Implementation of the Work Health & Safety (WHS) Act

Transcription

1 Implementation of the Work Health & Safety (WHS) Act Association of Independent Schools of SA (AISSA) 6 March 2013 James Large Director, PeopleVision

2 Agenda Requirements of the Act, Regulations and the most relevant Codes of Practice for a School Discussion on what should be implemented to meet the various requirements

3 Agenda Risk management Hazardous manual tasks Work environment and facilities Consultation Plant and equipment Hazardous chemicals Electrical work Incident Reporting First aid

4 Codes of Practice There are 11 Codes of Practice most relevant to a Schools workplace. These are: - WHS Consultation, Cooperation and Coordination - Managing Electrical Risks at the Workplace - Managing the risks of Falls at Workplaces - Managing the Work Environment and Facilities - First Aid in the Workplace - Labelling of Workplace Hazardous Chemicals - Preparation of Safety Data Sheets for Hazardous Chemicals - Managing Risks of Hazardous Chemicals in the Workplace - Hazardous Manual Tasks - Managing Risks of Plant in the Workplace - How to Manage WHS risks

5 Important items to remember A Code of Practice is admissible in court proceedings Courts may regard a code of practice as evidence of what is known about a hazard, risk or control and may be used in determining what is reasonably practicable Should in a Code indicates a recommended course of action

6 Risk Management Summary of requirements The primary duty of care requires the PCBU to ensure, that the health and safety of workers engaged and other persons is not put at risk (section 19) An officer must gain an understanding of the hazards and risks associated of the School; and ensure that the School has an uses appropriate resources and processes to eliminate or minimise these risks (section 27)

7 Risk Management Summary of requirements The WHS Act requires you to consult with workers who carry out work that are directly affected by a work health and safety matter (section 47) Includes the requirement to also consult with a HSR (if applicable) (section 48) and other PCBU s on relevant health and safety matters (section 46)

8 Risk Management Regulations Chapter 3 of the Regulations (regulations 34 37) specifies that a duty holder must identify and eliminate risks using the hierarchy of controls. Regulation 38 indicates that a duty holder must review and as necessary revise control measures so as to maintain a work environment that is without risks to health and safety.

9 Risk Management Regulations The requirements detailed in Chapter 3 of the Regulations to identify, assess and control risk also apply to other the chapters, e.g. chapter 4 hazardous manual tasks; Chapter 5 Plant and structures and Chapter 7 hazardous chemicals If PPE is used as the control mechanism, regulations require specific items to have been considered

10 Risk Management Code of Practice Code of Practice How to Manage WHS Risks, outlines when a risk assessment should occur and specifies that when controlling a risk the hierarchy of controls are to be used A risk assessment must occur for high risk activities (chapter 5 of the Regulations), e.g. entry into a Confined Space or conducting live electrical work

11 When must risk be managed? The risk of an object falling on a person if it is likely to injure a person (regulation 54) A risk associated with hearing loss due to noise (Chapter 4, regulation 57), e.g. a Technical Studies workshop Relating to hazardous manual tasks (refer later discussion on Code of Practice) A risk of a fall (regulation 78) does not apply to a sporting activity

12 When must risk be managed? In relation to electrical risks, associated with the design, construction, installation, protection, maintenance and testing of electrical equipment (regulation 147) With the management or control of plant (regulation 203) Involving the use, handling, generating or storing a hazardous chemical (regulation 351)

13 Hazardous manual tasks (HMT) Summary of requirements The Hazardous Manual Tasks Code of Practice requires that a duty holder must: Identify reasonably foreseeable hazards Eliminate and if not possible minimise the risk Maintain the implemented control measure so it remains effective Review and if necessary revise the risk control measures The Code deals with how to assess the risk of musculoskeletal disorder (MSD)

14 What is HMT? A task that involves 1 or more of the following: Repetitive or sustained force High or sudden force Repetitive movement Sustained or awkward posture Exposure to vibration

15 So when should a HMT be risk assessed? If the task involves repetitive or sustained postures, movements or forces and it involves long duration Involves high force or sudden force Involves vibration

16 Managing the work environment and facilities Summary of requirements The Regulations (40, 41 and 43) require the: Provision of adequate facilities, including toilets, drinking water, washing and eating facilities; Preparation of emergency plans; Management of the risks associated with remote and isolated work; and The layout of the workplace, lighting and ventilation enables workers to carry out work without risk to health and safety.

17 Managing the work environment and facilities Summary of requirements The Code of Practice specifies: Entries and exits should be slip-resistant Aisles and walkways to be at least 600mm wide Open sides of staircases to be guarded Separate entry and exit for mobile equipment, e.g. forklift. If the traffic route is shared, safe walkways must be clearly marked Power-operated doors/gates should have safety features to prevent a person being struck or trapped Location of exists clearly marked and signs posted to show directions to exit doors

18 Consultation requirements - Act and Regulations The PCBU must consult with workers who carry out work for the PCBU, who are, or likely to be directly affected by a matter relating to WHS (section 47) A PCBU must set out an agreed procedure for WHS issue resolution (regulation 22) This Procedure must be in writing and communicated to all workers that it applies to Training for a HSR is now 5 (initial), 3 and 2 days One day bridging course

19 Consultation requirements When must you consult? Section 49 of the Act requires you to consult with workers when: Identifying hazards and assessing risks Making decisions about ways to eliminate or minimise those risks Making decisions about the adequacy of facilities for the welfare of workers Proposing changes that may affect the health and safety of your workers; and Making decisions about procedures for consulting with workers, resolving H&S issues, monitoring conditions at the workplace

20 Consultation requirements The WHS Consultation, Co-operation and Coordination Code of Practice provides guidance on how to consult with workers A H&S Committee must be established within 2 months of a request being made (section 75). It must comprise 50% of its members not nominated by management (section 76) and meet at least every 3 months (section 78) Must consult with other PCBU s

21 Summary of requirements - Plant Regulations specify the requirements in relation to the management and control of Plant Plant includes any machinery, equipment, appliance, implement or tool, e.g. a lift, ride on mower, forklift, vehicle, bus, power tools etc The PCBU must ensure the item of Plant: - Is only used for its intended purpose; - All reasonable steps are taken to ensure the safety features and warning devices are used - Operational controls are identified, accessible to the operator, located or guarded to prevent unintended use and used in accordance with instructions issued

22 Summary of requirements - Plant A person with management or control of plant must ensure that: - Unauthorised alterations or interference to the item is prevented; - Maintenance, inspection and testing is completed by a competent person (regulation 213) - The item of plant is not left in a state that creates a risk to health and safety (regulation 207)

23 Summary of requirements Hazardous chemicals Requirements specified in Chapter 7 of the Regulations ( ) and 3 Codes of Practice: Managing Risks of Hazardous Chemicals in the Workplace Labelling of Workplace Hazardous Chemicals Preparation of Safety Data Sheets for Hazardous Chemicals

24 Summary of requirements Hazardous chemicals The labelling of a chemical stored must be in accordance with the Globally Harmonised System (GHS) of Classification and Labelling, even if it is decanted from its original container (regulation 342) A PCBU must obtain a Safety Data Sheet for the chemical from the manufacturer, importer or supplier: When it is first supplied for use, or as soon as practicable thereafter The Safety Data Sheet must be accessible to workers using, handling or storing the chemical

25 Summary of requirements Hazardous chemicals A register of hazardous chemicals used, handled or stored must be kept (regulation 346) The register must include: A list of the chemicals used, handled or stored; and The current Safety Data Sheet for each chemical listed in the register; and Must be kept up to date; and Be readily accessible to all workers using, handling or storing the chemicals A manifest must also be kept if the substances exceed what is specified in Schedule 11 of the Regulations

26 Summary of requirements Hazardous chemicals A review of the control measures in place need to be reviewed in the event the SDS changes Where there is a risk of a spill or leak of a hazardous chemical, (e.g. a Science lab) a spill containment system (e.g. a spill kit) must be in place (regulation 357) Fire protection and firefighting equipment needs to be in place that meets the types and quantities of hazardous chemicals at the workplace (reg. 359) A PCBU must provide any supervision that is necessary to protect the worker from risks to their health and safety

27 Summary of requirements Electrical work and equipment If work has to be performed on energised electrical equipment, a risk assessment must be completed before work commences on any energised equipment (regulation 158); and With the work then completed in accordance with a safe work method statement (regulation 161)

28 Incident Notification Summary of requirements A notifiable incident means a death; serious injury or illness or a dangerous incident (sections 35-37) A serious injury or illness is immediate treatment: As an in-patient in a hospital; For an amputation; or serious head injury; or a serious eye injury; or a serious burn, or a degloving injury, or a spinal injury, or serious lacerations Medical treatment within 48 hours of exposure to a substance A dangerous incident includes, e.g. a spillage of a substance, a gas explosion, electric shock Notice required within 48 hours

29 First Aid Summary of requirements Requirements specified in regulation 42 and the Code of Practice First Aid in the Workplace The arrangements for first aid need to consider: Nature of the work being carried out Nature of the hazards at the workplace; Size and location of the workplace; and Number and composition of the workers The PCBU must ensure an adequate number of workers are trained

30 Implementation of the WHS Act Questions?