Implementation of the

Work Health & Safety (WHS) Act Association of Independent Schools of SA (AISSA) 6 March 2013 James Large Director, PeopleVision

Agenda  Requirements of the Act, Regulations and the most relevant Codes of Practice for a School

 Discussion on what should be implemented to meet the various requirements

Agenda  Risk management  Hazardous manual tasks

 Work environment and facilities  Consultation  Plant and equipment

 Hazardous chemicals  Electrical work  Incident Reporting  First aid

Codes of Practice 

There are 11 Codes of Practice most relevant to a Schools‟ workplace. These are:

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WHS Consultation, Cooperation and Coordination

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Managing Electrical Risks at the Workplace

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Managing the risks of Falls at Workplaces

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Managing the Work Environment and Facilities

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First Aid in the Workplace

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Labelling of Workplace Hazardous Chemicals

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Preparation of Safety Data Sheets for Hazardous Chemicals

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Managing Risks of Hazardous Chemicals in the Workplace

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Hazardous Manual Tasks

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Managing Risks of Plant in the Workplace

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How to Manage WHS risks

Important items to remember  A Code of Practice is admissible in court proceedings

 Courts may regard a code of practice as evidence of what is known about a hazard, risk or control and

may be used in determining what is “reasonably practicable”  „Should‟ in a Code indicates a recommended course of action

Risk Management – Summary of requirements  The primary duty of care requires the PCBU to ensure, that the health and safety of workers

engaged and other persons is not put at risk (section 19)

 An officer must gain an understanding of the hazards and risks associated of the School; and ensure that the School has an uses appropriate resources and processes to eliminate or minimise these risks (section 27)

Risk Management – Summary of requirements  The WHS Act requires you to consult with workers who carry out work that are directly affected by a

work health and safety matter (section 47)  Includes the requirement to also consult with a HSR

(if applicable) (section 48) and other PCBU‟s on relevant health and safety matters (section 46)

Risk Management – Regulations  Chapter 3 of the Regulations (regulations 34 – 37) specifies that a duty holder must identify and

eliminate risks using the hierarchy of controls.  Regulation 38 indicates that a duty holder must

review and as necessary revise control measures so as to maintain a work environment that is without risks to health and safety.

Risk Management – Regulations  The requirements detailed in Chapter 3 of the Regulations to identify, assess and control risk also

apply to other the chapters, e.g. chapter 4 – hazardous manual tasks; Chapter 5 – Plant and

structures and Chapter 7 – hazardous chemicals  If PPE is used as the control mechanism, regulations 44-47 require specific items to have been considered

Risk Management – Code of Practice  Code of Practice – “How to Manage WHS Risks”, outlines when a risk assessment should occur and

specifies that when controlling a risk the hierarchy of controls are to be used

 A risk assessment must occur for high risk activities (chapter 5 of the Regulations), e.g. entry into a Confined Space or conducting live electrical work

When must risk be managed?  The risk of an object falling on a person if it is likely to injure a person (regulation 54)

 A risk associated with hearing loss due to noise (Chapter 4, regulation 57), e.g. a Technical Studies

workshop  Relating to hazardous manual tasks (refer later discussion on Code of Practice)  A risk of a fall (regulation 78) – does not apply to a sporting activity

When must risk be managed?  In relation to electrical risks, associated with the design, construction, installation, protection,

maintenance and testing of electrical equipment (regulation 147)

 With the management or control of plant (regulation 203)  Involving the use, handling, generating or storing a hazardous chemical (regulation 351)

Hazardous manual tasks (HMT) – Summary of requirements  The Hazardous Manual Tasks Code of Practice requires that a duty holder must:  Identify reasonably foreseeable hazards  Eliminate and if not possible minimise the risk  Maintain the implemented control measure so it

remains effective  Review and if necessary revise the risk control measures The Code deals with how to assess the risk of musculoskeletal disorder (MSD)

What is HMT?  A task that involves 1 or more of the following:  Repetitive or sustained force

 High or sudden force  Repetitive movement  Sustained or awkward posture

 Exposure to vibration

So when should a HMT be risk assessed?  If the task involves repetitive or sustained postures, movements or forces and it involves long duration

 Involves high force or sudden force  Involves vibration

Managing the work environment and facilities – Summary of requirements  The Regulations (40, 41 and 43) require the:  Provision of adequate facilities, including toilets,

drinking water, washing and eating facilities;  Preparation of emergency plans;  Management of the risks associated with remote and isolated work; and  The layout of the workplace, lighting and ventilation enables workers to carry out work without risk to health and safety.

Managing the work environment and facilities – Summary of requirements  The Code of Practice specifies:  Entries and exits should be slip-resistant  Aisles and walkways to be at least 600mm wide  Open sides of staircases to be guarded

 Separate entry and exit for mobile equipment, e.g.

forklift. If the traffic route is shared, safe walkways must be clearly marked  Power-operated doors/gates should have safety features to prevent a person being struck or trapped  Location of exists clearly marked and signs posted to show directions to exit doors

Consultation requirements - Act and Regulations  The PCBU must consult with workers who carry out work for the PCBU, who are, or likely to be directly affected by a matter relating to WHS (section 47)  A PCBU must set out an agreed procedure for WHS issue resolution (regulation 22)  This Procedure must be in writing and communicated to all workers that it applies to

 Training for a HSR is now 5 (initial), 3 and 2 days  One day bridging course

Consultation requirements – When must you consult?  Section 49 of the Act requires you to consult with workers when:  Identifying hazards and assessing risks  Making decisions about ways to eliminate or

minimise those risks  Making decisions about the adequacy of facilities for the welfare of workers  Proposing changes that may affect the health and safety of your workers; and  Making decisions about procedures for consulting with workers, resolving H&S issues, monitoring conditions at the workplace

Consultation requirements  The WHS Consultation, Co-operation and Coordination Code of Practice provides guidance on how to consult with workers  A H&S Committee must be established within 2

months of a request being made (section 75). It must comprise 50% of its members not nominated

by management (section 76) and meet at least every 3 months (section 78)  Must consult with other PCBU‟s

Summary of requirements - Plant  Regulations 203 – 226 specify the requirements in relation to the management and control of Plant  Plant includes any machinery, equipment, appliance, implement or tool, e.g. a lift, ride on mower, forklift, vehicle, bus, power tools etc  The PCBU must ensure the item of Plant: - Is only used for its intended purpose; - All reasonable steps are taken to ensure the safety features and warning devices are used - Operational controls are identified, accessible to the operator, located or guarded to prevent unintended use and used in accordance with instructions issued

Summary of requirements - Plant  A person with management or control of plant must ensure that: - Unauthorised alterations or interference to the item is prevented; - Maintenance, inspection and testing is completed by a competent person (regulation 213) - The item of plant is not left in a state that creates a risk to health and safety (regulation 207)

Summary of requirements – Hazardous chemicals  Requirements specified in Chapter 7 of the Regulations (328 – 388) and 3 Codes of Practice:  Managing Risks of Hazardous Chemicals in the Workplace  Labelling of Workplace Hazardous Chemicals  Preparation of Safety Data Sheets for Hazardous Chemicals

Summary of requirements – Hazardous chemicals  The labelling of a chemical stored must be in accordance with the Globally Harmonised System (GHS) of Classification and Labelling, even if it is decanted from its original container (regulation 342)  A PCBU must obtain a Safety Data Sheet for the chemical from the manufacturer, importer or supplier:  When it is first supplied for use, or as soon as practicable thereafter  The Safety Data Sheet must be accessible to workers using, handling or storing the chemical

Summary of requirements – Hazardous chemicals  A register of hazardous chemicals used, handled or stored must be kept (regulation 346)  The register must include:  A list of the chemicals used, handled or stored; and  The current Safety Data Sheet for each chemical listed in the register; and  Must be kept up to date; and  Be readily accessible to all workers using, handling or storing the chemicals  A manifest must also be kept if the substances exceed what is specified in Schedule 11 of the Regulations

Summary of requirements – Hazardous chemicals  A review of the control measures in place need to be reviewed in the event the SDS changes  Where there is a risk of a spill or leak of a hazardous chemical, (e.g. a Science lab) a spill containment system (e.g. a spill kit) must be in place (regulation 357)  Fire protection and firefighting equipment needs to be in place that meets the types and quantities of hazardous chemicals at the workplace (reg. 359)  A PCBU must provide any supervision that is necessary to protect the worker from risks to their health and safety

Summary of requirements – Electrical work and equipment  If work has to be performed on energised electrical equipment, a risk assessment must be completed before work commences on any energised equipment (regulation 158); and  With the work then completed in accordance with a safe work method statement (regulation 161)

Incident Notification – Summary of requirements  A notifiable incident means a death; serious injury or illness or a dangerous incident (sections 35-37)  A serious injury or illness is immediate treatment: • As an in-patient in a hospital; • For an amputation; or serious head injury; or a serious eye injury; or a serious burn, or a degloving injury, or a spinal injury, or serious lacerations • Medical treatment within 48 hours of exposure to a substance  A dangerous incident includes, e.g. a spillage of a substance, a gas explosion, electric shock  Notice required within 48 hours

First Aid – Summary of requirements  Requirements specified in regulation 42 and the Code of Practice – First Aid in the Workplace

 The arrangements for first aid need to consider:  Nature of the work being carried out  Nature of the hazards at the workplace;  Size and location of the workplace; and  Number and composition of the workers

 The PCBU must ensure an adequate number of workers are trained

Implementation of the WHS Act

Questions?