HR WA Policy Title: Work Health Safety Policy Number: 7.1 Effective Date: 29 August 2012 Policy Outline Purpose: The Department of Finance and Deregulation (Finance) acknowledges its duty of care towards the health and safety of its workers. As required under section 47 of the Work Health and Safety Act 2011 (WHS Act), this policy has been developed by the Person Conducting a Business or Undertaking (PCBU) in consultation with its workers. This policy outlines the responsibilities for WHS in Finance. It also documents how Finance’s Occupational Health & Safety Committee is constituted and operates, including the formation of work groups and the nomination and election process of Health and Safety Representatives (HSRs). The Policy was developed and implemented on 29 August 2012 following a process of consultation as required under the WHS Act This policy underpins the Finance Work Health and Safety Strategic Plan to: enable effective cooperation between the PCBU and workers in developing and promoting measures to ensure workers’ mental and physical health, safety and welfare at work; provide adequate mechanisms for consulting with workers about work health and safety matters; provide adequate mechanisms for reviewing the effectiveness of the policy; provide adequate mechanisms for the variation of the policy in consultation with workers; provide for a dispute resolution mechanism to deal with disputes arising in the course of consultations held under this Act between the PCBU and workers; and require the establishment of an Occupational Health and Safety (OH&S) Committee and provide for the manner in which the OH&S Committee is to be constituted and operate. This is consistent with the principles of preventing health and safety incidents from occurring and resolving these issues as close to the workplace as possible in the most efficient and resource effective manner. Responsibilities: Person Conducting a Business or Undertaking (PCBU) Under the WHS Act the PCBU may be an individual or organisation conducting a business or undertaking. In Finance the PCBU is represented by the executive board. The PCBU is proactive in creating a safe work culture and provides leadership for the overall health and safety of Finance workers. Joint PCBU responsibilities The PCBU has a duty to its contractors and its subcontractors employees to ensure their health and safety, so far as is reasonably practicable, while they are working in connection with Finance’s business. Section 46 of the WHS Act states that: If more than one person has a duty in relation to the same matter under this Act, each person with the duty must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other persons who have a duty in relation to the same matter. In order to comply, contracts should include a clause that requires both Finance’s PCBU and the contractor’s PCBU to consult and satisfy themselves that both organisations have health and safety policies, processes and practices in-place which are suitable for the work being carried out, and that they comply the WHS Act throughout the life of that contract. This can be achieved by the PCBU developing and promulgating OH&S policies and guidelines, in consultation with joint PCBUs and where appropriate workers which: state the responsibilities of the PCBUs and workers for workplace health and safety and outline the action/s required to implement agreed OH&S policies and procedures; provide for sufficient resources to implement the policies and procedures; and provide for the co-ordination of health and safety activities, including the determination of priorities, through the OH&S Committee and Finance’s Work Group (WG). The PCBU (and where appropriate the joint PCBU) commits to promoting and developing measures to ensure health and safety at work by: taking all reasonably practicable steps to provide and maintain safe and healthy workplaces for all workers; undertaking a risk management approach in order to identify hazards and implement effective controls in order to eliminate or minimise risk; providing workers with information and training on health and safety matters as well as safety equipment, systems of work and appropriate resources to effectively manage risk; establishing appropriate processes to identify, record and monitor workers’ health and safety at work as well as the conditions of workplaces under the PCBU’s control; committing to providing and maintaining OH&S standards in relation to workplaces, the design of plant and equipment, fixtures, fittings, substances and structures based on legislative requirements, including relevant Codes of Practice, and current knowledge; providing appropriate health, medical and first aid services for workers; providing advice to the OH&S Committee on relevant matters; providing adequate facilities for the welfare of workers at work; developing, implementing and monitoring the effectiveness of ongoing consultation processes that have been developed for the management of ill or injured workers; ensuring that persons, who are not workers, at or near a workplace under the PCBU’s control are not exposed to risk in relation to their health and safety; and in the procurement arrangements for plant and equipment, ensuring that agreed standards related to OH&S are specified and that, where possible, the successful service provider conforms to those standards. Finance will work co-operatively with workers in implementing the work health and safety framework which includes this policy and other agreed policies, procedures and practices. Officers All senior managers, managers and supervisors are responsible for ensuring that the PCBU’s legal obligations for work health and safety are met in workplaces and within systems of work under their control. They should: consult with their workers, health and safety representatives and OH&S advisers on measures to protect the health and safety of workers; as an integral part of their normal duties, demonstrate leadership by actively following sound safety practices and developing positive attitudes towards health and safety matters; arrange for their workers to be instructed in safe working systems and procedures, and supervise the practice of safe working procedures as an integral part of their normal duties; ensure that good housekeeping standards are maintained in areas under their control; and Page | 2 where they consider that preventive or corrective action is necessary but this lies outside their control, promptly refer the issue to the area that has responsibility for attending to the matter, and actively follow it up until the matter is satisfactorily resolved. Workers This Policy does not diminish a worker’s statutory responsibilities and that they should: take all reasonably practicable steps to ensure their workplace is maintained in a healthy and safe manner; carry out their work in a safe manner without detriment to their health and safety or the health and safety of their colleagues; contribute to the review of workplaces and work practices to reduce the incidence of workplace injury or illness; participate in health and safety initiatives within their workplace; participate in health and safety training, use safety equipment and comply with safe systems of work; respond to health and safety issues in their sphere of responsibility by reporting all incidents that had the potential to have caused injury or illness as well as incidents that caused injury or illness immediately; and it is the joint responsibility of all Finance workers to consult with, and cooperate in, implementing the WHS Policy; and identify hazards, assess the risks, and as appropriate assist with the implementation of control measures, and participate in reviewing the effectiveness of the chosen control measures within their specific work environment. Health and Safety Representatives Finance will ensure that there is sufficient HSR representation across all tenancies. HSRs will play an active role in representing their WG (Finance) and support and promote a safety culture by: consulting with workers, managers and OH&S advisers on measures to protect the health and safety of workers; ensuring that good housekeeping standards are maintained in areas they represent and liaise with managers to progress any necessary remediation for those areas under the managers control; initiating preventive or corrective action as necessary, by promptly referring the issue to the area that has responsibility for attending to the matter, and actively following it up until the matter is satisfactorily resolved; actively participate in the annual review of workplaces and work practices to reduce the incidence of workplace injury or illness; responding to health and safety issues in their sphere of responsibility by reporting all incidents that had the potential to have caused injury or illness as well as assisting in the investigation of incidents that caused injury or illness immediately; and consulting with all Finance workers to assist in implementing the WHS Policy. Work health and safety strategic plan The WHS Strategic Plan outlines how work health and safety will be managed in Finance. A risk management approach has been adopted to identify and reduce, or eliminate where possible, hazards that have the potential to cause workplace injuries and disease. The Strategic Plan recognises and addresses the significant occupational diversity of the department. Page | 3 Incident notification The PCBU will establish processes and procedures to ensure that all notifiable and dangerous incidents are reported immediately, or as soon as is reasonably practicable, to Comcare either by telephone or by completing an incident report form on Comcare’s internet site. A notifiable incident is an occurrence that results in the death of a person, or a serious injury or illness, or a dangerous occurrence that may have caused the death or serious injury or illness to a person. A dangerous incident is an occurrence that exposes a worker, or any other person, to a serious risk to their health or safety for example an uncontrolled spillage or leakage of a substance, explosion or fire, fall, electric shock etc. If a notifiable or dangerous incident occurs, the PCBU undertakes to preserve the incident site until an investigator has completed their investigation (safety signs and warning tape can be obtained from an HSR). This does not prevent providing assistance to injured workers or making the site safe to minimise or eliminate the risk. Offences Under the WHS Act the Crown is no longer immune from prosecution and breaches will have the potential of being pursued as criminal offences. Individual workers could face prosecution if they are responsible for the death of a person, cause a serious injury or illness or cause a dangerous incident. Consultation on the development of the WHS Policy The PCBU is obligated to ensure that all workers are involved in the development of, and be kept informed about, the WHS Policy. Methods of consultation include, but are not limited to: posting the policy and general health and safety information on the intranet and internet for all workers to access. This will include the posting of OH&S Committee meeting key notes, OH&S policies and procedures, links to health and safety legislation, and other relevant information; consultation with Finance workers by the OH&S Committee on the development of the policy and other health and safety matters; notification to workers via all staff e-mails, intranet, internet, letters if required, employee notice boards and regular team meetings; workers speaking with their HSR regarding any OH&S issues or concerns that they may have; written materials, reports, presentations, meetings and speeches where appropriate or posted on the intranet and internet; and providing information, in a reasonable timeframe, to all workers and their representatives to allow worker representatives to consult and obtain workers views to enable any suggestions to be considered. Reviewing the effectiveness of the WHS Policy The PCBU acknowledges the importance of keeping the WHS Policy and other OH&S policies under regular review. Key performance indicators and targets to monitor and improve the Policy are detailed in Finance’s Work Health and Safety Strategic Plan. Review mechanisms include, but are not limited to: annual review of the WHS Policy by the OH&S Committee, to ensure it reflects legislative requirements and effectiveness; annual audit of all other aspects of Finance’s OH&S management system; annual hazard inspections of all Finance workplaces; review and reporting to the OH&S Committee injury and incident data; Page | 4 annual review of the Work Health and Safety Strategic Plan against agreed performance measures; other mechanisms as agreed by the OH&S Committee in consultation with workers; and Variation to the WHS Policy A request for variation to the Policy may be made by the PCBU, OH&S Committee, HSRs and workers. The request must be in writing and must clearly identify what variation is required and provide evidence to support the variation. A Request for Policy Variation form is available. The request will be tabled at the next OH&S Committee meeting and discussed, with outcomes being recorded in OH&S Committee meeting key notes which will be posted on the intranet, or internet as appropriate, within seven working days of the meeting. Depending on the nature of the request, the variation may be considered by the OH&S Committee out of session. The OH&S Committee may recommend an update or variation to any part of the WHS Policy prior to the set review date, after consultation with all workers has taken place. Dispute resolution mechanism Division 6 of the WHS Act outlines the process for dealing with WHS disputes in the workplace. Guidelines for Resolving OH&S Issues in the Workplace have been developed to provide practical guidance to workers on the resolution of any issue or dispute relating to workplace health and safety. Occupational health and safety training To ensure that safe working conditions and practices are maintained to the level required by the WHS Act, and that a strong focus on injury prevention is maintained in Finance OH&S training for workers may include: induction training for new starters, including contractors; induction training for graduates; manager training for EL2 level and above; general training for all workers; training in specialised areas as required, e.g. OH&S Committee training, manual handling and safe work practices; and any OH&S training deemed to be required by the PCBU after consultation with workers. First Aid Training First Aid Officers (FAOs) are required to undertake Senior First Aid training. First aid qualifications are valid for three (3) years, after which time the FAO must be retrained. As outlined in the First Aid Policy optional annual refresher training for FAOs may be undertaken and is encouraged to ensure they are qualified in the operation of Automated External Defibrillators (AEDs). Health and Safety Representative (HSRs) Training OH&S training from an accredited provider is mandatory for HSRs at the commencement of their first term in office and is valid for three (3) years. HSRs are unable to exercise their powers until after they have received their training. Managing risk As required by the Work Health and Safety Regulations 2011, Finance has adopted a risk management approach to underpin its OH&S Management System – refer to the Code of Practice How to manage work health and safety risks, this document can be found here. This approach requires all workers to identify hazards, assess and prioritise the risks, implement control measures and review the effectiveness of the chosen control measures. Page | 5 While OH&S policies and programs are developed for identifying and controlling hazards present throughout the organisation, all workers are responsible for managing the particular risks associated with their specific work environment. The aim of this approach to managing risk is to ensure that OH&S considerations become a fundamental consideration during all business planning. Risk management is a vital component of all of Finance’s OH&S policies and guidelines Risk management strategies used by Finance include: incident, hazard and near miss reporting procedures; incident investigations undertaken by managers and HSRs; risk assessments including plant and hazardous substances; annual hazard inspections; the Hazardous Substance Register for COMCAR and the rest of Finance; and completing the Safe Method Work Statement forms. Work Group (WG) Work Groups are established under Section 51 of the WHS Act. The composition of a WG is determined through consultation with workers. The Department of Finance and Deregulation is a single work group. This allows the health and safety representatives to assist workers across all areas of Finance. Health and Safety Representative (HSR) An HSR is a worker that is elected by members of a Work Group (WG) to be that WGs health and safety representative. Under section 68 of the WHS Act, the HSR has broad powers for the purpose of promoting or ensuring the health and safety at work of employees. These powers include inspections of the workplace, requesting an investigation be conducted as well as accompanying an investigator during any investigation, investigating employee complaints regarding the health and safety of employees, and issuing a provisional improvement notice or a cease work notice. Occupational Health and Safety (OH&S) Committee The OH&S Committee is established under Section 75 the WHS Act and operates according to its terms of reference. The OH&S Committee generally has members representing the PCBU and workers. The number of members who are representing the PCBU must not exceed the numbers who represent workers. The legislation broadly defines the functions of workplace OH&S Committees. These functions are intended to promote a cooperative work environment between the PCBU and workers to ensure the health and safety of employees at work. The OH&S Committee Constitution is at Attachment A. References and links: Work Health and Safety Act 2011 – http://www.comlaw.gov.au Work Health and Safety Regulations - http://www.comlaw.gov.au Codes of Practice – http://www.safeworkaustralia.gov.au Definitions: Accident - an accident is an unplanned or unexpected event, which may injure someone or cause illness which includes contracting a disease. Approved Code of Practice – is a code of practice approved under Part 14 of the Work Health and Safety Act 2011 and provides detailed guidelines for managing specific workplace risks. Commonwealth – includes any person or body, other than a public authority that is an agency within the meaning of the Financial Management and Accountability Act 1997. Page | 6 Consultation - consultation undertaken by the PCBU means workers are given the opportunity to raise work health and safety issues, have the opportunity to express their views on safety matters and contribute to the decision making process. Consultation also includes advising workers of health and safety outcomes. Dangerous occurrence - An event which endangers the health and safety of workers or others at or near the workplace. Due Diligence – Includes taking reasonable steps to acquire and keep up-to-date knowledge of work health and safety matters, establish appropriate processes for gathering information to gain and understand the nature of Finance’s business, its hazards and risks, ensure appropriate resources and processes are available to eliminate or minimise health and safety risks in a timely way and comply with any duty or obligation of the PCBU. Health and Safety Representatives - A Health and Safety Representative (HSR) is a worker who has been elected by members of a DWG to be that DWG’s representative for health and safety matters. The HSR has broad powers for the purpose of promoting or ensuring the health and safety at work of workers in the DWG. These include inspections of the workplace, requesting an investigation be conducted and accompanying an investigator during any investigation, investigating worker complaints regarding health and safety and issuing provisional improvement notices. Notifiable Incident – Comcare must be notified immediately when an incident results in the death of a person, or a serious injury or illness, or a dangerous occurrence that may have caused the death or serious injury or illness to a person. Occupational Health and Safety Committee - An OH&S Committee is established and operates according to Division 4 of the WHS Act. The OH&S Committee generally has members representing PCBUs and workers. The number of members who are representing the PCBU must not exceed the numbers who represent employees. Section 77 of the WHS Act defines the functions of workplace OH&S Committees. These functions are intended to promote and facilitate cooperation between the PCBU and workers to ensure the health and safety of workers at work. Officer – Is a person who makes, or participates in making, decisions that affect the whole, or a substantial part of Finance’s business or undertaking; they are Officers of the Commonwealth for the purposes of the WHS Act and represent the PCBU. Person Conducting a Business or Undertaking (PCBU) – Includes the Commonwealth, Commonwealth Authorities and Commonwealth licensees. As the PCBU the Commonwealth has the primary duty of care for the health, safety and wellbeing for workers and must always be a legal entity that can be the subject of legal proceedings. Reasonably practicable - Means what can reasonably be done in the circumstances. The PCBU and Officers (Duty Holders) must satisfy their duties as far as they are reasonably able to so, taking into account and weighing up all relevant matters, including: the likelihood of the relevant hazard or risk occurring; the degree of harm that might result from the hazard or risk; what the person knows, or ought reasonably to know, about the hazard or risk and the ways of eliminating or minimising the hazard or risk, and the availability and suitability of ways to eliminate or minimise the risk. Only after assessing these matters can the cost of eliminating or minimising the risk be taken into account, including whether the cost is grossly disproportionate to the risk. Work Group - A group of workers established in accordance with section 51 of the WHS Act. Its composition is determined through consultation with workers. The number of groups and the number of workers in each group will depend on the nature of the PCBU’s business, number of employees, geographic distribution, and nature of the hazards at the workplace and other working arrangements. Designated Work Groups (DWGs) and the selection of HSRs is a key strategy of the legislation aimed at fostering and maintaining a consultative relationship between the PCBU and workers on all OH&S issues. Worker – is a person who carries out work in any capacity for the PCBU and includes: employees Page | 7 contractors sub-contractor home based workers apprentices work experience students trainees volunteers Page | 8 Attachment A OH&S Committee Constitution OH&S Committee Terms of Reference Finance’s OH&S Committee was convened in 2002 to: focus on the strategic development of safety and health in the workplace; develop and implements initiatives to promote employee safety and health, both in and out of the work environment; and support the Department in meeting its legislative obligations under Section 75 of the WHS Act 2011. Objectives and responsibilities of the OH&S Committee The main objectives of the OH&S Committee are to: encourage and promote effective consultation and representation on OH&S issues in Finance; make recommendations to Executive Board regarding OH&S matters; promote cooperation between Executive Board and workers for managing OH&S issues; oversee the development and implementation of OH&S policies and safety guidelines and promote health and well-being programs; oversee the development of safe work practices and safety related training for workers; provide guidance to the relevant areas on the health and safety aspects of new technologies, work re-organisation, major building proposals and equipment purchases prior to purchase or implementation; assist in ensuring that Finance is compliant with all health and safety requirements under the relevant OH&S legislation; advise workers on the results of hazard audits and/or safety audits; distribute safety and health related information to Finance workers in their areas of responsibility; review general OH&S issues and their implication for Finance; and act as an advisory board to Executive Board, providing draft OH&S policies and programs for endorsement by Executive Board before implementation Membership The OH&S Committee membership comprises the following representatives: Position Group represented Chair First Assistant Secretary, Corporate Services PCBU Representative Senior Executive Staff (SES) representative PCBU Representative SES representative Committee Member Health and Safety Representative (HSR) – Australian Government Information Management Office Committee Member HSR - Asset Management and Parliamentary Services Page | 9 Group Committee Member HSR - Budget Group Committee Member HSR - COMCAR Committee Member HSR – Chief Operating Officer Group Committee Member HSR - Financial Management Group Committee Member HSR – Deregulation Group Occupational Health and Safety Coordinator OH&S Support Team, HR Services Branch Secretariat OH&S Support Team, HR Services Branch HSRs will confer and agree as to whom from within their cohort will represent each Business Group at OH&S Committee meetings and will confirm attendees with OH&S Support one week prior to the OH&S Committee meeting. Other persons may be invited to attend OH&S Committee meetings at the discretion of the Chair. These may include staff members with an interest in OH&S, staff with a specific role, such as accommodation and facilities management. Term in Office All OH&S Committee members are elected for the period of three years. Nominations for the positions of PCBU representatives will be sought from all Senior Executive Staff (SES) members through Deputy Secretaries at the expiry of each three-year term in office. All nominations will be discussed and agreed by Executive Board; incumbents can be re-elected. Nominations for the positions of HSRs will be sought from all ongoing and non-ongoing staff in each Business Group and COMCAR at the expiry of the HSR three year term in office or should the HSR exit Finance. HSRs will be ineligible to participate in OH&S Committee meetings until they have undertaken their required training, in accordance with the WHS Act. Incumbents may be re-selected for future terms in office. Frequency of Meetings The OH&S Committee meets every three months. Additional meetings may be convened out of session to address matters as they arise. Secretariat OH&S Support provides secretariat functions to the OH&S Committee. Agenda A draft agenda will be forwarded to members two weeks before each meeting. The agenda will cover standing agenda items and items that required action from the previous meeting. Additional agenda items proposed by OH&S Committee members must be provided to the Secretariat at least two weeks before the meeting. Members proposing agenda items are responsible for providing any supporting papers to the Secretariat for inclusion in the papers. Agenda Papers Agenda papers will include material relevant to the agenda items. A report covering OH&S issues in Finance during the previous quarter will be prepared by OH&S Support and distributed with the agenda papers. Additional papers will be emailed to members at least one week prior to the meeting. Page | 10 Record of Proceedings Minutes from the meeting will summarise the major issues, record decisions taken by members, actions to be completed and responsibilities for the action items. Draft minutes will be forwarded to the OH&S Committee members for endorsement within 10 working days of the meeting. A copy of the final version of the minutes, together with the Terms of Reference for the OH&S Committee and contact details for members, will be made available to all staff via the intranet and where appropriate the internet. In addition, a summary of the key messages from each meeting will also be put on the intranet. Chair First Assistant Secretary, Corporate Services will act as the Chair of the OH&S Committee, unless determined otherwise by Executive Board. Performance Indicators Performance indicators outlined in the OH&S Strategic Plan will be used to measure the safety and health status of Finance as a place of employment. The Terms of Reference will be reviewed by the OH&S Committee every two years to allow relevant amendments to be made. Executive Board may also request that the Terms of Reference be amended at any other time should they wish. Role of Members Chair To be familiar with the agenda and come to the meeting prepared. To liaise with the OH&S Committee Secretariat to prepare for the meeting. To open the meeting and follow the agenda. To lead the meeting and encourage participation by others. To close the meeting and make known the date, time and place of the next meeting. To approve the minutes of the meeting following preparation of the minutes by the Secretariat. To keep Executive Board updated on matters being considered by the OH&S Committee and their outcomes. PCBU Representatives Attend meetings or forward apologies to the Secretariat if unable to attend the meeting. Prepare for the OH&S Committee meetings by reading the previous meeting’s minutes and by considering the agenda items. Actively participate in the meetings by representing the views and opinions on behalf of the employer and the employee. Participate in the OH&S policy and guideline review by providing constructive comments to the Secretariat, within the outlined timeframes. Discuss any relevant OH&S issues with other managers or with workers as appropriate. Read and comment on material circulated by the Secretariat within the required timeframes. Page | 11 Member Prepare for OH&S Committee meetings by reading the previous meeting’s minutes and by considering the agenda items; this includes discussing the items with their colleagues to obtain their views. Forward apologies to the Secretariat if unable to attend the meeting and, if possible, to arrange for an alternate HSRs to attend the meeting. Work collaboratively with other HSRs, which includes discussing the agenda and minute action items and representing the collective point of view at the meetings. Present the views and opinions of the Business Group they represent and make contributions on matters affecting Finance and their work areas. Actively promote the awareness of OH&S issues through conducting OH&S information sessions within their Business/Work Groups. Report back to the OH&S Committee on any outcomes from their Business Group. Participate in the OH&S policy and guideline review by providing constructive comments to the Secretariat, within the outlined timeframes. Update their knowledge on safety and health matters by reading relevant circulated material and, where appropriate, seek additional information from OH&S Support. Secretariat Prepare the agenda for the meeting. Book the meeting room and invite OH&S Committee members to meetings for the following calendar year through the Outlook calendar in December each year. Keep the Chair informed of any matters relating to the operation of the OH&S Committee. Draft minutes of the meeting and distribute them electronically to all members for their comments within 10 working days of the meeting taking place. The minutes are to include the following: - time and date of the meeting, where it was held and who chaired it; names of those present and any apologies received; all agenda items discussed and all decisions made – if action was agreed upon, record the name of the person/s responsible for carrying it out; and the date, time and place of the next OH&S Committee meeting Following the endorsement of the minutes, prepare a summary of key messages from the meeting and arrange for loading onto the intranet, and where appropriate the Internet. Maintain an appropriate document file for all OH&S Committee meeting minutes. Author: Authorised by: Amended by: HR Services Branch Assistant Secretary, HR Services Assistant Secretary, HR Services Date: Date: Date: Page | 12