2. Supervision of Construction Sites. Mark McCabe Work Safety Commissioner, Senior Director WorkSafe ACT

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1 1. Asbestos Awareness Training 2. Supervision of Construction Sites Mark McCabe Work Safety Commissioner, Senior Director WorkSafe ACT

2 Asbestos Awareness Training Currently: s.19(3)(f) a PCBU must ensure, so far as is reasonably practicable, that they provide any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from their work WorkSafe ACT Guidance Note GN 0098

3 Asbestos Awareness Training New Regulation under the Work Health and Safety Regulation 2011 from 1 July 2014 Section 445 Duty to train workers about asbestos A PCBU [an employer] must ensure, so far as is reasonably practicable, that construction workers [and workers in certain other occupations that may be declared by the Minister] are trained in the VET course Asbestos Awareness [i.e. Course NAT] The PCBU must ensure that a record is kept of the training

4 Asbestos Awareness Training Prior training: This is not new the Guidance Note has been in place for some time Any training prior to 1 Jan 2008 not accepted

5 Asbestos Awareness Training Prior training: 1 Jan Dec 2013: Training through the following RTOs accepted: CSI HIA ACT Kirwan & Associates MBA Group Training i ACT Safety Training & Compliance ACT (Capital Training Institute) Robson Environmental

6 Asbestos Awareness Training Prior training: 1 Jan Jun 2014: Training through the following RTOs accepted: CSI HIA ACT MBA Group Training ACT Safety Training i & Compliance ACT (Capital Training i Institute) t Robson Environmental

7 Asbestos Awareness Training Training: From 1 July 2014: Training through the following RTOs accepted: CSI HIA ACT MBA Group Training ACT

8 Asbestos Awareness Training WorkSafe ACT s approach after 1 July 2014: An inspector may ask to see the PCBU s record that their workers have completed this training PCBU will be given a reasonable period of time in which to produce this record If they can t, WorkSafe may issue an Improvement Notice [IN] ey ca, o Sae ay ssuea po e e o ce[ ] requiring the PCBU to register their workers for training by a certain date [probably a fortnight]

9 Asbestos Awareness Training PCBU will need to produce evidence that they they are registered for training and that the training will occur in a reasonable time period given the availability of such training WorkSafe will diarise that date to check that it is done Failure to register the workers for training will likely result in a $3,600 fine for failure to comply with an IN A new IN will be issued failure to comply with a second IN may result in prosecution [max. fine for a corporation is $30,000]

10 Asbestos Awareness Training This is not about fining people what we want is all workers to be trained Fines are only there for those who do not take reasonable steps to comply.

11 s.19(1) apcbumust ensure, so far as is reasonably practicable, the health and safety of workers and other persons s.19(3)(f) a PCBU must ensure, so far as is reasonably practicable, that they provide any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from their work

12 s.19(1) apcbumust ensure, so far as is reasonably practicable, the health and safety of workers and other persons

13 s.19(1) apcbumust ensure, so far as is reasonably practicable, the health and safety of workers and other persons Who is responsible for the safety of workers and others?

14 s.19(1) apcbumust ensure, so far as is reasonably practicable, the health and safety of workers and other persons Who is responsible for the safety of workers and others? Answer: ThePCBU!

15 s.19(1) apcbumust ensure, so far as is reasonably practicable, the health and safety of workers and other persons Can you reasonably ensure the safety of workers and others if the work is not being supervised?

16 s.19(1) apcbumust ensure, so far as is reasonably practicable, the health and safety of workers and other persons Can you reasonably ensure the safety of workers and others if the work is not being supervised? Answer: I don t think you can. If you think you can be aware that if it goes horribly wrong you may If you think you can, be aware that if it goes horribly wrong you may have to convince a court this is possible.

17 Oct 2013 A NSW employer was fined $160, after one of its supervisors who misunderstood his safety role lost his arm in an accident, which killed another worker and seriously injured 3 more. The company was fined: - $66,000 for failing to supervise its workers and - $94,000 for failing to supervise subcontractors.

18 Jan 2014 A NSW employer was fined $175,000 after, amongst other things, it failed to provide information, instruction and supervision to workers. A team leader had been assigned to each group to supervise work. On the day of the accident the team leader was absent and no alternative supervisor was appointed

19 s.19(1) apcbumust ensure, so far as is reasonably practicable, the health and safety of workers and other persons Does the supervision have to be by you personally at all times?

20 s.19(1) apcbumust ensure, so far as is reasonably practicable, the health and safety of workers and other persons Does the supervision have to be by you personally at all times? Answer: No. but

21 s.19(1) apcbumust ensure, so far as is reasonably practicable, the health and safety of workers and other persons Does the supervision have to be by you personally at all times? Answer: No but if you appoint someone else to supervise on your behalf they must: - be aware of that and know and accept that role [WHS Management Plan] - be competent to do so [an apprentice can t do it, a subcontractor may be able to].

22 s.19(1) apcbumust ensure, so far as is reasonably practicable, the health and safety of workers and other persons The answer to the question: Is anyone supervising the work? can t be No.

23 s.19(3)(f) apcbumust ensure, so far as is reasonably practicable, that they provide any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from their work

24 s.19(3)(f) apcbumust ensure, so far as is reasonably practicable, that they provide any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from their work Certain types of work must be directly supervised

25 A Western Australian employer has been fined $80, (plus $3,000 in costs) after a worker, who received only a few hours of formal training and was supervised by an inexperienced worker with limited English, was fatally crushed while oxy-cutting an excavator bucket. The worker was cutting and removing pieces of the bucket while standing beneath it at a scrap yard in November 2011 when an 800kg piece broke away and fell on him.

26 Safety Duties s.19(1) apcbumust ensure, so far as is reasonably practicable, the health and safety of workers and other persons s.19(3)(f) a PCBU must ensure, so far as is reasonably practicable, that they provide any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from their work

27 Penalties Category 1 Reckless Conduct has a safety duty, without reasonable excuse engages in conduct that exposes an individual to a risk of death or serious injury/illness and the person is reckless as to that risk Category 2 Failure to comply has a safety duty, fails to comply with that duty, and the failure exposes an individual to a risk of death or serious injury Category 3 Failure to comply has a duty, fails to comply with that duty.

28 Penalties for breaches of duty of care Categories based on degree of culpability and risk/degree of harm Corporation: $3m Category 1 y j Individual as a PCBU or an officer: $600k / 5 years jail Individual e.g. worker: $300k / 5 years jail Category 2 Corporation: $1.5m Individual as a PCBU or an officer: $300k Individual e.g. worker: $150k Category 3 Corporation: $500k Individual as a PCBU or an officer: $100k Individual e.g. worker: $50k 28

29 For more information go to act au

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