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Key OHS Acts

Key OHS Acts. Two aims: To prevent occupational health hazards To ensure the health & safety of all employees OHS legislation is enacted by Parliaments to set minimum standards of performance & behaviour in the community.

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Key OHS Acts

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  1. Key OHS Acts • Two aims: • To prevent occupational health hazards • To ensure the health & safety of all employees • OHS legislation is enacted by Parliaments to set minimum standards of performance & behaviour in the community. • Some form of penalty may apply where failure to observe or comply with the legislation occurs. • The 3 key Acts are: • Occupational Health & Safety (Commonwealth Employment) Act,1991 • Safety rehabilitation and Compensation Act, 1988 • State/Territory Occupational Health & Safety Act OH&S Summary FNSICGEN304B Version 1 May 11 2009

  2. Commonwealth Employment Act • Covers employees of Government departments, agencies & authorities. • Administered by Comcare – Commission for the Safety, Rehabilitation & Compensation of Commonwealth Employees. • Commonwealth inspectors are used to investigate a department’s health & safety procedures. • Details approved codes of practice which are in alignment with the legislation of the States & Territories. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  3. Safety, Rehabilitation & Compensation Act, 1988 • Relates to the rehabilitation of employees of the Commonwealth & certain corporations & to worker’s compensation for those employees. • Establishes a fully funded premium based system & a licensed self insurance based system of compensation & rehabilitation for employees injured in the course of their employment. • Provides a comprehensive benefit structure that includes: • Payment of reasonable cost of medical treatment • Income replacement for periods of incapacity • Payment of lump sums for permanent impairments OH&S Summary FNSICGEN304B Version 1 May 11 2009

  4. State/Territory OHS Act • Employees & employers in each state & territory are covered by separate acts. • All acts cover duty of care requirements for employers & employees. • In NSW the legislation is Occupational Health & Safety Act, 2000 & Occupational Health & Safety Regulations,2001. • In NSW the OHS authority is NSW Workcover Authority. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  5. Acts, Regulations, Codes of Practice & Standards • Instruments that provide a level of control in achieving health & safety in workplaces. • Each provides an increasing level of specifics in how to manage OHS. • Acts • Describe the general requirements for health, safety & welfare for all workplaces in each of the states & territories. • Serve as a framework for the more detailed requirements in regulations, codes of practice & standards. • Each Act is divided into supporting Acts which contain specific information relevant to various industries & activities. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  6. Acts, Regulations, Codes of Practice & Standards • Regulations • Acts are put in to practice through regulations. • They specify in greater detail how the legislation is to be implemented. • Provide a performance based approach to OHS while still maintaining prescribed controls, particularly in hazardous areas. • Codes of Practice • Detailed documents that explain how a workplace would attempt to meet the conditions tabled by the regulations. • Negotiated between key parties such as employer groups & unions. • No legal standing. • Guide a workplace on the implementation of the legislation. • Workcover is empowered to write Codes of Practice & Regulations addressing specific matters related to OHS. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  7. Acts, Regulations, Codes of Practice & Standards • Standards • Set minimum levels for specifications, performance measures & actions in relation to operations within industries. • In some cases standards are referred to within Codes & Regulations & therefore may carry full weight of law. • Judges may refer to standards to assist with judgement decisions when matters are brought before the courts. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  8. Role of OHS Authorities • National Occupational Health & Safety Commission • Tripartite statutory body with govt, employee & employer representatives • Leads & coordinates national efforts to prevent workplace death, injury & disease. • Worksafe Australia • Coordinates the production of national standards, statistics, research, assessment & advice to industry. • Focused on preventative planning. • Relies on consultation & collaboration with peak bodies such as employers, unions & industry experts. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  9. Role of OHS Authorities • Comcare Australia • Focuses on the health & safety of Australian Public Service workers • Administers OHS(CE)Act,1991 & SRC Act,1988 • Four key functions • Develop & distribute OHS information to employees & employers • Ensure public service activities are conducted within the commonwealth Act for OHS • Provide advice on the care of those injured by workplace accidents • Compensate injured public servants OH&S Summary FNSICGEN304B Version 1 May 11 2009

  10. Role of OHS Authorities • State/Territory Work Health Authority • Each state manages their OHS policies through an organisation called Workcover. • Workcover strives to promote a culture of safety through extensive public awareness programs, education & other communication activities. • Has power to prosecute individuals & companies which fail to meet workplace OHS responsibilities. • Support injured workers to remain at work or return to work following injury. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  11. Role of OHS Authorities • The Australian Council of Trade Unions, OHS Unit • Primarily concerned with workers’ health & safety • Provide advice & support on OHS matters to all workers • Take up OHS issues with employers on behalf of individuals • Consulting with employers on issues concerned with OHS OH&S Summary FNSICGEN304B Version 1 May 11 2009

  12. OHS Inspectors • OHS legislation can be enforced through use of inspectors. • Legislation gives inspectors power to inspect workplaces at any time and direct employers and employees to rectify or address any activity they deem to be unsafe. • Inspectors attempt to work with employers by giving them whatever time is practical & reasonable in addressing an OHS issue. • If situation deemed dangerous they have the power to shut down an activity or operation until the matter has been addressed. • They can fine employers & employees for breaches of OHS regulations. • Workcover enforces law in NSW in all enterprises except Commonwealth operations. • Comcare enforces law in Commonwealth workplaces. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  13. OHS Policy • A workplace OHS policy is a document that details how OHS will be managed. • An effective workplace policy will include: • How to carry out workplace activities in a safe manner • How employees can report safety hazards that they have identified • How identified hazards will be assessed & controlled • How to provide safe entry, access & exit for all persons in the work environment • How training & information will be made available to develop knowledge of all workers in OHS matters • How employers can consult with employees • How to keep employees informed and involved in any decisions that affect their health & safety OH&S Summary FNSICGEN304B Version 1 May 11 2009

  14. Employer Responsibilities • Employers have a ‘duty of care’ to ensure the workplace is safe for everyone. • Key duties of employers include: • Ensuring that equipment is in safe working order • Ensuring that workplace activities are carried out in a safe manner • Ensuring that the work environment provides safe entry, access & exit • Ensuring that information, instruction & training is made available to all employees OH&S Summary FNSICGEN304B Version 1 May 11 2009

  15. Employee Responsibilities • Employees have a responsibility to participate in all aspects of workplace OHS • Some employee responsibilities include: • To cooperate with employers to ensure the business adheres to OHS legislation • To ensure their actions don’t endanger others • To ensure that their activities do not diminish the safety of equipment & materials • To ensure that they do not fail to support anyone in danger, ill or injured • To identify & report any workplace incidents or hazards to their supervisor OH&S Summary FNSICGEN304B Version 1 May 11 2009

  16. Consultation • Employers must consult their employees when they are: • Making changes to work premises, methods, systems, plants or substances • Drawing up procedures for consultation with employees • Assessing reviewing or eliminating workplace risks • Considering facilities for employee’s welfare OH&S Summary FNSICGEN304B Version 1 May 11 2009

  17. What is Consultation? • The sharing of experiences, ideas, knowledge and understanding of all individuals in an organisation to plan, develop, manage & maintain OHS systems. • For consultation to be effective it requires: • The sharing of current, relevant OHS information • Opportunity for all parties to express views over OHS issues as they occur in the workplace • Thee views to be encouraged and have systems by which they can be received & recorded OH&S Summary FNSICGEN304B Version 1 May 11 2009

  18. Good Practice Consultation • Can produce: • Informed & effective decision making amongst managers through the collection of data & ideas from a wider cross section of the organisation • Increased employee commitment to OHS through heightened awareness of issues & decisions & ownership of outcomes • Improved transparency on OHS issues builds trust between managers & staff as each party can gain greater understanding of differing view points • Greater levels of satisfaction as employees feel valued by the organisation • Safer workplaces impact on productivity & cost reduction OH&S Summary FNSICGEN304B Version 1 May 11 2009

  19. Key Factors For Effective Consultation • Establish direct communication systems with all employees • Make available all relevant information • Encourage & value input • Seek input prior to any decision making • Encourage by listening not telling • Show professional respect for differing views • Provide appropriate training in consultation skills OH&S Summary FNSICGEN304B Version 1 May 11 2009

  20. OHS Committees • Can be formed if there are 20 or more employees or if Workcover directs the workplace to establish one. • An OHS representative can also be appointed at the request of one or more employees or at Workcover’s recommendation. • Workplaces can also have other agreed arrangements. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  21. OHS Committee’s Role • Provide advice & guidance on any OHS issue in the workplace • Prevent or resolve unsafe practices through consultation with employers • Inspect all accidents & injuries • Inspect workplaces at least every three months • OHS committees must be trained and given time off t attend training OH&S Summary FNSICGEN304B Version 1 May 11 2009

  22. OHS Management System • An OHS management system refers to a documented, coordinated plan designed to ensure that hazards & the risks associated with them are managed as effectively as possible. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  23. Developing an OHS Management System • Determine who is responsible for health & safety • Incorporate OHS into all organisational activities • Involve employees in the process • Develop procedures • Training • Monitor & review the system OH&S Summary FNSICGEN304B Version 1 May 11 2009

  24. Key Performance Indicators • Number of mishaps, accidents, injuries • Number of training workshops • Number of employees attending these workshops • Reports on evacuation trials • Surveys on employees’ attitudes to OHS • Number of recommendations made by the OHS committee • Number of innovations in place as a result of the OHS committee OH&S Summary FNSICGEN304B Version 1 May 11 2009

  25. Risk Management • Three basic steps to risk management: • Hazard identification: Identify the problem • Risk assessment: What is the chance of an accident occurring & how severe is this likely to be? • Risk control: What can be done to stop this accident occurring? OH&S Summary FNSICGEN304B Version 1 May 11 2009

  26. Hazards • A product, substance, material or process that could cause injury, illness or loss through damage to persons, equipment or plant. • Examples: • Chemicals solvents, toner, cigarette smoke • Radiation computer screens, photocopiers • Biological air conditioning, infectious diseases • Physical temperature, light, noise, equipment • Ergonomic inferior design in chairs • Manual Handling lifting objects or materials • Psychological stress, substance abuse OH&S Summary FNSICGEN304B Version 1 May 11 2009

  27. Hazard Identification • It is important to observe & predict what could go wrong • Five tasks to assist in hazard identification: • Research review records, accident reports • Read research data on products etc • Observe look around • Communicate talk to fellow workers • Reflect think about what could happen & share thoughts with others OH&S Summary FNSICGEN304B Version 1 May 11 2009

  28. Risk Assessment • Hazards are evaluated to determine the degree of risk they present. • Likelihood – how likely the hazard is to result in damage, injury or illness. • Consequences – how serious the damage, injury or illness is likely to be. • It is necessary to assign a risk rating to hazards identified. The higher the rating the more serious the hazard. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  29. Risk Control • Hierarchy of controls: • Remove remove hazard completely • Replace use a less hazardous process, plant or substance to do the same work • Isolate separate the hazard from the person at risk • Engineer minimise the risk using engineering controls • Administration organise safer work practices, training instruction, supervision, put systems in place • Protect use personal protective equipment • You should always start at number one & move through the hierarchy to number five as a last resort. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  30. First Aid • First Aid • Facilities reduce treatment delay thus minimising the severity of the injury • Decrease the amount of pain suffered by people who are injured • An organisation must provide first aid services including: • Trained first aid staff • First aid kits • First aid rooms • Procedures for dealing with accidents OH&S Summary FNSICGEN304B Version 1 May 11 2009

  31. Records • Every organisation must keep records of accidents, near misses, injuries & treatments. • Appropriate statutory authority must be notified if an accident results in a worker being absent from work for more than 7 consecutive days or if there is a fatality. • Near miss – mishap that did not result in injury. • Workplace accident – results in injury, illness or damage to property. • Analysis of these records gives management ability to identify possible hazards and look at ways to minimise or avoid them in the future. OH&S Summary FNSICGEN304B Version 1 May 11 2009

  32. Reporting Accidents & Near Misses • Time date & location of accident or near miss • Description of the accident or near miss • Name & location of the person involved • Likely cause of the accident • Preventative action taken to minimise immediate further risk • Description of the investigation to identify the true cause • Follow-up action to minimise likelihood of the event recurring • Sign-off by key stakeholders OH&S Summary FNSICGEN304B Version 1 May 11 2009

  33. Emergency Plan • The objective of this plan is to ensure that: • There is a set of procedures documented • Designated persons are given specific roles & responsibilities • Employees are aware of these procedures • It is the responsibility of each individual to: • Read procedures for your organisation so you are aware of steps & know what to do • Locate all fire exits near your area of work • Ensure that all fire exits are functioning & that immediate access is not limited in any way. OH&S Summary FNSICGEN304B Version 1 May 11 2009

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