YOUR WHS READY RECKONER

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1 YOUR WHS READY RECKONER Dear Business Owner/Manager, The cost of work-related accidents and illnesses is considerable: apart from the significant personal and social costs, businesses can be severely impacted in terms of lost productivity, time, reputation, and money. And of course, there are further risks associated with not complying with onerous and sometimes complex legislation (including fines of up to $3m for corporations and up to $600k and/or 5 years gaol for individuals). Recognising these challenges, we ve produced this WHS (Work Health & Safety) Ready Reckoner - to help you understand your obligations as an employer and be better equipped to meet them. It s just another way we help you and your business achieve Success through People. We hope you find this resource helpful. If you need further support, please contact us via ph or greg@hrsuccess.com.au. Regards, Greg Mitchell Principal Consultant/Owner HR Success Please note: While information within this document is updated regularly, you should check to ensure you are accessing current, correct information. This resource is not exhaustive and may not cover all responsibilities that apply to you. It is based on Australian Federal and NSW legislation, provides general information only and you may need to seek support to ensure the individual circumstances are effectively accounted for. This and other information and support provided should not be regarded as legal advice.

2 Useful Definitions (sourced from SafeWork NSW): PCBU - A 'person conducting a business or undertaking' (PCBU) is a legal term under WHS laws for individuals, businesses or organisations that are conducting business or undertakings. The business or undertaking can operate for profit or not-for-profit. You can also be a PCBU and a worker if you carry out work for another PCBU. Types of PCBU's include: public and private companies partners in a partnership associations if they have one or more employees government departments and authorities universities cooperatives sole traders and self-employed people local government councils independent schools As a PBCU you must meet your obligations, so far as is reasonably practicable, to ensure the health and safety of workers and other people like clients and visitors. Officer - If a PCBU has a duty or obligation under this Act, an officer of the PCBU must exercise due diligence to ensure that the PCBU complies with that duty or obligation. Who are Officers? Any person who makes decisions, or participates in making decisions that affect the whole, or a substantial part, of a business or undertaking and has the capacity to significantly affect the financial standing of the business or undertaking. If a person is responsible only for implementing those decisions, they are not considered an officer. Worker - A worker is anyone who carries out work for a PCBU, suchas: an employee an employee of a labour hire a contractor or sub-contractor company an apprentice or trainee a student an employee of a contractor or gaining work experience sub-contractor an outworker a volunteer While at work, workers must: take reasonable care for their own health and safety, and take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons, and comply any reasonable policy, procedure or instructions given by the PCBU to allow the PCBU to comply with this Act.

3 Using your WHS Ready Reckoner: This document is best used as a checklist for you to compare current practices within your business/organisation against the requirements highlighted within. Be sure to check or otherwise highlight those items where the current practice within your business/organisation falls short of requirements, or needs further investigation. You can write or type your notes in the comments column below. Ref Key Requirements 1 MANAGEMENT COMMITMENT AND COMMUNICATION: Yes/No/ Comments Does the business have a current Work Health and Safety (WHS) policy in place? Are all directors, managers and others associated with the business fully aware of their obligations in relation to WHS? Have all Officers within the business been identified appropriately, and are they exercising due diligence to ensure the business is meeting its WHSobligations? Is there evidence available to demonstrate management commitment to WHS? (e.g. Statement of Commitment; clear allocation of time, budget and/or other resources to managing WHS) Does management clearly, effectively, and regularly communicate with all workers in relation to WHS matters? 2 CONSULTATION AND COMMUNICATION: Does the business have a clear and effective process in place to communicate, consult and coordinate with all workers in relation to WHS matters? Does everyone associated with the business know the difference between communication and consultation? Is there evidence available to demonstrate consultation/communication with workers on WHS matters? Are workers involved in decisions that may impact their work health and safety? (e.g. purchase of new plant and equipment) Is there an appropriate WHS Issue Resolution procedure? Have any other PCBUs that the business may need to consult with been identified? (e.g. contractors, fellow building tenants etc) 3 RISK MANAGEMENT: Are there processes and forms in place for reporting risks, hazards, incidents and injuries? Are there processes in place for investigating reports of risks, hazards, incidents, and injuries, including follow ups? Does the business have an emergency preparation and response policy and procedure in place? Is there evidence that this has been communicated to all workers and visitors? Are appropriate first aid supplies and trained workers available to administer first aid within the workplace, as and when required?

4 Are workplace inspections regularly undertaken? If yes, how often and by whom, and how is the information used to identify/address relevant issues? Are all appropriate control methods considered before issuing Personal Protective Equipment (PPE)? Are workers and relevant others provided with appropriate Personal Protective Equipment (PPE) as and when required? Are they trained in how to fit, wear, maintain and replace PPE? 4 SAFE WORK PROCEDURES (SWPs) OR SAFE WORK METHOD STATEMENTS (SWMS): Does the business have a current and active WHS Management System in place? Have all tasks performed within the business/workplace been assessed from a WHS risk perspective? Have Safe Work Procedures (SWPs) or Safe Work Method Statements (SWMSs) been developed and implemented, based on the WHS risks identified for tasks performed within the business/workplace? Is there evidence available to demonstrate how SWPs or SWMSs are developed and implemented within the workplace? Are workers involved in risk assessments and the development of SWPs or SWMSs? Are Risk Control methods implemented and reviewed? 5 TRAINING, COMPETENCY & SUPERVISION: Does WHS form part of your orientation/induction program for new workers? Are all visitors to the workplace adequately supervised and/or inducted into the workplace to ensure their and others safety? Does the business retain records of ALL WHS training for all workers, and is this information readily available? Do records include date and revision number? Are all workers suitably qualified to undertake the work they are engaged to perform, and does the business have a process in place to check/review necessary licences/ certifications? (e.g. trade certificates, drivers and forklift licences) Is the business able to provide evidence that relevant workers are trained in new or varied Safe Work Procedures and/or Safe Work Method Statements?

5 Ref Key Requirements 6 REPORTING SAFETY and RECORD MANAGEMENT: Yes/No/ Comments Are WHS records retained for at least 5 years? Does the business have hazard, incident, accident log books/forms in place? Is there a clear documented process in place to follow up on and manage WHS issues reported? Is management aware of the obligation to notify SafeWork NSW of fatalities, serious injuries, illnesses and dangerous incidents? If required, could the business provide evidence of reporting systems and/or records management relevant to WHS? 7 WORKERS COMPENSATION and RETURN TO WORK (RTW): Does the business have a current and appropriate Workers Compensation Insurance policy? Have workers been provided with information regarding injury reporting procedures and RTW plans and policies? Is there evidence that, as required, the business develops and implements RTW plans to assist injured workers to return to work as quickly as possible, including the provision of suitable work? Has a suitable person been delegated responsibility for managing workers compensation matters and Return to Work? Are all injury claims reported to the insurer within 48 hours, or as per the insurers and/ or legislative requirements? 8 CONTRACTORS: For all contractors engaged by the business, do you have a contract that clearly assigns them responsibility for all aspects of WHS in a manner consistent with the applicable laws - including the use of sub contractors? Are all contractors (or sub contractors) included in WHS orientation programs before they commence work with the business? Do you request and have contractors provide you with evidence of safety inspections and audits, and evidence that they retain adequate safety records? Is a procedure in place to manage contractor-related WHS matters, including an approval process and a record of approved contractors approved to work for the business? Are there agreed procedures for Hazardous Work? Permit To Work? And Hazardous Chemicals? Is there a process established for the Contractor to notify your business of all incidents they have on site? Process agreed for the Contractor to contact SafeWork NSW for Notifiable Incidents? Are there agreed procedures for communicating and managing Emergencies?

6 WHAT S NEXT? We hope that the information within this resource has been helpful. There are a number of options available to you as next steps to ensure you meet and / or maintain legislative requirements and effectively manage WHS risks within your business. Specifically, HR Success can assist you by: Completing a thorough WHS Risk Review a deep dive assessment and review of the WHS practices and processes within your business Developing tailored WHS policies, procedures and guidelines for your business, including managing contractors and other third parties Developing and implementing effective consultation mechanisms and processes Establishing an effective WHS management plan, including conducting risk assessments, developing safe work procedures, and assisting with the investigation and management of workplace accidents, hazards, incidents and near-misses Establishing effective record-keeping procedures, including managing training records Helping you to manage workers compensation matters and return to work plans You may also obtain support from: SafeWork NSW Your insurer or broker If you found this WHS Ready Reckoner to be of value, you may also be interested in our complimentary HR Ready Reckoner available via Free Templates and Tools in the Resources section of our website, or request a copy via support@hrsuccess.com.au. Do let us know if we can be of further assistance Greg Mitchell Principal Consultant/Owner Ph: support@hrsuccess.com.au Suite 4a, 111 Henry Street, Penrith NSW 2750 Please note: While information within this document is updated regularly, you should check to ensure you are accessing current, correct information. This resource is not exhaustive and may not cover all responsibilities that apply to you. It is based on Australian Federal and NSW legislation, provides general information only and you may need to seek support to ensure the individual circumstances are effectively accounted for. This and other information and support provided should not be regarded as legal advice.