Workplace Essentials 2014 WHS Essentials – Work Safe

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Presentation transcript:

Workplace Essentials 2014 WHS Essentials – Work Safe Workplace Essentials 2014 WHS Essentials – Work Safe. Home Safe WorkCover Essentials Live Well Farm Well Superannuation The strongest message is about why you need to be safe at work …. Home, family, loved ones, life

Work Safe. Home Safe The reason to be safe at work, is sometimes not about work at all…. The strongest message is about why you need to be safe at work …. Home, family, loved ones, life

Fatalities on Farm – Startling Stats From 1 July 2003 to 30 June 2011, 356 agriculture workers died while working on a farming property Australia wide This represents 17% of all worker fatalities. Nearly one-third of the worker fatalities on farms were workers aged 65 years or over. 93 workers (26%) died in incidents involving a tractor, 48 (13%) in aircraft incidents, 28 in incidents involving a car or utility and 27 (8%) in incidents with quad bikes. 93 tractor-related fatalities equates to 11 workers being killed each year (compared to 25 in 1989-92) Over the eight years from 1 July 2003 to 30 June 2011, 356 workers died while working on a farming property. This is 17% of all worker fatalities. Nearly one-third of the worker fatalities on farms were workers aged 65 years or over. But 25 in 1989-92!!!!

Ag sector workers’ compensation claims: proportion and incidence rate by sector and year Industry Sector 2008-09 2009-10 2010-11 Total Number of claims Grain, sheep, beef 33% 36% 37% 35% Horticulture and fruit growing 34% Other livestock farming 11% 12% Dairy Cattle 6% Other crop growing 7% Poultry 5% Total Agriculture 100% This specific part of the new laws requires duty-holders (can include workers) to manage risks to health and safety by identifying all reasonably foreseeable hazards, applying a control measure that is reasonably practicable after working through a hierarchy of risk control measures, and then maintaining and reviewing these risk control measures. You should also refer to the relevant COP - How to Manage Work Health and Safety Risks Code of Practice 2011 You should also refer to the SWA guide on Work Health and Safety Consultation, Co-operation and Co-ordination, which is included in your resource pack

Workplace Injuries – the real cost to business A farmhand fractured his clavicle and fractured three ribs when thrown from motorbike TOTAL Cost to Employer: $21,725 Incident costs – transport and lost productivity of worker Investigation costs – time taken to investigate injury, and complete paperwork Damage costs – replace motorbike, fence to avoid repeat Replacement worker and training time Productivity costs – lost productivity Took 30 days of trading to recover incident cost Increase to WorkCover premiums FACT SHEET IN KIT

WHS Compliance WHS Act Duties of parties WHS Regulations Procedural/Admin matters How duties are met Codes of practice Practical guides to achieving the standards required under the Act & Regs Tell audience - this diagram is on page 6 of the rural guide The purpose of including this diagram is to show how the laws, codes of practice & guidance material operate together Act – sets out duties of workplace parties Regs – addresses procedural matters and administrative matters under the Act – the “how to dos” Codes of practice - practical guides to achieving the standards of health and safety required under the Act and Regs. COPs are admissible as evidence in court proceedings – e.g. it will be favourable to your case if you can show the court you followed the relevant code of practice Fact sheets & other guidance material WHSQ, WorkSafe Australia, Growcom

So…… Managing risks to H&S Employers must: identify all reasonably foreseeable hazards, Conduct risk assessment apply a control measure that is reasonably practicable after working through a hierarchy of risk control measures, and then maintain and review these risk control measures Code of Practice (included in kit) How to Manage Work Health and Safety Risks This specific part of the new laws requires duty-holders (can include workers) to manage risks to health and safety by identifying all reasonably foreseeable hazards, applying a control measure that is reasonably practicable after working through a hierarchy of risk control measures, and then maintaining and reviewing these risk control measures. You should also refer to the relevant COP - How to Manage Work Health and Safety Risks Code of Practice 2011 You should also refer to the SWA guide on Work Health and Safety Consultation, Co-operation and Co-ordination, which is included in your resource pack

Principle of “reasonable practicability” There are two elements to what is ‘reasonably practicable”: A duty-holder must first consider what can be done - that is, what is possible in the circumstances for ensuring health and safety. They must then consider whether it is reasonable, in the circumstances to do all that is possible A duty-holder must meet the standard of behaviour expected of a reasonable person in the same position and who is required to comply with the same duty. Page 3 to 5 of your guide contains a summary of new requirements relevant to the Rural industry, as well as a list of definitions. Some new parts may not apply to Hort businesses – e.g. Hazardous chemicals – notification of manifest quantities, (p.5). This part of the guide also outlines the guiding principle of the WHS laws – Reasonable practicability - what could reasonably be done at a particular time to ensure health and safety measures were in place. There’s also an obligation on company directors to show due diligence – update their knowledge in H&S matters and understand the business operations and associated risks and hazards. Definition of ‘worker’ now includes contractors, volunteers (definition at p.3) The term PCBU is used throughout the laws (definition at p3) New provisions under the Regulations – READ FROM SLIDE

Hierarchy of Risk Control When considering the control measure, use the Hierarchy of Risk Control Level 1 Eliminate the hazard? Level 2 Substitute with something safer? Isolate hazard from people? Reduce risks through engineering controls? Level 3 Use administrative measures to reduce hazard? Use PPE - as a last resort How to manage Work, Health and Safety Risks Code of Practice 2011 9

Employers to demonstrate due diligence Acquiring knowledge of health and safety issues Understanding operations and associated hazards and risks Ensuring that appropriate resources and processes are used to eliminate or minimise risks to health and safety Implementing processes for receiving and responding to information about incidents, hazards and risks Establishing and maintaining compliance processes Verifying the provision and use of the resources mentioned in 1-5. Acquiring knowledge of health and safety issues This can be met by: acquiring up-to-date knowledge of the WHS Act 2011, regulations and codes of practice investigating current industry issues through conferences, seminars, information and awareness sessions, industry groups, newsletters acquiring up-to-date knowledge of work health and safety management principles and practices ensuring that work health and safety matters are considered at each corporation, club or association board meeting. Understanding operations and associated hazards and risks This can be met by: developing a plan of the operation that identifies hazards in core activities ensuring that information is readily available to other officers and workers about procedures to ensure the safety of specific operations that pose health and safety risks in the workplace continuously improving the safety management system. Ensuring that appropriate resources and processes are used to eliminate or minimise risks to health and safety This can be met by: establishing/maintaining safe methods of work implementing a safety management system recruiting personnel with appropriate skills, including safety personnel ensuring staffing levels are adequate for safety in operations giving safety personnel access to decision makers for urgent issues maintaining/upgrading infrastructure. Implementing processes for receiving and responding to information about incidents, hazards and risks This can be met by: employing a risk management process having efficient, timely reporting systems empowering workers to cease unsafe work and request better resources establishing processes for considering/ responding to information about incidents, hazards and risks in a timely fashion measuring against positive performance indicators to identify deficiencies (e.g. percentage of issues actioned within agreed timeframe). Establishing and maintaining compliance processes This can be met by: undertaking a legal compliance audit of policies, procedures and practices testing policies, procedures and practices to verify compliance with safety management planning. Verifying the provision and use of the resources mentioned in 1-5. Officers will need to ensure there is a system in place that records and provides evidence of the matters mentioned in 1-5.

Key Messages / Actions Business Owners Strong management commitment to a safety culture where workers see their employer is committed to their health and safety - live it and demonstrate your commitment daily Include WHS in all aspects of organisational planning – not as an add-on or afterthought Success depends on strong relationships between owners, managers, supervisors and staff Support training and development of managers and staff Ensure you meet your duty of care to workers Do I have to provide training? Yes – if the HSR makes a formal request a health and safety representative is entitled to attend the following courses of training in work health and safety: (a) an initial course of training of 5 days; (b) one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training. Employer has 3 months to allow HSR time off for training If parties can’t agree, Either can ask WHSQ to resolve Ask Audience - Example of when request may not be reasonable? Employee a short term employee or still on probation Employee may have visa restrictions, limiting the amount of time the employee may work for the employer

Key Messages / Actions Managers and Supervisors Establish and implement WHS policy and procedures Demonstrate active and visible leadership Establish practice of regular discussion about WHS with staff Conduct risk assessments of hazards All workplace hazards are promptly identified and associated risks assessed and controlled Promptly address issues that are brought to you Information, training and supervision for all employees Do I have to provide training? Yes – if the HSR makes a formal request a health and safety representative is entitled to attend the following courses of training in work health and safety: (a) an initial course of training of 5 days; (b) one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training. Employer has 3 months to allow HSR time off for training If parties can’t agree, Either can ask WHSQ to resolve Ask Audience - Example of when request may not be reasonable? Employee a short term employee or still on probation Employee may have visa restrictions, limiting the amount of time the employee may work for the employer

Key Messages / Actions Employees Duty for care for their own health and safety and that of colleagues Duty of care for what is reasonably expected – take into account degree of control or work/environment Comply with reasonable instructions of Manager Comply with policies and procedures Inform management about hazards, injuries, accidents, and near-misses Cease work if reasonable concern that the work would expose them to risk Be proactive and actively involved in WHS programs Do I have to provide training? Yes – if the HSR makes a formal request a health and safety representative is entitled to attend the following courses of training in work health and safety: (a) an initial course of training of 5 days; (b) one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training. Employer has 3 months to allow HSR time off for training If parties can’t agree, Either can ask WHSQ to resolve Ask Audience - Example of when request may not be reasonable? Employee a short term employee or still on probation Employee may have visa restrictions, limiting the amount of time the employee may work for the employer

Key Messages Health and Safety Awareness Encourage employees to support each other and ‘keep an eye out’ – esp for younger/inexperienced workers Demonstrate your commitment Be available during induction Be vocal and visible in your commitment React to all issues promptly Promote and attend safety sessions Use and wear protective equipment Ensure children are supervised at all times Do I have to provide training? Yes – if the HSR makes a formal request a health and safety representative is entitled to attend the following courses of training in work health and safety: (a) an initial course of training of 5 days; (b) one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training. Employer has 3 months to allow HSR time off for training If parties can’t agree, Either can ask WHSQ to resolve Ask Audience - Example of when request may not be reasonable? Employee a short term employee or still on probation Employee may have visa restrictions, limiting the amount of time the employee may work for the employer

Key Messages Induction and Training Ensure ALL workers have proper WHS induction at beginning of employment Involve experienced workers in training Assess worker competence Keep records of induction and training Ensure all are aware of safe work procedures – plan and document SWPs if you don’t have them Maintain grounds to minimise presence of snakes, spiders etc. Do I have to provide training? Yes – if the HSR makes a formal request a health and safety representative is entitled to attend the following courses of training in work health and safety: (a) an initial course of training of 5 days; (b) one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training. Employer has 3 months to allow HSR time off for training If parties can’t agree, Either can ask WHSQ to resolve Ask Audience - Example of when request may not be reasonable? Employee a short term employee or still on probation Employee may have visa restrictions, limiting the amount of time the employee may work for the employer

Key Messages Amenities and Environment Ensure first aid-accessible and workers trained Ensure appropriate toilet facilities Provide hand and face washing facilities and access to potable, clean and cool drinking water Maintain grounds and buildings to minimise presence of dangerous animals (spiders, snakes) and reduce fire loads Ensure appropriate environment for rest pauses and lunch break Do I have to provide training? Yes – if the HSR makes a formal request a health and safety representative is entitled to attend the following courses of training in work health and safety: (a) an initial course of training of 5 days; (b) one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training. Employer has 3 months to allow HSR time off for training If parties can’t agree, Either can ask WHSQ to resolve Ask Audience - Example of when request may not be reasonable? Employee a short term employee or still on probation Employee may have visa restrictions, limiting the amount of time the employee may work for the employer

Key Messages Emergency Plans Employers required to develop procedures to deal with workplace emergencies including: Clear and well understood evacuation procedures Trained and authorised staff to assist notifying emergency service organisations – who? medical treatment and assistance effective communication (e.g. 2-way radios, mobiles) – especially for remote workers testing of the emergency procedures - e.g. frequency of testing information, training and instruction to relevant workers Audience question – does anyone here have an emergency plan in place? Business operators are required to develop procedures to deal with workplace emergencies including: evacuation procedures notifying emergency service organisations at the earliest opportunity medical treatment and assistance effective communication ( e.g. 2-way radio, mobile phone) testing of the emergency procedures, including the frequency of testing information, training and instruction to relevant workers in relation to implementing the emergency procedures To be prepared by 30 June 2012 Growcom has a template to help you get started

Key Messages Personal Protective Equipment [PPE] Select appropriate PPE for work to be performed Gloves, footwear, safety or sun glasses, hearing protection, respirators, masks, hats and helmets, sunscreen Ensure workers trained in proper use of safety equipment Ensure workers use/wear protective equipment if supplied and if instructed PPE is a last resort mechanism under the Hierarchy of Control risk matrix Do I have to provide training? Yes – if the HSR makes a formal request a health and safety representative is entitled to attend the following courses of training in work health and safety: (a) an initial course of training of 5 days; (b) one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training. Employer has 3 months to allow HSR time off for training If parties can’t agree, Either can ask WHSQ to resolve Ask Audience - Example of when request may not be reasonable? Employee a short term employee or still on probation Employee may have visa restrictions, limiting the amount of time the employee may work for the employer

Chemicals/hazardous substances Ensure Safety Data Sheets (SDS) are available for all hazardous substances and that they are utilised Store chemicals safely and securely Minimise exposure to workers through limiting access and use, and/or via safe handling techniques NEVER store in food/drink containers Ensure all are correctly labelled – including WHS information and what to do in a case of poisoning Do I have to provide training? Yes – if the HSR makes a formal request a health and safety representative is entitled to attend the following courses of training in work health and safety: (a) an initial course of training of 5 days; (b) one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training. Employer has 3 months to allow HSR time off for training If parties can’t agree, Either can ask WHSQ to resolve Ask Audience - Example of when request may not be reasonable? Employee a short term employee or still on probation Employee may have visa restrictions, limiting the amount of time the employee may work for the employer

Plant and Machinery Supply correct plant and equipment for the task and their intended purpose Ensure safety guards are installed and in safe working condition Keep vehicles and plant in good working order Train and instruct workers in safe use and maintenance of equipment Train workers about falls from heights Ensure ‘no go’ areas clearly signposted Quad Bikes a major issue in Ag- know what’s what Do I have to provide training? Yes – if the HSR makes a formal request a health and safety representative is entitled to attend the following courses of training in work health and safety: (a) an initial course of training of 5 days; (b) one day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training. Employer has 3 months to allow HSR time off for training If parties can’t agree, Either can ask WHSQ to resolve Ask Audience - Example of when request may not be reasonable? Employee a short term employee or still on probation Employee may have visa restrictions, limiting the amount of time the employee may work for the employer

Key Messages Hazardous Manual Tasks Employer must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task Muscular skeletal – backs, shoulders, elbows, knees, etc In determining appropriate control measures to implement, employer must have regard to all relevant matters that may contribute to a musculoskeletal disorder Postures, movements, forces and vibrations; duration and frequency, work area design/layout, systems of work Hierarchy of control – potential solutions: Eliminate? Replace? Administrative? Engineering? Please refer to pages 21 – 23 of your Rural guide booklet Question for audience – can anyone tell me what a MSD is? employer must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task In determining appropriate control measures to implement, employer must have regard to all relevant matters that may contribute to a musculoskeletal disorder – listed on page 22 Common causes & solutions on page 22-23 CONTRIBUTION: POSTURES, MOVEMENTS, FORCES, VIBRATIONS, DURATION & Frequency, environmental conditions, design and layout of work area, systems of worked used, ….. COMMON CAUSES: handling/restraining live animails; lifting and carrying loads; repetitive bending, slips, trips, falls, SOLUTIONS: eliminate problem tasks; redesign work area, improve handling, improve storage heights, use mechanical aids, smaller bags, training and instruction, adequate rest breaks. Relevant COP is the Hazardous Manual Tasks Code of Practice 2011

Key Messages Remote or isolated work Definition: work that is isolated from the assistance of other persons because of location, time or the nature of the work Employers to establish communication system for remote and isolated work. Must provide system of work that includes effective communication with the worker. Business operators to have communication system for remote and isolated work. Must provide system of work that includes effective communication with the worker. Definition & example of “Remote or isolated work” included at page 18 of the Rural guide - work that is isolated from the assistance of other persons because of location, time or the nature of the work Can anyone provide me with another example of what might be considered remote or isolated? e.g. an employee working alone in a workshop shed 100m from the main operations may be defined as “isolated”.

Key Messages Noise Applies to workers who are frequently required to use PPE for noise Employer who provides PPE as a control measure must provide audiometric testing for the worker: within 3 months of the worker commencing the work; and at least every 2 years. If worker hired in 2012, employer has 12 months from the date they were employed before being required to have worker teste WHSQ Fact sheet Hearing Protection Managing Noise and Preventing Hearing Loss at Work Code of Practice 2011 Noise – 1 Jan 2013 Refer to p.20 & 21 of the Rural Guide This part applies in relation to a worker frequently required to use personal protective equipment (PPE) to protect them from the risk of hearing loss associated with noise that exceeds the exposure standard – There is a table on pages 20 to 21 showing the decibels, machinery type and maximum exposure time. An employer who provides PPE as a control measure must provide audiometric testing for the worker: (a) within 3 months of the worker commencing the work; and (b) in any event, at least every 2 years. If worker hired in 2012, employer has 12 months from the date they were employed before being required to have worker tested Audience question - who currently requires workers to wear hearing protection as part of their job? IF SO, HAVE YOU PERFORMED A RISK ASSESSMENT TO ASSESS WHETHER HEARING PROTECTION IS REQUIRED? You should refer to the WHSQ Rural fact sheet on Hearing protection and also the relevant COP – Managing noise and preventing loss at work COP 2011

Key Messages Asbestos Management Plans Where asbestos is present (or believed to be present), employers must have an Asbestos Management Plan (AMP) Plan must contain Identification of asbestos or ACM Decisions/reasons about management of asbestos – eg safe work procedures and control measures; procedures dealing with incidents/accidents See factsheet Identifying and recording asbestos and asbestos containing materials in the workplace Code of Practice – What is an AMP, reviewing & accessing an AMP How to Manage and Control Asbestos in the Workplace Code of Practice 2011 Where asbestos is present (or is believed to be present), employers must have an asbestos management plan Plan must include: the identification of the asbestos or ACM (e.g. a reference or link to the asbestos register and location of signs and labels) decisions and reasons about management of asbestos such as safe work procedures and control measures, procedures for dealing with accidents, incidents or emergencies in relation to asbestos or ACM It is not likely that you would have employees working with asbestos so the following point would not apply in most cases.. workers carrying out work involving asbestos (e.g. consultation, information and training responsibilities). Refer to Fact sheet on identifying Asbestos, and relevant COP – How to manage and control asbestos in the workplace 24

Useful Resources to assist with compliance Codes of Practice - download from: http://www.deir.qld.gov.au/workplace/law/legislation/codes/index.ht m WHSQ Small business unit’s Compliance pack (with online safety benchmarking tool) Rural guide (also contains info on workers comp, incident notification requirements) Rural Fact sheets (e.g. forklifts, asbestos) eSAFE Rural – online rural safety newsletter http://www.vision6.com.au/em/message/email/view.php?id=101262 4&u=19329 WHSQ’s small business unit has provided us with a ‘compliance pack’ The pack contains a checklist for you to complete and Advice sheets that assist with each area assessed in the compliance checklist There’s also the rural guide, fact sheets and codes of practice that should all be read in conjunction with one another Ask audience to grab their compliance pack I’m now going to briefly go over the WHSQ small business unit’s Compliance pack…

Useful website links Workplace health and safety Qld website www.worksafe.qld.gov.au download resources (e.g. templates), factsheets, codes of practice, information on licensing, registrations, best practice guides, risk assessments Safe Work Australia website www.safeworkaustralia.gov.au Download a copy of the Worker Representation and Participation Guide Industry information