RISK MANAGEMENT AND WORKPLACE HEALTH AND SAFETY The changes to the laws that govern workplace health and safety that came into effect on 1 January 2013 have implications for public artists both as contractors of Arts Tasmania and as contractors who sub-contract out parts of the commission. It is critical that you complete a risk management plan for your commission in order to ensure that you identify the potential obstacles to achieving your commission and that you consider how to ensure your safety and the safety of those with whom you work at all times. A risk management plan will enable you to consider what could go wrong and whether you are making assumptions that could be proven to be incorrect. It will help you to identify the risks and determine the best way of mitigating them. A component of your risk management plan is your safe work method statement. This statement shows that you have considered your work practices, the hazards that may be inherent in the work that you do and shows that you have addressed these. It is different to a risk management plan in that it describes the steps required to create and complete the commission and identifies the hazards as opposed to the risks. Both the plan and the statement are designed to protect you and anyone you subcontract. You also have the right and you should ask to see these same documents from the sub-contractors you use as, under the new law, you have a responsibility to ensure that their work practices are also safe. The risk management plan including the safe work method statement must be submitted as part of the detailed design presentation package. Below you will find two templates and some guidelines to help you develop these documents. You can use these templates or submit plans in your own format. You will not be authorised to proceed to the next stage of your commission until these documents have been submitted to Arts Tasmania. The WorkSafe Tasmania website, www.worksafe.tas.gov.au, also has links to the legislation and a range of Codes of Practice which are practical guides to achieving the standards of health, safety and welfare required by law and which could help in the development of your risk management plan and safe work methods statement. Risk management plan Please provide a plan that demonstrates: The range of potential risks associated with your commission and their source The probability of the potential risks eventuating The impact of these risks on the commission if they occur Your strategies to control and mitigate these potential risks. You should consider the potential risks in each of the four areas below. As a guide we have provided some examples to prompt your thinking: environmental/external risks (risks beyond your control) - consider whether your artwork design may be impacted upon by unexpected changes to the building design made by the architect, changes to the building materials and finishes made by the building project manager or by legislation that relates to the kind of work you are proposing. Think about the potential restrictions that weather may have on the transport, construction or installation of the artwork. Consider the availability of the materials you are proposing and what impact it would have if these materials were no longer available or viable. Determine what impact vandalism may have on the artwork. financial risks – consider whether you have developed a realistic budget and whether you have researched all of the potential costs associated with every component of the commission. What are the impacts of a delay in the project for your cashflow and for your budget – will a delay impact on materials costs? Are you insured against any financial risk? Have you included a contingency? What happens if a sub-contractor does not deliver or underperforms? management risks – consider the risks associated with using sub-contractors over whom you have less control. Can you seek guarantees of products and services in writing? Have you investigated your sub-contractor’s replacement or repair policy in case they do not deliver to the standard required? Do you have appropriate and adequate insurance in place? Are there sensitivities associated with the conceptual content or location of the commission – e.g. school, hospital or prison? personnel risks – consider the range of stakeholders with whom you will be dealing. What if these relationships are compromised? What impact might it have on the commission? Are there particular stakeholder groups who may have strong opinions about any potential designs for the site? Consider your communication skills and channels – are there possible risks? Safe work methods statement (SWMS) A SWMS is an explanation of all of the processes and steps associated with the creation of this commission. It shows that you have considered the whole process in careful detail from travelling to the first meeting until the handover. In writing your SWMS you should describe each step in the process, identify any hazards that may be associated with the artwork, the safety controls that you will use to minimise these and therefore the steps you haven taken to protect health and safety. Hazards can include: physical hazards – floors, stairs, ladders, fire, falling objects, slippery surfaces, manual handling, noise, vibration, heat and cold, poor lighting, etc. mechanical and/or electrical hazards – electricity, machinery, equipment, hoists, etc. chemical hazards – dangerous goods, chemical substances, cleaning agents, dust and fumes, air quality, acids or poisons and chemicals that could lead to a fire or explosion biological hazards – bacteria, viruses, mould, vermin, animals radiation hazards - UV light from sunlight, microwaves from mobile phones, x-rays psychosocial hazards – excessive work stress arising from a range of sources including workload, trauma, contractor or sub-contractor relationships Options for controlling the risks include eliminating the risk entirely by removing it, substituting or modifying the hazard by replacing it with something less dangerous, isolating the hazard by physically removing it or cordoning it off, engineering controls for example redesigning your work set up, administrative controls for example limiting the time you are exposed to a potential hazard and using personal protective equipment. Arts Tasmania Public Art Program Officers are happy to assist artists with the risk assessment process. Risk management plan and workplace health and safety 2 of 7 Page PROJECT NAME ARTIST NAME DATE RISK MANAGEMENT PLAN with examples – please delete the examples and insert additional rows for your own plan as required Risk/Source What, where and how can it happen Probability Environmental/External Risk Freight charges increase from original quote – e.g. Artwork transport to King Island Medium/High Risk management plan and workplace health and safety Controls What you will do / have done Impact Additional costs may exceed budgeted amount. An alternative freighting arrangement may need to be found. This may impact on the delivery date Ensure the quote is in writing Make a note of when the quote expires Ensure artwork packaged to size quoted Page 3 of 7 Financial Risk Material costs changing due to rising $AUD Medium/High Management Risks Sub-contractor has produced substandard work High that has not met the required Australian Standards and the Building Code of Australia Risk management plan and workplace health and safety Change to the design may be required Use of less preferred material than originally planned may be required Materials budget exceeded and delays caused to project Additional costs may be incurred to replace the component or service the sub-contractor has provided Time involved in sourcing another sub-contractor leads to delays Potential liability claim from injury caused to member of the public because the required Standards have not been met Ensure you allow for a sufficient contingency amount in your budget allocation You keep lines of communication open with your supplier Ensure design does not rely on having to use only one particular material but could be achieved with an alternative Maintain good, clear, regular communication channels with your subcontractor and document all communications Provide written brief to sub-contractor including expectations and Standards compliance requirements and get guarantees of products or services in writing Check details at every stage of fabrication with the required consultant i.e engineer Page 4 of 7 to check footing cagebolt assembly prior to moving cagebolt assembly to site Compromise to the commission design Building user/Client unhappy with the final product Confrontation impacts on ability to work and deliver commission on time Personnel Risks Dealing with a difficult/confrontational client Medium Risk management plan and workplace health and safety Take minutes and notes in meetings to record discussions Call the Arts Tasmania Public Art Program Officer to negotiate on your behalf Stay professional and do not take it personally – grow a thick skin. Page 5 of 7 PROJECT NAME ARTIST NAME DATE SAFE WORK METHODS STATEMENT with examples – please delete the examples and insert additional rows for your own plan as required Critical steps in this job A step by step Site inspection to determine location of artwork Loading and unloading of heavy materials Risk management plan and workplace health and safety Safety control What you will do / have done Potential hazard Site is still under construction so there may be trip and fall hazards, machinery on site and heavy vehicles including earth moving equipment Potential for back injury if incorrect lifting techniques are used Materials may fall if they are not secured Request site safety induction from works foreman prior to entry to the site Request hard hat and high visibility vest Ensure I am accompanied at all times when on site Use safe lifting techniques (keep back straight and bend knees). Use a second person if required. Consider hoist. Use straps and ropes to secure materials and store in a stable, flat location Page 6 of 7 Sub-contractor’s work methods do not comply with safe work practices Fabrication of work by sub-contractor Risk management plan and workplace health and safety Request a copy of Safe Working Methods Statement and Risk Management Plan from sub-contractors when requesting quote and factor into considerations as to which subcontractor to appoint Page 7 of 7