1. NSW
Work Health & Safety Regulations June 2012

2. WHS Regulation Training Package
Overview of Modules
Recap on the WHS Act
Overview of WHS Regulations
Management of Risk and Workplace Management
Common Workplace Hazards
High Risk Hazards
Construction Work

3. Learning Outcomes The key learning outcomes of this course 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
An understanding of the basic workplace requirements & management under the WHS Regulations

4. Controllers, self employed etc.
An employer
Is captured under the definition PCBU ‘person conducting a business or undertaking’
Controllers, self employed etc.
Are also a PCBU with general duties of care
General duties of Employers
Will be subject to qualifier ‘reasonably practicable’ and will apply to all PCBUs and extend to all who are involved in the conduct of work
Employees
Are captured under the definition of worker which is broadly define to include anyone who carries out work in any capacity, including volunteers
Trainers Notes: Overview
Explain:
Following is a summary of the main changes which will impact on businesses in NSW. For detailed information about each of these changes and what they really mean you will need to complete the detailed training module as indicated
The Model Act includes the following key elements:
The concept of the employer with responsibility for WHS has been broadened by using the term person conducting a business or undertaking (PCBU). (Refer to Module on PCBU and Duty of Care)
Self employed person and a controller of a premise will also be as a Person Conducting a Business of undertaking with the same obligations. (Refer to Module on PCBU and Duty of Care)
The primary duty of care will require persons conducting a business or undertaking (PCBUs) to, so far as is reasonably practicable, ensure the health and safety of workers and others who may be affected by the carrying out of work. (Refer to Module on the Reasonably Practicable Test)
The concept of the worker also has been broadened to someone who carries out work for a PCBU in any capacity. (Refer to Module on PCBU and Duty of Care)

5. Others are required to take reasonable care when at a place of work
Duty of workers
Workers have an expressed duty to take reasonable care of themselves at work
Duty of others
Others are required to take reasonable care when at a place of work
Duty of Officers
Will change from having an attributed liability to a positive duty of “due diligence” to ensure PCBU complies with duties
Due diligence
Is specifically defined and includes knowledge of WHS and business risks , allocation of resources, WHS reporting, compliance and verification processes
Consultation
Broadened to include all workers affected and other PCBUs with shared responsibilities
Trainers Notes: Overview
Explain:
Following is a summary of the main changes which will impact on businesses in NSW. For detailed information about each of these changes and what they really mean you will need to complete the detailed training module as indicated
The Model Act includes the following key elements:
The concept of the employer with responsibility for WHS has been broadened by using the term person conducting a business or undertaking (PCBU). (Refer to Module on PCBU and Duty of Care)
Self employed person and a controller of a premise will also be as a Person Conducting a Business of undertaking with the same obligations. (Refer to Module on PCBU and Duty of Care)
The primary duty of care will require persons conducting a business or undertaking (PCBUs) to, so far as is reasonably practicable, ensure the health and safety of workers and others who may be affected by the carrying out of work. (Refer to Module on the Reasonably Practicable Test)
The concept of the worker also has been broadened to someone who carries out work for a PCBU in any capacity. (Refer to Module on PCBU and Duty of Care)

6. Criminal prosecution under this Act
OHS Representatives
Replaced by health & safety representatives (HSR) with increased functions and powers
HSR powers
After completing approved training HSRs will be able to issue PINs and direct unsafe work to cease
Management of Risk
Risk assessments are not mandated in the Act but are mandated in the Regulation for certain high risk work
Penalty Options
Graduated enforcement options to include injunctions, remedial action and enforceable undertakings
Penalties
Criminal prosecution under this Act
Maximum penalty for a corporation of $3 million and for an individual $300,000 & up to 5 years imprisonment for the most serious Class 1 breaches
Trainers Notes: Overview
Explain:
Following is a summary of the main changes which will impact on businesses in NSW. For detailed information about each of these changes and what they really mean you will need to complete the detailed training module as indicated
The Model Act includes the following key elements:
The concept of the employer with responsibility for WHS has been broadened by using the term person conducting a business or undertaking (PCBU). (Refer to Module on PCBU and Duty of Care)
Self employed person and a controller of a premise will also be as a Person Conducting a Business of undertaking with the same obligations. (Refer to Module on PCBU and Duty of Care)
The primary duty of care will require persons conducting a business or undertaking (PCBUs) to, so far as is reasonably practicable, ensure the health and safety of workers and others who may be affected by the carrying out of work. (Refer to Module on the Reasonably Practicable Test)
The concept of the worker also has been broadened to someone who carries out work for a PCBU in any capacity. (Refer to Module on PCBU and Duty of Care)

8. Legislative Framework
ACT
Regulation
Codes of
Practice
Australian
Standards
Industry
Standards
Guidance
Materials

9. Function of the WHS Regulation
The most important function of the WHS Regulations is to specify the steps that are required for compliance with the general duties under the Act

10. What’s covered in the WHS Regulations
PRELIMINARY
REPRESENTATION AND PARTICIPATION
GENERAL RISK & WORKPLACE MANAGEMENT
HAZARDOUS WORK
PLANT AND STRUCTURES

11. What’s covered in the WHS Regulations
CONSTRUCTION WORK
HAZARDOUS CHEMICALS
ASBESTOS
MAJOR HAZARDOUS FACILITIES
MINES
GENERAL

12. Some thing may appear to be missing
Abrasive blasting
Welding
Licensing for load shifting equipment
Spray Painting
Some construction hazards e.g. lowering of materials
Certificates of competency for pest control
Identification and Management of Risk
What is reasonably practicable - state of knowledge

13. Some thing may appear to be missing
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.

14. What is the legal effect of
Codes of Practice?
Admissible in court proceedings under the WHS Act and Regulations
May be relied on by courts as evidence of what is known about a hazard, risk or control and in determining what is reasonably practicable
Designed to be used in conjunction with the WHS Act and Regulations but do not have the same legal implications
WHS Act and Regulations may be complied with by following another method if it provides an equivalent or higher standard
An inspector may refer to an approved Code of Practice when issuing an improvement or prohibition notice

15. Codes of Practice SOME PRIORITY CODES RELEVANT TO OUR INDUSTRY
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
How to prevent falls at workplaces
Preparation of safety data sheets for hazardous chemicals
Labelling workplace hazardous chemicals

16. Second Stage Codes of Practice and Guidance Material relevant to our industry
First Aid in the Workplace
Managing Risks in Construction Work
Managing Electrical Risks at the Workplace
Welding and Allied Processes
Managing Risks of Hazardous Chemicals
Preventing and Responding to Workplace Bullying
Managing Risks of Plant in the Workplace
Preventing and Managing Fatigue in the Workplace
Safe Design of Building and Structures

17. Transitional 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 revoked
For example-
Work Near Overhead Power Lines: Code of Practice
Where 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”

18. Workplace WHS Requirements

19. Managing Risks Risks must be identified and controlled
Always aim to eliminate risks, and if not reasonably practicable then minimise risks as far as reasonably practical using the hierarchy of control
Risk assessment are not mandatory but must be outcome focused
Regularly maintain and review risk control measures

20. Managing Risks
Further guidance about managing risk can be found in the Code of Practice -
How to manage work health safety risks
The Code of Practice also includes guidance on risk assessment

21. Consultation and Representation
The WHS Regulations:
Outlines the factors in determining work groups
Specifies HSR training details
The Code of Practice: Work Health and Safety Consultation, Cooperation and Coordination provides guidance on implementation and ongoing compliance

22. Procedure must take into account:
Issue Resolution
Procedure must take into account:
the degree and immediacy of risk to workers or other persons involved in the issue;
the number and location of workers and other persons affected by the issue;
the measures (both temporary and permanent) that must be implemented to resolve the issue;
who will be responsible for implementing the resolution measures

23. Training, Information & Instruction
Must be suitable and reflect:
The nature of the work carried out by the worker
The nature of the risks associated with the work
The control measures implemented

24. Working Environment
Workplace layout allows persons to move around and access and exit without risk
Work space is adequate for the task
Floors and other surfaces are suitable
Lighting and ventilation is suitable
Work in temperature extremes is without risk
Work near essential services does not create risks

25. The WHS Regulations specifies in detail the requirements for :
Including toilets, drinking water, washing and eating facilities
Facilities
Must be appropriate to the activity and hazard, suitable size and fit and maintained and replaced as required.
Workers must be informed and trained on PPE use
PPE
First Aid arrangements must take into account
The nature of the work
The hazards in the workplace
The size, location and nature of the workplace
The number and composition of workers (and others)
First Aid
Must provide a system of work that includes effective communication with the worker
Must manage risks to the health and safety of a worker associated with remote or isolated work
Remote or Isolated Work
Must manage risks of falling objects if reasonably likely to injure a person
If not possible to eliminate risk then minimise risks to health and safety by:
Preventing free fall of objects
Arresting free fall of object (e.g. barriers, safe means of lowering objects)
Falling Objects

26. Emergency Plans
The WHS Regulation specifies the requirement for Emergency Plans
They must include procedures for rapid response, evacuation, notification, medical assistance and communication
Must inform workers of procedures
Must be tested in line with plan schedules
Emergency plan must take into account
The nature of the work
The hazards in the workplace
The size, location and nature of the workplace
The number and composition of workers (and others)

27. Common WHS Hazards

28. What are common hazards?
The common hazards likely to be found in most workplaces are considered to be:
Electrical work
Falls
Hazardous manual tasks
Plant and Structures
Hazardous chemicals

29. Equipment and Installations
Electrical Safety:
Equipment and Installations
PCBU must
Ensure unsafe electrical equipment disconnected and repaired or replaced
Inspect and test equipment
Keep records of testing until next tested or permanently removed

30. Energised Electrical Equipment
Electrical Safety:
Energised Electrical Equipment
Work on energised electrical equipment is prohibited except in certain circumstances
Must determine whether equipment is energised
De-energised equipment must not be inadvertently re- energised

31. Hazardous Manual Tasks
Take into account risk factors including:
Postures, force, duration and frequency
Workplace environmental conditions, design and layout of workplace
Systems of work used
Nature, size, weight and number of persons, animals or things involved in the hazardous manual task

32. Hazardous Chemicals
Correctly label hazardous chemicals used in the workplace
Obtain and provide access to Safety Data Sheets (SDS) for workers
Maintain a register of hazardous chemicals used at the workplace
Display safety signs
Provide information, training and supervision to workers
Identify risks of physical or chemical reaction
Keep chemicals isolated and stable
Eliminate or minimise ignition sources

33. Plant and Structures
Controls risks in commissioning and de-commissioning of plant
Ensure competent persons are used, provide information and undertake inspections
If guarding is used to control risks a hierarchy from fixed or interlocked to presence guards is followed
Ensure that plant not in use does not create a risk to the health or safety of any person
Ensure that the maintenance, repair, inspection and, if necessary, testing of the plant is carried out by a competent person and in accordance with manufacturer specifications

34. High Risk Hazards

35. Learning Outcomes The key learning outcomes of this 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

36. high risk work licence means any of the licences listed in Schedule 3
What is high risk work?
high risk work licence means any of the licences listed in Schedule 3
high risk work means any work within the scope of a high risk work licence

37. Relevant to our industry includes
High Risk Work
Relevant to our industry includes
Means construction work that:(abbreviated from schedule 3)
Involves a risk of a person falling more than 2 metres,
Is carried out on, in or adjacent to a road, railway, shipping lane
Or other traffic corridor that is in use by traffic other than
Pedestrians, or
Is carried out in an area at a workplace in which there is any
movement of powered mobile plant,
Is carried out on or near energised electrical installations or
Services

38. Work Near Traffic
Ensure that a worker is not exposed to risk from working near traffic
Safe systems and methods of work must be established for any worker carrying out work on, in or adjacent to a road, railway or other traffic corridor that is in use by traffic other than pedestrians

39. Overhead Electrical Lines
Electrical Safety
Overhead Electrical Lines
Ensure that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line
If it is not reasonably practicable to comply, conduct a risk assessment

40. Falls
Manage the risk of a fall by a person from one level to another by:
Ensuring so far as is reasonably practicable that any work that involves the risk of a fall is carried out on the ground or on a solid construction
Providing safe access to and exit from the workplace or any area within the workplace with the risk of a fall
If not reasonably practicable to eliminate the risk of falling then minimise the risk by providing adequate protection such as (in order):
Providing a fall prevention device or
Providing a work positioning system or
Providing a fall arrest system

41. Mobile Plant Ensure that works involving mobile plant are
Conducted by competent persons following safe systems of works
Able to be done at a safe distance and separation from any persons in the vicinity
Are done using regularly inspected and maintained equipment

42. High Risk Work – Licensing
A PCBU must ensure:
Direct Supervision
Direct supervision of person carrying out work, unless to do so is impracticable or unnecessary and reduced supervision does not cause risk to any person
Evidence of Licence
Written evidence that the worker has the relevant high risk work licence
Written evidence that the supervisor holds relevant license
Must keep records for 1 yr

43. Construction Specific Requirements

44. WHS Regulations Chapter 6 Construction Work
CHANGES
Definition of construction work
Principal Contractor duties
Construction induction
Duties of designers of structures
The following has been moved into the chapter on Plant & Structures
Overhead protective structures
Structural collapse
Safe lowering of materials

45. Definition of 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”

46. Construction Work Includes activities connected with:
The demolition and installation of billboard structures
Onsite Installation of advertising structures such as bus stops and benches

47. Construction Work does NOT include:
The manufacture of plant, including fixed plant
Prefabrication of elements off site for use in construction
The construction or assembly of a structure to be transported to another place
Testing, maintenance or repair work of a minor nature connected with a structure

48. WHAT IS A CONSTRUCTION PROJECT
WHO IS THE
PRINCIPAL CONTRACTOR
WHAT IS A CONSTRUCTION PROJECT
A construction project is a project that involves construction work where the cost of the construction work is $ or more
The PCBU that commissions a construction project is the principal contractor

49. Safe Work Method Statements
Safe Work Method Statements (SWMS) are required for ALL HIGH RISK CONSTRUCTION WORK and must be prepared before work commences. SWMS must:
Identify work that is high risk construction work
Specify hazards and risks associated with that work
Describe measures to control risks
Describe how the risk control measures are to be implemented, monitored and reviewed

50. Safe Work Method Statements Compliance
PCBU must give a copy to the Principal Contractor before work commences
PCBU must put in place arrangements to ensure SWMS is followed
If high risk construction work is not carried out in accordance with the SWMS, the work MUST be:
stopped immediately or as soon as safe to do so;
resumed in accordance with the statement

51. Person who comminsions work MUST:
Consult with the designer about how to ensure risks arising from the design during construction work are:
Eliminated, so far as is reasonably practicable, or
Minimised, so far as is reasonably practicable
Give the designer and the principal contractor information regarding hazards and risks

52. dismantling of a structure
Design Safety Report
Must account for:
maintenance,
refurbishment,
demolition and
dismantling of a structure
Must specify hazards that may create risks not only during initial building but to workers who undertake maintenance or demolition work in the future

53. General Construction Induction PCBUs must ensure that:
General induction training is provided to relevant workers
Workers have been trained before directing or allowing a worker to carry out construction work
Workers must:
Keep their general induction training card available for inspection

54. Questions