1. SAFETY OBLIGATIONS

2. OBJECTIVE 1.To introduce participants to the safety obligations of various pieces of statutory legislation 2.To explain / consider the impact of statute law on employees methods of work 1.To introduce participants to the safety obligations of various pieces of statutory legislation 2.To explain / consider the impact of statute law on employees methods of work

3. SELF INTRODUCTION  WHAT YOU HOPE TO GET FROM THIS TRAINING SESSION  SOMETHING INTERESTING ABOUT YOURSELF  WHAT YOU HOPE TO GET FROM THIS TRAINING SESSION  SOMETHING INTERESTING ABOUT YOURSELF

4.  “A health & safety problem can be described by statistics but cannot be understood by statistics. It can only be understood by knowing and feeling the pain, anguish, and depression and shattered hopes of the victim and of wives, husbands, parents, children, grandparents and friends… Quotable Quote

5.  …and the hope, struggle and triumph of recovery and rehabilitation in a world often unsympathetic, ignorant, unfriendly and unsupportive, only those with close experience of life-altering personal damage have this understanding" Quotable Quote

6. Effects of accidents-Employer  Loss of productivity  Time spent in investigation and admin.  Increased compensation costs  Damage to equipment / morale / reputation  Closure of business  Overtime  Replacement costs of skilled worker  Loss of productivity  Time spent in investigation and admin.  Increased compensation costs  Damage to equipment / morale / reputation  Closure of business  Overtime  Replacement costs of skilled worker

7. Effects of accidents-Worker  Loss of income  Pain & suffering  Loss of future earnings  Medical / Travel costs  Loss of physical and mental abilities  Disfigurement  Psychological damage  Loss of income  Pain & suffering  Loss of future earnings  Medical / Travel costs  Loss of physical and mental abilities  Disfigurement  Psychological damage

8. INITIATING CHANGE  When initiating change remember “People support what they create”

9. Average Annual Deaths (I.L.O.)  Work1 000 000  Road 999 000  Violence 563 000  War 502 000  HIV / AIDS 312 000  Work1 000 000  Road 999 000  Violence 563 000  War 502 000  HIV / AIDS 312 000

10.  Cost of personal damage 1992-93 $82.8 billion NOHSC 2004

11. SAFETY OBLIGATIONS  STATUTE LAW  COMMON LAW  STATUTE LAW  COMMON LAW

12. SAFETY LEGISLATION  How does safety legislation impact on your work?  What should you do in response to safety legislation?  How does safety legislation impact on your work?  What should you do in response to safety legislation?

13. Causes of the Black Death  Excessive masturbation  Conjunction of the planets  Wrath of God  Evil spirits  Excessive masturbation  Conjunction of the planets  Wrath of God  Evil spirits

14. Plague Regulation, Rouen, France 1507  Do not gamble, drink, fornicate or curse  Avoid other sinful excesses that are likely to arouse the anger of God  Do not gamble, drink, fornicate or curse  Avoid other sinful excesses that are likely to arouse the anger of God

15. British Health & Morals of Apprentices Act 1802  No night work  Not over 12 hours of work  Separate sex sleeping accommodation  Religious instruction provided  Toilets provided  Clothes to be provided  No night work  Not over 12 hours of work  Separate sex sleeping accommodation  Religious instruction provided  Toilets provided  Clothes to be provided

16. Factories Act 1844  No children under 8 employed  Meals not in work rooms  Dangerous machines fenced  Alternate days of school & work  Hours by public clock  8-13 to work a max. of 6.5 hours a day  No children under 8 employed  Meals not in work rooms  Dangerous machines fenced  Alternate days of school & work  Hours by public clock  8-13 to work a max. of 6.5 hours a day

17. Objective of WH&S Act 1995  The objective of the Act is to prevent a person’s death, injury or Illness caused by a workplace, by workplace activities or by specific high-risk plant.

18. WORKPLACE  A workplace is any place where work is, or is to be performed by a worker or a person conducting a business or undertaking

19. WORKER  A person is a worker if the person does work, other than under a contract for service for or at the direction of an employer  A person may be a worker even if not paid  A person is a worker if the person does work, other than under a contract for service for or at the direction of an employer  A person may be a worker even if not paid

20. HEALTH & SAFETY REPRESENTATIVES  Inspect  Be informed of incidents  Be present at incident investigations  Review incidents  Be consulted about safety change  Help in resolution of safety problems  Report safety problems to W.H.S.O.  Inspect  Be informed of incidents  Be present at incident investigations  Review incidents  Be consulted about safety change  Help in resolution of safety problems  Report safety problems to W.H.S.O.

21. HEALTH & SAFETY COMMITTEE  Encourage an active interest in safety  Consider safety training  Tell workers about safety rules and procedures  Encourage an active interest in safety  Consider safety training  Tell workers about safety rules and procedures

22. WORKPLACE HEALTH & SAFETY OFFICER  30 or more employees  Tell employer about the state of safety  Conduct inspections  Report hazards  Establish education programmes  Investigate incidents  Assist inspectors  30 or more employees  Tell employer about the state of safety  Conduct inspections  Report hazards  Establish education programmes  Investigate incidents  Assist inspectors

23. WORKPLACE HEALTH & SAFETY OFFICER  Safety is a line management responsibility  W.H.S.O. is the management adviser not the doer of the safety programme  Safety is not the W.H.S.O.’s responsibility at law (specifically excluded from prosecution)  Safety is a line management responsibility  W.H.S.O. is the management adviser not the doer of the safety programme  Safety is not the W.H.S.O.’s responsibility at law (specifically excluded from prosecution)

24. What Category is your Obligation? Supervisor:Person in Control of the Workplace Why?  The staff you supervise are your responsibility as you are supervising the work on behalf of the employer or owner. Supervisor:Person in Control of the Workplace Why?  The staff you supervise are your responsibility as you are supervising the work on behalf of the employer or owner.

25. Obligation of Employer  Ensure the WH&S of each of the employers workers in the conduct of the employer’s business;  Ensure the employer’s own WH&S in the conduct of the employer’s business; and  Ensure other persons are not exposed to risks to their health and safety arising out of the conduct of the employer’s business.  Ensure the WH&S of each of the employers workers in the conduct of the employer’s business;  Ensure the employer’s own WH&S in the conduct of the employer’s business; and  Ensure other persons are not exposed to risks to their health and safety arising out of the conduct of the employer’s business.

26. Obligation of a Worker  To comply with the instructions given for WH&S at the workplace by the employer at the workplace and, if the workplace is a construction workplace, the principal contractor for WH&S at the workplace;  Use PPE if the equipment provided by the workers employer and the worker is properly instructed to do so;  Not to wilfully or recklessly interfere with or misuse anything provided for WH&S at the workplace;  Not to wilfully place at risk the WH&S of any person at the workplace; and  Not to wilfully injure himself or herself.  To comply with the instructions given for WH&S at the workplace by the employer at the workplace and, if the workplace is a construction workplace, the principal contractor for WH&S at the workplace;  Use PPE if the equipment provided by the workers employer and the worker is properly instructed to do so;  Not to wilfully or recklessly interfere with or misuse anything provided for WH&S at the workplace;  Not to wilfully place at risk the WH&S of any person at the workplace; and  Not to wilfully injure himself or herself.

27. How do I Comply with an Obligation? There are 2 ways to comply with an obligation:  Follow a Regulation, Advisory Standard or Code of Practice, and  Take reasonable precautions and exercise proper diligence to ensure the obligation is followed. There are 2 ways to comply with an obligation:  Follow a Regulation, Advisory Standard or Code of Practice, and  Take reasonable precautions and exercise proper diligence to ensure the obligation is followed.

28. Specifying keys to meeting the obligation 1.Identify hazards and assessing risks that may result because of the hazards; 2.Deciding and implementing control measures to prevent, or minimise the risks; 3.Reviewing the effectiveness of the control measures; 4.Providing and maintaining a safe and healthy work environment. 5.Providing and maintaining safe plant. 6.Ensuring the safe use, handling, storage and transport of substances. 7.Ensuring safe systems of work. 8.Providing information, instruction, training and supervision to ensure health and safety. 1.Identify hazards and assessing risks that may result because of the hazards; 2.Deciding and implementing control measures to prevent, or minimise the risks; 3.Reviewing the effectiveness of the control measures; 4.Providing and maintaining a safe and healthy work environment. 5.Providing and maintaining safe plant. 6.Ensuring the safe use, handling, storage and transport of substances. 7.Ensuring safe systems of work. 8.Providing information, instruction, training and supervision to ensure health and safety.

29. Penalties for Breach of Obligations WHS Act 1995IndividualImprisonmentCorporation Multiple deaths$150,0003 years$750,000 Offences causing Death or Grievous Bodily Harm (GBH) $75,0002 years$375,000 Exposure to a substance likely to cause death or GBH $56,2501 year$281,250 Offences causing Bodily Harm $56,2501 year$281,250 Other offences$37,5006 months$187,500

30. BREAK  HAVE A 2 MINUTE BREAK

31. WORKPLACE HEALTH & SAFETY ACT  Amenities-Lunchrooms, toilets etc  Manual handling of people  Hazardous substances  Personal protective equipment  Harassment  Stress  Asbestos  Amenities-Lunchrooms, toilets etc  Manual handling of people  Hazardous substances  Personal protective equipment  Harassment  Stress  Asbestos

32. STATUTE LAW  Risk Management  First-Aid  Risk Management  First-Aid

33. STATUTE LAW  Workplace Health & Safety Act- Numerous sections-  Fire Safety Act -Alarms, extinguishers, fire drills, evacuation plans etc.  Workcover Act -reporting injuries, processing claims, rehab. Programmes  Traffic Act -Speeding, drink driving, seat belts, condition of vehicle  Workplace Health & Safety Act- Numerous sections-  Fire Safety Act -Alarms, extinguishers, fire drills, evacuation plans etc.  Workcover Act -reporting injuries, processing claims, rehab. Programmes  Traffic Act -Speeding, drink driving, seat belts, condition of vehicle

34. STATUTE LAW  Electrical Safety Act- Condition of electrical appliances, fitting of R.C.D., testing of R.C.D.  Health Act  Electrical Safety Act- Condition of electrical appliances, fitting of R.C.D., testing of R.C.D.  Health Act

35. RISK MANAGEMENT  Risks must be managed  High risk activities can be safe with good risk management  Risks must be managed  High risk activities can be safe with good risk management

36. SAFETY OBLIGATIONS  What do you think your safety obligations are as a worker?  What do you think your safety obligations are as a supervisor / representative of the organisation?  What do you think your safety obligations are as a worker?  What do you think your safety obligations are as a supervisor / representative of the organisation?

37. SAFETY APPROACH  Increasingly litigious society  What ever you do in safety must be auditable & defensible in court  Document, document, document  Increasingly litigious society  What ever you do in safety must be auditable & defensible in court  Document, document, document

38. SAFETY OBLIGATIONS  Thoroughly investigate and action complaints  Signs / instructions adequate,reasonable, properly communicated  High quality P.P.E-Train &maintain  Adequate trained supervision  Set safety example  Thoroughly investigate and action complaints  Signs / instructions adequate,reasonable, properly communicated  High quality P.P.E-Train &maintain  Adequate trained supervision  Set safety example

39. SAFETY OBLIGATIONS  Consider all options with incompetent employees  Regularly examine work area and operations  Purchase high quality equipment and maintain it  Keep up to date with modern work methods  Consider all options with incompetent employees  Regularly examine work area and operations  Purchase high quality equipment and maintain it  Keep up to date with modern work methods