Ensure a Safe Workplace

Transcription

1 Ensure a Safe Workplace National Unit of Competency BSBOHS509A Learner Guide BSB107 Version 5

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3 1. Learner Guide 1.1 Conditions of use This product is the property of the NSW TAFE Commission North Coast Institute of TAFE and its use is subject to the provisions of the Copyright Act. It is intended to be used by learners for study purposes. It may not be reproduced by whatever means or used or modified for the purpose of generating income through sale or licensing without the prior written permission of TAFE NSW North Coast Institute of TAFE. Any inquiries concerning use of the product, for purposes other than its stated intention, should be directed to: The Faculty Manager Business Services Faculty North Coast TAFE TAFE NSW PO Box 103 GRAFTON NSW 2460 Phone: Fax: Management Project Team North Coast TAFE Taree Campus Deborah Evans Reviewer December 2012 Belinda May Updated December 2012 Cole 5 th Edition Catherine Craig-Dobson - Writer June 2012 Marlene Masters Original Writer Julie Tickle Updated February 2009 Julie Tickle - Updated July 2010 to Cole 4 th Edition Robyn Apolony Administration Assistant, Updated June 2012 TAFE NSW North Coast TAFE Page 3 21 January 2013 BSB107 V.5 Cole 4 th and 5 th Edition, 2013

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5 Table of Contents 1. LEARNER GUIDE INTRODUCTION TO THE LEARNER GUIDE ABOUT THIS UNIT UNIT CONTENT ELEMENT ESTABLISH AND MAINTAIN A WHS SYSTEM FActs and Stats on Worker s Compensation Health and Safety Legislation in Australia Work Health Safety Authorities Definition of Roles WHS Policies and Procedures Responsibilities of Workers, PCBU and Officers ELEMENT ESTABLISH AND MAINTAIN PARTICIPATIVE ARRANGEMENTS FOR THE MANAGEMENT OF WHS Workplace opportunities for consultation ELEMENT ESTABLISH AND MAINTAIN PROCEDURES FOR IDENTIFYING HAZARDS, AND ASSESSING AND CONTROLLING RISKS WHS Management System Policy Element 3 continued Procedure Element 3 continued Hazard Element 3 continued Hazard inspections Preventing Accidents Hazard identification Likelihood and consequences the balancing act Hierarchy of controls Auditing risk control measures ELEMENT ESTABLISH AND MAINTAIN A QUALITY WHS MANAGEMENT SYSTEM The Components of an OHS (WHS) Management System Development of WHS Policy HOW TO APPROACH STUDY IN THIS UNIT GLOSSARY TAFE NSW North Coast TAFE Page 5 21 January 2013 BSB107 V.5. Cole 4 th and 5 th Edition, 2013

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7 2. Introduction to the Learner Guide Welcome to the Learner Guide for Ensure a Safe Workplace. This Learner Guide has been designed to assist the development of the underpinning knowledge and skills required to complete this module. Ensure a Safe Workplace (BSBOHS509A) As you work through this Learning Guide you will notice that the information and activities have been designed to assist you achieve workplace competence in a range of criteria. These activities will require you to examine, establish or change practices, policies or approaches that you have been using in your workplace. The Guide is not a training program, it cannot, by itself provide you with all of the knowledge, skills and attitudes needed to demonstrate competency. This is achieved by applying what you have learnt in the workplace. Unit of competence Major functions, activities of skill group for the job. Element of competency Breakdown of the unit of competence into smaller building blocks of descriptions of what an employee can do in output terms. Performance criteria Statements that specify the standards of performance required used by workplace assessors to judge whether the unit and elements have been performed to the standard requirement. Assessment Is the process of collecting evidence and making judgements on whether the unit has been achieved. TAFE NSW North Coast TAFE Page 7 21 January 2013

8 2.1 Icon Legends Pre-reading Reading Activities Introduction Overview References Assessment TAFE NSW North Coast TAFE Page 8 21 January 2013

9 3. About this Unit 3.1 Unit Descriptor This unit describes the performance outcomes, skills and knowledge required to establish, maintain and evaluate the organisation's work health and safety (WHS) policies, procedures and programs in the relevant work area in accordance with WHS legal requirements. Please note that the initials OHS (Occupational Health and Safety) have been updated to WHS (Work Health and Safety) to reflect the change in legislation that occurred in Elements of Competency and Performance Criteria Element 1 Establish and maintain an OHS (WHS) system. Performance criteria 1.1 Locate and communicate OHS (WHS) policies which clearly express the organisation's commitment to implement relevant OHS (WHS) legislation in the enterprise. 1.2 Define OHS (WHS) responsibilities for all workplace personnel in accordance with OHS (WHS) policies, procedures and programs. 1.3 Identify and approve financial and human resources for the effective operation of the OHS (WHS) system. Element 2 Establish and maintain participative arrangements for the management of OHS (WHS). Performance criteria 2.1 Establish and maintain participative arrangements with employees and their representatives in accordance with relevant OHS (WHS) legislation. 2.2 Appropriately resolve issues raised through participative arrangements and consultation. 2.3 Promptly provide information about the outcomes of participation and consultation in a manner accessible to employees. TAFE NSW North Coast TAFE Page 9 21 January 2013

10 3.2 Learning Outcomes and Assessment criteria continued Element 3 Establish and maintain procedures for identifying hazards, and assessing and controlling risks. Performance criteria 3.1 Develop procedures for ongoing hazard identification, and assessment and control of associated risks. 3.2 Include hazard identification at the planning, design and evaluation stages of any change in the workplace to ensure that new hazards are not created by the proposed changes. 3.3 Develop and maintain procedures for selection and implementation of risk control measures in accordance with the hierarchy of control. 3.4 Identify inadequacies in existing risk control measures in accordance with the hierarchy of control and promptly provide resources to enable implementation of new measures. 3.5 Identify intervention points for expert OHS (WHS) advice. Element 4 Establish and maintain a quality OHS (WHS) management system. Performance criteria 4.1 Develop and provide an OHS (WHS) induction and training program for all employees as part of the organisation's training program. 4.2 Utilise systems for OHS (WHS) record keeping allowing identification of patterns of occupational injury and disease in the organisation. 4.3 Measure and evaluate the OHS (WHS) system in line with the organisation's quality systems framework. 4.4 Develop and implement improvements to the OHS (WHS) system to achieve organisational OHS (WHS) objectives. 4.5 Ensure compliance with the OHS (WHS) legislative framework so that legal OHS (WHS) standards are maintained as a minimum. TAFE NSW North Coast TAFE Page January 2013

11 4. Unit content Recommended Textbook Cole, Kris Management Theory and Practice, 4th Edition, Pearson Prentice Hall, 2010, ISBN OR Recommended Textbook Cole, Kris Management Theory and Practice, 5e, 5 th Pearson Prentice Hall, 2013, ISBN Edition SafeWork Australia Guide to the Work Health and Safety Act, October ELMO Learning Free Online Learning Materials, - ELMO Learning's WHS Harmonisation training at Username WHS Password ELMO NOTE: Change to Federal and NSW Legislation New Work Health and Safety (WHS) laws were introduced in Australia on 1 January 2012 as a result of a comprehensive national review into work health and safety laws across Australia. Safe Work Australia was established as an independent statutory body to compose the model Work Health Safety (WHS) Act which forms the basis for each of the States and Territories to develop their individual Work Health & Safety Acts. On 1 January 2012, the Work Health and Safety Act 2011 and the Work Health and Safety Regulations 2011 took effect and replaced: the Occupational Health and Safety Act 1991 the Occupational Health and Safety (Safety Standards) Regulations 1994 the Occupational Health and Safety (Safety Arrangements) Regulations WorkCover is an organisation which is set up within each state which promotes safety through public awareness programs, education and communication. WorkCover within each state has the power to prosecute individuals and companies who fail to meet their workplace health and safety responsibilities as well as provide support to injured workers to remain at work or return to work after injury. WorkCover enforces: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011 The Codes of Practice TAFE NSW North Coast TAFE Page January 2013

12 NOTE: Change to Federal and NSW Legislation continued The new Work Health and Safety laws may change the way work health and safety is managed in the workplace, but the basics of keeping your workplace safe will remain. The basics of keeping your workplace safe by forming a WHS Management System include: Management commitment Consultation Management of risk Training and instruction Reporting safety Return to work and worker s compensation Every person conducting a business or undertaking (PCBU - the new term that includes employers) should ensure the ongoing management of work health and safety matters is done effectively. (Source: fault.aspx accessed 2 May 2012) List of State/Territory WorkCover Authorities Area Name of Authority Website Address ACT Worksafe ACT NSW WorkCover NSW NT NT WorkSafe QLD WorkCover QLD SA WorkCover SA TAS WorkCover Tasmania VICT WorkSafe Victoria WA WorkCover WA (Table 1 Source: Long, M., Aitken J., Seddon C & Torres. A, (2012), Professional Practice & Work Health Safety 5th Ed. Better Teams Publications, Sydney) TAFE NSW North Coast TAFE Page January 2013

13 Element 1 Establish and maintain a WHS system. 1.1 Locate and communicate WHS policies which clearly express the organisation's commitment to implement relevant WHS legislation in the enterprise FACTS AND STATS ON WORKER S COMPENSATION Why do we need to have WHS policies and procedures? The answer lies in the facts and statistics which follow on the cost to Employers, Employees, the Australian Government and the social impacts of Worker s Compensation claims which arise as a result of the lack of knowledge and awareness with organisations. The Worker s Compensation Data report Work-related injuries in Australia: Who did and didn't receive workers' compensation in published on 4 th January 2012, revealed the following statistics: Of 12 million workers during , 638,400 experienced a workrelated injury or illness - equating to 5.3%. This proportion represents a decrease from 6.4% in ,500 employees were injured while working which is a slight fall on the 570,700 who incurred an injury while working in (Table 1). This equates to a fall in the incidence rate from 65 injuries per 1000 employees in to 58 in Table 1: Employees with a work-related injury: workers compensation status, and Number of injuries Percentage Workers compensation status Applied for workers compensation % 43% Received workers compensation % 38% Did not receive workers % 5% Did not apply for workers % 57% Total injured employees % 100% (Work-related injuries in Australia: Who did and didn't receive workers' compensation in , sited at SafeWork Australia on 11 December 2012) TAFE NSW North Coast TAFE Page January 2013

14 1.1 Locate and communicate WHS policies which clearly express the organisation's commitment to implement continued The Work-Related Traumatic Injury Fatalities Report compiled by SafeWork Australia revealed: 374 people died in Australia from a work-related traumatic injury. Of these, 220 (59%) were injured at work (Worker fatalities); 110 (29%) while travelling to or from work (Commuter fatalities) and 44 (12%) as a bystander to someone else s work activity (Bystander fatalities). The 220 Worker fatalities in equates to a fatality rate of 1.93 deaths per workers. This is the lowest number of fatalities and the lowest fatality rate since the series began eight years ago. (Work-Related Traumatic Injury Fatalities ), SafeWork Australia, December 2012, viewed on 11/12/2012 at < Types of Accidents Table 2 shows the proportion of injured employees who applied for workers compensation increased with time lost from work from 23% of injured employees who took no time off work to 73% of injured employees who took 5 or more days off work in TAFE NSW North Coast TAFE Page January 2013

15 1.1 Locate and communicate WHS policies which clearly express the organisation's commitment to implement continued Table 2: Work-related injuries incurred by employees: workers compensation status by time lost from work, or more Workers compensation status No time lost Up to 4 days days Number of injuries Total Applied for workers compensation Did not apply for workers compensation Minor injury / too much effort * Not covered / not eligible Negative impact on employment 6 300* 5 500* 6 100* Other reason Total Percentages Applied for workers compensation 23% 46% 73% 43% Did not apply for workers compensation 77% 54% 27% 57% Minor injury / too much effort 53% 30% 3% 33% Not covered / not eligible 9% 8% 11% 9% Negative impact on employment 3% 3% 4% 3% Other reason 12% 13% 9% 11% Total 100% 100% 100% 100% * Estimate has an RSE of 25% to 50% and should be used with caution (Table 2 Source: Work Related injuries in Australia who did and didn't receive workers compensation , WorkSafe Australia) The objective of Work Health and Safety policies and procedures is to promote and facilitate a safe working environment with safe methods of work aimed at preventing loss, injury and disease to both employees and organisations at large. Policies and procedures are based on work health and safety legislation. HEALTH AND SAFETY LEGISLATION IN AUSTRALIA Acts The Act contains a set of principles and philosophy of care applying to employers and self-employed persons: Prior to 2012 the Occupational Health and Safety Act (NSW) 2000 was the governing Act From 12 January 2012 the Work Health and Safety Act 2011 (WHS Act) will apply TAFE NSW North Coast TAFE Page January 2013

16 1.1 Locate and communicate WHS policies which clearly express the organisation's commitment to implement continued Note: Safe Work Australia is the national policy setting body on work health and safety. The Commonwealth and each State and Territory will be responsible for enacting their own Act governing work, health and safety which must conform to the Model Work Health Safety Act prescribed by Safe Work Australia. So the model Act will be mirrored in all jurisdictions, subject to any local variation. Regulations The WHS Regulations specify the way in which some duties under the WHS must be met and prescribes the procedure and administration requirements to support the WHS Act (for example requiring licences for specific activities and the keeping of records). Prior to 2012 the Occupational Health and Safety Regulations 2001 were the governing Regulations From 12 January 2012 the Work Health and Safety Regulations 2011 apply Codes of Practice Codes of Practice provide more detailed information and practical guidance on how to meet the standards set out in the WHS Act and WHS Regulations through activities, actions, technical requirements, responsibilities or responses to events or conditions where work occurs. Compliance with Codes of Practice is not mandatory however they provide a minimum standard, wherein an organisation may adopt an equivalent or higher standard of work health and safety than is suggested by the Code of Practice. WORK HEALTH SAFETY AUTHORITIES Safe Work Australia Safe Work Australia is a national policy setting body whose key role is to improve work health and safety and workers compensation arrangements across Australia. Safe Work Australia has the primary function of advising on and promoting model work health safety laws in consultation and collaboration with all States and Territories. Comcare Australia Comcare Australia focuses on the health and safety of all workers in the Australian Public Service. TAFE NSW North Coast TAFE Page January 2013

17 1.1 Locate and communicate WHS policies which clearly express the organisation's commitment to implement continued Comcare s four key functions are to: 1. Develop and distribute WHS information to employees and employers 2. Ensure that public service activities are conducted according to the Commonwealth Act for WHS. 3. Provide advice on the care of those injured by workplace accidents 4. Compensate injured public servants. In addition to its role within the public service, Comcare has a key responsibility to advise the Minister for Employment and Workplace Relations on related issues. 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures The endorsed codes of practice are: Confined spaces Hazardous manual tasks How to consult on work health and safety How to manage and control asbestos from the workplace How to manage work health and safety risks How to prevent falls at workplaces How to safely remove asbestos Labelling of workplace hazardous chemicals Managing noise and preventing hearing loss at work Managing the work environment and facilities Preparation of safety data sheets for hazardous chemicals Australian Standards Australian Standards provide details of how to comply with Regulations and Codes of Practice. The National Occupational Health and Safety Commission (NOHSC) established seven priority standards relating to: Storage and handling of dangerous goods Manual handling Certification of operators of dangerous equipment Certification of operators of dangerous plant Noise Hazardous substances; and Major hazardous facilities. TAFE NSW North Coast TAFE Page January 2013

18 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Between them these seven standards address 65-80% of all compensated occupational injuries and diseases. They are non-prescriptive models detailing not what to do but focusing on the desired outcome, or standard to be achieved The intent of the legislation is clear: to stop accidents. Organisations must find their hazards and manage them in a way to minimise the risk. To this end, organisations have their systems that hinge off the OHS ACT 2000 and OHS Regulations 2001 and the new WHS The Components of the WHS Management System The model that Cole (2013) uses to describe the employer s responsibility also displays the essential components of a WHS Management System i.e. management commitment, consultation, hazard and risk management, training; return to work, workers compensation and policies and procedures. (Source: Cole, K 2013, Management Theory and Practice, 5 th Edition, Pearson Australia, p. 902; 2009, 4 th Edition, p. 1014) TAFE NSW North Coast TAFE Page January 2013

19 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Communicating Safety Policies and Procedures to Staff The knowledge of health and safety policies and procedures needs to be complimented by the active participation in health and safety issues by all staff. To enable participation, employees must be made aware of specific information regarding WHS. This would include: The health and safety policy, including an explanation of the roles and responsibilities Introduction to key people in the organisation such as health and safety representatives, first aid officer or union delegate, and have their roles and responsibilities explained Information, instruction and training on hazards and risks specific to the job and how to do the job safely. This includes an explanation of safe work procedures. Training in the safe use and storage of personal protective equipment Training in the safe use and storage of hazardous substances, including material safety data sheets Procedures for reporting an incident. Be shown what forms are to be completed, who they are given to and where to find them. Emergency procedures and the location of emergency exists and fire extinguishers First aid facilities, equipment, procedures and the name of the first aid officer Workers compensation and rehabilitation procedures and forms Reading Legislative Framework - Cole, Kris Management Theory and Practice, 4th edition, Pearson Education Australia Chapter 28 Ensuring a Safe and Healthy Workplace, pages Legislative Framework - Cole, Kris Management Theory and Practice, 5th edition, Pearson Australia Chapter 28 Ensuring a Safe and Healthy Workplace, pages ; TAFE NSW North Coast TAFE Page January 2013

20 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Activity - To become aware of the new national/commonwealth legislation use the Websites below: ( and ) View - ELMO Learning's WHS Harmonisation training at Username: WHS Password ELMO For your particular State or Territory, you should visit the relevant WorkCover/WorkSafe website for your own State or Territory a List of these websites is provided at page 12 of this Learner Guide. Each State & Territory website contains a list of instructional presentations which will support your learning throughout this Learner Guide. The new laws introduce a number of significant changes relevant to each State and Territory, including: A focus on cause and effect giving prominence to the duties of care, Consultation and representation Moving away from the employment relationship as the basis of obligations to ensure all who are involved in work being done will have a duty of care; no loop-holes or gaps Enhanced protection against discrimination, coercion, inducement and misrepresentation that prevent a person from being involved in WHS Broadened rights for representation and rights of representatives including preserving union right of entry to workplaces Provision for graduated enforcement, with alternative options for improvement in health and safety Significant increases in the maximum fines and the introduction of categories of offence (Source: pletetrainerscourse.aspx) TAFE NSW North Coast TAFE Page January 2013

21 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Person Conducting a Business or Undertaking Person Conducting a Business or Undertaking (PCBU) has replaces the term employer and is the main duty holder under the WHS Act. The PCBU is usually the employer however may also be a partnership, company, unincorporated body or association, a sole trader, a government department or statutory authority. A self-employed person and a controller of a premise or even a volunteer organisation will also be a Person Conducting a Business or Undertaking and will therefore have the same obligations. The primary duty of care will require persons conducting a business or undertaking (PCBUs) to, so far as is reasonably practicable, ensure the health and safety of workers and others who may be affected by the carrying out of work. The concept of the worker also has been broadened to someone who carries out work for a PCBU in any capacity (including a volunteer or contractual worker). Reasonably Practicable This term is used to qualify or limit some work health safety duties. With work health and safety if something is reasonably practicable it means it is, or was at a particular time, reasonably able to be done, taking into account: The likelihood of the hazard or the risk concerned occurring The degree of harm that might result from the hazard or the risk What the person concerned knows, or ought reasonably to know, about the hazard or risk, and ways of eliminating or minimising the risk The availability and suitability of ways to eliminate or minimise the risk, and The cost of eliminating or minimising the risk. (Safe Work Australia Key Terms, sited on 14 December 2012 at < View WorkCover NSW Module on PCBU and Module on Reasonably Practicable Test rassociationcompletetrainerscourse.aspx The information contained in this module whilst specific to NSW has additional generic information which is relevant to other States & Territories; however you should visit the WorkCover, SafeWork website for your state or territory to confirm any specific regulations. TAFE NSW North Coast TAFE Page January 2013

22 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Duty of Care and Duty of Diligence The WHS Act details: Workers have an express duty to take reasonable care of themselves while at work Others, although they have limited control, are also required to take reasonable care when at a place of work. Others include persons at the workplace other than workers or other PCBUs, such as visitors, customers, clients, passers-by, relatives and associates of workers and trespassers PCBUs will have to consult more directly and widely with both workers and other PCBUs who they interact with at a workplace. Due Diligence The WHS Act clearly defines what officers are expected to do in order to exercise due diligence. S27 of the Act states due diligence includes taking reasonable steps: To acquire and keep up-to-date knowledge of work health and safety matters To gain an understanding of the hazards and risks associated with business operations To ensure the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks To ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information To ensure the business or undertaking has, and implements, processes for complying with any duty or obligation of the PCBU under the Act, and to verify the provision and use of the above resources and processes View WorkCover NSW Module on Duty of Officers and Workers ciationcompletetrainerscourse.aspx The information contained in this module whilst specific to NSW has additional generic information which is relevant to other States & Territories, however you should visit the WorkCover, SafeWork website for your state or territory to confirm any specific regulations (Websites listed on page 12 of this Learner Guide) TAFE NSW North Coast TAFE Page January 2013

23 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Communication Process - The OHS Representative will be replaced by the Health and Safety Representative with increased functions. Provisional Improvement Notices - Elected Health and Safety Representatives (HSR) can issue Provisional Improvement Notices under certain conditions. Risk Assessments - The requirement to undertake risk assessments has been removed with a greater focus placed on getting the appropriate risk controls in place rather than on paperwork. Risk Assessments are mandated in the Regulation for some high risk activities. Union Entry - Unions can apply for a WHS entry permit that allows them to enter workplaces to inquire about suspected breaches and consult with workers. Protection - There are enhanced protection for workers who raise WHS issues and those in commercial arrangements against discrimination, coercion, inducements or the misrepresentation of powers. Onus of Proof - The reverse onus of proof in current NSW OHS law will be replaced with the prosecution having to prove that the PCBU or the individual being prosecuted did not do everything reasonably practicable to prevent the contravention. Penalties - The range of Penalty options has been extended to allow penalties to be imposed in direct response to the severity of the breach and include injunctions, remedial action and enforceable undertakings along with the more traditional existing penalties. Any one or a combination of these penalties may be imposed. TAFE NSW North Coast TAFE Page January 2013

24 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Figure 1Compliance & enforcement tools. Source: Safe Work Australia < View WorkCover NSW Module on Consultation; HSRs and Union Involvement: oyerassociationcompletetrainerscourse.aspx The information contained in this module whilst specific to NSW has additional generic information which is relevant to other States & Territories; however you should visit the WorkCover, SafeWork website for your state or territory to confirm any specific regulations (listed websites at page 12 of this Learner Guide). TAFE NSW North Coast TAFE Page January 2013

25 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Definition of Roles Directors and Managers have been replaced with the term Officers as defined by the Corporations Act Officers of PCBUs have a duty to exercise due diligence to ensure compliance obligations are met. The OHS Representative will be replaced by the Health and Safety Representative with increased functions. The WHS Act says a HSR means in relation to a worker, the health and safety representative elected for the work group of which the worker is a member. OHS Committees will be known as Health and Safety Committees with similar functions Union officials can apply for a WHS entry permit that allows them to enter workplaces to inquire about suspected breaches and consult with workers and will be referred to a WHS Entry Permit Holders. The WHS Act clearly defines the roles positions within the workplace. PCBU S5 of the WHS Act details the meaning of a business or undertaking For the purposes of the WHS Act, a business or undertaking is taken to mean activities carried out by, or under the control of, a person: (a) (b) Whether the person conducts the business or undertaking alone or with others. Whether or not the business or undertaking is conducted for profit or gain. (2) Includes a business or undertaking conducted by a: a) Partnership; or b) An unincorporated association; or c) A self-employed person; or d) A Government agency; or A person does not conduct a business or undertaking when: The person is engaged solely as a worker in, or as an officer of, that business or undertaking The person is acting in the capacity of an elected member of a local government authority If the Regulation prescribes TAFE NSW North Coast TAFE Page January 2013

26 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued A person conducting a business or undertaking must ensure, so far as is 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. Others Others include persons at the workplace other than workers or other PCBUs, such as visitors, customers, members of the public. The important concept in relation to others is the definition of workplace and may therefore not only include traditional workplaces like factories, construction sites and offices but is extended to include roads, parks, homes, hotels, airports, shopping centres. Workplace Section 8 of the Act defines a workplace as a place where work is carried out for a business or an undertaking. This includes anyplace where a worker goes, or is likely to go while at work. Place includes: (a) (b) A vehicle, vessel, aircraft or other mobile structure; and Any waters and any installation on land, on the bed of any waters or floating on any waters. Health Safety Representatives (HSR) HSRs are elected by workers to represent them in relation to WHS in the workplace and are conferred with various rights and powers to enable them to effectively undertake this role. An HSR must complete a course of prescribed training before they may exercise some of these powers, namely the power to issue a provisional improvement notice (requiring a person conducting a business or undertaking to remedy or prevent a contravention of the WHS Act) or to direct that unsafe work cease (if there is reasonable concern that the work would expose a worker to a risk to health or safety). Regulation 21 of the WHS Regulations provides that an HSR is entitled to attend an initial training course of five days and one day s refresher training each year. HSRs who had completed training under the repealed OHS Act may attend a shortened bridging course as an alternative to the initial five days of training. (Explanatory Statement: Select Legislative Instrument 2012 No. 218 Issued by the authority of the Minister for Employment and Workplace Relations, sited on 13 December 2012 at < TAFE NSW North Coast TAFE Page January 2013

27 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Work Group A workgroup, while not specifically defined, means a group of workers as determined by negotiation between the PCBU and the workers who will form the workgroup. View WorkCover NSW Module 3 on Terminology: Pages/employerassociationcompletetrainerscourse.aspx WHS Policies and Procedures As part of a WHS Management System, medium to large organisations will have a WHS Manual that contains all the policies and procedures relating to WHS; it may also contain hazard identification checklists and other types of reports that are required to be kept. A policy is a statement about an issue and says what the organisation plans to do about the issue. A procedure is a written instruction that sets out the how of the policy. Usually step-by-step and includes: 1. Action or task. 2. Description of action. 3. Standards. 4. Who is responsible? 5. Safety requirements. Examples of WHS Policy and Procedures include: WHS Policy Workers compensation Rehabilitation Accident investigation Reporting of serious/critical injuries Hazard identification WHS induction Injury reporting Training and skills development Risk assessment Employee Assistance Program TAFE NSW North Coast TAFE Page January 2013

28 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Examples of Safe Work Procedures include: Manual handling Slips, trips and falls Noise procedure First aid procedure Emergency and evacuation procedures Electrical safety procedure Chemical handling procedure Drug and Alcohol procedure Personal protective procedure and so on Every aspect of the work that has a potential of having a safety hazard/issue is required to have a procedure in place as part of the risk management process. Activity The Australian National Training Authority, Frontline Management: Ensure a Safe Workplace, Pearson Prentice Hall, page 75 Exercise 1.1-2: Develop WHS Policies The philosophy you have developed will form the ethical framework for your policy development. It is vital that you also adhere to the legislative framework. As a manager you should already be aware of the relevant legislation and codes of practice for your state or territory. You may, however, need to reacquaint yourself with these as you begin policy development. It is vital that your policies demonstrate your organisation s commitment to implement the relevant WHS legislation. Use the following process: Check your current WHS policies Do they comply with legislative requirements? Identify the WHS factors for which a policy is required for your organization TAFE NSW North Coast TAFE Page January 2013

29 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Exercise 1.1-2: Develop WHS Policies continued a. Choose two of these and write a policy for each factor. Ultimately, for your system to be effective you will need to develop policies for all identified factors. N.B. For the purpose of this activity you will need to develop at least two policies. Refer to the end of this activity for policy writing tips. b. Create a file in a display folder or similar. Include the philosophy and policies that you have developed. c. Add some pages for jotting down other useful ideas for your system. Reading Policies and Procedures - Cole, Kris Management Theory and Practice, 4th edition, Pearson Education Australia Chapter 28 Ensuring a Safe and Healthy Workplace, pages Cole, Kris Management Theory and Practice, 5th edition, Pearson Education Australia Chapter 28 Ensuring a Safe and Healthy Workplace, pages Identify and approve financial and human resources for the effective operation of the WHS system In order for a WHS system to function effectively as an integrated working whole it must be supported by effective management of both financial and human resources. As a manager it is your role to ensure that these are identified and provided. Strong financial support for WHS has many benefits. It demonstrates, in a tangible way, the strength and integrity of the commitment your organisation makes to its employees. When the workforce feels supported in this way, employee confidence is increased and morale is more likely to be high with obvious ongoing benefits in terms of quality and productivity. In a nutshell, if you demonstrate you genuinely care for people s wellbeing they are more likely to care about you and the collective vision of the organisation. (Source: The Australian National Training Authority, Frontline Management: Ensure a Safe Workplace, Pearson Prentice Hall, 2004) TAFE NSW North Coast TAFE Page January 2013

30 1.3 Identify and approve financial and human resources for the effective operation of the WHS system Procedures don t work if people don t know about them. Once risk procedures have been developed to include work activities, employees need to know about them. Training of employees will aid: Development of common understanding of the organisations WHS Goals and requirements Education of employees Participative arrangements among the workforce Responsibilities of Workers, PCBU and Officers Workers Under the WHS Act, a worker is broadly defined to mean a person who carries out work in any capacity for a business or undertaking and includes employees, outworkers, apprentices, trainees, students gaining work experience, volunteers, contractors or subcontractors and their employees Section 28 of the Model WHS Act 2011 describes the obligations of a worker: While at work, a worker must: (a) (b) (c) (d) Take reasonable care for his or her own health and safety; and Take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and Comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; and Co-operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers. Persons Conducting a Business or Undertaking (PCBU) Legislation specifies persons conducting a business or undertaking (PCBU) have a duty of care. This means they are responsible for the health and safety of all persons on site and they have a duty to ensure that the workplace is safe. TAFE NSW North Coast TAFE Page January 2013

31 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued The major duties and obligations of a PCBU to their employees include: Providing and maintaining safe equipment and systems of work Providing a safe and healthy working environment, including adequate welfare facilities Providing the required information in regard to potential hazards in addition to all necessary information, instruction and training to employees to enable them to conduct their work in a safe manner Monitoring the wellbeing and health of employees Having appropriate reporting and record keeping procedures in place. (Long, M, et al. 2011) Officers Any officer of an organisation, volunteer or paid, must exercise due diligence to ensure that the organisation complies with its health and safety duties. This means they must ensure that the organisation has appropriate systems of work in place and they must actively monitor and evaluate health and safety management within the organisation. Exercising due diligence as an officer means that officers must take reasonable steps to: Continuously learn about and keep up to date with work health and safety matters Have an understanding of the nature of the work the organisation does and stay aware of the risks workers and volunteers may face when working for the organisation Ensure and verify that the organisation has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety Ensure and verify the organisation has processes in place for communicating and considering information regarding work health and safety and responding to that information, and Ensure and verify the organisation has, and implements, processes for complying with any duties and requirements under work health and safety (WHS) law. TAFE NSW North Coast TAFE Page January 2013

32 1.2 Define WHS responsibilities for all workplace personnel in accordance with WHS policies, procedures continued Activity : Understanding Workplace Responsibilities There are specific WHS responsibilities attached to the various levels within the organisational hierarchy. Describe the responsibilities of the following levels within your workplace and which role then fall within the WHS Legislation (Workers, PCBU, Officers). (i) Senior Management: (ii) Manager and supervisor: (iii) Employee: TAFE NSW North Coast TAFE Page January 2013

33 Element 2 Establish and maintain participative arrangements for the management of WHS. A WHS system can only operate effectively if the workforce is kept fully informed of the system and its operational procedures. Consultations with all employees will ensure that information sharing has depth and meaning. Recording and communicating the outcomes of consultation must be considered as an integral aspect of the whole consultation process. This must be an ongoing process and not just a final tacking on and signing off exercise. It is of vital importance that your work team is kept informed for two significant reasons: They may be required to modify workplace practices as a result of decisions made during consultation, so naturally they need to know what is expected of them The psychological health of the work team is equally as important as their physical health. This relies on your team feeling respected and listened to and on them knowing that action has been taken as a result of consultation. Good channels of communication are a sign of a mature work environment. There is no comfort in playing a guessing game! Competent and efficient recording of outcomes serves the important purpose of ensuring that there is a point of referral if a dispute occurs. These records will indicate how the issue was handled. Consultation is a central feature of risk management because involving the people who do the work in identifying hazards and deciding how to control risks is the most effective way to manage workplace health and safety. These people know the job, know what is needed to make the job safe, know the production process, and know how best to solve problems so that hazards are eliminated or controlled. TAFE NSW North Coast TAFE Page January 2013

34 (Figure 2 Source: Managing Risks to Health & Safety at the Workplace Fact Sheet, Safe Work Australia) WORKPLACE OPPORTUNITIES FOR CONSULTATION An organisation s normal work practices provide a large number of opportunities for employers to consult their workforce to identify improvement areas. These may include: Changes to work safety procedures or conditions Design and implementation of training and induction programs Assessment of the safety environment Determination of accident and risk potential Assessment of employee health and fitness Implementation of safety rules and procedures Increase employee safety awareness Assessment of safety conditions TAFE NSW North Coast TAFE Page January 2013

35 Element 2 continued. Sources for workplace consultation Employers can use a wide range of activities to consult with employees on WHS practices and issues. These may include: Forums Brainstorming Formal meetings Informal meetings Health and Safety committees Health and Safety representatives Benefits of consultation in management of risks Through consultation with employees, employers can become more aware of workplace hazards and the potential risks faced. It provides employees with the opportunity to provide suggestions about how to solve health and safety problems, and how work can be undertaken safely. Benefits include: Reinforcement of management commitment to WHS policies Increased buy in from staff toward solutions Increased staff commitment to health and safety policies and procedures Generation of more ideas for risk management Empowerment of individuals Reading Consultation - Cole, Kris Management Theory and Practice, 4th edition, Pearson Education Australia Chapter 28 Ensuring a Safe and Healthy Workplace, pages Cole, Kris Management Theory and Practice, 5th edition, Pearson Australia Chapter 28 Ensuring a Safe and Healthy Workplace, pages TAFE NSW North Coast TAFE Page January 2013

36 2.1 Establish and maintain participative arrangements with employees and their representatives in accordance with relevant WHS legislation A safe workplace is more easily achieved when employers and workers talk to each other about potential problems and work together to find solutions. That s why the existing law requires employers to consult employees on health and safety matters. The WHS Act extends the requirements for consultation on health and safety matters. (Source: WorkCover NSW, 2011) Under the OHS Act 2000 the employer had a legal duty to: Consult with employees on any matter with potential to affect health and safety Consult before changes are made that may affect employees health and safety and in other prescribed instances Have an agreement with employees about the way you will consult Via OHS Reps, OHS Committees, combination of both or agreed format Consult in meaningful way providing opportunity for employees to express views and have input into OHS decisions While many of the provisions in the WHS Act have been taken directly from the NSW OHS Act 2000, there are some important differences. The new WHS Act Section 47 extends the requirements for consultation and says that PCBU s must, so far as 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. This includes self-employed subcontractors (who are workers of the PCBU, but may be a PCBU in their own right) as well as the employees of subcontractors, labour hire personnel, volunteers, etc. In determining what workers may be directly affected by a WHS matter you need to think beyond your actual workplace and beyond your actual workforce. (WorkCover 2011). Activity View WorkCover NSW -Module 7- Consultation employerassociationcompletetrainerscourse.aspx The information contained in this module whilst specific to NSW has additional generic information which is relevant to other States & Territories; however you should visit the WorkCover, SafeWork website for your state or territory to confirm any specific regulations. TAFE NSW North Coast TAFE Page January 2013

37 2.1 Establish and maintain participative arrangements with employees and their representatives continued Effective Consultation can be described as ensuring the following: Agreed procedures are followed and documented Relevant Health and Safety Representative is involved in the consultation process where one exists Relevant information about the matter is shared with workers Workers are given an opportunity to: express views; raise WHS issues and contribute to decision making Views of workers are taken into account by PCBU Workers advised of outcomes in a timely manner The WHS Act states that consultation is required when: Identifying hazards and assessing risks Making decisions about how to eliminate and 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 conditions of workplace - Information and training Methods of Consultation The WHS Act allows some flexibility in establishing consultation arrangements to best suit the consultation needs of the workers at the workplace. Health and safety representatives (HSRs) replace elected OHS Representatives and have expanded powers. HSRs and Deputy HSRs can be elected to represent various work groups and investigate health and safety issues. A health and safety committee (HSC) previously called OHS Committees can be established: If requested by the HSR, or If requested by five or more workers, or On the initiative of the PCBU (includes employers) TAFE NSW North Coast TAFE Page January 2013