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NSW Work Health & Safety Act Session 2 1 WHS Act

Dec 24, 2015

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  • Slide 1
  • NSW Work Health & Safety Act Session 2 1 WHS Act
  • Slide 2
  • Overview of what WHS Act says about reasonably practicable 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 2 WHS Act
  • Slide 3
  • 3 Cost Reasonably practicable includes: Reasonably Practicable Degree of harm State of knowledge Availability & suitability of controls Likelihood WHS Act
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  • Reasonably practicable: Getting the balance 4 Reasonably practicable is the balance between risk and time, effort and cost Likelihood, degree of harm, knowledge etc Time, effort and cost to eliminate or reduce risk WHS Act
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  • Reasonably practicable: Getting the balance 5 ? Level of time, effort and cost way out of proportion with benefits in risk reduction E.G little likelihood of risk occurring risk/minimal harm High level of time, effort and cost to eliminate or reduce risk WHS Act
  • Slide 6
  • Reasonably practicable in the workplace 6 For common 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 approach can 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
  • Slide 7
  • Reasonably practicable: the Hierarchy of Control 7 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. For example, falls from height are regulated with a preferred set of controls from design and engineering down to personal protection measures. WHS Act
  • Slide 8
  • Reasonably practicable: The hierarchy of control 8 STOP OR CHANGE THE ACTIVITY, PRACTICE OR PROCEDURE ELIMINATE RISKS (so far as is reasonably practicable) MINIMISE RISKS (so far as is reasonably practicable) SUBSTITUTE WITH SAFER ALTERNATIVE REDESIGN TO REDUCE RISK ISOLATE PEOPLE FROM RISK STOP USING OR CHANGE THE PRODUCT, PROCESS, PLANT OR SUBSTANCE USE ENGINEERING CONTROLS USE ADMINISTRATIVE PROCEDURES USE PROTECTIVE CLOTHING / EQUIPMENT MOST RELIABLE LEAST RELIABLEHighest LEVEL OF PROTECTION Lowest WHS Act
  • Slide 9
  • What is different in WHS Act about Consultation Much broader duties for PCBUs to consult with other duty holders, and workers, including those likely to be affected by their business or undertaking 9 Establishes comprehensive duties to consult on work health and safety matters so far as is reasonably practicable
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  • Overview of what WHS Act says about Consultation with all workers who carry out work who may be directly affected by WHS matter in an effective way on certain matters, involve HSR if workers represented by that HSR ., cooperate and coordinate activities with other duty holders who share WHS responsibilities 10 MUST CONSULT: SO FAR AS IS REASONABLY PRACTICABLE
  • Slide 11
  • 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 11 What WHS Act says PCBUs must do: SO WHO ARE THE WORKERS LIKELY TO BE AFFECTED?
  • Slide 12
  • Effective consultation requires: 12 Consultation Relevant HSR involved if one exists Relevant information about the matter is shared with workers Agreed procedures followed Workers given opportunity express views, raise WHS issues contribute to decision making Views of workers are taken into account by PCBU Workers advised of outcome in timely manner
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  • identifying hazards and assessing risks making decisions about how 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 13 What WHS Act says about Consultation: CONSULTATION is required WHEN:
  • Slide 14
  • Consult so far as is Reasonably Practicable ? What is reasonable in the particular circumstances at the particular time? This will depend on: 14 The size and structure of your business The nature of the work undertaken and the seriousness of the risk The nature of the particular decision or action including the urgency of need to act The work arrangements & availability of workers shift work, remote work The characteristics of the workers - including language and literacy
  • Slide 15
  • What you need to do 15 Make sure your workers are aware of WHS matters asap Encourage them to ask questions about WHS Encourage them to raise concerns and report problems Encourage them to make suggestions to solve WHS problems Involve them in the problem-solving process Inform them of outcome of consultation & decision, promptly
  • Slide 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 16 SMALL Informal mechanism MEDIUM H e a l t h a n d S a f e t y R e p r e s e n t a t i v e s LARGE Safety Committees DIVERSE A combination of methods
  • Slide 17
  • Agreeing on Consultation Procedures 17 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 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
  • Slide 18
  • 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 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
  • Slide 19
  • Major difference is the extent of the scope of the obligation : NOW have to consult with all workers directly affected not just employees NOW have to consult with other duty holders who share responsibilities. 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
  • Slide 20
  • Consulting WORKERS If you have consultative arrangements like an OHS committee or OHS Reps then you need to see how this can be extended to cover all workgroups If you dont have existing arrangements then you need to identify your workgroups and talk to them about when and how you may consult them 20 What do you need to do?
  • Slide 21
  • What is different in WHS Act about HSRs New Act prescribes HSR powers to issue PINs and direct unsafe work be ceased not currently found in NSW legislation 21 HSR training has to be requested rather than being an automatic entitlement
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  • Overview of WHS Act The Act sets out the process for 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 22
  • Slide 23
  • Overview of WHS Act The Act allows work groups to cover multiple businesses to be established HSRs is not personally liable for things done in good faith Deputy HSRs can 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
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