WORK HEALTH AND SAFETY REFRESHER
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WORK HEALTH AND SAFETY REFRESHER
Advice regarding legislative duties, rights and
obligations
WHSMS implementation and maintenance
Identifying hazards; assessing risks; and
developing, implementing and evaluating risk
controls
Actions and activities to contribute to incident
investigations and reporting
LEARNING OUTCOMES
THE STRUCTURE OF WHS LAW
Diagram 1: The Legislation Pyramid (Source: www.safeworkaustralia.gov.au)
THE STRUCTURE OF WHS LAW
The WHS Act covers all work situations and is state statutory law. It sets out in broad terms the
obligations of duty holders, i.e. it spells out what duty holders must do
WHS Regulations define in some detail how certain things are to be done – the Regulations are also
statutory law and must be followed
Codes of Practice recommend best ways of reducing risks. Codes are not laws but they do set
minimum standards and may be relied on when determining the state of knowledge of what is
reasonably practicable in the circumstances to which the Code of Practice relates
Australian Standards are not law unless they are referenced in the legislation. If they are referenced
then they become law and must be followed
Industry Standards provide advice and guidance to industry members about how to meet their
obligations under the legislation
Guidance material such as state regulator publications, also provide advice to duty holders on the
application of the legislation and how duty holders are to meet their obligations
WHS DEFINITIONS
PCBU: Person Conducting a Business or Undertaking.
Worker: Means all persons conducting work at the organisation including employees, contractors, labour hire, student placements and volunteers.
An Officer of a corporation is;
• A director or secretary
• A person who makes, or participates in making, decision that affects the whole or substantial part of the business.
• A person who has the capacity to affect significantly the financial standing
WHS DEFINITIONS
Reasonably Practicable: which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including:
• (a) the likelihood of the hazard or the risk concerned occurring, and
• (b) the degree of harm that might result from the hazard or the risk, and
• (c) what the person concerned knows, or ought reasonably to know, about:
• (i) the hazard or the risk, and
• (ii) ways of eliminating or minimising the risk, and
• (d) the availability and suitability of ways to eliminate or minimise the risk,
• (e) After assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.
HEALTH AND SAFETY DUTIES
In general terms, a person with a duty under the
WHS Act is required to:
– Eliminate risk(s)
– Where elimination is not reasonably practicable,
minimise those risks so far as is reasonably
practicable
HEALTH AND SAFETY DUTIES
PCBUs have a ‘primary duty of care’ to ensure, sofar as reasonably practicable, the health andsafety of:Workers engaged directly or indirectly by the
PCBU;
Workers whose work activities are influenced ordirected by the PCBU; and
Other persons present where work activities arebeing conducted
HEALTH AND SAFETY DUTIES
An officer of the PCBU must exercise duediligence to ensure the PCBU complies with theirduties or obligations.
Directors or officers of a PCBU also oweobligations in some states as an ‘occupier of aworkplace’ or a ‘person in control of a workplace’.
HEALTH AND SAFETY DUTIES
Workers are required to: Take reasonable care for their own health and
safety
Take reasonable care to ensure acts/omissionsdo not adversely affect others health and safety
Comply with reasonable instructions of the PCBU
Co-operate with policy or procedures of thePCBU
OFFENCES AND PENALTIES
• Individuals as a PCBU or Officers of a PCBU:$600k / 5 years jail
• Other Individuals : $300k / 5 years jail
• The prosecution bears the burden of provingthat the conduct was engaged in withoutreasonable care. A Category 1 offence is acrime
Category 1
Reckless Conduct
• Individuals as a PCBU or Officers of a PCBU:$300k
• Other Individuals : $150k
Category 2
Breach High Risk
• Corporations: $500k.
• Individuals as a PCBU or Officers of a PCBU:$100k
• Other Individuals : $50k
Category 3
Duty Breach
*For VIC and WA please refer to State WHS Manager for specific requirements
HEALTH & SAFETY REPRESENTATIVES
HSRs represent workers on health and safety matters through ongoing consultation and cooperation between workers of a work group and a PCBU.
These functions include the ability to:
• Represent workers in relation to work health and safety
• Monitor the measures taken by the PCBU to meet their duties
• Investigate complaints from members of the workgroup
• Inquire into risk to the health and safety of relevant workers
Powers include the ability to (when trained to do so):
• Directing unsafe work to cease when necessary
• Issuing of provisional improvement notices when necessary
CONSULTATION UNDER THE WHS ACT
PCBUs
– Must consult with workers (as far as reasonably
practicable)
– must allow HSRs or members of a HSC, ability to
undertake the following:– Attend HSC meetings
– Carry out functions as a HSR or as a member of a HSC
– Access to information on:
– Hazards (including associated risks) and
– The health and safety of workers of the workgroup with the
workers consent (information must not contain any information
that may allow identification)
CONSULTATION UNDER THE WHS ACT
Health and Safety Representative (HSR)
Functions include the ability to: Represent workers in relation to work health and
safety Monitor the measures taken by the PCBU to meet
their duties Investigate complaints from members of the
workgroup Inquire into risk to the health and safety of relevant
workers Powers include the ability to (when trained to do so)
Issue provisional improvement notices whennecessary
CONSULTATION UNDER THE WHS ACT
Health and Safety Committee (HSC)
• The primary function of a HSC is to act as aconsultative forum for the discussion andmanagement of WHS issues.
• Consultation can be undertaken through HSRsand HSCs. However, the WHS Act does notrequire the establishment of these consultationmechanisms, unless: In relation to a HSR – a request is made by a worker
In relation to a HSC – a request is made by 5 or moreworkers or a HSR
PIN NOTICES A PIN is a written direction from a HSR to a person who holds a dutyunder the WHS Act requiring them to fix a workplace health and safetyproblem.
Consultation must have taken place between the PCBU and the HSRbefore a PIN can be issued.
A PIN must be in writing and contain the following information:
– The HSR believes a person is in breach of the WHS Act, or is likely to continue
or repeat the breach
– What that provision is and how it is being breached; and a date as to when thebreach is to be remedied
A PIN may also state:– Directions on what is required to remedy or prevent the breach (this may include
a reference to a Code of Practice);
– The cause or likely cause of the breach; and/or a choice of ways in which thebreach could be remedied
Steps to the issue resolution process:
– Risk identified
– Reporting to manager
– Reporting to HSR
– Involvement of Group WHS if the issue cannot be
resolved
– Involvement of WHS inspectors if the issue cannot be
resolved
– The Issue and the agreed outcomes must be
documented and communicated to relevant parties
WHS ISSUE RESOLUTION
WHS MANAGEMENT SYSTEM (WHSMS)
WHS Policy
– Commitment, intentions and principles to WHS
Corporate WHS Manual
– Operational guide (managers and supervisors)
Management system objectives
– Manage legal risks
– Maintain continuity through times of change
– Obtain and retain self-insurance licenses
– Meet accreditation and quality requirements
– Create continuous improvement mechanisms
MANAGEMENT SYSTEM OPERATION
WHS Plans
– Are based on audit findings (internal and external)
– Outlines corrective actions for key gap areas
– Completed annually by each business unit
– Is a tool for implementing the WHSMS
– Promotes preparation for internal and external health and safety
audits
The WHS Plan details specific actions and targets to meet the
WWSH commitments as set out in the WHS Policy
Progress against the plan is monitored through the WHS
committees and the business unit management team.
Performance is reported to State/General Managers monthly.
MANAGEMENT SYSTEM OPERATION
Workplace inspections
– Checks on the visual aspects of the workplace
Audit - A health and safety audit focuses
on verifying that a particular system,
process or procedure is in place through
– Ensure compliance to WHS law
– Measure and maintain WHSMS effectiveness
MANAGEMENT SYSTEM REVIEW
Management system review
– Feedback on implementation and effectiveness
– Analyses internal and external audit results
– Reviews changes in state/territory laws
WHS State Manager and Coordinator
– Provide advice to managers on WHSMS operation
– Develop and review the WHSMS
– Coordinate WHS audits for self-insurance purposes
– Maintain relationships with regulatory authorities
The meaning of key terms:
– Hazard: means a situation that has the potential to
harm a person
– Risk: is the possibility that harm (death, injury or
illness) might occur when exposed to a hazard
What is risk management?– A system to identify WHS issues and methodically
control them (best means available)
– Strategic means for PCBU to meet their duty of careunder the WHS Act
– Gives the flexibility to adapt to changing circumstancesas they arise
RISK MANAGEMENT
RISK MANAGEMENT
A safe and healthy workplace does not happen bychance or guesswork. You have to think about whatcould go wrong at your workplace and what theconsequences could be. Then you must do whateveryou can (in other words, whatever is ‘reasonablypracticable’) to eliminate or minimise health and safetyrisks arising from your business or undertaking.
Managing work health and safety risks is an ongoingprocess that is triggered when there are changes thataffect work activities.
PCBUs
– Have a duty to manage risks so far as ‘reasonably
practicable’ in the workplace
– Where elimination is not reasonably practicable,
PCBU must minimise those risks so far as is
reasonably practicable
RISK MANAGEMENT
RISK MANAGEMENT (CONTINUED)
What is ‘reasonably practicable’?
– Likelihood of the hazard/risk occurring
– The degree of harm that may result
– Knowledge about the hazard/risk and ways to
eliminate or minimise
– Availability and suitability of ways to eliminate or
minimise risk
– After assessing the risk and the ways in which to
eliminate/minimise, the cost associated – is the cost
grossly disproportionate to the risk?
RISK MANAGEMENT (CONTINUED)
Effective risk management
– Starts with commitment to WHS
– Involves identifying hazards, assessing the level of
risk and eliminating or reducing the level of risk by
assigning appropriate control measures
– Is repeated at regular intervals (at least annually)
Consultation is to involve workers directly
affected
• Workers should be involved throughout the risk
assessment process
THE RISK MANAGEMENT PROCESS
Diagram 3: The Risk Management Process (Source: How to Manage Work Health
and Safety Risks Code of Practice)
THE FOUR STEPS
Step 1 - Identify hazards
– What could the cause harm?
Step 2 - Assess risks
– Understand the likelihood and consequence
Step 3 - Control the risks
– Implement the most effective control measure
Step 4 - Review the control measures
– Ensure controls are working as planned
STEP 1 - HOW TO IDENTIFY HAZARDS
Inspect the workplace
– Observe the workplace
Look at how people work
How is plant and equipment used, how suitable are they and
how are they maintained?
What chemicals are stored and what are they used for?
What safe or unsafe work practices exist?
What is the general state of housekeeping?
Have there been any changes to the workplace?
STEP 2 - HOW TO ASSESS RISKS
Risk assessment
– Risk assessment likelihood is rated as follows:
Almost certain: - expected to occur in most
circumstances
Likely: - will probably occur in most circumstances
Possible: - might occur occasionally
Unlikely: - could happen at some time
Rare: - may happen only in exceptional circumstances
• By accessing the level of risk we are able to
prioritise actions
Diagram 4: The Hierarchy of Risk Control (Source: How to Manage Work Health
and Safety Risks Code of Practice)
STEP 3 – THE HIERARCHY OF RISK
CONTROLS
STEP 3 – LEVEL 1 CONTROL MEASURES
Eliminate the hazards
– Are most effective as they eliminate the hazard
– Eliminating hazards is often cheaper and more
practical at the design/planning stage (greater scope
to design out hazards)
STEP 3 – LEVEL 2 CONTROL MEASURES
If it isn’t reasonably practicable to eliminate the
hazard, then the risk should be minimised
– Substitute the hazard with something safer
For e.g. , solvent based paints with water based paints
– Isolate the hazard from people
Physically separate the hazard from people by distance or
barriers Use engineering controls
– Use engineering controls
Hoists to move heavy loads
STEP 3 – LEVEL 3 CONTROL MEASURES
When there are no other practical control
measures available
– Administrative controls
Procedures, work methods, signage
– Personal protective equipment
Disposable gloves, lead aprons, ear muffs, safety glasses,
disposable apron etc
– Low level control measures require manageable
enforcement and commitment, together with
behaviour modification
Supervision is required to ensure compliance
– Depends on appropriate human behaviour
STEP 4 – HOW TO REVIEW CONTROLS
To check the effectiveness of controls consider
the following:
– Control measures should be reviewed regularly to
make sure they are effective as planned
– Set timeframes for review with workers and HSR
Consider the following:
– Are the controls working effectively?
– Have the controls introduced any new issues?
– Have all of the hazards been identified?
INCIDENT REPORTING
The meaning of key terms:
– Incident: means any unplanned event which has,
or could have caused occupational injury or
disease and/or damage (loss) to people, assets,
reputation or the environment
– Near miss: means an unplanned event that did
not result in injury, illness or damage – but had
the potential to do so. Only a fortunate break in
the chain of events prevented an injury, fatality or
damage
INCIDENT REPORTING (CONTINUED)
Steps to incident investigation:
– Promptly attend the scene
– Interview key personnel (no blame investigation)
– Document responses and gather evidence
– Determine root causes – look for the system failure
– Determine corrective actions and assign
responsibilities
– Finalise and document the report
INCIDENT REPORTING (CONTINUED)
Initial assessment of an incident includes:
– Closing off the area
– Identifying all personnel involved
– Ensuring all evidence is protected
– Ensuring work environments are noted
Obligations for reporting incidents
– Immediate notification of a ‘notifiable incident’ to
Group WHS
– Preservation of the incident site until directed
A ‘notifiable incident’ as outlined in the WHS Act is:– The death of a person, or
– A serious injury or illness of a person, or
– A dangerous incident
Who is responsible for notifying?– The PCBU from which the ‘notifiable incident’ arises must
notify the regulator immediately after becoming aware thatis has occurred
– Primary Health Care has delegated the responsibility forreporting notifiable incidents to Group WHS.
– Workplace Managers are responsible for contacting GroupWHS immediately after becoming aware that a notifiableincident has occurred.
OBLIGATIONS FOR REPORTING
OBLIGATIONS FOR REPORTING (CONTINUED)
Site preservation
– The site of a ‘notifiable incident’ must not be disturbed
until an work health and safety inspector arrives
– This is to assist the inspector determine the cause of
the incident
The site may be disturbed:
– To assist an injured person
– To remove a deceased person
– To prevent another ‘notifiable incident’
– To facilitate a police investigation, or
– After an inspector has given a direction to do so
INCIDENT MANAGEMENT
Factors affecting the investigation– The incident:
Including the nature of the hazards and risks involved
Did location play a part of the incident?
Are there any secondary hazards?
What is the impact of the incident on the business operationsand production?
– The people: Competency
Language barriers
Attitudes
Motivation
Conflicts of interest
INCIDENT MANAGEMENT (CONTINUED)
Incident investigations should focus on systemfailures, not solely on human factors.
Interviewing personnel– The interview should be conducted as soon as practicable
after the event to document the facts carefully
Gathering documents– Includes any document that is relevant to the investigation
– Documents may include:
Technical data sheets
Maintenance reports
Safe operating procedures
Training records
INCIDENT MANAGEMENT (CONTINUED)
Causes of incidents – Personnel: - anyone involved with the process
– Process: - how it’s performed and requirements for doing it,
such as policies, procedures, rules, regulations and laws
– Plant/Equipment: - any equipment, computers, tools, etc
required to accomplish the job
– Materials: - chemicals, sharps, consumables etc. used to
produce the final product
– Environment: - the conditions, such as location, time,
temperature, and culture in which the process operates
– WHS Management: - appropriate supervision, training or
education lacking, poor recognition of hazard, previous
identified hazards not eliminated, lack of process, etc
INCIDENT MANAGEMENT (CONTINUED)
Corrective actions
– Short term: - these are designed to stop the situation
from deteriorating further
– Long term: - these are designed to improve a
substandard system. This could include retraining
workers in systematic changes
Corrective actions must be reviewed to ensure adequate
measure have been implemented and a record retained.
INCIDENT REPORTING PROCEDURE
Incident documentation and investigationinvolves:– Reporting to the manager/supervisor as soon as
practicable
– The injured worker completes an Incident Notificationand Investigation form Either by hard copy orelectronically online within 24 hours.
– Determine whether the incident is a ‘notifiableincident’ If yes, contact the relevant State WHS Manager
immediately– Conduct an incident investigation, Findings and
corrective actions are to be entered into the onlinereport reporting system.
Reporting a ‘Notifiable incident’:– Site manager to contact State WHS Manager and
the State BU Manager immediately
– If the notifiable incident is a Critical incident(Fatality or near fatality) the State Manager is tocontact the Business unit General Manager
– WHS State Manager to complete an IncidentReport (for relevant state or territory)
– WHS State Manager to complete a SafetyIncident Alert if required
NOTIFIABLE INCIDENT PROCEDURE
PURCHASING PROCEDURES
Evaluation of proposed purchases – goods
– Potential hazards associated with equipment or
materials are to be evaluated prior to purchase
– Where the item requires a detailed risk
assessment workers and a HSR must be
consulted
If possible, a trial should be arranged in order for an
effective risk assessment to be carried out
PURCHASING PROCEDURES
Evaluation of proposed purchases – goods
– If a trial is not possible then any associated risk
should be assessed using the manufacturer’s
information and risk assessments
– The workplace manager is to ensure that all
documentation is completed and specifications are
authorised by the supplier
– All purchased items must be checked upon receipt by
the workplace manager to confirm they meet the
specifications in accordance with those ordered by
procurement
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