Presentation on theme: "NSW Work Health & Safety Regulations"— Presentation transcript:
1NSW Work Health & Safety Regulations WHS RegulationsTrainers Module: Overview
2WHS Regulations Training Package Overview ModulesOverview of WHS RegulationsManagement of Risk and Workplace ManagementCommon Workplace HazardsHigh Risk HazardsConstruction WorkWHS Regulations for Small BusinessWHS RegulationsTrainers Notes: OverviewThis training package is comprised of 6 modules on the WHS Regulations. It has been developed to address the common information needs of PCBUs.
3About this ModulePurpose: To provide participants with a high level overview of the WHS Regulations and the supporting Codes of Practice and other guidance materialTarget AudiencePCBUs, employer representatives, WHS Coordinators, HSRsStructureOne presentationDuration15 mins: with optional slides 20minsPrerequisite ModulesAll relevant modules on WHS ActCustomisationNilResourcesSafe Work Australia Legislative Factsheet – Codes of PracticeSafe Work Australia – Codes of PracticeWHS RegulationsTrainers Notes: OverviewExplainThis 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.The training time allowed for this session is approximately 15 minutes. It is expected that participants would have attended training on the WHS Act prior to attending this training session.Background references:Safe Work Australia (Federal Government) website – provides various referencematerial on the model WHS legislation and other supporting material including draftCodes of Practice etc.WorkCover NSW website – provides regular updates on changes to modelWHS legislation and state based WHS legislation .
4Learning Outcomes The key learning outcomes of this module are: An understanding of the legislative framework for WHSAn overview of the content and structure of the WHS RegulationsAn understanding of how Codes of Practice are used to support the implementation of the WHS legislationWHS RegulationsTrainers Notes: Overview.ExplainThis module includes a high level comparison between the WHS Regulations and the existing NSW OHS Regulations to show similarities and differences.Nothing in this module overrides the need for duty holders to examine their obligations in detail and to apply them to their specific circumstances.The suggested further information sources include both draft national codes of practice, existing state codes and other guidance materials. The status of state codes and guidance will be finalised in the transitional arrangements but all of this guidance will form part of the state of knowledge which determines what is reasonably practicable.
5Legislative Framework ACTREGULATIONCodes ofPracticeWHS RegulationsAustralianStandardsIndustryStandardsTrainers Notes: Legislative FrameworkExplainThe legal framework covering work health and safety in Australia is made up of: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 determine 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.MaterialsGuidance
6Function of the WHS Regulations The most important function of the WHS Regulations is to specify the steps that are required for compliance with the general duties under the ActWHS RegulationsTrainers Notes: Overview.ExplainThe Regulations are made under Section 276 & Schedule 3 of the Work Health & Safety Act 2011The most important function of WHS Regulations is to specify, in greater detail, the steps that are required for compliance with the general duties under the Act and to provide for particular hazards and risk controls.The Regulations impose obligations which are to be regarded as additional to the general duties imposed by the Act.Matters are included in the Regulations in order to streamline the Act
7What’s covered in the WHS Regulations PRELIMINARYREPRESENTATION AND PARTICIPATIONGENERAL RISK & WORKPLACE MANAGEMENTHAZARDOUS WORKPLANT AND STRUCTURESTrainers Notes: OverviewExplainThe WHS Regulations consists of 11 chaptersChapter 1: of the WHS Regulations deals largely with administrative matters, including a comprehensive set of definitions.Chapters 2: deals with representation and participation and provides detailed information about workgroups, health and safety representatives and workplace entry permit holders.Chapter 3: 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.Chapter 4: deals with hazardous work and addresses control measures for issues including noise, confined spaces, falls, licensing of high risk work etc.Chapter 5: 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.
8What’s covered in the WHS Regulations CONSTRUCTION WORKHAZARDOUS CHEMICALSASBESTOSMAJOR HAZARDOUS FACILITIESMINESGENERALTrainers Notes: OverviewExplainChapter 6: 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.Chapter 7: deals with hazardous chemicals including various requirements for labelling, management of risk, emergency plans, storage and handling, health monitoring, information provision, exposure standards and use of symbols.Chapter 8: is a chapter specifically on asbestos which covers management of risks, demolition and licensing.Chapter 9: is a specialised chapter dealing with major hazard facilitiesChapter 10: 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.Chapter 11: is another administrative chapter and among other things deals with reviewable decisions and exemptions.
9Some things may appear to be missing Abrasive blastingWeldingGENERALDUTIESLicensing for load shifting equipmentSpray PaintingWHS RegulationsSome construction hazardse.g.: overhead protective structures, structural collapse, lowering of materialsCertificates of competency for pest controllersTrainers Notes: OverviewExplainThere are a number of hazards that were previously regulated that are not specifically mentioned in the new WHS Regulations. These include, for example:Spray-paintingAbrasive blastingElectroplatingWeldingSome construction hazards e.g.: namely overhead protective structures, structural collapse, safe lowering of materialsCertificates of Competency for pest management technician or fumigationLicensing 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.Identification and Management of RiskWhat is reasonably practicable - state of knowledge
10Approved Codes of Practice A practical guide to achieve the standards of health and safety required under the Work Health and Safety (WHS) Act and RegulationsProvide duty holders with guidance on effective ways to manage work health and safety risksWHS RegulationsTrainers Notes: Overview.ExplainCodes of practice play an important role in assisting duty holders to meet the required standard of WHS practices at work. They play an important role in informing duty holders about the “state of knowledge” and industry standards in relation to a particular hazard and must be considered when determining what is “reasonably practicable” to achieve in relation to the control of a particular hazard.The WHS Act allows for codes of practice to be approved by the Minister responsible for work health and safety legislation in each jurisdiction. The responsible Minister can approve, vary or revoke a Code of Practice that has been developed in accordance with the WHS Act.For a code of practice to be approved, varied or revoked it needs to be developed through tripartite consultation with Commonwealth, state and territory governments, unions and employer organisations.The approval, variation or revocation of a code of practice must be published in the government gazette before it takes effect.
11What is the legal effect of Codes of Practice? Admissible in court proceedings under the WHS Act and RegulationsMay be relied on by courts as evidence of what is known about a hazard, risk or control and in determining what is reasonably practicableDesigned to be used in conjunction with the WHS Act and Regulations but do not have the same legal implicationsWHS Act and Regulations may be complied with by following another method if it provides an equivalent or higher standardAn inspector may refer to an approved Code of Practice when issuing an improvement or prohibition noticeWHS RegulationsTrainers Notes: Overview.ExplainWhat is the legal effect of Codes of Practice?Codes of Practice are admissible in court proceedings under the WHS Act and Regulations. A mistake about, or ignorance of, the existence or contents of an approved code of practice is not an excuse and does not affect its admissibility as evidence.Courts may regard a Code of Practice as evidence of what is known about a hazard, risk or control and may rely on the Code of Practice in determining what is reasonably practicable in the circumstances to which the Code of Practice relates.Codes of Practice are designed to be used in conjunction with the WHS Act and Regulations but do not have the same legal implications. A person cannot be prosecuted for failing to comply with a Code of Practice.The WHS Act and Regulations may be complied with by following another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work health and safety than the Code of Practice.
12Codes of Practice PRIORITY CODES How to manage work health safety risksWHS Consultation, Cooperation & CoordinationManaging work environment and facilitiesManaging noise and preventing hearing loss at workHazardous manual tasksConfined spacesHow to prevent falls at workplacesPreparation of safety data sheets for hazardous chemicalsLabelling workplace hazardous chemicalsHow to manage and control asbestos in the workplaceHow to safely remove asbestosWHS RegulationsTrainers Notes: Overview.ExplainThe draft Codes of Practice listed here are considered to be critical to understanding the duties contained in the WHS Act and Regulations. For this reason, these codes have been developed as a priority so they can be considered concurrently with the WHS Regulations.It is intended that these Codes of Practice will be supplemented with additional guidance material for specific industries.Further information:Safe Work Australia
13Second Stage Codes of Practice and Guidance Material First Aid in the WorkplaceDemolition WorkManaging Risks in Construction WorkSpray Painting and Powder CoatingPreventing Falls in Housing ConstructionAbrasive BlastingManaging Electrical Risks at the WorkplaceWelding and Allied ProcessesManaging Risks of Hazardous ChemicalsSafe Access in Tree Trimming and AboricultureManaging Risks of Plant in the WorkplacePreventing and Managing Fatigue in the WorkplaceSafe Design of Building and StructuresPreventing and Responding to Workplace BullyingExcavation WorkWHS RegulationsTrainers Notes: Overview.ExplainA further 15 draft Codes of Practice have now been released.Additional Codes of Practice will be developed to support to implementation of the WHS Regulations in 2012 and will be released for public comment in 2012.Safe Work Australia will continue to provide updates on the development of the Codes and other guidance materials.
14Transitional arrangements and WorkCover NSW Codes Existing NSW Codes of Practice will continue to operate until replaced by national Codes of Practice or guidance materials or revokedWhere NSW has a Code of Practice on issues that are not specifically regulated, these Codes will become guidance material and must be considered when deciding what is “reasonably practicable”WHS RegulationsTrainers Notes: OverviewExplainTransitional arrangements will apply in areas where no national or “model” Code of Practice or guidance material has been developed by the time that the WHS legislation comes into effect on 1st January This means that the existing NSW Codes of Practice will continue to operate until replaced by model Codes of Practice or guidance material (as per schedule 4 of the WHS Act) or unless they are revoked.Where NSW has Codes of Practice on issues that are not specifically regulated these Codes will become guidance material and must be considered by a duty holder when determining what is “reasonably practicable”. This guidance material will continue to be considered by Inspectors and the courts when determining what the duty holder should have known or would be reasonably expected to know about a particular workplace hazard.
15Questions - Please! WHS Regulations Trainers Notes: Overview ASK: Are there any questions?Answer questions of a general nature – remind participants that the detailed information that they need to fully understand the implication of the changes is contained in the specific training modules