Prepared by Simone Khiralla

History of Safety management

Safety management practices have changed significantly over time

First age of Safety Management ( the Technology) Industrial Revolution in 1750-1760

Second age of Safety Management (the Human) ‘if the human is safe, then we will be safe’

Third age of Safety Management (the Organisation) This view continued until accidents such as the 2003 Columbia

Space Shuttle disaster. (‘systems fail in complex ways’)

Fourth age of Safety Management the Systems/Holistic age

Understanding Accident Causation

The old model defines accident as the failure in coordination of three systems i.e. man, machine and environment.

This definition has a limited view of accident causality, as it ignores the work system factors and their interactions which generate the hazard and shape the work behaviours.

• Error as a systems failure• Human error as a consequence of hidden conditions existing throughout the

system.

Therefore, Accidents as per system thinkers are not just the result of single broken components or badly performing humans, but rather a complex concatenation of a host of factors.Prevention depends upon an understanding of the organisational factors that provoked the error.

Slips/Trips/Falls

Confined Spaces

Fragile roofing

Plant

Psychological Health

Hazardous substances

Manual Handling

Work Health and Safety

(WHS) Act & RegulationsAnd Codes

STOP OR CHANGE THE ACTIVITY, PRACTICE OR PROCEDURE

ELIMINATE RISKS (so far as is reasonably practicable)

MINIMISE RISKS (so far as is reasonably practicable)

SUBSTITUTE WITH SAFER ALTERNATIVE

REDESIGN TO REDUCE RISK

ISOLATE PEOPLE FROM RISK

STOP USING OR CHANGE THE PRODUCT, PROCESS, PLANT OR SUBSTANCE

USE ENGINEERING CONTROLS

USE ADMINISTRATIVE PROCEDURES

USE PROTECTIVE CLOTHING / EQUIPMENT1

Work Health and Safety Framework

WHS Act WHS Regulations Codes of Practice Australian Standards Industry Standards Guidance Material • AS 4801 - Safety (OHS) Management

System• ISO 9001 - Quality Management System

Legislative FrameworkACT

Regulation

Codes of Practice

Australian Standards

Industry Standards

Guidance Materials

Function of the WHS Regulation

The most important function of the WHS Regulations is to specify the steps that are required for compliance with the general duties under the Act

What’s covered in the WHS Regulations

PRELIMINARYREPRESENTATION AND PARTICIPATIONGENERAL RISK & WORKPLACE MANAGEMENT

HAZARDOUS WORK

PLANT AND STRUCTURES

What’s covered in the WHS Regulations

CONSTRUCTION WORK

HAZARDOUS CHEMICALS

ASBESTOSMAJOR HAZARDOUS FACILITIES

MINES

GENERAL

What is the legal effect of Codes of Practice?

• Admissible in court proceedings under the WHS Act and Regulations

• May be relied on by courts as evidence of what is known about a hazard, risk or control and in determining what is reasonably practicable • Designed to be used in conjunction with the WHS Act and Regulations but do not have the same legal implications• WHS Act and Regulations may be complied with by following another method if it provides an equivalent or higher standard • An inspector may refer to an approved Code of Practice when issuing an improvement or prohibition notice

SOME PRIORITY CODES RELEVANT TO OUR INDUSTRY How to manage work health safety risksWHS Consultation, Cooperation & CoordinationManaging work environment and facilitiesManaging noise and preventing hearing loss at workHazardous manual tasksHow to prevent falls at workplacesPreparation of safety data sheets for hazardous chemicalsLabelling workplace hazardous chemicals

Codes of Practice and Guidance Material relevant to construction industry

First Aid in the Workplace Managing Risks in Construction Work

Managing Electrical Risks at the Workplace Welding and Allied Processes

Managing Risks of Hazardous Chemicals

Preventing and Responding to Workplace Bullying

Managing Risks of Plant in the Workplace

Preventing and Managing Fatigue in the Workplace

Safe Design of Building and Structures

Model WHS FrameworkModel WHS Act and WHS Regulations

supported by Codes of Practice

State WHS Act, WHS Regulations,Codes of Practice

Territory WHS Act, WHS Regulations,Codes of Practice

Commonwealth WHS Act, WHS Regulations,

Codes of Practice

Mirrored by

Work Health and Safety Framework

Model WHS Act - Object -

The main object of the model WHS Act is:

‘to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces’.

WHS Act s3

2011 ACT Key changes

Key changes to previous NSW OHS legislation includes: Work health and safety (WHS) terminology; The relationship between the employer and employee to the

broader relationship of ‘a person conducting a business or undertaking’ (PCBU) and a worker;

A broadening of health and safety duties; Consultation requirements for all duty holders; OHS Representatives and OHS Committees change to Health and

Safety Representatives (HSRs) and Health and Safety Committees (HSCs) with changed roles and functions;

Key changes

Risk management is focused more on the outcome than the process – a risk assessment may not be required in all situations;

Authorised representatives become WHS entry permit holders with increased functions;

A positive duty for ‘officers’ e.g. proactive safety activities; Enforcement measures; Changes as to when unions can prosecute.

Key changes in terms

1. Occupational Health and Safety (OHS)

2. Employer 3. Employee 4. OHS Representative5. OHS Committee6. Managers and directors

1. Work Health and Safety (WHS)

2. Person Conducting a Business or Undertaking (PCBU)

3. Worker (includes contractors, volunteers)

4. Health and Safety Representative

5. Health and Safety Committee

6. Officer

WHS Act s4

Important terms

Work Health and Safety - covers the concept of the health, safety and welfare of all persons who may be impacted by work activities. Health means physical and psychological health.

Safety requires the elimination or minimisation of hazards in the workplace that have the potential to cause harm.

Welfare includes the provision of facilities, protective clothing or equipment, rescue equipment and accommodation.

WHS Act s4

Key changes in terms

Employer

Employee

Person Conducting a Business or Undertaking (PCBU) - includes corporations, partnerships, labour hire businesses, associations, franchises.

A PCBU does not need to employ workers.

Worker - includes employees, contractors, volunteers, apprentices, outworkers, trainees and work experience persons.

WHS Act s4

Important terms

Key terms and definitions include: Person conducting a business or undertaking (PCBU). Worker Workplace Health and Safety Representative (HSR) Health and Safety Committee Officer ‘Reasonably practicable’

What is your ‘normal’ place of work? Do you ever work away from your work’s premises under a different business owner?

WHS Act s4

Important termsworkplace

Supply - includes a supply and a resupply of the thing by way of sale, exchange, lease, hire or hire-purchase, whether as principal or agent.

Design - includes original design, redesign or modification

Construct - includes assemble, erect, reconstruct, reassemble and re-erect.

As part of your work activities have you altered a piece of equipment or assembled a structure at work?

WHS Act s4

Persons with health and safety duties

Duties before 2011 Act: Employers Controllers of work

premises, plant or substances

Designers, suppliers and manufacturers of plant and substances

Self-employed persons Employees Directors and managers

Persons with duties under the WHS Act: PCBUs including manufacturers,

suppliers, importers or persons with management or control of workplaces, fixtures and fittings.

PCBUs who install, commission or construct plant, structures or substances.

Self-employed persons Workers Officers Others at the workplace

WHS Act s4

Health and Safety Duties

A person with a duty to ensure health and safety under the WHS Act is required to:

Eliminate risks to health and safety so far as is ‘reasonably practicable’.

Example: Removing the chemicals and using other methods to clean, such as water blasting.

Where elimination is not reasonably practicable, minimise those risks so far as is reasonably practicable.

Example: A cleaning chemical is still required but a safer substance is chosen for use. WHS Act s17-18

Health and Safety Duties

‘Reasonably practicable’ is based on:

Likelihood of the hazard

or risk occurring

Level of harm from exposure to the hazard

What is known about the hazard or

risk

What is known about how to eliminate or

minimise the risk

Whether the cost

of eliminating or minimising the risk

far exceeds the risk

Availability and suitability of

ways to eliminate or minimise

WHS Act s18

Health and Safety Duties

- PCBUs -PCBUs have a ‘primary duty of care’ to ensure, so far as is reasonably practicable, the health and safety of:

workers engaged directly or indirectly by the PCBU; workers whose work activities are influenced or directed by the PCBU; and other persons present where work activities are being conducted.

What might the PCBU have to do to meet this duty of care?WHS Act s19

Health and Safety Duties

- PCBUs - Duties of PCBUs to meet this primary duty of care includes provision of:

Safe work environments Safe systems of work Safe plant and structures Safe substances Facilities Information, instruction, training and supervision Monitoring of workers’ health and workplace conditionsWorkers’ accommodation (an additional requirement) where provided/required for work.

WHS Act s19

PCBUs

Health and Safety Duties- PCBU -

PCBUs involved in the:

Management or control of workplaces – including the means of entering and exiting the workplace

Management or control of fixtures, fittings or plant have a duty to eliminate or minimise risks to health and safety (i.e. a primary duty of care) over the matters they control in relation to these workplaces, fixtures, fittings or plant.

WHS Act s20-21

Health and Safety Duties- PCBU -

PCBUs also have a ‘primary duty of care’ to ensure health and safety where they are involved in the:

Design Manufacture Import Supply Installation, commission or construction

of plant, substances and structures.

This includes assembly, use, handling, storage, disposal, provision of current relevant information etc.

WHS Act s22-26

Who is PCBU?

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 is unincorporated, each partner is a person conducting the business or undertaking of the partnership 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

Health and Safety Duties- Officers -

Duty of Officers

Officers of the PCBU are required to exercise ‘due diligence’ to ensure the PCBU complies with their duties and obligations.

Who are ‘officers’ in your workplace? What might they have to do to show they are using ‘due diligence’?

WHS Act s27

Due Diligence: Health and Safety

‘Due diligence’ means taking care & reasonable steps:to gain and update knowledge of work health and safety in understanding the operations and the general hazards/risks for appropriate resources to eliminate/minimise risks in managing information about incidents, hazards and risksto implement processes to comply with duties (e.g. reporting notifiable incidents, consultation, provision of training)to verify that resources and processes have been provided, and their use. WHS Act s27(5)

Duties of workers

Workers, as defined under the WHS Act, are required to: Take reasonable care for their own health and safety Take reasonable care to ensure acts/omissions do not adversely

affect others health and safety Comply with reasonable instructions from the PCBU Co-operate with policy or procedures of the PCBU

What might you have to do as a worker to meet these duties?WHS Act s28

Right to cease unsafe work!

Workers have the right to cease or refuse to carry out work if:

they have a reasonable concern that the work would expose them to a serious risk to health and safety from an immediate or imminent exposure to a hazard.

A worker may also be directed to cease unsafe work by their Health and Safety Representative (HSR).

WHS Act s84-85

Duties of self-employed persons

Self-employed persons have: a duty to ensure their own work health and safety health and safety duties as a PCBU

How might a self-employed person ensure their own health and safety? For example, using electrical equipment that has been tested, tagged and checked before use.

WHS Act s19(5)

Other persons at the workplace

(e.g. visitor, shopper)Other persons at the workplace (an expanded duty under WHS Act)

Other persons at a workplace (e.g. visitor, shopper) have a duty to: take reasonable care for his or her own health and safety; take reasonable care that his or her acts or omissions do not

adversely affect the health and safety of other persons; and comply, so far as reasonably able, with any reasonable instruction

given by the PCBU to allow the PCBU to comply with their duties.WHS Act s29

key concepts of duties under WHS ACT!!

Other key concepts of duties under the WHS Act: A duty cannot be transferred to another person.

Example: A business owner cannot transfer duties to a supervisor. A person can have more than one duty.

Example: A person who conducts a business manufacturing and selling equipment for use at work.

More than one person can have a duty.Example: A contractor and the business owner of the workplace where the work is being done can have the same duties. WHS Act s14-16

Offences and penalties

A person commits an offence against the WHS Act under the following categories. Category 1 - Reckless conduct A person commits a Category 1 offence if they:

have a health and safety duty; and without reasonable excuse expose a person to a risk of death, serious

injury or illness; are reckless as to the risk of the individual of death or serious

injury or illness.WHS Act s31, s230-236

Health and Safety Duties

Category 2 - Failure to comply with health and safety dutyA person commits a Category 2 offence if: the person has a duty, fails in that duty and exposes a person to

death or serious injury or illness as a result of this failure.

Category 3 - Failure to comply with health and safety dutyA person commits a Category 3 offence if: the person has a health and safety duty and they fail to comply

with that duty.WHS Act s32 and s33

Penalties under the WHS Act

Failure to comply with Health and Safety duty

IndividualIndividual

conducting a PCBU or Officer of

a PCBU

Body Corporat

e

Category 1$300,000 or 5 years imprisonment or both

$600,000 or5 years imprisonment or both.

$3,000,000

Category 2 $ 150,000 $300,000 $1,500,000

Category 3 $50,000 $100,000 $500,000WHS Act s30-34

Slips/Trips/Falls

Confined Spaces

Fragile roofing

Plant

Psychological Health

Hazardous substances

Manual Handling

The common hazards likely to be found in most workplaces are considered to be:

• Electrical work• Falls• Hazardous manual tasks• Plant and Structures• Hazardous chemicals

What are common hazards?

Electrical Safety:Equipment and Installations

PCBU must•Ensure unsafe electrical equipment disconnected and repaired or replaced

•Inspect and test equipment (test and tag signs)

•Keep records of testing until next tested or permanently removed

•Work on energised electrical equipment is prohibited except in certain circumstances

• Must determine whether equipment is energised

•De-energised equipment must not be inadvertently re-energised

Manage the risk of a fall by a person from one level to another by:

• Ensuring so far as is reasonably practicable that any work that involves the risk of a fall is carried out on the ground or on a solid construction

• Providing safe access to and exit from the workplace or any area within the workplace with the risk of a fall

Fall Hazard

Fall Hazard

If not reasonably practicable to eliminate the risk of falling then minimise the risk by providing adequate protection such as (in order):

Providing a fall prevention device or

Providing a work positioning system or

Providing a fall arrest system

Take into account risk factors including: • Postures, force, duration and frequency

• Workplace environmental conditions, design and layout of workplace

• Systems of work used

• Nature, size, weight and number of persons, animals or things involved in the hazardous manual task

Hazardous Manual Tasks

•Correctly label hazardous chemicals used in the workplace

•Obtain and provide access to Safety Data Sheets (SDS) for workers

•Maintain a register of hazardous chemicals used at the workplace

•Provide information, training and supervision to workers

•Identify risks of physical or chemical reaction

•Keep chemicals isolated and stable & Display safety signs

•Eliminate or minimise ignition sources

Hazardous Chemicals

•Controls risks in commissioning and de-commissioning of plant

•Ensure competent persons are used, provide information and undertake inspections

•If guarding is used to control risks a hierarchy from fixed or interlocked to presence guards is followed

•Ensure that plant not in use does not create a risk to the health or safety of any person

•Ensure that the maintenance, repair, inspection and, if necessary, testing of the plant is carried out by a competent person and in accordance with manufacturer specifications

Plant and Structures

What is high risk work?

high risk work means any work within the scope of a high risk work licence

high risk work licence means any of the licences listed in the following Schedule :

High Risk Work

Examples:Involves a risk of a person falling more than 2 metres,Is carried out on, in or adjacent to a road, railway, shipping laneOr other traffic corridor that is in use by traffic other thanPedestrians, orIs carried out in an area at a workplace in which there is anymovement of powered mobile plant,Is carried out on or near energised electrical installations orServices

A PCBU must ensure:

Direct Supervision• Direct supervision of person

carrying out work, unless to do so is impracticable or unnecessary and reduced supervision does not cause risk to any person

Evidence of Licence• Written evidence that the

worker has the relevant high risk work licence

• Written evidence that the supervisor holds relevant license

• Must keep records for 1 yr

Construction Specific Requirements

Definition of Construction Work Construction work means:

“any work carried out in connection with the construction, alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance, refurbishment,demolition, decommissioning or dismantling of a structure” as per construction Regulation 289

Construction Work Includes activities connected with:

The demolition and installation of billboard structures

Onsite Installation of advertising structures such as bus stops and benches

Construction Work does NOT include:The manufacture of plant, including fixed plantPrefabrication of elements off site for use in constructionThe construction or assembly of a structure to be transported to another placeTesting, maintenance or repair work of a minor nature connected with a structure

WHO IS THE PRINCIPAL CONTRACTOR

WHAT IS A CONSTRUCTION PROJECT

• A construction project is a project that involves construction work where the cost of the construction work is $250 000 or more.

As per construction regulation No 292• The PCBU that commissions a construction project is the

principal contractor As per WHS Act and construction code

Safe Work Method StatementsSafe Work Method Statements (SWMS) are required for ALL HIGH RISK CONSTRUCTION WORK and must be prepared before work commences. SWMS must:

Identify work that is high risk construction workSpecify hazards and risks associated with that work Describe measures to control risksDescribe how the risk control measures are to be implemented, monitored and reviewed

Safe Work Method Statements Compliance

PCBU must give a copy to the Principal Contractor before work commencesPCBU must put in place arrangements to ensure SWMS is followedIf high risk construction work is not carried out in accordance with the SWMS, the work MUST be:

−stopped immediately or as soon as safe to do so;

−resumed in accordance with the statement

Person who comminsions work MUST:

• Consult with the designer about how to ensure risks arising from the design during construction work are:

• Eliminated, so far as is reasonably practicable, or

• Minimised, so far as is reasonably practicable

• Give the designer and the principal contractor information regarding hazards and risks

Design Safety Report

Must account for:maintenance,

refurbishment, demolition and

dismantling of a structure Must specify hazards that may create risks not only during initial building but

to workers who undertake maintenance

or demolition work in the future

General Construction Induction

PCBUs must ensure that:• General induction training is provided to relevant

workers

• Workers have been trained before directing or allowing a worker to carry out construction work

Workers must:• Keep their general induction training card available

for inspection

Issue ResolutionProcedure must take into account:

the degree and immediacy of risk to workers or other persons involved in the issue;

the number and location of workers and other persons affected by the issue;

the measures (both temporary and permanent) that must be implemented to resolve the issue;

who will be responsible for implementing the resolution measures

Training, Information & Instruction

Must be suitable and reflect:

• The nature of the work carried out by the worker

• The nature of the risks associated with the work

• The control measures implemented

Working Environment• Workplace layout allows persons

to move around and access and exit without risk

• Work space is adequate for the task

• Floors and other surfaces are suitable

• Lighting and ventilation is suitable

• Work in temperature extremes is without risk

• Work near essential services does not create risks

The WHS Regulations specifies in detail the requirements for :

Facilities •Including toilets, drinking water, washing and eating facilities

PPE • Must be appropriate to the activity and hazard, suitable

size and fit and maintained and replaced as required.• Workers must be informed and trained on PPE use

First Aid• First Aid arrangements must take into account • The nature of the work• The hazards in the workplace • The size, location and nature of the workplace• The number and composition of workers (and others)

Remote or Isolated Work• Must provide a system of work that includes effective

communication with the worker• Must manage risks to the health and safety of a worker

associated with remote or isolated work

Falling Objects

• Must manage risks of falling objects if reasonably likely to injure a person

• If not possible to eliminate risk then minimise risks to health and safety by:

• Preventing free fall of objects• Arresting free fall of object (e.g. barriers, safe means of

lowering objects)

Emergency Plans• The WHS Regulation specifies the requirement for Emergency Plans

• They must include procedures for rapid response, evacuation, notification, medical assistance and communication

• Must inform workers of procedures• Must be tested in line with plan schedules•Emergency plan must take into account

− The nature of the work− The hazards in the workplace − The size, location and nature of the workplace− The number and composition of workers (and others)

Sources of information

Safe Work Australia - www.safeworkaustralia.gov.au

WorkCover NSW - www.workcover.nsw.gov.au

National Safety Council of Australia - www.nsca.org.au

Course Learner resources