LESSON 1: ESTABLISHING AND MAINTAINING A WHS /OHS MANAGEMENT SYSTEM

LEGISLATION PREAMBLE

Note: The terms Occupational Health and Safety (OHS) and

Work(place) Health and Safety (WHS) are equivalent and generally

either can be used and referred to in the workplace.

After the Work Health and Safety Act was passed in 2011, WHS is the

term that is generally used by states that have adopted the

harmonised laws, that reflects the title of this legislation.

The terms OHS and WHS are used interchangeably in this

presentation and other resource materials for this unit.

LOCATING RELEVANT OCCUPATIONAL HEALTH AND SAFETY LEGISLATION

When locating current legislation and related documentation, it is important to

establish which legislation and guidance material is relevant to the organisation

we are interested in. We need to consider:

• where the work is taking place, to understand what geographical

jurisdiction applies;

• the activities being undertaken, to understand what subject matter

jurisdiction applies e.g. construction, manufacturing;

• what risks arise from the activities, to understand what specific legislation

and guidance material applies e.g. use of chemicals, manual handling;

• what roles the organisation plays e.g. designers, manufacturer or

suppliers of plant; and

• what employment relationships there are e.g. contractors,

volunteers.

STATE AND TERRITORY LEVEL WHS JURISDICTIONS IN AUSTRALIA

LEGISLATION AND GUIDANCE

THE WORK HEALTH AND SAFETY ACT (2011)

Harmonised work health and safety laws aim to ensure work health

and safety regulators with functions including:

• Providing advice and information to duty holders and the

community,

• Monitoring and enforcing compliance with work health and

safety laws,

• Fostering co-operative, consultative relationships between

duty holders and the persons and representatives they owe a

duty to,

• Sharing information with other regulators, and

• Conducting and defending proceedings under work health and

safety laws.

THE WORK HEALTH AND SAFETY REGULATIONS (2011) Work Health and Safety Regulations (2011) provide employers with a lot of structure within a statutory framework that provide details on how to implement legislation. Regulations cover:

The Health and Safety Representative election processing

Statutory notices; and

The details about incident notifications

Changing definitions of Worker

Rights and responsibilities of WHS Representatives and Committees

Right of entry for WHS inspectors

Problem resolution procedures

CODES OF PRACTICECodes of practice are practical guides to achieving the standards of health, safety

and welfare required under the Work Health and Safety (WHS) Act and the WHS

Regulations in a jurisdiction.

Examples of Codes of Practice currently available include:

Work Health and Safety Consultation Co-operation and Co-ordination

Managing the Work Environment and Facilities

First Aid in the Workplace

Managing Risks of Hazardous Chemicals in the Workplace

Hazardous Manual Tasks

Managing Risks of Plant in the Workplace

How to Manage Work Health and Safety Risks

There are several others available and underdevelopment. Codes of Practice are

developed by Safe Work Australia and are available for download off their

website.

COMMUNICATING WHS POLICIES AND PROCEDURES

• Policies and procedures need to be readily available

and accessible to all staff.

• WHS policies and procedures are typically found in

either paper or electronic format.

• No matter what format is used, information must be

easily accessible and in a manner that workers can

understand.

• Information should be communicated by management

as per the format agreed during consultation

processes.

COMMUNICATING ORGANISATIONAL COMMITMENT TO WHS POLICIES

It is important to not only keep workers informed of updates and

changes to WHS rules and regulations, but also communicate the

importance of adhering to WHS policies and procedures. This can be

done in several ways:

• Posters or flyers on noticeboards or around relevant equipment,

• Printed or emailed newsletters to all staff,

• Notifications during meetings and workshops,

• Inductions and training sessions,

• Lost time caused to injuries and/or illness,

• Adequate supervision and regular site inspections/audits,

• Appropriate disciplinary measures being followed for non-

compliance.

DEFINING WHS RESPONSIBILITIES FOR WORKPLACE PERSONNEL

In a workplace, there are three main groups of people who have

specific WHS responsibilities:

1. Employers/Managerial Staff (also referred to as PCBUs or

persons in charge of business undertakings and Officers)

2. Employees (that includes workers, contractors or volunteers)

3. Health and Safety Representatives (HSRs)

EMPLOYEE (WORKER, CONTRACTOR OR VOLUNTEER) RESPONSIBILITIES

Section 28 of the Work Health and Safety Act states that while at

work, a worker must:

• Take reasonable care of his or her own health and safety,

• Take reasonable care that his or her 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 that is given by the person

conducting the business or undertaking (PCBU) to allow that

person to comply to the act,

• Cooperate with any reasonable policy or procedure of the

PCBU relating to the health or safety at the workplace

that has been notified to the worker.

HEALTH AND SAFETY REPRESENTATIVES’ (HSRS) RESPONSIBILITIES

HSR responsibilities include:

• Providing WHS advice,

• Assisting with risk management,

• Liaising with WHS representatives,

• Consulting with management about safety issues,

• Assisting in the promotion of WHS,

• Auditing and analysing WHS issues.

• Requesting and conducting workplace inspections

• Representing employees on WHS issues

• Organising opportunities for WHS participation and consultation

• Reviewing incidents

• Organising WHS training

• Ensuring communication and participation in WHS is inclusive.

WORKPLACE HEALTH AND SAFETY COMMITTEES

Key functions of Workplace Health and Safety Committees include:

• facilitating co operation between the person conducting a

business or undertaking and workers in instigating, developing

and carrying out measures designed to ensure the workers’ health

and safety at work,

• assisting with the development of standards, rules and procedures

relating to health and safety that are to be followed or complied

with at the workplace; and

• any other functions prescribed by the regulations or agreed

between the person conducting the business or undertaking and

the committee.

As a result, HSCs often assist with:

• Encouraging personnel to maintain an interest in WHS in the workplace,

• Identifying gaps in skills and arrange for training and development in

WHS issues,

• Keeping up to date with changes in legislation,

• Reviewing and investigating workplace health and safety issues,

• Providing advice to employers on how to address safety issues.

• Facilitating co-operation between the PCBU and workers in instigating,

developing and carrying out measures designed to ensure the health and

safety of workers at work;

• Assisting the PCBU to develop standards, rules and procedures relating to

WHS that are to be followed or complied with at the workplace;

• Overseeing any other functions prescribed by the WHS Regulations and

any other functions agreed between the PCBU and the HSC.

WORKPLACE HEALTH AND SAFETY COMMITTEES

MANAGERIAL OR PCBU RESPONSIBILITIES

Section 19 of the Work Health and Safety Act sets out the employer’s

primary duty of care.

Management should:

• Implement safe work systems

• Actively encourage the reporting of incidents

• Look for opportunities to improve

• Value staff contributions by acknowledging and involving

them in the decision making process

• Providing safe and effective support to complete their roles

safely

• Engage in risk management processes to ensure risks are

minimised as much as practicable in the workplace.

DUTY OF CARE

Section 19 Work Health and Safety Act (Commonwealth) legislation

sets out the primary duty of care including ensuring, so far as is

reasonably practicable, the health and safety of workers and others

affected by the business or undertaking. The duty includes providing:

a) a safe working environment;

b) safe plant and structures;

c) safe systems of work;

d) safe use, handling and storage of plant and substances;

e) adequate facilities;

f) information instruction and training; and

g) sufficient monitoring of the workplace

DEVELOPING APPROPRIATE POLICIES AND PROCEDURESOrganisations should have their own policies and procedures that ensure they are

following their legislative requirements and managing risks to safety (and therefore

complying with one of the employer’s general duties of care). Such documents are

called Standard Operating Procedures (SOP).

Examples include:

• How to perform a risk assessment SOP

• Manual handling SOP

• Use of PPE SOP

• Receiving or despatching hazardous chemicals or dangerous goods SOP

• Using ladders SOP

• Lock out Tag out SOP

• Operation of High Risk Plant and Equipment SOP

• Spill response SOP

• Emergency evacuation SOP

CONSULTING WITH WORKERS

Consultation involves the process of:

• Sharing information where management provides workers

information that will assist them in providing feedback.

• Giving workers, in turn the chance to express their views and

address their concerns to management

When a worker elects a health and safety representative (HSR), this

means that management should direct their communication and the

consultation process to the HSR.

IDENTIFY AND APPROVE FINANCIAL AND HUMAN RESOURCES REQUIRED BY THE WHS MANAGEMENT SYSTEM (WHSMS)

Human resources can include the cost of employee or contractor

time:

• Required risk and WHS personnel (e.g. HSR, Supervisors,

Committee members, Incident investigators etc)

• Staff time allocated for attending training.

Financial resources can include:

• Allocated budget (whether one budget for all or a separate budget for each department) for the purchase of supplies,

• Protective Equipment (including PPE)• Cleaning• Updating facilities and equipment• Training• External consultants including auditors• Non-compliance and the resultant impact

it could have on the organisation• Incident investigation kits• WHS/OHSMS Software• Signage / posters

IDENTIFY AND APPROVE FINANCIAL AND HUMAN RESOURCES REQUIRED BY THE WHS MANAGEMENT SYSTEM (WHSMS)

• Corporate subscriptions and memberships eg Safety Institute Australia

• IT equipment eg projectors, laptop etc

• Testing equipment light meter / noise meter

• Work permits• Lock out tag equipment• Bunding• Spill kits• Inspection tools ie mirrors, cameras

etc• First aid equipment• Australian & international standards

GAINING APPROVAL FOR RESOURCES

• For a manager to obtain approval for a resource, it necessary to

demonstrate sufficient research has been conducted, data has

been reviewed and analysed, risk involved has been reviewed, and

recommendations support the findings.

• All arguments and recommendations should be reinforced with

facts.

• As most organisations are outcome based recommendations

should emphasise outcomes.