SAFETY OBLIGATIONS

OBJECTIVEOBJECTIVE

1.1. To introduce To introduce participants to the participants to the safety obligations of safety obligations of various pieces of various pieces of statutory legislationstatutory legislation

2.2. To explain / consider To explain / consider the impact of statute the impact of statute law on employees law on employees methods of workmethods of work

1.1. To introduce To introduce participants to the participants to the safety obligations of safety obligations of various pieces of various pieces of statutory legislationstatutory legislation

2.2. To explain / consider To explain / consider the impact of statute the impact of statute law on employees law on employees methods of workmethods of work

SELF INTRODUCTIONSELF INTRODUCTION

WHAT YOU HOPE TO GET FROM WHAT YOU HOPE TO GET FROM THIS TRAINING SESSIONTHIS TRAINING SESSION

SOMETHING INTERESTING ABOUT SOMETHING INTERESTING ABOUT YOURSELFYOURSELF

WHAT YOU HOPE TO GET FROM WHAT YOU HOPE TO GET FROM THIS TRAINING SESSIONTHIS TRAINING SESSION

SOMETHING INTERESTING ABOUT SOMETHING INTERESTING ABOUT YOURSELFYOURSELF

““A health & safety problem can be described A health & safety problem can be described by statistics but cannot be understood by by statistics but cannot be understood by statistics. It can only be understood by statistics. It can only be understood by knowing and feeling the pain, anguish, and knowing and feeling the pain, anguish, and depression and shattered hopes of the depression and shattered hopes of the victim and of wives, husbands, parents, victim and of wives, husbands, parents, children, grandparents and friends…children, grandparents and friends…

Quotable Quote

……and the hope, struggle and triumph of and the hope, struggle and triumph of recovery and rehabilitation in a world recovery and rehabilitation in a world often unsympathetic, ignorant, unfriendly often unsympathetic, ignorant, unfriendly and unsupportive, only those with close and unsupportive, only those with close experience of life-altering personal experience of life-altering personal damage have this understanding" damage have this understanding"

Quotable Quote

Effects of accidents-EmployerEffects of accidents-Employer Loss of productivityLoss of productivity Time spent in investigation and admin.Time spent in investigation and admin. Increased compensation costsIncreased compensation costs Damage to equipment / morale / Damage to equipment / morale /

reputationreputation Closure of businessClosure of business OvertimeOvertime Replacement costs of skilled workerReplacement costs of skilled worker

Loss of productivityLoss of productivity Time spent in investigation and admin.Time spent in investigation and admin. Increased compensation costsIncreased compensation costs Damage to equipment / morale / Damage to equipment / morale /

reputationreputation Closure of businessClosure of business OvertimeOvertime Replacement costs of skilled workerReplacement costs of skilled worker

Effects of accidents-WorkerEffects of accidents-Worker

Loss of incomeLoss of income Pain & sufferingPain & suffering Loss of future earningsLoss of future earnings Medical / Travel costsMedical / Travel costs Loss of physical and mental abilitiesLoss of physical and mental abilities DisfigurementDisfigurement Psychological damagePsychological damage

Loss of incomeLoss of income Pain & sufferingPain & suffering Loss of future earningsLoss of future earnings Medical / Travel costsMedical / Travel costs Loss of physical and mental abilitiesLoss of physical and mental abilities DisfigurementDisfigurement Psychological damagePsychological damage

INITIATING CHANGEINITIATING CHANGE

When initiating change remember When initiating change remember “People support what they create”“People support what they create”

When initiating change remember When initiating change remember “People support what they create”“People support what they create”

Average Annual Deaths (I.L.O.)Average Annual Deaths (I.L.O.)

WorkWork 1 000 0001 000 000 Road Road 999 000 999 000 ViolenceViolence 563 000 563 000 WarWar 502 000 502 000 HIV / AIDSHIV / AIDS 312 000 312 000

WorkWork 1 000 0001 000 000 Road Road 999 000 999 000 ViolenceViolence 563 000 563 000 WarWar 502 000 502 000 HIV / AIDSHIV / AIDS 312 000 312 000

Cost of personal damage 1992-93 Cost of personal damage 1992-93 $82.8 billion$82.8 billion

NOHSC 2004NOHSC 2004

SAFETY OBLIGATIONSSAFETY OBLIGATIONS

STATUTE LAWSTATUTE LAWCOMMON LAWCOMMON LAW

STATUTE LAWSTATUTE LAWCOMMON LAWCOMMON LAW

SAFETY LEGISLATIONSAFETY LEGISLATION

How does safety How does safety legislation impact legislation impact on your work?on your work?

What should you do What should you do in response to in response to safety legislation?safety legislation?

How does safety How does safety legislation impact legislation impact on your work?on your work?

What should you do What should you do in response to in response to safety legislation?safety legislation?

Causes of the Black DeathCauses of the Black Death

Excessive Excessive masturbationmasturbation

Conjunction of the Conjunction of the planetsplanets

Wrath of GodWrath of God Evil spiritsEvil spirits

Excessive Excessive masturbationmasturbation

Conjunction of the Conjunction of the planetsplanets

Wrath of GodWrath of God Evil spiritsEvil spirits

Plague Regulation, Rouen, France 1507

Plague Regulation, Rouen, France 1507

Do not gamble, Do not gamble, drink, fornicate or drink, fornicate or cursecurse

Avoid other sinful Avoid other sinful excesses that are excesses that are likely to arouse the likely to arouse the anger of Godanger of God

Do not gamble, Do not gamble, drink, fornicate or drink, fornicate or cursecurse

Avoid other sinful Avoid other sinful excesses that are excesses that are likely to arouse the likely to arouse the anger of Godanger of God

British Health & Morals of Apprentices Act 1802

British Health & Morals of Apprentices Act 1802

No night workNo night work Not over 12 hours of workNot over 12 hours of work Separate sex sleeping Separate sex sleeping

accommodationaccommodation Religious instruction providedReligious instruction provided Toilets providedToilets provided Clothes to be providedClothes to be provided

No night workNo night work Not over 12 hours of workNot over 12 hours of work Separate sex sleeping Separate sex sleeping

accommodationaccommodation Religious instruction providedReligious instruction provided Toilets providedToilets provided Clothes to be providedClothes to be provided

Factories Act 1844Factories Act 1844

No children under 8 employedNo children under 8 employed Meals not in work roomsMeals not in work rooms Dangerous machines fencedDangerous machines fenced Alternate days of school & workAlternate days of school & work Hours by public clockHours by public clock 8-13 to work a max. of 6.5 hours a day8-13 to work a max. of 6.5 hours a day

No children under 8 employedNo children under 8 employed Meals not in work roomsMeals not in work rooms Dangerous machines fencedDangerous machines fenced Alternate days of school & workAlternate days of school & work Hours by public clockHours by public clock 8-13 to work a max. of 6.5 hours a day8-13 to work a max. of 6.5 hours a day

Objective of WH&S Act 1995Objective of WH&S Act 1995The objective of the Act is to prevThe objective of the Act is to prevent ent

a person’s death, injury or Illness caused a person’s death, injury or Illness caused by a workplace, by workplace activities or by a workplace, by workplace activities or by specific high-risk plant. by specific high-risk plant.

The objective of the Act is to prevThe objective of the Act is to prevent ent a person’s death, injury or Illness caused a person’s death, injury or Illness caused by a workplace, by workplace activities or by a workplace, by workplace activities or by specific high-risk plant. by specific high-risk plant.

WORKPLACEWORKPLACE

A workplace is any A workplace is any place where work place where work is, or is to be is, or is to be performed by a performed by a worker or a person worker or a person conducting a conducting a business or business or undertakingundertaking

A workplace is any A workplace is any place where work place where work is, or is to be is, or is to be performed by a performed by a worker or a person worker or a person conducting a conducting a business or business or undertakingundertaking

WORKERWORKER

A person is a worker if the person A person is a worker if the person does work, other than under a contract does work, other than under a contract for service for or at the direction of an for service for or at the direction of an employeremployer

A person may be a worker even if not A person may be a worker even if not paidpaid

A person is a worker if the person A person is a worker if the person does work, other than under a contract does work, other than under a contract for service for or at the direction of an for service for or at the direction of an employeremployer

A person may be a worker even if not A person may be a worker even if not paidpaid

HEALTH & SAFETY REPRESENTATIVESHEALTH & SAFETY REPRESENTATIVES

InspectInspect Be informed of incidentsBe informed of incidents Be present at incident investigationsBe present at incident investigations Review incidentsReview incidents Be consulted about safety changeBe consulted about safety change Help in resolution of safety problemsHelp in resolution of safety problems Report safety problems to W.H.S.O.Report safety problems to W.H.S.O.

InspectInspect Be informed of incidentsBe informed of incidents Be present at incident investigationsBe present at incident investigations Review incidentsReview incidents Be consulted about safety changeBe consulted about safety change Help in resolution of safety problemsHelp in resolution of safety problems Report safety problems to W.H.S.O.Report safety problems to W.H.S.O.

HEALTH & SAFETY COMMITTEEHEALTH & SAFETY COMMITTEE

Encourage an Encourage an active interest in active interest in safetysafety

Consider safety Consider safety trainingtraining

Tell workers about Tell workers about safety rules and safety rules and proceduresprocedures

Encourage an Encourage an active interest in active interest in safetysafety

Consider safety Consider safety trainingtraining

Tell workers about Tell workers about safety rules and safety rules and proceduresprocedures

WORKPLACE HEALTH & SAFETY OFFICER

WORKPLACE HEALTH & SAFETY OFFICER

30 or more employees30 or more employees Tell employer about the state of safetyTell employer about the state of safety Conduct inspectionsConduct inspections Report hazardsReport hazards Establish education programmesEstablish education programmes Investigate incidentsInvestigate incidents Assist inspectorsAssist inspectors

30 or more employees30 or more employees Tell employer about the state of safetyTell employer about the state of safety Conduct inspectionsConduct inspections Report hazardsReport hazards Establish education programmesEstablish education programmes Investigate incidentsInvestigate incidents Assist inspectorsAssist inspectors

WORKPLACE HEALTH & SAFETY OFFICER

WORKPLACE HEALTH & SAFETY OFFICER

Safety is a line management Safety is a line management responsibilityresponsibility

W.H.S.O. is the management adviser W.H.S.O. is the management adviser not the doer of the safety programmenot the doer of the safety programme

Safety is not the W.H.S.O.’s Safety is not the W.H.S.O.’s responsibility at law (specifically responsibility at law (specifically excluded from prosecution)excluded from prosecution)

Safety is a line management Safety is a line management responsibilityresponsibility

W.H.S.O. is the management adviser W.H.S.O. is the management adviser not the doer of the safety programmenot the doer of the safety programme

Safety is not the W.H.S.O.’s Safety is not the W.H.S.O.’s responsibility at law (specifically responsibility at law (specifically excluded from prosecution)excluded from prosecution)

What Category is your Obligation?

What Category is your Obligation?

SupervisorSupervisor:: Person in Control of the Person in Control of the WorkplaceWorkplace

Why?Why?

The staff you supervise are your The staff you supervise are your responsibility as you are supervising the responsibility as you are supervising the work on behalf of the employer or owner. work on behalf of the employer or owner.

SupervisorSupervisor:: Person in Control of the Person in Control of the WorkplaceWorkplace

Why?Why?

The staff you supervise are your The staff you supervise are your responsibility as you are supervising the responsibility as you are supervising the work on behalf of the employer or owner. work on behalf of the employer or owner.

Obligation of EmployerObligation of EmployerEnsure the WH&S of each of the employers workers in Ensure the WH&S of each of the employers workers in

the conduct of the employer’s business;the conduct of the employer’s business;Ensure the employer’s own WH&S in the conduct of Ensure the employer’s own WH&S in the conduct of

the employer’s business; andthe employer’s business; andEnsure other persons are not exposed to risks to Ensure other persons are not exposed to risks to

their health and safety arising out of the conduct of their health and safety arising out of the conduct of the the employer’s business. employer’s business.

Ensure the WH&S of each of the employers workers in Ensure the WH&S of each of the employers workers in the conduct of the employer’s business;the conduct of the employer’s business;

Ensure the employer’s own WH&S in the conduct of Ensure the employer’s own WH&S in the conduct of the employer’s business; andthe employer’s business; and

Ensure other persons are not exposed to risks to Ensure other persons are not exposed to risks to their health and safety arising out of the conduct of their health and safety arising out of the conduct of the the employer’s business. employer’s business.

Obligation of a WorkerObligation of a WorkerTo comply with the instructions given for WH&S at To comply with the instructions given for WH&S at

the workplace by the employer at the workplace and, if the workplace by the employer at the workplace and, if the workplace is a construction workplace, the principal the workplace is a construction workplace, the principal contractor for WH&S at the workplace;contractor for WH&S at the workplace;

Use PPE if the equipment provided by the workers Use PPE if the equipment provided by the workers employer and the worker is properly instructed to do employer and the worker is properly instructed to do so;so;

Not to wilfully or recklessly interfere with or misuse Not to wilfully or recklessly interfere with or misuse anything provided for WH&S at the workplace;anything provided for WH&S at the workplace;

Not to wilfully place at risk the WH&S of any person Not to wilfully place at risk the WH&S of any person at the workplace; andat the workplace; and

Not to wilfully injure himself or herself.Not to wilfully injure himself or herself.

To comply with the instructions given for WH&S at To comply with the instructions given for WH&S at the workplace by the employer at the workplace and, if the workplace by the employer at the workplace and, if the workplace is a construction workplace, the principal the workplace is a construction workplace, the principal contractor for WH&S at the workplace;contractor for WH&S at the workplace;

Use PPE if the equipment provided by the workers Use PPE if the equipment provided by the workers employer and the worker is properly instructed to do employer and the worker is properly instructed to do so;so;

Not to wilfully or recklessly interfere with or misuse Not to wilfully or recklessly interfere with or misuse anything provided for WH&S at the workplace;anything provided for WH&S at the workplace;

Not to wilfully place at risk the WH&S of any person Not to wilfully place at risk the WH&S of any person at the workplace; andat the workplace; and

Not to wilfully injure himself or herself.Not to wilfully injure himself or herself.

How do I Comply with an Obligation?

How do I Comply with an Obligation?

There are 2 ways to comply with an There are 2 ways to comply with an obligation:obligation:

Follow a Regulation, Advisory Follow a Regulation, Advisory Standard or Code of Practice, andStandard or Code of Practice, and

Take reasonable precautions and Take reasonable precautions and exercise proper diligence to ensure exercise proper diligence to ensure the obligation is followed.the obligation is followed.

There are 2 ways to comply with an There are 2 ways to comply with an obligation:obligation:

Follow a Regulation, Advisory Follow a Regulation, Advisory Standard or Code of Practice, andStandard or Code of Practice, and

Take reasonable precautions and Take reasonable precautions and exercise proper diligence to ensure exercise proper diligence to ensure the obligation is followed.the obligation is followed.

Specifying keys to meeting the obligation

Specifying keys to meeting the obligation

1.1. Identify hazards and assessing risks that may Identify hazards and assessing risks that may result because of the hazards;result because of the hazards;

2.2. Deciding and implementing control measures to Deciding and implementing control measures to prevent, or minimise the risks;prevent, or minimise the risks;

3.3. Reviewing the effectiveness of the control Reviewing the effectiveness of the control measures;measures;

4.4. Providing and maintaining a safe and healthy work Providing and maintaining a safe and healthy work environment.environment.

5.5. Providing and maintaining safe plant.Providing and maintaining safe plant.6.6. Ensuring the safe use, handling, storage and Ensuring the safe use, handling, storage and

transport of substances.transport of substances.7.7. Ensuring safe systems of work.Ensuring safe systems of work.8.8. Providing information, instruction, training and Providing information, instruction, training and

supervision to ensure health and safety.supervision to ensure health and safety.

1.1. Identify hazards and assessing risks that may Identify hazards and assessing risks that may result because of the hazards;result because of the hazards;

2.2. Deciding and implementing control measures to Deciding and implementing control measures to prevent, or minimise the risks;prevent, or minimise the risks;

3.3. Reviewing the effectiveness of the control Reviewing the effectiveness of the control measures;measures;

4.4. Providing and maintaining a safe and healthy work Providing and maintaining a safe and healthy work environment.environment.

5.5. Providing and maintaining safe plant.Providing and maintaining safe plant.6.6. Ensuring the safe use, handling, storage and Ensuring the safe use, handling, storage and

transport of substances.transport of substances.7.7. Ensuring safe systems of work.Ensuring safe systems of work.8.8. Providing information, instruction, training and Providing information, instruction, training and

supervision to ensure health and safety.supervision to ensure health and safety.

Penalties for Breach of Obligations

Penalties for Breach of Obligations

 

WHS Act 1995 Individual Imprisonment Corporation

Multiple deaths $150,000 3 years $750,000

Offences causing Death or Grievous Bodily Harm (GBH)

$75,000 2 years $375,000

Exposure to a substance likely to cause death or GBH

$56,250 1 year $281,250

Offences causing Bodily Harm

$56,250 1 year $281,250

Other offences $37,500 6 months $187,500

 

BREAKBREAK

HAVE A 2 MINUTE HAVE A 2 MINUTE BREAKBREAK

HAVE A 2 MINUTE HAVE A 2 MINUTE BREAKBREAK

WORKPLACE HEALTH & SAFETY ACT

WORKPLACE HEALTH & SAFETY ACT

Amenities-Lunchrooms, toilets etcAmenities-Lunchrooms, toilets etcManual handling of peopleManual handling of peopleHazardous substancesHazardous substancesPersonal protective equipmentPersonal protective equipmentHarassmentHarassmentStressStressAsbestosAsbestos

Amenities-Lunchrooms, toilets etcAmenities-Lunchrooms, toilets etcManual handling of peopleManual handling of peopleHazardous substancesHazardous substancesPersonal protective equipmentPersonal protective equipmentHarassmentHarassmentStressStressAsbestosAsbestos

STATUTE LAWSTATUTE LAW

Risk ManagementRisk ManagementFirst-AidFirst-Aid

Risk ManagementRisk ManagementFirst-AidFirst-Aid

STATUTE LAWSTATUTE LAW

Workplace Health & SafetyWorkplace Health & Safety Act- Act-Numerous sections-Numerous sections-

Fire Safety ActFire Safety Act -Alarms, extinguishers, -Alarms, extinguishers, fire drills, evacuation plans etc.fire drills, evacuation plans etc.

Workcover ActWorkcover Act -reporting injuries, -reporting injuries, processing claims, rehab. Programmesprocessing claims, rehab. Programmes

Traffic ActTraffic Act -Speeding, drink driving, -Speeding, drink driving, seat belts, condition of vehicleseat belts, condition of vehicle

Workplace Health & SafetyWorkplace Health & Safety Act- Act-Numerous sections-Numerous sections-

Fire Safety ActFire Safety Act -Alarms, extinguishers, -Alarms, extinguishers, fire drills, evacuation plans etc.fire drills, evacuation plans etc.

Workcover ActWorkcover Act -reporting injuries, -reporting injuries, processing claims, rehab. Programmesprocessing claims, rehab. Programmes

Traffic ActTraffic Act -Speeding, drink driving, -Speeding, drink driving, seat belts, condition of vehicleseat belts, condition of vehicle

STATUTE LAWSTATUTE LAW

Electrical Safety Act- Electrical Safety Act- Condition of electrical Condition of electrical appliances, fitting of appliances, fitting of R.C.D., testing of R.C.D.R.C.D., testing of R.C.D.

Health ActHealth Act

Electrical Safety Act- Electrical Safety Act- Condition of electrical Condition of electrical appliances, fitting of appliances, fitting of R.C.D., testing of R.C.D.R.C.D., testing of R.C.D.

Health ActHealth Act

RISK MANAGEMENTRISK MANAGEMENT

Risks must be managedRisks must be managed

High risk activities can High risk activities can be safe with good risk be safe with good risk managementmanagement

Risks must be managedRisks must be managed

High risk activities can High risk activities can be safe with good risk be safe with good risk managementmanagement

SAFETY OBLIGATIONSSAFETY OBLIGATIONS

What do you think your What do you think your safety obligations are safety obligations are as a as a workerworker??

What do you think your What do you think your safety obligations are safety obligations are as a as a supervisor / supervisor / representative of the representative of the organisation?organisation?

What do you think your What do you think your safety obligations are safety obligations are as a as a workerworker??

What do you think your What do you think your safety obligations are safety obligations are as a as a supervisor / supervisor / representative of the representative of the organisation?organisation?

SAFETY APPROACHSAFETY APPROACH

Increasingly litigious Increasingly litigious societysociety

What ever you do in What ever you do in safety must be safety must be auditable & auditable & defensible in courtdefensible in court

Document, Document, document, documentdocument, document

Increasingly litigious Increasingly litigious societysociety

What ever you do in What ever you do in safety must be safety must be auditable & auditable & defensible in courtdefensible in court

Document, Document, document, documentdocument, document

SAFETY OBLIGATIONSSAFETY OBLIGATIONS

Thoroughly investigate and action Thoroughly investigate and action complaintscomplaints

Signs / instructions Signs / instructions adequate ,reasonable, properly adequate ,reasonable, properly communicatedcommunicated

High quality P.P.E-Train &maintainHigh quality P.P.E-Train &maintain Adequate trained supervisionAdequate trained supervision Set safety exampleSet safety example

Thoroughly investigate and action Thoroughly investigate and action complaintscomplaints

Signs / instructions Signs / instructions adequate ,reasonable, properly adequate ,reasonable, properly communicatedcommunicated

High quality P.P.E-Train &maintainHigh quality P.P.E-Train &maintain Adequate trained supervisionAdequate trained supervision Set safety exampleSet safety example

SAFETY OBLIGATIONSSAFETY OBLIGATIONS

Consider all options with incompetent Consider all options with incompetent employeesemployees

Regularly examine work area and Regularly examine work area and operationsoperations

Purchase high quality equipment and Purchase high quality equipment and maintain itmaintain it

Keep up to date with modern work Keep up to date with modern work methodsmethods

Consider all options with incompetent Consider all options with incompetent employeesemployees

Regularly examine work area and Regularly examine work area and operationsoperations

Purchase high quality equipment and Purchase high quality equipment and maintain itmaintain it

Keep up to date with modern work Keep up to date with modern work methodsmethods