Introduction Labor Council of NSW

1. IntroductionLabor Council of NSW Workplace Safety Seminar http://council.labor.net.au

2. What are the OHS Issues in your workplace? http://council.labor.net.au

3. Module 1 The Occupational Health & Safety Act, 2000 http://council.labor.net.au

4. 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 http://council.labor.net.au

5. New Court Orders • Restoration • WCA Investigation Expenses • Publicity • OHS Projects • On top of any fine • Failure to comply - up to $165,000 http://council.labor.net.au

6. 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) http://council.labor.net.au

7. 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 http://council.labor.net.au

8. 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 http://council.labor.net.au

9. 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. http://council.labor.net.au

10. 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) http://council.labor.net.au

11. 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) http://council.labor.net.au

12. Defences Section 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. http://council.labor.net.au

13. Section 26 Directors/Managers Liability Directors & persons concerned in the management are “deemed” to be guilty of the same offence as the corporation. Criminal Convictions 1st Offence: $55,000 - max. 2nd/Subsequent $82,500 &/or 2 yrs gaol http://council.labor.net.au

14. 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 . http://council.labor.net.au

15. Module 2 The Occupational Health & Safety Regulation, 2001 http://council.labor.net.au

16. 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. http://council.labor.net.au

17. New Regulation The 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) http://council.labor.net.au

18. Penalties There are 4 levels of penalties under the new Regulation. Per Offence Level 1 - $2200 Level 2 - $3300 Level 3 - $11000 Level 4 - $27500 http://council.labor.net.au

19. 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 http://council.labor.net.au

20. Plant Chapter 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) http://council.labor.net.au

21. Hazardous Substances Chapter 6 deals with hazardous substances and includes: • Duties on manufacturers and suppliers of hazardous substances. • Duties on employers. (Clause 145 - 174) http://council.labor.net.au

22. 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. http://council.labor.net.au

23. Working with electricity • Referred to 3 times in the Regulation: • Clause 40-41 • Clause 63-65 • Clause 205-208 • What do you need to know?? http://council.labor.net.au

24. Manual Handling What 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) http://council.labor.net.au

25. Noise Management The Regulation requires that employersmust 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). http://council.labor.net.au

26. Australian Standards Codes of Practice Guidance Notes Workplace Policies http://council.labor.net.au

27. Act Regulations Codes Industry Standard Guidance Notes Workplace Policies http://council.labor.net.au

28. 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) http://council.labor.net.au

29. Codes of Practice Codes 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. http://council.labor.net.au

30. 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. http://council.labor.net.au

31. Module 3 Risk Management http://council.labor.net.au

32. Risk Management 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 http://council.labor.net.au

33. Risk Management Hazard Identification What is a hazard? • A hazard is anything that can cause harm • chemicals, • electricity, • working on ladders • etc http://council.labor.net.au

34. Risk Management 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 http://council.labor.net.au

35. HAZARDS - WHERE? Where do you have to look? • Premises (layout and condition) • Plant • Systems of work • Hazardous Substances • Manual Handling • Workplace Violence http://council.labor.net.au

36. 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 http://council.labor.net.au

37. Risk Management Hazard Identification- ConsiderWho! 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 http://council.labor.net.au

38. 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? http://council.labor.net.au

39. How to do a Risk Assessment Review available information such as: • MSDS • Manufacturer information • OHS Regulation • Guidance material and Codes of Practice • Australian Standards • Workplaceexperience http://council.labor.net.au

40. Risk Assessment Likelihood Consequences Risk http://council.labor.net.au

41. http://council.labor.net.au

42. “Control” (of risks) • Defined at Clause 5: • Substitute • Isolate • Engineer • Administrate • Training • PPE Eliminate if possible; otherwise a combination of these starting with substitution. http://council.labor.net.au

43. 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 PREFERRED CONTROL Risk Controls WORST CONTROL http://council.labor.net.au

44. Risk Management Process - Summary • Identify hazards. • Assess risk. • Determine appropriate controls. • Justify controls. • Plan control activities. • Implement control activities. • Evaluate control activities. http://council.labor.net.au

45. Risk Management 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 http://council.labor.net.au

46. Be Pro-active Operate on the assumption that someone will be injured http://council.labor.net.au

47. Module 4 Consultation The new duty for employers to consult with their employees http://council.labor.net.au

48. 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” http://council.labor.net.au

49. Penalties Corporation • First Offence: $55,000 Individual • First Offence: $27,500 http://council.labor.net.au

50. 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) http://council.labor.net.au