Big Brother is Watching

Big Brother is WatchingAdapting to Work Health & Safety Reform

Local Government Roads & Works Conference 2014

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Big brother? Oh, bother!

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Legislative framework

Work Health &

Safety Act

Regulations

Approved Codes

of PracticeAustralia

n Standard

sOther

information

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Work Health & Safety Act 2012Object:To secure the health and safety of workers and workplaces by:

– …protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant…

– …promoting improvements in work health and safety practices…to achieve a healthier and safer working environment…

– …providing a framework for continuous improvement and higher standards of work health and safety…

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Workers…

• Workers are no longer just employees• Employers are no longer just employers • Primary duty of care is owed to all workers to ensure, so

far as is reasonably practicable, the health and safety of– workers engaged, or caused to be engaged by the

person; and– workers whose activities in carrying out work are

influenced or directed by the person

while the workers are at work in the business or undertaking.

and Employers

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Other Persons

• A PCBU must ensure, so far as reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking

• A person at a workplace must– take reasonable care for his or her own safety; and– take reasonable care that their acts or omissions do

not adversely affect the health & safety of other persons; and

– comply, so far as they are reasonably able, with any reasonable instruction that is given by the PCBU to allow the PCBU to comply with the Act.

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The Three Cs

Consultation

Co-operation

Coordination

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Construction Work

• “Any work carried out in connection with the construction, alteration, conversion, fitting out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure”

• Does not include:– Manufacture of plant– Offsite prefabrication, construction or assembly– Testing, maintenance or repair work of a minor nature

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High Risk Construction Work• Regulation 291 defines, but includes

construction work that:– Involves a risk of a person falling more than 3 metres– Involves, or is likely to involve, disturbance of asbestos– Is carried out in or near a confined space– Is carries out on or near energised electrical

installations or services– Is carried out on, in or adjacent to a road, railway,

shipping lane or other traffic corridor that is in use by traffic other than pedestrians

– Is carried out in an area at a workplace in which there is any movement of powered mobile plant

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Asbestos

• Requirement to prepare and maintain asbestos register

• Requirement for written asbestos management plan

• Must be reviewed at least every 5 years, or:– When further asbestos is identified at the workplace– When asbestos is removed from, disturbed, sealed or

enclosed at the workplace– When plan is no longer adequate for managing risks– If HSR requests a review

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Penalties

• Monetary – Individuals & body corporates– For breach of health and safety duty, depends on

severity (3 Categories)– Specific breaches

• Imprisonment– Up to 5 years– May be in addition to, (not instead of,) monetary

penalty

• Enforceable undertakings

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Other changes

• National high risk licensing • Work zone traffic management • Codes of practice• Guidance material & fact sheets• Return to Work Bill 2014• Code of Conduct for Self Insurers• WHS Act currently under review

(submissions close 5pm today!)

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So what are we doing to help?

• Revision of all model policies and procedures – including “one-pagers”, flow-charts & some templates

• New procedure for asbestos management• WZTM DVD• Code of Practice information sessions• Tailored Implementation Program• Monitoring progress of proposed changes to

legislation & keeping members updates

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Safety is something that happens between your ears, not something

you hold in your hands.Jeff Cooper