Work Health and Safety(National Uniform

Legislation) Act and Regulations

NT WorkSafeAnna McGill

Legislative Framework

• Work Health and Safety (National Uniform Legislation) Act (WHS (NUL) Act)

• Work Health and Safety (National Uniform Legislation) Regulations

• Approved Codes of Practice – Managing Health and Safety Risks– Work Environment and Facilities

Key provisions of the WHS Act

• duties of care are not defined by the nature of employment relationship – Person Conducting Business or Undertaking (PCBU)

• protects all types of ‘workers’• positive duties for officers to exercise ‘due diligence’• duty to consult with workers and other duty holders • protection against discrimination and coercion• unions have a right to enter workplaces• significant increase in penalties

Duties of Care

Section 18 - Reasonably Practicable

• Standard of your Work Health and Safety duty• In this context, reasonably practicable means that which

is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters.

Reasonably Practicable – relevant matters for consideration • the likelihood of the hazard or the risk concerned occurring• the degree of harm that might result from the hazard or the

risk• what the person concerned knows, or ought reasonably to

know, about the hazard or risk, and ways of eliminating or minimising the risk

• the availability and suitability of ways to eliminate or minimise the risk, and

• after assessing the above, consider the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

PCBU Primary Duty of Care

Further Duties of PCBUs

• PCBU involving the management or control of a workplace

• PCBU involving management or control of fixtures, fittings or plant

• PCBU that designs /manufactures / imports or supplies plant, substances or structures

• PCBU that install, construct or commissions plant or structures.

Duty of Officers

Consultation Obligations

• PCBU must, so far as reasonably practicable: – consult with workers, and– consult, co-operate with and co-ordinate activities with other

persons who have a duty in relation to the same matter.

• Health and Safety Representatives (HSRs) for work groups:– must be established on request from a worker, and– can direct unsafe work to cease and issue provisional

improvement notices, but only if trained.

• Health and Safety Committees:– must be established within two months where requested by

HSR, or five or more workers.

Role of Unions

• Work health and safety entry permit holder can enter to inquire into suspected breaches, as well as to consult and advise workers, subject to permit and member eligibility requirements, protections and accountability.

• Aligned with requirements in the Fair Work Act 2009. • No notice for suspected breach.• 24 hours notice to consult, advise or obtain documents.

Transitional Arrangements

• Extensive Transitional Arrangements have been developed. – Provides PCBU with time to assess compliance and

implement control measures where necessary to comply with the new and significantly changed obligations

– Detailed information on NT WorkSafe website

WHS Regulations

• Chapter 1 – Preliminary Matters – Definitions generally – Definition of Supply – How the Regulations can be linked to the Act

WHS Regulations – Chapter 2 Representation and Participation

• Process for – Establishing work groups– Electing HSR– Electing HSC

• Default process for issue resolution• Entry Permit holders notice etc.

Chapter 3 - General Risk and Workplace Management • How to manage Health and Safety Risks

– Specific requirements must be complied with;– Risk Management Process

• Provisions relating to general workplace management– Information and training for staff – First aid, PPE, etc.

Chapter 3 - 12 Month Transitional Arrangements • Reg 42 – Duty to provide adequate numbers of first aid

officers • Reg 43 – Duty to prepare, maintain and implement

emergency plans • Reg 48 – Management of Risk of remote or isolated

workers • Reg 53 – Flammable and combustible material not to be

accumulated • Reg 54/55 – Managing Risks of Falling Objects

Chapter 4 Hazardous Works

• General and Specific risk management requirements in relation to:– Noise – Confined space– Hazardous manual tasks– Electrical safety

• High Risk Work Licences

Chapter 5 – Plant and Structures

• General and specific control measures for plant• 5 year registration process for items of plant • Required to maintain, test and inspect plant in

accordance with manufactures instructions • Competent person required to inspect plant for

registration and renewal purposes • Major inspection of cranes – who is competent

Chapter 6 Construction Work

• Principal Contractor duties triggered when construction work is $250,000 or more

• Work Health Safety Management Plan required • Safe Work Method Statements required for high risk

construction work

Chapter 7 Hazardous Chemicals

• The use, storage and handling of dangerous goods are now regulated by the WHS (NUL) Act

• No longer a licensing regime established by the Dangerous Goods Act

• Notification requirements based on threshold quantities at workplace

• Globally Harmonised System (GHS) will become the system of classification and labelling of Chemicals – 5 year transition applies

Chapter 8 Asbestos

• PCBU with management or control of a workplace will need to establish:– Asbestos Register identifying location of asbestos by

competent person – Asbestos management plan

• Changes to asbestos removal licensing regime• Transitional arrangements exist

Codes of Practice • Work Health and Safety Consultation, Co-operation and

Co-ordination • How to Manage Work Health and Safety Risks • Managing the Work Environment and Facilities • First Aid in the Workplace • Hazardous Manual Tasks• How to Manage and Control Asbestos in the Workplace• How to Safely Remove Asbestos• Managing Noise and Preventing Hearing Loss at Work

Codes of Practice

• Labelling of Workplace Hazardous Chemicals • Preparation of Safety Data Sheets for Hazardous

Chemicals• Confined Spaces • Construction Work • Preventing Falls in Housing Construction • Prevention of Falls in General Construction

Further Information

Website www.worksafe.nt.gov.au

safeworkaustralia.gov.au