INTRODUCTION TO THE
WORK HEALTH AND SAFETY REGULATIONS
IMPLICATIONS FOR SMALL BUSINESS
WHAT HAS CHANGED?
• Work Health and Safety Act will replace the NSW OHS
Act
• Work Health and Safety Regulations will replace the
current NSW OHS Regulation
• A set of national Codes of Practice will gradually be
introduced
For most workplaces the new WHS Regulations will be
very similar to the current OHS Regulation
WHAT’S COVERED IN THE WHS REGULATIONS
PRELIMINARY
REPRESENTATION AND PARTICIPATION
GENERAL RISK &
WORKPLACE MANAGEMENT
HAZARDOUS WORK
PLANT AND STRUCTURES
WHAT’S COVERED IN THE WHS REGULATIONS
CONSTRUCTION WORK
HAZARDOUS CHEMICALS
ASBESTOS
MAJOR HAZARDOUS FACILITIES
MINES
GENERAL
Managing Risks
•Must identify and eliminate or control risks
•Must eliminate risks and if not reasonably
practicable minimise risks
•Risks unable to be eliminated must be controlled
through a hierarchy of control
•Risk assessment is not mandatory in most cases –
outcome focused
Managing Risks
• Must maintain and review risk control measures
• HSRs can request a review of a control measure in
certain circumstances
• Where specific controls are outlined in the WHS
Regulations they must be followed (e.g. controls
for hazardous chemicals or noise)
Training, Information and Instruction
Must be suitable and reflect:
• The nature of the work carried out by the
worker
• The nature of the risks associated with the
work
• The control measures implemented
Consultation and Representation
• WHS Act includes key requirements
• WHS Regulations:
− Outlines the factors in determining work
groups
− Specifies HSR training details
• Code of Practice provides
further guidance
Issue Resolution
Procedure must take into account:
the degree and immediacy of risk to workers or other
persons involved in the issue;
the number and location of workers and other persons
affected by the issue;
the measures (both temporary and permanent) that must
be implemented to resolve the issue;
who will be responsible for implementing the resolution
measures
Working Environment
• Workplace layout allows persons to move
around and access and exit without risk
• Work space is adequate for the task
• Floors and other surfaces are suitable
• Lighting and ventilation is suitable
• Work in temperature extremes is without
risk
• Work near essential services does not create
risks
Facilities
Must provide facilities including toilets, drinking
water, washing and eating facilities relevant to:
•The nature of the work
•The hazards in the workplace
•The size, location and nature
of the workplace
•The number and
composition of workers
Personal Protective Equipment
• Must be appropriate to the activity and
hazard
• Must be a suitable size and fit and
maintained and replaced as required
• Workers must be informed and trained on
PPE use
First Aid
• Must provide accessible First Aid equipment and
facilities
• Ensure adequate numbers of workers are trained or
have access to others who are trained
• First Aid arrangements must take into account
• The nature of the work
• The hazards in the workplace
• The size, location and nature of the workplace
• The number and composition of workers (and others)
13
Emergency Plan
• Must include procedures for rapid response, evacuation,
notification, medical assistance and communication
• Must inform workers of procedures
• Must be tested in line with plan schedules
• Emergency plan must take into account
− The nature of the work
− The hazards in the workplace
− The size, location and nature of the workplace
− The number and composition of workers (and others)
Short case study exercises No 1
Case 1
Issues to consider
A small business employs 20 people. The injury
register shows lacerations and burns are the
most frequently recorded injury.
• What is the size and layout of the workplace?
• Is the workplace in close proximity to
medical services or hospitals?
• Do any workers work off site?
The existing NSW regulations mandating
number of first aiders, kit numbers and contents
will not be continued in the new WHS
Suggested Conclusions
regulation.
What First Aid arrangements are likely to be
adequate?
• An assessment should be undertaken
• If the workplace is compact then kits can be
located in the main operating areas
• If already complying with the existing NSW
regulations a kit, suitably stocked and a
trained first aider should already been in
place. Arrangements for off site workers and
an additional burns module for the kit may
be required
Falls
Manage the risk of a fall by a person from one level
to another by:
• Ensuring so far as is reasonably practicable that
any work that involves the risk of a fall is carried
out on the ground or on a solid construction
• Providing safe access to and exit from the
workplace or any area within the workplace with
the risk of a fall
Falls
If not reasonably practicable to eliminate the risk of
falling then minimise the risk by providing adequate
protection such as (in order):
• Providing a fall prevention device or
• Providing a work positioning
system, or
• Providing a fall arrest system
Hazardous Manual Tasks
Take into account risk factors including:
•Postures, force, duration and frequency
•Workplace environmental conditions, design and
layout of workplace
•Systems of work used
•Nature, size, weight and number
of persons, animals or things
involved in the hazardous manual task
Remote or Isolated Work
•Must manage risks to the health and safety
of a worker associated with remote or
isolated work
•Must provide a system of work that
includes effective communication
with the worker
Noise
•Ensure that a worker is not
exposed to noise levels above the
exposure standard
•Provide audiometric testing if the
worker is frequently required to
use hearing protection to reduce
exposure to noise and in
combination with other factors
Short case study exercises No 2
Case 2
Issues to consider
A tree faller employed by a small landscaping
company uses a chain saw to fell trees with work
days as long as 10 hours.
• Has the noise level been checked?
The faller has been supplied with hearing
protection and uses it in line with instructions.
The chain saw generates noise above the
exposure standard set out in the WHS regulations
• How long does the worker use the chain saw
for on an average day?
• Is the hearing protection appropriate and well
maintained?
Suggested Conclusions
•
Should the tree faller have his hearing tested and
monitored with audiometric testing?
•
•
The noise is above the exposure standard
and the worker should be consulted about
audiometric testing
Testing should be carried out by qualified
persons and results made available
Depending on results measures should be
taken to reduce exposure (e.g. better
maintenance of saw, up-rated hearing
protection)
Airborne Contaminants
• Must ensure exposure standard for a
substance or mixture is not exceeded
• Must undertake atmospheric monitoring of
contaminants in certain circumstances
• Must keep records and make accessible to
those exposed to contaminants
Hazardous Atmospheres
• Must manage risks associated with
hazardous atmospheres
• Must manage risks associated with an
ignition source in a hazardous atmosphere
• Must ensure that flammable or
combustible substances are kept at the
lowest practicable quantity
Falling Objects
•Must manage risks of falling objects if
reasonably likely to injure a person
•If not possible to eliminate risk then
minimise risks to health and safety by:
− Preventing free fall of objects
− Arresting free fall of object (e.g. barriers, safe
means of lowering objects)
Some things may appear to be missing
Welding
Abrasive blasting
Licensing for load
shifting equipment
Some construction hazards
e.g.: overhead protective structures,
structural collapse, lowering of
materials
GENERAL
DUTIES
Spray Painting
Certificates of competency
for pest controllers
Identification and Management of Risk
What is reasonably practicable - state of knowledge
Short case study exercises No 3
Case 3
Issues to consider
A panel shop regularly undertakes spray
painting of vehicles with two- pack paint . They
use a booth built to Australian Standards and
use relevant protective equipment.
• How does the Managing Risk section of the
regulation apply?
Spray painting will no longer be specifically
regulated under the new WHS regulations.
• How does the airborne contaminants section
of the regulation apply?
• Are there any other section of the regulation
that apply?
Suggested Conclusions
Does this mean the panel shop should conclude
that the process has been de-regulated and
that there are no requirements to meet?
•
•
•
Spray painting must continue to be
undertaken without risk to health and
safety
The hazards must be identified and risk
controls used – the airborne contaminants,
hazardous chemicals and lead process
sections may all apply
Existing practices based on previous
regulation and authoritative guidance will
form the basis of the state of knowledge
Approved Codes of Practice
A practical guide to achieve the
standards of health and safety required
under the Work Health and Safety
(WHS) Act and Regulations
Provide duty holders with guidance on
effective ways to manage work health
and safety risks
What is the legal effect of Codes of Practice?
• Admissible in court proceedings under the WHS Act and Regulations
• May be relied on by courts as evidence of what is known about a
hazard, risk or control and in determining what is reasonably
practicable
• Designed to be used in conjunction with the WHS Act and Regulations
but do not have the same legal implications
• WHS Act and Regulations may be complied with by following another
method if it provides an equivalent or higher standard
• An inspector may refer to an approved Code of Practice when issuing
an improvement or prohibition notice
Codes of Practice
PRIORITY CODES
How to manage work health safety risks
WHS Consultation, Cooperation & Coordination
Managing work environment and facilities
Hazardous manual tasks
Confined spaces
How to prevent falls at workplaces
Preparation of safety data sheets for hazardous chemicals
Labelling workplace hazardous chemicals
How to manage and control asbestos in the workplace
How to safely remove asbestos
WHS Regulation
Managing noise and preventing hearing loss at work
Second Stage Codes of Practice and
Guidance Material
First Aid in the Workplace
Demolition Work
Managing Risks in Construction Work
Spray Painting and Powder Coating
Preventing Falls in Housing Construction
Abrasive Blasting
Managing Electrical Risks at the
Workplace
Welding and Allied Processes
Managing Risks of Hazardous Chemicals
Safe Access in Tree Trimming and
Arboriculture
Managing Risks of Plant in the
Workplace
Preventing and Managing Fatigue in the
Workplace
Safe Design of Building and Structures
Preventing and Responding to Workplace
Bullying
Excavation Work
Transitional arrangements and
WorkCover NSW Codes
Existing NSW Codes of Practice can continue to
operate until replaced by national Codes of Practice
or guidance materials
Where NSW has a Code of Practice on issues that are
not specifically regulated, these Codes will become
guidance material and must be considered when
deciding what is “reasonably practicable”
Questions - Please!