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© 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 61 WORK HEALTH & SAFETY MANUAL 2 Templates / documents / forms / checklists etc referred to in the workbook (Manual 1) 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.

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Page 1: Templates / documents / forms / checklists etc MANUAL 2 Templates checkli… · TAB 7 WHS INSPECTION CHECKLIST ... Interpretive guideline—model Work Health and safety Act - The

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

Page 1 of 61

WORK HEALTH & SAFETY

MANUAL 2

Templates / documents / forms / checklists etcreferred to in the workbook (Manual 1)

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

While REEF makes every effort to ensure the accuracy of the information provided, the accuracy may beaffected by changes to Commonwealth, State or Territory law and policy, or by judicial consideration orinterpretation. REEF does not give any guarantee, undertaking or warranty whatsoever in relation to theinformation, including in relation to the accuracy, completeness, currency or the interpretation of anylegislation 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.

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ContentsDisclaimer........................................................................................................................................1

TAB 1 RECORD OF NAMES OF THE PCBU/s AND OFFICER/s ...................................................................4

TAB 2 RECORD OF TRAINING UNDERTAKEN BY PCBU/s AND OFFICER/s ...............................................5

TAB 3 RECORD OF METHOD/S OF CONSULTATION ................................................................................6

TAB 4 RECORD OF SAFETY CONSULTATION............................................................................................7

TAB 5 RECORD OF CONSULTATION WHERE MORE THAN ONE DUTY HOLDER FOR THE SAME DUTY ...8

TAB 6 – WORKER REPRESENTATION HANDBOOK...................................................................................9

TAB 7 WHS INSPECTION CHECKLIST......................................................................................................10

TAB 7A ELECTRICAL CHECKLIST.............................................................................................................10

TAB 7B MANUAL HANDLING CHECKLIST...............................................................................................10

TAB 7C SLIPS TRIPS AND FALLS CHECKLIST ...........................................................................................10

TAB 8 HAZARD / NEAR MISS REPORT FORM.........................................................................................11

Tab 9 INJURY OR DANGEROUS OCCURRENCE REPORT FORM..............................................................12

TAB 10 HAZARD REGISTER ....................................................................................................................14

TAB 11 REGISTER OF HAZARDOUS SUBSTANCES..................................................................................15

TAB 12 SAMPLE SAFE OPERATING PROCEDURE ...................................................................................16

TAB 13 FIRST AID TREATMENT LOG......................................................................................................19

TAB 14 RECORD OF TRAINING ..............................................................................................................20

TAB 15 WHS INDUCTION CHECKLIST ....................................................................................................21

TAB 15A WHS INDUCTION CHECKLIST ..................................................................................................22

TAB 16 REQUIRED TRAINING/INFORMATION CHECKLIST.....................................................................23

TAB 17 READING MATERIAL FOR DEFINITIONS CHAPTER 1 MANUAL 1...............................................24

Interpretive guideline—model Work Health and safety Act - The meaning of ‘person conducting abusiness or undertaking’...................................................................................................................24

Interpretive guideline—model Work Health and safety Act - The health and safety duty of anofficer under section 27....................................................................................................................28

Interpretive guideline—model Work health and safety Act - The meaning of ‘reasonablypracticable’........................................................................................................................................34

TAB 18 VOLUNTEERS AND THE MODEL WORK HEALTH AND SAFETY ACT...........................................41

TAB 19 ALL WORKERS’ MEMO FOR INTRODUCING WHS AND CONSULTATION ON CONSULTATIONMETHODS..............................................................................................................................................44

TAB 20 ALL WORKERS’ FORM FOR CONSULTATION METHODS SUGGESTIONS ...................................45

TAB 21 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR INTRODUCING WHS POLICIES......46

TAB 22 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR IDENTIFYING, ASSESSING ANDCONTROLLING HAZARDS/RISKS IN THE WORKPLACE...........................................................................47

TAB 23 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON THE WORKENVIRONMENT AND FACILITIES............................................................................................................48

TAB 24 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON FIRST AID.....49

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TAB 25 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON PREVENTINGWORKPLACE BULLYING.........................................................................................................................50

TAB 26 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON WORKPLACEELECTRICAL RISKS..................................................................................................................................51

TAB 27 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON WORKPLACEFATIGUE ................................................................................................................................................52

TAB 28 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON WORKPLACEMANUAL HANDLING .............................................................................................................................53

TAB 29 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON WORKPLACESLIPS TRIPS AND FALLS..........................................................................................................................54

TAB 30 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON MANAGINGWORKPLACE ASBESTOS.........................................................................................................................55

TAB 31 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON LABELLINGWORKPLACE HAZARDOUS CHEMICALS.................................................................................................56

TAB 32 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON PREPARATIONOF SAFETY DATA SHEETS FOR HAZARDOUS CHEMICALS......................................................................57

TAB 33 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON NOISE ..........58

TAB 34 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON CONFINEDSPACES ..................................................................................................................................................59

TAB 35 CHEMICAL CHECKLIST ...............................................................................................................60

TAB 36 EMERGENCY PROCEDURES CHECKLIST.....................................................................................61

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<insert name of business>

TAB 1 RECORD OF NAMES OF THE PCBU/s AND OFFICER/s

Name the PCUB/s of the business or undertaking(If the PCBU is a company then only Officers’ names will be entered)

Name of the officer/s of the business or undertaking [If nilinsert nil]

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<insert name of business>

TAB 2 RECORD OF TRAINING UNDERTAKEN BY PCBU/s AND OFFICER/s

Name of PCUB/s Name of officer/s Name of trainingcourse attended

Who conducted thetraining

Duration of the course Date/s of attending thetraining

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TAB 3 RECORD OF METHOD/S OF CONSULTATION

DATE

MATTERS THAT WILL BECONSULTED ABOUT

WHO WILL BE CONSULTED

WAYS CONSULTATION WILLOCCUR

HOW INFORMATION WILL BESHARED

OPPORTUNITIES GIVEN FORWORKERS TO EXPRESS THEIR

OPINIONS

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TAB 4 RECORD OF SAFETY CONSULTATION

DATE WHO IS INVOLVED SAFETY MATTER DECISIONWHO IS RESPONSIBLE

FOR ACTIONDATE COMPLETED

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TAB 5 RECORD OF CONSULTATION WHERE MORE THAN ONE DUTY HOLDER FOR THE SAME DUTY

DATE WHO IS INVOLVED SAFETY MATTER DECISIONWHO IS RESPONSIBLE

FOR ACTIONDATE COMPLETED

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TAB 6 – WORKER REPRESENTATION HANDBOOK

A copy can be downloaded from the following web address:

http://www.safeworkaustralia.gov.au/AboutSafeWorkAustralia/WhatWeDo/Publications/Documents/645/Worker_Representation_and_Participation_Guide.pdf

If that site has changed you will need to try http://www.safeworkaustralia.gov.au

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TAB 7 WHS INSPECTION CHECKLIST

This is a PDF document that could not be reproduced here as a WORD doc. There is a hard copy in thismanual. Go to the following website to print out the checklist:

http://cdn.justice.act.gov.au/resources/uploads/Worksafe/Publications/Forms_and_Checklists/WSACT_CL_0009_-_OHS_Inspection.pdf

If that site has changed you will need to try http://www.worksafe.act.gov.au/health_safety .

TAB 7A ELECTRICAL CHECKLIST

This is a PDF document that could not be reproduced here as a WORD doc. There is a hard copy in thismanual. Go to the following website to print out the checklist:

http://cdn.justice.act.gov.au/resources/uploads/Worksafe/Publications/Forms_and_Checklists/WSACT_CL_0002_-_Electrical_Checklist.pdf

If that site has changed you will need to try http://www.worksafe.act.gov.au/health_safety .

TAB 7B MANUAL HANDLING CHECKLIST

This is a PDF document that could not be reproduced here as a WORD doc. There is a hard copy in thismanual. Go to the following website to print out the checklist:

http://cdn.justice.act.gov.au/resources/uploads/Worksafe/Publications/Forms_and_Checklists/WSACT_CL_0006_-_Manual_Handling.pdf

If that site has changed you will need to try http://www.worksafe.act.gov.au/health_safety .

TAB 7C SLIPS TRIPS AND FALLS CHECKLIST

This is a PDF document that could not be reproduced here as a WORD doc. There is a hard copy in thismanual. Go to the following website to print out the checklist:

http://cdn.justice.act.gov.au/resources/uploads/Worksafe/Publications/Forms_and_Checklists/WSACT_CL_0007_-_Slips_Trips_and_Falls.pdf

If that site has changed you will need to try http://www.worksafe.act.gov.au/health_safety .

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TAB 8 HAZARD / NEAR MISS REPORT FORM

If you see a hazard and you are unable to fix it or there is a near miss please use this form to report it.

Date of hazard: ____________________________________

Location of hazard: _____________________________________________________

Nature of hazard:

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

Has the hazard been fixed? YES NO

__________________________________ ____________________________Signed Date

__________________________________Print Name

Person conducting the business or an officer to complete:

Assessment: Rare Unlikely Possible Likely Almost certain

CatastrophicMajorModerateMinor Insignificant

Control:

_________________________________________________________________________________________

_________________________________________________________________________________________

Control by whom? ___________________________________________

By when (date)? _____________________________________________

Control evaluated (date) ______________________________________

Result: ____________________________________________________________________________

Details entered in to Hazard Register Tab 10 (date) _________________________________________

_______________________________ ___________________________Signed PCBU or Officer Date

_______________________________Name

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Tab 9 INJURY OR DANGEROUS OCCURRENCE REPORT FORM

BUSINESS DETAILS

Person in control of business Name of business ABN

Business address of business Phone number

WORKPLACE DETAILS

Unit Number Street Number Street & Complex Name (If Applicable) Suburb Postcode

Main activities, trades or servicesassociated with this workplace

No. of ALL workers at the workplace (include contractors and subcontractors part-time and casual workers)

INJURED PERSON DETAILS

Family Name Full Given Name/s Home address

Daytime contactphone number

Alternate contact phonenumber

Date of birth Gender Female Male

Job title Main Duties

Type of employment

Full-time permanent

Full-time casual

Part-time permanent

Part-time casual

Type of worker

Trainee

Outworker

Apprentice

Pieceworker (other than an Outworker)

Self-employed (Contractor or Subcontractor)

Unpaid worker

Work Experience

Other (note: most employees will fall into this category)

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DETAILS OF INJURY AND/OR DANGEROUS OCCURRENCE

Date of Injury Time

Place where injuryoccurred

Reason injured personwas at the placewhere injury occurred

Nature of injury (Include

the part of the bodyeffected)

Were any particularchemical, product,process or equipmentinvolved

OUTCOMES – PLEASE COMPLETE ALL RELEVANT PARTS OF THIS SECTION

Estimated date ofresumption of work

Action that has beenor will be taken toprevent recurrence

Date details entered inHazard Register

DETAILS OF PERSON COMPLETING THIS FORM

Full Name Designation

Signature Phone number Date

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TAB 10 HAZARD REGISTER

Location: Date:

Hazard What is theharm/risk that thehazard couldcause?

What is thelikelihood that theharm would occur?

How effective arethe currentcontrols?

What further controls arerequired?

How will the controls beimplemented?

Action by Due DateWhenCompleted

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TAB 11 REGISTER OF HAZARDOUS SUBSTANCES

Trade name Date assessed Location How used Risks Controls PPE needed

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TAB 12 SAMPLE SAFE OPERATING PROCEDUREWORKING ALONE

OUT OF OFFICE MEETING

FOR: EMPLOYEES WORKING ALONEEVENT: OUT OF OFFICE MEETING OR INSPECTION / APPRAISAL FOR SALE OR LEASE

(OPEN INSPECTIONS IS A SEPARATE SOP AND SHOULD BE READ INCONJUNCTION WITH THIS SOP)

ASSOCIATED DOCUMENT: WORKING ALONE POLICYDATE ISSUED: <insert>REVIEW DATES: <insert>AUTHORISED BY: <insert>

# HAZARD RISK CONTROL

1Being taken bysurprise

Employee notstaying awareand alert

Employees at all times to remain aware and alert of the risksof working alone. Do not take anything for granted.Remaining aware and alert in itself could save injury or illness.

2

Inability to telloffice the problembecause speakingon phone in frontof person

A needed codeback to office

Employer with “out of office” staff to establish a codedmessage/s whereby if employee rings in and says the code theoffice immediately know the employee is in some type oftrouble.

3

Lack ofcommunicationbetween employeeand the office oremergencyservices

Not being ableto contact anappropriateperson in anemergency

(i) Always carry on the person a mobile phone (suitablycharged)

(ii) Have the office speed dialled on the mobile.EMERGENCY IS “000”

(iii) Individual employees who wish to do so may want tocarry a personal alarm.

(iv) If there is a risk that your mobile will be out of range analternative means of communication back to the officeshould be established before leaving the office.

4Employee’swhereabouts notknown

Worker welloverdue atoffice but can’tbe located

Leave day’s itinery in the office with an appropriate person. Ifabsent for a half a day ring in or text in at least once – if absentfor whole day ring in or text in at least twice.

5Meeting unknownclient out of officefor first time.

Client mayhave apredispositiontowardsaggressivenessor violence.

(1) Try and have first appointment in office. If that is notpracticable: Ensure office knows your ETA back at theoffice.

(2) If there are any doubts take someone with you.(3) Do not take anything with you (including your paper file)

except your mobile phone.(4) If the appointment is residential, or it is commercial and

the premises are vacant, “size up” the client at the frontdoor before entering. Do not take anything with youexcept your mobile phone.

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(5) Do not leave the front door to go inside until you feelcomfortable. If you feel comfortable about going insideyou can then return to your car to fetch your file. If youfeel uncomfortable about entering you can say you needto get your file from the car and in doing so you can ringthe office.

(6) Have your car parked as close as possible in a positionready to drive off (no reversing if possible). Ideally youhave remote control locking on your car.

(7) Create and have a couple of standard excuses forwithdrawing from the appointment or summonsingassistance, e.g. “I’m sorry I left an important file back atthe office. I’ll just phone to get someone to bring it tome.” Make sure you can name a file in case the clientasks you what it is. When you phone in you can then givethe code as under 2 above.

(8) If an evening appointment cannot be avoided someoneshould go with you

6Client becomesaggressive orviolent

Risk of injury ordeath ordamage toproperty

(1) Employer to arrange staff training on how to deal withangry, aggressive or violent client/member of the public.

(2) If you know of a client who may have a predispositiontowards anger, aggressiveness or violence then nevermeet with them alone. A female should take a male withthem. An individual assessment should be considered ofthe person and if there are any doubts then you just donot meet with the person. If it’s an angry tenant forexample then you find safe alternative means ofcommunication (e.g. phone, letter, they come to theoffice).

(3) You must not meet with someone who is a knownassailant.

(4) Never try and debate the situation with an angry client.Just listen and sooner or later they will blow out ofsteam. That is when you appear to agree with them bysaying something like, “I can see where you are comingfrom and I will try and do everything I can to rectify theproblem. Can you suggest anything I can do to solve thisissue for you?”

(5) With a person exhibiting violence (particularly if theyhave a weapon) always obey their commands (if any) ifits within your power to do so and without putting you ata greater risk than what the person is presenting to you -for example, if they demand you jump out of a top storybuilding you are not going to do that but if they tell youto sit down then you sit down.

7Physicalenvironment

Slips trips andfalls; animalattack; virus or

1. The physical environment will dictate the type offootwear that is worn. For example, high heels wouldunsuitable on certain terrain. Carry a spare set of say

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bacteria joggers or flat rubber soles in the car – maybe evenrubber boots.

2. Be aware of uneven ground; pot holes; wood/white antrot in floors, balconies; asbestos; unhealthy premises;smell of gas; loose or unsafe electrical wiring; insecurestructures etc – always proceed with caution in anunknown physical environment. If a hazard is located it isto isolated and attended to in order to remove orovercome the risk.

3. No dog (and may some other type of animal) should betrusted. Owners/clients should be requested to securetheir pets before you or someone else ventures in.

4. If premises are considered unhealthy or severely unsafefor any reason they should not be entered until they arecertified safe by the appropriate authority. The councilsometimes certify premises as unfit for humanhabitation.

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TAB 13 FIRST AID TREATMENT LOG

Name of patient Date oftreatment

Time oftreatment

Name of firstaider

Injury description Treatment provided 1st aid items used

DO NOT FORGET TO REPLENISH THE FIRST AID KIT

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TAB 14 RECORD OF TRAINING

DATE SUBJECT/DESCRIPTION TRAINER DURATION TRAINEES NAME SIGNATURE

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TAB 15 WHS INDUCTION CHECKLIST

Worker’s name ______________________________________

Job Title ___________________________________________

Date /s of induction __________________________________

Suggestion: Provide the worker (preferably before they start) with a copy of all listed documentsbelow and after the worker has read them all arrange for the induction to take place.Note: This induction may take a week or two because of training. For example fire extinguishertraining and discrimination, bullying and harassment training may be off site.

Subject Date completed and any comments

1Methods of consultation on WHS betweenPCBU and workers explained [Manual 2 Tab 4]

2

Duties of workers as follows explainedA 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 aworker above.

3

Given access to WHS policies. Policiesintroduced with following outcomes:

That the individual 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

4

Given copies of following documents andtheir relevance explained:

1. Blank Hazard report forms – Manual 2 Tab 9

2. Blank Injury or dangerous occurrence report

forms – Manual 2 Tab 10

3. Blank WHS inspection checklists – Manual 2

Tab 8

5

1. Given a copy of the emergency plan and

had it explained [Manual 2 Tab 14]

2. Received the appropriate training for the

various parts of the emergency plan.

6Given copies of any relevant Safe OperatingProcedures and had them explained[Manual 1

Chapter 4 Part 6 and Manual 2 Tab 13]

7.Training as given above recorded in “Record ofTraining – Manual 2 Tab 16

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TAB 15A WHS INDUCTION CHECKLIST

This is a PDF document that could not be reproduced here as a WORD doc. There is a hard copy inthis manual. Go to the following website to print out the checklist:

http://cdn.justice.act.gov.au/resources/uploads/Worksafe/Publications/Forms_and_Checklists/WSACT_CL_0004_-_Induction_Checklist.pdf

or if that site does not work the main address is:

http://www.worksafe.act.gov.au/health_safety .

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TAB 16 REQUIRED TRAINING/INFORMATION CHECKLIST

This checklist is provided as a memory aid and will not necessarily contain all required training andinformation.

SUBJECT YES NO N/A

1 PCBU and Officer responsibilities training

2 All workers are aware of their WHS duties

3 All workers know about the methods of consultation

4 All workers are aware of the WHS policies

5All workers have received training in discrimination,harassment and bullying

6

All workers have received training in hazard risk managementand are aware of:

the hazard report form

the injury or dangerous occurrence report form

WHS inspection checklist

7

All workers have a copy of or access to a copy of theemergency plan and have received the appropriate training inrelation to the plan, namely:

Fire extinguishers, training in & where located

Exits

Assembly area

Alarm type

Emergency warden

First aiders

Building a site plan

Drills

Armed robbery

Violence/aggressiveness

Bomb threat

Emergency contact numbers

Who’s in the building?

Person with a disability

8

All workers know who the first aiders and emergencywardens are; where first aid kits are located; the procedurefor when first aid is required; and the first aid log to be filledout.

9All workers are aware of any Safe Operating Procedures forworkers working alone

10 All workers have been trained in any hazardous manual tasks

11All workers have been trained in any relevant electrical risks;fatigue; falls; asbestos; hazardous chemicals; noise; andconfined spaces.

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TAB 17 READING MATERIAL FOR DEFINITIONS CHAPTER 1 MANUAL 1

Interpretive guideline—model Work Health and safety Act - The meaning of ‘personconducting a business or undertaking’

This document provides guidance on the interpretation and application of the concept of a ‘personconducting a business or undertaking’ used in the Work Health and Safety (WHS) Act andRegulations.

The WHS Act places the primary duty of care and various other duties and obligations on a ‘personconducting a business or undertaking’ (PCBU). The meaning of a PCBU is set out in section 5 of theWHS Act.

This is a broad concept used to capture all types of modern working arrangements.

A ‘person’ may be an organisation or an individual

A ‘person’ is defined in laws dealing with interpretation of legislation to include a body corporate(company), unincorporated body or association and a partnership.

An individual is also a ‘person’, but will only be a PCBU where that individual is conducting thebusiness in their own right (as a sole trader or self-employed person). Individuals who are in apartnership that is conducting a business will individually and collectively be a PCBU.

Section 5 (4) of the WHS Act makes it clear that an individual is not a PCBU if they are involved in thebusiness or undertaking only as a worker or officer of the business or undertaking.

The Crown is also a person for the purposes of the WHS Act. The Crown may conduct a business orundertaking through its departments and statutory agencies.

What is a ‘business’ or ‘undertaking’?

The WHS Act does not define a ‘business’ or ‘undertaking’.

Whether a person conducts a business or undertaking is a question of fact to be determined in thecircumstances of each case. The following table identifies the usual meaning of these terms:

Businessesenterprises usually conducted with a view to making a profit and have a degree oforganisation, system and continuity

Undertakingsmay have elements of organisation, systems, and possibly continuity, but areusually not profit-making or commercial in nature

The WHS Act states that a person conducts a business or undertaking whether it is conducted aloneor together with others, and whether or not it is conducted for profit or gain.

The concept of ‘work’ is relevant to identifying what is a business or undertaking

The duties of a PCBU are all associated with the carrying out of work. The definition of a ‘workplace’is a place where work is carried out for a business or undertaking and includes any place where aworker goes, or is likely to be, while at work. The definition of a ‘worker’ is a person who carries outwork in any capacity for a person conducting a business or undertaking.

The WHS Act also places duties on PCBUs who carry out the following activities associated with workor workplaces:

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Section 20 – management or control of a workplace

Section 21 – management or control of fixtures, fittings or plant at a workplace

Sections 22-25 – design, manufacture, import or supply of plant, structures or substances thatare, or could be used at a workplace

Section 26 – install, construct or commission plant or structures that are, or could be used at aworkplace

What is work for the purposes of the model WHS Act?

What is ‘work’ is not defined in the WHS Act and must be given its ordinary meaning. The followingcriteria may assist in determining if an activity is work for the purposes of the WHS Act:

1. the activity involves physical or mental effort by a person or the application of particularskills for the benefit of another person or for themselves (if self-employed), whether or notfor profit or payment;

2. activities for which the person or other people will ordinarily be paid by someone is likely tobe considered to be work;

3. activities that are part of an ongoing process or project may all be work if some of theactivities are for remuneration;

4. an activity may be more likely to be work where control is exercised over the person carryingout the activity by another person; and

5. formal, structured or complex arrangements may be more likely to be considered to be workthan ad hoc or unorganised activities.

The activity may be work even though one or more of the criteria are absent or minor.

Examples of a business or undertaking

A retailer

A wholesale business

A manufacturing business

An importer that is on-selling the imported goods

An owner-driver of their own transport or courier business

A fast food franchisor and the operator of the fast food outlet (the franchisee)

A self employed person operating their own business

A government department or government agency

A local council

A school

Partnerships and unincorporated joint ventures.,Where the partnership or joint venture isunincorporated, each partner is a person conducting the business or undertaking of thepartnership or joint venture.

A builder (including principal contractors and sub-contractors)

A not-for-profit organisation that engages and pays administrative staff

A clothing manufacturer employing outworkers

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There may be multiple businesses or undertakings and therefore multiple PCBUs involved in work atthe same location. For example:

The owner of a multi-tenanted shopping centre, the manager of the shopping centre, each ofthe businesses operating from shops in the shopping centre and those carrying out ancillaryactivities such as cleaning, security and shopping trolley collection.

The principal contractor on a construction site, sub-contractors engaged by the principalcontractor, sub-contractors engaged by the sub-contractors (including self-employedcontractors), along with the client engaging the principal contractor.

A service station owner, the service station operator (if different from the owner), the mechanic(if running a separate business), the PCBU carrying out the supply of gas cylinders to the publicat the service station and the operator of an attached fast-food outlet.

A single business or undertaking may also operate at multiple locations.

Where work requires approval from the relevant building regulator an owner-builder may be a PCBUand owe duties to any workers or other persons at the workplace. In some circumstances where alandlord is carrying out work on an investment property that creates a risk to health and safety toother persons at the property they could also be a PCBU.

What is not a ‘business’ or ‘undertaking’

The WHS Act and Regulations identify specific organisations that are not considered to be a PCBU forthe purposes of the WHS Act. For example, the model Act provides that a volunteer associationdoes not conduct a business or undertaking .For further information, refer information in relation tovolunteer organisations refer to the interpretive guideline on volunteer associations.

Section 5(4) of the WHS Act excludes a worker (such as an employee) and an officer (such as anexecutive manager) from being a PCBU in that capacity alone.

Also, elected members of local authorities, who are acting in that capacity, do not conductbusinesses or undertakings.

The WHS Act allows further exclusions to be made by regulation. At this stage, the WHS Regulationsexclude ‘strata title bodies corporate that are responsible for common areas used only for residentialpurposes’, unless the strata title body corporate engages one or more workers as an employee.

Private or domestic purposes

The regulators consider that the intent of the legislation is that the following kinds of persons shouldnot to be taken to be PCBUs:

Individuals who carry out domestic work in and around their own home (e.g. domesticchores etc).

Individual householders who organise one-off events such as dinner parties, garage sales,lemonade stalls etc.

Individual householders who engage persons to carry out ad hoc home maintenance and repairsor other domestic work, e.g. casual babysitters; tradespeople to undertake repairs. It isimportant to note that a tradesperson will either be a worker for a business or undertaking, or abusiness or undertaking in their own right if the tradesperson is self-employed.

An individual householder may have the duties of a PCBU if they engage a worker, for example,employing a nanny to care for children in the householder’s home. While the householder is notemploying the worker as part of a business, employing the worker to carry out certain duties at the

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home is regarded as an ‘undertaking’. Consequently, the householder has a duty of care as a PCBUand the person employed by the householder has the worker’s duty of care under the WHS Act.

A householder may also be a PCBU if ‘work’ is carried out by or for them that is not purely domestic,but is part of a business or undertaking conducted by them (e.g. a business is operated from home).The householder may then be a person conducting a business or undertaking involving themanagement or control of the workplace, and have duties as such. If the person is undertaking‘work’ for the householder, as part of the conduct of a business or undertaking by the householder,then the householder will have the primary duty in relation to that person.

All of the facts will determine if in the particular circumstances there is a business or undertakingbeing conducted (in which ‘work’ is being carried out) or if the activities are of a private or domesticnature.

Application to the Crown

The WHS Act applies to businesses or undertakings conducted by the Crown in each jurisdiction. TheCrown operates through government departments and agencies which differ in size and complexity.In some jurisdictions the Crown may have responsibility for separate businesses or undertakings. Indetermining whether a department or agency conducts a business or undertaking on behalf of theCrown, matters such any legislation establishing or administered by the organisation, as well asorganisational structure, governance and decision making will be considered.

Where a department operates through various agencies, the Crown will be the PCBU but thedepartment or agency may be named in any proceedings or notices as the ‘responsible agency’.

Note: this document is a general guideline only and should not be used as a substitute for seeking professional legal advicefor your specific circumstances The contents of this document are correct and based on available information at the time ofwriting. However, there may be subsequent decisions of courts or tribunals on the matter covered by this guide whichmean that the contents are no longer accurate.

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Interpretive guideline—model Work Health and safety Act - The health and safety duty ofan officer under section 27

This document provides guidance on the interpretation and application of section 27 of the WorkHealth and Safety (WHS) Act, including who will be an officer and what it will mean for them.

Why place a due diligence requirement on an officer?

A ‘person conducting a business or undertaking’ (PCBU) has health and safety duties under the WHSAct. The PCBU may be a corporation, partnership, unincorporated association, a self employedperson or a sole trader.

The Crown is also a PCBU for the purposes of the WHS Act. The Crown conducts a business orundertaking through its departments and statutory agencies.

A business or undertaking is operated (governed) by individuals who, through their decision making,influence the specific activities and behaviours that determine the success or failure of health andsafety initiatives and compliance by the PCBU with WHS laws. These individuals through theirdecisions and behaviour strongly influence the culture of the business or undertaking andaccountability within it. They make important decisions on the resources that will be made availablefor the purposes of work health and safety and the policies that will be developed to supportcompliance.

Section 27 of the model WHS Act accordingly places a duty to exercise due diligence on theseindividuals, who are described as officers, to require them to take reasonable steps that will supporta health and safety culture, accountability, the allocation of resources and development ofappropriate policies. These due diligence requirements enable an officer to ensure that the PCBUuses and applies appropriate resources, policies, procedures and health and safety practices in theconduct of a business or undertaking. If an officer fails to exercise due diligence requirements, theycan be held personally liable.

Who is an ‘officer’?

Section 4 of the model WHS Act adopts as the definition of an officer for a corporation, partnership(with a variation noted below) or unincorporated association, the definition of that term in Section 9of the Commonwealth Corporations Act 2001.

Under section 9 of the Corporations Act 2001 an “officer” of a corporation means:

(a) a director or secretary of the corporation; or(b) a person:

i. who makes, or participates in making decisions that affect the whole or asubstantial part, of the business of the corporation; or

ii. who has the capacity to affect significantly the corporation’s financialstanding;

iii. in accordance with whose instructions or wishes the directors of thecorporation are accustomed to act (excluding advice given by the person inthe proper performance of functions attaching to the persons professionalcapacity or their business relationship with the directors or the corporation);or

(c) a receiver, or receiver and manager, of the property of the corporation; or(d) an administrator of the corporation; or

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(e) an administrator of a deed of company arrangement executed by the corporation; or(f) a liquidator of the corporation.

The Corporations Act definition provides similar categories for an officer of a partnership or anunincorporated association.

Exclusion of a partner in partnerships

Section 4 of the model WHS Act excludes a partner in a partnership from being an officer of a PCBU.This is to avoid double liability for the partners as they are individually and collectively a PCBU andwould owe duties under the Act and have the potential liabilities of a PCBU.

Officers of the Crown or a public authority

An officer of the Crown, or of a public authority that is a corporation, is defined only as a person whomakes, or participates in making decisions that affect the whole or a substantial part, of a businessor undertaking of the Crown or public authority.

The first step in identifying who is an officer of the Crown will be to identify the relevant business orundertaking of the Crown. This will be determined on the particular facts, including the way in whichthe relevant department or agency is organised and administered.

The business or undertaking will generally be clear in the case of a public authority that is acorporation. In the case of a department, a business or undertaking could be conducted by thewhole department or an identifiable part or agency within the department. This is important whenconsidering compliance by the PCBU that must be ensured by the officer.

A State, Territory or Commonwealth Minister of the Crown and an elected member of a localauthority (councillor) are not officers of a PCBU.

Officers of the Crown and public authorities, and people who meet the section 9 definition of anofficer under the Corporations Act, are deemed to have a level of influence in the business orundertaking that allows them to provide for and sustain the resources and procedures necessary foreffective management of WHS. They have the ability to determine the boundaries within which thePCBU operates and the overall approach of the PCBU in relation to the management of work healthand safety.

By way of contrast, a manager or supervisor in an area of the business or undertaking will not be anofficer, as they do not make the key decisions on how the PCBU operates but instead assists thedecision making by providing information and advice and implements the decisions.

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What is meant by ‘participate in making decisions’?

A person may be an officer even though they do not make the relevant decisions or have theauthority to do so, if they participate in the making of those decisions. What this means is that theperson is actively involved in the process through which the decisions are made and occupies a rolethat may directly contribute to, promote or affect the decisions.

For example, courts have found that corporate counsel, chief financial officers and other senior‘advisors’ within a corporation may be officers if they are present and involved in discussions whenthe decisions are made, but are not officers if they simply provide advice for the consideration of thedecision makers or are only involved in administration of a process.

A person may be considered to participate in the making of decisions where they have an ongoing orrepeated involvement in the process through which decisions are made.

The decisions need not be directly related to work health and safety. Decisions may affect workhealth and safety indirectly. How an organisation is structured, what areas of business it is involvedin, and what resources are allocated to particular parts of a business may all affect how work healthand safety is managed.

What is a ‘substantial’ part of the business or undertaking?

A person may be an officer even if they only participate in decision making that affects a substantialpart, but not the whole, of an organisation.

The courts have not provided clear guidance on what is a substantial part of a business and that willneed to be determined on the facts of each case, with reference to the structure and activities of theorganisation. A corporation that operates nationally may have regional divisions (e.g. northerndivision incorporating the Northern Territory and Queensland, and southern division incorporatingNew South Wales, Victoria and Tasmania). A business may have various, defined divisions based onproduct or service categories. Each of the divisions may each be a substantial part of the businessdepending on their role within the organisation as a whole.

Some or all of the following criteria are relevant in identifying whether a part of a business is asubstantial part:

1. The degree to which the part contributes to the revenue or financial standing of thebusiness

2. The degree to which the part is significant to the reputation of the entity

3. Whether the part is considered to be a core part of the business, or ancillary to the corebusiness

4. The proportion of personnel of the whole business who are engaged in activities withinthe part

5. Whether those who manage that part of the business make significant strategic or policydecisions, or whether those decisions are made at a higher level.

These and other relevant factors should be considered together, and the significance of any elementwill depend on the circumstances of the particular case.

In the case of a government department, a definable part or agency within the department may beregarded as a substantial part of the business or undertaking of the department.

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What is meant by capacity to affect significantly the corporation’s financial standing?

A person may have the capacity to affect significantly the financial standing of a company wherethey are involved in the financial management of it (for example, a chief financial officer) or areinvolved in decisions relating to significant investments or projects. A court has held, however, that aperson whose role it was to trade in shares was not an officer even though the amount of moneythey were authorised to deal in was very large.

Volunteer officers will have the duty but cannot be liable for a breach

A volunteer is a person who is not working for reward, although they may receive reimbursement ofexpenses incurred by them. A volunteer may be an officer of a PCBU. For example, a person may bea voluntary member of a committee of a not-for-profit association that is conducting an undertaking.

A volunteer who is an officer will have a duty to exercise due diligence provided by section 27 of theWHS Act, but cannot be prosecuted for failing to comply with that duty (see section 34(1)).

A volunteer officer will be expected to comply with the officers’ duty and the regulator can compelcompliance with that duty by issuing an improvement notice.

What must an officer do?

The health and safety duty of an officer requires them to exercise due diligence to ensurecompliance by the PCBU with its health and safety obligations.

An officer must ensure that the PCBU has in place appropriate systems of work and must activelymonitor and evaluate health and safety management. An officer’s duty is aimed at achieving andsustaining compliance by the PCBU, which may not occur without the active involvement of itsofficers.

Section 27(5) provides that due diligence requires an officer to take reasonable steps:

1. to acquire and keep up-to-date knowledge of work health and safety matters

(for example, what the WHS Act requires and the strategies and processes forelimination or minimisation of hazards and risks so far as is reasonably practicable);

2. to gain an understanding of the nature of the operations of the business or undertakingof the person conducting the business or undertaking and generally of the hazards andrisks associated with those operations

(advice from a suitably qualified person may be required to gain a general understandingof the hazards and risks associated with the operations of the business or undertaking )

3. to ensure that the person conducting the business or undertaking has available for use,and uses, appropriate resources and processes to eliminate or minimise risks to healthand safety from work carried out as part of the conduct of the business or undertaking

(this requires an understanding of what is needed for health and safety, makingdecisions about procedures and resources and ensuring that they are used);

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4. to ensure that the person conducting the business or undertaking has appropriateprocesses for receiving and considering information regarding incidents, hazards andrisks and responding in a timely way to that information;

(this should include the reporting of incidents and emerging hazards and risks,identifying if any further action is required to eliminate or minimise the hazards or risksso far as is reasonably practicable and ensuring steps are taken by the PCBU to takereasonably practicable steps);

5. to ensure that the person conducting the business or undertaking has, and implements,processes for complying with any duty or obligation of the person conducting thebusiness or undertaking under this Act;

(the section provides examples which are noted below – other examples include that thePCBU complies with licensing and registration obligations, union right of entryrequirements and the duty to consult, co-operate and co-ordinate activities with otherduty-holders);

6. to verify the provision and use of the resources and processes referred to in paragraphs3 to 5

(this makes it clear that ‘ensure’ means active verification, for example throughinspection or auditing processes, that the resources and processes are in place and arebeing used).

Examples of a PCBU’s duties or obligations which are specified in section 27(5)(e) of the WHS Act forparagraph 5 above are:

o reporting notifiable incidents;

o consulting with workers;

o ensuring compliance with notices issued under the WHS Act;

o ensuring the provision of training and instruction to workers about work health andsafety; and

o ensuring that health and safety representatives receive their entitlements totraining.

This list is not meant to be exhaustive. There may be other things required for an officer to showthat they have exercised due diligence in the particular circumstances. For example, an officer couldnot be said to be exercising due diligence to ensure compliance by the PCBU with its duties underthe WHS Act, if the officer did not take action to ensure that significant issues with the health andsafety performance of a contractor, of which they were aware, were properly addressed.

What is meant by ‘reasonable steps’ by an officer?

Officers will only be required to take reasonable steps to ensure that they have the relevantknowledge and understanding or take the relevant decision or action. What is reasonable willdepend on the particular circumstances, including the role and influence able to be exercised by theindividual officer.

Officers may meet the due diligence requirements in some respects by proper reliance oninformation from and the activities of others, while having more direct involvement in health andsafety management and governance in other aspects.

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To the extent to which an officer will seek to rely on others, the officer must be able to demonstratethe reasonableness of that reliance, which may be demonstrated through the receipt of credibleinformation and advice from appropriate people.

What will be needed to comply with the definition of due diligence?An officer can only comply with their duty by taking an active and inquisitive role in the planning andactioning of health and safety initiatives. While an officer need not be involved directly inimplementation, they must make the decisions that allow for the appropriate measures to be takenby the PCBU and take reasonable steps to ensure that they are taken.

An officer must have knowledge of the relevant matters before they are able to make decisions andverify the use of resources and processes. That knowledge will be technical (knowledge of workhealth and safety and legal obligations of duty-holders within the PCBU), situational (what ishappening and what that means) and strategic (what should the PCBU be doing and why).

That knowledge may need to come from senior managers, subject matter experts and managers andsupervisors involved in the operations. Information will need to be gathered, analysed and reportedand advice given from different levels of the business or undertaking.

To enable an officer to satisfy the requirements of due diligence, the PCBU should have:

1. an appropriate governance structure with the right people in place, who areappropriately authorised and accountable, to enable WHS to be properly attended to.Note: a formal structure may not be needed in a small business, where the officers willbe involved in the day to day activities and have easy access to the relevantinformation; and

2. information gathering and reporting processes to facilitate the flow of WHS information(including effective worker consultation and participation arrangements) and advice tothe officers, with the type of information that allows the officers to understand thehazards and risks, obligations and performance of the organisation, and to makeappropriate decisions.

3. a written register or other record of decisions made in the business or undertakings thatare likely to affect the whole or a substantial part of such a business or undertakingincluding:

a description of the relevant business or undertaking

the subject matter and purpose of the decision

the reasons for the decision

why the decision is thought to affect the whole or a substantial part of thebusiness or undertaking

who made the decision and why

who participated in making the decision and the basis of that participation

other matters considered in reaching the decision.

Note: this document is a general guideline only and is not a substitute for professional legal advice. The contents of thisdocument are correct at the time of writing. However, there may be subsequent decisions of courts or tribunals on thematter covered by this guide which mean that the contents are no longer accurate.

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Interpretive guideline—model Work health and safety Act - The meaning of ‘reasonablypracticable’

This document provides guidance on the interpretation and application of the term ‘reasonablypracticable’ in considering the standard of health and safety that a person conducting a business orundertaking (the duty-holder) is expected to meet under the Work Health and Safety (WHS) Act andRegulations.

‘Reasonably practicable’ is used to qualify duties to ensure health and safety and certain otherduties in the WHS Act and Regulation. This standard and what is required to meet it in relation to ahealth and safety duty are set out in section 18.

How is ‘reasonably practicable’ defined?

In this context, reasonably practicable means that which is, or was at a particular time, reasonablyable to be done to ensure health and safety, taking into account and weighing up all relevantmatters including:

(a) the likelihood of the hazard or the risk concerned occurring

(b) the degree of harm that might result from the hazard or the risk

(c) what the person concerned knows, or ought reasonably to know, about the hazard or risk, andways of eliminating or minimising the risk

(d) the availability and suitability of ways to eliminate or minimise the risk, and

(e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk,the cost associated with available ways of eliminating or minimising the risk, including whetherthe cost is grossly disproportionate to the risk.

What is ‘reasonably practicable’ is an objective test

What is ‘reasonably practicable’ is determined objectively. This means that a duty-holder must meetthe standard of behaviour expected of a reasonable person in the duty-holder’s position and who isrequired to comply with the same duty.

There are two elements to what is ‘reasonably practicable’. A duty-holder must first consider whatcan be done - that is, what is possible in the circumstances for ensuring health and safety. They mustthen consider whether it is reasonable, in the circumstances to do all that is possible.

This means that what can be done should be done unless it is reasonable in the circumstances forthe duty-holder to do something less.

This approach is consistent with the objects of the WHS Act which include the aim of ensuring thatworkers and others are provided with the highest level of protection that is reasonably practicable.

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How to determine what is reasonably practicable – the process

To identify what is or was reasonably practicable all of the relevant matters must be taken intoaccount and weighed up and a balance achieved that will provide the highest level of protection thatis both possible and reasonable in the circumstances. Some matters may be relevant to what can bedone, while others may be relevant to what is reasonable to do.

No single matter determines what is (or was at a particular time) reasonably practicable to be donefor ensuring health and safety.

What must be taken into account and weighed up

Although section 18 sets out specific considerations, they are not the only things that may berelevant and other things may also need to be considered.

For example:

there may be other legislation that requires or prohibits certain activities and limits what a duty-holder can do and the duty-holder must do what they reasonably are able to while complyingwith that other legislation; and

whether a duty-holder can control or influence a particular thing or the actions of anotherperson, or any limits on their ability to control or influence, may be relevant to what the dutyholder can do, or what they may reasonably be expected to do. The WHS Act makes it clear,however, that a duty-holder cannot avoid responsibility by a contract giving control to someoneelse and through that attempting to contract out of their obligations.

The duty-holder should consider all of the facts and identify and consider everything that may berelevant to the hazards, risks or means of eliminating or minimising the risks.

The matters that must always be taken into account and weighed up are the following:

(a) The likelihood of the hazard or the risk concerned occurring

The greater the likelihood of a risk eventuating, the greater the significance this will play whenweighing up all matters and determining what is reasonably practicable. If harm is more likely tooccur, then it may be reasonable to expect more to be done to eliminate or minimise the risk.

(b) Degree of harm that may result if the hazard or risk eventuated

The greater the degree of harm that could result from the hazard or risk, the more significantthis factor will be when weighing up all matters to be taken into account and identifying what isreasonably required (what is reasonably practicable) in the circumstances. Clearly, more mayreasonably be expected of a duty-holder to eliminate or minimise the risk of death or seriousinjury than a lesser harm.

(c) What the person concerned knows, or ought reasonably to know, about the hazard or risk andany ways of eliminating or minimising the risk

The knowledge about a hazard or risk, and any ways of eliminating or minimising the hazard orrisk, will be what the duty-holder actually knows, and what a reasonable person in the duty-holder’s position (e.g. a person in the same industry) would reasonably be expected to know.This is commonly referred to as the state of knowledge.

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A duty-holder can gain this knowledge in various ways, for example by:

consulting their workers and others in the industry

undertaking risk assessments

analysing previous incidents

considering relevant Regulations and Codes of Practice and other sources of informationsuch as: the regulator and its inspectors reputable technical standards, such as those published by Standards Australia industry publications, and published scientific and technical literature.

Knowledge about the hazard or risk

It is reasonably practicable for a duty-holder to:

Proactively take steps to identify hazards within their business or undertaking before theycause an incident, injury or illness. This should be done before the activity is undertaken orthe circumstances occur that result in the risk.

Understand the nature and degree of any harm that an identified hazard may cause, howthe harm could occur, and the likelihood of the harm occurring.

It is also reasonably practicable for a duty-holder to consider and understand, within theavailable state of knowledge, how the following may cause or increase hazards and risks:

potential failure of plant, equipment, systems of work or safety measures

human error or misuse, spontaneity, panic, fatigue or stress, and

interaction between multiple hazards that may, together, cause different risks.

Knowledge about ways of eliminating or minimising the risk

Regulations and Codes of Practice made under the WHS Act and other relevant legislation mayidentify ways to eliminate risks to health and safety, so far as is reasonably practicable and ifthat is not reasonably practicable to minimise risks so far as is reasonably practicable (referredto as control measures). Control measures set out in the WHS Act and Regulations must becomplied with.

While duty-holders are not obliged to comply with Codes of Practice, they are expected toidentify and consider this information. A court may have regard to a Code of Practice approvedunder the WHS Act as evidence of what is known about a hazard or risk, risk assessment or riskcontrol, and rely on the code in determining what is reasonably practicable in the circumstancesto which the code relates.

There may be many different ways of eliminating or minimising risks. The duty-holder shouldidentify as many of these as they reasonably can, to give them the greatest scope to choose andapply the most appropriate means to eliminate or minimise a risk in the particularcircumstances.

The ways of eliminating or minimising risks are ranked from most effective and reliable to theleast effective and reliable (known as the hierarchy of risk controls) and are described below.

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(d) Availability and suitability of ways to eliminate or minimise risks

This part requires a consideration of not only what is available, but also what is suitable for theelimination or minimisation of risk. A risk control that may be effective in some circumstances orenvironments may not be effective or suitable in others, because of things such as the workplacelayout, skills of relevant workers, or the particular way in which the work is done.

Equipment to eliminate or minimise a hazard or risk is regarded as being available if it isprovided on the open market, or if it is possible to manufacture it.

A work process (or change to a work process) to eliminate or minimise a hazard or risk isregarded as being available if it is feasible to implement.

A way of eliminating or minimising a hazard or risk is regarded as suitable if it:

is effective in eliminating or minimising the likelihood or degree of harm from a hazard orrisk;

does not introduce new and higher risks in the circumstances; and

is practical to implement in the circumstances in which the hazard or risk exists.

The hierarchy of risk controls

The ways of controlling risks are ranked from the highest level of protection and reliability to thelowest. This ranking is known as the hierarchy of risk control. The WHS Regulations require duty-holders to work through this hierarchy to choose the control that most effectively eliminates orminimises the risk in the circumstances.

A duty-holder must eliminate health and safety risks so far as is reasonably practicable.If there are no available or suitable ways to eliminate a hazard or risk, then a duty-holder must consider all available and suitable ways to minimise risks, so far as isreasonably practicable by: substituting a hazard with something, or a number of things,that gives rise to a lesser risk

isolating the hazard from any person exposed to it

implementing engineering controls

If there is a remaining risk, it must be minimised so far as is reasonably practicable byimplementing administrative controls, and if a risk still remains, then suitable personalprotective equipment must be provided and used.

How far a control may minimise risk, on its own or together with other controls, should beconsidered when weighing up what can reasonably be done. Some of the controls may lower thelikelihood of harm, others may lower the degree of harm that may result, and some may lowerboth.

(e) Cost of eliminating or minimising the risk

Although the cost of eliminating or minimising risk is relevant in determining what is reasonablypracticable, there is a clear presumption in favour of safety ahead of cost.

The cost of eliminating or minimising risk must only be taken into account after identifying theextent of the risk (the likelihood and degree of harm) and the available ways of eliminating orminimising the risk.

The costs of implementing a particular control may include costs of purchase, installation,maintenance and operation of the control measure and any impact on productivity as a result ofthe introduction of the control measure.

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A calculation of the costs of implementing a control measure must take into account any savingsfrom fewer incidents, injuries and illnesses, potentially improved productivity and reducedturnover of staff.

In identifying whether a particular expenditure is reasonable in the circumstances, the duty-holder must consider:

the likelihood and degree of harm of the hazard or risk; and

the reduction of the likelihood and/or degree of harm that will result if the control measureis adopted.

The more likely the hazard or risk is, or the greater the harm that may result from the hazard,the less weight should be given to the cost of eliminating the hazard or risk.

The cost of risk control options, individually and together, may be relevant when deciding whichof the available options are reasonably practicable, in a number of ways.

If there are a number of options available for eliminating or minimising a risk that achieve thesame level of reduction in likelihood or degree of harm, a duty-holder may choose to apply anumber of the least costly options. Using more expensive risk control options may not berequired to minimise a risk that is low in likelihood or severity of harm.

Cheaper, available and suitable options may be used instead of a costlier option that may furtherminimise the risk or severity of harm, where the cost of the costlier option is grosslydisproportionate to the risk. This will only apply where the cost is high and the likelihood ordegree of harm is low (e.g. a slight chance of minor cuts or strains and the cost of replacing plantwould be very high).

Choosing a low-cost option that provides less protection simply because it is cheaper is unlikelyto be considered a reasonably practicable means of eliminating or minimising risk.

If the degree of harm is significant (e.g. death or serious injury is at least moderately likely) thenit is unlikely that the cost of implementing available and suitable safety measures to eliminate orminimise the risk would ever be so disproportionate to the risk to justify a decision not to do so.

It may be reasonable to expect (and require) a duty-holder to eliminate the risk by ceasing therelevant activity if, after all ‘affordable’ control measures have been considered, there remains asignificant risk of serious injury or illness.

Where the cost of implementing risk controls is grossly disproportionate to the risk – e.g. thecost of engineering changes to plant will be high and there is only a slight risk of minor sprains -then this may mean the use of those controls is not reasonable and not required. This does not,however, mean that the duty-holder is excused from doing anything to minimise the risk so faras is reasonably practicable. It may simply mean that a less expensive way of minimising thelikelihood or degree of harm may instead be used.

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Capacity to pay is not relevant

The question of what is ‘reasonably practicable’ is to be determined objectively, and not byreference to the duty-holder’s capacity to pay or other particular circumstances. A duty-holdercannot expose people to a lower level of protection simply because it is in a lesser financial positionthan another duty-holder.

If two duty-holders are faced with the same hazard or risk in similar situations, one duty-holdercannot expose people to a lower level of protection simply because it is in a lesser financial positionthan another duty-holder.

If there are options available for eliminating or minimising a risk that achieve the same level ofreduction in likelihood or degree of harm, a duty-holder may choose the least costly option.However, choosing a low cost option that provides less protection simply because it is cheaper isunlikely to be considered a reasonably practicable means of eliminating or minimising risk.

The costs of implementing a particular control may include costs of purchase, installation,maintenance, operation of the control measure and any impact on productivity as a result of theintroduction of the control measure.

If a particular duty holder cannot afford to implement a control that is not so disproportionate to therisk as to be clearly unreasonable, the duty holder should not engage in the activity that gives rise tothat hazard or risk.

The operation of ‘reasonably practicable’ – an example

ABC Pty Ltd manufactures metal products used as components in industrial machinery. These arestamped on a press. Different dies are used for different items and the dies must be manuallychanged before each product run. The dies are heavy and are difficult to reach.

In this case, the company:

Consults its workers to assist in identifying the hazards associated with the work, which arethe cutting and crush hazards associated with the operation of the machine and thehazardous manual task associated with the changing of the die.

Identifies the potential harm to the operators, which are crush amputation injuries andmusculoskeletal injuries. These are assessed as having at least a moderately high likelihoodof occurring if risk controls are not implemented and maintained.

Determines the requirements for plant under the WHS Regulations and obtains informationfrom relevant codes of practice and machinery suppliers about the various mechanical andother ways of minimising the likelihood or degree of harm. The option of replacing themachine with another that does not have the risks, or has in place means for minimising therisks to the lowest level is considered. Another option includes retrofitting guards to preventthe crush injuries and to use mechanical aids for the extraction, lifting and movement of thedies. These various measures will need to be supported by appropriate systems of work,training and supervision.

Identifies which of the options are available and suitable for use in the circumstances andthe degree to which they will individually or together eliminate or if that is not possibleminimise the risks so far as is reasonably practicable. Considers whether particular riskcontrols may introduce other hazards or increase other risks.

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Stopping the activity would eliminate the risk of amputation, crush injury and musculoskeletal injury,however, this option is not a realistic alternative as the stamping operation is an integral andnecessary step in the manufacture of the dies.

Having identified what can reasonably be done, weighed up the degree and likelihood of harm andhow far a control may minimise risk, ABC decides to purchase a new computerised machine whichhas come onto the market that does not require manually changing the dies. This option eliminatesthe hazardous manual task. The machine also includes a cut-off to stop the operation so thatworkers do not come into contact with moving parts during routine maintenance on the machine. Italso produces less noise, which will minimise the risk of hearing loss.

Although the new machine is more expensive than retrofitting the existing machine with guarding, itprovides significant health and safety benefits and also increases efficiency. Given the severity ofharm and likelihood of it occurring, the costs are considered unlikely to be grossly disproportionateto the risk. If a new machine with improved design controls was not suitable or available, ABC couldopt to retro-fit guards and sound minimising devices to the existing machines. This would alsominimise the identified risks so far as is reasonably practicable.

ABC installs the new machine according to the manufacturer’s instructions and provides its workerswith relevant training on the safe operation and maintenance. The effectiveness of the risk controlsare reviewed after one month in consultation with workers.

Note: this document is a general guideline only and is not a substitute for professional legal advice. The contents of thisdocument are correct at the time of writing. However, there may be subsequent decisions of courts or tribunals on thematter covered by this guide which mean that the contents are no longer accurate.

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LEGISLATIVE FACT SHEET SERIES:

TAB 18 VOLUNTEERS AND THE MODEL WORK HEALTH AND SAFETY ACT

The model Work Health and Safety (WHS) Act aims to protect the health and safety of all workersnationwide, including volunteers. Protecting the health and safety of volunteers demonstrates thattheir commitment is valued and recognises the vital role they play in the community.This fact sheet provides information about the duties owed to and by volunteers under the modelWHS Act. In this fact sheet, the term ‘volunteer organisation’ is used to describe all volunteerorganisations including not for profit and community service organisations, whether or not they arecovered by the model work health and safety laws.

Am I protected under the model work health and safety laws?You are a volunteer under the model work health and safety laws if you are not working for paymentor financial reward although you may receive reimbursement for out of pocket expenses. All‘workers, including volunteer workers, are protected under the model WHS Act.

Who owes me duties?Whether you are owed health and safety duties as a volunteer worker under the model WHS Actdepends on the type of organisation for which you carry out your activities or work. Volunteers maycarry out unpaid work for:

businesses, or

not-for-profit volunteer organisations that are run by volunteers for community purposes.

‘Persons conducting a business or undertaking’The main health and safety duty under the model WHS Act is owed by a ‘person conducting abusiness or undertaking’ (PCBU). The duty is to ensure, so far as is reasonably practicable, the healthand safety of workers engaged in work for the business or undertaking. This duty is owed to aPCBU’s workers including to volunteer workers.A PCBU may be a corporation, a partnership, an unincorporated or incorporated association, a selfemployed person, a sole trader or the Crown. Some volunteer organisations, such as those that runretail businesses for example, may also be PCBUs. If you carry out work for a PCBU, as a volunteer orother worker, then you are owed duties under the WHS Act. If your volunteer organisation employsstaff as well as volunteers, it owes you duties under the model work health and safety laws whileyou are carrying out work for the organisation.

‘Volunteer associations’There are some volunteer organisations, called ‘volunteer associations’ which the model work healthand safety laws explicitly exclude. These are groups of volunteers, whether unincorporated orincorporated associations, working together for one or more community purposes, which do notemploy any workers to carry out work for the organisation. For more information about volunteerassociations, see the fact sheet “Volunteer organisations and the model Work Health and SafetyAct”.Even where the work health and safety laws do not apply, the general law duties of volunteerorganisations to volunteers are well established. Australian courts have long recognised thatvolunteers are owed a general duty of care by the people and the organisations they support.

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What does the organisation I volunteer for need to do to protect me?If the work health and safety laws apply to your volunteer organisation, the organisation mustensure, so far as is reasonably practicable, the health and safety of all of its workers includingvolunteer workers. This does not mean that the organisation has an absolute duty to ensure that noharm occurs. If an organisation is run by volunteers this is a factor that will be taken into account indetermining what is reasonably practicable for the organisation to do in any given circumstances.Volunteers carry out a wide variety of work in a variety of environments, and the level of care that isrequired from the volunteer organisation will depend on the individual circumstances.What the organisation is required to do to protect you depends on things like:

the type of company or organisation you work for

the type of work you carry out

the nature of the risks and potential injuries associated with that work, and

the location or environment where the work is carried out.

Risks you may encounter from the working environment or work equipment will depend on the typeof work you carry out and may include:

1. exposure to and use of machinery, vehicles and chemicals2. unstable or unsafe structures3. working at heights4. unsafe entrances, exits, steps, stairs and ramps5. slippery floors6. cramped work spaces7. poor ventilation, excessive noise or insufficient lighting8. non-ergonomic work stations9. insufficient or non-hygienic toilets and hand basins10. challenging client behaviour, and11. excessive workload.

The organisation or company you work for should make an assessment of the hazards and risksvolunteers are likely to encounter and take reasonably practicable steps to eliminate or minimisethose risks. These steps should include making sure that:

1. the workplace itself is safe and without risks to health and safety2. equipment and machinery provided for use is safe3. there are adequate facilities at the workplace, such as first aid and toilet facilities, and4. necessary information, instruction and training is provided to allow volunteers and workers

to perform their work safely.The organisation should also consult with its volunteer workers regarding the management of healthand safety generally and should ensure volunteers have a reasonable opportunity to contribute tothe improvement of health and safety.

As a volunteer, do I have duties under the model WHS Act?People who are ‘workers’ have duties under the WHS Act. As a volunteer worker, you only haveduties if you carry out work for an organisation which is a PCBU.If so, you have the same duties as other ‘workers’ at the workplace:

1. to take reasonable care for your own health and safety2. to take reasonable care that your conduct does not adversely affect the health and safety of

others3. to comply with any reasonable instruction that is given to you by the PCBU (to help it to

comply with the WHS Act), and4. to cooperate with any reasonable policy or procedure relating to health and safety at the

workplace.

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If you are a coordinator or manager of volunteers and you work in a paid role, you will have thesame duties to take reasonable care as other ‘workers’.

Can I be prosecuted if I don’t meet my duties under the WHS Act?Volunteers who carry out work for PCBUs are required to take reasonable care for their own healthand safety. Like any other duty holders who do not comply with their duties under the WHS Act,workers, including volunteer workers, can be prosecuted. This is the same for any person, including amember of the public, who visits a workplace and is required to take reasonable care for their ownhealth and safety.

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TAB 19 ALL WORKERS’ MEMO FOR INTRODUCING WHS AND CONSULTATION ONCONSULTATION METHODS

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Work Health & Safety

DATE:

1. Work Health & Safety (WHS) is a very important part of our daily working lives. We will beintroducing a SAFETY MANAGEMENT SYSTEM which is a set of policies and procedures thatmust be introduced into the workplace in order to eliminate or minimise risks to workhealth and safety.

2. Fundamental to WHS is consultation between management and workers.

3. So first we must establish a method or methods on how management and workers are toconsult on WHS. Attached is a form to give you the opportunity to have your say about whatmethod/s you would like to see in place for consultation between management and workerson issues of WHS.

4. Please complete and return this form with your suggestions. If you do not return the form,it will be taken that you will leave it to others to set up a method/s of consultation.

5. Later you will be issued (either as soft or hard copies) with draft WHS policies and you areasked to read these policies and make a note of any questions you may have.

6. <Optional at this stage but this a good stage to introduce such training>. We will thenorganise training for management and workers for “Anti-discrimination, Sexual Harassmentand Bullying”. To save two meetings at this training session we will further consult on thedraft WHS policies and then introduce them as company policies.

7. After consultation and when the policies are introduced you will be required to sign anacknowledgement receipt saying you have read the policies; understand them; will abide bythem; and you are aware of possible consequences if you breach a policy.

8. After the WHS policies are introduced there are then a range of other WHS matters thatmust be addressed through consultation, including:

Identifying, assessing and controlling hazards/risks in the workplace

An emergency evacuation plan (a fire drill will wait until we are relocated)

Training of first aiders and fire wardens

Controlling hazards of workers working alone

Managing the work environment and facilities

Regards

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TAB 20 ALL WORKERS’ FORM FOR CONSULTATION METHODS SUGGESTIONS

Name: _________________________________

To Management:

Please consider my following suggestions for a method or methods for management and staff toconsult on issues to do with work health and safety (WHS).

WHS to be a permanent agenda item at staff meetings

Using emails as a means of WHS communication and consultation

Staff may present oral/written WHS proposals at any time to management

Certain groups of workers to be consulted on particular hazards that only affect that

group

Everyone should be consulted when an incident occurs

Important WHS information will be shared with all workers through staff meetings and

memos

Feedback to be given in a timely fashion

[Other] _______________________________________________________________

[Other] _______________________________________________________________

__________________________________ _____________________

Signed Date

Please return your suggestions to management as your comments will be appreciated.

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TAB 21 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR INTRODUCING WHSPOLICIES

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Work Health & Safety Policies

DATE:

1. As part of introducing a SAFETY MANAGEMENT SYSTEM you will be issued (either as soft orhard copies) with draft WHS policies and you are asked to read these policies and make anote of any questions you may have.

2. We will further consult on the draft WHS policies and then introduce them as companypolicies.

3. After consultation and when the policies are introduced you will be required to sign anacknowledgement receipt saying you have read the policies; understand them; will abide bythem; and you are aware of possible consequences if you breach a policy.

4. After the WHS policies are introduced there are then a range of other WHS matters thatmust be addressed through consultation, including:

Identifying, assessing and controlling hazards/risks in the workplace

An emergency evacuation plan (a fire drill will wait until we are relocated)

Training of first aiders and fire wardens

Controlling hazards of workers working alone

Managing the work environment and facilities

Regards

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TAB 22 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR IDENTIFYING, ASSESSINGAND CONTROLLING HAZARDS/RISKS IN THE WORKPLACE

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Identifying, Assessing and Controlling Hazards/Risks in the Workplace

DATE:

1. Management and workers must consult and work together in identifying, assessing andcontrolling hazards / risks in the workplace.

2. This is most possibly the key to a safe and healthily workplace.

Identifying hazards3. On about a quarterly timeframe we will use a WHS Inspection Checklist (Manual 2 Tab 7) to

identify workplace hazards. The inspection will be carried out by a manager and a worker.

4. In addition because workers in real estate frequently work alone special attention must begiven to identifying hazards in the field as opposed to the office. Briefing sessions will beheld with workers who work alone to identify hazards and to write up Safe OperatingProcedures for particular hazards.

5. A worker who becomes aware of a hazard / near miss should endeavour to fix it if they arecompetent and capable of doing so and advise management – if not then the worker shouldsubmit a Hazard / Near Miss Report Form.

6. An identified hazard / risk must be assessed and controlled and as such consultation andbriefing sessions will be held so that everyone is aware of what should be done in relation toidentifying, assessing and controlling hazards / risks in the workplace.

Key TermsHAZARD means something that has a potential to harm a person. For example, a frayed electricalcord.

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

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

Regards

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TAB 23 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ON THEWORK ENVIRONMENT AND FACILITIES

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: The Work Environment and Facilities

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for Managing the Work Environment and Facilities.

2. The ‘environment’ refers to such things as good housekeeping, floors and surfaces,workstations, lighting, ventilation etc.

3. ‘Facilities’ refer to such things as drinking water, toilets, dining facilities etc.

4. Under the Code of Practice for Managing the Work Environment and Facilities we must alsodevelop an Emergency Plan (Manual 4) which is an exercise in itself.

5. Consultation and worker training on these matters will be organised.

Regards

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TAB 24 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ONFIRST AID

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: First Aid

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for First aid in the workplace.

2. The Code covers such matters as:

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

3. When a first aid kit is utilised the First Aid Treatment Log (Tab 13) must be completed.

4. Consultation and worker training on these matters will be organised.

Regards

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TAB 25 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ONPREVENTING WORKPLACE BULLYING

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Workplace Bullying

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for Preventing and Responding to Workplace Bullying.

2. The Code covers such matters as:

What is workplace bullying?

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

What is involved in preventing workplace bullying?

Identifying and assessing the risk of workplace bullying (see also Appendix A forguidance)

Controlling the risk of workplace bullying (see also Appendix A for guidance)

Information and training

Responding to workplace bullying

3. Consultation and worker training on these matters will be organised.

Regards

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TAB 26 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ONWORKPLACE ELECTRICAL RISKS

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Electrical Risks

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for Managing Electrical Risks in the Workplace.

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

3. The Code covers such matters as:

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

4. Consultation and worker training on these matters will be organised.

Regards

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TAB 27 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ONWORKPLACE FATIGUE

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Workplace Fatigue

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for Preventing and Managing Fatigue in the Workplace.

2. The Code covers such matters as:

What is fatigue?

What is involved in preventing and managing fatigue?

Managing risks associated with fatigue

3. Consultation and worker training on these matters will be organised.

Regards

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TAB 28 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ONWORKPLACE MANUAL HANDLING

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Manual Handling

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for Hazardous Manual Tasks.

2. The Code covers such matters as:

What is a hazardous manual task?

And then items 2, 3, 4 and 5 go into the identification, assessment and control ofhazardous manual tasks

3. Consultation and worker training on these matters will be organised.

Regards

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TAB 29 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ONWORKPLACE SLIPS TRIPS AND FALLS

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Slips Trips and Falls

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for How to Prevent Falls at Workplaces.

2. Consultation and worker training on these matters will be organised.

Regards

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TAB 30 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ONMANAGING WORKPLACE ASBESTOS

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Managing Workplace Asbestos

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for How to Manage and Control Asbestos in the Workplace.

2. Consultation and worker training on these matters will be organised.

Regards

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TAB 31 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ONLABELLING WORKPLACE HAZARDOUS CHEMICALS

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Labelling workplace Hazardous Chemicals

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for Labelling of Workplace Hazardous Chemicals.

2. Consultation and worker training on these matters will be organised.

Regards

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TAB 32 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ONPREPARATION OF SAFETY DATA SHEETS FOR HAZARDOUS CHEMICALS

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Safety Data Sheets

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for Preparation of Safety Data Sheets for Hazardous Chemicals.

2. Consultation and worker training on these matters will be organised.

Regards

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TAB 33 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ONNOISE

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Noise

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for Managing Noise and Preventing Hearing Loss at Work.

2. Consultation and worker training on these matters will be organised.

Regards

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TAB 34 ALL WORKERS’ MEMO TO PREPARE YOUR WORKERS FOR CONSULTATION ONCONFINED SPACES

ALL WORKERS MEMO

FROM:

TO: All Workers

SUBJECT: Confined Spaces

DATE:

1. Management and workers must consult and work together to satisfy the standards set out inthe Code of Practice for Confined Spaces.

2. Confined spaces probably will not occur in a real estate office but we should still do our riskassessment of the office – e.g. a real estate office may be an old bank that has a walk in vaultand what would happen if someone got locked inside?. Working in the field may at times berelevant in relation to certain premises or locations.

3. What is a confined space?

A confined space is determined by the hazards associated with a set of specificcircumstances 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 spacethat:

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 isin 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.

4. Consultation and worker training on these matters will be organised.

Regards

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TAB 35 CHEMICAL CHECKLIST

This is a PDF document that could not be reproduced here as a WORD doc. There is a hard copy inthis manual. Go to the following website to print out the checklist:

If you want to download the Chemicals Checklist go to:

http://cdn.justice.act.gov.au/resources/uploads/Worksafe/Publications/Forms_and_Checklists/WSACT_CL_0001_-_Chemical_Checklist.pdf

or if that site does not work the main address is:

http://www.worksafe.act.gov.au/health_safety

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TAB 36 EMERGENCY PROCEDURES CHECKLIST

This is a PDF document that could not be reproduced here as a WORD doc. There is a hard copy inthis manual. Go to the following website to print out the checklist:

If you want to download the Checklist go to:

http://cdn.justice.act.gov.au/resources/uploads/Worksafe/Publications/Forms_and_Checklists/WSACT_CL_0003_-_Emergency_Procedures.pdf

or if that site does not work the main address is:

http://www.worksafe.act.gov.au/health_safety