Www.ieu.asn.au 1 Introduction to the WHS framework and the WHS Regulations.

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Introduction to the WHS framework

and the WHS Regulations

http://www.workcover.nsw.gov.au/Pages/default.aspx

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WHS Act WHS Regulations Codes of Practices Australian Standards Industry Standards Guidance Material

WHS Act s274-275

Model Work Health and Safety Framework


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Model WHS FrameworkModel WHS Act and model WHS Regulations supported by

National Codes of Practice

State based WHS Act, WHS Regulations

Territory based WHS Act, WHS Regulations

Commonwealth WHS Act, WHS Regulations

Mirrored by

Model Work Health and Safety Framework


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Key changes under the WHS Regulations

Risk management being referenced both within a separate section and within chapters, and the focus is on the safety outcome rather than the process, so that a written risk assessment may not be required in all situations.

Licensing of asbestos assessors. Definitions and terminology e.g. confined spaces, falls, major

incident at major hazards facility, safety data sheets.

WHS Regulations


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Key changes under the WHS Regulations

Removal of licensing for some classes of equipment

A new class of license for reach stackers

Changes in requirements for demolition work

Expanded provisions for remote and isolated workers

Changes in record keeping requirements

Significant role of Codes of Practice in providing information to help determine what would be considered ‘reasonably practicable’ in eliminating or controlling hazards.

WHS Regulations Chapters 2- 8


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WHS Regulations- Content -

Chapter 1: Definitions and administrative matters Chapter 2: Representation and Participation Chapter 3: General Risk and workplace management Chapters 4, 5 and 6: Hazardous work; Plant and Structures; and Construction

Chapter 7 and 8: Hazardous chemicals and Asbestos Chapter 9 and 10: Major Hazards Facilities and Mines (under development)Chapter 11: General matters including review, exemptions etc. Schedules 1 to 18: Specific requirements and Appendix: Jurisdictional notes.

WHS Regulations


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WHS Regulations- General Structure of Chapters -

May include: definitions and new terminology obligations – duties of various parties control of risks - when elimination is not possible specific hierarchy of controls where applicable review requirements emergency plans training, instruction and information and record keeping requirements.

WHS Regulations Chapters 2 - 10


WHS Regulations – Awareness Course for Union Members

Chapter 2

Representation and Participation



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Representation and Participation

Additional requirments under the WHS: Key changes in consultation terms Requirements for negotiation of workgroups Election, training and removal of HSRs Issue resolution – the default procedure

WHS Regulations Chapter 2

Work Health and Safety Consultation, Cooperation and CoordinationCodes ofpractice


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Key changes in consultation terms

OHS Representative

OHS Committee

Authorised representatives

Health and Safety and Representative (HSR)

Deputy HSR (new role)

Health and Safety Committee (HSC)

WHS entry permit holder

WHS Act Part 5 - 7

Current OHS WHS

Specific WHS issues, issue PINs, direct unsafe work to cease

Same as for HSRs

Whole workplace WHS, policy and procedures

Consult with workers and PCBUs, inspect, warn, assist inquire

WHS Role


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Determination of Work groups

Work groups must be negotiated and determined in a way that:

Effectively and conveniently allows the health and safety interests of workers to be represented; and

Takes into account accessibility to the elected HSR.

WHS Regulations Chapter 2 Part 2.1

What factors should be taken into account when determining workgroups?


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Negotiation of Work groups

WHS Regulations require that additional matters be taken into account:

views of workers in relation to the determination and variations of workgroups;

number and grouping of workers carrying out similar work; the extent to which workers must move from place to place at work; the diversity of workers; the nature of the hazards and risks at workplace; the nature of engagement e.g. as a contractor; times at which work is undertaken; and arrangements for overtime or shift work.

(see Fact Sheet: Representation and Participation for additional requirements)



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HSRs - Election, training and removal

Procedures for election of HSRs All workers of the work group must be given an opportunity to nominate

and vote in the election. The PCBU and workers of the work group must be advised of the election

and the results of the election.

Removal of a HSR The majority of members of a work group may remove a HSR by making a

written resolution that the HSR should no longer represent their workgroup.

Training for HSRs A HSR is entitled to attend:

an initial 5 day course; and an annual refresher course.



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Issue Resolutionunder WHS legislation

Where an issue resolution procedure is not in place

PCBUs to consult, create, communicate and utilise

issue resolution procedures

Issue resolution process applies to unresolved WHS issues

The default procedure of the WHS Regulations is to be used



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Issue Resolution Default Procedure

1. All parties to be informed there is an issue to be resolved and the nature and scope of the issue;

2. The involved parties meet or communicate to resolve the issue;3. Certain matters to be taken into account (see Fact Sheet 2);4. Any party involved in the issue to be represented or assisted by a

nominated person if they choose to do so;5. The details of the issue and its resolution to be put in writing to the

satisfaction of all parties involved in the issue where requested;

6. A copy of the written agreement to be given to: parties to the issue (e.g. unions, employer organisations); and if requested, the workplace’s health and safety committee.




Chapter 3General Risk and Workplace

Management



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General risk and workplace management Topics

Managing risks to health and safety (including maintenance and review) Training, information and instruction Workplace facilities (previously referred to as amenities) First Aid and Emergency Plans Remote or isolated work Personal Protective Equipment (PPE)

Airborne contaminants, hazardous atmospheres and storage of flammables and combustibles

Falling objects Related Codes of Practice include:

How to manage work health and safety risks Managing the work environment and facilities

WHS Regulations and Codes of Practice

Codes of

practice


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Managing Risks to Health and Safety

The current requirements and steps involved in managing risks to health and safety have been retained in the new WHS Regulations.

A PCBU who has a duty under the WHS Regulations is required to manage risks to health and safety (e.g. manufacturer, person conducting a business or undertaking, supplier)

This includes complying with any special requirements for the management of risks outlined in the WHS Regulations such as: not exceeding an exposure standard (e.g. noise) implementing a specific control measure (e.g. fall protection) assessing a risk (e.g. risks associated with a confined space).

Detailed requirements are described in the Code of Practice

WHS Regulations Part 3.1


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Managing Risks to Health and Safety

Identify Hazards that are a potential risk to health and

safety

Eliminate risk

Minimise risk

Maintain controls

Review controls

As far as is reasonably practicable

Consultation


As far as is reasonably practicable


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Eliminate

Substitute

Isolate

Engineering

Administrate

PPE

Highest Level of Protection

Lowest Level of Protection

Hierarchy of controlsWhere elimination is not reasonably practicable, risks to health and safety are to be minimised using controls in the following order (a combination of controls may be used):



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Duty to review

A duty holder is required to review and, as necessary, revise control measures when:

a risk control measure fails to control the risk (e.g. as determined by monitoring or a notifiable incident occurs);

a change in the workplace or work systems occurs that is likely to give rise to a new or different risk;

consultation indicates a review is required; or a HSR requests a review (a new requirement) i.e. when

• any of the above occurs that affects/may affect a member of the HSR’s workgroup; and

• the PCBU hasn’t adequately reviewed the measures in response to that circumstance.



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General workplace management

The WHS Regulations requirements are either, in relation to current requirements:

Similar with some additional requirements e.g.Training, information and instructionWorkplace facilities (previously referred to as amenities)Falling objects Personal Protective Equipment (PPE) Storage of flammables and combustiblesEmergency Plans

Less prescriptive e.g. First Aid, airborne contaminants and hazardous atmospheres (additional information is provided in supporting Codes of Practice and other information) or

Additional e.g. Remote or isolated work WHS Regulations Chapter 3 Part

3.2


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Training, information, instruction and supervision

Training, information and instruction provided by the PCBU to workers is to be:

suitable, adequate; and readily understandable;having regard to:

the nature of the work carried out by the worker; the nature of the risks associated with the work; and implemented control measures.

Specific supervision requirements are included e.g.: direct supervision for high risk work; and where hazardous substances exist in the workplace.



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Changes in relation to the duties and requirements include:

General workplace facilities Requirements apply to both normal and emergency conditions; and Specific mention of glare and reflection is removed.

First Aid First aid kit type and content; and Requirements for first aid facilities will be covered under a Code of Practice.

Emergency Provisions Emergency provisions require the PCBU to ensure preparation and

maintenance of an Emergency Plan specific to the workplace (see slide 12).



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First Aid


First aid equipment and access to the

equipment

The PCBU must provide for First Aid including:

Facilities for first aid administration

Adequate number of workers trained in first aid,

OR Access to adequate number of trained others to provide first

aid

First aid kit type and content and content of first aid facilities is no longer specified in the WHS Regulations

Factors to consider:

Nature of the workNature of

workplace hazardsSize and location Number and

composition of workers and others


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Emergency plans


Emergency procedures including:• emergency response• evacuation procedures• early notification to emergency services• medical treatment and assistance• effective communication between the PCBU’s emergency co-ordinator and all persons

The PCBU must provide an Emergency Plan that includes:

Testing of procedures

Information, training and instruction for workers in emergency procedures

Factors to consider:

• Nature of the work• Nature of

workplace hazards• Size and location • Number and

composition of workers and others


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Changes in relation to duties and requirements include:

REMOTE AND ISOLATED WORKERSA PCBU is required to ensure risks to health and safety of isolated or remote

workers are eliminated or minimised with adequate controls, including communication (see Fact Sheet 3 for additional information)

PERSONAL PROTECTIVE EQUIPMENT Duties of PCBUs, workers and other person in relation to PPE

The PCBU who directs the work is required to: provide PPE to workers (unless provided by another PCBU) that is a

suitable size and fit, and is reasonably comfortable; and ensure the PPE is suitable to control risks associated with the work and is

used or worn (includes ‘other persons’ using PPE). WHS Regulations Chapter 3 Part

3.2


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Personal Protective Equipment (PPE)

Duties of workers: To use the PPE according to the information, training and

instruction provided; Not intentionally misuse or damage the equipment; and Inform the PCBU of any damage, defect or need to

clean/sterilise the equipment.

Duties of others: Persons other than workers must use any PPE provided by a

PCBU according to the information, training and instruction given e.g. visitors to a workplace.



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Changes in relation to duties and requirements include:Airborne contaminants Specifics for various substances have been removed.

Hazardous Atmospheres in the workplace Risks associated with hazardous atmospheres due to the presence of flammable

or combustible substances are to be managed. Ignition sources in a hazardous atmosphere (except those associated with a

deliberate process or activity) are to be managed. Flammable or combustible substances to be kept to the lowest practicable

quantities.

Falling objects A PCBU is required to minimise risks from falling objects by providing adequate

protection by preventing the object from falling or arresting its’ fall. A previous provision using PPE as a control has been removed.





Chapter 4

Hazardous Work



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Hazardous Work

Requirements for hazardous work under the WHS Regulations: Noise - exposure standard remains the same; additional monitoring

requirement; Hazardous Manual Tasks - previously referred to as manual handling;

requirements remain largely unchanged; Confined Spaces - different meanings; signage, recording and communication

requirements have changed; and Falls - the hierarchy of controls and record keeping requirements are specified.

WHS Regulations Chapter 4

Related Codes of Practice include:Managing Noise and Preventing Hearing Loss at WorkHazardous Manual TasksConfined SpacesHow to Prevent Falls at Workplaces


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A PCBU must ensure that a worker is not exposed to noise that exceeds the exposure standard (unchanged):

the equivalent of 8 hours continuous exposure to 85dB(A); or a peak of 140dB(C)

A PCBU must implement control measures as per generalrisk management requirements.

Where a worker is frequently required to wear PPE, the PCBU must now provide audiometric testing for the worker:

within 3 months of the start of work; in any event at least every two years.

Noise

WHS Regulations: Regulations 56-59


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Hazardous Manual Tasks are tasks that involve: Repetitive or sustained movements High or sudden force Repetitive force Sustained or awkward posture Exposure to vibration

Musculoskeletal disorder (MSD)is an injury to, or disease of, the musculoskeletal system (bones,

muscles and joints) that may occur suddenly or over time.

It does not include injuries resulting principally from mechanical operation of plant e.g. cutting, crushing.

Hazardous Manual Tasks- Definitions -



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Duties:A PCBU is required to manage the risk of a ‘musculoskeletal disorder’ arising from a hazardous manual task.

Control measures:When deciding on control measures, the PCBU needs to take into account:

Postures, movements, forces and vibrations related to the task Duration and frequency of the task;

Workplace environmental conditions that may affect the task or the worker performing it;

Design and layout of the work area; Systems of work being used;

Nature, size, weight or number of persons, animals or things involved in the task.

Hazardous Manual Tasks



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Management of Risk of FallsA situation that exposes a worker while at work, or another

person at or near the workplace, to a risk of a fall from one level to another that is ‘reasonably likely’ to cause injury.

DutiesA PCBU is required to identify all fall hazards associated with the

business or undertaking.

What measures could be used to control the risk of a fall?

Which are considered the most effective controls and why?

Falls



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Risk Control Measures (the hierarchy of controls is now clearly specified)

A PCBU must ensure that, as far as reasonably practicable, work involving the risk of a fall is carried out on the ground or on solid construction.

If it is not reasonably practicable to eliminate the risk of a fall, the PCBU must provide adequate protection against the risk of a fall, by providing safe systems of work including (in descending order):

1. Use of a fall prevention device (e.g. guard rails); or2. Use of a work positioning system (e.g. EWP); or3. Use of a fall arrest system (e.g. harness) if 1 and 2 are not reasonably

practicable.

The use of these controls should include training, procedures, permit systems and signage as required.

Falls



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Emergency procedures – where a fall arrest system is implemented, a PCBU must:

Establish emergency and rescue procedures for the rescue of persons;

Test the procedures to ensure effectiveness;

Provide adequate information, training and instruction in emergency and rescue procedure to workers.

Falls



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Unsafe Equipment under the WHS Regulations must: be disconnected (or isolated) from its electricity supply; and once disconnected (or isolated):

not reconnected until it is repaired or tested and found to be safe; or replaced or permanently removed from use.

Changes in testing and inspection:A PCBU is required to regularly have electrical equipment inspected and tested by a competent person if:

supplied with electricity through an electrical socket; and the equipment is exposed to conditions that are likely to cause damage

or a reduction in its expected life span, including exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.Records of this testing can be in the form of a tag attached to the electrical equipment tested.

Equipment that requires testing and is not tested, is not to be used.

Electrical Equipment

WHS Regulations: Chapter 4



Chapter 7

Hazardous ChemicalsAsbestos and Major

Hazard Facilities



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Hazardous Chemicals

Classification and exemptions

Packing, storage and handling systems

Information - labelling, registers, manifests and placards

Control of risks including spills and emergency plans

Health monitoring

Induction, training, information and supervision

Specific requirements – Lead, Asbestos and Major Hazard Facilities

WHS Regulations: Chapter 7, 8 and 9

Labelling of Workplace Hazardous ChemicalsPreparation of Safety Data Sheets for Hazardous Chemicals


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Hazardous Chemicals- Classification -

Classification of hazardous substances is now based on the international GHS* published by the United Nations and includes hazardous chemicals and dangerous goods.

Substances now exempt from the requirements of WHS Regulations include: Hazardous chemicals in batteries that are incorporated in plant; Fuel, oils and coolants fitted in equipment intended for its operation; Fuel contained in a portable fuel burning item not exceeding 25 litres or 25 kgs; Hazardous chemicals in portable firefighting or medical equipment; Hazardous chemicals that are part of freight refrigeration systems; and Potable liquids that are consumer products at retail outlets.


* GHS - Globally Harmonised System of Classification and Labelling of Chemicals


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Packing storage and handling systems

PackingContainers used to package hazardous chemicals are required to be:

in sound condition and made of compatible material; able to safely contain the material for the time required; and not usually used, or could be mistaken for, containing food.

Storage and handling systems PCBU’s are required to ensure where systems are used for the use, handling or storage of hazardous chemicals:

it is only used for its intended purpose; it is operated, tested, maintained, installed, repaired and decommissioned

with regard to the health and safety of workers; and information, training and instruction is given to a person who operates,

tests, maintains or decommissions the system.



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Hazardous Chemicals- Information-

Safety Data Sheets (previously referred to as MSDS) – see Fact Sheet Content is now prescribed in the WHS Regulations.

Labelling Specific requirements exist for general, small containers, waste products,

etc (see Schedule 9: Part 3); Decanted substances must now be labeled if not to be used immediately

(previously within 12 hours) or if given to someone else; Requires product identifier, Australian contacts and a hazard pictogram or

hazard statement (new wording) and chemical expiry date.

Hazardous Chemical Registers Safety Data Sheets are to be included and the SDS Register maintained; A notation in the register is no longer necessary when a risk assessment for

a hazardous chemical is not required.



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Hazardous Chemicals- Information-

Placards and manifests: now align with the classification and requirements of the GHS; the number of items covered has greatly increased; and threshold quantities have increased, decreased or remained the same.

Placarding similar to current requirements with wording changed to reflect the GHS

e.g. reference to goods too dangerous to be transported changed.

Manifests similar to current requirements and are to include the after hours contact

details of 2 persons in case of an incident.

Safety Signs do not include placards must be displayed next to the hazard and be clearly visibile, warn of

particular hazards and state the responsibilities of a particular person.



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Hazardous chemicals- Controlling and reviewing risks -

Factors to consider in managing risks Circumstances requiring review of risks Hazardous properties Risk of a physical or chemical reaction The nature of work to be carried out Structure, plant or systems of work:

• used in the use, handling, generation or storage; or

• could interact with hazardous chemicals

Potential fire and ignition sources (Part 3.2 Clause 52)

Any change in the SDS or SDS Register Health monitoring where there are:

• results indicating raised levels• disease, injury or illness associated

with the hazardous chemical• recommendations for remedial actions

Exposure standards have been exceeded At least every five (5) years


WHS Regulations now specify factors to consider when assessing risks and when risks are to be reviewed.

Note: The requirement to record an incident investigation to determine the cause/likely cause of a dangerous goods incident (except in relation to major hazard facilities) has been removed.


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Hazardous chemicals- Controlling Risks -

Fire and ignition sources

A PCBU must ensure an ignition source is not introduced to a hazardous area where there is a possibility of a fire or explosion.

Spills and damage

Containment of spills is required for all hazardous chemicals (not just dangerous goods). Compatibility of substances or mixtures must be considered.

Provision is to be made for clean-up and disposal of wastes.

Emergency Plans

The plan is required to address all hazardous chemicals not just dangerous goods.

A copy of plans must be given to the primary emergency services where manifest quantities (Schedule 11) are exceeded.

Fire, emergency and safety equipment

Fire loads, including those from other sources, are to be assessed. Assessment criteria now includes use and generation of hazardous

chemicals. Records of testing of fire equipment are to be retained.

Protection Wording has changed to require protection ‘against damage by an impact or excessive loads’ (broader concept).



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Hazardous Chemicals- Health monitoring -

Key points include: Health monitoring (previously health surveillance) still covers

the same hazardous chemicals; is required for all exposed workers and includes some additional types of monitoring.

Information about monitoring requirements must be given to persons who may be exposed prior to starting work.

Health monitoring report content is now stipulated including results and advice.

A copy of the report is to be provided, by the PCBU commissioning the health monitoring, to all other PCBUs required to provide the health monitoring.



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Hazardous Chemicals- Key requirements -

Supervision is now specifically required to protect workers whose work activities are

likely to expose them to a hazardous chemical; and must be suitable and adequate having regard to:

nature of the risk associated with the hazardous chemical; and the information, training and instruction required i.e. relevant to the

nature of the risk and the required controls.

Prohibited and restricted carcinogens use, handling and storage remain subject to stringent conditions; and additional information is required in the application to WorkCover for use.

Restricted hazardous chemicals are listed in Schedule 10 WHS Regulations - changed from prohibited use; include restricted use, handling or storage of PCBs to certain situations e.g.

in existing electrical equipment or construction material.




Chapter 9

WHS Regulations Course - Summary and Review -



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Review Question 1

What are some of the key changes to current NSW OHS legislation resulting from the introduction of WHS legislation?

Key changes


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Key changes to NSW OHS legislation include: Definitions and terminology e.g. confined spaces, falls;

Written risk assessments not always required;

Specific controls for some aspects (e.g. falls)

Removal of some licence classes;

Removal of specific requirements for some areas e.g. electroplating, welding although risk management duties still apply.

Key changes in NSW OHS legislation


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Review Question 2

What are some of the areas covered the under General Risk and Workplace Management requirements for PCBUs?

General Risk and Workplace Management


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Areas addressed under this section include:Managing risks to health and safety (including maintenance

and review) Training, information and instruction Workplace facilities (previously referred to as amenities) First Aid and Emergency Plans Remote or isolated work Personal Protective Equipment (PPE)

Airborne contaminants, hazardous atmospheres and storage of flammables and combustibles

Falling objects

General Risk and Workplace Management


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Review Question 3

What are the requirements of the default issue resolution procedure in the WHS Regulations that applies only when there is no agreed procedure as required under the WHS Act?

Consultation and Representation


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The default procedure requires:

1. All parties to be informed there is an issue to be resolved and the nature and scope of the issue;

2. The involved parties meet or communicate to resolve the issue;3. Certain matters to be taken into account (see Fact Sheet 2);4. Any party involved in the issue to be represented by a nominated

person if they choose to do so;5. The details of the issue and its resolution to be put in writing to the

satisfaction of all parties involved in the issue where requested;

6. A copy of the written agreement to be provided to: parties to the issue (e.g. unions, employer organisations); and if requested, the workplace’s health and safety committee.

Consultation and Representation


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Review Question 4

What areas of WHS are covered under ‘Hazardous Work’ and what are some of the key changes?

Hazardous Work


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Areas covered under Hazardous Work, and key changes include: Noise - exposure standard remains the same; additional

monitoring requirement;

Hazardous Manual Tasks - previously referred to as manual handling; requirements remain largely unchanged;

Confined Spaces - different meanings; signage, recording and communication requirements have changed; and

Falls - the hierarchy of controls and record keeping requirements are specified.

Hazardous Work


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Hazardous Chemicals

Review Question 5

What are some of the specific requirements for controlling hazardous chemical risks?


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Hazardous Chemicals

Requirements for controlling hazardous chemical risks include: A PCBU must ensure an ignition source is not introduced to a hazardous area

where there is a possibility of a fire or explosion. Containment of spills is required for all hazardous chemicals (not just dangerous

goods). Compatibility must be considered. Provision is to be made for cleanup and disposal of wastes. Emergency plans are required to address all hazardous chemicals not just

dangerous goods. A copy of plans must be given to the primary emergency services where

manifest quantities are exceeded. Fire loads, including those from other sources, are to be assessed. Assessment criteria now includes use and generation of hazardous chemicals. Records of testing of fire equipment are to be retained. Hazardous chemicals must be protected ‘against damage by an impact or

excessive loads’.


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Sources of information

Safe Work Australia - www.safeworkaustralia.gov.au

WorkCover NSW - www.workcover.nsw.gov.au

National Safety Council of Australia - www.nsca.org.au

Course Fact Sheets IEU - www.ieu.asn.au

http://www.safeworkaustralia.gov.au/

http://www.workcover.nsw.gov.au/

http://www.nsca.org.au/


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Sources of information

Union organisations including:

Unions NSW - www.council.labor.net.au

Police Association NSW - www.pansw.org.au

Australian Manufacturing Workers Union - www.amwu.org.au

Construction, Forestry, Mining and Energy Union (CFMEU) - www.cfmeu.asn.au

LHMU (United Voice) - www.lhmu.org.au

Transport Workers Union – www.twu.nsw.org.au

Health Services Union – www.hsu.net.au

http://www.lhmu.org.au/

http://www.twu.nsw.org.au/


Www.ieu.asn.au 1 Introduction to the WHS framework and the WHS Regulations.

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Transcript of Www.ieu.asn.au 1 Introduction to the WHS framework and the WHS Regulations.