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Introduction to the WHS framework
and the WHS Regulations
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WHS Act WHS Regulations Codes of Practices Australian Standards Industry Standards Guidance Material
WHS Act s274-275
Model Work Health and Safety Framework
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Model WHS FrameworkModel WHS Act and model WHS Regulations supported by
National Codes of Practice
State based WHS Act, WHS Regulations
Territory based WHS Act, WHS Regulations
Commonwealth WHS Act, WHS Regulations
Mirrored by
Model Work Health and Safety Framework
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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
WHS Regulations – Awareness Course for Union Members
Chapter 2
Representation and Participation
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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
WHS Regulations Chapter 2
Work Health and Safety Consultation, Cooperation and CoordinationCodes ofpractice
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Key changes in consultation terms
OHS Representative
OHS Committee
Authorised representatives
Health and Safety and Representative (HSR)
Deputy HSR (new role)
Health and Safety Committee (HSC)
WHS entry permit holder
WHS Act Part 5 - 7
Current OHS WHS
Specific WHS issues, issue PINs, direct unsafe work to cease
Same as for HSRs
Whole workplace WHS, policy and procedures
Consult with workers and PCBUs, inspect, warn, assist inquire
WHS Role
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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.
WHS Regulations Chapter 2 Part 2.1
What factors should be taken into account when determining workgroups?
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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)
WHS Regulations Chapter 2 Part 2.1
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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.
WHS Regulations Chapter 2 Part 2.1
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Issue Resolutionunder WHS legislation
Where an issue resolution procedure is not in place
PCBUs to consult, create, communicate and utilise
issue resolution procedures
Issue resolution process applies to unresolved WHS issues
The default procedure of the WHS Regulations is to be used
WHS Regulations Chapter 2 Part 2.2
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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.
WHS Regulations Chapter 2 Part 2.2
WHS Regulations – Awareness Course for Union Members
Chapter 3General Risk and Workplace
Management
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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 Related Codes of Practice include:
How to manage work health and safety risks Managing the work environment and facilities
WHS Regulations and Codes of Practice
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).
Detailed requirements are described in the Code of Practice
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
Eliminate risk
Minimise risk
Maintain controls
Review controls
As far as is reasonably practicable
Consultation
WHS Regulations Part 3.1
As far as is reasonably practicable
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Eliminate
Substitute
Isolate
Engineering
Administrate
PPE
Highest Level of Protection
Lowest Level of Protection
Hierarchy of controlsWhere 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):
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.
WHS Regulations Part 3.1
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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.Training, information and instructionWorkplace facilities (previously referred to as amenities)Falling objects Personal Protective Equipment (PPE) Storage of flammables and combustiblesEmergency 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.
WHS Regulations Chapter 3 Part 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).
WHS Regulations Chapter 3 Part 3.2
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First Aid
WHS Regulations Chapter 3 Part 3.2
First aid equipment and access to the
equipment
The PCBU must provide for First Aid including:
Facilities for first aid administration
Adequate number of workers trained in first aid,
OR Access to adequate number of trained others to provide first
aid
First aid kit type and content and content of first aid facilities is no longer specified in the WHS Regulations
Factors to consider:
Nature of the workNature of
workplace hazardsSize and location Number and
composition of workers and others
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Emergency plans
WHS Regulations Chapter 3 Part 3.2
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
The PCBU must provide an Emergency Plan that includes:
Testing of procedures
Information, training and instruction for workers in emergency procedures
Factors to consider:
• Nature of the work• Nature of
workplace hazards• Size and location • Number and
composition of workers and others
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General workplace management
Changes in relation to duties and requirements include:
REMOTE AND ISOLATED WORKERSA 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). WHS Regulations Chapter 3 Part
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.
WHS Regulations Chapter 3 Part 3.2
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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.
WHS Regulations Chapter 3 Part 3.2
General workplace management
WHS Regulations – Awareness Course for Union Members
Chapter 4
Hazardous Work
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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.
WHS Regulations Chapter 4
Related Codes of Practice include:Managing Noise and Preventing Hearing Loss at WorkHazardous Manual TasksConfined SpacesHow to Prevent Falls at Workplaces
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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 generalrisk 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.
Noise
WHS Regulations: Regulations 56-59
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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.
Hazardous Manual Tasks- Definitions -
WHS Regulations: Regulations 60-61
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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.
Hazardous Manual Tasks
WHS Regulations: Regulations 60-61
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Management of Risk of FallsA 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.
DutiesA 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?
Falls
WHS Regulations: Regulations 78-80
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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); or2. Use of a work positioning system (e.g. EWP); or3. 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.
Falls
WHS Regulations: Regulations 78-80
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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.
Falls
WHS Regulations: Regulations 78-80
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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.
Electrical Equipment
WHS Regulations: Chapter 4
WHS Regulations – Awareness Course for Union Members
Chapter 7
Hazardous ChemicalsAsbestos and Major
Hazard Facilities
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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
WHS Regulations: Chapter 7, 8 and 9
Labelling of Workplace Hazardous ChemicalsPreparation of Safety Data Sheets for Hazardous Chemicals
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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.
WHS Regulations: Chapter 7
* GHS - Globally Harmonised System of Classification and Labelling of Chemicals
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Packing storage and handling systems
PackingContainers 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.
WHS Regulations: Chapter 7
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Hazardous Chemicals- Information-
Safety 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.
WHS Regulations: Chapter 7
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Hazardous Chemicals- Information-
Placards 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.
WHS Regulations: Chapter 7
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Hazardous chemicals- Controlling and reviewing risks -
Factors to consider in managing risks Circumstances requiring review of risks Hazardous properties Risk of a physical or chemical reaction The nature of work to be carried out Structure, plant or systems of work:
• used in the use, handling, generation or storage; or
• could interact with hazardous chemicals
Potential fire and ignition sources (Part 3.2 Clause 52)
Any change in the SDS or SDS Register Health monitoring where there are:
• results indicating raised levels• disease, injury or illness associated
with the hazardous chemical• recommendations for remedial actions
Exposure standards have been exceeded At least every five (5) years
WHS Regulations: Chapter 7
WHS Regulations now specify factors to consider when assessing risks and when risks are to be reviewed.
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 sources
A PCBU must ensure an ignition source is not introduced to a 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).
WHS Regulations: Chapter 7
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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.
WHS Regulations: Chapter 7
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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.
WHS Regulations: Chapter 7
WHS Regulations – Awareness Course for Union Members
Chapter 9
WHS Regulations Course - Summary and Review -
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Review Question 1
What are some of the key changes to current NSW OHS legislation resulting from the introduction of WHS legislation?
Key changes
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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.
Key changes in NSW OHS legislation
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Review Question 2
What are some of the areas covered the under General Risk and Workplace Management requirements for PCBUs?
General Risk and Workplace Management
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Areas addressed under this section include: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
General Risk and Workplace Management
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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?
Consultation and Representation
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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.
Consultation and Representation
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Review Question 4
What areas of WHS are covered under ‘Hazardous Work’ and what are some of the key changes?
Hazardous Work
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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.
Hazardous Work
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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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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