Information Session for Community groups

1. Information Sessionfor Community groups Occupational Health & Safety Requirements and Responsibilities Your Safety..........Your Future

2. Aim & Objectives To provide Community groups with an overview of Relevant legislation & its practical application in relation to the organizing and running of community activities At the completion of this part of the information session we will have covered; • what is the legislation • relevant sections of the OHS Act • councils responsibilities • your responsibilities, accountabilities & authorities • failure to comply • where to access further information Your Safety..........Your Future

3. What is legislation • OHS Act 2000 An Act is law and, as such, employers, workers, insurers, designers, manufacturers, suppliers and others must meet their obligations under both the legislation and the regulations. • OHS Regulations 2001 Regulations are also law and supports the general requirements of the legislation but provides more detail Your Safety..........Your Future

4. OHS Act, Sec 8, Controller Responsibilities (duty of Care) • Safe Access and Exit • Safe Systems of Work • Safe Equipment • Information, Instruction and Training • Supervision • Others at Workplace are not exposed to risks to their Health and Safety from the conduct of employers. • CONTROLLER of Work premises responsible for; • Providing premises safe and without risks to health • Ensuring plant and substance are safe and without risk to health when properly used. Your Safety..........Your Future

5. OHS Act Sec 20 Universal Responsibilities • Take reasonable care for the health and safety of themselves and others. • Co-operate with controller … • Not to interfere with or misuse things. Your Safety..........Your Future

6. Due Diligence & Duty of Care Taking every precaution reasonable in the circumstances to protect the health, safety & welfare of those who contact your works. Evidence of due diligence is one of only two defences available if charged with an offence. Your Safety..........Your Future

7. Council Responsibilities Council’s obligation is to ensure the activity is suitable for the site (when held on Council land), that you are competent, understand your obligations under the OH&S legislation and can comply with this. • Council will inform you of any obscure risks it is aware of so you can factor these into your risk assessment. Your Safety..........Your Future

8. Council Requirements on Council land) • brief of activities; • times, dates, numbers, activities, contact details etc • risk assessment • Identify & control/eliminate potential hazards *site inductions) • safe work method statement (SWMS) • May be requested given the circumstances • formal mechanism for reporting issues to Council • Insurances • Public Liability, Workers Comp’ • Licenses • Amusement rides • Testing & tagging of electrical appliances etc Your Safety..........Your Future

9. Your Responsibilities,What is risk management? You have an obligation* to identify and assess foreseeable hazards. If it is not reasonably practicable to eliminate the risk, you must take steps to control it to an acceptable level* • You must have a mechanism for formally notifying Council or your organizing committee of any potential hazard, accident, injury or near miss • You must have a mechanism for ensuring consultation inclusive of induction Your Safety..........Your Future

10. What is a hazard A hazard is anything (including work practices or procedures) that has the potential to harm the health or safety of a person. Hazards can arise from: • the workplace environment (the event location) • the use of plant and substances • poor work design or practices • inappropriate management systems and procedures • human behavior. Your Safety..........Your Future

11. What is a risk • Risk is the significance of the hazard in terms of likelihood and severity of any possible injury or illness. Your Safety..........Your Future

12. What are some ways in which you can identify hazards? • A number of procedures can be implemented in your organisation to enable workplace hazards to be identified: • observation; • consultation; • workplace inspections; • health and environment monitoring; • safety audits; • monitoring complaints; • monitoring injury and illness records. Your Safety..........Your Future

13. The Risk Management Process • Risk management involves assessing the harm of any potential hazards. It is the process of: • Identifying any foreseeable hazard - anything that has potential to harm anyone eg moving parts in machinery, toxic chemicals, manual handling tasks, electrical equipment. • Assessing the risk from the hazard - finding out how significant the risk is eg will it cause a serious injury, illness or death and how likely is this to occur? • Eliminating the hazard or if this is not possible, controlling the risk from the hazard - implementing strategies to eliminate or control the hazard eg. design equipment differently, add machine guards, use safer chemicals, providing lifting devices to minimise manual handling or use personal protective equipment. Your Safety..........Your Future

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16. Insurances Public Liability (always) • Dependent on risk profile, usually $20 million • List HCC as an interested party • Must cover the full spectrum of your activities for anywhere in Australia Workers Compensation (if you have staff/volunteers) • Must list the total number of employees • Must accurately reflect the annual wages • Must ensure any sub-contractors have WC Your Safety..........Your Future

17. Offences WorkCover are the prosecuting authority and will be looking “at what measures should have been in place” should a serious accident or fatality happen. • OHS legislation one of only 2 laws in NSW with reverse onus of proof i.e guilty until you can prove your innocence. Your Safety..........Your Future

18. We are all responsible for OHS matters over which we have; Control……&…….Influence We can all allocate responsibilities but we can not abdicate our responsibilities. Your Safety..........Your Future

19. Only defenses under the Act • They were not in a position to influence … • They being in such position used all due diligence … Your Safety..........Your Future

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21. Dealing With Breaches of Safety • Council event managers have the delegated authority to immediately stop any activity that in their opinion constitutes a high risk. • Any activity that is stoped by a Council officer can not restart until Council is satisfied that it can be undertaken safely. If necessary they will seek the assistance of WorkCover NSW. Your Safety..........Your Future

22. Where to get more Information • WorkCover NSW Ph 131050 www.workcover.nsw.gov.au • Australian Standards www.saiglobal.com • HCC Corporate Communication Branch Ph 45604430 • Council Website Ph 45604444 http://hawkesbury.nsw.gov.au/ • Premiers Department event starters guide www.events.nsw.gov.au/event-starter-guide • Information handbook included with this information session Your Safety..........Your Future

23. WORKSHOP SUMMARY • primary legislation • joint responsibilities • what constitutes a hazard & risk, how we can identify these • risk management process • Insurances • failure to comply • the powers of Council event organisers • where to access further information Your Safety..........Your Future