HLTWHS003 Readings

The Institutional Framework

To address developments in health and safety, Australia has created an institutional framework involving key players, often with differing interests (see Table 1.2).

Key players	Interests
Workers	Aviod risks to health & safety have good quality of working life be adequately compensated for any injury or illness
Employers	Meet organisational objectives reduce costs comply with the lay
Governments	Protect the community build the economy and employment reduce costs
Insurers	Expand business be competitive
Health & safety professionals: nurses, ergonomists, occupational physicians, hygienists, psychologists, therapists, safety engineers, rehabilitation providers	Assist workers and employers build professional capacity

In addition to these immediate players are the associations representing workers, such as unions, trade associations, state and territory trades and labour councils, the Australian Council of Trade Unions (ACTU), employers’ peak bodies, such as the Australian Chamber of Commerce and Industry (ACCI) and specific industry associations, and, finally, insurer and health professional bodies. Other players include the courts, lawyers dealing with health and safety and compensation law, standards bodies, scientists carrying out research into hazards and health and safety consultants.

There are also international bodies active in health and safety that governments and others recognise as having a role to play, such as the ILO [International Labour Organization] and the WHO [World Health Organization]. Australia has ratified the ILO’s Convention on Occupational Safety and Health (No. 155), which requires countries to implement a national policy on occupational health and safety in the workplace. Australia has also signed the G20 Labour and Employment Ministerial Declaration (2014), containing Annex C: G20 Statement on Safer and Healthier Workplaces, detailing explicit guidelines for national policy implementation.

Consultation and Cooperation

The improvement of health and safety depends on a variety of participants cooperating at times when their interests do not always point them in the same direction.

Australia has tried to build consensus among these participants and direct activities towards agreed goals using health and safety legislation and commissions – government supported bodies in which players meet to determine policy and strategy.

Under Australia’s federal system, there are three levels at which players are brought together.

Federal Level

In 2009, Safe Work Australia (SWA) was created to take over from the Australian Safety and Compensation Council (ASCC), which was the successor to the National Occupational Health and Safety Commission (NOHSC).

Safe Work Australia

Safe Work Australia is an Australian Government statutory agency (a body created by an Act of Parliament) that:

• Coordinates and develops national policies and strategies
• Assists with the implementation of model work health and safety legislation and reform the legislative framework
• Undertakes research
• Collects, analyses and reports data.

It is tripartite (made up of representatives of the three groups: government, labour ad business) and has 15 members, including an independent chair, nine members representing the Commonwealth and each state and territory, two representing the interests of workers, two representing the interests of employers and the CEO of Safe Work Australia.

Safe Work Australia overlooks the Australian HS Strategy and was instrumental in harmonising law using the Model WHS Act. SWA collects health and safety statistic, the National Data Set. Its annual report, Compendium of Workers’ Compensation Statistics Australia, gives an overview of health and safety in Australia, showing trends based on accepted workers’ compensation claims.

SWA is not a regulatory authority. It does not pass or enforce laws. Health and safety laws in Australia operate in each of the state, territory and Commonwealth jurisdictions, and are administered by jurisdictions’ regulators; for example, SafeWork NSW.

Two other bodies need mentioning – the National Industrial Chemicals Notification and Assessment Scheme and the Federal Safety Commissioner.

The National Industrial Chemicals Notification and Assessment Scheme (NICNAS)

The Australian Government’s industrial chemical safety regulator, the National Industrial Chemicals Notification and Assessment Scheme (NICNAS), was established in 1990. NICNAS provides a national notification and assessment scheme to protect the health of the public, workers and the environment from the harmful effect of industrial chemicals. It assesses all chemicals new to Australia and assesses those chemicals already used (existing chemicals) on a priority basis, in response to concerns about their safety on health and environmental grounds. NICNAS produces the Chemical Gazette electronically every month and the Australian Inventory of Chemical Substances (AICS), which lists more than 40 000 chemicals. The latter is a very useful free online database https://www.nicnas.gov.gov.au/chemical-inventory

Office of the Federal Safety Commissioner

Established in 2005, the Office of the Federal Safety Commissioner (OFSC) works with industry and government stakeholders to achieving workplace health and safety standards on Australian building and construction projects. The OFSC accredits builders entering into head contracts for building work that is funded by the Australian Government enabling it to improve the industry’s WHS performance. To do so, the OFSC uses audit criteria which can be developed for other industries and organisations.

Jurisdictional Level

Because the Constitution does not give the Commonwealth general power to legislate for health and safety, there are nine principal jurisdictions in Australia – eight state and territory and one Commonwealth. Here, we find WHS acts and government regulators whose role it is to administer their legislation; for example, collect incident data, provide information and carry out inspections and prosecutions. In addition, governments also support the commissions that oversee health and safety matters, including compensation and injury management. We find government, employers, unions, insurers and others debating policy and strategy.

Workplace Level

Finally, at the workplace or organisation level, there are employers, workers and, sometimes, union representatives and health and safety professionals meeting on WHS issues. In larger workplaces or organisations, this also involves health and safety committees (HSCs). We will talk in more detail about HSCs later. Needless to say, it is at the workplace level where we see whether health and safety is successful or not. It is here we see the final outcome.

The experience of working in this framework over many years has led to a consensus that the critical elements within an organisation determining WHS performance, and these are set out in Table 1.3. All four elements are necessary, as set out in the model in Figure 1.6

The health and safety system of policies, procedures and practices – the machinery – lies at the core; however, it must be fuelled by active management commitment, a spirit of genuine consultation and a robust health and safety culture. In the following chapters, we explain the importance of those elements and how the health and safety manager can help to build them.

Critical elements within an organisation in determining WHS

Commitment	Does senior management make health and safety a priority - planning, funding, training, reporting etc? How is this communicated? Is everyone committed?
Consultation	Are workers and their representatives involved in WHS decision making at the earliest stages? Do the consultative arrangements have support? Is WHS communication between managers and workers open and 2-way?
System	Are there policies and procedures? Is there an effective WHS organisation and program for the systematic identification of hazards and management of risk? Is performance monitored, measured, audited and reviewed to ensure continuous improvement?
Culture	Is everyone aware of and sensitive to hazards and risks? Do people talk about health and safety? Are they empowered to report hazards?

Policy Overview and Principles

1.1 Policy Statement

The purpose of this Policy is to document the governing principles that will guide Workplace Health & Safety (WHS) management at The Smith Family.

The Smith Family is committed to complying with the relevant state WHS legislation and other relevant safety recommendations including codes of practice and/or Australian Standards.

The Smith Family is committed to providing team members, clients and stakeholders with a healthy and safe environment, and will integrate health and safety into all aspects of its operations.

A further commitment and key objective of The Smith Family is to improve workplace health and safety performance across the organisation to reduce or eliminate workplace injury and illness and to promote a positive and proactive WHS Management System based on effective communication, engagement and consultation regarding all safety matters. The WHS Management System manages safety hazards through systematic hazard identification, assessment, control and resolution.

1.2 Scope

This Policy outlines the approach to Workplace Health & Safety (WHS) at The Smith Family including the governing principles that will apply to all related WHS Policies and Procedures.

This Policy applies to the person conducting a business or undertaking (the PCBU) and all Officers, Workers and Visitors as defined in Section 1.3 below and in the Work Health and Safety Act 2011.

1.3 Definitions

Person conducting a business or undertaking (PCBU): an individual, business or organisation that is conducting a business.

Officer: (in the context of this policy) an officer within the meaning of section 9 of the Corporations Act 2001.

Worker: any person who carries out work for The Smith Family including employees, trainees, work experience students, volunteers and affiliates, outworkers, contractors or sub-contractors, employees of a contractor or sub-contractor and employees of a labour hire company assigned to work for The Smith Family.

Visitor: any person who visits Smith Family premises and is not classified as a Worker. Visitors include, but are not limited to: students, conference and function attendees, families and friends of workers and community visitors.

1.4 Responsibilities and approvals

This Policy is approved by The Smith Family’s Board.

The Policy Owner is The Smith Family’s People & Culture Committee.

The Smith Family’s Executive Group, comprising Officers of the organisation, is responsible for implementation of the Policy.

Refer to Appendix A – Document Information for Policy review requirements.

1.5 Legislative context

The Smith Family is bound by Workplace Health and Safety legislation in all States and Territories and aims to meet its legal obligations by complying with this legislation as well as by complying with relevant codes of practice and/or Australian Standards.

1.6 Key principles

The Smith Family is committed to providing team members, clients and stakeholders with a healthy and safe environment, and will integrate health and safety into all aspects of its operations.

The Smith Family will work to achieve this objective by using its best endeavours to establish a work environment that eliminates or reduces risks to health and safety in its workplaces by applying the following governing principles to its Workplace Health & Safety management.

The Smith Family aims to:

• maintain a health and safety management system which meets legal requirements and the requirements of this Policy
• establish annual, measurable WHS objectives and targets with assigned responsibilities for their achievement
• comply with all relevant legislation and industry standards
• train, support, assist and resource team members to work safely
• enhance the effectiveness of WHS procedures through consultation with team members and other relevant stakeholders
• implement a health and safety risk management process to ensure that all workplace hazards are identified, assessed and controlled, or otherwise managed where they are not able to be eliminated
• ensure that effective return to work processes are in place
• monitor and report WHS performance monthly to both the Executive Group and the Board
• conduct formal annual reviews and evaluations of its WHS systems.

All team members must comply with the above governing principles.

Those people who are in leadership and/or supervisory roles have a core responsibility to uphold and demonstrate leadership in relation to these governing principles.

2 Procedures and guidelines

2.1 Introduction

This Workplace Health & Safety Policy provides the governing principles in relation to WHS management at The Smith Family.

All associated WHS policies and procedures will support and be consistent with this Policy.

Detailed procedures and guidelines for WHS can be found in The Smith Family’s Work Health and Safety Management System Manual. The manual provides detailed information and directions in the following areas:

• Management and Team Responsibilities
• Consultation and Communication
• Risk Management and Process Control
• How to Manage WHS Risks
• Documents and Records Management
• Training

The following sections outline the key elements that form part of The Smith Family’s unified system for ensuring organisational compliance with the Work Health and Safety Act and Regulations and for improving its WHS performance.

2.2 Objectives and Key Performance Indicators

The Smith Family is committed to reducing or eliminating workplace injury and illness. To meet this commitment, WHS Improvement Plans are required to be put in place each year as part of the annual planning process. These plans are based on the WHS objectives and key performance indicators in The Smith Family’s business planning and reporting processes and have the following aims as their basis:

• reducing the frequency and severity of risks to team members, volunteers, clients, contractors and visitors' safety
• preventing occupational injury, illness and disease, or where prevention is not possible, reducing their impact
• training, supporting and motivating team members, volunteers, clients and contractors to identify, report and manage hazards effectively, consulting with workers on workplace health and safety matters through appropriate consultation mechanisms.

2.3 Management responsibility

Officers, including the organisation’s directors, have a duty to exercise “due diligence” to ensure that the organisation fulfils its health and safety obligations under the Work Health and Safety Act 2011.

The Smith Family also recognises that effective, diligent leadership in WHS requires senior managers to participate actively in the review and implementation of WHS strategies and activities across the organisation.

To promote consistency and clarity across the organisation The Smith Family has adopted the Code of Practice - How to Manage Work Health and Safety Risks (under section 274 of the Work Health and Safety Act 2011) in the Work Health and Safety Management System Manual. This is a practical guide to achieving standards set out under the Act and its application is an important element of the organisation’s compliance and risk management activities.

Specific responsibilities are:

• The Executive Group has responsibility for, and is committed to, the effective implementation of the Workplace Health and Safety Policy. 
• The Executive Group, National Managers and General Managers will support other managers and team leaders to fulfil their health and safety responsibilities and accountabilities within their areas of responsibility. 
• The People & Culture Committee (along with the Finance, Audit and Risk Committee) assists the Board in its governance role of ensuring that the organisation operates effectively, efficiently, ethically and legally by monitoring and/or assessing the degree of compliance with statutory and regulatory requirements and reasonable community expectations, with particular emphasis on Work Health & Safety requirements and the review of actions proposed by management in relation to health and safety, prior to its making recommendations to the Board. 
• All workers and visitors have a responsibility to take reasonable care for their own safety and the safety of others and to comply with any reasonable instruction, policy or procedures of The Smith Family in relation to health and safety. 
• The People and Culture team is available to provide advice regarding specific health and safety matters, update management on legislative changes and assist with the development, implementation and monitoring of this Policy and the Workplace Health and Safety Management System.

2.4 Consultative forums

The Smith Family will adopt appropriate consultative mechanisms, in accordance with relevant legislative requirements, to suit its nationally-dispersed workforce. These mechanisms will include use of WHS committees and representatives, working groups, working parties, focus groups, periodic team member meetings and other forums or approaches to maximise relevant contributions from affected team members.

Where necessary, The Smith Family will also consult, coordinate and cooperate with contractors and other persons present in its workplace as to handling of relevant WHS matters.

2.5 WHS policies, systems, procedures and guidelines

Specific WHS policies, procedures and guidelines addressing WHS issues in the organisation’s WHS Management System are and will continue to be produced in consultation with relevant team members and/or team member representatives. Priority areas are established based on formal risk assessment procedures contained in the Work Health and Safety Management System Manual and/or feedback via reporting mechanisms and ongoing consultation.

All WHS documents are located centrally on SmithNet, The Smith Family’s intranet, for easy access.

Policies and procedures instituted for complying with legal obligations are regularly monitored through internal management reporting arrangements and reviewed for amendment as required.

Mandatory on-line WHS training for new team members is completed upon commencement and refresher WHS training for all team members is conducted every two years.

2.6 WHS reporting

A system of reporting is in place in The Smith Family for monitoring the objectives and targets for health and safety aimed at the elimination of work-related physical and psychological illness and injury. Reporting is channelled through relevant managers/supervisors to ensure appropriate investigation and corrective action of identified issues.

Information is also compiled and reported to senior managers of the organisation in order to maintain a high profile for WHS matters throughout the organisation. The Smith Family acknowledges the importance of acquiring and maintaining up-to-date knowledge of health and safety matters to inform senior managers and promote best practice in its workplaces.

In addition to internal reporting, and where required, reports are made to appropriate external authorities within stipulated timelines.

1 Supporting documents

Associated WHS policies and procedures can be accessed via the links below, on the People and Culture page of SmithNet, or by contacting a member of the People and Culture team.

The principal WHS policies of The Smith Family cover the following:

• Work Health and Safety Management System Manual
• Work Health and Safety Consultation
• Work Health and Safety Risk Management Guidelines
• Work Health and Safety Procedures Guide
• Work Environment Policy
• Return to Work and Injury Management procedures
• Emergency Management Plans
• Manual Handling Policy
• Managing Stress Policy
• Long Distance Driving and Remote Travel Policy
• Contractors Policy

Slips and trips

Slips and trips result in thousands of injuries every year. The most common ones are musculoskeletal injuries, cuts, bruises, fractures and dislocations but more serious injuries can also occur.

Slips occur when a person’s foot loses traction with the ground surface due to wearing inappropriate footwear or when walking on slippery floor surfaces such as those that are highly polished, wet or greasy.

Trips occur when a person unexpectedly catches their foot on an object or surface. In most cases people trip on low obstacles that are not easily noticed such as uneven edges in flooring, loose mats, opened drawers, untidy tools or cables from electrical equipment.

Falls can result from a slip or trip but many also occur during falls from low heights such as steps, stairs and curbs, falling into a hole or a ditch or into a body of water.

The role of PCBUs

PCBUs must manage the health and safety risks associated with slips and trips by eliminating the risk so far as is reasonably practicable, and if that is not reasonably practicable, minimising the risk so far as is reasonably practicable.

This involves a systematic approach to:

• identify hazards
• if necessary, assess the risks associated with these hazards
• implement and maintain risk control measures
• review risk control measures.

There are various ways to control the risk of slips and trips, listed below in order of their effectiveness (known as the hierarchy of controls):

Hierarchy of control	Examples
Eliminate the hazard	Remove slip and trip hazards at the design stage such as eliminating changes in floor levels and installing more power outlets to avoid trailing cords.
Substitution	Replace flooring with a more slip-resistant surface.
Isolation	Prevent access to high risk areas, for example cordon off wet floor areas while cleaning is in progress.
Engineering controls (redesign)	Apply floor treatments to increase slip resistance Improve lighting Stop leaks from equipment or pipes Provide adequate drainage Clearly mark edges of steps and any changes in floor height.
Administrative controls	Implement good housekeeping practices including keeping access ways clear and cleaning up spills immediately Use signage to warn of wet or slippery areas Provide training and supervision.
Personal protective equipment	Wear slip-resistant footwear.

More than one control measure may be needed to provide the best protection. A checklist to assist with the identification of slip and trip hazards and the selection of appropriate control measures is on page 7 of this fact sheet.

Identifying slip and trip hazards

Common slip hazards include:

• spills of liquid or solid material
• wet cleaning methods
• wind-driven rain or snow through doorways
• a sudden change in floor surface, for example joins between carpet and polished timber
• change from wet to dry surface
• dusty and sandy surfaces
• the incline of a ramp
• loose or bumpy flooring
• low light levels
• use of unsuitable footwear.

Common trip hazards include:

• ridges in floors or carpets
• worn floor coverings or broken tiles
• potholes and cracks in floors
• changes in floor level
• thresholds and doorstops
• floor sockets and phone jacks
• cables from power extension units
• loads that obstruct vision
• obstacles in traffic areas.

Selecting control measures—design of facilities

The best way to eliminate slips and trips is to build and design facilities with safety in mind. The following are some general matters which should be considered during the design stage.

For floor design:

• Minimise any changes in the floor level. If levels must change, use ramps rather than steps when connecting pedestrian pathways.
• Ensure the maximum ramp slope does not exceed 1:12.
• Use slip-resistant floor tiles.
• Avoid sudden transitions in floor surface texture if possible. If such transitions occur, ensure good lighting and visual cues highlight the change.

For the design of stairs:

• All risers and treads should be uniform throughout a flight of stairs.
• Variations in the riser and tread should be reasonable—the riser ranges from 150 – 175mm and the tread ranges from 225 – 320mm, trips can easily occur for risers less than 75mm.
• The elevation of any flight of stairs should be designed between 15° and 55°.
• A landing should be introduced every 16 steps in a flight of stairs.
• Consider whether handrails are required, including if it is not reasonably practicable to implement the above controls.

For lighting design:

• Ensure both internal and external stairways are well lit.
• Areas such as corridors, walkways, staircases and lifts, should have an illuminance of at least 100 lux, so far as is reasonably practicable.

For the design of drainage:

• Provide means of containing and draining fluids at machines or processes.
• Provide drains as close as possible to any source of water or liquid that is frequently generated.
• Use floor grates where work tasks generate a lot of water or liquid.
• Ensure grates in walkways or aisles are slip resistant.

When designing storage:

• Provide ample storage space to avoid materials being placed in aisles.
• Ensure procedures for the return of tools to designated areas are in place.

When designing work procedures:

• Develop procedures that avoid the build-up of rubbish throughout a production process, for example using pre-cast units instead of formwork and bar-bending construction methods in construction work.
• Choose or replace machinery that frequently generates noise, dust, fumes or smoke.

Selecting control measures— housekeeping

Good housekeeping helps prevent slips and trips. Examples of control measures include:

• training staff to recognise slip and trip hazards and the importance of good housekeeping
• setting up standards and procedures storage and cleaning
• checking and storing usable inventories, discarding any unwanted items
• implementing safe systems of work and any relevant signage for timely and efficient reporting and clean up of spills
• providing sufficient rubbish or recycling bins
• using appropriate containers for rubbish if it is likely to contain sharp objects
• developing a cleaning schedule that assigns workers to take charge of cleaning workplaces, and
• encouraging workers to clean their workplaces daily before they leave, so far as is reasonably practicable.

Selecting control measures—safety training

All workers share responsibility for housekeeping and cleanliness at the workplace. Work health and safety training not only assists workers to become more aware of slip and trip hazards and the relevant control measures, but also helps to prevent injuries. Training should include:

• awareness of slip and trip hazards
• identifying effective control measures
• duties of workers.

Selecting control measures—personal protective equipment

Personal protection equipment (PPE) including slip resistant footwear should only be used:

• when there are no other practical control measures available (as a last resort)
• as an interim measure until a more effective way of controlling the risk can be used
• to supplement higher level control measures (as a backup).

When selecting and purchasing footwear consider whether it has good slip resistance properties, in addition to any other required safety features. For example:

• in wet conditions—the shoe sole tread pattern should be deep enough to help penetrate the surface water and make direct contact with the floor
• in dry conditions—the shoe sole tread pattern should be flat bottom construction which grips the floor with maximum contact area, and
• urethane and rubber soles are more effective than vinyl and leather soles for slip resistance. Sole materials that exhibit tiny cell like features will provide the added benefit of slip resistance.

Controlling the risks of slipping

Floor treatments that improve slip resistance are those which increase the surface roughness of the flooring. The main floor treatments are sand blasting or grinding, chemical etching, coating with resins, and using floor mats or adhesive anti-slip strips.

Examples of different floor types are:

Floor Type	Characteristics
Concrete	Rounded aggregate can be slippery when concrete wears. Interior surface is often sealed to prevent dusting and absorption of liquids - this can increase slipperiness.
Terrazzo	Gives good appearance and wears well but can be slippery when wet, when excess polish is used or when dusty.
Quarry tiles, ceramic tiles	Low water absorption and good resistance to chemicals. Slippery in wet conditions if smooth, but can be moulded with aggregate or profiles to improve slip resistance - special cleaning equipment may then be required.
Glazed ceramic tiles	Slippery when wet, particularly with soapy water. Some slip resistance treatments available, but preferable not to install these tiles on floors.
Vinyl tiles and sheet	Easy to clean. Use sheet form where frequent washing is required to avoid water getting under tiles. Slippery when wet, particularly if polished, however slip resistant vinyls are available. These have aggregates moulded in. Thicker and softer vinyls are more slip resistant than hard ones.
Cork	Must be sealed to prevent absorption of oil and water, but may then be slippery when wet.
Steel plate	Tends to be slippery when wet or oily, particularly when worn.
Rubber	Less effective in wet conditions. Must be fixed down well at the edges and joints or will cause a trip hazard.
Plastic matting	Interlocking PVC extrusions give good drainage and slip resistance. Hose down or steam clean.
Carpet	Carpet has a shorter life than hard floor surfaces, but it can be a cost-effective solution. Installations should be wall to wall, to avoid the hazard of a trip on edges. When used in small local areas, such as at entrances, it should be installed in a recess in the floor. Alternatively, it should be rubber-backed and with hardwearing tapered edges. Trolleys can be harder to push on carpet, but if larger wheels are fitted and the carpet does not have a deep pile, this is not a serious problem.
Fibreglass gratings	This product can have grit particles moulded into upper surface to provide very good slip resistance. Fluids are quickly drained away.

Ways to eliminate or minimise slipping hazards due to liquid and waste from machinery include:

• modify the machinery to prevent leakage
• install exhaust systems to remove dusts or that would otherwise settle on floors
• use a tray to collect liquid and waste.

Ways to eliminate or minimise slipping hazards due to rainy days include:

• have absorbent flooring materials at entrances
• provide facilities for leaving umbrellas at entrances
• provide easy access to equipment and materials for cleaning up water on the floor.

Ways to eliminate or minimise slipping hazards due to accidental spills include:

• clean up water or oily spills immediately – use absorbent paper or powder for cleaning up any oily residues
• thoroughly dry floors after cleaning
• erect warning signs at areas with a high risk of spills.

Controlling the risks of tripping

Ways to eliminating tripping hazards include:

• provide storage areas separate to work areas
• provide sufficient storage systems to keep materials out of aisles
• provide sufficient power sockets and computer service jacks to minimise or remove the requirement for cords on the floor (where possible)
• remove or cover protruding sockets on the floor
• securely stack goods and avoiding single towering stacks
• hang power cords over work areas rather than on the floor
• clean up workplaces and remove rubbish or obstructions regularly
• display visual cues, such as warning strips and signs to alert pedestrians about changed or uneven surfaces.

Shared workplaces

In shared workplaces PCBUs must consult, cooperate and coordinate activities with all other persons who have a work health or safety duty in relation to the same matter, so far as is reasonably practicable.

In shared workplaces PCBUs may have varying degrees of control over the physical workplace, for example, flooring, lighting and cleaning. They must do what is reasonably practicable in the circumstances to prevent slips and trips at the workplace. They can do so by consulting each other and working together to implement appropriate control measures.

For example:

• At a shopping centre, the centre management is responsible for ensuring common access floor surfaces are well maintained and kept free of obstructions.
• Where shop owners need to move stock in and out of stores or if they wish to display goods outside of the store, they must consult, cooperate and coordinate with the centre management to avoid injuries from occurring.
• Where spills have occurred in the main access areas, the centre management must make arrangements to ensure the spill is cleaned up in a timely way.

Who has duties for managing work health and safety risks?

Duty holders who have a role in managing work health and safety risks include:

• persons conducting a business or undertaking (PCBUs)
• officers
• designers, manufacturers, importers, suppliers and installers of plant, substances or structures.

Workers and other persons at the workplace also have duties under the WHS Act, such as the duty to take reasonable care for their own health and safety at the workplace. A person can have more than one duty and more than one person can have the same duty at the same time.

Person conducting a business or undertaking (PCBU)

WHS Act section 19 Primary duty of care

A PCBU must eliminate risks in the workplace, or if that is not reasonably practicable, minimise the risks so far as is reasonably practicable. The WHS Regulation includes more specific requirements for PCBUs to manage the risks of hazardous chemicals, airborne contaminants and plant, as well as other hazards associated with the workplace.

PCBUs have a duty to consult workers about work health and safety and may also have duties to consult, cooperate and coordinate with other duty holders. Examples of where a PCBU will have a health and safety duty include when:

• the PCBU engages workers to carry out work
• the PCBU directs or influences workers in carrying out work
• other people may be put at risk from work carried in their business or undertaking
• the PCBU manages or controls a workplace or fixtures, fittings or plant at the workplace.

Officers

WHS Act section 27 Duty of officers

Officers, such as company directors, have a duty to exercise due diligence to ensure the PCBU complies with the WHS Act and the WHS Regulation. This includes taking reasonable steps to gain an understanding of the hazards and risks associated with the operations of the business or undertaking, and ensure the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks to health and safety.

Designers, manufacturers, importers and suppliers of plant, substances or structures

WHS Act Part 2 Division 3 Further duties of persons conducting businesses or undertakings

Designers, manufacturers, importers and suppliers of plant, substances or structures must ensure, so far as is reasonably practicable, the plant, substance or structure they design, manufacture, import or supply is without risks to health and safety. This duty includes carrying out testing and analysis as well as providing specific information about the plant, substance or structure.

The WHS Regulation includes a number of specific requirements for consultation and information sharing to assist in meeting these duties, for example:

• manufacturers to consult with designers of plant
• importers to consult with designers and manufacturers of plant
• the person who commissions construction work to consult with the designer of the structure.

Workers

WHS Act section 28 Duties of workers

Workers have a duty to take reasonable care for their own health and safety and to not adversely affect the health and safety of other persons. Workers must comply with reasonable instructions, so far as they are reasonably able, and cooperate with reasonable health and safety policies or procedures that have been notified to workers. If personal protective equipment (PPE) is provided by the business or undertaking, the worker must so far as they are reasonably able, use or wear it in accordance with the information and instruction and training provided.

Other persons at the workplace

WHS Act section 29 Duties of other persons at the workplace

Other persons at the workplace, like visitors, must take reasonable care for their own health and safety and must take reasonable care not to adversely affect other people’s health and safety. They must comply, so far as they are reasonably able, with reasonable instructions given by the PCBU to allow the PCBU to comply with the WHS Act.

What is involved in managing risks?

Management commitment Effective risk management starts with a commitment to health and safety from those who operate and manage the business or undertaking. You also need the involvement and cooperation of your workers, supply chain partners, and other businesses you work with. Management commitment is about demonstrating you are serious about health and safety and influencing other duty holders in the workplace.

To demonstrate your commitment, you should:

• get involved in health and safety issues so that you understand the hazards and risk associated with your operations
• consult workers and other duty holders on the hazards and risk, and how to control them
• invest time and money in health and safety
• ensure you and your workers clearly understand health and safety responsibilities and have the knowledge and skill to do tasks safely
• apply health and safety values and behaviours to your own work practices.

A step-by-step process

A safe and healthy workplace does not happen by chance or guesswork. You have to think about what could go wrong at your workplace and what the consequences could be. Then you must do whatever you can (in other words, whatever is ‘reasonably practicable’) to eliminate or minimise health and safety risks arising from your business or undertaking.

This process is known as risk management and involves the four steps set out in this Code (see Figure 1 below):

• Identify hazards—find out what could cause harm.
• Assess risks, if necessary—understand the nature of the harm that could be caused by the hazard, how serious the harm could be and the likelihood of it happening. This step may not be necessary if you are dealing with a known risk with known controls.
• Control risks – implement the most effective control measure that is reasonably practicable in the circumstances and ensure it remains effective over time.
• Review hazards and control measures to ensure they are working as planned.

This process will be implemented in different ways depending on the size and nature of your business or undertaking. Larger businesses and those in sectors where workers are exposed to more or higher risks are likely to need more complex, sophisticated risk management processes.

Determining what is ‘reasonably practicable’

Deciding what is ‘reasonably practicable’ to protect people from harm requires taking into account and weighing up all relevant matters, including:

• the likelihood of the hazard or risk concerned occurring
• the degree of harm that might result from the hazard or risk
• knowledge about the hazard or risk, and ways of eliminating or minimising the risk
• the availability and suitability of ways to eliminate or minimise the risk
• after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

The process of managing risk described in this Code will help you decide what is reasonably practicable in particular situations so that you can meet your duty of care under the WHS laws.

Many hazards and their associated risks are well known and have well established and accepted control measures. In these situations, the second step to formally assess the risk is unnecessary. If, after identifying a hazard, you already know the risk and how to control it effectively, you can implement the controls without undertaking a risk assessment.

Risk management is a proactive process that helps you responds to change and facilitate continuous improvement in your business. It should be planned, systematic and cover all reasonably foreseeable hazards and associated risks.

Consulting workers

WHS Act section 47 Duty to consult workers WHS Act section 48 Nature of consultation

A PCBU must consult, so far as is reasonably practicable, with workers who carry out work for the business or undertaking and who are (or are likely to be) directly affected by a health and safety matter.

This duty to consult is based on the recognition that worker input and participation improves decision-making about health and safety matters and assists in reducing work-related injuries and disease.

The broad definition of a ‘worker’ under the WHS Act means a PCBU must consult, so far as is reasonably practicable, with contractors and sub-contractors and their employees, on-hire workers, outworkers, apprentices, trainees, work experience students, volunteers and other people who are working for the PCBU and who are, or are likely to be, directly affected by a health and safety matter.

Workers are entitled to take part in consultations and to be represented in consultations by a health and safety representative who has been elected to represent their work group.

Consultation with workers and their health and safety representatives is required at each step of the risk management process. By drawing on the experience, knowledge and ideas of your workers you are more likely to identify all hazards and choose effective control measures.

You should encourage your workers to report any hazards and health and safety problems immediately so that risks can be managed before an incident occurs.

If you have a health and safety committee, you should engage the committee in the risk management process as well.

Consulting, cooperating and coordinating activities with other duty holders

WHS Act section 46 Duty to consult with other duty holders

The WHS Act requires that a PCBU to consult, cooperate and coordinate activities with all other persons who have a work health or safety duty in relation to the same matter, so far as is reasonably practicable.

There is often more than one business or undertaking involved in the same activities or who share the same workplace that may each have responsibility for the same health and safety matters, either because they are involved in the same activities or share the same workplace.

In these situations, each duty holder should exchange information to find out who is doing what and work together in a cooperative and coordinated way so risks are eliminated or minimised so far as is reasonably practicable.

For example, if you engage labour hire workers as part of your workforce you share a duty of care to these workers with the business that provides them. In these situations, you must discuss the hazards and risks associated with the work and what precautions will be taken with the labour hire firm.

Never assume that someone else is taking care of a health and safety matter. Find out who is doing what and work together with other duty holders in a cooperative and coordinated way so risks are eliminated or minimised as far as reasonably practicable.

When entering into contracts you should communicate your safety requirements and policies, review the job to be undertaken, discuss any safety issues that may arise and how they will be dealt with. Remember that you cannot transfer your responsibilities to another person.

Further guidance on WHS consultation is available in the: Work health and safety consultation, cooperation and coordination Code of Practice.

When should a risk management approach be used?

Managing work health and safety risks is an ongoing process that needs attention over time, but particularly when any changes affect your work activities.

Examples of when you should work through the steps in this Code include:

• starting a new business
• expanding or purchasing an existing business
• changing work practices, procedures or the work environment
• changing organisational structure or job roles
• introducing new workers or returning workers to the workplace
• purchasing new or used equipment or using new substances
• working with a new supplier or new commissioner of your services
• planning to improve productivity or reduce costs
• new information about workplace risks becomes available
• responding to workplace incidents (even if they have caused no injury)
• responding to concerns raised by workers, health and safety representatives or others at the workplace, or
• required by the WHS Regulation for specific hazards.

It is also important to use the risk management approach when designing and planning products, processes or places used for work, because it is often easier and more effective to eliminate hazards before they are introduced into a workplace by incorporating safety features at the design stage.

The risk management process outlined in this Code should be applied to both physical and psychological risks.

Step 1—How to identify hazards

Identifying hazards in the workplace involves finding things and situations that could potentially cause harm to people. Hazards generally arise from the following aspects of work and their interaction:

• physical work environment
• equipment, materials and substances used
• work tasks and how they are performed
• work design and management.

Some hazards are part of the work process, such as mechanical hazards, noise or toxic properties of substances. Other hazards result from equipment or machine failures and misuse, chemical spills and structural failures, or where work demands exceed a worker’s ability to cope. A piece of plant, substance or a work process may have many different hazards. Each of these hazards needs to be identified. For example, a production line may have dangerous moving parts, noise, hazards associated with manual tasks and psychosocial hazards due to the pace of work.

How to find hazards

Inspect the workplace As a PCBU regularly walking around the workplace and observing how things are done can help you predict what could or might go wrong. Look at how people actually work, how plant and equipment are used, what chemicals are around and what they are used for, what safe or unsafe work practices exist as well as the general state of housekeeping.

Things to look out for include the following:

• Does the work environment enable workers to carry out work without risks to health and safety (for example, space for unobstructed movement, adequate ventilation, lighting)?
• How is work performed, including the physical, mental and emotional demands of the tasks and activities?
• How suitable are the tools and equipment for the task and how well are they maintained?
• How do workers, managers, supervisors and others interact and how are inappropriate behaviours or conflicts dealt with?
• Have any changes occurred in the workplace which may affect health and safety? Hazards are not always obvious.

Some hazards can affect health over a long period of time or may result in stress (such as bullying) or fatigue (such as shiftwork). Also think about hazards that you may bring into your workplace with new, used or hired goods (for example, worn insulation on a hired welding set).

As you walk around, you may spot straightforward problems and action should be taken on these immediately, for example cleaning up a spill. If you find a situation where there is immediate or significant danger to people, move those persons to a safer location first and attend to the hazard urgently.

Follow up on why the situation occurred to identify additional hazards and risks. Make a list of the hazards you find, including the ones you know are already being dealt with, to ensure that nothing is missed. This list can be kept and updated next time you do an inspection. You may use a checklist designed to suit your workplace to help you find and make a note of hazards.

Good work design and safe design

The best chance to find ways to eliminate hazards and minimise risks is during the design phase. Effective design of ‘good work’ considers the work tasks, work systems, the physical working environment, and the workers and others in the workplace.

Safe design of buildings, structures, equipment and vehicles accounts for the hazards and risks present at all stages of the product’s lifecycle. For more information on safe design principles and how to achieve safe design, see the Safe design of structures Code of Practice.

Consult your workers

Ask your workers about any health and safety problems they have encountered in doing their work and any near misses or incidents that have not been reported. Worker surveys may also be undertaken to obtain information about matters such as workplace bullying, as well as muscular aches and pains that can signal potential hazards.

Consult your supply chains and networks

Talk with your suppliers or those commissioning your services to understand each other have needs and identify any hazards and risks. For example, hazards may relate to frequent pressure to deliver services in very tight timeframes or to delay service delivery for long periods which reduce workers’ opportunities to rest.

Other hazards may relate to packaging products in ways that increase workers’ risks of musculoskeletal injury or exposure to hazardous chemicals. When people within a supply chain act cooperatively they can exert greater influence on health and safety than when acting alone.

Review available information

Information and advice about hazards and risks relevant to particular industries and types of work is available from regulators, industry associations, unions, technical specialists and safety consultants.

Manufacturers and suppliers can also provide information about hazards and safety precautions for specific substances (safety data sheets), plant or processes (instruction manuals).

Analyse your records of health monitoring, workplace incidents, near misses, worker complaints, sick leave and the results of any inspections and investigations to identify hazards. If someone has been harmed doing a particular task, then a hazard exists that could hurt someone else. These incidents need to be investigated to find the hazard that caused the injury or illness.

Step 2—How to assess risks

A risk assessment involves considering what could happen if someone is exposed to a hazard and the likelihood of it happening.

A risk assessment can help you, as a PCBU, to determine:

• how severe a risk is
• whether any existing control measures are effective
• what action you should take to control the risk
• how urgently the action needs to be taken.

Many hazards and their associated risks are well known and have well established and accepted control measures. In these situations, the second step to formally assess the risk is not required. If after identifying a hazard you already know the risk and how to control it effectively, you may simply implement the controls.

A risk assessment can be undertaken with varying degrees of detail depending on the type of hazard and the information, data and resources that you have available. It can be as simple as a discussion with your workers or involve specific risk analysis tools and techniques developed for specific risks or recommended by safety professionals. For some complex situations, expert or specialist advice may be useful when conducting a risk assessment.

When should a risk assessment be carried out?

A risk assessment should be done when:

• there is uncertainty about how a hazard may result in injury or illness
• the work activity involves a number of different hazards and there is a lack of understanding about how the hazards may interact with each other to produce new or greater risks, or
• changes at the workplace occur that may impact on the effectiveness of control measures.

In some circumstances, a risk assessment will assist to:

• identify which workers are at risk of exposure
• determine what sources and processes are causing the risk
• identify if and what kind of control measures should be implemented
• check the effectiveness of existing control measures.

A risk assessment is mandatory under the WHS Regulation for certain activities that are high risk such as, but not limited to, entry into confined spaces, diving work and live electrical work.

Some hazards that have exposure standards, such as noise and airborne contaminants, may require scientific testing or measurement by a competent person to accurately assess the risk and to check that the relevant exposure standard is not being exceeded (for example, by using noise meters to measure noise levels and using gas detectors to analyse oxygen levels in confined spaces).

A risk assessment is not required when legislation requires a hazard or risk to be controlled in a specific way—these requirements must be complied with.

A detailed risk assessment may not be required in the following situations:

• A code of practice or other guidance sets out a way of controlling a hazard or risk that is applicable to your situation.
• There are well-known and effective controls that are in use in the particular industry that are suited to the circumstances in your workplace.

In these situations, you may be able to simply implement these control measures. A risk assessment may be appropriate to reuse in situations where all the hazards, tasks, things, workers or circumstances are the same and no worker or other person will be exposed to greater, additional or different risks. However, as stated above, if there are any changes at the workplace, a new risk assessment should be performed.

How to do a risk assessment

Hazards have the potential to cause different types and severities of harm ranging from minor discomfort to a serious injury or death. For example, heavy liquefied petroleum gas (LPG) cylinders can cause muscular strain when they are handled manually.

However, if the cylinder is damaged causing gas to leak, which is then ignited, a fire could result in serious burns. If that leak occurs in a storeroom or similar enclosed space, it could result in an explosion that could destroy the building and kill or injure anyone nearby.

Each of the outcomes involves a different type of harm with a range of severities, and each has a different likelihood of occurrence. The risk will increase as the severity and likelihood of harm increases.

Work out how hazards may cause harm

In most cases, incidents occur as a result of a chain of events and a failure of one or more links in that chain. If one or more of the events can be stopped or changed, the risk may be eliminated or reduced.

One way of working out the chain of events is to determine the starting point where things begin to go wrong and then consider: ‘If this happens, what may happen next?’ This will provide a list of events that sooner or later cause harm.

In thinking about how each hazard may cause harm, you should consider:

• the effectiveness of existing control measures and whether they control all types of harm
• how work is actually done, rather than relying on written manuals and procedures
• infrequent or abnormal situations, as well as how things are normally meant to occur.

Consider how harm could be caused during maintenance and cleaning, as well as breakdowns of equipment and failures of health and safety controls.

Work out how severe the harm could be

• To estimate the severity of harm that could result from each hazard you should consider the following questions:
• What type of harm could occur (for example muscular strain, injuries due to fatigue, psychological injury, burns, laceration)? How severe is the harm? Could the hazard cause death, serious injuries, illness or only minor injuries requiring first aid?
• What factors could influence the severity of harm that occurs? For example, the distance someone might fall or the concentration of a particular substance will determine the level of harm that is possible. The harm may occur immediately if something goes wrong (for example injury from a fall) or it may take time for it to become apparent (for example illness from long-term exposure to a substance or to excessive work demands).
• Do you need to use specific tools or processes to assess how severe the harm could be? This could include sending samples to a lab for testing or arranging noise exposure level testing.
• How many people are exposed to the hazard and how many could be harmed in and outside your workplace? For example, a mobile crane collapse on a busy construction site has the potential to kill or injure a large number of people.
• Could one failure lead to other failures? For example, could the failure of your electrical supply make any control measures that rely on electricity ineffective?
• Could a small event escalate to a much larger event with more serious consequences? For example, a minor fire can get out of control quickly in the presence of large amounts of combustible materials.

Work out the likelihood of harm occurring

The likelihood that someone will be harmed can be estimated by considering the following:

• How often is the task done? Does this make the harm more or less likely?
• How often are people near the hazard? How close do people get to it?
• Has it ever happened before, either in your workplace or somewhere else? How often?

Table 2 contains further questions that can help you estimate likelihood. You can rate the likelihood as one of the following:

• Certain to occur—expected to occur in most circumstances.
• Very likely—will probably occur in most circumstances.
• Possible—might occur occasionally.
• Unlikely—could happen at some time.
• Rare—may happen only in exceptional circumstances.

Table 2 Questions to help estimate likelihood of harm occurring.

Questions	Explanations and examples
How often are people exposed to the hazard?	A hazard may exist all of the time or it may only exist occasionally. The more often a hazard is present, the greater the likelihood it will result in harm. For example: Meshing gears in an enclosed gearbox can cause crushing only if the gearbox is open during maintenance, and therefore the potential for harm will not occur very often. Continuously lifting heavy boxes has the potential to cause harm whenever the work is done.
How long might people be exposed to the hazard?	The longer that someone is exposed to a hazard, the greater the likelihood that harm may result. For example: The longer a person is exposed to noisy work, the more likely it is that they will suffer hearing loss.
How effective are current controls in reducing risk?	In most cases the risks being assessed will already be subject to some control measures. The likelihood of harm resulting from the risk will depend upon how adequate and effective the current measures are. For example: Traffic management controls have been implemented in a warehouse to separate moving forklifts from pedestrians by using signs and painted lines on the floor. These controls may need to be upgraded to include physical barriers.
Could any changes in your organisation increase the likelihood?	The demand for goods or services in many organisations varies throughout the year. Changes in demand may be seasonal, depend on environmental conditions or be affected by market fluctuations that are driven by a range of events. Meeting increased demand may cause unusual loads on people, plant and equipment and systems of work. Failures may be more likely. For example: Inner city restaurants and bistros are very busy in the period prior to Christmas, placing extra demands on kitchen and serving staff. The increase in volume of food to be prepared and serving a larger number of patrons increases the potential for human error and the likelihood of harm.
Are hazards more likely to cause harm because of the working environment?	Examples of situations where the risk of injury or illness may become more likely: Environmental conditions change. For example, work performed in high temperatures in a small space increases the potential for mistakes because workers become fatigued more quickly; wet conditions make walkways and other things slippery. People are required to work quickly. The rate at which work is done (for example, number of repetitions) can over-stress a person’s body or make it more likely that mistakes will be made. There is insufficient light or poor ventilation.
Could the way people act and behave affect the likelihood of a hazard causing harm?	The possibility that people may make mistakes, misuse items, become distracted or panic in particular situations needs to be taken into account. The effects of fatigue or stress may make it more likely that harm will occur.
Do the differences between individuals in the workplace make it more likely for harm to occur?	Workers are not all the same and individual variability should be considered, for example: People respond to stress at work in different ways, which means some workers are more susceptible to harm. People with disabilities may be more likely to suffer harm if the workplace or process is not designed for their needs. New or young workers may be more likely to suffer harm because of inexperience. People who do not normally work at the workplace will have less knowledge than employees who normally work there and may be more likely to suffer harm. These people include contractors, visitors or members of the public.

Step 3—How to control risks

The most important step in managing risks involves eliminating them so far as is reasonably practicable, or if that is not reasonably practicable, minimising the risks so far as is reasonably practicable. In deciding how to control risks, as a PCBU, you must consult your workers and their representatives who will be directly affected by this decision.

Their experience will help you choose appropriate control measures and their involvement will increase the level of acceptance of any changes that may be needed to the way they do their job. There are many ways to control risks. Some control measures are more effective than others. You must consider various control options and choose the control that most effectively eliminates the hazard or minimises the risk in the circumstances.

This may involve a single control measure or a combination of different controls that together provide the highest level of protection that is reasonably practicable. Some problems can be fixed easily and should be done straight away, while others will need more effort and planning to resolve. Of those requiring more effort, you should prioritise areas for action, focusing first on those hazards with the highest level of risk.

The hierarchy of control measures

The ways of controlling risks are ranked from the highest level of protection and reliability to the lowest as shown in Figure 2. This ranking is known as the hierarchy of control measures.

The hierarchy of control measures can be applied in relation to any risk. The WHS Regulation makes it mandatory for duty holders to work through this hierarchy when managing certain risks. Figure 2 The hierarchy of control measures.

You must always aim to eliminate the risk, which is the most effective control. If this is not reasonably practicable, you must minimise the risk by working through the other alternatives in the hierarchy.

The lower levels in the hierarchy are less effective because controls that change the hazard or minimise exposure to the hazard can only minimise the risk. You cannot eliminate the risk without eliminating the hazard.

Administrative controls and PPE are the least effective at minimising risk because they do not control the hazard at the source and rely on human behaviour and supervision. These control measures should only be used:

• to supplement higher level control measures (as a back-up)
• as a short-term interim measure until a more effective way of controlling the risk can be used, or
• when there are no other practical control measures available (as a last resort).

Elimination

The most effective control measure involves eliminating the hazard and associated risk. The best way to do this is by, firstly, not introducing the hazard into the workplace. For example, you can eliminate the risk of a fall from height by doing the work at ground level. Eliminating hazards is often cheaper and more practical to achieve at the design or planning stage of a product, process or place used for work. In these early phases, there is greater scope to design out hazards or incorporate risk control measures that are compatible with the original design and functional requirements.

For example, not using a noisy machine will be more effective than providing workers with personal hearing protectors. You can also eliminate risks by removing an existing hazard, for example, by removing trip hazards on the floor, disposing of unwanted chemicals, or not working in an isolated or remote area. It may not be reasonably practicable to eliminate a hazard if doing so means that you cannot make the end product or deliver the service. If you cannot eliminate the hazard, then you must minimise as many of the risks associated with the hazard as reasonably practicable.

Substitution, isolation and engineering controls

If it is not reasonably practicable to eliminate the hazards and associated risks, you must minimise the risks using one or more of the following approaches, so far as is reasonably practicable.

Substitute the hazard with something safer

For instance, replace solvent-based paints with water-based ones or allow workers to have more control of line speed instead of pacing line work by computer.

Isolate the hazard from people

This involves physically separating the source of harm from people by distance or using barriers. For instance, install guardrails around exposed edges and holes in floors; use remote control systems to operate machinery; store chemicals in a fume cabinet; place barriers between workers and customers where there is a risk of assault.

Use engineering controls

An engineering control is a control measure that is physical in nature, including a mechanical device or process. For instance, use mechanical devices such as trolleys or hoists to move heavy loads; place guards around moving parts of machinery; install residual current devices (electrical safety switches); set work rates on a production line to reduce fatigue; install sound dampening measures to reduce exposure to unpleasant or hazardous noise.

Administrative controls

If risks remain, they must be minimised by implementing administrative controls so far as is reasonably practicable. Administrative controls include work methods or procedures that are designed to minimise exposure to a hazard as well as the information, training and instruction needed to ensure workers can work safely.

For instance, develop procedures on how to operate machinery safely; provide training and support to managers and workers to identify and manage health and safety risks; implement anti-bullying policies; limit exposure time to a hazardous task; and/or use signs to warn people of a hazard. Some administrative measures will be necessary to ensure substitution, isolation and engineering controls are implemented effectively, for example, following safe work procedures when using equipment.

Personal protective equipment (PPE)

Any remaining risks must be minimised with suitable PPE. Examples of PPE include ear muffs, respirators, face masks, hard hats, gloves, aprons and protective eyewear. PPE limits exposure to the harmful effects of a hazard but only if workers wear and use the PPE correctly.

WHS Act section 44 Provision to workers and use of personal protective equipment

If PPE is to be used at the workplace, you must ensure the equipment is:

• Selected to minimise risk to health and safety, including by ensuring that the equipment is suitable for the nature of the work and any hazard associated with the work and is of suitable size and fit and reasonably comfortable for the worker who is to use or wear it.
• Maintained, repaired and replaced so that is continues to minimise risk to the worker who uses it, including by ensuring that the equipment is clean and hygienic, and in good working order.

If you direct the carrying out of work, you must provide the worker with information, training and instruction in the proper use and wearing of PPE, and the storage and maintenance of PPE. A worker must, so far as reasonably able, use or wear the PPE in accordance with any information, training or reasonable instruction and must not intentionally misuse or damage the equipment.

How to develop and implement control options

Information about suitable controls for many common hazards and risks can be obtained from:

• codes of practice and guidance material
• manufacturers and suppliers of plant, substances and equipment used in your workplace, or
• industry associations and unions. In some cases, published information will provide guidance on the whole work process.

In other cases, the guidance may relate to individual items of plant or how to safely use specific substances. You may use the recommended control options if they suit your situation and eliminate or minimise the risk.

Developing specific control measures

You may need to develop specific control measures if the available information is not relevant to the hazards and risks or circumstances at your workplace. This can be done by referring to the chain of events that were recorded during the risk assessment. For each of the events in the sequence, ask: ‘What can be done to stop or change the event occurring?’

Working through the events in the sequence will give you ideas about possible ways to eliminate or minimise the risk. There may be more than one solution for each of the events. The control option you choose should be:

• one or more controls that provide the highest level of protection for people and is the most reliable—that is, controls located towards the top of the hierarchy in Figure 2
• available—that is, it can be purchased, made to suit or be put in place
• suitable for the circumstance in your workplace—that is, it will work properly given the workplace conditions, work process and your workers.

Where the hazard or risk has the potential to cause death, serious injury or illness, more emphasis should be given to those controls that eliminate or reduce the level of harm, than those that reduce the likelihood of harm occurring.

Make sure that your chosen solution does not introduce new hazards. If this is not possible, any new hazards or risks introduced will also need to be managed. You may prepare a risk register that identifies the hazards, what action needs to be taken, who will be responsible for taking the action and by when.

Cost of control measures

All risks can be controlled and it is always possible to do something, such as stopping the activity or providing instructions to those exposed to the risk. There will normally be a number of different options between these two extremes. Cost (in terms of time and effort as well as money) is just one factor to consider when determining the best control option. The cost of controlling risk may be taken into account in determining what is reasonably practicable but cannot be used as a reason for doing nothing.

The greater the likelihood of harm occurring or the greater the extent of that harm, the less weight should be given to the cost of controlling the hazard or risk. If two control measures provide the same level of protection and are equally reliable, you can adopt the less expensive option. Cost cannot be used as a reason for adopting controls that rely exclusively on changing people’s behaviour or actions when there are more effective controls available that can change the risk through substitution, engineering or isolation.

Implementing controls

The control measures you put into operation will usually require changes to the way work is carried out, for example, working with new or modified equipment or processes, new or different chemicals or new PPE. In these situations, it is necessary to support the control measures with the following:

Work procedures

Develop a safe work procedure that describes the task, identifies the hazards and documents how the task is to be performed to minimise the risks.

Training, instruction and information

Train your workers in the work procedure to ensure that they are able to perform the task safely. Training must cover the nature of the work, the associated risks and the control measures to be implemented. Training should require workers to demonstrate that they are competent in performing the task according to the procedure. It is insufficient to simply give a worker the procedure and ask them to acknowledge that they understand and are able to perform it.

Training, instruction and information must be provided in a form that can be understood by all workers. Information and instruction may also need to be provided to others who enter the workplace, such as customers or visitors.

Supervision

The level of supervision required will depend on the level of risk and the experience of the workers involved. High levels of supervision are necessary where inexperienced workers are expected to follow new procedures or carry out difficult and critical tasks.

Maintenance

Control measures need regular monitoring and maintenance to ensure they remain effective. You should decide what is required when you implement the control and establish a schedule for routine checks and maintenance appropriate to the controls. You may prepare a risk register identifying the hazards, what action needs to be taken, who will be responsible for taking the action and by when.

How to ensure controls remain effective

An important part of controlling risk is ensuring that your chosen control measures are maintained after their initial implementation. The following actions may help you monitor the control measures you have implemented and ensure that they remain effective.

Accountability for health and safety

Managers and supervisors should be provided with the authority and resources to implement and maintain control measures effectively. Accountability should be clearly allocated to ensure procedures are followed and maintained.

Maintenance of plant and equipment

This will involve scheduling and performing regular inspection and testing, repair or replacement of damaged or worn plant and equipment. It includes checking that any control measures are suitable for the nature and duration of work, are set up and used correctly. Further information on maintaining plant and equipment is available in the Managing the risks of plant in the workplace Code of Practice.

Up-to-date training and competency

Most control measures depend on workers and supervisors having the appropriate competencies to do the job safely. Training must be provided to maintain competencies and to ensure new workers are capable of working safely.

Up-to-date hazard information

Information about hazards, such as plant and substances, may be updated by manufacturers and suppliers and should be checked to make sure controls are still relevant. New technology may provide more effective solutions than were previously available. Changes to operating conditions or the way activities are carried out may also mean that control measures need to be updated.

Regular review and consultation

Control measures are more effective where there is regular review of work procedures and consultation with your workers and their representatives.

If maintenance processes reveal new hazards, or existing hazards that are not being addressed, you will need to perform a review of your control measures.

Step 4—How to review controls

The control measures you, as a PCBU, put in place should be reviewed regularly to make sure they work as planned. Don’t wait until something goes wrong. The WHS Regulation requires a risk management process for specific risks. That process includes circumstances where you must review your control measures for those risks and, if necessary, change them.

A review is required:

• when the control measure is not effective in controlling the risk
• before a change at the workplace that is likely to give rise to a new or different health and safety risk that the control measure may not effectively control
• if a new hazard or risk is identified
• if the results of consultation indicate that a review is necessary, or
• if a health and safety representative requests a review. In any case, as part of your ongoing duties as a PCBU, you should regularly review your control measures, including in the above circumstances.

Managing work health and safety risks is an ongoing process that needs attention over time, but particularly when any changes affect your work activities.

You may use the same methods as in the initial hazard identification step to check controls. Consult your workers and their health and safety representatives and consider the following questions:

• Are the control measures working effectively in both their design and operation?
• Have the control measures introduced new problems?
• Have all hazards been identified?
• Have new work methods, new equipment or chemicals made the job safer?
• Are safety procedures being followed?
• Have the instruction and training provided to workers on how to work safely been successful?
• Are workers actively involved in identifying hazards and possible control measures? Are they openly raising health and safety concerns and reporting problems promptly?
• Are the frequency and severity of health and safety incidents reducing over time?
• If new legislation or new information becomes available, does it indicate current controls may no longer be the most effective?

If problems are found, go back through the risk management steps, review your information and make further decisions about risk control. Priority for review should be based on the level of risk. Control measures for high risks should be reviewed more frequently. If you design, manufacture or supply products used for work, quality assurance processes may be used to check the product effectively minimises health and safety risks. Obtain feedback from users of the product to determine whether any improvements can be made to make it safer.

Keeping records

Keeping records of the risk management process demonstrates what you have done to comply with the WHS Act and the WHS Regulation. It also helps when undertaking subsequent risk management activities, including reviewing your control measures. Keeping records of the risk management process has the following benefits. It:

• allows you to demonstrate how decisions about controlling risks were made
• assists in targeting training at key hazards
• provides a basis for preparing safe work procedures
• allows you to more easily review risks following any changes to legislation or business activities
• demonstrates to others (regulators, investors, shareholders, customers) that work health and safety risks are being managed. The detail and extent of recording will depend on the size of your workplace and the potential for major work health and safety issues.

It is useful to keep information on:

• the identified hazards, assessed risks and chosen control measures (including any hazard checklists, worksheets and assessment tools used in working through the risk management process)
• how and when the control measures were implemented, monitored and reviewed
• who you consulted with
• relevant training records
• any plans for changes.

There are specific record-keeping requirements in the WHS Regulation for some hazards, such as hazardous chemicals, plant and equipment. If such hazards have been identified at your workplace, you must keep the relevant records for the time specified. You should ensure that everyone in your workplace is aware of record-keeping requirements, including which records are accessible and where they are kept.

Assessing how things can go wrong

It may be helpful to think through work processes or situations to identify what could go wrong. Note any hazards, risks and control measures identified as you go. Once completed, you should consider the hazards and risks you identified and implement control measures in line with the hierarchy of control measures in order to eliminate or minimise the risks, so far as is reasonably practicable.

A customer comes into the service area with an issue about service	What can stop or change this?	Service needs to be provided to customers who come into the service area. A telephone complaints service may remove some potential for customers to go to the service area.
What may happen next?
The customer service officer is unable to satisfy the customer's concerns or issues.	What can stop or change this?	Providing customers with information about the extent of services & polices, and providing training to the customer service officer, may reduce the chance of dissatisfaction.
What may happen next?
During the service discussion with the customer service office, the customer becomes upset.	What can stop or change this?	Providing customer service officers with training on conflict resolution and dealing with difficult situations may prevent customers becoming upset. Ensuring other staff are available to assist.
What may happen next?
The customer service officer is unable to calm the customer and the customer becomes aggressive	What can stop or change this?	Implementing procedures for customer service officers to disengage with the customers safely is one way of managing the escalating situation.
What may happen next?
The situation escalates. There is no protection offered by the counter.	What can stop or change this?	Change the service counter or area so that customer service officers are separated from customers or provide an escape route to a safe place.
What may happen next?
The customer service officer is assaulted and suffers injury, shock and related problems.	What can stop or change this?	Ensure that there are emergency procedures in place to stop assault. Ensure that there is first aid available to deal with the outcomes of an assault. Ensure that counselling is available to support the victim.

This information sheet provides general guidance on mandatory reporting requirements for ‘notifiable incidents’ under Work Health and Safety (WHS) legislation.

Businesses and undertakings must notify their work health and safety regulator of certain ‘notifiable incidents’ at work. This information sheet will help you decide when you need to notify the regulator of a work-related death, injury, illness or dangerous incident.

Work health and safety regulators are committed to preventing work-related deaths and injuries. Notifying the regulator of ‘notifiable incidents’ can help identify causes of incidents and prevent similar incidents at your workplace and other workplaces.

The WHS law requires:

• a ‘notifiable incident’ to be reported to the regulator immediately after becoming aware it has happened
• if the regulator asks—written notification within 48 hours of the request, and
• the incident site to be preserved until an inspector arrives or directs otherwise (subject to some exceptions).

Failing to report a ‘notifiable incident’ is an offence and penalties apply.

What is a ‘notifiable incident’

A ‘notifiable incident’ is:

• the death of a person
• a ‘serious injury or illness’, or
• a ‘dangerous incident’

arising out of the conduct of a business or undertaking at a workplace.

‘Notifiable incidents’ may relate to any person—whether an employee, contractor or member of the public.

Serious injury or illness

Only the most serious health or safety incidents are notifiable, and only if they are work-related. They trigger requirements to preserve the incident site pending further direction from the regulator.

Serious injury or illness must be notified if the person requires any of the types of treatment in the following table:

Types of treatment	Example
Immediate treatment as an in-patient in a hospital	Admission into a hospital as an in-patient for any duration, even if the stay is not overnight or longer. It does not include: Out-patient treatment provided by the emergency section of a hospital (i.e. not requiring admission as an in-patient) Admission for corrective surgery which does not immediately follow the injury (e.g. to fix a fractured nose).
Immediate treatment for the amputation of any part of the body	Amputation of a limb such as arm or leg, body part such as hand, foot or the tip of a finger, toe, nose or ear.
Immediate treatment for a serious head injury	Fractured skull, loss of consciousness, blood clot or bleeding in the brain, damage to the skull to the extent that it is likely to affect organ/face function. Head injuries resulting in temporary or permanent amnesia. It does not include: A bump to the head resulting in a minor contusion or headache.
Immediate treatment for a serious eye injury	Injury that results in or is likely to result in the loss of the eye or total or partial loss of vision. Injury that involves an object penetrating the eye (for example metal fragment, wood chip). Exposure of the eye to a substance which poses a risk of serious eye damage. It does not include: Eye exposure to a substance that merely causes irritation.
Immediate treatment for a serious burn	A burn requiring intensive care or critical care which could require compression garment or a skin graft. It does not include: A burn that merely requires washing the wound and applying a dressing.
Immediate treatment for the separation of skin from an underlying tissue (such as de-gloving or scalping)	Separation of skin from an underlying tissue such that tendon, bone or muscles are exposed (de-gloving or scalping). It does not include: Minor lacerations.
Immediate treatment for a spinal injury	Injury to the cervical, thoracic, lumbar or sacral vertebrae including the discs and spinal cord. It does not include: Acute back strain.
Immediate treatment for the loss of a bodily function	Loss of consciousness, loss of movement of a limb or loss of the sense of smell, taste, sight or hearing, or loss of function of an internal organ. It does not include: Mere fainting A sprain or strain.
Immediate treatment for serious lacerations	Deep or extensive cuts that cause muscle, tendon, nerve or blood vessel damage or permanent impairment. Deep puncture wounds. Tears of wounds to the flesh or tissues—this may include stitching to prevent loss of blood and/or other treatment to prevent loss of bodily function and/or infection.
Medical treatment within 48 hours of exposure to a substance	‘Medical treatment’ is treatment provided by a doctor. Exposure to a substance includes exposure to chemicals, airborne contaminants and exposure to human and/or animal blood and body substances.

Notification is also required for the following serious illnesses:

• Any infection where the work is a significant contributing factor. This includes any infection related to carrying out work:
  • with micro-organisms
  • that involves providing treatment or care to a person
  • that involves contact with human blood or body substances
  • that involves handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products.
• The following occupational zoonoses contracted in the course of work involving handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products:
  • Q fever
  • Anthrax
  • Leptospirosis
  • Brucellosis
  • Hendra Virus
  • Avian Influenza
  • Psittacosis.

Treatment

‘Immediate treatment’ means the kind of urgent treatment that would be required for a serious injury or illness. It includes treatment by a registered medical practitioner, a paramedic or registered nurse.

‘Medical treatment’ refers to treatment by a registered medical practitioner (a doctor).

Even if immediate treatment is not readily available, for example because the incident site is rural or remote or because the relevant specialist treatment is not available, the notification must still be made.

Still unsure?

If you are still unsure about whether a particular incident should be notified then contact your regulator for advice or further guidance. Contact details are included below.

Dangerous incidents including ‘near misses’

Some types of work-related dangerous incidents must be notified even if no-one is injured.

The regulator must be notified of any incident in relation to a workplace that exposes any person to a serious risk resulting from an immediate or imminent exposure to:

• an uncontrolled escape, spillage or leakage of a substance
• an uncontrolled implosion, explosion or fire
• an uncontrolled escape of gas or steam
• an uncontrolled escape of a pressurised substance
• electric shock:
  • examples of electrical shock that are not notifiable
    • shock due to static electricity
• ‘extra low voltage’ shock (i.e.  arising from electrical equipment less than or equal to 50V AC and less than or equal to 120V DC)
• defibrillators are used deliberately to shock a person for first aid or medical reasons
  • examples of electrical shocks that are notifiable
    • minor shock resulting from direct contact with exposed live electrical parts (other than ‘extra low voltage’) including shock from capacitive discharge
• the fall or release from a height of any plant, substance or thing
• the collapse, overturning, failure or malfunction of, or damage to, any plant that is required
• to be design or item registered under the Work Health and Safety Regulations, for example a collapsing crane
• the collapse or partial collapse of a structure
• the collapse or failure of an excavation or of any shoring supporting an excavation
• the inrush of water, mud or gas in workings, in an underground excavation or tunnel, or
• the interruption of the main system of ventilation in an underground excavation or tunnel.

A dangerous incident includes both immediate serious risks to health or safety, and also a risk from an immediate exposure to a substance which is likely to create a serious risk to health or safety in the future, for example asbestos or hazardous chemicals.

Only work-related incidents are notifiable
To be notifiable, an incident must arise out of the conduct of the business or undertaking.

An incident is not notifiable just because it happens at or near a workplace.

Incidents may happen for reasons which do not have anything to do with work or the conduct of the business or undertaking, for example:

• a worker or another person suffers a heart attack while at work which is unrelated to work or the conduct of the business or undertaking
• an amateur athlete is injured while playing for the local soccer team and requires immediate medical treatment (this is not work)
• a person driving to work is injured in a car accident (where driving is not part of their work)
• a person with epilepsy has a seizure at work.

These kinds of incidents are not notifiable.

Work-related incidents that occur outside a workplace may be notifiable
Work-related incidents may affect people outside the workplace. These may still be notifiable if they involve a death, serious illness or injury or a dangerous incident. For example:

• an object like a hand tool falls off a multi-storey building under construction hitting a person below
• scaffold collapse that causes a risk of serious injury to persons adjacent to a construction site
• an awning over a shop-front collapses, hitting a person underneath it.

Appendix A provides more information about incidents at public places or sporting events.

Who is responsible for notifying?
Any person conducting a business or undertaking (PCBU) from which the ‘notifiable incident’ arises must ensure the regulator is notified immediately after becoming aware it has happened.

Procedures should be put into place to ensure work health and safety incidents are promptly notified to the people responsible for responding to them, for example a manager and then notified to the regulator, if required.

Incidents involving multiple businesses or undertakings
If a ‘notifiable incident’ arises out of more than one business or undertaking then each must ensure that the incident has been notified to the regulator.

There is no need for all duty holders to notify—only one needs to. However, all duty holders retain their responsibility to notify, regardless of any agreement between them.

In these circumstances the duty holders must, so far as is reasonably practicable, consult, cooperate and coordinate to put appropriate reporting and notification arrangements in place.

For example contractors at a construction workplace may agree that the principal contractor for the workplace will notify all ‘notifiable incidents’ that occur at the workplace.

Incidents involving a ‘State-based contractor working for a Commonwealth entity’
Workplaces shared by a Commonwealth entity and one or more state-based contractors may be covered by both Commonwealth and state or territory work health and safety (WHS) laws.

For example an asbestos removal company is engaged by the Department of Defence (Defence) to carry out asbestos removal work at Randwick Army Barracks in Sydney and a dangerous incident occurs (as defined above). Because the incident has occurred at a place where work is carried out for Defence (on behalf of the Commonwealth) the company must ensure that both Comcare and WorkCover NSW are notified of the incident. Defence and the company may co-operate so that only one notification is made to Comcare on behalf of both.

When and how to notify
You must notify the regulator immediately after becoming aware of a ‘notifiable incident’.

The notice must be given by the fastest possible means—which could be by telephone or in writing, for example by email or online (if available). See page 8 for contact details.

• Regulators have adopted a common-sense approach to assessing whether an incident has been notified immediately. This means incidents must be notified as soon as the particular circumstances permit.

In general a PCBU ‘becomes aware’ of a notifiable incident once any of their supervisors or managers becomes aware of the incident. For example when a worker suffers a serious injury and reports it to their immediate supervisor, it is at this point that the PCBU is considered to be aware of the incident.

It is therefore essential to develop internal communication systems to ensure health or safety incidents are promptly brought to the relevant persons’ attention.

What information will be requested?
At first, the regulator will ask for a clear description of the incident with as much detail as possible. This will help the regulator assess whether or not the incident is notifiable and the need for a follow-up investigation. The following information is usually requested:

What happened: an overview	Provide an overview of what happened. Nominate the type of notifiable incident—was it death, serious injury or illness, or ‘dangerous incident’ (as defined above)?
When did it happen	Date and time.
Where did it happen	Incident address. Details that describe the specific location of the notifiable incident—for example section of the warehouse or the particular piece of equipment that the incident involved—to assist instructions about site disturbance.
What happened	Detailed description of the notifiable incident.
Who did it happen to	Injured person’s name, date of birth, address and contact number. Injured person’s occupation. Relationship of the injured person to the entity notifying.
How and where are they being treated (if applicable)	Description of serious injury or illness—i.e. nature of injury Initial treatment of serious injury or illness. Where the patient has been taken for treatment.
Who is the person conducting the business or undertaking (there may be more than one)	Legal and trading name. Business address (if different from incident address), ABN/ACN and contact details including phone number and email.
What has/is being done	Action taken or intended to be taken to prevent recurrence (if any).
Who is notifying	Notifier’s name, contact phone number and position at workplace.  Name, phone number and position of person to contact for further information (if different from above).

Notify immediately, and provide the information you can, even if you do not have all of the required information.

The regulator may follow-up with a request for more information later if necessary. You must provide the required information in writing within 48 hours of the request being made.

Can work continue where the incident occurred?
An incident site must not be disturbed until an inspector arrives at the site or directs otherwise (whichever is earlier). The person with management or control of the workplace is responsible for preserving the incident site, so far as is reasonably practicable.

Any evidence that may assist an inspector to determine the cause of the incident must be preserved—including any plant, substance, structure or thing associated with the incident.

However, preserving an incident site does not prevent any action needed:

• to assist an injured person
• to remove a deceased person
• to make the site safe or to minimise the risk of a further notifiable incident, or
• to facilitate a police investigation.

The sooner the regulator is notified, the sooner the site can be released.

An inspector may issue a non-disturbance notice, if they consider that the incident site should remain undisturbed in order to facilitate their investigation. This notice must specify the period for which the notice is to apply—no more than seven days.

Penalties apply if an individual or body corporate fails to preserve a site.

Site preservation requirements only apply to the incident site
Requirements to preserve a site only apply to the area where the incident occurred—not the whole workplace.

If you are unsure about what you need to do, you can ask the regulator for advice or to be excused from having to preserve the site.

Amending notifications
If you receive information that changes the incident type of a notified incident, you must notify the regulator of those changes. For example, if a notified serious injury or illness later results in the person’s death, the regulator must be advised immediately upon you learning that the person has died.

Record keeping requirements
Records of notifiable incidents must be kept for at least five years from the date of notification. Penalties apply for failing to do so.

It is useful to keep a record of having made the notification (e.g. confirmation from the regulator), and also any directions or authorisations given by an inspector at the time of notification.

Contact details for regulators
To notify a ‘notifiable incident’ contact your local regulator:

Jurisdiction	Regulator
New South Wales	SafeWork NSW
Victoria	WorkSafe Victoria
Queensland	WorkSafe Queensland
South Australia	SafeWork SA
Western Australia	WorkSafe WA
Australian Capital Territory	WorkSafe ACT
Tasmania	WorkSafe Tasmania
Northern Territory	NT WorkSafe
Commonwealth	Comcare

Sample WHS Consultation Procedures

1. Overview

Consultation is mandatory under the Work Health and Safety Act 2011 (WHS Act) for [insert organisation name].

Consultation will take place on all work health and safety matters including:

• undertaking risk management activities
• proposing changes that may affect workers
• making decisions about any work health and safety procedures
• the adequacy of facilities for the welfare of workers.

Where [insert organisation name].has concurrent duties under the WHS Act with another PCBU, it will consult, cooperate and coordinate with the other PCBU and its workers, so far as is reasonably practicable.

This procedure should be read with the Work Health and Safety Policy.

2. Considerations

Meaningful consultation can lead to fewer workplace injuries and give everyone the opportunity to:

• discuss and share their health and safety concerns
• identify safety hazards and risks
• find and implement practical solutions
• contribute to the decision making process
• communicate outcomes in a timely manner.

3. Procedure Steps

[insert organisation name] consults, so far as is reasonably practicable, with workers who carry out work for [insert organisation name] who are (or are likely to be) directly affected by a work health and safety matter.

If the workers are represented by a health and safety representative, the consultation will involve that representative.

Consultation at [insert organisation name] involves sharing of information, giving workers a reasonable opportunity to express views, and taking those views into account before making decisions on health and safety matters.

[insert organisation name] consults, co-operates and co-ordinates activities with all other PCBUs who have a work health or safety duty in relation to the same matter, so far as is reasonably practicable.

3.1 Health and safety representatives (HSRs)

HSRs may be elected to represent various work groups and investigate health and safety issues.

3.2 Health and Safety Committee (HSC)

An HSC will be established:

• if requested by the HSR, or
• if requested by five or more workers, or
• on the initiative of [insert organisation name].

The role of the HSC is to facilitate cooperation between [insert organisation name] and workers on health and safety matters as well as to develop work health and safety standards, rules and procedures.

3.3 Other Agreed Arrangements

Other agreed arrangements for consultation may be set up by [insert organisation name] provided the arrangement is agreed to by the workers and is likely to result in better consultation and improved decision making.

Once established, consultation must be in accordance with the procedures agreed to between [insert organisation name] and the workers.

Regardless of the arrangement, the obligation of [insert organisation name] to consult with all workers remains.

[insert organisation name] may need a mix of HSRs, HSCs and / or other agreed consultation arrangements tailored to suit the workers and [insert organisation name]’s work environment.

[It may be more effective and meaningful to have an alternative arrangement for consultation if workers travel frequently or the CMO s small].

Other agreed arrangements for consultation on health and safety matters used by [insert organisation name] may be through:

• regular scheduled meetings
• team meetings (where work health and safety is always an agenda item)
• one-off meetings
• tool box talks
• face to face discussions
• briefing sessions.

All consultation arrangements will be consistent with [insert organisation name]’s legal duties under the WHS Act.

[insert organisation name] will:

• consult with the workers on how consultation will occur and explain the various mechanisms that are available
• agree on how consultation will take place.

3.4 Nature of consultation about particular matters

[insert organisation name] will ensure:

• that relevant information about the matter is shared with workers, and
• that workers be given a reasonable opportunity:
• to express their views and to raise work health or safety issues in relation to the matter, and
• to contribute to the decision-making process relating to the matter, and
• that the views of workers are taken into account by [insert organisation name], and
• that the workers consulted are advised of the outcome of the consultation in a timely manner.

If the workers are represented by a health and safety representative, the consultation must involve that representative.

3.5 When consultation occurs

[insert organisation name] sets up a plan to ensure that consultation occurs in relation to the following health and safety matters:

• when identifying hazards and assessing risks to health and safety arising from the work carried out or to be carried out by [insert organisation name]
• when making decisions about ways to eliminate or minimise those risks,
• when making decisions about the adequacy of facilities for the welfare of workers,
• when proposing changes that may affect the health or safety of workers,
• when making decisions about the procedures for:
  • consulting with workers, or
  • resolving work health or safety issues at the workplace, or
  • monitoring the health of workers, or
  • monitoring the conditions at any workplace under the management or control of the person conducting the business or undertaking, or
  • providing information and training for workers, or
  • when carrying out any other activity prescribed by the regulations for the purposes of this section.

3.6 Consultation Processes

[insert organisation name]:

• sets up consultation processes and
• ensures they are discussed and reinforced regularly and
• documents these processes
• regularly monitors and reviews the consultation procedures to ensure they are
• the most effective form of consultation.

[insert organisation name] consults with employees and the Board of Directors on a regular basis, involving them in decision making and informing them of decisions that may affect their health and safety.

Consultative mechanisms include:

• Annual audit of staff meeting minutes and agenda to review WHS items discussed and resolved - this audit will be presented to the Board
• Quarterly inspection of premises and a record of findings, with a roster to ensure all employees are involved in workplace inspection and hazard identification
• Where a new work practice is introduced, employees are consulted and potential and existing hazards reviewed - this information is disseminated to staff as required
• WHS is a standard agenda item Board and staff meetings.

Health and Safety Representative [depends on size of CMO]
At a minimum, organisations must have an employee with designated responsibility for WHS. Larger organisations may appoint a Health and Safety Representative and should ensure a HS committee remains active, with reporting and follow-up procedures in place. NB: A committee is only mandatory for organisations with over 20 FTE and if requested by staff.

Health and safety committees bring together workers and management to assist in the development and review of health and safety policies and procedures for the workplace.

The functions of the health and safety committee are:

• to facilitate co-operation [insert organisation name] and workers in instigating, developing and carrying out measures designed to ensure the health and safety of workers
• to assist in developing standards, rules and procedures relative to health and safety
• such other functions prescribed by the regulations or agreed between [insert organisation name] and the committee.

The effective operation of a health and safety committee is dependent upon everyone fulfilling their role.

Establishment of health and safety committees
[insert organisation name] must establish a health and safety committee within two months after being requested to do so by:

• a health and safety representative (HSR), or
• five or more workers at the workplace.

A health and safety committee may be established for workers who carry out work at one or more locations or for those who do not have a fixed place of work.

[insert organisation name] may also establish a health and safety committee on its own initiative.

The constitution of the health and safety committee may be agreed to between [insert organisation name], HSR and workers. If agreement is not reached within a reasonable time, any party may ask WorkCover to appoint an inspector to decide the matter.

Health and safety committee membership
The makeup of the committee can be agreed to between the workers and [insert organisation name].

[insert organisation name] can only nominate up to half of the members.

An HSR is a member of the committee if they consent. If there are two or more
HSRs at [insert organisation name], then they can choose one or more who consent to be members of the committee.

Calling for nominees

Calling for nominees is an important part of electing a health and safety representative (HSR) in the workplace. All workers can nominate including volunteers.

Once the work groups and number of HSRs required has been agreed, notices calling for nominations should be prominently displayed with a reasonable closing date. They will be in a form that all workers can understand.

Where the number of nominations equals the number of vacant HSR and deputy HSR positions, an election is not required and each candidate is taken to have been elected.

If there are more nominees than positions available then an election will need to be held.

The workers may determine how an election must be conducted (eg by secret ballot or show of hands) however, it must comply with procedures in the draft work health and safety regulations.

If a majority of workers agree, the election may be conducted with the help of a union, other person or organisation.

Electing a health and safety representative

Workers elect the health and safety representative (HSR) from their work group. All workers in a work group are entitled to elect one or more HSRs and deputy HSRs for a three year term.

When agreement on the work groups has been reached, along with the number of work groups and HSRs (and deputy HSRs), [insert organisation name] will provide any reasonable resources, facilities and help to enable an election to be conducted.

After the nominations have been called, an election can be conducted. The members of the work group can determine the election procedure however, there are minimum requirements prescribed in the Work Health and Safety Regulations.

• These procedures include that the person conducting the election ensures:
• each PCBU in which a worker in the work group works is informed of the election date as soon as practicable after the date is determined
• all workers in the work group being given an opportunity to:
• nominate for the position of HSR
• vote in the election
• all workers in the workgroup and all relevant PCBUs are informed of the outcome of the election.

Operation of health and safety committees

The [insert organisation name] health and safety committee (HSC) must meet at least every three months and at any reasonable time when requested by at least half the members of the committee.

 

[insert organisation name] supports members of the HSC by allowing them:

• reasonable time to attend meetings and carry out their functions as a committee member, and be paid at their normal rate of pay when doing so
• access to information about hazards and risks at the workplace as well as information relating to the health and safety of workers at the workplace (excluding workers’ personal medical information without the workers' consent)
• opportunities to develop skills relevant to their role on the HSC.

The role of workers on HSCs is to ensure genuine worker representation in health and safety matters that affect them.

Work groups

Work groups are workers represented by a health and safety representative (HSR).

Usually these workers perform similar types of work and have similar health and safety concerns and conditions within the workplace.

Work groups allow workers' interests to be represented effectively and conveniently.

The purpose of workers belonging to a work group is to facilitate representation on work health and safety matters by an HSR.

Once an election for an HSR has been requested [insert organisation name] must start negotiations with workers within 14 days to establish work groups.

This process will also help [insert organisation name] and workers in a work group negotiate the number of HSRs and work groups required.

Determining work groups

In determining work groups, [insert organisation name] considers:

• the number of workers
• the views of workers in relation to the determination and variation of work groups
• the nature of each type of work carried out by the workers
• the number and grouping of workers who carry out the same or similar types of work
• the areas or places where each type of work is carried out
• the extent to which any worker must move from place to place while at work
• the diversity of workers and their work
• the nature of any hazards at the workplace or workplaces
• the nature of any risks to health and safety at the workplace or workplaces
• the nature of the engagement of each worker, for example as an employee or as a contractor
• the pattern of work carried out by workers, for example whether the work is full-time, part-time, casual or short-term
• the times at which work is carried out
• any arrangements at the workplace or workplaces relating to overtime or shiftwork.

Decisions about establishing work groups must be made by consultation and agreement between [insert organisation name] and the relevant workers. A worker’s representative can be appointed by the workers to negotiate on their behalf.

A work group may involve multiple CMOs (&/or other PCBUs) at one or more workplaces and these are called multiple business work groups. The aim is to identify the most workable arrangement for the workplace. When agreement on the work groups has been reached, [insert organisation name] must notify the workers of the outcome of the negotiation.

Multiple business work groups

Multiple business work groups may be agreed with workers carrying out work for two or more CMOs (&/or other PCBUs) at one or more workplaces. The work group arrangement must be agreed to by the workers.

The aim is to identify the most workable arrangement for the workplace/s.

Determination of work groups of multiple businesses

Multiple business work groups must be determined by negotiation and agreement between each of the CMOs (&/or other PCBUs) and the workers

The determination of multiple business work groups need not affect pre-existing work groups or prevent the formation of additional work groups.

Negotiations will be focused on:

• the business or undertaking to which the work groups will apply
• the workplace location/s of work groups
• the number and composition of work groups
• the number of HSRs and deputy HSR