Introduction to the WHS framework and the WHS Regulations

1. Introduction to the WHS framework and the WHS Regulations

2. Model Work Health and Safety Framework WHS Act WHS Regulations Codes of Practices Australian Standards Industry Standards Guidance Material WHS Act s274-275

3. Model Work Health and Safety Framework Model WHS Framework Model WHS Act and model WHS Regulations supported by National Codes of Practice Mirrored by State based WHS Act, WHS Regulations Territory based WHS Act, WHS Regulations Commonwealth WHS Act, WHS Regulations

4. Risk management being referenced both within a separate section and within chapters, and the focus is on the safety outcome rather than the process, so that a written risk assessment may not be required in all situations. Licensing of asbestos assessors. Definitions and terminology e.g. confined spaces, falls, major incident at major hazards facility, safety data sheets. Key changes under the WHS Regulations WHS Regulations

5. Removal of licensing for some classes of equipment A new class of license for reach stackers Changes in requirements for demolition work Expanded provisions for remote and isolated workers Changes in record keeping requirements Significant role of Codes of Practice in providing information to help determine what would be considered ‘reasonably practicable’ in eliminating or controlling hazards. Key changes under the WHS Regulations WHS Regulations Chapters 2- 8

6. WHS Regulations - Content - • Chapter 1: Definitions and administrative matters • Chapter 2: Representation and Participation • Chapter 3: General Risk and workplace management • Chapters 4, 5 and 6: Hazardous work; Plant and Structures; and Construction • Chapter 7 and 8: Hazardous chemicals and Asbestos • Chapter 9 and 10: Major Hazards Facilities and Mines (under development) • Chapter 11: General matters including review, exemptions etc. • Schedules 1 to 18: Specific requirements and • Appendix: Jurisdictional notes. WHS Regulations

7. WHS Regulations - General Structure of Chapters - May include: • definitions and new terminology • obligations – duties of various parties • control of risks - when elimination is not possible • specific hierarchy of controls where applicable • review requirements • emergency plans • training, instruction and information and • record keeping requirements. WHS Regulations Chapters 2 - 10

8. Chapter 2 Representation and Participation

9. Representation and Participation Additional requirments under the WHS: • Key changes in consultation terms • Requirements for negotiation of workgroups • Election, training and removal of HSRs • Issue resolution – the default procedure Codes of practice Work Health and Safety Consultation, Cooperation and Coordination WHS Regulations Chapter 2

10. OHS Representative OHS Committee Authorised representatives Key changes in consultation terms Current OHS WHS WHS Role • Health and Safety and Representative (HSR) • Deputy HSR (new role) • Health and Safety Committee (HSC) • WHS entry permit holder • Specific WHS issues, issue PINs, direct unsafe work to cease • Same as for HSRs • Whole workplace WHS, policy and procedures • Consult with workers and PCBUs, inspect, warn, assist inquire WHS Act Part 5 - 7

11. Work groups must be negotiated and determined in a way that: Effectively and conveniently allows the health and safety interests of workers to be represented; and Takes into account accessibility to the elected HSR. Determination of Work groups What factors should be taken into account when determining workgroups? WHS Regulations Chapter 2 Part 2.1

12. WHS Regulations require that additional matters be taken into account: views of workers in relation to the determination and variations of workgroups; number and grouping of workers carrying out similar work; the extent to which workers must move from place to place at work; the diversity of workers; the nature of the hazards and risks at workplace; the nature of engagement e.g. as a contractor; times at which work is undertaken; and arrangements for overtime or shift work. (see Fact Sheet: Representation and Participation for additional requirements) Negotiation of Work groups WHS Regulations Chapter 2 Part 2.1

13. Procedures for election of HSRs All workers of the work group must be given an opportunity to nominate and vote in the election. The PCBU and workers of the work group must be advised of the election and the results of the election. Removal of a HSR The majorityof members of a work group may remove a HSR by making a written resolution that the HSR should no longer represent their workgroup. Training for HSRs A HSR is entitled to attend: an initial 5 day course; and an annual refresher course. HSRs - Election, training and removal WHS Regulations Chapter 2 Part 2.1

14. Issue Resolutionunder WHS legislation Issue resolution process applies to unresolved WHS issues PCBUs to consult, create, communicate and utilise issue resolution procedures The default procedure of the WHS Regulations is to be used Where an issue resolution procedure is not in place WHS Regulations Chapter 2 Part 2.2

15. All parties to be informed there is an issue to be resolved and the nature and scope of the issue; The involved parties meet or communicate to resolve the issue; Certain matters to be taken into account (see Fact Sheet 2); Any party involved in the issue to be represented or assisted by a nominated person if they choose to do so; The details of the issue and its resolution to be put in writing to the satisfaction of all parties involved in the issue where requested; A copy of the written agreement to be given to: parties to the issue (e.g. unions, employer organisations); and if requested, the workplace’s health and safety committee. Issue Resolution Default Procedure WHS Regulations Chapter 2 Part 2.2

16. Chapter 3 General Risk and Workplace Management

17. General risk and workplace management Topics • Managing risks to health and safety (including maintenance and review) • Training, information and instruction • Workplace facilities (previously referred to as amenities) • First Aid and Emergency Plans • Remote or isolated work • Personal Protective Equipment (PPE) • Airborne contaminants, hazardous atmospheres and storage of flammables and combustibles • Falling objects • Related Codes of Practice include: • How to manage work health and safety risks • Managing the work environment and facilities Codes of practice WHS Regulations and Codes of Practice

18. Managing Risks to Health and Safety • The current requirements and steps involved in managing risks to health and safety have been retained in the new WHS Regulations. A PCBU who has a duty under the WHS Regulations is required to manage risks to health and safety (e.g. manufacturer, person conducting a business or undertaking, supplier) • This includes complying with any special requirements for the management of risks outlined in the WHS Regulations such as: • not exceeding an exposure standard (e.g. noise) • implementing a specific control measure (e.g. fall protection) • assessing a risk (e.g. risks associated with a confined space). Detailed requirements are described in the Code of Practice WHS Regulations Part 3.1

19. Managing Risks to Health and Safety Identify Hazards that are a potential risk to health and safety As far as is reasonably practicable Eliminate risk Consultation As far as is reasonably practicable Minimise risk Maintain controls Review controls WHS Regulations Part 3.1

20. Hierarchy of controls Where elimination is not reasonably practicable, risks to health and safety are to be minimised using controls in the following order (a combination of controls may be used): Highest Level of Protection Lowest Level of Protection WHS Regulations Part 3.1

21. Duty to review A duty holder is required to review and, as necessary, revise control measures when: • a risk control measure fails to control the risk (e.g. as determined by monitoring or a notifiable incident occurs); • a change in the workplace or work systems occurs that is likely to give rise to a new or different risk; • consultation indicates a review is required; or • a HSR requests a review (a new requirement) i.e. when • any of the above occurs that affects/may affect a member of the HSR’s workgroup; and • the PCBU hasn’t adequately reviewed the measures in response to that circumstance. WHS Regulations Part 3.1

22. General workplace management The WHS Regulations requirements are either, in relation to current requirements: • Similar with some additional requirements e.g. • Training, information and instruction • Workplace facilities (previously referred to as amenities) • Falling objects • Personal Protective Equipment (PPE) • Storage of flammables and combustibles • Emergency Plans • Less prescriptive e.g. First Aid, airborne contaminants and hazardous atmospheres (additional information is provided in supporting Codes of Practice and other information) or • Additional e.g. Remote or isolated work WHS Regulations Chapter 3 Part 3.2

23. Training, information, instruction and supervision Training, information and instruction provided by the PCBU to workers is to be: • suitable, adequate; and readily understandable; having regard to: • the nature of the work carried out by the worker; • the nature of the risks associated with the work; and • implemented control measures. Specific supervision requirements are included e.g.: • direct supervision for high risk work; and • where hazardous substances exist in the workplace. WHS Regulations Chapter 3 Part 3.2

24. General workplace management Changes in relation to the duties and requirements include: General workplace facilities • Requirements apply to both normal andemergency conditions; and • Specific mention of glare and reflection is removed. First Aid • First aid kit type and content; and • Requirements for first aid facilities will be covered under a Code of Practice. Emergency Provisions • Emergency provisions require the PCBU to ensure preparation and maintenance of an Emergency Plan specific to the workplace (see slide 12). WHS Regulations Chapter 3 Part 3.2

25. First Aid The PCBU must provide for First Aid including: First aid equipment and access to the equipment • First aid kit type and content and content of first aid facilities is no longer specified in the WHS Regulations • Factors to consider: • Nature of the work • Nature of workplace hazards • Size and location • Number and composition of workers and others Facilities for first aid administration Adequate number of workers trained in first aid, OR Access to adequate number of trained others to provide first aid WHS Regulations Chapter 3 Part 3.2

26. Emergency plans The PCBU must provide an Emergency Plan that includes: • Emergency procedures including: • emergency response • evacuation procedures • early notification to emergency services • medical treatment and assistance • effective communication between the PCBU’s emergency co-ordinator and all persons • Factors to consider: • Nature of the work • Nature of workplace hazards • Size and location • Number and composition of workers and others Testing of procedures Information, training and instruction for workers in emergency procedures WHS Regulations Chapter 3 Part 3.2

27. General workplace management Changes in relation to duties and requirements include: REMOTE AND ISOLATED WORKERS • A PCBU is required to ensure risks to health and safety of isolated or remote workers are eliminated or minimised with adequate controls, including communication (see Fact Sheet 3 for additional information) PERSONAL PROTECTIVE EQUIPMENT • Duties of PCBUs, workers and other person in relation to PPE The PCBU who directs the work is required to: • provide PPE to workers (unless provided by another PCBU) that is a suitable size and fit, and is reasonably comfortable; and • ensure the PPE is suitable to control risks associated with the work and is used or worn (includes ‘other persons’ using PPE). WHS Regulations Chapter 3 Part 3.2

28. Personal Protective Equipment (PPE) • Duties of workers: • To use the PPE according to the information, training and instruction provided; • Not intentionally misuse or damage the equipment; and • Inform the PCBU of any damage, defect or need to clean/sterilise the equipment. • Duties of others: • Persons other than workers must use any PPE provided by a PCBU according to the information, training and instruction given e.g. visitors to a workplace. WHS Regulations Chapter 3 Part 3.2

29. General workplace management • Changes in relation to duties and requirements include: Airborne contaminants • Specifics for various substances have been removed. Hazardous Atmospheres in the workplace • Risks associated with hazardous atmospheres due to the presence of flammable or combustible substances are to be managed. • Ignition sources in a hazardous atmosphere (except those associated with a deliberate process or activity) are to be managed. • Flammable or combustible substances to be kept to the lowest practicable quantities. • Falling objects • A PCBU is required to minimise risks from falling objects by providing adequate protection by preventing the object from falling or arresting its’ fall. • A previous provision using PPE as a control has been removed. WHS Regulations Chapter 3 Part 3.2

30. Chapter 4 Hazardous Work

31. Hazardous Work Requirements for hazardous work under the WHS Regulations: • Noise - exposure standard remains the same; additional monitoring requirement; • Hazardous Manual Tasks - previously referred to as manual handling; requirements remain largely unchanged; • Confined Spaces - different meanings; signage, recording and communication requirements have changed; and • Falls - the hierarchy of controls and record keeping requirements are specified. Related Codes of Practice include: Managing Noise and Preventing Hearing Loss at Work Hazardous Manual Tasks Confined Spaces How to Prevent Falls at Workplaces WHS Regulations Chapter 4

32. Noise A PCBU must ensure that a worker is not exposed to noise that exceeds the exposure standard (unchanged): • the equivalent of 8 hours continuous exposure to 85dB(A); or • a peak of 140dB(C) A PCBU must implement control measures as per general risk management requirements. Where a worker is frequently required to wear PPE, the PCBU must now provide audiometric testing for the worker: • within 3 months of the start of work; • in any event at least every two years. WHS Regulations: Regulations 56-59

33. Hazardous Manual Tasks - Definitions - Hazardous Manual Tasks are tasks that involve: • Repetitive or sustained movements • High or sudden force • Repetitive force • Sustained or awkward posture • Exposure to vibration Musculoskeletal disorder (MSD) is an injury to, or disease of, the musculoskeletal system (bones, muscles and joints) that may occur suddenly or over time. It does not include injuries resulting principally from mechanical operation of plant e.g. cutting, crushing. WHS Regulations: Regulations 60-61

34. Hazardous Manual Tasks Duties: A PCBU is required to manage the risk of a ‘musculoskeletal disorder’ arising from a hazardous manual task. Control measures: When deciding on control measures, the PCBU needs to take into account: • Postures, movements, forces and vibrations related to the task • Duration and frequency of the task; • Workplace environmental conditions that may affect the task or the worker performing it; • Design and layout of the work area; • Systems of work being used; • Nature, size, weight or number of persons, animals or things involved in the task. WHS Regulations: Regulations 60-61

35. Falls Management of Risk of Falls A situation that exposes a worker while at work, or another person at or near the workplace, to a risk of a fall from one level to another that is ‘reasonably likely’ to cause injury. Duties A PCBU is required to identifyall fall hazards associated with the business or undertaking. What measures could be used to control the risk of a fall? Which are considered the most effective controls and why? WHS Regulations: Regulations 78-80

36. Falls Risk Control Measures (the hierarchy of controls is now clearly specified) A PCBU must ensure that, as far as reasonably practicable, work involving the risk of a fall is carried outon the groundor on solid construction. If it is not reasonably practicable to eliminate the risk of a fall, the PCBU must provide adequate protection against the risk of a fall, by providing safe systems of work including (in descending order): • Use of a fall prevention device (e.g. guard rails); or • Use of a work positioning system (e.g. EWP); or • Use of a fall arrest system (e.g. harness) if 1 and 2 are not reasonably practicable. The use of these controls should include training, procedures, permit systems and signage as required. WHS Regulations: Regulations 78-80

37. Falls Emergency procedures – where a fall arrest system is implemented, a PCBU must: • Establish emergency and rescue procedures for the rescue of persons; • Test the procedures to ensure effectiveness; • Provide adequate information, training and instruction in emergency and rescue procedure to workers. WHS Regulations: Regulations 78-80

38. Electrical Equipment Unsafe Equipment under the WHS Regulations must: • be disconnected (or isolated) from its electricity supply; and • once disconnected (or isolated): • not reconnected until it is repaired or tested and found to be safe; or • replaced or permanently removed from use. Changes in testing and inspection: A PCBU is required to regularly have electrical equipment inspected and tested by a competent person if: • supplied with electricity through an electrical socket; and • the equipment is exposed to conditions that are likely to cause damage or a reduction in its expected life span, including exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust. Records of this testing can be in the form of a tag attached to the electrical equipment tested. Equipment that requires testing and is not tested, is not to be used. WHS Regulations: Chapter 4

39. Chapter 7 Hazardous Chemicals Asbestos and Major Hazard Facilities

40. Hazardous Chemicals • Classification and exemptions • Packing, storage and handling systems • Information - labelling, registers, manifests and placards • Control of risks including spills and emergency plans • Health monitoring • Induction, training, information and supervision • Specific requirements – Lead, Asbestos and Major Hazard Facilities Labelling of Workplace Hazardous Chemicals Preparation of Safety Data Sheets for Hazardous Chemicals WHS Regulations: Chapter 7, 8 and 9

41. Hazardous Chemicals - Classification - Classification of hazardous substances is now based on the international GHS* published by the United Nations and includes hazardous chemicals and dangerous goods. Substances now exempt from the requirements of WHS Regulations include: • Hazardous chemicals in batteries that are incorporated in plant; • Fuel, oils and coolants fitted in equipment intended for its operation; • Fuel contained in a portable fuel burning item not exceeding 25 litresor 25 kgs; • Hazardous chemicals in portable firefighting or medical equipment; • Hazardous chemicals that are part of freight refrigeration systems; and • Potable liquids that are consumer products at retail outlets. * GHS - Globally Harmonised System of Classification and Labelling of Chemicals WHS Regulations: Chapter 7

42. Packing storage and handling systems Packing Containers used to package hazardous chemicals are required to be: • in sound condition and made of compatible material; • able to safely contain the material for the time required; and • not usually used, or could be mistaken for, containing food. Storage and handling systems PCBU’s are required to ensure where systems are used for the use, handling or storage of hazardous chemicals: • it is only used for its intended purpose; • it is operated, tested, maintained, installed, repaired and decommissioned with regard to the health and safety of workers; and • information, training and instruction is given to a person who operates, tests, maintains or decommissions the system. WHS Regulations: Chapter 7

43. Hazardous Chemicals - Information- Safety Data Sheets (previously referred to as MSDS) – see Fact Sheet • Content is now prescribed in the WHS Regulations. Labelling • Specific requirements exist for general, small containers, waste products, etc (see Schedule 9: Part 3); • Decanted substances must now be labeled if not to be used immediately (previously within 12 hours) or if given to someone else; • Requiresproduct identifier, Australian contacts and ahazard pictogram or hazard statement (new wording) and chemical expiry date. Hazardous Chemical Registers • Safety Data Sheets are to be included and the SDS Register maintained; • A notation in the register is no longer necessary when a risk assessment for a hazardous chemical is not required. WHS Regulations: Chapter 7

44. Hazardous Chemicals - Information- Placards and manifests: • now align with the classification and requirements of the GHS; • the number of items covered has greatly increased; and • threshold quantities have increased, decreased or remained the same. Placarding • similar to current requirements with wording changed to reflect the GHS e.g. reference to goods too dangerous to be transported changed. Manifests • similar to current requirements and are to include the after hours contact details of 2 persons in case of an incident. Safety Signs • do not include placards • must be displayed next to the hazard and be clearly visibile, warn of particular hazards and state the responsibilities of a particular person. WHS Regulations: Chapter 7

45. Hazardous chemicals - Controlling and reviewing risks - WHS Regulations now specify factors to consider when assessing risks and when risks are to be reviewed. Note: The requirement to record an incident investigation to determine the cause/likely cause of a dangerous goods incident (except in relation to major hazard facilities) has been removed. WHS Regulations: Chapter 7

46. Hazardous chemicals - Controlling Risks - WHS Regulations: Chapter 7

47. Hazardous Chemicals - Health monitoring - Key points include: • Health monitoring (previously health surveillance) still covers the same hazardous chemicals; is required for all exposed workers and includes some additional types of monitoring. • Information about monitoring requirements must be given to persons who may be exposed prior to starting work. • Health monitoring report content is now stipulated including results and advice. • A copy of the report is to be provided, by the PCBU commissioning the health monitoring, to all other PCBUs required to provide the health monitoring. WHS Regulations: Chapter 7

48. Hazardous Chemicals - Key requirements - Supervision • is now specifically required to protect workers whose work activities are likely to expose them to a hazardous chemical; and • must be suitable and adequate having regard to: • nature of the risk associated with the hazardous chemical; and • the information, training and instruction required i.e. relevant to the nature of the risk and the required controls. Prohibited and restricted carcinogens • use, handling and storage remain subject to stringent conditions; and • additional information is required in the application to WorkCover for use. Restricted hazardous chemicals • are listed in Schedule 10 WHS Regulations - changed from prohibited use; • include restricted use, handling or storage of PCBs to certain situations e.g. in existing electrical equipment or construction material. WHS Regulations: Chapter 7

49. Chapter 9 WHS Regulations Course - Summary and Review -

50. Key changes Review Question 1 What are some of the key changes to current NSW OHS legislation resulting from the introduction of WHS legislation?