Work Health and Safety (WHS) Act Awareness course for union members

1. Work Health and Safety (WHS) Act Awareness course for union members

2. Housekeeping • Emergency Procedures • Participant Notes - content • Breaks, location of facilities etc. • Participation in the course • Parking, mobile phones, smoking • Evaluation questionnaire

3. Course Objectives This course is designed to provide union members with information and knowledge on the Work Health and Safety (WHS) Act, to commence 1 January 2012, that includes: • The harmonisation model for work health and safety and key changes; • New terminology of the WHS legislation; • Sources of information to assist in understanding the changes; • ‘Duty holders’ and their duties under the WHS Act;

4. Course Objectives (cont) • Consultation, representation and participation requirements; • The role of Health and Safety Representatives (HSRs), Health and Safety Committees (HSCs) and other arrangements; • Ceasing unsafe work and Provisional Improvement Notices (PINs); • Enforcement measures available to WHS authorities to ensure compliance with WHS legislation; and • The role of Unions and WHS entry permit holders under WHS legislation.

5. Course Outline Based on these objectives the course is divided into 10 modules: • Module 1: Introduction to the WHS framework • Module 2: Work Health and Safety (WHS)Terminology • Module 3: WHS Duties • Module 4: Consultation requirements and arrangements • Module 5: Health and Safety Representatives (HSRs), deputy HSRs and Health and Safety Committees (HSCs)

6. Course Outline (cont) • Module 6: Ceasing unsafe work and Provisional Improvement Notices (PINs) • Module 7: The role of Unions and WHS entry permit holders • Module 8: Issue resolution and prohibited conduct • Module 9: Enforcement measures • Module 10: Summary and Review

7. Module 1 Introduction to the WHS framework and the WHS Act

8. Group introduction • Your Name • Your Role • Questions about the new Work Health and Safety laws that you would like answered during this course.

9. Module 1 Activity • Please complete the pre-course quiz in the activities section of your participant notes. • We will review this quiz again at the end of the course to make sure that you have information you need on the WHS Act.

10. Work Health and Safety Framework • WHS Act • WHS Regulations • Codes of Practice • Australian Standards • Industry Standards • Guidance Material

11. Work Health and Safety Framework Model WHS Framework Model WHS Act and WHS Regulations supported by Codes of Practice Mirrored by State WHS Act, WHS Regulations, Codes of Practice Territory WHS Act, WHS Regulations, Codes of Practice Commonwealth WHS Act, WHS Regulations, Codes of Practice

12. Model WHS Act - Object - The main object of the model WHS Act is: ‘to provide for a balanced and nationallyconsistent framework to secure the health and safety of workers and workplaces’. How is the object of the model WHS Act to be achieved? WHS Act s3

13. Key changes to current NSW OHS legislation includes: Work health and safety (WHS) terminology; The relationship between the employer and employee to the broader relationship of ‘a person conducting a business or undertaking’ (PCBU) and a worker; A broadening of health and safety duties; Consultation requirements for all duty holders; OHS Representatives and OHS Committees change to Health and Safety Representatives (HSRs) and Health and Safety Committees (HSCs) with changed roles and functions; Key changes WHS Act s4-9, s13-29, s46

14. The introduction of deputy HSRs; Risk management is focused more on the outcome than the process – a risk assessment may not be required in all situations; Authorised representatives become WHS entry permit holders with increased functions; Apositive duty for ‘officers’ e.g. proactive safety activities; Enforcement measures; The removal of the reverse onus of proof; Changes as to when unions can prosecute. Key changes WHS Act Part 5 s124, Parts 10-13

15. Safe Work Australia - www.safeworkaustralia.gov.au WorkCover NSW - www.workcover.nsw.gov.au National Safety Council of Australia - www.nsca.org.au Course Fact Sheets Sources of information

16. Union organisations including: Unions NSW - www.council.labor.net.au Police Association NSW - www.pansw.org.au Australian Manufacturing Workers Union - www.amwu.org.au Construction, Forestry, Mining and Energy Union (CFMEU) - www.cfmeu.asn.au LHMU (United Voice) - www.lhmu.org.au Transport Workers Union – www.twu.nsw.org.au Health Services Union – www.hsu.net.au Sources of information