LABOR COUNCIL OF NSW Introduction Labor Council of NSW Workplace Safety Seminar.

http://council.labor.net.au

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Introduction

Labor Council of NSW

Workplace Safety Seminar


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What are the OHS Issues in your workplace?

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Module 1

The Occupational Health & Safety Act, 2000

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New Laws - 1 September 2001

• The new OHS Act, 2000 has replaced the old 1983 Act.

• Essentially, there are two major changes to the law:

1. The new duty on employers to consult with their employees; and

2. The requirement for all employers to conduct a hazard identification, risk assessment & control

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New Court Orders• Restoration• WCA Investigation Expenses• Publicity• OHS Projects

> On top of any fine> Failure to comply - up to $165,000

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The Main Offences• Section 8(1) - Employers/Employees

(previously s15)• Section 8(2) - Employers/Non-employees

(previously s16)• Section 20 - Employees liability

(previously s19)• Section 26 - Directors and Managers

(previously s53)

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Section 8(1) Ensure Safety of Employees

Employers must ensure the health, safety and welfare at work of all their employees. Including:

• Premises safe• Plant or substance used is safe• Safe systems of work• Information, instruction, training• Provide adequate facilities

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Section 8(2) - Ensure safety of non-employees

Employers must ensure that persons not in their employment are not exposed to risks to their health or safety whilst at the employer place of work

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Section 20 - Employees liability

Employees have 2 major responsibilities:

• To take reasonable care for the health and safety of people at their place of work who may be affected by their acts or omissions.

• Must co-operate with his/her employer re: any requirement imposed in the interests of health, safety and welfare.

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Section 10 - Control of Premises

Persons who have (to any extent) control: • of premises/plant/substance used by persons• as a place of work or at work, must ensure that• the premises/plant/substance is safe

(Old s17 - OHS Act 1983)

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Section 11

Designers/Manufacturers/Suppliers Designers/Manufactures/Suppliers of plant

or substances for use by people at work,

must ensure it is safe, when properly used.

(Previously Section 18 - OHS Act 1983)

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DefencesSection 53 (Old Act) - Section 28 (New Act)

It is a defence to any proceedings under the Act if:

• it was not reasonably practicable for the person to comply with the provision; or

• the commission of the offence was due to causes over which the person had no control and against the happening of which it was impracticable for the person to make provision.

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Section 26 Directors/Managers Liability

Directors & persons concerned in the management are “deemed” to be guilty of the same offence as the corporation.

Criminal Convictions1st Offence: $55,000 - max.

2nd/Subsequent $82,500 &/or 2 yrs gaol

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Section 23 - Whistle Blowers Protection

This section provides protection for employees who make a complaint regarding safety or because they are a member of the OHS Committee.

In these cases, employers commit an offence if they dismiss or alter the employees position .

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Module 2

The Occupational Health & Safety Regulation, 2001

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New Regulation

The new Regulation has replaced 36 separate Regulations. In addition, it has replaced;

• The Construction Safety Act & Regulation• Part 3 of the Factories Shops & Industries

Act.

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New RegulationThe following are some of the headings under the new Regulation

• Systematic Risk Management (Chapter 2)

• Consultation (Chapter 3)

• Manual Handling

• Noise Control

• Confined Spaces

• Lighting

• Atmosphere

• Hazardous Substances/Processes (Chapter 6/7)

• Accident Notification (Chapter 12)

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PenaltiesThere are 4 levels of penalties under the new Regulation.

Per Offence

Level 1 - $2200Level 2 - $3300

Level 3 - $11000 Level 4 - $27500

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Some important points about the Regulation

• If there is an inconsistency between the Regulation and an Australian Standard, the Regulation prevails.

• The Regulation applies to all places of work (some exceptions for mines)

• If more than one person has responsibility under the Reg, each person retains responsibility for the matter

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PlantChapter 5 of the Regulation is dedicated to plant. It includes:

• Design of plant• Manufacture of plant• Registration• Supply of plant• Working with plant

(Clause 82 - 144)

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Hazardous SubstancesChapter 6 deals with hazardous substances and includes:

• Duties on manufacturers and suppliers of hazardous substances.

• Duties on employers.(Clause 145 - 174)

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Induction Training Induction training is covered in several areas of the Regulation including:

• General induction (Clause 13)

• Specific induction including plant, hazardous substances & construction work

• Construction induction includes general, work activity based & site specific.

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Working with electricityReferred to 3 times in the Regulation:

• Clause 40-41

• Clause 63-65

• Clause 205-208

What do you need to know??

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Manual HandlingWhat is it?

“Any activity requiring the use of force to lift, lower, push, pull, carry or

otherwise move, hold or restrain any animate or inanimate object”

(Clause 79 -81)

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Noise ManagementThe Regulation requires that employers must ensure that appropriate control measures are taken if a person is exposed to noise levels that exceed an 8-hour noise level equivalent of 85 dB(A) or peak at more than 140 dB(C).

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Australian Standards

Codes of Practice

Guidance Notes

Workplace Policies

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Act

Regulations

Codes Industry Standard

Guidance Notes

Workplace Policies

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Australian Standards• Generally, Australian Standards are not law. They

represent best practice standards.

• However, some Standards are called up in the new Regulation and must be complied with as a matter of law (unless its not reasonably practicable to comply)

egg. AS 3000 of 2000 (Wiring Rules)

AS 1576.1 of 1995 (Erection/Dismantling of scaffolding)

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Codes of PracticeCodes of practice provide practical guidance to employers and other who have duties under the workplace safety laws.

Although non-compliance with a Code will not render a person automatically liable for an offence, the prosecuting authority may admit a persons failure to comply with a Code of Practice to assist it to prove an offence.

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Guidance Notes

In addition to Codes of Practice, WorkCover often publish guidance material for industries to inform them of common hazards and control initiatives in the industry.


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Module 3

Risk Management

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Who is Responsible for Risk Management?

• Employers are responsible for identifying hazards, assessing risks and controlling risks.

• Employees have a role to play and should actively participate

• S 20 OHS Act - Responsibility of Employees

Risk Management

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Hazard IdentificationWhat is a hazard?

• A hazard is anything that can cause harm – chemicals, – electricity, – working on ladders – etc

Risk Management

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How to do Hazard Identification• Look at what accidents have happened in past

• Talk to workers doing the job

• Walk around the work area-inspect/observe

• Review information on substances (MSDS) or plant (manufacturers manual)

• Think about what could happen

Risk Management

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HAZARDS - WHERE?Where do you have to look?

• Premises (layout and condition)

• Plant

• Systems of work

• Hazardous Substances

• Manual Handling

• Workplace Violence

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HAZARDS - WHEN?When do you have to identify hazards?

• Before using premises as a place of work

• Before installing or altering the plant

• Before changing work practices or systems

• Before hazardous substances are introduced

• While work is being carried out

• If new information becomes available

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Hazard Identification- Consider Who!Identifying hazards in your workplace don’t forget:

• Young workers and trainees

• Cleaners, visitors, contractors, maintenance workers

• Members of the public or others who may share you workplace

Risk Management

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What is a Risk Assessment?This is really about the likelihood and severity ie:

• how likely is it that someone will be harmed?

and

• how serious could the injury be?

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How to do a Risk Assessment

Review available information such as:

MSDS

Manufacturer information

OHS Regulation

Guidance material and Codes of Practice

Australian Standards

Workplace experience

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Risk Assessment

Likelihood Consequences

Risk

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2. How likely is it to be that bad?

1. How severely could it hurt someone or how ill could it make someone?

++ Very Likely could happen anytime.

+ Likely could happen at some time.

= Unlikely could happen but very rarely.

- Very Unlikely could happen but probably never will.

X Kill or cause permanent disability or ill health. 1 1 2 3

!!! Long term illness or serious injury. 1 2 3 4

!! Medical attention and several days off work. 2 3 4 5

! First Aid Needed. 3 4 5 6

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“Control” (of risks)• Defined at Clause 5:

• Substitute

• Isolate

• Engineer

• Administrate

• Training

• PPE

Eliminate if possible; otherwise a combination of these starting with substitution.

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Ris

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PREFERRED CONTROL

WORST CONTROL

Remove the hazard

•Remove risk of electricity by using compressed air driven tools

Separate people from the hazard

•Guards on power tools

•Enclose heavy machinery

Engineer out hazard

•Earth leakage device

•Machine to lift heavy objects

•Scaffold instead of ladders

Change work practices/ Training

•Training in lifting techniques

•Tagging procedures

Provide personal protective equipment

•Hearing/eye protection

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Risk Management Process - Summary

• Identify hazards.• Assess risk.• Determine appropriate controls.• Justify controls.• Plan control activities.• Implement control activities.• Evaluate control activities.

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Risk assessment – What Next?Draw up an action list

• give priority to risks which are high and/or

• effect the most people

Ask yourself

• can I get rid of the hazard

• if not how can I CONTROL the risks

Risk Management

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Be Pro-active

Operate on the assumption that someone will be injured

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Module 4

ConsultationThe new duty for employers to consult with their employees

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Consultation - Legal Requirements

Section 13 of the Act states;

“An employer must consult in accordance with this Division, with the employees of the employer to enable employees to contribute to the making of decisions affecting their health, safety and welfare at work”

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Penalties

Corporation

• First Offence: $55,000

Individual

• First Offence: $27,500

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Consultation - What is it?

• Sharing relevant information

• Giving the opportunity for employees to express views and contribute

• Valuing and taking into account the views of employees

(Section 14)

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Consultation - When?• If risks assessed/reviewed

• When decisions are made re risk elimination, control or monitoring

• Decisions re facilities

• Changes to premises, systems, methods, plant or substances

• Changes to consulting procedures

(Section 15)

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Consultation - How?

• OHS Committees

• OHS Representatives

• Other “agreed arrangements”

(Section 16)

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Minimum requirements for OHS committees

• The legislation relating to OHS committees has not changed.

• Employee Reps must be elected by employees.

• Chair must be an employee Rep.• Unions can conduct the election –

maybe an OHS Rep from a workgroup.

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Minimum requirements for election of OHS representatives

• Must be elected by employees from workgroup.

• Election can be conducted by the relevant union.

• 2 year period.

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Other agreed arrangements (sections 16 (c) and 17 (3) of the Act)

• Some unions may wish to enter into consultative arrangements.

• NSW Fire Brigade Employees.

• 17(3) of the OHS Act provides unions may represent employees.

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Workgroups represented by OHS committees or OHS representatives

• Rep or Committee must be able to effectively represent the employees in each workgroup.

• What should be consider when determining workgroups (Clause 23(2)).

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Consultation Arrangements

• Unions can represent workers in establishing Consultative Mechanisms

• Unions can represent workers in OHS consultation arrangements – turn to Clause 22(5) of your Regulation.

• Unions can conduct elections of representatives from workgroups

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Employer’s obligations with respect to duty to consult

• Record the arrangements• Publicise those arrangements• Provide reasonable facilities and access

during working hours• Pay costs reasonably necessary with

participating and training• Penalty Level 3 - $11,000

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Training to be undertaken by members of OHS committees and OHS representatives

• OHS Reps must be trained

• Employer must be consulted on the training provider

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Additional functions of OHS committees and OHS representatives(section 18 (d) of the Act)

• Investigate OHS issues.

• Attempt to resolve OHS issues.

• Keep under review, the measures taken to ensure health and safety of persons at the place of work.

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Procedure for resolving matter that may be risk to health and safety

• Must be formally referred to employer

• Employer must respond in a timely manner

• Call the union, who may request the assistance of WorkCover

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Consultation

How do we get started?

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Employer Obligations• Record and publicise arrangements

• Provide reasonable access to employees

• Provide facilities

• Ensure regular participation by employer rep.

• Pay them

• Facilitate sub-contractor consultation

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Module 5

Powers of “authorised representatives” of Unions & Associations

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Where do the powers come from?

• Since Secretaries of Unions & Associations have the power to prosecute for breaches of the legislation, authorised representatives of those Unions and Associations have certain powers to investigate suspected offences.

Refer to Division 3, Sections 76 to 85 of the Act

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Who is an authorised representative?

• Not all Union/Association staff are authorised representatives.

• An authorised rep is one who is authorised under Part 7 of Chapter 5 of the Industrial Relations Act, 1996.

• Authorised reps have powers under the OHS Act, 2000.

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What are their powers?

Authorised reps have power to:• enter any premises they believe is a place of work where you

have members or persons who are eligible to be members of your Union for the purpose of investigating any suspected breach of the Act or Regulation.

• Note you cannot enter to conduct a general safety inspection - to exercise your powers, you must suspect a breach.

No notice required

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Things you have to do before there is a lawful entry

• You must notify the occupier of your presence unless (2 exceptions)

• You must carry your identification saying you are an authorised rep and you must produce it if asked by the occupier.

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Powers available on lawful entry

For the purpose of investigating any suspected breach, authorised reps may do any of the following:

• Make searches and inspections (includes taking photos, video and audio recording)

• Requiring the occupier to provide you with such assistance and facilities as is reasonable for you to exercise your functions

• Require production of and inspect any documents in the premises

• take copies of the documents

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Other important points• Unlike a WorkCover Inspector, you have no power

to require persons to answer your questions.

• You may request the assistance of a WorkCover Inspector if you believe you may be obstructed.

• It is an offence for a person who, without reasonable excuse, refused or fails to comply with a requirement made by an authorised rep in accordance with Division 3 of the Act

LABOR COUNCIL OF NSW Introduction Labor Council of NSW Workplace Safety Seminar.

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Transcript of LABOR COUNCIL OF NSW Introduction Labor Council of NSW Workplace Safety Seminar.