leadership and management
blastoise
LearnerGuide.pdf
Learner Guide
This learner guide is copyright protected and belongs to:
BSBWHS501
Ensure a Safe Workplace
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T A B L E O F C O N T E N T S
TABLE OF CONTENTS............................................................................................................................... 3
UNIT INTRODUCTION ............................................................................................................................. 6
ABOUT THIS RESOURCE ..................................................................................................................................................... 6 ABOUT ASSESSMENT ............................................................................................................................................................ 7
ELEMENTS AND PERFORMANCE CRITERIA ...................................................................................... 9
PERFORMANCE EVIDENCE AND KNOWLEDGE EVIDENCE.......................................................... 11
KNOWLEDGE EVIDENCE........................................................................................................................................................... 11 PERFORMANCE EVIDENCE ........................................................................................................................................................ 11
ASSESSMENT CONDITIONS .................................................................................................................... 12
PRE-REQUISITES ....................................................................................................................................... 12
TOPIC 1 – ESTABLISH AND MAINTAIN A WHS MANAGEMENT SYSTEM IN A WORK AREA ..... 13
LOCATE, ADAPT, ADOPT AND COMMUNICATE WHS POLICIES THAT CLEARLY DEFINE
THE ORGANISATION’S COMMITMENT TO COMPLYING WITH WHS LEGISLATION ............... 14
COMMITMENT ....................................................................................................................................................................... 14 PLANNING .................................................................................................................................................................................... 15 IMPLEMENTATION...................................................................................................................................................................... 15 MEASUREMENT AND EVALUATION .......................................................................................................................... 15 REVIEW AND IMPROVEMENT ....................................................................................................................................... 16 SOURCES OF INFORMATION ..................................................................................................................................................... 17 CURRENT WHS/OHS LEGISLATION ............................................................................................................................ 17 REGULATIONS ....................................................................................................................................................................... 18 CODES OF PRACTICE .......................................................................................................................................................... 19
IDENTIFY DUTY HOLDERS AND DEFINE WHS RESPONSIBILITIES FOR ALL WORKPLACE
PERSONNEL ACCORDING TO WHS LEGISLATION, POLICIES, PROCEDURES AND
PROGRAMS .................................................................................................................................................. 21
Worker ...................................................................................................................................................................................... 21 PCBU ....................................................................................................................................................................................... 22 Multiple PCBUs .................................................................................................................................................................... 23 PCBU duty to consult ........................................................................................................................................................... 24 Officer ........................................................................................................................................................................................ 24 Duties of others ...................................................................................................................................................................... 25
MANAGING HAZARDS ............................................................................................................................................................... 25 HEALTH AND SAFETY REPRESENTATIVES ............................................................................................................................. 26 HEALTH AND SAFETY COMMITTEES ....................................................................................................................................... 26
OTHER DUTY HOLDERs ............................................................................................................................................... 27
IDENTIFY AND APPROVE FINANCIAL AND HUMAN RESOURCES REQUIRED BY THE WHS
MANAGEMENT SYSTEM (WHSMS)........................................................................................................ 28
IDENTIFYING RESOURCES NEEDED........................................................................................................................................ 28 Human resources........................................................................................................................................................................ 28
FUNDING WHS INITIATIVES.................................................................................................................................................... 28 APPROVING WHS EXPENDITURE ........................................................................................................................................... 29
TOPIC 2 - ESTABLISH AND MAINTAIN EFFECTIVE AND COMPLIANT PARTICIPATION
ARRANGEMENTS FOR MANAGING WHS IN A WORK AREA ........................................................... 30
WORK WITH WORKERS AND THEIR REPRESENTATIVES TO SET UP, AND MAINTAIN
PARTICIPATION ARRANGEMENTS ACCORDING TO RELEVANT WHS LEGISLATION ........... 30
PARTICIPATIVE ARRANGEMENTS .............................................................................................................................. 30
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BENEFITS OF ESTABLISHING PARTICIPATIVE ARRANGEMENTS ......................................................................................... 30 MECHANISMS ............................................................................................................................................................................... 31 PROVIDING FEEDBACK TO PCBUS......................................................................................................................................... 32 PROVIDING INFORMATION TO WORKERS.............................................................................................................................. 32 PROBLEMS WITH PARTICIPATIVE ARRANGEMENTS .............................................................................................................. 32
APPROPRIATELY RESOLVE ISSUES RAISED THROUGH PARTICIPATION AND
CONSULTATION ARRANGEMENTS ACCORDING TO RELEVANT WHS LEGISLATION ........... 34
IDENTIFY THE WHS HAZARDS OR ISSUES THAT NEED TO BE DEALT WITH ................................................................... 34 Determine appropriate action ..................................................................................................................................................... 34 Specify objectives or performance measures ................................................................................................................................... 35 Monitor the program .................................................................................................................................................................. 35 Evaluate and review ................................................................................................................................................................... 35
PROMPTLY PROVIDE INFORMATION ABOUT THE OUTCOMES OF PARTICIPATION AND
CONSULTATION TO WORKERS AND ENSURE IT IS EASY FOR THEM TO ACCESS AND
UNDERSTAND ........................................................................................................................................... 37
CONSULTATION .......................................................................................................................................................................... 37 REQUIREMENTS TO CONSULT WITH WORKERS ..................................................................................................................... 38 COMMUNICATING APPROPRIATELY ......................................................................................................................... 39 ENSURING ACCESSIBILITY OF INFORMATION ....................................................................................................................... 39 COMMUNICATION IN A TIMELY MANNER .............................................................................................................................. 39
TOPIC 3 - ESTABLISH AND MAINTAIN PROCEDURES FOR EFFECTIVELY IDENTIFYING
HAZARDS, AND ASSESSING AND CONTROLLING RISKS IN A WORK AREA ................................ 40
DEVELOP PROCEDURES FOR ONGOING HAZARD IDENTIFICATION, AND ASSESSMENT
AND CONTROL OF ASSOCIATED RISKS .............................................................................................. 40
DANGEROUS OCCURRENCES .................................................................................................................................................... 40 IDENTIFYING HAZARDS ............................................................................................................................................................ 41 DEVELOPING PROCEDURES FOR IDENTIFYING AND REPORTING HAZARDS .................................................................. 41 PREPARING AN OVERVIEW OF THE WORK ENVIRONMENT ................................................................................................ 42 CONDUCTING FORMAL WORKPLACE INSPECTIONS ............................................................................................................. 42 MANAGING HAZARDS ............................................................................................................................................................... 44 RISK ANALYSIS ............................................................................................................................................................................ 44 ASSESSING RISK .......................................................................................................................................................................... 45 THE HIERARCHY OF RISK CONTROL ....................................................................................................................................... 45
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 AND EXISTING HAZARDS ARE CONTROLLED ..... 46
PLANNING, DESIGNING AND EVALUATING CHANGES ....................................................................................................... 46
DEVELOP AND MAINTAIN PROCEDURES FOR SELECTING AND IMPLEMENTING RISK
CONTROLS ACCORDING TO THE HIERARCHY OF CONTROL AND WHS LEGISLATIVE
REQUIREMENTS ...................................................................................................................................... 47
HIERARCHY OF RISK CONTROL ............................................................................................................................................... 47 TYPES OF CONTROLS ................................................................................................................................................................. 47
IDENTIFY INADEQUACIES IN EXISTING RISK CONTROLS ACCORDING TO THE
HIERARCHY OF CONTROL AND WHS LEGISLATIVE REQUIREMENTS, AND PROMPTLY
PROVIDE RESOURCES TO ENABLE IMPLEMENTATION OF NEW MEASURES ......................... 49
IDENTIFY REQUIREMENTS FOR EXPERT WHS ADVICE, AND REQUEST THIS ADVICE AS
REQUIRED ................................................................................................................................................. 50
USING WHS EXPERTS ............................................................................................................................................................... 50
TOPIC 4 - EVALUATE AND MAINTAIN A WHS MANAGEMENT SYSTEM ....................................... 51
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DEVELOP AND PROVIDE A WHS INDUCTION AND TRAINING PROGRAM FOR ALL
WORKERS AS PART OF THE ORGANISATION’S TRAINING PROGRAM ......................................... 51
PROVIDING WORKPLACE INDUCTION .................................................................................................................................... 51 ONGOING TRAINING ................................................................................................................................................................. 52
USE A SYSTEM FOR WHS RECORDKEEPING TO ALLOW IDENTIFICATION OF PATTERNS OF
OCCUPATIONAL INJURY AND DISEASE IN THE ORGANISATION, AND TO MAINTAIN A
RECORD OF WHS DECISIONS MADE, INCLUDING REASONS FOR THE DECISION ................. 53
MEASURE AND EVALUATE THE WHSMS IN LINE WITH THE ORGANISATION’S QUALITY
SYSTEMS FRAMEWORK ........................................................................................................................... 55
MEASURING PERFORMANCE .................................................................................................................................................... 55
DEVELOP AND IMPLEMENT IMPROVEMENTS TO THE WHSMS TO ACHIEVE
ORGANISATIONAL WHS OBJECTIVES ................................................................................................. 56
PROACTIVE RESPONSE .............................................................................................................................................................. 56 ACTION PLANS ............................................................................................................................................................................ 57
ENSURE COMPLIANCE WITH THE WHS LEGISLATIVE FRAMEWORK SO THAT, AS A
MINIMUM, WHS LEGAL REQUIREMENTS ARE ACHIEVED ........................................................... 58
CONDUCTING REGULAR AUDITS ............................................................................................................................................. 58
SUMMARY ................................................................................................................................................... 60
REFERENCES ............................................................................................................................................. 61
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U N I T I N T R O D U C T I O N
This resource covers the unit BSBWHS501 - Ensure a safe workplace.
This unit describes the 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, according to WHS legislative requirements. It takes a systems approach and addresses
compliance with relevant legislative requirements.
This unit applies to managers working in a range of contexts who have, or are likely to have
responsibility for WHS as part of their broader management role. It is relevant for people with
obligations under WHS legislation, for example persons conducting a business or undertaking
(PCBUs) or officers, as defined by relevant legislation.
NOTE: The terms 'occupational health and safety' (OHS) and 'work health and safety' (WHS)
are equivalent and generally either can be used in the workplace. In jurisdictions where the Model
WHS Legislation has not been implemented RTOs are advised to contextualise the unit of
competency by referring to the existing State/Territory OHS legislative requirements.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
ABOUT THIS RESOURCE
This resource brings together information to develop your knowledge about this unit. The
information is designed to reflect the requirements of the unit and uses headings to makes it
easier to follow.
Read through this resource to develop your knowledge in preparation for your assessment. You
will be required to complete the assessment tools that are included in your program. At the back
of the resource are a list of references you may find useful to review.
As a student it is important to extend your learning and to search out text books, internet sites,
talk to people at work and read newspaper articles and journals which can provide additional
learning material.
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Your trainer may include additional information and provide activities, slide presentations, and
assessments in class to support your learning.
ABOUT ASSESSMENT
Throughout your training we are committed to your learning by providing a training and
assessment framework that ensures the knowledge gained through training is translated into
practical on the job improvements.
You are going to be assessed for:
Your skills and knowledge using written and observation activities that apply to your
workplace.
Your ability to apply your learning.
Your ability to recognise common principles and actively use these on the job.
You will receive an overall result of Competent or Not Yet Competent for the assessment of this
unit. The assessment is a competency based assessment, which has no pass or fail. You are either
competent or not yet competent. Not Yet Competent means that you still are in the process of
understanding and acquiring the skills and knowledge required to be marked competent. The
assessment process is made up of a number of assessment methods. You are required to achieve
a satisfactory result in each of these to be deemed competent overall.
All of your assessment and training is provided as a positive learning tool. Your assessor will
guide your learning and provide feedback on your responses to the assessment. For valid and
reliable assessment of this unit, a range of assessment methods will be used to assess practical
skills and knowledge.
Your assessment may be conducted through a combination of the following methods:
Written Activity
Case Study
Observation
Questions
Third Party Report
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The assessment tool for this unit should be completed within the specified time period following
the delivery of the unit. If you feel you are not yet ready for assessment, discuss this with your
trainer and assessor.
To be successful in this unit you will need to relate your learning to your workplace. You may be
required to demonstrate your skills and be observed by your assessor in your workplace
environment. Some units provide for a simulated work environment and your trainer and
assessor will outline the requirements in these instances.
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E L E M E N T S A N D P E R F O R M A N C E C R I T E R I A
1. Establish a WHS
management system in a work
area
1.1 Locate, adapt, adopt and communicate WHS policies that
clearly define the organisation’s commitment to complying
with WHS legislation
1.2 Identify duty holders and define WHS responsibilities for all
workplace personnel according to WHS legislation, policies,
procedures and programs
1.3 Identify and approve financial and human resources required
by the WHS management system (WHSMS)
2. Establish and maintain
effective and compliant
participation arrangements for
managing WHS in a work area
2.1 Work with workers and their representatives to set up and
maintain participation arrangements according to relevant WHS
legislation
2.2 Appropriately resolve issues raised through participation and
consultation arrangements according to relevant WHS legislation
2.3 Promptly provide information about the outcomes of
participation and consultation to workers and ensure it is easy
for them to access and understand
3. Establish and maintain
procedures for effectively
identifying hazards, and
assessing and controlling risks
in a work area
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 and
existing hazards are controlled
3.3 Develop and maintain procedures for selecting and
implementing risk controls according to the hierarchy of control
and WHS legislative requirements
3.4 Identify inadequacies in existing risk controls according to
the hierarchy of control and WHS legislative requirements, and
promptly provide resources to enable implementation of new
measures
3.5 Identify requirements for expert WHS advice, and request
this advice as required
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4. Evaluate and maintain a
WHS management system
4.1 Develop and provide a WHS induction and training program
for all workers as part of the organisation’s training program
4.2 Use a system for WHS recordkeeping to allow identification
of patterns of occupational injury and disease in the
organisation, and to maintain a record of WHS decisions made,
including reasons for the decision
4.3 Measure and evaluate the WHSMS in line with the
organisation’s quality systems framework
4.4 Develop and implement improvements to the WHSMS to
achieve organisational WHS objectives
4.5 Ensure compliance with the WHS legislative framework so
that, as a minimum, WHS legal requirements are achieved
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P E R F O R M A N C E E V I D E N C E A N D K N O W L E D G E E V I D E N C E
This describes the essential knowledge and skills and their level required for this unit.
KNOWLEDGE EVIDENCE
To complete the unit requirements safely and effectively, the individual must:
Identify and detail relevant WHS Acts, regulations and codes of practice
Specify relevant WHS organisational policies, procedures, programs and practices
Explain hazard identification and risk-management processes
Describe the hierarchy of risk control and how it is applied in the workplace
Specify in-house and WHS legislative reporting requirements
PERFORMANCE EVIDENCE
Evidence of the ability to:
Establish, implement, maintain and evaluate a work health and safety (WHS)
management system for a work area of an organisation in accordance with WHS
legislation including policies, procedures and record keeping
Ensure organisational WHS compliance
Establish, implement, maintain and evaluate effective and compliant participation
arrangements for managing WHS including identifying duty holders, identifying and
approving the required resources and developing and implementing a training
program
Establish, implement, maintain and evaluate procedures for effectively identifying
hazards, and assessing and controlling risks using the hierarchy of risk control
Provide information and complete documentation for a WHS management system
Identify requirements for and request expert WHS advice
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Note: If a specific volume or frequency is not stated, then evidence must be provided at least
once.
A S S E S S M E N T C O N D I T I O N S
Assessment must be conducted in a safe environment where evidence gathered demonstrates
consistent performance of typical activities experienced by individuals carrying out work health
and safety duties in the workplace and include access to:
Organisational WHS policies and procedures
WHS legislation, regulations and codes of practice
Case studies and, where possible, real situations
Interaction with others
Assessors must satisfy NVR/AQTF assessor requirements.
P R E - R E Q U I S I T E S
This unit must be assessed after the following pre-requisite unit:
There are no pre-requisites for this unit.
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T O P I C 1 – E S T A B L I S H A N D M A I N T A I N A W H S M A N A G E M E N T
S Y S T E M I N A W O R K A R E A
Creating a safe work environment is one of the most important tasks for a manager. A safe workplace enables the
employees to work comfortably without concerns for their own safety. A proactive approach addresses potential
dangers before they become an issue. Get the entire staff involved in workplace safety issues. Working collectively
increases the chances of a safe, productive work environment for all employees.
Step 1 - Assess the risks specific to the workplace. Each workplace holds its own
risks and dangers based on the nature of the work, so a thorough assessment of the
surroundings is key.
Step 2 - Create safety policies and procedures that address the identified risks for the
workplace. Ensure that all employees receive training and have access to these
policies and procedures.
Step 3 - Conduct background checks on potential employees to check for red flags
that could threaten the safety of other employees.
Step 4 - Inspect the physical space of the workplace to identify dangers. Ensure that
all lighting and safety equipment remain in good working order. Make necessary
repairs to the facilities immediately.
Step 5 - Create a plan of action in case of an emergency. Consider the types of
emergencies that may threaten the workplace. Practice the emergency response with
the staff to ensure everyone understands the procedures.
Step 6 - Establish a procedure for visitors in the workplace. Restricting access
without an escort, checking identification and requiring visitors to sign in are typical
procedures.
Step 7 - Establish an environment that encourages open communication. Initiate a
zero-tolerance policy for violence and discrimination to ensure all employees feel safe
and free to express their opinions.1
1 http://smallbusiness.chron.com/ensure-workplace-safety-43152.html
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LOCATE, ADAPT , ADOP T AND COMMUNICATE WHS
POLICIES THAT CLEARL Y DEFINE THE ORGANIS ATION’S
COMMITMENT T O COMPLY ING WITH WHS LE GISLATION
WHS management is comprised of five principles that, if followed, will enable an organisation to
locate, adapt, adopt and communicate WHS policies. These five general principles are:
Commitment
Planning
Implementation
Measurement and evaluation
Review and improvement
COMMITMENT
The leadership and commitment of the organisations management team is an important part of
WHS management and is required to successfully implement a WHS policy.
The management team must be willing to participate in an initial review of the organisation’s
current WHS position. They should also be involved in subsequent reviews of WHS. This will
help to provide a clear picture of the organisation’s WHS performance over previous years,
including:
Hot-spots, or areas in the organisation that have a higher incidence of injuries
Injury trends (for example, stress or hazardous manual tasks)
Organisational hazards and methods of risk assessment/control
Identification of gaps in current WHS management systems
Compliance with legislative requirements
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PLANNING
When planning WHS policies the first step is to assess the results of the WHS review Once
assessed, management should plan realistic and measurable objectives and targets that fulfill the
organisation’s corporate goals and vision. Plans should include:
Any resources (financial and human) allocated to achieving the objectives and targets
Strategies for informing workers when the organisation’s WHS policies are
implemented or improved
Particulars of any risk management or WHS audit systems that are in place or will be
implemented
The activities necessary to bring the organisation to full compliance with all relevant
legislation
Procedures for regularly reviewing the WHS policies
Consultation arrangements for developing or varying WHS policies to fully inform
workers and ensure that their views are represented
IMPLEMENTATION
The effectiveness of a WHS policy will depend on how successfully it has been implemented and
integrated into the organisation’s daily business operations.
Communication and consultation strategies should be put in place so that all workers understand
their responsibilities and the necessity of implementing an effective WHS policy. These strategies
may include:
Information meetings
Preparing brochures or booklets detailing the health and safety workplace
arrangements
Including information on any internal newsletters or information emails circulated to
workers
Placing information on bulletin boards or posting signs in prominent areas of the
building
Consultative forums involving workers, worker representatives and unions
MEASUREMENT AND EVAL UATION
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Once a WHS policy is put in place; it is necessary to measure and evaluate performance so the
organisation can monitor the effectiveness of it, and make adjustments to ensure a process of
continuous improvement.
Procedures for measurement and evaluation of the policy should be developed in the planning
stage. These procedures should provide information on:
Persons responsible for monitoring and evaluation
Systems developed for measuring WHS performance
Testing methods specific to your organisation – firedrills, evacuation drills, etc.
Audit tools to be used, such as WHS-specific audit tools or internally developed audit
methods
REVIEW AND IMPROVEME NT
It is important to regularly review an organisation’s WHS policies. With changes in work systems,
legislation, technology, organisational structure, chemicals, machinery and plant, it is vital that
PCBUs remain aware of changes in their work environment and ensure that the health and safety
of workers are not compromised as a result of these changes.
It is easy to become complacent following the introduction of a WHS policy. This is the reason
ongoing review and improvement is so important—to ensure that WHS performance is
continuously improved wherever possible.
Review of WHS policies may be carried out at any stage following integration with your core
business activities, and can take many forms. For example:
A full annual audit of the effectiveness of the system
Regular monthly reviews following analysis of objectives, targets and performance
indicators
A review following hazard inspections
During audit of a particular group, division or branch
As a feedback mechanism from workers following training
Following an investigation into an incident or accident
Any instances of non-compliance with legislative requirements
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Changes necessary as a result of the introduction of new technology, plant,
equipment, chemicals or work practices
SOURCES OF INFORMATI ON
The above gives you a guide to information about WHS.
You could also refer to:
The Work Health and Safety Act 2011
Approved codes of practice
Agency-specific documents which detail appropriate practices and procedures for the effective management of
WHS at the workplace, for example:
WHS policies, procedures and agreements
WHS hazard policies and procedures, including prevention strategies aimed at reducing the incidence of
body stressing or manual task injuries
Publications produced by Comcare which may be relevant to your requirements availble at
www.comcare.gov.au
Guidance and fact sheets produced by Safe Work Australia which may be relevant to your requirements
available at www. safeworkaustralia.gov.au
AS/NZS 4801:2001 Occupational Health and Safety Management systems—specification with
guidance for use
AS/NZS 4804:2001 Occupational Health and Safety Management systems—general guidelines and
principles, systems and supporting techniques
Your organisation’s WHS Manager and/or Advisor
Your organisation’s health and safety policies and procedures
- "The Management Of Work Health And Safety In The Commonwealth." Web. 21 May. 2015 <http://www.comcare.gov.au/__data/assets/pdf_file/0007/109528/The_management_of_w>.
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CURRENT WHS/OHS LEGI SLATION
2 "The Management Of Work Health And Safety In The Commonwealth." Web. 21 May. 2015 <http://www.comcare.gov.au/__data/assets/pdf_file/0007/109528/The_management_of_w>.
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Each State/Territory has a principal WHS/OHS Act, setting out the legal requirements for ensuring workplaces are safe and healthy places. The key principle in each principal Act is the employer’s responsibility known as the employer’s “duty of care”. This is the strict legal duty of the employer to provide a safe and healthy place of work for employees and others. Further requirements in each principal Act spell out the duties and rights of workers, such as the duty to take care of one’s own health and safety and that of others, and rights of worker participation in matters of health and safety via WHS/OHS representatives and WHS/OHS committees. Other groups such as suppliers and manufacturers also have duties in relation to WHS/OHS. Each State/Territory may also have smaller, more specialised Acts dealing with specific aspects of WHS/OHS such as
dangerous goods. Acts may contain site‐specific requirements (permit‐to‐operate regimes) or relate to particular equipment, products or services. -<http://www.softwarepublications.com.au/files/Samples/5-55- 6%20Sample%20BSBOHS301B%20Apply%20knowledge%20of%20OHS%20legislation%20in%20the%20work place%2011%20July%202011-2.pdf>
The following is a representative listing of some relevant State WHS/OHS legislation in force at
the current time (this will change with harmonisation). The complete list of Acts applicable to an
organisation must be based on the operations of the organisation and the scope of its activities,
products and/or services. Always check further with your state and commonwealth bodies if you
are unsure. It is important to note that the name of the Act or Regulation coupled with the year it
was enacted is the total name of the relevant document, so you should always include the year
date, to ensure that it is the correct one.
STATE & COMMONWEALTH OHS STATUTES & REGULATIONS
NSW: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011
ACT: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011
QLD: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011
TAS: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011
WA: Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996
SA: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011
NT: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011
VIC: Occupational Health and Safety Act 2004 Occupational Health and Safety Regulation 2007
REGULATIONS
General WHS/OHS Regulations contain provisions that are designed to help extract the duties
and responsibilities outlined in the principal State/Territory WHS/OHS Acts. Many Regulations
adopt a performance‐based approach but prescribe specific detailed controls for highly
hazardous areas.
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Some regulations are activity‐specific such as those covering work in confined spaces. Others
may be compliance regimes for specific hazards such as noise or specific to particular processes.
Other regulations may be specific to particular industries.
CODES OF PRACTICE
An Approved Code of Practice is an expert practical guide for achieving the standard of safety
required by WHS/OHS legislation for a particular area of work. A Code of Practice provides
further information on the duties referred to in the Acts and supplementary information on safe
work practices, on how employers may meet safety requirements and fulfill their duty of care to
workers. Codes of Practice spell out the duties of employers and other groups in controlling risks
associated with specific hazards.
Workers/supervisors must be familiar with the content of Approved Codes of Practice that are
applicable to their work area and should be able to accurately explain their implications to the
workgroup.
Many Codes of Practice have been or are currently being redrafted through Safe Work Australia
(http://www.safeworkaustralia.gov.au/sites/SWA) as Draft Model Codes of Practice and can be
viewed on the website.
Codes of Practice are not legally enforceable in themselves, but can be used as evidence in court
to show whether or not an employer has satisfied an OHS Act or Regulation or the employer’s
common law duty of care.
Codes of Practice:
Provide practical guidance
Should be followed unless another solution achieves the same or better results
May be used in support of preventive and controlling measures
Codes of Practice, like Regulations, are written in conjunction with the OHS legislation (and
Regulations) to support and enable workers to gain an understanding and work instructions that
allow them to recognise the WHS/OHS requirements in a particular area of their work.
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Codes of Practice are specific individual work instructions or advice that give clear definitions
and instructions of how an area of work should be treated, managed or performed. Many of
these Codes are written to specific industries where health and safety at work are of special
concern, such as the construction, mining, rural and manufacturing industries. There are,
however, also a number of Codes written which could be considered “generic” because they are
used across many or all industries, such as the Queensland Codes of Practice for First Aid 2004
and Children and Young Workers 2006.
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IDENT IFY DU TY HOLDE RS AND DEFINE WHS
RESPONS IB ILITIES FOR AL L WORKPLACE PERSO NNEL
ACCORDING T O WHS LEG ISL ATION, P OLICIE S, P ROCEDU RES
AND P ROGRAMS
Duties under the WHS Act are non-transferable. A person may have more than one duty, and more than one person can have the same duty. However, in that case, each person must discharge the duty to the extent the person has the capacity to influence and control the matter (or would have that capacity but for an agreement or arrangement purporting to limit or remove that capacity). - " WHS duty holders." Web. 21 May. 2015 <http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/>.
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Duties imposed on a worker to ensure health or safety requires the worker:
To eliminate risks to health and safety, so far as is reasonably practicable, and
If it is not reasonably practicable to eliminate risks to health and safety, to minimise
those risks so far as is reasonably practicable
The following section relates to the definitions and responsibilities of duty holders and workplace
personnel. The information below is from the comcare website and is the Australian
Governments definitions of the Roles and Responsibilities of WHS duty holders.
WORKER
WHS practitioners are workers. The WHS Act adopts a broad definition of ‘worker’ to recognise the changing nature of work relationships and to ensure health and safety protection is extended to all types of workers. A worker includes:
Employees
Independent contractors
Sub-contractors
Outworkers e.g. Home based
Apprentices
Work experience students
Trainees
Volunteers who work in employment like settings
Volunteer means a person who is acting on a voluntary basis (irrespective of whether they receive out-of-pocket expenses):
The WHS Act specifically protects volunteers in their capacity as workers
3 " WHS duty holders." Web. 21 May. 2015 <http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/>.
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Ensures that volunteers are not discouraged from participating in community-based activities
A ‘volunteer association’ (as defined) is not treated as a business or undertaking
Workers must:
Take reasonable care of own health and safety
Take reasonable care that their acts or omissions do not adversely affect the health and safety of other
persons
Comply, so far as the worker is reasonably able, with any reasonable instruction given by a person
conducting a business or undertaking to allow the person conducting the business or undertaking to comply
with the WHS Act
Cooperate with any reasonable policy or procedure of the person conducting the business or undertaking
which relates to work health or safety and that has been notified to workers
-" WHS duty holders." Web. 21 May. 2015 <http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/>.
PCBU
The principal duty holder is a ‘person conducting a business or undertaking’ and has replaced the term ‘employer’. PCBUs include the Commonwealth, Commonwealth Authorities, non-Commonwealth licensees, principal contractors, and will, in some cases, necessitate an analysis to understand who is a PCBU in a particular factual context under the WHS laws. The duty of a person conducting a business or undertaking is probably the most significant conceptual change from the majority of previous OHS Acts. For the public sector, it means that every activity is captured, both policy and operational. This change is aimed at ensuring that the WHS Act coverage extends beyond the traditional employer/employee relationship to include new and evolving work arrangements. PCBU replaces current duties of:
Employer (to employees)
Employer conducting business or undertaking (to others)
Self-employed person (to others)
The WHS act also places specific upstream duties on PCBU’s who carry out specific activities:
Persons with management or control of a workplace/fixtures, fittings and plant
Designers, manufacturers, importers, suppliers and PCBU’s that install construct or commission plant or
structures
Duties extend to any PCBU who is contributing to work has a duty of care. This can be more than one
duty in relation to specific activities
‘Volunteer association’ (as defined) is not treated as a business or undertaking
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-" WHS duty holders." Web. 21 May. 2015 <http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/>.
MULTIPLE PCBUS
A PCBU retains overall responsibility for workplace health and safety even if they contract out activities to others under their duty of care obligations. The WHS Act provides that a person can have more than one duty by virtue of being in more than one class of duty holder and that more than one person can concurrently owe the same duty. If more than one person has a duty of care for same matter, then each person:
Retain responsibility for their duty in relation to the matter
Must discharge their duty to the extent the matter is within the person’s capacity to influence or control
Must consult, cooperate and coordinate activities with all other persons who have a duty in relation to the
same matter
-" WHS duty holders." Web. 21 May. 2015 <http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/>.
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PCBU DUTY TO CONSULT
A PCBU, through its officers, has a duty under the WHS Act to consult with workers at all levels of the business. Senior leaders and managers should promote and foster open lines of communication and consultation with workers. This can be achieved by:
Creating and nurturing joint partnerships with:
Workplace work groups
HSRs and employee representatives
Other involved PCBUs
Ensuring effective consultation processes are built into the business through its systems, policies and
procedures
Engage with workers by being visible and open to feedback and ideas
-" WHS duty holders." Web. 21 May. 2015 <http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/>.
OFFICER
An officer is a senior executive who makes, or participates in making, decisions that affect the whole, or a substantial part, of a business or undertaking. Officers have a duty to be proactive and continuously ensure that the business or undertaking complies with relevant duties and obligations. The scope of an officers’ duty is directly related to the influential nature of their position. A high standard requires persistent examination and care to ensure that the resources and systems of the business or undertaking are adequate to comply with the duty of care required under the WHS Act. This also requires officers to ensure that delegations are working effectively. Where the officer relies on the expertise of a manager or other person, that expertise must be verified, and the reliance must be reasonable. The intention of the officers’ duty is to ensure engagement and leadership by officers in WHS management, better providing for sustainability and improvement in WHS performance. Officers of PCBUs that have a duty or obligation under the WHS Act must exercise ‘due diligence’ to ensure that the person conducting a business or undertaking complies with that duty or obligation. -" WHS duty holders." Web. 21 May. 2015 <http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/>.
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DUTIES OF OTHERS
All other persons at a workplace, such as visitors or customers, have health and safety duties. They include:
Taking reasonable care of their own health and safety at the workplace, and ensuring that their acts or
omissions do not adversely affect the health and safety of others at the workplace.
Complying, so far as they are reasonably able to, with any reasonable instruction that is given by the
PCBU to allow the PCBU to comply with the WHS laws.
-" WHS duty holders." Web. 21 May. 2015 <http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/>.
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MANAGING HAZARDS
Workplace hazards exist in all workplaces and organisations. The WHS Act and regulations
require PCBUs to implement risk management practices, including systems to identify hazards,
and then assess and eliminate or control the risks arising from these hazards.
A hazard is an object or situation that has the potential to cause harm, resulting in injury, illness
or damage to property. A risk is the likelihood that a hazard may cause harm. Everyone has
responsibility for reporting hazards they identify at work, and this is critical for maintaining a
healthy and safe workplace.
It may be your responsibility to implement and monitor procedures for identifying hazards and
assessing risks. Every organisation will have procedures in place to identify and monitor its
workplace hazards and risks. It is very important that you adhere to these organisational
procedures. This will help to ensure procedures for hazard identification and risk control are
known and complied with within your workplace
Non-compliance may result in harm or permanent injury to workers or visitors to the workplace.
For example, carpet or lino that has come unstuck may cause someone to trip; chemical spills
that remain on a factory floor may cause a fall; or a poorly maintained air-conditioner may result
in a polluted environment that causes an asthma attack.
Hazards and risks can be avoided with:
A comprehensive maintenance program
4 -" WHS duty holders." Web. 21 May. 2015 <http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/>.
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An effective overall WHS management system
Regular safety audits
Purchasing and using equipment and machinery that meets recognised safety
standards
A system to evaluate and review risk management practices
An effective process that enables all workers to report hazards as they are identified
in the workplace
HEALTH AND SAFETY RE PRESENTATIVES
The role of health and safety representatives (HSRs) is to consult with workers through informal
and formal discussions at worker meetings and via surveys to identify WHS issues that need to
be resolved. HSRs provide information to managers, supervisors and workers. They usually
represent workers in relation to WHS issues and may have authority in some cases. HSRs need to
have a wide range of WHS knowledge, including:
The organisation's current requirements and obligations in accordance with
legislation, regulation and codes of practice
How to conduct WHS induction
The types of incidents that are notifiable
Requirements for consultation in the workplace
How to advise on safe work practices
The process for WHS audits and accident investigations
All organisations are required to ensure that WHS issues are dealt with promptly and in
accordance with the law. The legislation does not require all organisations to have an HSR,
however, an HSR must be appointed if requested.
HEALTH AND SAFETY CO MMITTEES
Health and safety committees (HSCs) bring together management and workers to focus on WHS
issues. Under the Work Health and Safety Act 2011 (Cth), an HSC must be set up within two
months of being requested to do so by an HSR or five or more workers in the workplace.
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This legislation also requires an HSC to meet every three months and at any reasonable time if
requested by at least half of the committee members. PCBUs must allow each committee
member to attend a scheduled meeting.
HSCS play an important role in an organisation by:
Facilitating cooperation between the PCBU and workers on health and safety
Discussing identified WHS problems
Consulting with workers and making recommendations aimed at improving health
and safety in the workplace
Assisting in developing health and safety standards, rules and procedures
Monitoring and reporting on WHS performance (including compliance with
legislation and workplace policies and procedures)
OTHER DUTY HOLDERS
Other duty holders could include but not limited to:
Management
Health and Safety Inspectors
Safety Officer
Fire Warden
Security Officers
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IDENT IFY AND APPROVE FINANCIAL AND HU MAN
RESOURCES RE QUIRED B Y THE WHS MANAGEMENT SYSTEM
(WHSMS)
To ensure that you are compliant with WHS legislation and regulations, a planned, systematic
and well-documented WHS management system must be in place. The system must be
appropriate for the business and its activities and must enable relevant workplace information
and data to be examined to identify hazards and assess and control risks.
IDENTIFYING RESOURCE S NEEDED
As a health and safety officer, you will need to consult with your team and other stakeholders to
determine their priorities for resources.
HUMAN RESOURCES
People are the most important resource for any WHS action, after all, WHS is about maintaining
the safety of people in the workplace. Implementing WHS initiatives and systems requires both
financial support and human resources. Some of the WHS human resources that may be required
in an organisation will include:
The health and safety committee (with regard to WHS legislation and regulations)
Specialist health and safety representatives
Emergency wardens
First-aid officers
Compliance officers or auditors
Managers, supervisors and workers
FUNDING WHS INITIATI VES
To implement a WHS system can be implemented and maintained without adequate financial
support. For example, finances are needed for the employment and salary of a health and safety
officer, to fund training courses, to purchase physical WHS resources (such as personal
protective equipment) or for upgrading equipment.
Sufficient money must be allocated to allow for these ongoing costs, as well as an allowance for
unforeseen WHS events during the budget period.
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APPROVING WHS EXPENDITURE
Depending on the organisation, most resourcing decisions require the approval of a person with
the authority to approval financial expenditure. An approval generally requires you to present a
detailed cost breakdown of exactly what the program entails and the expected outcomes of
implementation.
When determining whether or not to approve an initiative, you will need to consider the
following:
Will this initiative assist the organisation in meeting statutory requirements?
Will this initiative assist the organisation in meeting its strategic WHS objectives?
Are all the costs associated with planning, implementing and evaluating accounted
for?
What benefits will the organisation gain from this initiative?
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T O P I C 2 - E S T A B L I S H A N D M A I N T A I N E F F E C T I V E A N D
C O M P L I A N T P A R T I C I P A T I O N A R R A N G E M E N T S F O R M A N A G I N G
W H S I N A W O R K A R E A
WORK WITH WORKERS AN D TH EIR REPRESENT ATI VE S T O
SET UP, AND MAINTAIN PART IC IPATION ARRANGEMENTS
ACCORDING T O RELEVAN T WH S LEGISLATION
Work health and safety laws require PCBUs to consult with workers regarding health, safety and
welfare issues at work. Workers also have a right to be involved in health and safety matters and
may elect to be represented by a health and safety representative (HSR) for their work group.
Consultation is vital and is required by law on any matters of WHS in any organisation.
PARTICIPATIVE ARRANG EMENTS
Developing and implementing health and safety policies and procedures requires the support of
workers. You will be more likely to have workers participate in implementing any new initiatives
if they have been consulted and feel their opinion has been valued.
When identifying health and safety issues workers are very important. The become aware of
potential hazards because they are performing these tasks every day. Effective participation from
all workes can bring potential hazards and solutions for these to the attention of management
BENEFITS OF ES TABLISHING PARTICIPATIVE ARRAN GEMENTS
A healthier work environment and improved morale and productivity can be achieved when the
PCBU and workers collaborate on health and safety issues. A strong health and safety culture is
one where workers believe their leaders are committed to health and safety and that any input
workers have into the development or review of systems, policies and procedures is valued and
followed. participative arrangements benefits WHS/OHS in many ways.
These include:
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It helps PCBUs to become more aware of hazards and health and safety issues
experienced by workers
It improves management decisions regarding health and safety
It enables workers to provide suggestions about how to address health and safety
problems and contribute to determining how the work can be done safely
It may result in greater PCBU and worker commitment to health and safety and
increased ownership of work outcomes
It promotes increased openness, respect and trust between management and workers
through developing an understanding of each other's points of view
It may help reduce injury and disease because of timely intervention
MECHANISMS
Health and safety consultation is a two-way process. Workers need a provide feedback regarding
health and safety matters, and they need to have the tools and methods in which to do this. You
must ensure you provide health and safety updates to workers at all times and within acceptable
timeframes. For consultation to be truly participative, you need to consider each of the following
points:
The worker location and how they can contribute to health and safety issues; for
example, whether they are on site, in a remote location or working from a home
office
The nature of the work; for example, whether it is flexible, inflexible or systematic
The times workers are available; for example, during business hours, on shift work or
rosters
The diversity of workers; for example, intellectual and physical capabilities, or
domestic responsibilities
You will need to establish monitor systems to ensure you monitor consultative arrangements to
see how they may be improved; this is vital to continuous improvement in your organisation.
You can achieve this by asking workers for feedback and discussing the ways in which the
arrangements can be improved. You may also seek advice from a health and safety specialist to
determine whether your arrangements are as effective as possible.
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PROVIDING FEEDBACK T O PCBUS
Workers need to provide feedback to PCBU’s on health and safety matters and below is an
example of the types of issues and how they can be reported.
Identify or assess hazards or risks - Tell the HSR
Make suggestions about how to control risks - Tell the health and safety officer
Provide suggestions for resolving health and safety issues - Include the issue on the
agenda for the next health and safety meeting
Write a complaint or raise an issue and place it in the suggestion box - Discuss the
issue at a staff meeting
Propose changes to the workplace to improve their health and safety - Arrange a
toolbox meeting
PROVIDING INFORMATIO N TO WORKERS
Establishing and maintaining communication between management, HSRs, health and safety
officers, committees and workers is crucial. Below are some of the methods that can be used to
provide workers with information:
Regular meetings with HSRs and HSC members
Regular workplace inspections and safety audits
Hazard identification and risk assessments
Health and safety issues on the agenda for every staff meeting
Regular consultation with the health and safety officer
Intranet notification system for WHS issues
Suggestion box
Health and safety signage and notices throughout workplace
Formal health and safety issue resolution processes
PROBLEMS WITH PARTIC IPATIVE ARRANGEME NTS
Just because your organisation has put in place health and safety participative arrangements, it
does not mean they will be effective. The common failures of participative arrangements include:
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A strong legislative focus without consideration for workplace circumstances and
culture
A lack of PCBU commitment to health and safety consultation
Insufficient management capacity to adopt and support appropriate participative
arrangements
A lack of integration with other systems in the organisation
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APPROPRIA TEL Y RESOL VE ISSU ES RAISED THROUGH
PARTICIP ATION AND CO NSU LT ATION ARRANGEME NTS
ACCORDING T O RELEVAN T WH S LEGISLATION
Once the health and safety issues have been raised through the use of participative arrangements
and consultations you will need to appropriately resolve them. These resolution must be done
according to relevant WHS legislations. In this section we will go through the steps that will need
to be take in order to resolve any issues.
IDENTIFY THE WHS HAZ ARDS OR ISSUES THAT NEED TO BE DEALT
WITH
The hazards or issues need to be established and clearly defined. They should be considered in
the following terms:
Potential outcomes for harm
The context of the workplace (ie people, plant, substances, the systems or work
activities in place etc)
Current processes in place
Technology and resources available
DETERMINE APPROPRIATE ACTION
Consider what needs to be done in order to manage the identified issues. This could include:
Changes to the work system, processes or methods
Information and training
Risk management strategies, e.g., Manual handling, noise, hazardous substances
Resources to be provided
Researching new technology
The role and responsibilities of involved parties
Supervising and reviewing the program
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SPECIFY OBJECTIVES OR PERFORMANCE MEASURES
OHS programs should specify objectives in order to determine their success. Objectives should
be specific, measurable and achievable. They should also make reference to time, cost and quality
requirements where applicable.
MONITOR THE PROGRAM
Programs should be reviewed at the end of the stated time frame, however it is usually necessary
to monitor the program on an ongoing basis to enable problems to be dealt with as they arise, or
modifications to be made if required. For example, additional resources may need to be allocated,
a certain type of training may be required, new information or legislation may affect current
actions, etc.
Mechanisms should be established to enable employees and supervisors to express their concerns
about any aspect of the program. The WHS committee and/or WHS representative should be
involved in this process to strengthen consultation and commitment.
EVALUATE AND REVIEW
Programs must be flexible. Once in place they must be reviewed to ensure their objectives are
being met in effectively promoting health and safety in the workplace.
The WHS committee representative should have a role in the process of review and evaluation.
They can then make recommendations to management about what should be done in the future
to enable continual improvement or take corrective action. This should be done with direct
reference to the stated program objectives or performance measures.
One method of evaluating the program could be for the WHS committee representative to
survey employees and supervisors about the effectiveness of the program at the end of a
designated period.
If the program is successful and a decision is made to continue with it on a permanent basis,
periodic review is important. Changes in technology, legislation and work systems may result in
improved prevention and control strategies.
In order for your organisation and yourself to establish a suitable Health and Safety management
system, it is important that you and your staff are fully aware of the requirements for Occupation
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Health and Safety, Industry Code of Practice and the Standard Operating Procedures which are
set by your organisation and by the government in general.
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PROMPTLY PROVIDE INF ORMATION AB OUT T H E O UTCOMES
OF PARTICIP ATION AND CONSU LTATION TO WOR KERS AND
ENSURE IT IS E ASY FO R THEM TO ACCES S AND
UNDERSTAND
CONSULTATION
Consultation is defined in the Workplace Health and Safety Act/Occupational Health and Safety
Act as the sharing of relevant information on occupational health and safety where employees are
given the opportunity to express their views and contribute in a timely fashion to resolution of
workplace health and safety issues.
Consultation means that employees’ views are valued and taken into account by the business. Consultation needs to be a two-way communication that allows for employees to contribute to the decision-making which affects their health, safety and welfare. Consultation is not the same as negotiation. Employers must consult with their employees in the following situations:
When determining how the consultation process will take place
In the assessment of risks and the review of risk assessments previously conducted
When making decisions on the control of WHS/OHS risks in the workplace
during the introduction or change of procedures used for monitoring risks, for example, health surveillance
When making decisions about the adequacy of welfare facilities
When proposed changes are made to premises, work methods, plant or substances which may affect the
health, safety or welfare of employees at work
When making decisions about consultation procedures
As prescribed by the regulations from time to time
- "Managing workplace hazards, and consultation in the workplace." Web. 21 May. 2015 <http://www.det.nsw.edu.au/vetinschools/documents/OHS/Unit2/Unit2OHS.doc>.
5
Consultation provides an opportunity to share with other workers information and participate in
meaningful discussion on work health and safety matters. Using all staff members and their skills
and knowledge makes for a safer and healthier workplaces, as well as better decision-making.
5 "Managing workplace hazards, and consultation in the workplace." Web. 21 May. 2015 <http://www.det.nsw.edu.au/vetinschools/documents/OHS/Unit2/Unit2OHS.doc>.
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REQUIREMENTS TO CONS ULT WITH WOR KERS
There are certain circumstances in which you must consult with workers on all occasions
including when:
Undertaking risk management activities
Proposing changes that may affect workers
Making decisions about any work health and safety procedures
The adequacy of facilities for the welfare of workers
The ACT lists a variety of circumstances in which you MUST consult. Under the Act it states
that:
A person conducting a business or undertaking must consult with workers when:
Identifying hazards and assessing risks arising from the work carried out or to be carried out
Making decisions about ways to eliminate or minimise those risks
Making decisions about the adequacy of facilities for the welfare of workersProposing changes that may
affect the health or safety of your workers, and
Making decisions about procedures for consulting with workers; resolving health or safety issues; monitoring
health of your workers; monitoring the conditions at the workplace and providing information and training
for your workers
However, it may be useful to also consult workers about matters that are not listed above, for example when conducting investigations into incidents or ‘near misses’. Regular consultation is better than consulting on a case-by-case basis only as issues arise because it allows you to identify and fix potential problems early. -“Requirements To Consult With Workers.” Web. 21/05/2015. <http://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/624/Work_Health_and_Safety_Consultation_Cooperati on_and_Coordination.doc.>
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6 “Requirements To Consult With Workers.” Web. 21/05/2015. <http://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/624/Work_Health_a nd_Safety_Consultation_Cooperation_and_Coordination.doc.>
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COMMUNICATING APPROP RIATELY
When communicating the outcomes of health and safety consultation, consider the specific
needs of individuals and groups within the workplace. Before you communicate health and safety
information, ask the following questions:
What is the purpose of the communication?
What outcome am I trying to achieve with the communication?
What are the information requirements of the audience (for example, what do they
already know and what do they need to know)?
What format will be best received by the audience?
What diversity exists in the area? Do I need to consider providing communication in
a language other than English? Do I need to provide the communication verbally and
in written form, or use diagrams and pictures?
Does the communication need to be supported by appropriate workplace signage or
warning signs?
ENSURING ACCESSIBILI TY OF INFORMATION
Health and safety information should be in a format that is accessible to all those who need it.
You should ask yourself the following questions in order to determine if all workers have equal
access to information:
Does everyone have access to the Internet or an intranet?
Can everyone use email?
Do remote, and home-based workers have special requirements?
Are there any casual or contract workers who may be affected?
Do any workers have language barriers or diverse levels of understanding?
COMMUNICATION IN A TIMELY MANNER
You should ensure you provide health and safety information when workers are more likely to
absorb the information and respond appropriately. When a matter requires prompt and
immediate action, such as following a dangerous incident, emergency communications systems
should provide information directly to each affected person. Information of a less urgent nature,
such as outcomes of a recent committee meeting can be communicated to recipients at regular
intervals via the organisation's standard reporting procedures.
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T O P I C 3 - E S T A B L I S H A N D M A I N T A I N P R O C E D U R E S F O R E F F E C T I V E L Y I D E N T I F Y I N G
H A Z A R D S , A N D A S S E S S I N G A N D C O N T R O L L I N G R I S K S I N A W O R K
A R E A
DEVELOP PROCEDURES F O R ONGOING HAZARD
IDENT IFICAT ION, AND ASSESS MENT AND CONTROL OF
ASSOCIATED RISKS
Every industry has specific job-related hazards. For example, there are potential hazards when
scuba-diving, spray painting, working in a mine, working in a hospital, serving food in a
restaurant or working in an office. For this reason, each industry has legally enforceable
regulations relating to its particular needs and hazards. Codes of practice provide advice on how
to meet regulations. Many codes of practice are relevant to all organisations, such as:
First aid (accessing a first-aid kit and appointing first-aid officers)
Noise levels in the workplace
Manual handling
Storing and handling dangerous goods
Hazardous substances
Cash in transit
Air quality
Ultraviolet radiation exposure from sunshine
DANGEROUS OCCURRENCE S
The PCBU must report any dangerous occurrence immediately to the health and safety regulator
in their state or territory. A dangerous occurrence, also known as a near-miss, is a situation where
there is, or could have been, an immediate and significant risk to any person in the workplace.
There does not need to be any injury or damage for an event to be considered a dangerous
occurrence.
Some examples of near-misses or dangerous occurrences include:
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The collapse or overturn of industrial lifting equipment
The collapse or partial collapse of a wall, floor, ceiling or building
An explosion, fire or escape of any hazardous substance such as gas or chemicals
An electrical short circuit, malfunction or explosion
A flood, rock fall, or ground collapse7
IDENTIFYING HAZARDS
PCBUs have a legal responsibility to identify and control workplace hazards, either by eliminating
the hazard or, by minimising the hazard's effects. When hazards are identified, you can take steps
to minimise any risk from the hazard, making the workplace safer.
A hazard is defined as anything that may cause harm, injury or ill health to any person in the
workplace. Identifying hazards is the first step in the risk management process. To ensure the
process of hazard identification is accurate and comprehensive, it should be carried out as a
single task and not in conjunction with, other tasks.
It is absolutely vital that you consider hazards that may not be obvious; for example, sitting in the
same position carrying out the same task for an extended period of time can cause occupational
overuse syndrome; bullying in the workplace can cause poor staff morale and illness; and staff
illness may be the sign of poor air quality in the work environment.8
DEVELOPING PROCEDURE S FOR IDENTIFYING AN D REPORTING
HAZARDS
Procedures for identifying and reporting hazards should include details about the processes the
PCBU, and workers should follow. Hazard reporting forms should be available to all workers
and should be located in a place that all workers have access to.
Worker reports are one of the most effective ways to identify hazards. Workers have a legal
responsibility to report any identified hazards to the PCBU who is legally required to take
corrective action on those reports. There are no alternatives to this situation; it is the law, and
each worker should play their part in assisting to maintain a safe work environment. There are
also many other ways that you can identify hazards, including:
7 http://www0.health.nsw.gov.au/policies/pd/2013/pdf/PD2013_050.pdf 8 www.safemeasure.com.au/GENERIC%20MANUAL%20V4.doc
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Regular workplace inspections
Results of accident investigations
Evaluating reasons for poor quality outputs
Industry information bulletins
Reports from customers or visitors to the workplace
PREPARING AN OVERVIE W OF THE WORK ENVIRO NMENT
If you are responsible for identifying hazards, you become familiar with the work environment.
You need a good overview of the team's duties, work practices and procedures, the equipment
they use and the work environment. You might need to ask the following questions in order to
become familiar:
Which parts of the work environment move?
What substances are used?
What equipment is used?
Is there anything that you or others do that could be hazardous?
Do work procedure shortcuts follow all safety procedures?
Could anyone be hurt by modifications that have been made to tools or equipment?
Does everyone still take as much care with workplace practices and procedures as
they did when they first started in the workplace?
What happens when cleaning, maintenance or repairs are done?
Is there anyone inexperienced or untrained working in the team?
CONDUCTING FORMAL WO RKPLACE INSPECTIONS
Management, HSRs or members of the HSC may carry out inspections by performing a walk-
through survey. This involves walking through a work site to gather information about the work
team and their work practices.
Creating checklists that are tailored to specific work environments can help provide a structure
for collecting detailed information on equipment, processes and work areas for evidence of
potential problems. Other sources of information to aid hazard identification may include:
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Reports and compensation claims - Reports about equipment failure, accidents and
dangerous incident (near miss) reports, as well as compensation claims, may help you
to determine workplace problems such as broken equipment, excessive noise, poor
air quality, poor safety signage or lack of safety instructions.
Undertaking a job safety analysis - A job safety analysis (JSA) is a comprehensive tool
used to identify each part of a work process to identify potential hazards and evaluate
appropriate control measures. Each task should be separated into its component
parts to identify any potential hazards; for example, a forklift operator drives the
forklift across a warehouse, unloads items from the back of a tray truck and moves
them to an overhead storage rack.
Brainstorming - Brainstorming is the process of conducting group meetings with
people who are familiar with the operation of the area under review. Encourage
workers to provide details of any hazards they are aware of. The process must be
non-threatening, with all suggestions listened to respectfully. Record all information
relating to hazards and sort the results into priority order.
Industry associations - WHS is often raised at industry association meetings or during
informal discussions before or after meetings. You may gain useful information by
attending such meetings. Notes from meetings are often made available to the general
public through bulletins and safety updates.
Manufacturers' manuals - Manufacturers' instruction books and safety data sheets
(SDSs) provide advice and warnings regarding WHS hazards. It is important to
ensure all instructions are understood and followed by all workers. Manufacturers'
information, including SDSs, should be reviewed to ensure all equipment is the safest
available, and there are no hidden hazards.
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MANAGING HAZARDS
Procedures for managing hazards usually include:
Setting guidelines for identifying and reporting hazards
Developing processes for assessing and controlling risks in the workplace
Providing training for all workers
Allocating resources to risk assessment and control activities
Regularly monitoring and reviewing hazard identification and reporting procedures
RISK ANALYSIS
Risk analysis is a key step in the process of managing workplace hazards. Risk analysis enables
the organisation to determine what is needed to control risks.
Risk analysis involves:
Identifying the source of any identified risks
Identifying the impact of risks on the workplace environment
Considering the likelihood of the risk occurring
Estimating the consequences and likelihood of the risk occurring also rely on using information
from the work environment and other appropriate sources; for example, information from an
industry association or WHS specialist.
PCBUs, health and safety experts and workers should all be involved in the risk analysis and
control process. Consultation is important to establish the context of the risk and determine its
potential impact.
A risk management process should be implemented and repeated at regular intervals to ensure all
hazards have been identified, risks have been assessed, and adequate measures have been taken
to control those risks.
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ASSESSING RISK
Assessing the risk of each hazard is the next step in a risk management process. Look at the
potential consequences of exposure to the hazard and the likelihood of the hazard occurring. The
combination of these produces a level of risk.
Before you can control the risk, you must decide on your priorities. Determine what you need to
do immediately, in the short term (within a couple of weeks), in the medium term (within a
couple of months) and in the long term (over the next year). To do this, determine:
The severity of the risk
The number of people affected by the risk
How easily it can be controlled
Other benefits that may result from controlling the risk; for example, increased
productivity
Your organisation's policies and procedures regarding risk priorities
There are a number of ways to control risks, but the most effective is to apply the hierarchy of
risk control.
THE HIERARCHY OF RIS K CONTROL
The ways of controlling risks are ranked from the highest level of protection and reliability to the
lowest. This ranking is known as the hierarchy of risk control. The OHS/WHS Regulations
require duty holders to work through this hierarchy when managing risk under the OHS/WHS
Regulations. We will go into more detail later in theis resource.
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INCLUDE H AZARD IDENT IFICATION AT THE P L A NNING,
DESIGN AND EVALUAT IO N ST AGES OF ANY CHANGE IN
THE WORKPLACE TO E NS URE T HAT NEW H AZARDS ARE
NOT CREATE D BY THE P ROPOS ED CH ANGES AND EXISTING
HAZARDS ARE CONTROLL ED
Changes in the workplace occur frequently. These changes may introduce new hazards, and,
therefore, change the risk level of existing hazards. Workplace changes may include:
Changes in staffing
Changes in property
Changes in work practices
When changes occur, PCBUs have a legal responsibility to consult with workers on the effects
these changes may have on WHS. Any new risks must be assessed and controlled.
PLANNING, DESIGNING AND EVALUATING CHANG ES
Before implementing any proposed change, you will need to ensure your risk management
processes are in place for:
Identifying hazards
Assessing risks
Implementing control measures
When hazard identification occurs at an early stage of the planning process, you will be able to
invest time and effort in designing safe work systems, leading to a reduction in hazards when the
change is implemented.
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DEVELOP AND MAINTAIN PROCED URES FOR S ELECTING
AND IMPLEMENTING RIS K CONTROLS ACCORDING T O THE
HIERARCHY OF CONT ROL AND WHS LEGISLAT IVE
REQUIREMENTS
Developing and implementing risk controls relies on effective analytical and problem- solving
skills as you read through relevant workplace information and data to identify and assess hazards,
and then decide what type of risk control action to take.
HIERARCHY OF RISK CO NTROL
WHS legislation requires ongoing risk management to minimise the impact on workers' health
and safety. PCBUs must develop and maintain procedures that find the most appropriate way of
eliminating or reducing any risks identified.
Control measures can be sorted into categories with the most effective strategies listed at the top
and the least effective at the bottom. This list of categories is collectively known as the hierarchy
of risk control. Select control measures from as high on the hierarchy as possible.
TYPES OF CONTROLS
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There are many methods that you can use assist in controlling risks and hazards in the workplace.
There are techniques, tools and processes for identifying and controlling health and safety
hazards and risks, which include:
Hazard and risk checklists
Hazard hunts
Job safety analyses
Manifests and registers, including for dangerous goods, hazardous chemicals and
plant
Safe work method statements
Surveys using questionnaires, interviews and other survey techniques
Workplace inspections and walk-throughs
Control of associated risks may include:
Administrative as specified in WHS acts, regulations and codes of practice
Counselling/disciplinary processes, such as those associated with alcohol and other
drugs
Education about alcohol and other drugs work-related issues
Engineering
Hazard elimination
Housekeeping and storage
Issue resolution
Personal protective equipment
Purchasing of supplies and equipment
Workplace inspections, including plant and equipment9
9 https://training.gov.au/Training/Details/BSBWHS501A?tableQualifications-page=2
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IDENT IFY INADEQUACIE S IN E XISTING RISK C ONTROLS
ACCORDING T O THE H IE RARCH Y OF CONTROL AN D WHS
LEGISL ATIVE REQUIREM ENTS, AND P ROMPTLY P ROVIDE
RESOURCES T O ENABLE IMPLEMENTATION OF NE W
MEASURES
You may find that risk control measures that are in place for some hazards may not be adequate,
or they may become ineffective as conditions or circumstances change.
An important part of a PCBU’s responsibilities is to assess the effectiveness of risk controls,
identify inadequacies and report risk control inadequacies according to the organisation's policies
and procedures. 10
It should not be assumed that risk control measures will always be adequate to solve a problem.
New or existing risk controls should always be checked in case they do not effectively protect
health and safety. Newly implemented risk controls should be tested in some way before workers
begin using the new system if this is feasible. In the case of existing controls, changes in work
practices may inadvertently introduce new risks or undermine the efficacy of existing risk
controls. Checking the methods chosen to solve WHS problems is known as ‘monitoring and
evaluation of risk controls’.
This can be done using the hazard identification procedures already covered—for example, by
asking workers whether they are aware of on-going risks, making observations and taking
relevant measurements.
If deficiencies are found in risk controls, or better ways are found to fix a problem (‘better’ in
this sense means using strategies from further up the hierarchy of risk control), management
should promptly provide sufficient resources to enable the risk to be properly controlled. Risk
management is not an optional process to be carried out when the employer has time—it should
be built into routine procedures such as purchasing and induction.11
10 http://static1.squarespace.com/static/51fb19abe4b0d46ee291ed29/t/536b1930e4b043cc08750832/1 399527728107/BSBWHS401A+Learner+Guide+V2.1.pdf 11 https://my.northcoast.tafensw.edu.au/thedepot/LearningToolboxes/CIV%20Youth%20Work%20Online %202010/11hltohs300a/activities/topic04act01.htm
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IDENT IFY RE QU IREMENT S F OR EXPER T WHS ADVICE, AND
REQUEST TH IS ADVICE AS REQUIRED
USING WHS EXPERTS
PCBUs may need to call on specialists for advice. However, it is important to evaluate their
expertise and the relevance of their experience to the particular industry, problem and work
context. It is also important to clarify how the specialist will interact with the work group to
obtain the required information. A specialist working in isolation without any input from workers
may result in flawed evaluations and inappropriate recommendations.
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T O P I C 4 - E V A L U A T E A N D M A I N T A I N A W H S M A N A G E M E N T
S Y S T E M
DEVELOP AND PROVIDE A WHS INDUCT ION AND TRAINING
PROGRAM FOR ALL WORK ERS AS PART OF THE
ORGANISAT ION’S TRAIN ING PROGRAM
All workers must complete WHS induction training and ongoing refresher courses throughout
the life. Preparing new workers for their job roles and ensuring they understand all relevant WHS
policies and procedures and how they can contribute is also a legal responsibility of all PCBUs.
Training programs should ensure workers are equipped to perform their roles in a safe manner
with minimal risks to themselves and others.12
PROVIDING WORKPLACE INDUCTION
New workers should be provided with a full induction and training program.
A WHS induction should include:
A tour of the facility
An explanation of the WHS duty of care and implications for workers
Work instructions and any hazards and risks associated with specific tasks
Fire and emergency response requirements
First-aid facilities and procedures
General health and safety policies and procedures
Details of the health and safety committee, health and safety representatives (where
appointed) and meetings schedule
Specific WHS training programs, which may include:
Safe operation of equipment relevant to their work role
12 http://www.safeworkaustralia.gov.au/sites/swa/about/publications/Documents/645/Worker%20repre sentation%20and%20participation%20guide.docx.
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Personal protective equipment (PPE)
Risk management
How to get WHS help when needed
Maintaining work-life balance
Your organisation should have an induction checklist to ensure all relevant information is given
to new workers during the induction period.
ONGOING TRAINING
Under WHS legislation and regulations, workers must attend mandatory training programs on
such topics as:
WHS compliance requirements
WHS consultation for HSRs and HSCs
WHS duty of care for PCBUs
WHS risk management for PCBUs and team leaders
Availability of first-aid officers or fire wardens
Industry-specific training (for example, working in confined spaces, working with
infectious materials)
Emergency procedures
Ongoing or refresher training may be required for workers who are involved in specialist
activities that require specific licensing or regulatory requirements; for example, operating
mechanical aids such as forklifts, cranes and other heavy machinery.
Training may be conducted by internal training personnel or a health and safety officer in the
workplace. In some cases, training may need to be provided by an external training provider at an
external location or by a WHS, management specialist.13
13 http://www.incolink.org.au/Content/Incolink/Download/15332%20Incolink%20Safety%20Handbk.pdf
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USE A SYSTEM FOR WHS RECORDKEEPING TO ALLOW
IDENT IFICAT ION OF PA TTERNS OF OCCUPAT ION AL INJU RY
AND DISEASE IN THE O RGANIS ATION, AND TO MAINT AIN A
RECORD OF WH S DECIS I ONS MADE, INCLUDING REAS ONS
FOR THE DECIS ION
Records are the means by which duty holders can demonstrate compliance with their duties and
obligations under the model WHS Act and model WHS Regulations. Records can be used to
assist duty holders to implement and maintain risk control measures and provide useful
information when it comes to reviewing work health and safety performance.
There are legal obligations to keep and maintain some work health and safety-related records for
specific periods. These record-keeping requirements currently vary across jurisdictions. They may
cover, for example, specific record-keeping requirements for risk assessments, risk controls, work
health and safety training, and in relation to monitoring workers’ health. Some regulations also
place record-keeping requirements on upstream duty holders such as designers and
manufacturers.14
To make sure your organisation complies with WHS legislation, you must ensure WHS records
are stored and maintained in a simple and easy-to-read format. It is important to be able to
analyse and review WHS and relevant worker records. The types of records kept by the
organisation must meet legislative reporting requirements and the organisation's needs from a
WHS management perspective. Records must be stored securely and are subject to the same
privacy requirements as any other worker records.
Storing and maintaining WHS records enables an organisation to meet its legislative obligations
and effectively review and analyse information about WHS. These records also provide a useful
tool for management decision-making because the records can be analysed to indicate WHS
priorities and activities in the organisation.
WHS record keeping may relate to:
Audit and inspection reports
Consultation, such as:
Meetings of health and safety committees
Work team meeting agendas, including WHS items and actions
First aid/medical post records
14 http://www.comlaw.gov.au/Details/F2011L02664/Explanatory%20Statement/Text
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Hazardous chemicals registers
Induction, instruction and training
Manufacturer and supplier information, including dangerous goods storage lists
Plant and equipment maintenance and testing reports
Workers’ compensation and rehabilitation records
Workplace environmental monitoring records
Your organisation will have set documentation that must be kept, and it will be your
responsibility to ensure these records and completed, maintained and stored effectively.
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MEASURE AND EVALUATE THE WHSMS IN LINE W ITH THE
ORGANISAT ION’S QUAL I TY SYS TEMS FRAMEWORK
A quality systems framework is the organisational structure, procedures, processes and resources
needed to implement quality management. In a WHS context, the quality systems that must be
adopted by an organisation and addressed in their WHS policies and procedures include the
following:
ISO 9001:2008 Quality management systems is the benchmark for organisations with
quality management systems in place, ensuring all systems, processes and procedures
are of the highest standard and embrace the concept of continuous improvement
AS/NZS 4801:2001 Occupational Health and Safety (OHS) management systems
provides the specifications for, and application of, best-practice health and safety
management systems
ISO 14001:2004 Environmental management systems details management
specifications for sustainability and environmental impact reduction
AS/ NZS ISO 31000:2009 Risk management - principles and guidelines provides an
overall risk management approach specification for organisations and industry,
beyond (but inclusive of) WHS systems
When evaluating your WHS system against quality standards, use a mix of proactive and reactive
monitoring systems to evaluate the extent to which relevant policy, procedures and objectives are
being met. You will need well-developed problem-solving skills to identify and practise the
required proactive and reactive monitoring.15
MEASURING PERFORMANC E
To determine whether objectives are being achieved, you can measure performance by using a
mixture of lead and lag indicators.
A lead indicator enables an organisation to take pre-emptive actions to improve the
chances of achieving strategic goals.
Lag indicators, on the other hand, are statistics or information that follows an event
that has already occurred.
15 http://whc.unesco.org/uploads/activities/documents/activity-113-2.pdf
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DEVELOP AND IMPLEMEN T IMPROVEMENTS TO TH E WHSMS
TO ACH IEVE ORGANISAT IONAL WHS OBJE CTIVES
All organisations must continually find ways to improve their organisational safety to reduce the
risk of worker injury and illness.
Continuous improvement focuses on preventing problems, corrective action and performance to
enhance health and safety in the workplace.
In a WHS context, continuous improvement is the process of improving the WHS management
system to achieve enhancements in overall performance. This is achieved by regularly reviewing
the organisation's policies, procedures and practices embodied in its WHS action plan.
PROACTIVE RESPONSE
Ongoing improvement should be conducted as part of an organisation's WHS processes:
Prepare an action plan
Implement the plan
Monitor and review the actions
Identify improvements where necessary
Then prepare an action plan to implement them
Senior management should adopt a proactive response to planned and sustained WHS initiatives.
If the organisation is typically reactive in its response, this can be a sign that the WHS
management system is failing.
Proactive responses include researching new and more effective equipment, systems and work
practices, and consulting with industry or WHS specialists for advice on how to address the new
requirements. Continuous improvement will mean you are continually reviewing your
organisations WHS management system and thereby ensuring you are not reactive in response to
issues.
You may review the organisation's WHS system by analysing its ability to meet WHS objectives
and performance targets. Examples of WHS objectives may include the following:
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Ten per cent reduction in lost time incidents for the year
Reduction in unplanned absences by three days per worker per year
Improvement in WHS compliance performance by 10 per cent in all areas of the
organisation
ACTION PLANS
Action plans are a key tool in continuous improvement processes, and should be used to record
actions and accountability issues and include information on reporting channels and follow-up
instructions.
All identified corrective actions as a result of monitoring activity should be:
Communicated to management through management committees and formal WHS
reporting channels
Recorded with times for completion, dates for progress reports required and the
person responsible
Signed off on actual completion date by the relevant authorised person
Consultation is crucial during the improvement process. Consultation with workers may reveal
that protective equipment is unsuitable for the task or the workers involved, and it may be
necessary to investigate alternatives.
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ENSURE COMPL IANCE WI TH TH E WHS LEGISL ATI VE
FRAMEWORK SO THAT, A S A M INIMUM, WHS LEG AL
REQUIREMENTS ARE ACH IEVED
Reviewing management systems and maintaining compliance with legislation is a requirement of
any organisation. Structured reviews ensure the organisation's policies and procedures are being
applied effectively and comply with current legislative requirements. Structured reviews enable
the organisation to fulfil internal and external reporting requirements. A review of the
organisation's compliance with WHS should include:
How current WHS legislation, regulations and codes of practice are embedded in the
organisation's policies and procedures
Whether legislation, regulations and codes of practice have been revised or replaced
The potential impact of emerging legislation
New or revised guidance from specialists
New or amended instructions from suppliers or equipment and/or materials
Worker compliance with key areas of WHS
Effectiveness of actions implemented as a result of previous audit outcomes
CONDUCTING REGULAR A UDITS
In addition to routine monitoring and reviews, you should also conduct audits to ensure the
WHS system complies with appropriate standards, regulations, Acts and contract criteria. It
should then be possible to judge whether the system is adequate for meeting the organisation's
WHS objectives and complies with statutory guidelines. An effective systems audit:
Identifies the scope, frequency and methodologies to be used
Determines whether the WHS system conforms to planned arrangements and
complies with legislation
Determines whether the WHS system has been properly implemented and
maintained
Uses data from previous audits
Provides information to management on the results of audits
Is conducted by workers independent of those who have direct responsibility for
activities being audited
It is important that the purpose of auditing is made clear to all who are involved, to encourage
positive participation in the process and to enable accurate data to be gathered. The purpose of
audits is not to find fault and point a finger of blame at those workers or departments that do not
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comply. Rather, auditing should be treated as a useful tool in improving organisational
effectiveness and an essential part of an organisation's continuous improvement process.16
16 https://aspirelr.com.au/assets/document/1283304258-dipohs09.pdf
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S U M M A R Y
Now that you have completed this unit, you should have the ability to ensure a safe workplace.
If you have any questions about this resource, please ask your trainer. They will be only too
happy to assist you when required.
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R E F E R E N C E S
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<http://smallbusiness.chron.com/ensure-workplace-safety-43152.html>.
"The Management Of Work Health And Safety In The Commonwealth." Web. 21 May. 2015
<http://www.comcare.gov.au/__data/assets/pdf_file/0007/109528/The_management_of_w>.
" WHS duty holders." Web. 21 May. 2015
<http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/>.
"Managing workplace hazards, and consultation in the workplace." Web. 21 May. 2015
<http://www.det.nsw.edu.au/vetinschools/documents/OHS/Unit2/Unit2OHS.doc>.
“Requirements To Consult With Workers.” Web. 21/05/2015.
http://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/624/Work_
Health_and_Safety_Consultation_Cooperation_and_Coordination.doc.
