NSW Work Health & Safety Act

1. NSWWork Health & Safety Act WHS Act Session 2

2. Overview of what WHS Act says about reasonably practicable WHS Act The PCBU has a duty to ensure, so far as is reasonably practicable, the health & safety of workers that are: • engaged to carry out work for their business or undertaking • placed with another person to carry out work for that person, or • influenced or directed in carrying out their work activities by the person, while the workers are at work in the business or undertaking

3. Reasonably practicable includes: Likelihood Degree of harm Reasonably Practicable WHS Act Availability & suitability of controls State of knowledge Cost

4. Time, effort and cost to eliminate or reduce risk Likelihood, degree of harm, knowledge etc Reasonably practicable is the balance between risk and time, effort and cost Reasonably practicable: Getting the balance WHS Act

5. High level of time, effort and cost to eliminate or reduce risk E.G little likelihood of risk occurring risk/minimal harm Level of time, effort and cost way out of proportion with benefits in risk reduction Reasonably practicable: Getting the balance ? WHS Act

6. Reasonably practicable in the workplace • Forcommon hazards such as noise, falls and manual handling there are regulations that define what has to be done to control risks. These common hazards also have supporting codes of practice to provide guidance on how to control risks. • For more complex or workplace specific risks a risk management approachcan be used to establish what is reasonably practicable • The most common decisions about reasonably practicable relate to the type of risk control to be used (the hierarchy of control).In other words what is the highest level of protection that is reasonably practicable. WHS Act

7. Reasonably practicable: the Hierarchy of Control • The WHS Act advocates the highest level of protection as is reasonably practicable and the model regulations in many cases mandate a set of preferred controls consistent with the hierarchy of control • Consequently the level at which controls are applied is subject to decisions about reasonably practicable. WHS Act For example, falls from height are regulated with a preferred set of controls from design and engineeringdown to personal protection measures.

8. ELIMINATE RISKS (so far as is reasonably practicable) STOP USING OR CHANGE THE PRODUCT, PROCESS, PLANT OR SUBSTANCE STOP OR CHANGE THE ACTIVITY, PRACTICE OR PROCEDURE MINIMISE RISKS (so far as is reasonably practicable) SUBSTITUTE WITH SAFER ALTERNATIVE MOST RELIABLE LEAST RELIABLE Highest LEVEL OF PROTECTION Lowest USE ENGINEERING CONTROLS REDESIGN TO REDUCE RISK ISOLATE PEOPLE FROM RISK USE ADMINISTRATIVE PROCEDURES USE PROTECTIVE CLOTHING / EQUIPMENT Reasonably practicable: The hierarchy of control WHS Act

9. What is different in WHS Act about Consultation Establishes comprehensive duties to consult on work health and safety matters so far as is reasonably practicable Much broader duties for PCBUs to consult with other duty holders, and workers, including those likely to be affected by their business or undertaking

10. Overview of what WHS Act says about Consultation MUST CONSULT: SO FAR AS IS REASONABLY PRACTICABLE • withall workers who carry out workwho may be directly affected by WHS matter • in an effective way • oncertain matters, • involve HSR– if workers represented by that HSR • …., cooperate and coordinate activities with other duty holders who share WHS responsibilities

11. What WHS Act says PCBUs must do: SO WHO ARE THE WORKERS LIKELY TO BE AFFECTED? Obligation to consult with workers – s47 PCBU must, so far as is reasonably practicable, consult with workers who carry out work for the business or undertaking who are, or likely to be, directly affected by a WHS matter

12. Effective consultation requires: Agreed procedures followed Workers advised of outcome in timely manner Relevant HSR involved if one exists Consultation Relevant information about the matter is shared with workers Views of workers are taken into account by PCBU • Workers given opportunity • express views, • raise WHS issues • contribute to decision making

13. What WHS Act says about Consultation: CONSULTATION is required WHEN: • identifyinghazards and assessingrisks • makingdecisions abouthow to eliminate & minimise risks • making decisions about facilities for welfare of workers • proposing changes that affect WHS of workers • decisions about procedures for: • Consultation • Issue resolution • Health monitoring • Monitoring condition of workplace • Information and training

14. Consult so far as is Reasonably Practicable ? What is reasonable in the particular circumstances at the particular time? This will depend on:

15. What you need to do

16. How to consult your workers In collaboration with your workers you need to work out methods that: Meet your duty to consult Ensure all workers can participate in consultation Integrates with the way you manage WHS risks You can have, for example

17. Agreeing on Consultation Procedures The WHS Act allows you to establish agreed procedures for consultation with your workers. Such procedures must be consistent with S48 WHS Act. The agreement allows you to clearly state: the responsibilities of all people in the workplace when consultation is necessary who will be involved in the consultation how the consultation will occur how information will be shared what opportunities will be provided for workers and HSRs to give their views how feedback will be given to workers how consultation will occur with workers with language / literacy needs

18. What WHS Act says PCBUs must do: WHO ARE THESE OTHER DUTY HOLDERS? • Same workplace – e.g. construction site, shopping centre, • Same matter- e.g. design, installation, use of plant, labour hire Obligation to consult with other duty holders – s46 “Duty holders with overlapping WHS duties must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with each other”

19. What are the major differences in the WHS Act? The nature of consultation required & when you are expected to consult are basically the same as existing provisions Major difference is the extent of the scopeof the obligation: NOWhave to consult with all workers directly affected not just employees NOW have to consult with other duty holders who share responsibilities .

20. What do you need to do? Consulting WORKERS If you have consultative arrangementslike an OHS committee or OHS Reps then you need to see how this can be extended to cover all workgroups If you don’t have existing arrangements then you need to identify your workgroups and talk to them about when and how you may consult them

21. What is different in WHS Act about HSRs HSR training has to be requestedrather than being an automatic entitlement New Act prescribes HSR powers to issue PINs and direct unsafe work be ceased not currently found in NSW legislation

22. Overview of WHS Act The Act sets out the processfor electing HSRs, and their functions, powers and entitlements Determination of work groups provides the basis for electing HSRs HSRs are elected for 3 years to represent their work group on WHS issues HSRs can inspect, investigate and represent workers HSRs can issue Provisional Improvement Notices (PIN) and direct that unsafe work cease

23. Overview of WHS Act The Act allows work groups to cover multiple businessesto be established HSRs is not personally liable for things done in good faith Deputy HSRscan deputise for the HSR if unable to exercise function or ceases to hold office HSRs powers and functions limited to work group except where issues overlap Disqualification of an HSR can be sought on grounds such as using powers for improper purposes

24. What WHS Act says PCBUs must do: • Respond to a request to establish a work group and negotiate an agreed arrangement • Facilitate the election of HSRs • Consult with HSR on WHS affecting the work group • Allow access to WHS information relevant to work group • Allow HSR to be present at interviews on WHS matters (with consent of worker) • Provide resources and allow time to enable HSR to exercise functions

25. What WHS Act says PCBUs must do: • Allow HSR to accompany inspector within work group • Allow a person assisting the HSR access to the workplace • If requested allow HSR to attend WHS training (initial course of 5 days and 1 day refresher annually there after) • Keep and display an up to date list of HSRs • PCBU must not allow HSR access to personal or medical information unless with consent of worker

26. HSR Powers: Direct to cease unsafe work

27. HSR Powers: Issue PIN