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RISK ANALYSIS

RISK ANALYSIS. SECTION 4 – OHS Regulations & Legislative Responsibilities. Health & Safety Human Resource Services. RISK ANALYSIS – OH&S Regulations. The NSW OH&S Regulation adopts a performance-based approach, but prescribe specific detailed controls for highly hazardous areas.

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RISK ANALYSIS

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  1. RISK ANALYSIS SECTION 4 – OHS Regulations & Legislative Responsibilities Health & Safety Human Resource Services

  2. RISK ANALYSIS – OH&S Regulations • The NSW OH&S Regulation adopts a performance-based approach, but prescribe specific detailed controls for highly hazardous areas. • The NSW OH&S Regulation addresses hazard identification, and risk control in the workplace, employee participation in health and safety, plant, hazardous substances, hazardous processes, construction work, certification of workers, licences and permits. • The NSW OH&S Regulation requires all hazards to be eliminated unless it is not reasonably practicable to do so. If it is not reasonably practicable to do so then the hazards must be controlled according to a set formula called the "Hierarchy of Controls".

  3. RISK ANALYSIS – OH&S Regulations • 1. EliminationDo we really need to conduct the task? • 2. Substitution, Isolation & Engineering ControlsChange equipment or plant, substances & materials • Administrative ControlsChange work methods • 4. Use personal protective equipmentThe last resort and then only in combination with one or more of the above. In reality, the controls devised and implemented for a particular hazard may be any combination of the above strategies.

  4. RISK ANALYSIS – Fines & Prosecutions • It is important to note that many OH&S offences are offences of strict liability. This means that, if the law has been broken, excuses such as "it was an accident" or "I had no knowledge of the circumstances" are no defence. Similarly, a court will not entertain the excuse "I did not know that regulation existed". • "It’s not an accident it's a CRIME" • OH&S law comes under criminal law - Workers Compensation law comes under civil law. • Organisations and INDIVIDUALS can be held liable for resultant injury or illness regardless of whether the damage was unintentional or not. Organisations and individuals are responsible for their acts and omissions when it comes to OH&S legislative requirements. • Penalties may apply to individuals as well as organisations for offences committed or breaches of OH&S duties. • Financial penalties of up to: • $850,000 (for the organisation); or • $82,500 and/or imprisonment for up to two years (for the individual).

  5. RISK ANALYSIS – Legislative Requirements • OHS legislation and regulations impose duties and requirements on organisations and individuals aimed at reducing the incidence of workplace injury and illness. • Managers and Supervisors should understand their OHS legislative requirements under NSW law. The overarching responsibility is to ensure, on behalf of the employer, that all reasonably practicable steps are taken to protect the health and safety of employees under their control. • In NSW the applicable OHS legislation is: • ·OHS Act 2000 • ·OHS Regulations 2001 • Australian Standards - where expressly nominated in the OHS regulations

  6. RISK ANALYSIS – Legislative Requirements • All workplaces in NSW are also subject to environmental legislation and in many instances these laws crossover with OHS laws (eg regarding hazardous substances and other hazards harmful to both people and the environment). • The OHS Act requires employers, controllers of premises, designers and manufacturers of plant and suppliers of hazardous substances, to systematically assess and control risks in the workplace in consultation with those affected by their undertaking. • Employees are required to cooperate with employers in meeting those obligations. • Other requirements include obtaining necessary licences and permits from relevant authorities. • Practical guidance materials such as Codes of Practice support safety legislation. Codes of Practice spell out duties of employers and other groups in controlling risks associated with specific hazards.

  7. The Role Of Managers, Supervisors & Academics RISK ANALYSIS – • Managers • ·must ensure that the workplace under their control is safe and without risks to health; • · allocate sufficient resources for the effective implementation of occupational health and safety risk management and ongoing maintenance of occupational health and safety; • ·effectively develop documented occupational health and safety risk management systems in consultation with employees; • ·report health and safety risks or difficulties to senior managers; • ·provide competent and adequate supervision; and • ·must ensure that the behaviour of all persons in the workplace is guided by principles of occupational health and safety

  8. The Role Of Managers, Supervisors & Academics RISK ANALYSIS – • Supervisors • ·must ensure that the workplace under their control is safe and without risks to health; • · effectively implement documented occupational health and safety risk management systems in consultation with employees; • ·identify, assess and control hazards at the place of work in a systematic fashion; • · report health and safety risks or difficulties to managers, relevant specialist areas, key nominated officers or specialist officers with health and safety roles; • ·deliver competent and adequate supervision; • ·provide adequate information, instruction and training where hazards have been identified or as required by regulatory authorities; • ·in the case of injured employees, provide suitable duties to enable a swift return to work; • ·must ensure that the behaviour of all persons in the workplace is guided by principles of occupational health and safety; and • ·ensure that all persons at the place of work wear the appropriate personal protective equipment where required.

  9. The Role Of Managers, Supervisors & Academics RISK ANALYSIS – • Academics: • ·are responsible for providing relevant and practical occupational health and safety information to students; and • ·taking steps to ensure that students adopt safe work practices • The OHS Law requires those in authority to provide adequate supervision, information, instruction and training.

  10. The Role Of All Employees, Students, Visitors & Contractors RISK ANALYSIS – • Employees, Students, Visitors and Contractors: • ·are required to co-operate and actively contribute to the health and safety of themselves and others within the workplace who may be affected by their acts or omissions; • ·must wear any personal protective equipment provided; • ·must follow supervisors occupational health and safety instructions; • ·must report any identified hazards to their supervisor; • ·injured or ill University staff must co-operate and comply with the University's injury management and return to work plans; • ·must report immediately any accidents or incidents; and • ·must not wilfully damage anything provided for the health and safety of themselves or others at the place of work.

  11. For all enquiries regarding Risk Management and Analysis, please contact: • Health and Safety TeamPhone: 4921 7262Email: tina.crawford@newcastle.edu.au

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