PYP Programme Unit 16 Work Health and Safety Prepared by Rob Dawson – QIBA October 2013.

1. PYPProgramme Unit 16 Work Health and Safety Prepared by Rob Dawson – QIBA October 2013.

2. Background • A process of harmonising OH & S laws commenced in the ‘80’s. • Development of ‘Codes of Practice’. • Importance of harmonised laws recognised by COAG. • 2008 all States & Territories agreed the use of model legislation as a way of achieving harmonisation.

3. Process sets out principals for co-operation for model legislation. • Enforcement by the end 2011. • WHS aims to provide all workers with a standard of health & safety across Australia. • Greater certainty for business. • Reduced compliance costs.

4. The WHS Act aims to: • protect the health & safety of workers & other people by eliminating or minimising risks in the workplace. • ensure fair & effective representation, consultation, cooperation to address & resolve health & safety in the workplace . • encourage unions & employer organisations to take a constructive role in improving work health & safety practices.

5. The WHS Act aims cont…. • assisting businesses & workers to achieve a healthier & safer working environment . • promote information, education & training on work health & safety . • provide effective compliance & enforcement measures. • Deliver continuous improvement and progressively higher standards of work health and safety’.

6. The WHS Act aims to: • protect the health & safety of workers & other people by eliminating or minimising risks in the workplace. • ensure fair & effective representation, consultation, cooperation to address & resolve health & safety in the workplace . • encourage unions & employer organisations to take a constructive role in improving work health & safety practices.

7. Codes of Practice • Provide practical ways on how to meet the standards established in the WHS Act. • WHS Act recognises there are better ways of achieving higher outcomes. • Codes of Practice are minimum standards that must be adhered to.

8. Case Study 1 Case Study 1.docx • Discuss managements role in WHS. • What were the main failures that caused the accident? • Did the workers have a responsibility to ensure that the work site was safe? • What procedures should be in place to prevent accidents?

9. Reasonably Practicable • A guiding principle of the WHS Act is that all people are given the highest level of health and safety protection from hazards (See Attachments 3-9 Types of hazards) arising from work, so far as is reasonably practicable. • The term ‘reasonably practicable’ means what could reasonably be done at a particular time to ensure health and safety measures are in place.

10. When determining what is reasonably practicable, there is a requirement to weight up all relevant matters including; • the likelihood of a hazard or risk occurring (in essence the probability of a person being exposed to harm) • the degree of harm that might result if the hazard or risk occurred (in essence the potential seriousness of injury or harm)

11. Reasonably practical cont… • what the person concerned knows, or ought to reasonably know, about the hazard or risk & ways of eliminating or minimising it, • the availability of suitable ways to eliminate or minimise the hazard or risk, & • the cost of eliminating or minimising the hazard or risk. • Interpretive guideline - reasonably practicable.pdf

12. Costs • Costs may only be considered after assessing the extent of the risk & ways of minimising or eliminating it. • Ordinarily cost will not be the key factor in determining what it is reasonably practicable for a duty holder to do unless it can be shown to be ‘grossly disproportionate’ to the risk.

13. WHS Act covers the following people; • who carry out work in any capacity for a person conducting a business or undertaking including employees, contractors, subcontractors, self-employed people, outworkers, apprentices, trainees, work experience students and volunteers who carry out work. • Other people like customers and visitors.

14. Duties of a PCBU • WHS Act requires that a PCBU ensures the health & safety of workers while at work so far as reasonably practicable. • This means workers that are engaged or are caused to be engaged by the PCBU and workers whose worker is directed or influenced by the PCBU in the execution of their work.

15. Up Stream Duty of Care of a PCBU • the provision &maintenance of a working environment that is safe & without risks to health, including safe access to & exit from the workplace • the provision & maintenance of plant, structure and systems of work that are safe & do not pose health risks. (Give an example?)

16. Up Stream Duty of Care of a PCBUCont… • the safe use, handling, storage & transport of plant, structure and substances. (Example?) • the provision of adequate facilities for the welfare of workers at work. (Example?)

17. PCBU Duty of Care cont… • the provision of information, instruction, training or supervision to workers needed for them to work without risks to their health and safety and that of others around them • that the health of workers and the conditions of the workplace are monitored to prevent injury or illness arising out of the conduct of the business or undertaking, and • the maintenance of any accommodation owned or under their management and control to ensure the health and safety of workers occupying the premises.

18. PCBU Duty of Care cont… • A PCBU has further duties in that it is said that the PCBU can influence the design of products, plant, structures or substances and influence the safety and how they are used in the work place. • The PCBU has a great responsibility to ensure that the Act is complied with and is responsible for notifying authorities once it has become known that a serious incident has occurred.

19. PCBU Duty of Care cont… A PCBU must consult with workers and take into account their views on; • hazards and assessing risks arising from work • identifying proposing changes that may affect the health and safety of workers, and • whenever specifically required to do so under particular regulations

20. A PCBU must consult with workers and take into account their views on; • and when considering making decisions about: • ways to eliminate or minimise risks • the adequacy of facilities for workers’ welfare at work • procedures for consulting with workers • procedures for resolving health and safety issues • procedures for monitoring the health of workers or workplace conditions, and • how to provide health and safety information and training to workers.

21. Regulator & Enforcement Regulators have a broad range of functions including to: • monitor and enforce compliance with the WHS Act and WHS Regulations • provide advice and information on work health and safety to duty holders and the community • foster a cooperative, consultative relationship between duty holders and the people to whom they owe work health and safety duties, and their representatives • promote and support education and training on matters relating to work health and safety

22. Regulators have a broad range of functions including to: • engage in, promote and coordinate the sharing of information to achieve the object of the WHS Act, including the sharing of information with other work health and safety regulators • conduct and defend legal proceedings under the WHS Act • collect, analyse and publish statistics relating to work health and safety, and • promote public awareness and discussion of work health and safety matters in the community

23. Offences and Penalties The WHS Act provides for three categories of criminal offences for breach of health and safety duties. • Category 1 – a duty holder, without reasonable excuse, engages in conduct that recklessly exposes a person to a risk of death or serious injury or illness. • Category 2 – a duty holder fails to comply with a health and safety duty that exposes a person to risk of death or serious injury or illness. • Category 3– a duty holder fails to comply with a health and safety duty.

24. Penalties

25. Persons not liable under the WHS Act • Volunteers are not liable for a failure to comply with a health and safety duty except in their capacity as a worker (section 28) or other person at a workplace (section 29). • Volunteers are not liable for a failure to comply with a health and safety duty except in their An unincorporated association is not liable for prosecution although its officers (except volunteers) may be prosecuted for a failure to comply with an officer’s duty (section 27). Its members may owe duties in their capacities as workers (section 28) or other persons at a workplace (section 29).

26. Persons not liable under the WHS Act • Volunteers are not liable for a failure to comply with a health and safety duty except in their An unincorporated association is not liable for prosecution although its officers (except volunteers) may be prosecuted for a failure to comply with an officer’s duty (section 27). Its members may owe duties in their capacities as workers (section 28) or other persons at a workplace (section 29).

27. Responsibility • As a person who enters the workforce it is your responsibility to ensure that people that you are supervising or working with have the appropriate training and credentials to work in the area they are working and operate equipment.

28. SDS What is a safety data sheet? • A safety data sheet (SDS), previously called a Material Safety Data Sheet (MSDS), is a document that provides information on the properties of hazardous chemicals, how they affect health and safety in the workplace and, on how to manage the hazardous chemicals in the workplace. For example it includes information on the identity, health and physicochemical hazards, safe handling and storage, emergency procedures and disposal considerations.

29. What are the duties in relation to the preparation of safety data sheets? • Manufacturers and importers of hazardous chemicals have duties under the WHS Regulations to provide current information about the hazardous chemical in the form of an SDS.

30. Globally Harmonised System of Classification and Labelling of Chemicals • This system is called the Globally Harmonised System of Classification and Labelling of Chemicals (the GHS). The GHS is an internationally agreed system designed to harmonise the diverse systems of classification and hazard communication currently in use throughout the world. Many countries including some of Australia’s major trading partners have already adopted this system or are in the process of doing so.

31. Class Assessment 1 Definitions; • Duty Holder • Health & Safety Committee (HSC) • Health & Safety Representative (HSR) • Officer • Person conducting a business or undertaking (PCBU). • Plant

32. Class Assessment 1 Cont.; • What are the aims of WHS? • What are Codes of Practice? • What is a ‘Duty of Care’ and who does it apply to? • What is meant be the term ‘Reasonably Practical’?

33. Class Assessment 1 Cont.; • What is an SDS? • What purpose do they serve? • What type of information is contained in them? • In what circumstances would you have and or be required to use an SDS? And are they applicable in every business? Attachment 12 WHS SDS.pdf

34. Safe Work Methods Statement (SWMS) The purpose of a work method statement is: • to outline a safe method of work for a specific job • to provide an induction document that workers must read and understand before starting a job • to meet legal requirements, that is, hazard identification and control • to program work, materials, time, staff, and to anticipate possible problems • to use as a tool in quality assurance. Attachment 14 SWMS- Baulderstone.docx

35. Remember that a work method statement is part of a site safety plan. This plan should include: • Induction Training • Register of Hazardous Substances • Work Method Statement • OHS Procedures • Responsibilities Flow Chart • Rehabilitation Policy. (See Attachment 13)

36. Information - Case Study 2 • What is the purpose of a SMWS? • Is it a requirement? • What should it cover? • What needs to be borne in mind when writing a SWMS? • Explain the final process that is required before a SWMS is valid? Please note this will be part of your assessment in Case Study 2.

37. Workers Compensation • Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain".

38. Class Assessment 2 • What is the purpose of Workers Compensation? • What does it cover? • There have been attempts to reduce the cost of Workers Compensation insurance over the years. Do you think this has been successful? Can you identify or have an opinion on the success or failures of the Workers Compensation Acts?

39. Bullying and Harassment • Refer to Unit 15. • Some types of workplace bullying are criminal offences. If you have experienced violence, assault and stalking you can & should report it to the police. • Individuals & organisations have responsibilities under the WHS Act in relation to Bullying and Harassment of any kind.

40. 2022 WHS outcomes, targets, progress and reporting The Australian Strategy sets out four outcomes to achieve the vision of healthy, safe and productive working lives by 2022: • reduced incidence of work-related death, injury and illness, achieved by • reduced exposure to hazards and risks, using • improved hazard controls, and supported by • an improved national work health and safety infrastructure.

41. How to respond appropriately and professionally • It is important that people recognise the responsibility they have under the WHS legislation as it effects everyone in the workplace, no matter whether you are an employer or an employee. The consequence for failing to take the appropriate steps to ensure that the WHS Act is complied with can be quite onerous.

42. How do I achieve best practice? • Ensure that then appropriate procedures manuals are in place and updated regularly. • Ensure they all personnel have the appropriate training to carry out the tasks they have been assigned. • Ensure that everyone is aware of the organisation policies and procedures and receive the appropriate training.

43. How do I achieve best practice? Cont…. • Ensure that all documentation is up to date and followed. • Ensure that in the event unforeseeable circumstances arise that appropriate procedures are followed. • ENSURE THE APPROPRIATE MEASUREMENTS ARE IN PLACE AND MONITORING PROGRAMS.

44. Case Study 2 Case Study 2.docx • Discuss the case study • What are the main facts? • Do you think Essential Energy has a ‘duty of care’ as a PCBU under the WHS Act?

45. Case Study 2 Cont… Case Study 2 - Decision.docx • Do you agree with the Decision of IRC? • Discuss • Discussion should cover; • Case background • Procedures & policies • Participation & duty of care • SWMS • Actions, monitoring & implementation • Training • Records keeping • Hazard ID • Work area & responsibility

46. Remember WHAT WE DON’T MEASURE WE DON’T MANAGE.