NSWWork Health & Safety RegulationsJune 2012

WHS Regulation Training Package

Overview of Modules

• Recap on the WHS Act• Overview of WHS Regulations• Management of Risk and Workplace Management • Common Workplace Hazards• High Risk Hazards• Construction Work

Learning Outcomes

The key learning outcomes of this course are:• An understanding of the legislative framework for

WHS

• An overview of the content and structure of the WHS Regulations

• An understanding of how Codes of Practice are used to support the implementation of the WHS legislation

• An understanding of the basic workplace requirements & management under the WHS Regulations

An employer

Is captured under the definition PCBU ‘person conducting a business or undertaking’

Controllers, self employed etc.

Are also a PCBU with general duties of care

General duties of Employers

Will be subject to qualifier ‘reasonably practicable’ and will apply to all PCBUs and extend to all who are involved in the conduct of work

Employees

Are captured under the definition of worker which is broadly define to include anyone who carries out work in any capacity, including volunteers

Duty of workers Workers have an expressed duty to take reasonable care of themselves at work

Duty of others Others are required to take reasonable care when at a place of work

Duty of Officers Will change from having an attributed liability to a positive duty of “due diligence” to ensure PCBU complies with duties

Due diligence Is specifically defined and includes knowledge of WHS and business risks , allocation of resources, WHS reporting, compliance and verification processes

Consultation Broadened to include all workers affected and other PCBUs with shared responsibilities

OHS Representatives

Replaced by health & safety representatives (HSR) with increased functions and powers

HSR powers After completing approved training HSRs will be able to issue PINs and direct unsafe work to cease

Management of Risk

Risk assessments are not mandated in the Act but are mandated in the Regulation for certain high risk work

Penalty Options Graduated enforcement options to include injunctions, remedial action and enforceable undertakings

Penalties Criminal prosecution under this ActMaximum penalty for a corporation of $3 million and for an individual $300,000 & up to 5 years imprisonment for the most serious Class 1 breaches

STOP OR CHANGE THE ACTIVITY, PRACTICE OR PROCEDURE

ELIMINATE RISKS (so far as is reasonably practicable)

MINIMISE RISKS (so far as is reasonably practicable)

SUBSTITUTE WITH SAFER ALTERNATIVE

REDESIGN TO REDUCE RISK

ISOLATE PEOPLE FROM RISK

STOP USING OR CHANGE THE PRODUCT, PROCESS, PLANT OR SUBSTANCE

USE ENGINEERING CONTROLS

USE ADMINISTRATIVE PROCEDURES

USE PROTECTIVE CLOTHING / EQUIPMENT1

Legislative Framework

ACT

Regulation

Codes of Practice

Australian Standards

Industry Standards

Guidance Materials

Function of the WHS Regulation

The most important function of the WHS

Regulations is to specify the steps that are required

for compliance with the general duties under the

Act

What’s covered in the WHS Regulations

PRELIMINARY

REPRESENTATION AND PARTICIPATION

GENERAL RISK & WORKPLACE MANAGEMENT

HAZARDOUS WORK

PLANT AND STRUCTURES

What’s covered in the WHS Regulations

CONSTRUCTION WORK

HAZARDOUS CHEMICALS

ASBESTOS

MAJOR HAZARDOUS FACILITIES

MINES

GENERAL

Some thing may appear to be missing

Abrasive blasting

Licensing for load shifting equipment

Some construction hazards e.g. lowering of materials

Welding

Spray Painting

Certificates of competency for pest control

Identification and Management of RiskWhat is reasonably practicable - state of

knowledge

Some thing may appear to be missing

Any workplace hazard that is not specifically regulated is covered by the general duties in the WHS Act and Chapter 3 of the WHS Regulations.

Duty holders (PCBUs and others) must identify any risk associated with the particular hazard and as far as is reasonably practicable, take steps to eliminate or minimise the risk.

REMEMBER: JUST BECAUSE A HAZARD IS NOT MENTIONED IN THE REGULATIONS DOES NOT MEAN IT IS

NOT REGULATED.

What is the legal effect of Codes of Practice?

• Admissible in court proceedings under the WHS Act and Regulations

• May be relied on by courts as evidence of what is known about a hazard, risk or control and in determining what is reasonably practicable

• Designed to be used in conjunction with the WHS Act and Regulations but do not have the same legal implications

• WHS Act and Regulations may be complied with by following another method if it provides an equivalent or higher standard

• An inspector may refer to an approved Code of Practice when issuing an improvement or prohibition notice

Codes of Practice

SOME PRIORITY CODES RELEVANT TO OUR INDUSTRY

How to manage work health safety risks

WHS Consultation, Cooperation & Coordination

Managing work environment and facilities

Managing noise and preventing hearing loss at work

Hazardous manual tasks

How to prevent falls at workplaces

Preparation of safety data sheets for hazardous chemicals

Labelling workplace hazardous chemicals

Second Stage Codes of Practice and Guidance Material relevant to our

industryFirst Aid in the Workplace Managing Risks in Construction Work

Managing Electrical Risks at the Workplace Welding and Allied Processes

Managing Risks of Hazardous Chemicals Preventing and Responding to Workplace Bullying

Managing Risks of Plant in the Workplace

Preventing and Managing Fatigue in the Workplace

Safe Design of Building and Structures

Transitional arrangements and WorkCover NSW Codes

Existing NSW Codes of Practice will continue to operate until replaced by national Codes of Practice or guidance materials or revokedFor example- Work Near Overhead Power Lines: Code of PracticeWhere NSW has a Code of Practice on issues that are not specifically regulated, these Codes will become guidance material and must be considered when deciding what is “reasonably practicable”

Workplace WHS Requirements

Managing Risks

•Risks must be identified and controlled

•Always aim to eliminate risks, and if not reasonably practicable then minimise risks as far as reasonably practical using the hierarchy of control

•Risk assessment are not mandatory but must be outcome focused

•Regularly maintain and review risk control measures

Managing Risks• Further guidance about managing risk can

be found in the Code of Practice -• How to manage work health safety

risks

• The Code of Practice also includes guidance on risk assessment

Consultation and Representation

• The WHS Regulations:− Outlines the factors in determining work groups

− Specifies HSR training details

• The Code of Practice: Work Health and Safety Consultation, Cooperation and Coordination provides guidance on implementation and ongoing compliance

Issue ResolutionProcedure must take into account:

the degree and immediacy of risk to workers or other persons involved in the issue;

the number and location of workers and other persons affected by the issue;

the measures (both temporary and permanent) that must be implemented to resolve the issue;

who will be responsible for implementing the resolution measures

Training, Information & Instruction

Must be suitable and reflect:

• The nature of the work carried out by the worker

• The nature of the risks associated with the work

• The control measures implemented

Working Environment• Workplace layout allows persons to move

around and access and exit without risk

• Work space is adequate for the task

• Floors and other surfaces are suitable

• Lighting and ventilation is suitable

• Work in temperature extremes is without risk

• Work near essential services does not create risks

The WHS Regulations specifies in detail the

requirements for :•Including toilets, drinking water, washing and eating facilitiesFacilities

• Must be appropriate to the activity and hazard, suitable size and fit and maintained and replaced as required.

• Workers must be informed and trained on PPE usePPE

• First Aid arrangements must take into account • The nature of the work• The hazards in the workplace • The size, location and nature of the workplace• The number and composition of workers (and others)

First Aid

• Must provide a system of work that includes effective communication with the worker

• Must manage risks to the health and safety of a worker associated with remote or isolated work

Remote or Isolated

Work

• Must manage risks of falling objects if reasonably likely to injure a person• If not possible to eliminate risk then minimise risks to health and safety

by:• Preventing free fall of objects• Arresting free fall of object (e.g. barriers, safe means of lowering objects)

Falling Objects

Emergency Plans• The WHS Regulation specifies the requirement for Emergency Plans

• They must include procedures for rapid response, evacuation, notification, medical assistance and communication

• Must inform workers of procedures• Must be tested in line with plan schedules•Emergency plan must take into account

− The nature of the work− The hazards in the workplace − The size, location and nature of the workplace− The number and composition of workers (and

others)

Common WHS Hazards

What are common hazards?

The common hazards likely to be found in most workplaces are considered to be:

• Electrical work• Falls• Hazardous manual tasks• Plant and Structures• Hazardous chemicals

Electrical Safety:Equipment and Installations

PCBU must•Ensure unsafe electrical equipment disconnected and repaired or replaced

• Inspect and test equipment

• Keep records of testing until next tested or permanently removed

Electrical Safety:Energised Electrical Equipment

• Work on energised electrical equipment is prohibited except in certain circumstances

• Must determine whether equipment is energised

• De-energised equipment must not be inadvertently re-energised

Hazardous Manual Tasks

Take into account risk factors including: • Postures, force, duration and frequency

• Workplace environmental conditions, design and layout of workplace

• Systems of work used

• Nature, size, weight and number of persons, animals or things involved in the hazardous manual task

Hazardous Chemicals• Correctly label hazardous chemicals used in the workplace

• Obtain and provide access to Safety Data Sheets (SDS) for workers

• Maintain a register of hazardous chemicals used at the workplace

• Display safety signs

• Provide information, training and supervision to workers

• Identify risks of physical or chemical reaction

• Keep chemicals isolated and stable

• Eliminate or minimise ignition sources

Plant and Structures

• Controls risks in commissioning and de-commissioning of plant

• Ensure competent persons are used, provide information and undertake inspections

• If guarding is used to control risks a hierarchy from fixed or interlocked to presence guards is followed

• Ensure that plant not in use does not create a risk to the health or safety of any person

• Ensure that the maintenance, repair, inspection and, if necessary, testing of the plant is carried out by a competent person and in accordance with manufacturer specifications

High Risk Hazards

Learning Outcomes

The key learning outcomes of this module are:• An understanding of the high risk hazards,

including licensing arrangements for high risk work covered in the WHS Regulations

• An understanding of the changes from the current NSW OHS Regulations

What is high risk work?

high risk work means any work

within the scope of a high risk work

licence

high risk work licence means any

of the licences listed in Schedule 3

High Risk WorkRelevant to our industry includes

Means construction work that:(abbreviated from schedule 3)

Involves a risk of a person falling more than 2 metres,

Is carried out on, in or adjacent to a road, railway, shipping laneOr other traffic corridor that is in use by traffic other thanPedestrians, or

Is carried out in an area at a workplace in which there is anymovement of powered mobile plant,

Is carried out on or near energised electrical installations orServices

Work Near Traffic

• Ensure that a worker is not exposed to risk from working near traffic

• Safe systems and methods of work must be established for any worker carrying out work on, in or adjacent to a road, railway or other traffic corridor that is in use by traffic other than pedestrians

Electrical SafetyOverhead Electrical Lines

• Ensure that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line

• If it is not reasonably practicable to comply, conduct a risk assessment

FallsManage the risk of a fall by a person from one level to another by:

• Ensuring so far as is reasonably practicable that any work that involves the risk of a fall is carried out on the ground or on a solid construction

• Providing safe access to and exit from the workplace or any area within the workplace with the risk of a fallIf not reasonably practicable to eliminate the risk of falling

then minimise the risk by providing adequate protection such as (in order):

• Providing a fall prevention device or

• Providing a work positioning system or

• Providing a fall arrest system

Mobile Plant

Ensure that works involving mobile plant are • Conducted by competent persons following safe systems

of works

• Able to be done at a safe distance and separation from any persons in the vicinity

• Are done using regularly inspected and maintained equipment

High Risk Work – Licensing

A PCBU must ensure:

Direct Supervision• Direct supervision of person

carrying out work, unless to do so is impracticable or unnecessary and reduced supervision does not cause risk to any person

Evidence of Licence• Written evidence that the

worker has the relevant high risk work licence

• Written evidence that the supervisor holds relevant license

• Must keep records for 1 yr

Construction Specific Requirements

WHS Regulations Chapter 6 Construction Work

CHANGES• Definition of

construction work• Principal Contractor

duties• Construction induction• Duties of designers of

structures • The following has been

moved into the chapter on Plant & Structures

• Overhead protective structures

• Structural collapse• Safe lowering of

materials

Definition of Construction WorkConstruction work means:

“any work carried out in connection with the construction, alteration, conversion, fitting-out,

commissioning, renovation, repair, maintenance,

refurbishment,demolition, decommissioning or

dismantling of a structure”

Construction Work Includes activities connected with:

The demolition and installation of billboard structures

Onsite Installation of advertising structures such as bus stops and benches

Construction Work does NOT include:

The manufacture of plant, including fixed plant

Prefabrication of elements off site for use in construction

The construction or assembly of a structure to be transported to another place

Testing, maintenance or repair work of a minor nature connected with a structure

WHO IS THE PRINCIPAL

CONTRACTOR

WHAT IS A CONSTRUCTION

PROJECT

• A construction project is a project that involves construction work where the cost of the construction work is $250 000 or more

• The PCBU that commissions a construction project is the principal contractor

Safe Work Method Statements

Safe Work Method Statements (SWMS) are required for ALL HIGH RISK CONSTRUCTION WORK and must be prepared before work commences. SWMS must:

Identify work that is high risk construction workSpecify hazards and risks associated with that work

Describe measures to control risksDescribe how the risk control measures are to be implemented, monitored and reviewed

Safe Work Method Statements Compliance

PCBU must give a copy to the Principal Contractor before work commences

PCBU must put in place arrangements to ensure SWMS is followedIf high risk construction work is not carried out in accordance with the SWMS, the work MUST be:

−stopped immediately or as soon as safe to do so;

−resumed in accordance with the statement

Person who comminsions work MUST:

• Consult with the designer about how to ensure risks arising from the design during construction work are:

• Eliminated, so far as is reasonably practicable, or

• Minimised, so far as is reasonably practicable

• Give the designer and the principal contractor information regarding hazards and risks

Design Safety Report

Must account for:maintenance,

refurbishment, demolition and

dismantling of a structure Must specify hazards that may create risks not only

during initial building but to workers who undertake

maintenance or demolition work in the

future

General Construction InductionPCBUs must ensure that:

• General induction training is provided to relevant workers

• Workers have been trained before directing or allowing a worker to

carry out construction work

Workers must:• Keep their general induction

training card available for inspection

Questions