OH&S LegislationOH&S Legislation Occupational Health & Safety Act Occupational Health & Safety Act

(2004) - Victoria(2004) - Victoria Common Law – duty of care (places into a Common Law – duty of care (places into a

legal form a moral duty to anticipate legal form a moral duty to anticipate possible causes of injury and illness and to possible causes of injury and illness and to do everything reasonably practicable to do everything reasonably practicable to remove or minimise these possible causes remove or minimise these possible causes of harm)of harm)

Includes shared responsibilities for Includes shared responsibilities for ensuring the health and safety of a learner ensuring the health and safety of a learner in a learning and/or assessment in a learning and/or assessment environmentenvironment

OH&S ChangesOH&S Changes

Most significant change to the 2004 Most significant change to the 2004 Act (previously 1985) – consultation Act (previously 1985) – consultation – based on the concept that those – based on the concept that those who are exposed to the risk are who are exposed to the risk are often not those who make the often not those who make the decisions about OHSdecisions about OHS

Gave everyone duty of care responsibilities

OHS legislative & common law OHS legislative & common law frameworkframework

OHS Act – each state or territory has its OHS Act – each state or territory has its own Act governing how occupational own Act governing how occupational health and safety is to be addressedhealth and safety is to be addressed

Regulations – each state or territory has a Regulations – each state or territory has a range of OHS regulations that provide range of OHS regulations that provide more specific rules that MUST be followed more specific rules that MUST be followed for a range of OHS issues or hazardsfor a range of OHS issues or hazards

Codes of Practice – developed in all states Codes of Practice – developed in all states and territories and provide information on and territories and provide information on how to comply with the rules set out in how to comply with the rules set out in Regulations – codes of practice are not Regulations – codes of practice are not rules, but should be followedrules, but should be followed

OHS legislative & common law OHS legislative & common law framework cont…framework cont…

Australian Standards and recognised Australian Standards and recognised industry standards – have less authority industry standards – have less authority than codes of practice - guidance tools, than codes of practice - guidance tools, benchmarks, recommended minimum benchmarks, recommended minimum industry standardsindustry standards

Guidance material – produced by a range Guidance material – produced by a range of government and other bodies including of government and other bodies including the the Australian Safety and Compensation Council (ASCC) – formally National Occupational Health & Safety Commission (NOHSC)

Acts & Regulations The Act

The Occupational Health and Safety Act 2004 (the Act) is the cornerstone of legislative and administrative measures to improve occupational health and safety in Victoria.

The Act sets out the key principles, duties and rights in relation to occupational health and safety. The general nature of the duties imposed by the Act means that they cover a very wide variety of circumstances, do not readily date and provide considerable flexibility for a duty holder to determine what needs to be done to comply.

The Regulations The Occupational Health and Safety Regulations 2007 are

made under the Act.  They specify the ways duties imposed by the Act must be performed, or prescribe procedural or administrative matters to support the Act, such as requiring licenses for specific activities, keeping records, or notifying certain matters.

A learning environment might A learning environment might be:be:

A work placement – where you are responsible A work placement – where you are responsible for the learner but may not have direct control for the learner but may not have direct control over their environmentover their environment

An external organisation – where you may be An external organisation – where you may be contracted to conduct training or assessment in contracted to conduct training or assessment in their learning environmenttheir learning environment

A more traditional classroom setting – where you A more traditional classroom setting – where you train and assess learning in a training and train and assess learning in a training and assessment organisationassessment organisation

A workplace setting – where trainers or A workplace setting – where trainers or apprentices train on siteapprentices train on site

A community house – where learners are taught A community house – where learners are taught English language skillsEnglish language skills

OHS shared responsibilityOHS shared responsibility

Depending upon the situation people Depending upon the situation people involved might include:involved might include: Managers, coordinators or supervisorsManagers, coordinators or supervisors Director/s of the training &/or assessment Director/s of the training &/or assessment

organisationorganisation EmployersEmployers Health & safety advisorsHealth & safety advisors Human resources personnelHuman resources personnel TrainersTrainers Trainees/EmployeesTrainees/Employees

Duty of CareDuty of Care Duty of care applies wherever there is a special Duty of care applies wherever there is a special

relationshiprelationship Employer-employeeEmployer-employee RTO-clientRTO-client Facilitator-clientFacilitator-client

Duty of care applies to all circumstances in a Duty of care applies to all circumstances in a relationshiprelationship

Individual duty of care cannot be delegated, but roles Individual duty of care cannot be delegated, but roles and functions may be delegatedand functions may be delegated

Duty of care applies personally to individualsDuty of care applies personally to individuals It applies to all risks that are foreseeable and It applies to all risks that are foreseeable and

preventablepreventable It includes the concept of ‘reasonable’It includes the concept of ‘reasonable’

You should reasonably be You should reasonably be expected to:expected to:

Visit the learning environment/workplaceVisit the learning environment/workplace Know about and understand the work Know about and understand the work

and OHS processes in placeand OHS processes in place In consultation, identify any areas for In consultation, identify any areas for

improvement that need to be addressed improvement that need to be addressed for a safe learning environmentfor a safe learning environment

Check that the agreed action has been Check that the agreed action has been taken and develop an agreed action plantaken and develop an agreed action plan

Follow up on actionFollow up on action

ConsiderationsConsiderations Is there a documented OHS policy?Is there a documented OHS policy? Are OHS procedures and operating procedures Are OHS procedures and operating procedures

documented?documented? What are the processes for reporting hazards and What are the processes for reporting hazards and

incidents?incidents? Are these reports investigated and control Are these reports investigated and control

measures implemented as a result of the report?measures implemented as a result of the report? What information or induction will be provided to What information or induction will be provided to

the learner?the learner? How will the learner be supervised? Who will How will the learner be supervised? Who will

supervise?supervise? Are emergency procedures documented in the Are emergency procedures documented in the

workplace?workplace?

DefinitionsDefinitions

Hazard – a source or a situation with Hazard – a source or a situation with potential for harm (where harm is defined potential for harm (where harm is defined in terms of human injury or ill-health, in terms of human injury or ill-health, damage to property, damage to the damage to property, damage to the environment, business loss etc or a environment, business loss etc or a combination of these)combination of these)

Risk – The potential for a hazard to cause Risk – The potential for a hazard to cause unwanted negative consequences, based unwanted negative consequences, based on the degree of exposure, the likelihood on the degree of exposure, the likelihood of the hazard-event and the severity of of the hazard-event and the severity of the consequencesthe consequences

Definitions cont…Definitions cont…

Hazard event – the interaction of a Hazard event – the interaction of a person with a hazard that could person with a hazard that could start an accident sequencestart an accident sequence

Accident sequence – the sequence Accident sequence – the sequence of events that begins with a person of events that begins with a person interacting with a hazard, a interacting with a hazard, a subsequent loss of control, and subsequent loss of control, and ends with the consequences of an ends with the consequences of an accidentaccident

Establish the context

Identify hazards

Analyse risks

Evaluate risks

Treat Risks

Co

mm

un

icat

e an

d c

on

sult

Mo

nito

r an

d R

eview

Assess risks

Risk Assessment

HazardsHazards

PhysicalPhysical ChemicalChemical BiologicalBiological ErgonomicErgonomic Psycho-socialPsycho-social

Identify HazardsIdentify Hazards

Workers compensation claimsWorkers compensation claims Industry reportsIndustry reports ASCCASCC OHS regulatorsOHS regulators Injury and incident reportsInjury and incident reports Workplace reports including minutes of Workplace reports including minutes of

meetings, audit reportsmeetings, audit reports People in the workplacePeople in the workplace Workplace inspectionsWorkplace inspections Specialist advisorsSpecialist advisors

Assess RisksAssess Risks

Risk is the chance of something Risk is the chance of something occurring that will result in injury or occurring that will result in injury or damage and the likelihood of occurrencedamage and the likelihood of occurrence

Measured in terms Measured in terms ““Likelihood” or “Probability” Likelihood” or “Probability” ““Severity” or “Consequences”Severity” or “Consequences” ExposureExposure

Prioritise hazardsPrioritise hazards Different tools and methods are available Different tools and methods are available

(i.e. Risk Score Calculator)(i.e. Risk Score Calculator)

Control risksControl risks

Treat the risks (identify, evaluate Treat the risks (identify, evaluate and select treatment options)and select treatment options)

Risk control planRisk control plan

Control HierarchyControl Hierarchy

Control Hierarchy cont…Control Hierarchy cont…

Design – Design – design the plant or work process design the plant or work process to eliminate the hazards and/or include to eliminate the hazards and/or include control measurescontrol measures

Eliminate – Eliminate – modify the process method or modify the process method or material to eliminate the hazard completelymaterial to eliminate the hazard completely

SubstituteSubstitute – – replace the material, replace the material, substance or process with a less hazardous substance or process with a less hazardous oneone

Redesign Redesign – redesign or modify the plant or – redesign or modify the plant or work process to reduce or eliminate the riskwork process to reduce or eliminate the risk

Control Hierarchy cont…Control Hierarchy cont…

Separate – Separate – isolate the hazard from isolate the hazard from persons by safeguarding or by space or persons by safeguarding or by space or timetime

Administrate – Administrate – adjust the time or adjust the time or conditions or the process by training, conditions or the process by training, procedures, etcprocedures, etc

Personal Protective Equipment – Personal Protective Equipment – use use appropriately designed and properly appropriately designed and properly fitting equipment where other controls fitting equipment where other controls are not practicableare not practicable

Implementing controlsImplementing controls

May meanMay mean Sharing tasksSharing tasks Delegating some simple actions to Delegating some simple actions to

othersothers Involving learnersInvolving learners Enlisting the help of internal & Enlisting the help of internal &

external expertiseexternal expertise

Providing OHS information to Providing OHS information to learners:learners:

Some approaches might includeSome approaches might include Existing induction processesExisting induction processes Tailored induction processesTailored induction processes Policy and procedures manualsPolicy and procedures manuals Quizzes or gamesQuizzes or games Open discussionOpen discussion Debriefing – if an accident or injury Debriefing – if an accident or injury

does occurdoes occur

Ongoing responsibilityOngoing responsibility

MonitorMonitor EvaluateEvaluate Continuous improvement processesContinuous improvement processes