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PSPREG401C Exercise Regulatory Powers

PSPREG401C Exercise Regulatory Powers. Booklet #1 Version 1.0 June 2012. PSPREG401C. Booklet 1 of 2 will be concentrating on Workplace Health and Safety legislation and compliance, and the Fair Work Act 2009 and employment contracts

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PSPREG401C Exercise Regulatory Powers

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  1. PSPREG401C Exercise Regulatory Powers Booklet #1 Version 1.0 June 2012

  2. PSPREG401C • Booklet 1 of 2 will be concentrating on Workplace Health and Safety legislation and compliance, and the Fair Work Act 2009 and employment contracts • Some areas that will be addressed in the closed book exam: Demonstrate your understanding of; • Qld legislation as it applies to a case study • Obligations of employers and employees • National compliance and enforcement • What is a Hazard

  3. PSPREG401C • Distinguish between a contract of service and a contract for service • The Control Test and Multi-Factor Test • The 10 National Employment Standards • Unfair Dismissal • Enforcement of compliance with the FWA

  4. Workplace Health and Safety – What is it? Health – lack of disease / illness Safety – lack of accidents Sometimes it is actually our occupation that is hazardous – no matter where we do it – hence: ‘Occupational Health & Safety’

  5. Why are we here?Why is OHS so vital?

  6. Which one do you think is the most dangerous industry? Storage Construction Agriculture Reference: Microsoft Clipart 2012

  7. Where do the injuries/illness occur? The statistics: 2008-09 (arguably mining field, will soon be represented, if not already, as employment increases at a rapid rate) Most dangerous industries: • Agriculture, forestry & fishing • Storage (Warehouse) • Manufacturing • Construction

  8. Self reflection time…. How do you feel about WH&S now after watching the Gavan McGuane Story? http://www.deir.qld.gov.au/workplace/publications/multimedia/changingfocus/index.htm Publications tab, then film tab

  9. OHS legislation: Activity will include a case study and application of the new act to the case study. This is an interesting area.

  10. Session 1 Objectives • To identify the WH&S legislation and understand how it is applied in workplaces • To know what OHS policy and procedures are

  11. Common Law • Based on judgements made by courts, judges and magistrates • Under common law employers must: • Competent staff • Enough people to do the job • A reasonable safe place to work • Appropriate plan & equipment • A reasonably safe system of work

  12. Negligence Under ‘common law’ negligence may be attributed to a person who didn’t provide a safe workplace A person can be ‘sued’ May be: • Vicarious liability (an employer can be responsible for his employers actions) • Contributory liability (when a person might have contributed to the injury)

  13. Statute Law • Law made by Parliament • Considered to be ‘pro-active’ law • Aims to prevent the injury/illness BEFORE it happens • Does this by enshrining general principles of safety for everyone to follow

  14. Statute Law = Legislation Work Health and Safety Act 2011.

  15. For your information…. • Qld introduced the WH&S Act in 1989 • Updated regularly – last ‘Qld’ version was 1995 • On Jan 1 2012 national harmonisation of OHS laws resulted in the: Work Health and Safety Act 2011

  16. Object of the WH&S Act? Interesting Area: To provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by: Protecting workers & others against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from particular types of substances or plant (Source: WH&S Act 2011 Sec 3)

  17. So how does the WH&S Act keep us safe at work? The WH&S Act gives everyone a ‘duty’ towards health & safety in the workplace. ‘Duty’ = Your responsibility (your obligation) ‘Duty of Care’ – a legally binding responsibility for everyone to do EVERYTHING that is reasonably practicable to remove or minimise possible causes of harm in the workplace.

  18. Your duty as a worker:(According to the WH&S Act): • Interesting area: • Take reasonable care for your own health and safety • Take reasonable care that you acts or omissions do not adversely affect the health and safety of other persons • Comply, so far as the worker is reasonably able, with instructions that are given by the person conducting the business to allow for the person to comply with the Act • Co-operate with any reasonable policy or procedure of the persons conducting the business relating to health and safety at the workplace

  19. But what about your RIGHTS? What rights do you expect to have in the workplace relevant to WH&S? • To feel safe • To be supplied with all of the appropriate safe equipment/methods/work-area, etc • To be trained appropriately • To be able to express concerns about health & safety without fear of consequences

  20. Reasonably Practicable That which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including: Likelihood, consequences, knowledge, availability/suitability of controls, cost in proportion to significance (WH&S Act 2011, S18)

  21. Duty of a Person Conducting Business or Undertaking • Must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace, are without risks to the health and safety of any person. (Ref: WH&S Act 2011, S20)

  22. Due Diligence • Applies to ‘officers’ - a person who makes or participates in making, decisions that affect the whole organisation, an officer of the Crown or a an officer of a public authority • Must prove that they: • have sound knowledge of health and safety matters • understand the operations being carried out in the business • understand the hazards and risks specific to their organisation • ensure that the person conducting the business has appropriate H&S policy and procedures and complies with the legislation

  23. What else is in the WH&S Act? • Health and safety duties of: Persons Conducting a business or undertaking (PCBU) who are: • Designers • Manufacturers • Installers • Importers • Workers • Others in the workplace • Consultation in the workplace • Between employers & employees • Between workplaces and Workplace Health and Safety Qld • Identifies the penalties that are due when breaches of the WH&S Act occur.

  24. Work Health & Safety Regulation 2011 To assist in fulfilling the duties spelt out in the WH&S Act, there is the WH&S Regulation • It supplies the ‘how to’ • The WH&S Regs are considered to be ‘subordinate legislation’ – they are LAWS that sit under the Act.

  25. Codes of Practice • provide ‘industry specific’ information about how to apply the principles of safety identified in the Act. • example of ‘subordinate law’, although they are not legally binding if you have proof that you have a proven, alternative ‘safe’ method.

  26. Australian Standards • These are national benchmarks used for products, services and procedures • They are prepared by experts in the relevant industries and updated regularly • Not legally binding unless they are referenced in the WH&S Regulation

  27. Ministerial Notices • Issued by the Minister in the event of an urgent situation arising • Prescribes ways of preventing or minimising exposure to a new risk • To meet your obligations under the Act you MUST comply with a Ministerial notice

  28. Putting it together: Act & Regs – are LAW and MUST be followed. Codes of Practice – provide GUIDANCE on how to meet the law Policy / Procedures – show how your workplace is meeting the requirements of the law

  29. Where can you find the WH&S Act, Regulations or Codes of Practice if you need them? • Pop ‘WHSQ’ into your search engine • Will take you to www.deir.qld.gov.au Now falls under that Department of Justice and Attorney-General • This is an interesting area maybe in the exam especially the National Compliance Enforcement Policy via safeworkaustralia.gov.au

  30. Compliance with work health and safety laws • What approaches are taken by regulators in relation to workplace health and safety laws? • What are some of the ways non compliance is dealt with by the regulators? • This is an interesting area

  31. Workplace Health and Safety Policy and Procedures • OHS policy – detailed statement of ‘what’ an organisation plans to do in their workplace about WH&S. (Reflects their values regarding WH&S) • OHS procedures – written instructions outlining the methods of performing the tasks/activities in the workplace. They also address the processes of consultation and documentation.

  32. What will be in the OHS policy and procedures? • dangerous goods transport and storage, • emergency and evacuation procedures, • first aid provision/medical practitioner contact and attention, • hazard reporting procedures, • hazardous substances use and storage, • incident (accident) investigation, • OHS arrangements for onsite contractors, visitors and members of public, • OHS audits and safety inspections, • plant and equipment maintenance and use, • procedures for hazard identification, • procedures for risk assessment, selection and implementation of risk control measures, • purchasing policy and procedures , • safe operating procedures/instructions, • site access and • use and care of personal protective equipment.

  33. Let’s look at: Risk Assessment Picture Ref: http://www.inkcinct.com.au/web-pages/cartoons/past/2006/2006-532-fire-risk-assessment.jpg

  34. Session 2 Objectives • Understand what a ‘hazard’ is • Be able to identify hazards in your workplace • Be aware of how to report hazards • Understand what ‘risk’ is • Explain how to rank a risk • Identify controls to address risk according to the Hierarchy of Control

  35. Whatis a HAZARD? • A source (or potential source) of harm to persons, property or the environment. • Something that can hurt you! • They can be found: • in unsuitable conditions in the workplace • in unsuitable work methods and procedures • in unsuitable behaviour by workers (human error) interesting area:

  36. Typesof hazards • Hazardous substances • Solids, liquids, gas • Vapours, fumes, dust, mist • We might ingest, inhale or absorb through skin (dermal contact) • Strict guidelines in WH&S Regs • Material Safety Data Sheets (MSDS) must be provided for every hazardous substance http://canidoit.org/wp-content/uploads/2010/02/toxic-chemicals1.jpg

  37. 2. Manual Handling • lifting, stretching, pushing, pulling, bending, twisting, etc. • Repetitive work fits into this category • Results in: Strains, sprains, injury to ligaments, back injury, abdominal hernias, etc.

  38. 3. Machinery / Equipment • Anything with moving parts where body parts can get caught

  39. 4. Work Environment Noise • Excessive can be harmful • Continuous can be stressful • Can cause distraction Air • May contain hazardous substances • May be temperature of air Light • Poor lighting can cause discomfort and damage to vision • Poor lighting may hinder safe procedures • Glare, flickering, etc can be stressful

  40. 5. Psychological hazards • Stress (from unreasonable work demands or poorly handled job allocations) • Bullying • Repetitive work 6. Biological hazards • Infectious organisms (virus/bacteria) • needle-stick injury • Animal – (zoonoses) – e.g. ringworm • Bites/stings • Office/IT workers – terrorist threats 7. Energy • Electricity

  41. How can we identify hazards in the workplace? • Inspection (audit) • Consultation (with workers) • Task analysis • Fault tree (analysis via a diagram) • Research (MSDS’s, instruction manual, etc) • HAZOP (Hazard & operability study) • The 5 whys (especially after an incident)

  42. Reporting a hazard Remember that you have a duty towards a safe work environment too – so any hazard must be reported. How it is reported will depend upon your workplace OHS procedures WH&SQ provide forms that can be used. (Access these from website)

  43. What do we mean by RISK? • Risk is the likelihood [or chance] of the identified hazard causing harm • Consider the severity of the consequences • consider the degree of exposure a person has to the hazard • By considering all of these things we ‘Rank the Risk’ Interesting area:

  44. Risk Assessment

  45. Controlling the risk The term ‘control’ means taking measures to either eliminate or reduce the risk “fixing the problem”

  46. Hierarchy of Controls: interesting area Most Effective Least Effective

  47. No matter what control is used it must: • Adequately control the risk • Not create another hazard • Let the workers do their job without discomfort or distress

  48. The Risk Management Process

  49. Consequences of not following the Risk Management Process: • Human consequences • Financial consequence • Legal consequences Costs Direct: medical expenses, repairs to equipment, increased insurance premiums Indirect: pain/suffering, reduced morale/reduced productivity, damaged reputation

  50. When considering WH&S in an office: • Job design • Staffing • Work schedules • Lighting • Noise • Temperature • Furniture • Accessories • Hard/software • Unique characteristics

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