Introduction to the WHS framework and the WHS Regulations www.ieu.asn.au

Transcription

Introduction to the
WHS framework
and the WHS Regulations
www.ieu.asn.au
1
Model Work Health and
Safety Framework
WHS Act
 WHS Regulations
 Codes of Practices
 Australian Standards
 Industry Standards
 Guidance Material

WHS Act s274-275
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Model Work Health and
Safety Framework
Model WHS Framework
Model WHS Act and model WHS Regulations supported by
National Codes of Practice
Mirrored by
State based WHS Act,
WHS Regulations
Territory based WHS Act,
WHS Regulations
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Commonwealth
WHS Act, WHS Regulations
3
Key changes under
the WHS Regulations
 Risk management being referenced both within a separate
section and within chapters, and the focus is on the safety
outcome rather than the process, so that a written risk
assessment may not be required in all situations.
 Licensing of asbestos assessors.
 Definitions and terminology e.g. confined spaces, falls, major
incident at major hazards facility, safety data sheets.
WHS Regulations
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Key changes under the
WHS Regulations
 Removal of licensing for some classes of equipment
 A new class of license for reach stackers
Changes in requirements for demolition work
 Expanded provisions for remote and isolated workers
 Changes in record keeping requirements
Significant role of Codes of Practice in providing information to
help determine what would be considered ‘reasonably
practicable’ in eliminating or controlling hazards.
WHS Regulations Chapters 2- 8
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WHS Regulations
- Content  Chapter 1: Definitions and administrative matters
 Chapter 2: Representation and Participation
 Chapter 3: General Risk and workplace management
 Chapters 4, 5 and 6: Hazardous work; Plant and Structures; and Construction
 Chapter 7 and 8: Hazardous chemicals and Asbestos
 Chapter 9 and 10: Major Hazards Facilities and Mines (under development)
Chapter 11: General matters including review, exemptions etc.
 Schedules 1 to 18: Specific requirements and
 Appendix: Jurisdictional notes.
WHS Regulations
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WHS Regulations
- General Structure of Chapters May include:
 definitions and new terminology
 obligations – duties of various parties
 control of risks - when elimination is not possible
 specific hierarchy of controls where applicable
 review requirements
 emergency plans
 training, instruction and information and
 record keeping requirements.
WHS Regulations Chapters 2 - 10
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Chapter 2
Representation and
Participation
WHS Regulations – Awareness Course for Union Members
Representation
and Participation
Additional requirments under the WHS:
 Key changes in consultation terms
 Requirements for negotiation of workgroups
 Election, training and removal of HSRs
 Issue resolution – the default procedure
Codes of
practice
Work Health and Safety Consultation, Cooperation and Coordination
WHS Regulations Chapter 2
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Key changes in consultation terms
Current OHS
 OHS
Representative
WHS
WHS Role
 Health and Safety
and Representative
(HSR)
 Specific WHS
issues, issue PINs,
direct unsafe work
to cease
 Same as for HSRs
 Deputy HSR (new
role)
OHS Committee
 Health and Safety
Committee (HSC)
 Whole workplace
WHS, policy and
procedures
 Authorised
representatives
 WHS entry permit
holder
 Consult with
workers and PCBUs,
inspect, warn, assist
inquire
WHS Act Part 5 - 7
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Determination of
Work groups
Work groups must be negotiated and determined in a way
that:
 Effectively and conveniently allows the health and
safety interests of workers to be represented; and
 Takes into account accessibility to the elected HSR.
What factors should be taken into account when
determining workgroups?
WHS Regulations Chapter 2 Part 2.1
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Negotiation of Work groups
WHS Regulations require that additional matters be taken into account:
 views of workers in relation to the determination and variations of
workgroups;
 number and grouping of workers carrying out similar work;
 the extent to which workers must move from place to place at work;
 the diversity of workers;
 the nature of the hazards and risks at workplace;
 the nature of engagement e.g. as a contractor;
 times at which work is undertaken; and
 arrangements for overtime or shift work.
(see Fact Sheet: Representation and Participation for additional requirements)
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HSRs - Election, training
and removal
Procedures for election of HSRs
 All workers of the work group must be given an opportunity to nominate
and vote in the election.
 The PCBU and workers of the work group must be advised of the election
and the results of the election.
Removal of a HSR
 The majority of members of a work group may remove a HSR by making a
written resolution that the HSR should no longer represent their
workgroup.
Training for HSRs
 A HSR is entitled to attend:
 an initial 5 day course; and
 an annual refresher course.
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Issue Resolution
under WHS legislation
Issue resolution process
applies to unresolved WHS issues
PCBUs to consult, create,
communicate and utilise
issue resolution procedures
Where an issue resolution
procedure is not in place
The default procedure of the WHS
Regulations is to be used
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Issue Resolution Default
Procedure
1. All parties to be informed there is an issue to be resolved and the
nature and scope of the issue;
2. The involved parties meet or communicate to resolve the issue;
3. Certain matters to be taken into account (see Fact Sheet 2);
4. Any party involved in the issue to be represented or assisted by a
nominated person if they choose to do so;
5. The details of the issue and its resolution to be put in writing to the
satisfaction of all parties involved in the issue where requested;
6. A copy of the written agreement to be given to:
 parties to the issue (e.g. unions, employer organisations); and
 if requested, the workplace’s health and safety committee.
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Chapter 3
General Risk and Workplace
Management
General
risk and workplace
management Topics
 Managing risks to health and safety (including maintenance and review)
 Training, information and instruction
 Workplace facilities
(previously referred to as amenities)
 First Aid and Emergency Plans
 Remote or isolated work
 Personal Protective Equipment (PPE)
 Airborne contaminants, hazardous atmospheres and storage of
flammables and combustibles
 Falling objects

CoRelated Codes of Practice include:
de
s
of

pr
ac
tic
WHSe Regulations
How to manage work health and safety risks
Managing the work environment and facilities
and Codes of Practice
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Managing Risks
to Health and Safety
The current requirements and steps involved in managing risks to health and
safety have been retained in the new WHS Regulations.
A PCBU who has a duty under the WHS Regulations is required to
manage risks to health and safety
(e.g. manufacturer, person conducting a business or undertaking, supplier)
This includes complying with any special requirements for the
management of risks outlined in the WHS Regulations such as:
 not exceeding an exposure standard (e.g. noise)
 implementing a specific control measure (e.g. fall protection)
 assessing a risk (e.g. risks associated with a confined space).
WHS Regulations Part 3.1
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Managing Risks
to Health and Safety

 Identify Hazards
that are a potential risk to health and
safety
practicable
As far as is reasonably
practicable
Eliminate risk

Minimise risk
Maintain controls



 Consultation
As far as is reasonably
Review controls
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Hierarchy of controls
Where elimination is not reasonably practicable, risks to health and
safety are to be minimised using controls in the following order (a
combination of controls may be used):
Eliminate

Highest Level of
Protection
Substitute
Isolate
Engineering

Administrate
Lowest Level of
Protection
PPE
WHS Regulations Part 3.1
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Duty to review
A duty holder is required to review and, as necessary, revise control
measures when:

a risk control measure fails to control the risk (e.g. as
determined by monitoring or a notifiable incident occurs);

a change in the workplace or work systems occurs that is
likely to give rise to a new or different risk;

consultation indicates a review is required; or

a HSR requests a review (a new requirement) i.e. when
•
any of the above occurs that affects/may affect a
member of the HSR’s workgroup; and
•
the PCBU hasn’t adequately reviewed the measures in
response to that circumstance.
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General workplace
management
The WHS Regulations requirements are either, in relation to current
requirements:
 Similar with some additional requirements e.g.
 Workplace facilities (previously referred to as amenities)
 Falling objects
 Storage of flammables and combustibles
 Emergency Plans
 Less prescriptive e.g. First Aid, airborne contaminants and
hazardous atmospheres (additional information is provided in
supporting Codes of Practice and other information) or
 Additional e.g. Remote or isolated work
WHS Regulations Chapter 3 Part
3.2
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Training, information,
instruction and supervision
Training, information and instruction provided by the PCBU to
workers is to be:
 suitable, adequate; and readily understandable;
having regard to:
 the nature of the work carried out by the worker;
 the nature of the risks associated with the work; and
 implemented control measures.
Specific supervision requirements are included e.g.:
direct supervision for high risk work; and
where hazardous substances exist in the workplace.
3.2
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General workplace
management
Changes in relation to the duties and requirements include:
General workplace facilities
 Requirements apply to both normal and emergency conditions; and
 Specific mention of glare and reflection is removed.
First Aid
 First aid kit type and content; and
 Requirements for first aid facilities will be covered under a Code of Practice.
Emergency Provisions
 Emergency provisions require the PCBU to ensure preparation and
maintenance of an Emergency Plan specific to the workplace (see slide 12).
3.2
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First Aid
The PCBU must provide for First Aid including:
First aid
kit type and
content and content
of first aid facilities is
no longer specified in
the WHS Regulations
First aid equipment and
access to the equipment

Facilities for first
aid administration
Adequate number of
workers trained in first aid,
OR
Factors to
consider:
 Nature of the work
 Nature of
workplace hazards
 Size and location
 Number and
composition of
workers and others

Access to adequate number of trained others to provide first
aid
3.2
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Emergency plans
The PCBU must provide an Emergency Plan that includes:
Emergency procedures including:
• emergency response
• evacuation procedures
• early notification to emergency services
• medical treatment and assistance
•
effective communication between the PCBU’s
emergency co-ordinator and all persons

•
•
•
•
Testing of procedures
Factors to
consider:
Nature of the work
Nature of
workplace hazards
Size and location
Number and
composition of
workers and others
Information, training and instruction for workers in emergency procedures
3.2
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General workplace
management
Changes in relation to duties and requirements include:
REMOTE AND ISOLATED WORKERS
 A PCBU is required to ensure risks to health and safety of isolated or remote
workers are eliminated or minimised with adequate controls, including
communication (see Fact Sheet 3 for additional information)
PERSONAL PROTECTIVE EQUIPMENT
 Duties of PCBUs, workers and other person in relation to PPE
The PCBU who directs the work is required to:
 provide PPE to workers (unless provided by another PCBU) that is a
suitable size and fit, and is reasonably comfortable; and
 ensure the PPE is suitable to control risks associated with the work and is
used or worn (includes ‘other persons’ using PPE).
3.2
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Personal Protective
Equipment (PPE)
Duties of workers:



To use the PPE according to the information, training and
instruction provided;
Not intentionally misuse or damage the equipment; and
Inform the PCBU of any damage, defect or need to
clean/sterilise the equipment.
Duties of others:

Persons other than workers must use any PPE provided by a
PCBU according to the information, training and instruction
given e.g. visitors to a workplace.
3.2
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General workplace
management
Changes in relation to duties and requirements include:
Airborne contaminants

Specifics for various substances have been removed.
Hazardous Atmospheres in the workplace



Risks associated with hazardous atmospheres due to the presence of flammable
or combustible substances are to be managed.
Ignition sources in a hazardous atmosphere (except those associated with a
deliberate process or activity) are to be managed.
Flammable or combustible substances to be kept to the lowest practicable
quantities.
Falling objects
 A PCBU is required to minimise risks from falling objects by providing adequate
protection by preventing the object from falling or arresting its’ fall.
 A previous provision using PPE as a control has been removed.
3.2
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Chapter 4
Hazardous Work
Hazardous Work
Requirements for hazardous work under the WHS Regulations:
 Noise - exposure standard remains the same; additional monitoring
requirement;
 Hazardous Manual Tasks - previously referred to as manual handling;
requirements remain largely unchanged;
 Confined Spaces - different meanings; signage, recording and communication
requirements have changed; and
 Falls - the hierarchy of controls and record keeping requirements are specified.
Related Codes of Practice include:
Managing Noise and Preventing Hearing Loss at Work
Hazardous Manual Tasks
Confined Spaces
How to Prevent Falls at Workplaces
WHS Regulations Chapter 4
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Noise
A PCBU must ensure that a worker is not exposed to noise that
exceeds the exposure standard (unchanged):
 the equivalent of 8 hours continuous exposure to 85dB(A); or
 a peak of 140dB(C)
A PCBU must implement control measures as per general
risk management requirements.
Where a worker is frequently required to wear PPE, the PCBU must
now provide audiometric testing for the worker:
 within 3 months of the start of work;
 in any event at least every two years.
WHS Regulations: Regulations 56-59
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- Definitions Hazardous Manual Tasks are tasks that involve:
 Repetitive or sustained movements
 High or sudden force
 Repetitive force
 Sustained or awkward posture
 Exposure to vibration
Musculoskeletal disorder (MSD)
is an injury to, or disease of, the musculoskeletal system (bones,
muscles and joints) that may occur suddenly or over time.
It does not include injuries resulting principally from mechanical
operation of plant e.g. cutting, crushing.
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Duties:
A PCBU is required to manage the risk of a ‘musculoskeletal disorder’ arising
from a hazardous manual task.
Control measures:
When deciding on control measures, the PCBU needs to take into account:
 Postures, movements, forces and vibrations related to the task
 Duration and frequency of the task;
 Workplace environmental conditions that may affect the task or the
worker performing it;
 Design and layout of the work area;
 Systems of work being used;
 Nature, size, weight or number of persons, animals or things involved
in the task.
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Falls
Management of Risk of Falls
A situation that exposes a worker while at work, or another
person at or near the workplace, to a risk of a fall from one level
to another that is ‘reasonably likely’ to cause injury.
Duties
A PCBU is required to identify all fall hazards associated with the
business or undertaking.
What measures could be used to control the risk of a fall?
Which are considered the most effective controls and why?
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Falls
Risk Control Measures (the hierarchy of controls is now clearly specified)
A PCBU must ensure that, as far as reasonably practicable, work involving the
risk of a fall is carried out on the ground or on solid construction.
If it is not reasonably practicable to eliminate the risk of a fall, the PCBU must
provide adequate protection against the risk of a fall, by providing safe systems
of work including (in descending order):
1. Use of a fall prevention device (e.g. guard rails); or
2. Use of a work positioning system (e.g. EWP); or
3. Use of a fall arrest system (e.g. harness) if 1 and 2 are not reasonably
practicable.
The use of these controls should include training, procedures, permit systems
and signage as required.
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Falls
Emergency procedures – where a fall arrest system is implemented,
a PCBU must:
 Establish emergency and rescue procedures for the rescue of
persons;
 Test the procedures to ensure effectiveness;
 Provide adequate information, training and instruction in
emergency and rescue procedure to workers.
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Electrical Equipment
Unsafe Equipment under the WHS Regulations must:
 be disconnected (or isolated)
from its electricity supply; and
 once disconnected (or isolated):
 not reconnected until it is repaired or tested and found to be safe; or
 replaced or permanently removed from use.
Changes in testing and inspection:
A PCBU is required to regularly have electrical equipment inspected and tested by a
competent person if:
 supplied with electricity through an electrical socket; and
 the equipment is exposed to conditions that are likely to cause damage
or a reduction in its expected life span, including exposure to moisture,
heat, vibration, mechanical damage, corrosive chemicals or dust.
Records of this testing can be in the form of a tag attached to the electrical
equipment tested.
Equipment that requires testing and is not tested, is not to be used.
WHS Regulations: Chapter 4
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Chapter 7
Hazardous Chemicals
Asbestos and Major
Hazard Facilities
Hazardous Chemicals

Classification and exemptions

Packing, storage and handling systems

Information - labelling, registers, manifests and placards

Control of risks including spills and emergency plans

Health monitoring

Induction, training, information and supervision

Specific requirements – Lead, Asbestos and Major Hazard Facilities
Labelling of Workplace Hazardous Chemicals
Preparation of Safety Data Sheets for Hazardous Chemicals
WHS Regulations: Chapter 7, 8 and 9
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Hazardous Chemicals
- Classification Classification of hazardous substances is now based on the
international GHS* published by the United Nations and includes
hazardous chemicals and dangerous goods.
Substances now exempt from the requirements of WHS Regulations
include:
 Hazardous chemicals in batteries that are incorporated in plant;
 Fuel, oils and coolants fitted in equipment intended for its operation;
 Fuel contained in a portable fuel burning item not exceeding 25 litres or 25 kgs;
 Hazardous chemicals in portable firefighting or medical equipment;
 Hazardous chemicals that are part of freight refrigeration systems; and
 Potable liquids that are consumer products at retail outlets.
* GHS - Globally Harmonised System of Classification and Labelling of Chemicals
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Packing storage and
handling systems
Packing
Containers used to package hazardous chemicals are required to be:
 in sound condition and made of compatible material;
 able to safely contain the material for the time required; and
 not usually used, or could be mistaken for, containing food.
Storage and handling systems
PCBU’s are required to ensure where systems are used for the use, handling or
storage of hazardous chemicals:
 it is only used for its intended purpose;
 it is operated, tested, maintained, installed, repaired and decommissioned
with regard to the health and safety of workers; and
 information, training and instruction is given to a person who operates,
tests, maintains or decommissions the system.
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Hazardous Chemicals
- InformationSafety Data Sheets (previously referred to as MSDS) – see Fact Sheet

Content is now prescribed in the WHS Regulations.
Labelling



Specific requirements exist for general, small containers, waste products,
etc (see Schedule 9: Part 3);
Decanted substances must now be labeled if not to be used immediately
(previously within 12 hours) or if given to someone else;
Requires product identifier, Australian contacts and a hazard pictogram or
hazard statement (new wording) and chemical expiry date.
Hazardous Chemical Registers


Safety Data Sheets are to be included and the SDS Register maintained;
A notation in the register is no longer necessary when a risk assessment for
a hazardous chemical is not required.
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Hazardous Chemicals
- InformationPlacards and manifests:



now align with the classification and requirements of the GHS;
the number of items covered has greatly increased; and
threshold quantities have increased, decreased or remained the same.
Placarding

similar to current requirements with wording changed to reflect the GHS
e.g. reference to goods too dangerous to be transported changed.
Manifests

similar to current requirements and are to include the after hours contact
details of 2 persons in case of an incident.
Safety Signs


do not include placards
must be displayed next to the hazard and be clearly visibile, warn of
particular hazards and state the responsibilities of a particular person.
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Hazardous chemicals
- Controlling and reviewing risks WHS Regulations now specify factors to consider when assessing risks and
when risks are to be reviewed.
Factors to consider in managing risks
Circumstances requiring review of risks
 Hazardous properties
 Any change in the SDS or SDS Register
 Risk of a physical or chemical reaction
 Health monitoring where there are:
 The nature of work to be carried out
• results indicating raised levels
 Structure, plant or systems of work:
• used in the use, handling,
generation or storage; or
• could interact with hazardous
chemicals
• disease, injury or illness associated
with the hazardous chemical
 Potential fire and ignition sources (Part
• recommendations for remedial actions
 Exposure standards have been exceeded
 At least every five (5) years
3.2 Clause 52)
Note: The requirement to record an incident investigation to determine the cause/likely cause of a
dangerous goods incident (except in relation to major hazard facilities) has been removed.
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Hazardous chemicals
- Controlling Risks Fire and ignition  A PCBU must ensure an ignition source is not introduced to a
sources
hazardous area where there is a possibility of a fire or explosion.
Spills and
damage
 Containment of spills is required for all hazardous chemicals (not
just dangerous goods). Compatibility of substances or mixtures
must be considered.
 Provision is to be made for clean-up and disposal of wastes.
Emergency
Plans
 The plan is required to address all hazardous chemicals not just
dangerous goods.
 A copy of plans must be given to the primary emergency services
where manifest quantities (Schedule 11) are exceeded.
Fire, emergency
and safety
equipment
 Fire loads, including those from other sources, are to be assessed.
 Assessment criteria now includes use and generation of hazardous
chemicals.
 Records of testing of fire equipment are to be retained.
Protection
 Wording has changed to require protection ‘against damage by an
impact or excessive loads’ (broader concept).
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Hazardous Chemicals
- Health monitoring Key points include:
 Health monitoring (previously health surveillance) still covers
the same hazardous chemicals; is required for all exposed
workers and includes some additional types of monitoring.
 Information about monitoring requirements must be given to
persons who may be exposed prior to starting work.
 Health monitoring report content is now stipulated including
results and advice.
 A copy of the report is to be provided, by the PCBU
commissioning the health monitoring, to all other PCBUs
required to provide the health monitoring.
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Hazardous Chemicals
- Key requirements Supervision


is now specifically required to protect workers whose work activities are
likely to expose them to a hazardous chemical; and
must be suitable and adequate having regard to:
 nature of the risk associated with the hazardous chemical; and
 the information, training and instruction required i.e. relevant to the
nature of the risk and the required controls.
Prohibited and restricted carcinogens


use, handling and storage remain subject to stringent conditions; and
additional information is required in the application to WorkCover for use.
Restricted hazardous chemicals


are listed in Schedule 10 WHS Regulations - changed from prohibited use;
include restricted use, handling or storage of PCBs to certain situations e.g.
in existing electrical equipment or construction material.
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Chapter 9
WHS Regulations Course
- Summary and Review WHS Regulations – Awareness Course for Union Members
Key changes
Review Question 1
What are some of the key changes to current NSW
OHS legislation resulting from the introduction of
WHS legislation?
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Key changes in
NSW OHS legislation
Key changes to NSW OHS legislation include:
 Definitions and terminology e.g. confined spaces, falls;
 Written risk assessments not always required;
 Specific controls for some aspects (e.g. falls)
 Removal of some licence classes;
 Removal
of specific requirements for some areas e.g.
electroplating, welding although risk management duties
still apply.
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General Risk and Workplace
Management
Review Question 2
What are some of the areas covered the under
General Risk and Workplace Management
requirements for PCBUs?
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General Risk and
Workplace Management
Areas addressed under this section include:
Managing risks to health and safety (including
maintenance and review)
 Workplace facilities (previously referred to as amenities)
 First Aid and Emergency Plans
 Remote or isolated work
 Airborne contaminants, hazardous atmospheres and
storage of flammables and combustibles
 Falling objects
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Consultation and Representation
Review Question 3
What are the requirements of the default issue
resolution procedure in the WHS Regulations that
applies only when there is no agreed procedure as
required under the WHS Act?
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Consultation and Representation
The default procedure requires:
1. All parties to be informed there is an issue to be resolved and the
nature and scope of the issue;
2. The involved parties meet or communicate to resolve the issue;
3. Certain matters to be taken into account (see Fact Sheet 2);
4. Any party involved in the issue to be represented by a nominated
person if they choose to do so;
5. The details of the issue and its resolution to be put in writing to the
satisfaction of all parties involved in the issue where requested;
6. A copy of the written agreement to be provided to:
 parties to the issue (e.g. unions, employer organisations); and
 if requested, the workplace’s health and safety committee.
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Hazardous Work
Review Question 4
What areas of WHS are covered under ‘Hazardous
Work’ and what are some of the key changes?
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Hazardous Work
Areas covered under Hazardous Work, and key changes
include:
 Noise - exposure standard remains the same; additional
monitoring requirement;
 Hazardous Manual Tasks - previously referred to as
manual handling; requirements remain largely unchanged;
 Confined Spaces - different meanings; signage, recording
and communication requirements have changed; and
 Falls - the hierarchy of controls and record keeping
requirements are specified.
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Hazardous Chemicals
Review Question 5
What are some of the specific requirements for
controlling hazardous chemical risks?
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Hazardous Chemicals
Requirements for controlling hazardous chemical risks include:









A PCBU must ensure an ignition source is not introduced to a hazardous area
where there is a possibility of a fire or explosion.
Containment of spills is required for all hazardous chemicals (not just dangerous
goods). Compatibility must be considered.
Provision is to be made for cleanup and disposal of wastes.
Emergency plans are required to address all hazardous chemicals not just
dangerous goods.
A copy of plans must be given to the primary emergency services where
manifest quantities are exceeded.
Fire loads, including those from other sources, are to be assessed.
Assessment criteria now includes use and generation of hazardous chemicals.
Records of testing of fire equipment are to be retained.
Hazardous chemicals must be protected ‘against damage by an impact or
excessive loads’.
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Sources of information
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
IEU - www.ieu.asn.au
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60
Sources of information
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
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Introduction to the WHS framework and the WHS Regulations www.ieu.asn.au

Transcription

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