WORKPLACE HEALTH & SAFETY REGULATIONS TRAINING For Managers of GTOs

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1 For Managers of GTOs Assistance and funding for this material has been provided by WorkCover NSW through the WorkCover Assist Program.

2 Contents 1 Introduction Course Objectives 2 Module 1 Overview 3 Module 1 Legislative framework 4-5 Module 1 What s covered in the WHS regulations? 6-7 Module 2 Key changes: WHS Regulations 8-16 Module 2 Workplace WHS requirements Module 2 Workplace WHS requirements checklist Module 2 Case studies 1-3: WHS requirements Activity 3 Common WHS hazards Activity 4 Case studies 1-3: Common WHS hazards 35 Module 4 High risk hazards Activity 5 Case Studies 1 & 2: High risk hazards 38 Module 5 Construction work 39 Activity 6 Classification of work tasks Activity 7 High risk construction work Activity 8 Case studies 1 & 2: construction specific requirements

3 Introduction Welcome This course is being delivered by Youthsafe on behalf of the GTA NSW to assist their members to understand the requirements of the WHS Regulations and its implications in your workplace. The model WHS Act and Regulations provide a national WHS framework that each state, territory and the Commonwealth are required to mirror in their own WHS legislation. The WHS legislation commenced on the 1st January Course Objectives The main objective of this course is to assist you as Group Training Organisations to understand how the WHS legislation will influence health and safety outcomes in your workplace. It will also provide an opportunity for Group Training Organisation managers to be consulted on what they would like to be considered in the WHS Legislation workshop for their Field Officers. Participation As this course has been designed and delivered to help you and your fellow participants understand the changes that will occur under the WHS Regulations, please use this opportunity to clarify any issues and seek information you may require. Your participation through group questions, discussions and in the course activities will provide you with a greater understanding that can be used to help make your workplace a safe and healthy workplace for everyone. 1

4 MODULE 1 Overview The key learning outcomes of this module are: An understanding of the legislative framework for WHS. An overview of the content and structure of the WHS Regulations. An understanding of how Codes of Practice are used to support the implementation of the WHS legislation.

5 Module 1: Overview This module will provide participants with a high level overview of the WHS Regulations and supporting Codes of Practice and other guidance material introduced to support the new legislation. Background references: Safe Work Australia (Federal Government) website provides various reference material on the model WHS legislation and other supporting material including draft Codes of Practice etc. WorkCover NSW website provides regular updates on changes to model WHS legislation and state based WHS legislation. 2

6 Module 1: Overview Legislative framework 1. A WHS Act that covers all work situations the WHS Act is state statutory law. It sets out in broad terms the obligations of duty holders, i.e. it spells out WHAT duty holders must do. 2. WHS Regulations that defines in some detail HOW certain things are to be done the Regulations are also statutory law and must be followed. 3. Codes of practice that recommend best ways of reducing risks. Codes are not laws but they do set minimum standards and may be relied on when determining the state of knowledge of what is reasonably practicable in the circumstances to which the Code of Practice relates.(s275 WHS Act). 4. Australian Standards are not law unless they are referenced in the legislation. If they are referenced then they become law and must be followed. 5. Industry Standards provide advice and guidance to industry members about how to meet their obligations under the legislation. 6. Guidance Material, such as WorkCover publications, also provide advice to duty holders on the application of the legislation and how duty holders are to meet their obligations. 3

7 Module 1: Overview What s covered in the WHS Regulations? Chapters 1 Preliminary 2 General risk & workplace management 3 Representation & participation 4. Hazardous work 5 Plants & structures 6 Construction work 7 Hazardous chemicals 8. Asbestos 9 Major hazardous facilities 10 Mines 11 General What s included Deals largely with administrative matters, including a comprehensive set of definitions. Deals with general risk and workplace management and covers the identification and control of workplace risks and prescribed ways of managing WHS concerns common to all workplaces such as training, information and instruction and first aid. Deals with representation and participation and provides detailed information about workgroups, health and safety representatives and workplace entry permit holders. The WHS Act requires that you consult, so far is reasonably practicable, with workers who carry out work for you who are directly affected by a work health and safety matter. If the workers are represented by a health and safety representative, this consultation must also involve that representative. Deals with hazardous work and addresses control measures for issues including noise, confined spaces, falls, licensing of high risk work etc. Deals with plant and structures and includes information on general duties for PCBUs who design, manufacture, supply and manage/control plant. The chapter also includes prescriptive requirements for general plant such as guarding and prescriptive requirements for specialised plant such as industrial lift trucks and registration of certain plant and plant designs. Deals specifically with construction work including the duties of key duty holders such as designers, commissioners, principal contractors and workers. The chapter also covers high risk construction work and the requirement for safe work method statements. Deals with hazardous chemicals including various requirements for labeling, management of risk, emergency plans, storage and handling, health monitoring, information provision, exposure standards and use of symbols. Is a chapter specifically on asbestos which covers management of risks, demolition and licensing. Is a specialised chapter dealing with major hazard facilities. Deals with mines. It is important to note that the inclusion of specific provisions for mine safety directly in to WHS legislation is new for many jurisdictions including NSW. Is another administrative chapter and among other things deals with reviewable decisions and exemptions. 4

8 Module 1: Overview What s covered in the WHS Regulations? There are a number of hazards that were previously regulated that are not specifically mentioned in the new WHS Regulations. These include, for example: Spray-painting Abrasive blasting Electroplating Welding Some construction hazards e.g.: overhead protective structures, structural collapse, safe lowering of materials Certificates of Competency for pest management technician or fumigation Licensing classes for load shifting equipment - front-end loader/backhoe operation (LB) front-end loader skid steer type (LS) front-end loader operation (LL) excavator operator (LE) but a new class for reach stackers, which are used to move shipping containers as well as in logistics operations. BUT REMEMBER: JUST BECAUSE A HAZARD IS NOT MENTIONED IN THE REGULATIONS DOES NOT MEAN IT IS NOT REGULATED. Any workplace hazard that is not specifically regulated is covered by the general duties in the WHS Act and Chapter 3 of the WHS Regulations. Duty holders (PCBUs and others) must identify any risk associated with the particular hazard and as far as is reasonably practicable, take steps to eliminate or minimise the risk. To do this, duty holders will have to take into account the state of knowledge about the hazard (i.e. reasonably practicable takes into account the state of knowledge about the risk and the availability and suitability of ways of eliminating or minimising it). As these hazards have been regulated for many years and there is a range of authoritative guidance materials available that have been produced by WorkCover and other jurisdictions, existing control measures should be continued. 5

9 MODULE 2 Workplace WHS requirements The key learning outcomes of this module are: An understanding of the basic workplace requirements under the WHS Regulations. An understanding of the workplace management part of the new regulations. An understanding of the key changes from the current NSW OHS Regulations.

10 Module 2: Workplace WHS requirements Summary of key changes: WHS Regulations Overall, the implementation of the model Work Health and Safety Regulations (WHS Regulations) should not have a significant impact in how NSW businesses operate and manage work health and safety matters. Essentially, many requirements are unchanged, or substantially the same as is currently prescribed in the existing Occupational Health and Safety Regulation 2001 (OHS Regulation). However, some NSW businesses or industries may need to change how they comply with work health and safety legislation in the following respects: Introduction of health and safety representatives. WHS entry permit holders required to give notice before entering a workplace under certain circumstances. The establishment of generic risk management provisions, including a hierarchy of controls, which will apply to all duties under the regulations. Residual current devices will only be required for hostile environments or hostile operations. These requirements will apply from 1 January There are new requirements for licensing of asbestos assessors (normally occupational hygienists) and obligations on persons conducting a business or undertaking to use licensed asbestos assessors for air monitoring and clearance certificates when removing friable asbestos. Class A (friable) asbestos removal licence holders will be required to have a certified safety management system. There is no provision for pest management technicians or fumigation certificates of competency and no high risk work licensing classes for load shifting activities such as excavator and backhoe operation. However there will be a new licence class for reach stackers. 6

11 Module 2: Workplace WHS requirements Summary of key changes: WHS Regulations (cont) Certain demolition work must be notified to the regulator. NSW will retain its current licensing arrangements until demolition licensing under the national occupational licensing scheme commences (at least 2013). Major overhaul and shutdown works of fixed plant, such as at power generation plants, will be subject to requirements in the construction chapter in relation to coordination of works by five or more persons conducting a business or undertaking (PCBUs) at any one time. Provisions relating to chemicals will be based on the globally harmonised system for classification of chemicals, subject to a five-year transitional period. This will now extend to chemicals that are dangerous goods. A new provision for PCBUs to provide for audiometric testing of workers who are frequently required to wear hearing protection to protect the worker against noise above the exposure standard. Notification of schedule 11 hazardous chemicals (dangerous goods) only when they exceed the manifest quantity, and thereafter only where there is a significant change in risk. Registration of items of plant every five years, rather than annually. (Source: Model work health and safety regulations. Summary and key changes for NSW. WorkCover NSW). Further Information Draft Code of Practice: How to Manage Work Health and Safety Risks WHS Regulations: Chapter 3 7

12 Module 2: Workplace WHS requirements Managing risk The duty to maintain and review risk controls reflects the general duty in the WHS Act to provide and maintain a safe and healthy workplace. The regulations require a duty holder to ensure that controls are maintained so they continue to be effective. Duty holders must review controls if the measure is ineffective, if changes that may affect the control are proposed, if new hazards are identified, if consultation indicates a review is necessary or if a HSR requests a review. The HSR may request a review of a control measure if there is a reasonable belief that the circumstances listed in the regulation apply and otherwise if the HSR reasonably believes that the review of the control measure undertaken has not been adequate. The WHS Regulations specifies when a review must be undertaken. Examples of triggers for a review include: Undertaking a new or changed activity: When your organisation takes on a new work activity or makes changes it should use the managing risk approach to ensure that appropriate prevention measures are used. Purchasing and using new equipment, substances and processes: Evaluating the options for equipment, substances and processes should include an assessment of the risks associated with each option. Responding to incidents and issues: Incidents (whether they cause an injury or not) need an investigation to establish how current measures may have failed to prevent such incidents. Such an incident may be an indicator that not all that is reasonably practicable is being done to prevent harm in your workplace. It is important to note that this generic section does not change the specific compliance obligations for specific risks such as noise or hazardous chemicals. In other words if specific controls are mandated in the WHS Regulations they must be followed. The Code of Practice provides guidance on the process of managing risks. It not only covers identification and control but includes a section on risk assessment directed at establishing what is reasonably practicable. It makes it clear that risk assessment is not required in some circumstances (e.g. where there are controls mandated) but may be useful in others (e.g. where there are complex hazards). 8

13 Module 2: Workplace WHS requirements Managing risk (cont) The code indicates risk assessments may be required in some cases and not others A risk assessment should be done when there is uncertainty about how a hazard may result in injury or illness, or the work activity involves a number of different hazards and there is a lack of understanding about how the hazards may interact with each other to produce new or greater risks (e.g. fatigue). A risk assessment is mandatory under the WHS Regulations for some hazards (e.g. entry into confined spaces). Legislation requires some hazards or risks to be controlled in a specific way these requirements must be complied with (e.g. labelling Safety Data Sheet (SDS) provision). Consultation and representation The key changes relating to consultation and representation such as the broader duty to consult and the powers of HSRs, are defined in the WHS Act. The most specific requirements in the WHS Regulations include listing the matters that should be taken into account when determining work groups (see Act module) and the specification of a 5 day training course for HSRs and a one day refresher course each year to commence one year after the initial training. The WHS Regulations are similar and consistent with the current OHS Regulations in NSW. However one key change is that the current OHS Regulations have more detailed requirements about committees reflecting the more prominent role of committees in NSW. The WHS Regulations specifies the number and grouping of workers who perform similar types of work as a factor in determining work groups. This could include: Workers doing the same tasks. Workers sharing similar daily working arrangements (e.g. having the same shift arrangements). Workers being part-time, casual or seasonal. Workers under the same contract or certified agreement; or having the same job grade. 9

14 Module 2: Workplace WHS requirements Consultation and representation (cont) The WHS Act requires that a reasonable effort be made to resolve a WHS issue according to any relevant agreed procedure and if not, by the default procedure. The default procedure is set out in the WHS Regulations and outlines the process and matters that should be considered. The agreed procedure should be in writing and communicated, as should the results of any specific issue resolution process. A key change is that under the WHS legislation, the issue resolution process is not limited to health and safety committee members or representatives, as is currently the case under the NSW OHS Regulations. Issue Resolution The factors to be considered in resolving an issue are listed in the regulations and may involve: Establishing the impact on workers either through existing evidence or by a risk assessment (e.g. chemical exposure with direct effect on health such as nausea). Considering the number and location of workers (e.g. chemical release may impact on a whole workplace or only one or two workers, in which case the severity of the impact becomes critical information to the resolution process). Assessing the measures so far as is reasonably practicable to resolve the issue (e.g. how long it will take to correct the risk permanently such as substitution of one chemical for another that is less hazardous and whether an the interim short-term measures, such as the use of personal protective equipment, may need to be implemented). 10

15 Module 2: Workplace WHS requirements Training, Information and Instruction The WHS Regulations expand on the WHS Act general duty and specifies the type of training, information and instruction that should be provided. There is a requirement that the training, information and instruction be provided in a way that is readily understandable by any person who will use it. The WHS Regulations are very similar to the current OHS Regulation with a specific section on training, information and instruction. One key change is that the WHS Regulations only refers to induction training in relation to specific work such as construction and diving, as opposed to specific induction for new employees outlined in the OHS Regulations. However it would be expected that induction training would continue to be a part of the PCBU s general duty to provide suitable and adequate training, instruction and information to workers. The WHS Regulations state that training should be relevant to the work at the time it is provided. A new worker should expect training on: how WHS is managed in the workplace. how to report a hazard or other safety issues. what health and safety procedures there are for their tasks (such as safe work procedures). how to control any risks. Working Environment A PCBU must ensure the working environment is, so far as is reasonably practicable, without risk to health and safety. While there is no mandatory risk assessment process, each of the workplace topics require an assessment that takes into account the issues prescribed in the regulations. More detailed guidance on how duties can be met are outlined in the draft Code of Practice on Managing the Work Environment and Facilities. These requirements are similar to those included in the current OHS Regulations with the exception of working near essential services (e.g. Electrical, Gas or Water services). 11

16 Module 2: Workplace WHS requirements Facilities A PCBU must so far as is reasonably practicable provide and maintain adequate, clean, safe and accessible facilities. While there is no mandatory risk assessment process, the provision of amenities will require an assessment that takes into account the issues prescribed in the regulation (e.g. nature of work etc). More detailed guidance on how duties can be met are outlined in the model Code of Practice on Managing the Work Environment and Facilities. Personal Protective equipment The use of PPE is put in the context of controlling risks through the hierarchy of control. In other words the PPE provisions only apply where other elimination and minimisation options have been found not to be reasonably practicable. If a PCBU provides workers with PPE they are required to use and wear the PPE in accordance with all instructions and training, to report any defects or need to clean or decontaminate the equipment and must not deliberately misuse or damage the PPE. A PCBU has a duty to ensure that the PPE used by others, such as visitors, is suitable and effective and that such persons use the PPE. Others have a reciprocal duty to use and wear PPE in accordance with instructions and training. Some of the factors apart from suitability to activity and hazard to consider when selecting PPE include: Should not create additional health or safety risks. Should be compatible with other PPE being used (e.g. ear muffs with a hard hat). Should fit properly. Should not interfere with any medical conditions of the user. Should be easy to use and be comfortable. Should comply with relevant Australian Standards. 12

17 Module 2: Workplace WHS requirements First Aid The WHS Regulations take a performance based approach rather than prescribing in detail. While there is no mandatory risk assessment process, the provision of First Aid will require an assessment that takes into account the issues prescribed in the WHS Regulations (e.g. nature of work etc). Organisations already complying with current NSW OHS Regulations on kits and numbers of trainers are likely to have met most of the assessment factors listed in the new WHS Regulations. Key changes under the WHS Regulations include: lack of thresholds, such as number of workers, to determine the number of trained first aiders or the number of kits. no differentiation of construction and non construction workplaces. no prescription of the contents of kits. Determining the appropriate kit contents depends of the factors listed such as location of the work. A remote workplace might require in addition to the standard kit contents (e.g. bandages, scissors etc). broad crepe bandages (for snake bites). cervical collar (for spinal/neck injuries.) large clean sheeting (for covering burns). thermal blanket (for treating shock). torch/flashlight. Emergency plan While there is no mandatory risk assessment process, the development of an emergency plan will require an assessment that takes into account the issues prescribed in the regulations (e.g. nature of work etc). The WHS Regulations includes a requirement to test the emergency plan. Emergency planning has to consider different situations including: fire or explosion. dangerous chemical release. medical emergency. natural disaster. bomb threats. violence or robbery. These situations may not be found in the immediate workplace but in adjacent facilities, such as a chemical storage facility across the road. 13

18 Module 2: Workplace WHS requirements Airborne contaminants (cont) Examples of situations where there may be uncertainty or where atmospheric monitoring may be needed include: The process or hazardous substance is new and there is uncertainty as to the level of exposure or risk. The process is carried out sporadically or the exposure varies in level, frequency or duration. It is not clear whether new or existing risk controls are effective (e.g. Ventilation). The risk to health is largely controlled through the use of respiratory protection. The risk to health is largely managed through administrative controls (e.g. Systems of work such as job rotation). Hazardous Atmospheres In the WHS Regulations, a PCBU is required to manage risks to health and safety at a workplace arising from hazardous atmospheres. Hazardous atmospheres are defined as where: The atmosphere does not have a safe oxygen level; or The concentration of oxygen in the atmosphere increases the fire risk; or The concentration of a flammable gas, vapour, mist, or fumes exceeds 5 percent of the lower explosive limit for the gas, vapour, mist or fumes; or A hazardous chemical in the form of a combustible dust is present in a quantity and form that would result in a hazardous area. The requirement to ensure that flammable or combustible substances are kept at the lowest practicable quantity is a new requirement under the WHS Regulations. An example of a hazardous atmosphere is where the atmosphere is enriched with oxygen (where the oxygen level is greater than in air). The main causes of fires and explosions when using oxygen are: Oxygen enrichment from leaking equipment; Use of materials not compatible with oxygen; Use of oxygen in equipment not designed for oxygen service; Incorrect or careless operation of oxygen equipment. 15

19 Module 2: Workplace WHS requirements Falling objects The requirement to manage the risk of falling objects under the WHS Regulations is very similar to that covered in the NSW OHS Regulations. If it is not possible to eliminate the risk, then minimise the risk to health and safety as far as is reasonably practicable. Examples of falling object prevention measures include: Providing a secure barrier Using screening nets Using catch platforms Using waste disposal chutes Providing a safe means of raising and lowering objects Providing an exclusion zone persons are prohibited from entering 16

20 Module 2: Workplace WHS requirements Activity 1: WHS requirements checklist The WHS Regulations state that training should be relevant to the work at the time it is provided. A new worker should expect training on the following elements. How does your GTO ensure your workers develop these skills? Workplace WHS Requirements Checklist Is your GTO currently meeting the following WHS requirements? Training, Information and Instruction Requirements Workers are aware: YES NO How WHS is managed in your workplace. How to report a hazard or other safety issue. What health and safety procedures there are for their tasks. E.g. operator manuals, SDS How to control risks. What information there is available to help them do their job safely. E.g. operator manuals, SDS. WHS Regulations: Chapter 3, Part 3.2, Regulation 41 Draft Code of Practice: Work Health & Safety Consultation, Cooperation and Coordination Safe Working Environment Requirements The work environment: YES NO Allows a person to move around & access & exit without risk. Is adequate for the task. Has suitable floors & other surfaces. Has suitable lighting & ventilation Allows work to be completed in extreme temperatures without risk. Draft Code of Practice: Managing the Work Environment and Facilities NSW WorkCover Code of Practice: Work in Hot or Cold Environments 17

21 Module 2: Workplace WHS requirements Remote or isolated work This is a new requirement under the WHS Regulations. Remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work. For example, timber harvesting in areas that are only accessible by bush tracks and do not have reliable mobile phone reception or home care workers in rural areas visiting clients by themselves and working without ready access to support staff. In the WHS Regulations assistance includes rescue, medical assistance and the attendance of emergency service workers. Examples of communication systems could include: Personal security systems (wireless and portable). Radio communication systems between two mobile users. Satellite communication systems. Distress beacons. Examples of communication procedures may include: a telephone call to home base on arrival and departure at a work site. pre-trip agreement on departure and arrival times and accommodation arrangements. pre-arranged mobile phone calls at scheduled times. Airborne contaminants The major requirement is to ensure that exposure standards for substances or mixtures (e.g. gases, dusts and vapours) are not exceeded. If a PCBU is uncertain whether an exposure standard is being exceeded or if there may be a risk to health then atmospheric monitoring must be undertaken. Records of monitoring must be kept for 30 years and be readily accessible (i.e. available in hard copy at the workplace or accessible by a worker on line at workplace) to those affected. There is a similar coverage of this issue under the WHS Regulations to that found in the NSW OHS Regulations but it is organised differently. For example, there are no longer specific sections on contaminants such as those produced when welding or abrasive blasting. These sections require risk controls to be used depending on the nature of the activity and contaminant. More information is included in the module for high risk work. 14

22 Module 2: Workplace WHS requirements Facilities Requirements Have you considered: YES NO Whether the place of work covers an extensive area, or is work undertaken in a compact location? Whether employees travel between workplaces, to numerous work sites, or other locations. Whether the place of work is close to appropriate amenity facilities (toilets, washing & eating). How long it would take to access nearest amenity facilities if necessary. Draft Code of Practice: Managing the Work Environment and Facilities NSW WorkCover Code of Practice: Workplace Amenities WHS Regulations: Chapter 3, Part 3.2, Regulation 41 Personal Protective Equipment Requirements Have you considered that PPE: YES NO Should not create additional health or safety risks. Should be compatible with other PPE being used e.g. ear muffs with a hard hat. Should fit properly. Should not interfere with any medical conditions of the user. Should be easy to use and comfortable. Should comply with relevant Australian Standards. WorkSafe WA Code of Practice: Personal protective clothing and equipment WHS Regulations: Chapter 3, Part 3.2, Regulations

23 Module 2: Workplace WHS requirements First Aid Requirements Have you considered that workplaces: YES NO Must provide accessible First Aid equipment & facilities. Must ensure adequate numbers of workers are trained or have access to others that are trained. NSW WorkCover: First Aid in the Workplace Guide WorkSafe Victoria: Compliance Code First Aid in the Workplace WHS Regulations: Chapter 3, Part 3.2, Regulation 42 Emergency plan Requirements Have you considered that workplaces: YES NO Must inform workers of procedures for rapid response, evacuation, notification, assistance & communication Must consider different situations i.e. Fire or explosion, dangerous chemical release, medical emergency, natural disaster, bomb threats, violence or robbery. Must test procedures in line with plan / schedules. Draft Code of Practice: Managing the Work Environment and Facilities WHS Regulations: Chapter 3, Part 3.2, Regulation 43 Remote or Isolated work Requirements Have you considered that workplaces: YES NO Must manage risks to the health & safety of a worker associated with remote work e.g. consider assistance like rescue, medical assistance & attendance of emergency of service workers. Must provide a system of work that includes effective Communication with the worker e.g. telephone call to home base on arrival, pre-arranged mobile phone calls at scheduled times. Draft Code of Practice: Managing the Work Environment and Facilities WHS Regulations: Chapter 3, Part 3.2, Regulation 48 19

24 Module 2: Workplace WHS requirements Airborne Contaminants Requirements Have you considered that workplaces: YES NO Must ensure exposure standard for a substance or mixture is not exceeded. Must undertake atmospheric monitoring in certain circumstances. Must keep records & make accessible to those exposed to contaminants. WorkSafe Victoria: Compliance Code Foundries WHS Regulations: Chapter 3, Part 3.2, Regulations Hazardous Atmospheres Requirements Have you considered that workplaces: YES NO Must manage risks associated with hazardous atmospheres e.g. atmosphere enriched with oxygen. Must manage risks associated with an ignition source in a hazardous atmosphere. Must ensure that flammable or combustible substances are kept at the lowest practicable quantity. NSW WorkCover Code of Practice: Storage and handling of Dangerous Goods WHS Regulations, Chapter 3, Part 3.2, Regulations Falling Objects Requirements Have you considered that workplaces: YES NO Must manage risks of falling objects if reasonably likely to injure a person. If unable to eliminate risk need to minimise risk by: - Preventing free fall of objects - Arresting free fall of objects e.g. providing a secure barrier. WorkCover NSW: Working at heights - Part 2: Falling objects Fact Sheet WHS Regulations: Chapter 3, Part 3.2, Regulations

25 Module 2: Workplace WHS requirements Activity 2: WHS requirements case studies Case Study 1 A host employer employing 80 people undertakes work where the common hazards are machinery and chemicals. The injury register shows that the most frequent injuries in the workplace are lacerations and burns. While the WHS Regulations still require the provision of first aid equipment, the number of first aiders, kit numbers and contents will not be mandated as in the current NSW OHS Regulations. Further guidance will be provided in the First Aid Code of Practice. Issues to consider What is the size and layout of the workplace? Is the workplace in close proximity to medical services or hospitals? How many trained first aiders are needed? Do any workers work off site? What First Aid arrangements are likely to be adequate? What are your responsibilities as a PCBU to your apprentices at this host employer site? 21

26 Module 2: Workplace WHS requirements Activity 2: WHS requirements case studies Case Study 2 A host employer company that assembles car parts for distribution operates from a factory. A recent review of health and safety by the Field Officer on a monitoring visit indicated that the lighting levels may not be adequate at this site. The apprentice tells the Field Officer that no one talks to her about safety and she doesn t know if there are HSRs on site or not. She has begun to experience headaches that she thinks may be due to poor lighting. What are your obligations? The host employer does have a HSR who becomes involved. In response, the company upgrades the lighting in the assembly areas but the HSR for that area does not believe that the problem has been solved and seeks a further review as allowed by the WHS Regulations. Issues to consider How detailed is the assembly work being undertaken? Have there been any reports of problems resulting from lighting levels (e.g. eye strain)? Does the lighting level comply with the Building Code recommendations on lighting? How would this situation be managed and resolved? 22

27 Module 2: Workplace WHS requirements Activity 2: WHS requirements case studies Case Study 3 A manufacturing host workplace begins manufacture of a new product and in the process fumes are released into the working environment. This is the first time the process has been carried out. Two of your apprentices have contacted their Field Officer to report discomfort in that part of the factory. Issues to consider What is the substance? Do the airborne contaminants have a specific exposure standard that must not be exceeded? What is the method for extracting contaminants (e.g. natural ventilation, exhaust system)? What are the health effects of exposure? What actions do you take? Should the PCBU carry out air monitoring to establish what the fumes are and whether they exceed an exposure standard? 23

28 MODULES 3 & 4 Common WHS hazards (3) High risk hazards (4) The key learning outcomes of module are: An understanding of the common workplace hazards covered in the WHS Regulations. An understanding of the changes from the current NSW Regulations. The key learning outcomes of module are: An understanding of the high risk hazards, including licensing arrangements for high risk work covered in the WHS Regulations. An understanding of the changes from the current NSW OHS Regulations.

29 Module 3: Common WHS Hazards Activity 3: WHS hazards Consider the most common hazards likely to be found in most of your hosts workplaces and complete the following questions. Electrical work A significant change, commencing 1 January 2013, is the use of residual current devices. Guidance on when residual current devices are required is currently being developed. 1. What are some common electrical hazards in your workplace? 2. What measures do you currently use to manage the risks of your biggest hazard? 3. What is the WHS Regulation in regards to Residual Current Devices? 24

30 Module 3: Common WHS Hazards Activity 3: WHS hazards Electrical work (cont) 4. What does the WHS regulation state needs to be done in regards to testing and electrical equipment? 5. What is the regulation in regards to the use of Energised Electrical Equipment? 6. What is the responsibility of a PCBU in regards to work around overhead & underground electric lines? 25

31 Module 3: Common WHS Hazards Activity 3: WHS hazards Falls This part outlines specific requirements for the management of risks of falls. However, the provisions under the WHS Regulations apply to a fall by a person from one level to another rather than specifically a fall from heights. In managing a risk, a PCBU must ensure, so far as is reasonably practicable, that work involving the risk of a fall is carried out on the ground or a solid construction. In the event that the risk cannot be eliminated a PCBU is required to provide adequate protection to minimise the risk of a fall. 1. What is the expectation of a PCBU in minimising the risk of falls in a workplace? 2. What are some examples of ways a risk of falls can be eliminated when conducting work tasks? 3. In the WHS Regulations what are some examples of fall prevention devices? 26

32 Module 3: Common WHS Hazards Activity 3: WHS hazards Falls (cont) 4. What are some examples of a work positioning system? 5. If a fall arrest system is used by a PCBU what procedures need to be in place at the workplace? 6. What are some examples of ways a PCBU can ensure a safe system of work is present in a workplace to prevent falls? 27

33 Module 3: Common WHS Hazards Activity 3: WHS hazards Noise The requirements for the duty holder to manage the risk of hearing loss are substantially the same as currently prescribed under the OHS Regulation. However, a new requirement under this part is the provision for a PCBU to provide audiometric testing for a worker who is frequently required to wear hearing protection to protect against noise above the exposure standard. 1. What is the maximum noise level a worker should be exposed to in a workplace? 2. When should audiometric testing be provided to a worker by a PCBU and how often should it be conducted? 3. Under what circumstances would a PCBU be expected to conduct a review of noise hazards in a workplace? 28

34 Module 3: Common WHS Hazards Activity 3: WHS hazards Hazardous manual tasks This part requires PCBUs to manage risks associated with hazardous manual tasks. The PCBU must determine control measures to manage the risk of injury by taking into account matters such as the design of the work area, systems of work, and layout of the workplace. The code of practice provides guidance on managing the risks of manual tasks, including guidance on identifying, assessing and controlling risks associated with manuals tasks. 1. What is the responsibility of a PCBU in managing musculoskeletal disorders associated with hazardous manual tasks such as lifting, repetitive movement, awkward postures and exposure to vibration? 29

35 Module 3: Common WHS Hazards Activity 3: WHS hazards Hazardous chemicals A key change in the WHS Regulations since public comment is that the introduction of classification according to GHS will apply to dangerous goods as well as hazardous chemicals. A five year transitional period will apply to this change. Each jurisdiction will draft its own transitional legislation to provide for the transition to GHS. During the transitional period, until 2017, duty holders may classify and label chemicals in accordance with either GHS or existing arrangements. 1. What are some strategies that can be put in place by PCBUs to manage hazardous chemicals in the workplace? 30

36 Module 3: Common WHS Hazards Activity 3: WHS hazards Plant and Structures Like the current OHS Regulation, the WHS Regulations include requirements to register certain plant designs, such as LPG gas cylinders and to register particular items of plant, such as boilers, tower cranes, lifts, escalators, moving walkways and amusement devices. However, the registration of an item of plant will now be valid for five years rather than one year (which is currently the case). There are also some changes to items requiring registration. Water slides will no longer require registration but inflatable amusement devices will if they are not sealed or do not use a non-return valve. 1. What is a key change under the WHS Regulation with managing the risks of plant and structures? The existing NSW OHS Regulations include a number of specific hazards that are not covered in the new WHS regulation. These include: Abrasive blasting Spray Painting Welding Electroplating Molten metal In each case the hazard continues to be covered by the PCBU general duty and is supported by the managing risk section of the WHS Regulations. These hazards have been regulated for many years and existing control measures should be continued. There is a range of authoritative guidance available that has been produced by WorkCover NSW. 31

37 Module 3: Common WHS Hazards Activity 4: Common WHS Hazard Case Studies Case Study 1 A tree feller employed by a timber harvesting company uses a chain saw to fell trees with work days as long as 10 hours. The faller has been supplied with hearing protection and uses it in line with instructions. The chain saw generates noise above the exposure standard set out in the WHS Regulations Issues to consider Has the noise level been checked? How long does the worker use the chain saw for on an average day? Is the hearing protection appropriate and well maintained? Should the tree faller have his hearing tested and monitored with audiometric testing? 32

38 Module 3: Common WHS Hazards Activity 4: Common WHS Hazard Case Studies Case Study 2 An apprenticie s job is to replenish stock from the warehouse at the back of the supermarket. Some of this stock was stored on racking above shoulder height and the boxes were between 15 and 20kg in weight. When the boxes were not stacked very high he could reach and bring down each box to a trolley for moving the stock to the supermarket shelves. Continual reaching and lifting above his shoulders began to cause pain in his upper arm and shoulder area. Issues to consider How often does this have to be done? Are the products in standard shape packages? How deep is the racking and how far does the worker have to reach? Is this a hazardous manual task and what does the regulation require if it is? 33

39 Module 3: Common WHS Hazards Activity 4: Common WHS Hazard Case Studies Case Study 3 A panel shop host employer regularly undertakes spray painting of vehicles. They use a booth built to Australian Standards and use relevant protective equipment such as eye and respiratory protection. Spray painting will no longer be specifically regulated under the new WHS Regulations. Issues to consider How does the Managing Risk section of the regulation apply? How does the airborne contaminants section of the regulation apply? Are there any other section of the regulation that apply? Does this mean the panel shop should conclude that the process has been de-regulated and that there are no requirements to meet? What is your responsibility to the apprentice? 34

40 Module 4: High Risk Hazards High risk work The WHS Regulation defines high risk work as any work set out in Schedule 3 which is work requiring a high risk work licence. Schedule 3 list all the classes of high risk work such as scaffolding, dogging, cranes and hoists and pressure equipment. One of the classes in schedule 3 is Basic scaffolding which is Scaffolding work involving any of the following: (a) modular or pre-fabricated scaffolds. (b) cantilevered materials hoists with a maximum working load of 500 kilograms. (c) ropes. (d) gin wheels. (e) safety nets and static lines. (f) bracket scaffolds (tank and formwork). 35

41 Module 4: High Risk Hazards Activity 5: High risk hazard case studies Case Study 1 A host employer has a warehouse that operates by picking stock off pallets and transporting them by forklift to the loading bay. The walls are Asbestos Cement (AC) sheeting that has been sealed and noted in the asbestos register. Several impacts from forklifts on one wall has left the AC in poor condition. Issues to consider Is it reasonably practicable to remove the AC sheeting? Are there other options? What other requirements must the PCBU meet? What should the host employer do to address the risk? What should you do to addresss the risk? 36

42 Module 4: High Risk Hazards Activity 5: High risk hazard case studies Case Study 2 A company has load shifting equipment that it uses. An apprentice has been placed with this host and he will be required to operate a forklift. This equipment does not require a high risk work licence under the new WHS regulations. Issues to consider Does the Act general duty apply? Does the Managing Risk section of the WHS regulation apply? Is there any guidance on competency for this equipment What is your responsibility for the appropriate training as a PCBU? Does the PCBU still have to manage this equipment safely? What duties apply? 37

43 MODULE 5 Construction specific requirements The key learning outcomes of this module are: What is considered construction work. What is high risk construction work. Who is the principal contractor and what duties they have. What is a construction project. What duties a PCBU has when carrying out construction work. The obligations on designers of structures. Requirements for industry induction training. Requirement for conducting high risk work.

44 Construction work Construction work means any work carried out in connection with the construction, alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure The WHS Regulations maintains many of the central features of the current NSW OHS Regulation. In most instances if you continue to manage construction work as you have done since 2001 you are likely to be able to readily comply with the requirements set out in this part of the WHS Regulations. Some of the changes to note include: There are changes to the definition of construction work. The requirement to appoint a principal contractor is narrower in the WHS Regulations. The requirement is now linked to a construction project that costs $250,000 or more and is no longer directly linked to high risk construction work. The definition of high risk construction work is under Clause 291 of the WHS Regulations and includes construction work that involves a risk of a person falling more than 2 metres. New design duties covering both the construction and the intended use of the structure. Site induction is not prescribed but covered generally. There are also some notable exclusions from the construction chapter that have now been moved in to Chapter 5 Plant & Structures. These include prescriptive provisions related to overhead protective structures, structural collapse, safe lowering of materials and scaffolding. 38

45 Classify the following tasks according to whether they are an example of construction work or not. Tasks Preparatory site clearing, benching or levelling done before construction Soil-testing the ground for design purposes before construction of a building or structure Building, fitting out or refitting an office building Traffic control on a construction site Installing an air-conditioning system Assembling or disassembling temporary fencing for a building site Installing an alarm system in a building during the fit out phase of its construction Loading trucks, waste bins and rubbish skips with demolition waste Undertaking on-site concrete batch testing Constructing a factory using precast concrete panels Roughing-in telephone, television and internet cables Dredging to prepare for the erection of a structure Making concrete panels and roof trusses at a workshop of an employer who is not involved in the construction project Routine servicing or minor repair of an air-conditioning system or solar power unit Routine maintenance of plant Replacing the carpet in an office Extracting sand or rock from a quarry or an open-cut mine Construction No Construction 39

46 Activity 7: High Risk construction work 40

47 Activity 7: High Risk construction work 41

48 Case Study 1 A specialised communication maintenance company has secured a contract to install new equipment on a communications tower by a large construction company. The work is part of a bigger project to which the company has been subcontracted. The sub contractors works have a contract value of $200,000. Issues to consider Is the work a construction project? Is the work High Risk Construction Work? Who is the principal contractor? Will the sub contractor have to prepare a WHS plan and SWMS? 42

49 Case Study 2 A company specialises in manufacturing prefabricated buildings and supplies kits to schools and other users. These buildings are transported to the site and assembled and installed by the purchasers. The company also has a division that dismantles older pre-fabricated buildings before they are replaced with new ones. Issues to consider What work does the company do on site? Are the kits manufactured off site? What is the impact of the work being construction work for the PCBU? Are both these activities construction work? 43