2 Occupational health and safety legislation Each state/territory has OHS legislation that is usuallypresented in three partsThe Act- this outlines the general requirementsRegulations- These set out legal requirements. Regulations are mandatory, meaning that the employer and employee abide by them.Approved codes of practice- These provide information on minimum standards and guidance on how standards can be met.All workplaces must comply with OHS Act2
3 Occupational health and safety legislation Duty of CareOne of the aims of OHS legislation is for employees and employers to work together to maintain a safe workplaceA general duty of care is placed on every one in the workplace. This general duty of care states the particular responsibilities of employers and employees and other people in the work environmentBoth the employer and employees are responsible for implementing safe workplace practices3
4 Employer’s responsibility All employers are required under OHS legislation to ensure the health and safety of their employees.Employers must ensure that health, safety and welfare of their employees when at work by:Maintaining places of work under their control in a safe condition, and ensuring safe entrances and exitsMaking arrangements for ensuring the safe use, handling, storage and transport of plant and substancesThe employer must not knowingly endanger employees by not providing a safe workplace and not acting to eliminate or reduce hazards as they arise.For example:A frayed electrical cordA trip hazard created by a movement of crack in pavingLighting that flickers or doesn’t workPoor storage that may create a risk in relation to access, tripping, object falling etc.4
5 Employer’s responsibility Providing and maintaining systems of work , and providing environments that are safe and without risk to healthProviding information, instruction, training and supervision necessary to ensure the health and safety of employeesProviding adequate facilities for the welfare of employeesWorkplace training, instruction and having in place policies and procedures will help to minimise OHS risks and workplace injury5
6 Employee’s responsibility Employees also have a responsibility to act in a safe manner and follow lawful instructionsEmployees must take reasonable care of the health and safety of themselves and others.Employees must cooperate with employers in their efforts to comply with Occupational health and safety requirementsEmployees must comply at all times with legal instruction in relation to OHSFor examplewearing protective clothing such as enclosed shoes, hat, etc.Using protective strategies such as disposable glovesFollowing written procedures – for example nappy change6
7 Employee’s responsibility Employees must not:Interfere with or misuse things provided for the health, safety or welfare of persons at workObstruct attempts to give aid or attempts to prevent a serious risk to health and safety of a person at workRefuse a reasonable request to assist in giving aid or preventing a risk to health and safetyDisrupt a workplace by creating health or safety fears7
8 Documentation OHS policies and procedures have been written Hazards are being identified and assessed and control measures have been put in place to eliminate or reduce the risksTraining in safe operating procedures is conductedEach service will have in place a range of policies and procedures in relation to OHS. Policies must be easy to read and interpret.Policies may include:manual handlingaccidental injurywork-related illnessprotective behaviourscross-infection control professional development and supervisionstress managementconflict resolutionprotective clothing and footwearsun protectioncomplaints procedure8
9 DocumentationEmployers are expected to provide documented evidence that demonstrates:Accidents and incidents are recorded and acted uponAdequate training, first aid supplies and personalprotective equipment are providedConsultation mechanisms are in placeAll records are adequately maintainedExamples:Accident report formNear miss report formRecord of equipment in need of repairInstruction on evacuationInstruction on using fire extinguishersInstruction on use of office equipment/laundry and kitchen equipmentManual handling & backcare training9
10 Principles of Risk Management Identify the hazard Assess the risk of each hazardControl or manage the riskMonitor and improve safetyCommon Hazards in Children’s ServicesThe following list identifies some of the common OHS hazards in children’s services.cross-infection and infectious diseasesbuildings and equipment – including how storage is accessedinadequate space for carrying out routine tasks, setting up of activities, or storage of equipment and resourcesstorage, access, and use of poisons/chemicalsuse of electrical appliances and access to power points by childrenfood preparation and storageenvironmental factors such as ventilation, shade, noiseunexpected emergenciesinadequate evacuation plan and inadequate exitsinadequate fire equipment and training in use of fire equipmentkeeping and care of petsinadequate supervision of childrendevelopmentally inappropriate activities and programs for childrenmanual lifting of heavy and cumbersome equipmentnon-compliance with staff:child ratios.10
11 Identify the hazardChecklists are an effective way to identify hazardsWhen designing a checklist you need to consider :What are the tasks?How are the tasks performed? What are the potential risks?Have injuries occurred when performing this tasks?Have there been any near misses?
12 Sample checklist Can you design a checklist that could be used for: an outdoor storage areaa staff room that is also a lunch room with a sink, kettle µwavesecurity for staff on late shift who may lock up & leaveafter dark
13 Assess the riskThe level of ‘risk’ involved is assessed by considering:the consequences or possible severity of injury – for example, would it require first aid, a week off work or lead to permanent incapacity?the probability of injury – how likely is it that someone could be injured – for example ‘highly likely’ or ‘not likely’?
14 Probability/Consequence Has happened or near miss has occurredConceivable could happenUnlikely to happenFatality or disabling injury or illnessHighMediumHospitalisation Medical treatment by doctorLowFirst Aid treatmentThe next step is to conduct a risk assessment to measure the likelihood of someone being injured and how serious the injury could be. The level of ‘risk’ involved is assessed by considering:the consequences or possible severity of injury – for example, would it require first aid, a week off work or lead to permanent incapacity?For example what might be the consequences of not wearing gloves when dealing with body fluids? (at risk serious infection such as Hep. B or HIVthe probability of injury – how likely is it that someone could be injured – for example ‘highly likely’ or ‘not likely’?For example what might be the probability of injury/illness if gloves are not worn? (prob. is low –medium )14
15 Hierarchy of control Can you eliminate the hazard? Can you substitute something else for the hazard?Can you isolate the hazard or remove the person from the risk?The most effective control is eliminating the risk and the least effective is providing personal protection.ExampleOutdoor store rooms in children’s services are usually not well designed for the storage of large bulky items, wooden planks, trikes and sand toys etc.Access is usually poor and there is a high risk of serious injury.Should we have national design standards for outdoor storage space?15
16 Hierarchy of controlCan changing the design of furniture or using equipment reduce or eliminate the risk?Can the work practice be changed or could the person be trained to avoid the risk, e.g. manual handlingProvide the person with personal protective equipment (PPE).
17 Control or manage the risk To control or manage the risk:Put in place policies and proceduresPut in place step-by-step instructionsReduce the frequency of the task (eg enter outdoor storage once for setup & once for packing away)Provide trainingUse signage as a reminderRegularly discuss OHS
18 Controlling the risk: safe work practices HandWashingInfection ControlUniversalPrecautionsCleaning andDisinfectingRespondingToIllnessesImmunisationA range of practical strategies can be put in place in children’s services to control risksHand WashingInfection ControlUniversal PrecautionsCleaning and DisinfectingResponding to Illnesses18
19 Reporting and documentation OHS legislation requires all workplace injuriesand near misses to be properly and accuratelyrecorded.In the event of serious injury a written report isessential to protect the rights of both theemployer and the employee.Written reports protect both the employer and the employee and can be used as a tool to improve workplace safety.19
20 Reporting and documentation An accident report should include the following details:name of person injuredaddress of person injuredage and sex of person injuredoccupation of person injureddate and time injury occurredtype of injury sustainedbody part injuredhow injury occurredactivity being conducted at the time of the injuryuse of safety equipment at time of injurylost time resulting from the injurytreatment administeredDetails records of accidents/ injuries and how staff responded can also be used as a tool to review OHS procedures20
21 Reporting and documentation A near miss report should include the following information:Date and time & location of near missWho was involvedThe activity being conducted at the time of the near missHow the near miss occurredWhat immediate action was taken.Documentation can be used for quality improvement . This is particularly so for records of near misses – if the a near miss regularly reoccurs it is a red flag for action to address the problem21
22 Remember, workplace safety is everyone’s responsibility The cycle of risk management is continuous and must be a daily habit for all employees.22