APPLICATION OF THE NEW WORK HEALTH AND SAFETY LEGISLATION NSW WHS Regulation 2011

Agenda Path to Harmonisation -recap on key changes Key Areas-WHS Regulation –Representation and participation –General risk and workplace management –Hazardous work –Plant and structures –Hazardous chemicals & Asbestos –Other key areas e.g. construction Reviewing your Safety System

Where are we now? Five jurisdictions have implemented the new laws Commonwealth, QLD, NSW, ACT, NT Tas to commence

WHS Act - Refresher

Duty Holders - Recap PCBU Is the entity that operates the business or undertaking- corporate or natural person Worker PCBUs are not persons employed solely as workers, nor volunteer associations who do not employ anyone.

Duty Holders - Officers Responsibilities Officers Ensure PCBU complies Exercise Due Diligence This is a positive duty allocated to officers in their own right An officer may be found guilty of an offence whether or not the PCBU has been found guilty or convicted of an offence

What is Reasonably Practicable? In WHS Legislation reasonably practicable in relation to a duty to ensure health and safety, means: “ that which is, or was at a particular time reasonably able to be done in relation to ensuring health and safety taking into account and weighing up all relevant matters” Relevant matters include: ―The likelihood of the hazard or risk occurring ―Degree of harm that might result from the hazard or the risk ―What the person concerned knows or ought reasonably to know ―The availability and suitability of controls to eliminate or minimise the risk ―Cost associated with eliminating or minimising the risk

Failing to meet Duties - Penalty Structure

WHS Regulation - Snapshot

Key changes - WHS Regulation  HSRs may now request a review of a control measure.  Risk management- focus is on the safety outcome rather than the process; a written risk assessment may not be required in all situations.  Number and content of first aid kits or number of trained first aid staff is not prescribed.  New requirement to test the emergency plan in line with the issues prescribed in the WHS Regulation  New duty to ensure that the PPE used by others, (such as visitors), is suitable and effective and that such persons use the PPE

Key changes - WHS Regulation  New requirement for audiometric testing for workers who are frequently required to use hearing protection.  Removal of licensing for some classes of equipment  A new class of licence for reach stackers  Definitions and terminology e.g. confined spaces, falls, safety data sheets.  Hazardous Chemicals now classified under the Globally Harmonised Classification System (GHS)

Representation & Participation

Consultation Much broader duties for PCBUs to consult with other duty holders, and workers, including those likely to be affected by their business or undertaking

Health & Safety Representatives: Functions Monitor safety measures Training 3 year term Direct unsafe work to cease Investigate safety issues Issue PINS Represent workers Investigate complaints

Request for HSR’s  Worker of a PCBU can request a HSR to be elected  Negotiation of work groups with the workers must commence within 14 days to decide: ―Number and composition of work groups ―Number of HSR’s or Deputy HSR’s (if any) ―The workplace/s to which work groups apply ―Businesses or undertakings to which work groups apply  HSR is not personally liable for anything done or omitted to be done in good faith

Establishing Work Groups In negotiating work groups matters to be taken into account include:  Number of workers  views of workers in relation to the determination and variations of workgroups;  number and grouping of workers carrying out similar work;  the extent to which workers must move from place to place at work;  the diversity of workers;  the nature of the hazards and risks at workplace;  the nature of engagement e.g. as a contractor;  times at which work is undertaken; and  arrangements for overtime or shift work.

Election of HSR’s, training & removal of HSRs Procedures for election of HSRs ―All workers of the work group must be given an opportunity to nominate and vote in the election. ―The PCBU and workers of the work group must be advised of the election and the results of the election. ―Election process may be informal e.g. show of hands or a more formal process e.g. ballots Removal of a HSR ―The majority of members of a work group may remove a HSR by making a written resolution that the HSR should no longer represent their workgroup. Training for HSRs ―A HSR can request to attend:  an initial 5 day course; and  an annual refresher course.

Health and Safety Committees Health and Safety Committee is to be established within 2 months of being requested by: ―A HSR carrying out work at that workplace ―5 or more workers at that workplace  A PCBU may establish a committee whether it is requested or not  Committee must meet at least once every 3 months  Must have equal or greater number of workers who are not nominated by the PCBU

Functions of Committees  To facilitate co-operation between the PCBU and workers on measures to ensure health and safety at work  Assist in developing standards and procedures for health and safety to be complied with at the workplace Other matters: ―You can have a committee as well as HSR’s ―HSR can be a member on the committee ―It is up to the committee & PCBU to decide on how they operate ―Training of committee members is not mandatory COP: Work health and safety consultation, cooperation and coordination

Issue Resolution under WHS legislation Where an issue resolution procedure is not in place PCBUs to consult, create, communicate and utilise issue resolution procedures Issue resolution process applies to unresolved WHS issues The default procedure of the WHS Regulation is to be used

Issue Resolution Procedure requires: 1.All parties to be informed there is an issue to be resolved and the nature and scope of the issue; 2.The involved parties meet or communicate to resolve the issue; 3.Certain matters to be taken into account –Degree & immediacy of risk to workers –Number & location of workers affected –Measures that must be implemented –Who will be responsible for implementation 4.Any party involved in the issue to be represented or assisted by a nominated person if they choose to do so; 5.The details of the issue and its resolution to be put in writing to the satisfaction of all parties involved in the issue where requested; 6.A copy of the written agreement to be given to: – parties to the issue (e.g. unions, employer organisations); and – if requested, the workplace’s health and safety committee.

What do you need to do?  Establish a consultation arrangement if you do not have one in place  Revise your consultation arrangements in consultation with workers and document this  Include other duty holders such as contractors and labour hire in your consultation process  Cooperate and coordinate activities with other duty holders  Develop/review an issue resolution process and procedure so that it captures all parties COP: Work health and safety consultation, cooperation and coordination Guide: Workers representation and participation

General Risk & Workplace Management  Managing risks  First aid  Emergency plans  Personal protective equipment  Remote or isolated work

PCBU to Manage Risks Managing risks to health and safety requires you to: ―Identify reasonably foreseeable hazards ―Eliminate risks and if not reasonably practicable minimise risks ―Minimise risks by using the hierarchy of control measures ―Maintain and review risk control measures  Risk assessment not mandatory except for prescribed activities e.g. entering confined spaces  HSRs can request a review of a control measure in certain circumstances

Managing Risks Flowchart Identify Hazards that are a potential risk to health and safety Eliminate risk Minimise risk Maintain controls Review controls As far as is reasonably practicable Consultation

Cost Reasonably Practicable - relevant matters include: Reasonably Practicable Degree of harm State of knowledge Availability & suitability of controls Likelihood

Highest Level of Protection Lowest Level of Protection Hierarchy of control measures Where elimination is not reasonably practicable, risks are to be minimised using controls in the following order

Duty to maintain and review A duty holder must ensure an implemented control measure is maintained by ensuring it is ―Fit for purpose ―Suitable for the nature and duration of work and ―Installed, set up and used correctly A duty holder is required to review and, as necessary revise control measures when: ―A risk control measure fails to control the risk (e.g. as determined by monitoring or a notifiable incident occurs); ―A change in the workplace or work systems occurs that is likely to give rise to a new or different risk; ―Consultation indicates a review is required; or ―A HSR requests a review

First Aid  The PCBU must provide for first aid including: ―First aid equipment and access to the equipment ―Facilities for first aid administration ―Adequate number of workers trained in first aid ―Access to adequate number of trained others to provide first aid  First aid kit type and content and content of first aid facilities is no longer specified in the WHS Regulation  Factors to consider when assessing first aid requirements: ―Nature of the work ―Nature of workplace hazards ―Size and location of workplace/s ―Number and composition of workers and others

Short case study – First Aid Case 1Issues to consider A small business employs 20 people. The injury register shows lacerations and burns are the most frequently recorded injury. The previous NSW Regulation mandated number of first aiders, kit numbers and contents. This was not continued in the new WHS regulation. What First Aid arrangements are likely to be adequate? What is the size and layout of the workplace? Is the workplace in close proximity to medical services or hospitals? Do any workers work off site? Suggested Measures An assessment should be undertaken If the workplace is compact then kits can be located in the main operating areas If already complying with the previous NSW Regulation, a kit, suitably stocked and a trained first aider should already been in place. Arrangements for off site workers and an additional burns module for the kit may be required

Emergency plans Plans must include emergency procedures covering: emergency response evacuation early notification to emergency services medical treatment and assistance effective communication between the PCBU’s emergency co-ordinator and all persons Plans must include emergency procedures covering: emergency response evacuation early notification to emergency services medical treatment and assistance effective communication between the PCBU’s emergency co-ordinator and all persons PCBU must prepare, maintain and implement an Emergency Plan Testing of procedures Provide, information, training and instruction to workers in emergency procedures Factors to consider: Nature of the work Nature of workplace hazards Size and location Number and composition of workers and others

Put your Co. Logo Here Personal Protective Equipment If PPE is provided to minimise a risk the PCBU who directs the carrying out of work must ensure that PPE provided is: ―Appropriate to the activity and hazard ―A suitable size and fit ―Maintained, repaired and replaced as required ―Used or worn by the worker  Workers must be informed and trained on PPE use  Duty to provide PPE to others (such as visitors), and ensure that it is suitable and effective and that such persons use the PPE

Put your Co. Logo Here Remote or isolated work  PCBU’s must manage risks to the health and safety of a worker associated with remote or isolated work ―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 work e.g. regional sales drivers ―Assistance includes rescue, medical assistance and the attendance of emergency service workers  PCBU’s must provide a system of work that includes effective communication with the worker. This could include: ―Personal security systems, radio or satellite communications, distress beacons ―Procedures for regular contact with the worker, emergency communication plan

Case Study Scenario: “A small business employs 20 people. They are distributors of toys and in peak periods such as Christmas they engage labour hire workers to drive forklifts and work in the pick and pack section. The labour hire agency has informed the host employer that they must supply all the necessary PPE and clothing. The small business is concerned re the increased cost, especially for safety boots. Can they request that the labour hire agency provide their own safety shoes/boots? “ Issues to consider: 1.Who are the duty holders? 2.Do they have different duties? 3.Are there overlapping WHS duties for duty holders? 4.Can the business ask the labour hire agency to provide the safety boots? 5.Can the labour hire agency ask workers to provide their own safety boots? 6.What would the alternatives be to providing PPE?

PPE - Case Study What does the legislation say? ―PCBU who directs the carrying out of work must provide the PPE at the workplace, unless the PPE has been provided by another PCBU e.g. labour hire agency ―More than 1 duty holder may have the same duty. Where this is the case all duty holders must consult, cooperate and coordinate in respect to the same matter ―PCBU must not impose a levy or charge on a worker for anything done or provided in relation to work health and safety ―PPE provided must be suitable to the nature of the work and hazard, suitable size and fit, comfortable, maintained and used by the worker

Cost Applying Reasonably Practicable Reasonably Practicable Degree of harm State of knowledge Availability & suitability of controls Likelihood Foot injuries: Crush Lacerations Broken bones Amputation Likely: Risk of injury Peak period-high staff turnover High traffic area New workers-training Appropriateness of PPE Redesign of work area/warehouse Separate workers and forklifts Implement a traffic management plan Safety boots Overboots, foot guards Length of time PCBU has operated in this industry Knowledge of types of foot injuries from forklifts, heavy stock PPE is least effective on hierarchy of controls WHS legislation, COP’s, guides re requirements Cost of redesign may be disproportionate to the risk

PPE – Case Study Suggested conclusions: ―Both labour hire agency and small business are PCBU’s, so consult with labour hire agency in relation to who will provide the PPE and the standards it must meet ―Negotiate an arrangement that the labour hire provide some PPE and document this in a contract/commercial arrangement which outlines clearly who is responsible for provision of PPE ―Remove need for PPE by eliminating the hazard if possible e.g. redesign warehouse/work area, separate forklifts and worker/pedestrian/s, traffic management plans ―Choose an alternative labour hire supplier/agency Enforcement measures could apply to both PCBU’s in the event of a breach

What do you need to do?  Review risk procedures to incorporate the qualifier so far as is reasonably practicable  Continue to assess risks to promote best practice and assist in demonstrating so far as is reasonably practicable  Assess your first aid requirements to ensure first aid measures are suitable to the work that is conducted  Review/develop emergency plans and test the plans to ensure their effectiveness and schedule training for workers  Identify others e.g. visitors, customers in the workplace who may be required to wear PPE to minimise risks to their health and safety  Identify workers who perform remote/isolated work and develop a communication plan that incorporates emergency requirements  Transitional arrangements until 1 Jan 2013 for development of emergency plans and remote work COP: How to manage work health and safety risks, First aid in the workplace, Managing the work environment and facilities

Time for a quick 10 minute break 39

Hazardous Work

Hazardous Work Includes:  Noise - exposure to noise above the exposure standard  Hazardous Manual Tasks - previously referred to as manual handling  Confined Spaces – key changes in definitions and requirements  Falls - the hierarchy of controls and record keeping requirements are specified.  High risk work-requiring licences  Demolition Work- certain work must be notified to WorkCover  Electrical safety-definitions and use of residual current devices  Diving Work- new provisions to NSW regulation COP: Managing Noise and Preventing Hearing Loss at Work Hazardous Manual Tasks, Confined Spaces Managing the risk of falls at Workplaces

A PCBU must ensure that a worker is not exposed to noise that exceeds the exposure standard (unchanged):  the equivalent of 8 hours continuous exposure to 85dB(A); or  a peak of 140dB(C) A PCBU must implement control measures as per general risk management requirements. Where a worker is frequently required to wear PPE, the PCBU must now provide audiometric testing for the worker:  within 3 months of the start of work;  in any event at least every two years. Noise

Confined Spaces Changes from current NSW OHS legislation include:  Requirements for review of the risk assessment by a competent person and at the request of the HSR;  Signage - to be erected immediately before work commences and while the work is being carried out. The signage must identify that it is a confined space; entry is not permitted without a permit; and be clear and prominently located next to each entry to the confined space;  Communication – continuous communication with the worker from outside the confined space;  Monitoring of conditions to be made by the stand-by person, and if practicable, while observing the work;  Record of training provided kept for 2 years

Confined Spaces - Record Keeping  Record keeping - risk assessments must be kept for at least 28 days after the work to which they relate finishes,  Entry permits must be retained for the duration of the work;  Both risk assessments and entry permits must be retained for at least 2 years if a notifiable incident occurs during the work; and  Training records must be kept for 2 years.

PCBU must manage the risk of falls which is:  A situation that exposes a worker while at work, or another person at or near the workplace, to a risk of a fall from one level to another that is ‘reasonably likely’ to cause injury. This includes risk of a fall: ―In or on an elevated workplace from which a person could fall ―In the vicinity of an opening through which a person could fall ―In the vicinity of an edge over which a person could fall ―On a surface through which a person could fall or ―In any other place from which a person could fall Duties  A PCBU is required to identify all fall hazards associated with the business or undertaking. Falls

 A PCBU must ensure that, as far as reasonably practicable, work involving the risk of a fall is carried out on the ground or on solid construction.  If it is not reasonably practicable to eliminate the risk of a fall, the PCBU must provide adequate protection against the risk of a fall, by providing safe systems of work including (in descending order): 1.Use of a fall prevention device (e.g. guard rails, scaffolding); or 2.Use of a work positioning system (e.g. rope access systems); or 3.Use of a fall arrest system (e.g. harness, safety nets) if 1 and 2 are not reasonably practicable. The use of these controls should include training, procedures, permit systems and signage as required. If a fall arrest system is used emergency and rescue procedures must be established Falls - risk control measures

High risk work is any work that is in the scope of a high risk licence (based on the national standard) and includes:  Scaffolding work  Dogging and rigging  Crane and hoist operation (concrete placing booms have been added to meet cross border requirements)  Reach stackers (a new class)  Forklifts  Pressure operating equipment Plant no longer requiring a licence includes:  Front end loaders;  Front end loader backhoes;  Front end loader skid steer and  Excavators. High Risk Work WHS Regulation: Schedule 3 & 4

Licensing of high risk work

There are no longer specific provisions under the regulation for:  Abrasive blasting (covered in relation to restricted use of chemicals)  Electroplating  Spray painting  Welding and UV radiation  Molten metal Now captured by the general duties of PCBUs to control risk by eliminating, or if not possible, minimising those risks, as far as reasonably practicable. Note: Long distance truck driver fatigue is also no longer specifically covered under the WHS Regulation. High Risk Work

New definitions in the WHS Regulation include those for: ―Electrical equipment is defined generally but does not include vehicles ―Electrical installations is a group of electrical equipment permanently connected (not plug and socket connection) ―Electrical work covers the work done by licenced people and not tasks such as connecting a flexible cord plug and socket outlet  There are a variety of low risk activities that are not included in electrical work e.g. replacing a fuse or light bulb  Need to ensure that the task can be safely performed by the person who does not have expertise in carrying out electrical work Electrical Work

 A PCBU is required to regularly have electrical equipment inspected and tested by a competent person if: ―supplied with electricity through an electrical socket and ―the equipment is exposed to conditions that are likely to cause damage or a reduction in its expected life span, including exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.  Records of this testing can be in the form of a tag attached to the electrical equipment tested.  Equipment that requires testing and is not tested, is not to be used. Testing of electrical equipment

Residual Current Devices  Residual Current Device (RCD) must be used if supplying electricity to equipment through a socket outlet in a hostile environment where electrical equipment: ―is exposed to conditions that can cause damage or reduce its normal life span e.g. moisture, heat, vibration, mechanical damage, corrosive chemicals or dust; ―is moved between locations where damage to equipment or a flexible supply cord is reasonably likely; ―is frequently moved during its normal use; ―forms part of, or is used in connection with, an amusement device.  RCDs are to be tested regularly and records kept (except daily checks) until the device is next tested or is permanently removed from use.

What do you need to do?  Identify if you conduct any hazardous work in your business and review your risk assessments to include the key changes  Review the WHS Regulation, codes of practices and guides which relate to these hazardous work activities  Conduct a noise survey to identify the level of exposure to noise  Revise your definitions for confined spaces, electrical work, installations and equipment  Upgrade your socket outlets in a hostile environment to be protected by a RCD by 1st Jan 2013  Audiometric testing of workers must be undertaken by 1st Jan 2014 COP: Managing Noise and Preventing Hearing Loss at Work, Managing electrical risks at the workplace, Confined Spaces, Managing the risk of falls at Workplaces

Plant & Structures

 The definitions of plant/structures and supply ―A structure is defined and incorporated with plant duties ―Supply includes hire and leasing of plant  Specific duties for hirers and leasers have been removed - hirers/leasers need to comply with the duties of suppliers.  Inclusion of specific plant into the chapter e.g. scaffolds  Removal of references to Australian Standards for some plant e.g. pressure equipment  No mandated risk assessment requirement in managing the risks of plant and structures. Key changes for plant

PCBU duties regarding plant A PCBU with management or control of plant has duties to ensure: ―Risks are managed as per general risk management requirements- no mandated risk assessment ―Unauthorised interference with or alteration to plant is prevented; ―Plant is only used for its intended purpose; ―Risk associated with proposed use is assessed by a competent person; ―Safety features and warning devices are used; ―Plant does not create a risk to health and safety when not in use; ―Maintenance, inspection, repair and testing is only carried out by a competent person; and ―Guards, emergency stops and warning devices are in place and operational.

 Suppliers of plant (includes hirers and leasers): ―obtain information about the plant from the manufacturer; ―provide this information to the person who is supplied the plant.  Suppliers of second hand plant are now required to: ―identify any faults in the plant; ―provide information in writing to the person who is supplied the plant about: o the condition of the plant; o any identified faults; o notice that the plant should not be used until faults have been fixed (if necessary). Supplier duties regarding plant

 Reference to Australian Standards have been removed for some plant e.g. pressure equipment, earth moving machinery, tractors  New requirements for industrial robots, lasers, lift trucks, powered mobile plant, registered plant, example: ―Lift trucks: requirements for barriers and safe working load signage to be in place. ―Powered mobile plant: required to manage the risk of plant colliding with a person or other object, and the risk of fluid release from failure of pressurised components (e.g. hydraulic lines). ―Registration of certain items of plant every 5 years rather than annually  A number of plant items have been consolidated under Chapter 5 plant & structures, WHS Regulation e.g. scaffolds, laser moved from construction to plant chapter. Duties for control/management of specific plant

What do you need to do?  Identify specific plant you use where requirements have changed e.g. lasers, lift trucks and update safe operating procedures  Review in more detail the requirements in the WHS Regulation if you are a supplier of second hand plant  Document the change for plant registration to every 5 years in your maintenance and inspection schedule. COP: How to manage the risks of plant in the workplace Safe design of buildings and structures

Hazardous Chemicals & Asbestos

Hazardous Chemicals - Classification - Classification of hazardous substances is now based on the international GHS* published by the United Nations and includes hazardous chemicals and dangerous goods. Substances now exempt from the requirements of WHS Regulation include:  Hazardous chemicals in batteries that are incorporated in plant;  Fuel, oils and coolants fitted in equipment intended for its operation;  Fuel contained in a portable fuel burning item not exceeding 25 litres or 25 kgs;  Hazardous chemicals in portable firefighting or medical equipment;  Hazardous chemicals that are part of freight refrigeration systems; and  Potable liquids that are consumer products at retail outlets. * GHS - Globally Harmonised System of Classification and Labelling of Chemicals

Hazardous Chemicals Information Hazardous Chemical Register  Safety Data Sheets are to be included and the hazardous chemicals register maintained;  A notation in the register is no longer necessary when a risk assessment for a hazardous chemical is not required.  Notification of schedule 11 hazardous chemicals only when they exceed manifest quantities and thereafter when there is a significant change in risk Safety Data Sheets (previously referred to as MSDS) –Content is now prescribed in the WHS Regulation, not a COP Labelling  Specific requirements exist for general, small containers, waste products, etc. (WHS Regs, Schedule 9: Part 3);  Decanted substances must now be labeled if not to be used immediately (previously within 12 hours) or if given to someone else;  Requires product identifier, Australian contacts and a hazard pictogram or hazard statement (new wording) and chemical expiry date.

Hazardous Chemicals - controlling & reviewing risks Factors to consider in managing risks Circumstances requiring review of control measures  Hazardous properties  Risk of a physical or chemical reaction  The nature of work to be carried out  Structure, plant or systems of work: used in the use, handling, generation or storage; or That could interact with hazardous chemicals  Potential fire and ignition sources (Part 3.2 Clause 52)  Any change in the SDS or Hazardous Chemicals Register  Health monitoring where there are: results indicating raised levels disease, injury or illness associated with the hazardous chemical recommendations for remedial actions  Exposure standards have been exceeded  At least every five (5) years WHS Regulation now specify factors to consider when assessing/managing risks and when risks are to be reviewed.

Asbestos - Changes in terminology ACM Asbestos Containing Material (previously called Bonded Asbestos Material); ACD Asbestos Contaminated Dust or debris (ACD) means a dust or debris that has settled within a workplace and is assumed to be contaminated with asbestos; Asbestos Register  is now required to include ACM; and  must state where there is no asbestos or ACM at the workplace Asbestos Management Plan is to be developed if asbestos or ACM is identified at a workplace

Asbestos - Key Requirements An Asbestos Register and Asbestos Management Plan (AMP) are to be established and maintained by the relevant PCBU for a workplace. (except buildings constructed after 31 December 2003 and no asbestos has been identified and no asbestos is likely to be present). The Asbestos Management Plan (AMP) is to be reviewed if:  the register is revised;  the asbestos is disturbed in some way;  the AMP is no longer adequate;  if requested by the HSR for any of the above reasons; or  at least every 5 years. The Asbestos Register and AMP are to be:  made accessible to workers or their HSR and relevant others; and  reviewed as required in the WHS Regulation.

What do you need to do?  Include dangerous goods into your hazardous chemicals register if not done so already  Obtain revised material safety data sheets for you hazardous chemicals in the new safety data sheet format  Cooperate and coordinate activities with other duty holders such as suppliers re correct labelling and updated material safety data sheets  Manufacturers and importers of hazardous chemicals will need to re- classify their products, re-label them and prepare new safety data sheets  Develop an asbestos register and asbestos management plan as required  Transition to new arrangements by 1st January 2017 COP: How to manage risks of hazardous chemicals, Labelling of workplace hazards chemicals, Preparation of safety data sheets for hazardous chemicals, How to manage and control asbestos in the workplace, How to safely remove asbestos

Other key areas

Construction work Construction work is any work relating to the construction, alteration, conversion, fit-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure. High risk construction work can include work such as:  Where a person can fall more than two (2) metres;  Where there is the risk of disturbing asbestos;  In or near a confined space;  In or near excavations or trenches;  Carried out near roads or railways. SWMS are only required for high risk construction work, SWMS must be prepared by the PCBU before work commences

Incident Notification PCBU’s have a duty to notify WorkCover of notifiable incidents immediately they become aware of the incident Notifiable incidents means:  Death of a person  Serious injury or illness  Dangerous incident That involves any person - workers or otherwise e.g. contractors Notification is by the fastest possible means which is by phoning WorkCover on Incident site is to be preserved until a WorkCover inspector directs otherwise Record of notifiable incidents are to be kept for 5 years Notification of an incident is separate to lodging a claim for workers compensation Guide: Guide to work health and safety incident notification

Approved Codes of Practice

What is the legal effect of Codes of Practice?

Codes of Practice PRIORITY CODES How to manage work health safety risks WHS Consultation, Cooperation & Coordination Managing work environment and facilities Managing noise and preventing hearing loss at work Hazardous manual tasks Confined spaces How to prevent falls at workplaces Preparation of safety data sheets for hazardous chemicals Labelling workplace hazardous chemicals How to manage and control asbestos in the workplace How to safely remove asbestos

First Aid in the WorkplaceDemolition Work Managing Risks in Construction Work Spray Painting and Powder Coating Preventing Falls in Housing Construction Abrasive Blasting Managing Electrical Risks at the Workplace Welding and Allied Processes Managing Risks of Hazardous Chemicals Safe Access in Tree Trimming and Arboriculture Managing Risks of Plant in the Workplace Preventing and Managing Fatigue in the Workplace Safe Design of Building and Structures Preventing and Responding to Workplace Bullying Excavation Work Second Stage Codes of Practice and Guidance Material

Transitional arrangements and WorkCover NSW Codes

Getting up to date

Reviewing your safety system Identify who the officers are in your organisation that their responsibilities are addressed and due diligence can be demonstrated Audit your current Safety Management System to identify any gaps in meeting the requirements of the new legislation Think about the WHS issues you will need to coordinate with other PCBUs such as contractors, suppliers and how to manage them

Reviewing your safety system Obtain advice from you industry association, business chamber, WHS specialist, or lawyer to access specific information for your industry and work health and safety risks Keep up to date with the new codes of practice, resources and articles that are available to assist in managing your risks Develop an action plan of tasks you need to do to meet the new work health and safety requirements

Education Program Evaluation Please take a few minutes to complete the second part of the knowledge questionnaire in your packs-post knowledge review questionnaire Additional information is available from the fact sheets within your pack and NSW Business Chamber website at Further information contact the OHS Unit on

Assistance

Where to go for more information? NSW Business Chamber –Additional information is available from the fact sheets within your pack –Business hotline Safe Work Australia –Model legislation, codes of practice and guides –Interpretative guidelines –Fact sheets –Volunteer hotline WorkCover NSW –Legislation, publications, guides, fact sheets –Information sessions, webinars –Workplace advisory visits

OHS Consulting  OHS Diagnostic Audits against the new WHS legislation  Review or documentation/manuals to reflect the new changes  Onsite customised training courses for Officers, Managers, Workers Workers Compensation Assistance  Classification; Premium issues; Claims issues; Injury Management Training – Onsite & Public Courses  Customised training  WHS Legislation Courses  HSR Training  Certificate IV & Diploma in OH&S OHS Unit

Legal Assistance Australian Business Lawyers & Advisors One of Australia’s top workplace law firms – Experienced and diversified in business needs OHS – Defence, Investigations Employment Law – Unfair dismissals, Enforcement of restraints, Contracts Industrial Relations – Enterprise bargaining, Industrial disputes, Planning Human Resource Management - Systems, Recruitment, Performance, Discrimination – Advice & Representation, Implementation Training - Employment Law, IR Law, Discrimination Law, EEO, OHS Corporate; Commercial; Business Advisory; Intellectual Property; Dispute Resolution; Communications, Media & Technology; Trade Practices; Governance & Regulatory Compliance

Thank You