork Must be sealed to prevent absorption of oil and water, but may then be slippery when wet.

Steel plate Tends to be slippery when wet or oily, particularly when worn.

Rubber Less effective in wet conditions. Must be fixed down well at the edges and joints or will cause a trip hazard.

Plastic matting

Interlocking PVC extrusions give good drainage and slip resistance. Hose down or steam clean.

Carpet Carpet has a shorter life than hard floor surfaces, but it can be a cost-effective solution. Installations should be wall to wall, to avoid the hazard of a trip on edges. When used in small local areas, such as at entrances, it should be installed in a recess in the floor. Alternatively, it should be rubber-backed and with hardwearing tapered edges. Trolleys can be harder to push on carpet, but if larger wheels are fitted and the carpet does not have a deep pile, this is not a serious problem.

Fibreglass gratings

This product can have grit particles moulded into upper surface to provide very good slip resistance. Fluids are quickly drained away.

Ways to eliminate or minimise slipping hazards due to liquid and waste from machinery include:

• modify the machinery to prevent leakage

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• install exhaust systems to remove dusts or that would otherwise settle on floors

• use a tray to collect liquid and waste.

Ways to eliminate or minimise slipping hazards due to rainy days include:

• have absorbent flooring materials at entrances

• provide facilities for leaving umbrellas at entrances

• provide easy access to equipment and materials for cleaning up water on the floor.

Ways to eliminate or minimise slipping hazards due to accidental spills include:

• clean up water or oily spills immediately – use absorbent paper or powder for cleaning up any oily residues

• thoroughly dry floors after cleaning

• erect warning signs at areas with a high risk of spills.

Controlling the risks of tripping Ways to eliminating tripping hazards include:

• provide storage areas separate to work areas

• provide sufficient storage systems to keep materials out of aisles

• provide sufficient power sockets and computer service jacks to minimise or remove the requirement for cords on the floor (where possible)

• remove or cover protruding sockets on the floor

• securely stack goods and avoiding single towering stacks

• hang power cords over work areas rather than on the floor

• clean up workplaces and remove rubbish or obstructions regularly

• display visual cues, such as warning strips and signs to alert pedestrians about changed or uneven surfaces.

Shared workplaces In shared workplaces PCBUs must consult, cooperate and coordinate activities with all other persons who have a work health or safety duty in relation to the same matter, so far as is reasonably practicable.

In shared workplaces PCBUs may have varying degrees of control over the physical workplace, for example, flooring, lighting and cleaning. They must do what is reasonably practicable in the circumstances to prevent slips and trips at the workplace. They can do so by consulting each other and working together to implement appropriate control measures.

For example:

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• At a shopping centre, the centre management is responsible for ensuring common access floor surfaces are well maintained and kept free of obstructions.

• Where shop owners need to move stock in and out of stores or if they wish to display goods outside of the store, they must consult, cooperate and coordinate with the centre management to avoid injuries from occurring.

• Where spills have occurred in the main access areas, the centre management must make arrangements to ensure the spill is cleaned up in a timely way.

Further guidance is available in the Code of Practice: Work Health and Safety Consultation, Cooperation and Coordination.

More information

More work health and safety resources are available on the Safe Work Australia website.

Note: this fact sheet provides general information only and should not be used as a substitute for seeking professional legal advice for your specific circumstances. The contents of this fact sheet are correct and based on available information at the time of writing. However, there may be subsequent decisions of courts or tribunals on the matter covered by this fact sheet which mean that the contents are no longer accurate.

Besides other checklists in Manual 2, the following is yet another checklist for slips & trips. Use the one you like best.

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This checklist may be used to identify hazards and control slips and trips in the workplace. It is not an exhaustive list of all the items you may need to consider. You should keep a copy of your records.

Assessment completed by:

If you answer “yes” to any of the questions below you must ensure controls are implemented to eliminate or minimise the risk of slips and trips.

Yes No Controls (incl. date)

Floors

Can water be walked onto smooth floors (e.g. foyers) on rainy days?

Are there any hard, smooth floors in wet or oily areas?

Are there any leaks of fluids onto the floor from processes or machines?

Are there any floor surface transitions not easily noticed (any ridge that is as high as a footwear sole or higher)?

Is there any ice or water on cold room floors?

Is the floor slippery when wet?

Is there poor drainage causing pooling of fluids?

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CHECKLIST—PREVENTING SLIPS AND TRIPS AT WORK

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Are any anti-slip paint, coating profiles or tapes worn smooth or damaged?

Are there any isolated low steps (commonly at doorways)?

Are there any trip hazards due to equipment and other objects left on the floor?

Are there any raised carpet edges or holes worn in carpets?

Are there any tiles becoming unstuck or curling at the edges?

Are there any holes or unevenness in the floor surface?

Stairs and ramps

Is the lighting insufficient for ramps or steps to be seen clearly?

Is the lighting for ramps or steps creating glare?

Do any steps have too small a rise or tread or an excessive step edge (nosing)?

Are any step edges (nosings) slippery or hard to see?

Are the steps uneven or are there excessive variations in step dimensions?

Are handrails inadequate on stairs?

Are ramps too steep or too slippery?

Lighting

Is there insufficient lighting in passageways, at flooring transitions, ramps or stairs?

Does the lighting throw distracting shadows or produce excessive glare?

Outdoor areas

Is there a build up of moss or other vegetation on pathways?

Are there any surface transitions not easily noticed (any ridge that is as high as a sole of a shoe / footwear or higher)?

Are there potholes in footpaths or walkways?

Housekeeping

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Is there a build-up of polish on floors?

Is there an excessive residue of detergent?

Do workers have to walk on floors wet from washing?

Are wet floor signs not available or not used correctly?

Do you need to provide information / training / advice to contractors regarding cleaning procedures?

Are paper, rubbish, dirt, or spills left on the floor?

Are aisles poorly marked?

Are aisles cluttered?

Are there any trip hazards due to equipment and other movable objects left lying on the ground?

Do spills (wet or dry) occur regularly during work processes?

Is the cleaning method appropriate for the floor surface?

Tasks

Do workers have to walk or work on greasy, oily or wet floors that are not adequately slip resistant?

Do loads that are carried or pushed interfere with vision?

Are the loads to be carried excessive or likely to upset a person’s balance?

Do heavy trolleys have to be pushed up ramps?

Are workers hurried due to time constraints?

Do workers require training in the procedures for dealing with slips and trips hazards?

Footwear

Do the workers’ safety shoes lack grip?

Do workers require slip resistant footwear?

Are the tread patterns on footwear clogged with dirt?

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CHAPTER 12 – HOW TO SAFELY REMOVE ASBESTOS

You would refer to this code if there was a need to remove asbestos from the workplace.

Record in the relevant folder that you prepared at the beginning of this workbook, how and what you have done to implement the code or only the relevant part/s of the code. Not everything in some codes will be relevant.

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CHAPTER 13 – HOW TO MANAGE AND CONTROL ASBESTOS IN THE WORKPLACE

Prepare your workers for consultation on managing workplace asbestos

The following is a suggested all workers’ memo to prepare your workers for consultation on managing workplace asbestos. Either distribute it as a hard copy or by email. If you only have a small amount of employees you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for consultation on managing workplace asbestos - Manual 2 Tab 30

Code of Practice

Your working document for managing asbestos is the Code of Practice, “How to Manage and Control Asbestos in the Workplace.”

In consultation with your workers, you will need to work your way through the code and implement asbestos procedures to satisfy the code for your particular workplace. As with any process you can have a competent worker assist you with certain tasks but you always retain the responsibility

As with all codes you again do a risk assessment by identifying and controlling hazards/risks in relation to the management of asbestos.

You must create an asbestos register and where asbestos is identified you must do an asbestos management plan.

Do not forget in your risk assessment the field work carried out by salespersons and property managers. The following checklist may assist in identifying any asbestos hazards in the office or in the field.

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7

Record in the relevant folder that you prepared at the beginning of this workbook, how and what you have done to implement the code or only the relevant part/s of the code. Not everything in some codes will be relevant.

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CHAPTER 14 – LABELLING OF WORKPLACE HAZARDOUS CHEMICALS

Prepare your workers for consultation on labelling workplace hazardous chemicals

The following is a suggested all workers’ memo to prepare your workers for consultation on labelling workplace hazardous chemicals. Either distribute it as a hard copy or by email. If you only have a small amount of employees you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for consultation on labelling workplace hazardous chemicals - Manual 2 Tab 31

Checklist for chemicals

TEMPLATE Chemicals checklist - Manual 2 Tab 35

Code of Practice

Your working document for guidance for labelling chemicals is the Code of Practice, “Labelling of Workplace Hazardous Chemicals.”

In consultation with your workers, you will need to work your way through the code and implement the labelling of chemicals to satisfy the code for your particular workplace. As with any process you can have a competent worker assist you with certain tasks but you always retain the responsibility

Note below that if you use consumer chemicals in a real estate office in household quantities and it retains the original label you do not have to label it in accordance with the regulations. It may be that you only have consumer chemicals in your office

Parts of this code will generally not apply to a real estate office The following checklist will also assist in identifying any chemicals in the office or in the field.

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7

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Under the code the PCBU’s duties are:

Ensure that any hazardous chemical that is used, handled or stored at the workplace is correctly labelled, in accordance with Schedule 9 of the WHS Regulations, except where: the hazardous chemical is a consumer product, retaining its original label and only

used in workplaces in household quantities and in a way that is incidental to the nature of the work, or

a hazardous chemical is in transit .

Ensure that a hazardous chemical is correctly labelled if the chemical is manufactured at the workplace; or transferred or decanted from the chemical’s original container at the workplace.

Ensure, so far as reasonably practicable, that containers are correctly labelled while holding a hazardous chemical.

Ensure that containers that are labelled for holding a hazardous chemical are used only for the use, handling or storage of the hazardous chemical.

Note: The three duties directly above do not apply if the hazardous chemical is used immediately after being put into the container and the container is thoroughly cleaned after the chemical has been used, handled or stored so it is in a condition it would be in if the container had never contained the chemical.

Ensure, so far as is reasonably practicable, that a hazardous chemical in pipe work is identified by a label, sign or another way on or near the pipe work.

Record in the relevant folder that you prepared at the beginning of this workbook, how and what you have done to implement the code or only the relevant part/s of the code. Not everything in some codes will be relevant.

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CHAPTER 15 – PREPARATION OF SAFETY DATA SHEETS FOR HAZARDOUS CHEMICALS

Prepare your workers for consultation on safety data sheets

The following is a suggested all workers’ memo to prepare your workers for consultation on safety data sheets. Either distribute it as a hard copy or by email. If you only have a small amount of employees you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for consultation on safety data sheets - Manual 2 Tab 32

Checklist for chemicals

TEMPLATE Chemicals checklist - Manual 2 Tab 35

Code of Practice

Your working document for guidance for safety data sheets is the Code of Practice, “Preparation of Safety Data Sheets for Hazardous Chemicals.”

In consultation with your workers, you will need to work your way through the code and implement any relevant safety data sheets to satisfy the code for your particular workplace. As with any process you can have a competent worker assist you with certain tasks but you always retain the responsibility.

What is a safety data sheet?

A safety data sheet (SDS), previously called a Material Safety Data Sheet (MSDS), is a document that provides information on the properties of hazardous chemicals and how they affect health and safety in the workplace. For example it includes information on the identity, health and physico-chemical hazards, safe handling and storage, emergency procedures, and disposal considerations.

An SDS is an important tool for eliminating or minimising the risks associated with the use of hazardous chemicals in workplaces.

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Under the code the PCBU’s duties are:

Must obtain the current SDS from the Australian manufacturer, importer or supplier of the chemical when or before it is first supplied for use at the workplace. If the person is not oble to obtain the SDS at that time, the person must obtain the SDS as soon as practicable after the chemical is first supplied for use at the workplace but before the chemical is used at the workplace. If the SDS is amended, the person conducting the business or undertaking must obtain the SDS when or before the chemical is first supplied to the workplace after the SDS is amended.

Must ensure the SDS is readily accessible to a worker who is involved in using, handling or storing a hazardous chemical at the workplace and an emergency service worker, or anyone else, who is likely to be exposed to the chemical at the workplace.

May change an SDS for a hazardous chemical only if: the person is an importer or manufacturer; and changes the safety data sheet in a way

that is consistent with the duties of the importer or manufacturer; or the change is to attach a translation of the SDS, and clearly states that the translation is

not part of the original SDS. Record in the relevant folder that you prepared at the beginning of this workbook, how and

what you have done to implement the code or only the relevant part/s of the code. Not everything in some codes will be relevant.

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CHAPTER 16 – MANAGING NOISE AND PREVENTING HEARING LOSS AT WORK

Prepare your workers for consultation on noise

The following is a suggested all workers’ memo to prepare your workers for consultation on noise. Either distribute it as a hard copy or by email. If you only have a small amount of employees you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for consultation on noise - Manual 2 Tab 33

Code of Practice

Your working document for guidance for noise is the Code of Practice, “Managing Noise and Preventing Hearing Loss at Work.”

In consultation with your workers, you will need to work your way through the code and implement any relevant procedures to satisfy the code for your particular workplace. As with any process you can have a competent worker assist you with certain tasks but you always retain the responsibility.

As with most codes you do a risk assessment by identifying, assessing and controlling hazards/risks in relation to noise. The appendices in the code will assist you in doing this.

Noise should not be a problem in most real estate offices but you should still do your risk assessment of the office and working in the field may at times be relevant.

The following checklist will also assist in identifying noise in the office or in the field.

TEMPLATE for WHS inspection checklist – Manual 2 Tab 7

Record in the relevant folder that you prepared at the beginning of this workbook, how and what you have done to implement the code or only the relevant part/s of the code. Not everything in some codes will be relevant.

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CHAPTER 17 – CONFINED SPACES

Prepare your workers for consultation on confined spaces

The following is a suggested all workers’ memo to prepare your workers for consultation on confined spaces. Either distribute it as a hard copy or by email. If you only have a small amount of employees you may prefer to speak with them as a group as opposed to a memo.

TEMPLATE All workers’ memo to prepare your workers for consultation on confined spaces - Manual 2 Tab 34

Code of Practice

Your working document for guidance for confined spaces is the Code of Practice, “Confined Spaces.”

In consultation with your workers, you will need to work your way through the code and implement any relevant procedures to satisfy the code for your particular workplace. As with any process you can have a competent worker assist you with certain tasks but you always retain the responsibility.

As with most codes you do a risk assessment by identifying, assessing and controlling hazards/risks in relation to confined spaces noting the definition of a confined space in the code. The appendix in the code will assist you in doing this.

Confined spaces probably will not occur in a real estate office but you should still do your risk assessment of the office – e.g. a real estate office may be an old bank that has a walk in vault and what would happen if someone got locked inside?. Working in the field may at times be relevant in relation to certain premises or locations.

What is a confined space?

A confined space is determined by the hazards associated with a set of specific circumstances and not just because work is performed in a physically restrictive location.

The WHS Regulations define a confined space as an enclosed or partially enclosed space that: is not designed or intended primarily to be occupied by a person; and is, or is designed or intended to be, at normal atmospheric pressure while any person is in

the space; and is or is likely to be a risk to health and safety from:

an atmosphere that does not have a safe oxygen level, or contaminants, including airborne gases, vapours and dusts, that may cause injury

from fire or explosion, or harmful concentrations of any airborne contaminants, or engulfment.

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Confined spaces include spaces such as those in a vat, tank, pit, pipe, duct, flue, chimney, silo, container, pressure vessel, underground sewer, wet or dry well, shaft, trench, tunnel or other similar enclosed or partially enclosed structure, when these examples meet the definition of a confined space in the WHS Regulations.

What is not a confined space for the purposes of the WHS Regulations?

A confined space does not include a mine shaft or the workings of a mine.

Places including offices and workshops are intended for human occupancy and generally have adequate ventilation, lighting and safe means of entry and exit. This means that these kinds of workplaces are not confined spaces for purposes of the WHS Regulations.

Some enclosed or partially enclosed spaces may have airborne contaminants that are harmful to persons but are designed for a person to occupy, for example abrasive blasting or spray painting booths. These would also generally not be confined spaces.

Other enclosed or partially enclosed spaces are designed to be occasionally occupied by a person if the space has a readily and conveniently accessible means of entry and exit via a doorway at ground level. These spaces are also not considered to be confined spaces, for example:

Moving stock in a cool store using an LPG forklift – although the use of an LPG forklift in a cool store can be hazardous, the door at ground level means that once the alarm is raised, escape and rescue can happen quickly.

Moving stock in a fumigated shipping container – large ground level opening in the shipping container will facilitate easy escape and rescue.

Trenches are not considered confined spaces based on the risk of structural collapse alone, but will be confined spaces if they potentially contain concentrations of airborne contaminants that may cause impairment, loss of consciousness or asphyxiation.

Record in the relevant folder that you prepared at the beginning of this workbook, how and what you have done to implement the code or only the relevant part/s of the code. Not everything in some codes will be relevant.

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CHAPTER 18 – INDUCTION

Induct new employees into work health and safety. Do not make any assumptions. Consult with your workers on their suggestions for inducting new employees.

Use either of the following template checklists for induction.

The following checklist can also be used as a check for existing employees.

TEMPLATE WHS Induction Checklist 1 – Manual 2 Tab 15

Another induction check list that you may prefer:

TEMPLATE WHS Induction Checklist 2 – Manual 2 Tab 15A

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CHAPTER 19 – TRAINING, INFORMATION & SUPERVISION

Training and information

Training, like consultation, forms a significant part of work health and safety.

PCBU’s and Officers must ensure all the appropriate types of training and information are provided to workers and records kept.

To assist you in not overlooking relevant training and information use the following checklist:

TEMPLATE Required training and information checklist – Manual 2 Tab 16

To record your training use the following template:

TEMPLATE Record of Training – Manual 2 Tab 14

Supervision

PCBU’s must provide adequate supervision to workers to enable them to perform their work in a safe, risk-free way. PCBU’s must ensure their supervisors are competent (in terms of knowledge, training and experience), are familiar with WHS legislation, and know about potential and actual hazards.

Supervision can take many forms depending on the nature of the tasks involved, for example face-to-face, telephone or email.

Remote workers may be more exposed to risks as they are not able to be supervised as closely. As such, there should be some other means of monitoring their health and safety. This may involve discussing with the worker at the start of the day what they will be doing and determining safety information they may need to have. Contact with the workers may also be required during or at the end of the day, depending on the WHS risks.

It is especially important for remote employees to have the training and competency to perform their job safely, the authority to stop work and seek clarification if they encounter health and safety problems, and have a reliable way to contact their supervisor when they need to.

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AMENDMENTS THAT APPEAR IN VERSION 2 OF THE WORK HEALTH AND SAFETY MANUAL 1

2 nd Edition amendments

1. The codes 5 and 7 on page 12 (bullying and fatigue) are now GUIDES not Codes

2. Part 9 of Chapter 4, page 50 Implementing controls for contractors.

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