CONTENTS
Occupational Health and Safety
6
Occupational Health and Safety
6.1
Introduction
1
6.2
NSW Occupational Health and Safety Legislation
2
6.2.1
Occupational Health and Safety Act 2000
2
6.2.2
Occupational Health and Safety Regulation 2001
2
6.3
Rights and Responsibilities
3
6.3.1
Duties of Employers
3
6.3.2
Duties of Employees
3
6.3.3
WorkCover Inspectors
3
6.3.4
Industrial Officer of Unions
4
6.4
Workplace Consultation
5
6.4.1
Duty to Consult
5
6.4.2
Consultation Arrangements
5
6.4.3
Consultation Requirements
5
6.4.4
Training for OHS Committee Members and Representatives
6
6.5
Risk Management
7
6.5.1
Hazard Identification & Risk Assessment
7
6.5.2
Risk Control
7
6.5.3
Monitor and Review
8
6.5.4
Information, Instruction, Training and Supervision
8
6.6
Workplace Hazards
9
6.7
Workplace Practices and Systems
10
6.8
Health Care and Safety
11
6.9
Injury Notification
12
6.10
Other Resources
13
Teachers Handbook 2003
CONTENTS
6.1
Introduction
Introduction
Occupational health and safety concerns the health, safety and welfare of all people in the
workplace. The overarching emphasis is on the prevention of work-related incidents, illness,
disease and injury. Safe and healthy workplaces depend on safe people, safe systems of work,
safe property and plant and safe work environments.
The Department of Education and Training (DET) as employer is committed to ensuring a safe
and healthy working environment in public schools in NSW.
Teachers Handbook 2003
page 6-1
CONTENTS
6.2
NSW Occupational Health and Safety Legislation
NSW Occupational Health and Safety Legislation
It is the responsibility of DET, its employees and others in the workplace to comply with the
NSW OHS Act 2000 and OHS Regulation 2001.
6.2.1
The NSW Occupational Health and Safety Act 2000
The OHS Act aims to protect the health, safety and welfare of people in the workplace. It sets out
the legal obligations of employers to ensure a safe working environment for all employees,
contractors and workplace visitors. It requires employers to consult with employees about issues
that might affect their health, safety and welfare and to share information with them about these
issues. Employees are to be given the opportunity to express their views and contribute their
ideas for resolving OHS issues.
6.2.2
The NSW Occupational Health and Safety Regulation 2001
The OHS Regulation replaces all regulations made under the Occupational Health and Safety Act
1983. It establishes the legal framework for managing health and safety and gives particular
emphasis to risk management and workplace consultation on OHS.
Teachers Handbook 2003
page 6-2
CONTENTS
6.3
Rights and Responsibilities
6.3.1
Duties of Employers
Rights and Responsibilities
An employer must ensure the health, safety and welfare at work of all of its employees.
This duty extends to the following:





Maintaining places of work under its control in a safe condition and ensuring safe entrances
and exits.
Making arrangements for ensuring safe use, handling, storage and transport of plant and
substances.
Providing and maintaining systems of work and working environments, that are safe and
without risk to health.
Providing information, instruction, training and supervision necessary to ensure the health and
safety of employees.
Providing adequate facilities for the welfare of employees.
An employer must ensure that non-employees (students, visitors, etc) are not exposed to risks to
their health or safety arising from the conduct of the employer’s undertaking while they are at the
employer’s place of work.
6.3.2
Duties of Employees
Employees must:


Take reasonable care for the health and safety of themselves and others at the workplace.
Co-operate with employers so far as is necessary to enable compliance with the OHS Act and
the OHS Regulation.
All persons must not:




6.3.3
Obstruct attempts or refuse a reasonable request to assist in giving aid where a person at
work is ill or injured
Obstruct attempts or refuse a reasonable request to assist in avoiding or preventing serious
risk to the health and safety of a person at work
Disrupt the workplace by deliberately creating a health and safety risk
Misuse anything provided for the health, safety or welfare of persons at work.
WorkCover Inspectors
The OHS Act stipulates the role of WorkCover in managing workplace safety.
WorkCover’s role is to:





Ensure compliance through inspections, investigations, penalties and prosecutions.
Provide information and assistance.
Conduct the licensing and certification of premises.
Provide guidelines on the operation of hazardous equipment.
Implement targeted prevention and education programs.
WorkCover inspectors are given inspection powers, including the right to enter work premises,
obtain information, documents and evidence. Inspectors can be accompanied by an employee
representative during an inspection, if requested.
Teachers Handbook 2003
page 6-3
CONTENTS
6.3.4
Rights and Responsibilities
Industrial Officers of Unions
Authorised Industrial Officers of a union, (usually a Teachers Federation or PSA organiser but
excluding workplace union representative) may enter a workplace to investigate a suspected
breach of the Act. They have the power to make searches, inspect and take copies of records at
the premises that directly relate to the occupational health and safety of employees working at the
premises. They do not have the power to insist upon answers to questions or interviews with
individuals. They may discuss safety matters with members of the union.
Teachers Handbook 2003
page 6-4
CONTENTS
Workplace Consultation
6.4
Workplace Consultation
6.4.1
Duty to Consult
The OHS Act imposes on employers a duty to consult employees so they can contribute to
decisions regarding OHS matters.
Consultation requires that:



6.4.2
Relevant information is shared about occupational health, safety and welfare with employees.
Employees be given the opportunity to express their views and to contribute in a timely
fashion to the resolution of occupational health, safety and welfare issues at their place of
work.
The views of employees are valued and taken into account by the employer.
Consultation Arrangements
The OHS Regulation sets out procedures for the establishment and maintenance of consultation
arrangements as well as for resolving matters that may present a risk to health and safety.
The OHS Act provides that:







An OHS Committee be established if the employer has 20 or more employees and the
majority of employees make such a request or if WorkCover directs.
An OHS Representative be elected if at least one employee makes such a request or if
WorkCover directs.
An employer may make arrangements for the establishment of a Committee or the
election of a Representative whether or not it has been requested by any of their
employees.
OHS representatives and employee representatives on OHS committees are elected by
and from employees in the relevant workgroups which they represent.
Any Other Agreed Arrangements may be made between the employer and their
employees.
An employer publicise their consultation arrangements and provide reasonable facilities
and access to both the workplace and employees, during working hours, to enable
consultation to occur.
An employee must take reasonable steps to prevent risks by notifying the employer,
either directly or through the consultation arrangements, of any matter affecting
compliance with the regulation
For more information on setting up consultation arrangements including minimum requirements
for OHS committees and OHS representatives as well as Other Agreed Arrangements, go to:
www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/ohsconsult.htm
6.4.3
Consultation Requirements
Consultation is required when:





Risks to health and safety arising from work are assessed or when the assessment of those
risks is reviewed.
Decisions are made about the measures to be taken to eliminate or, if not reasonably
practicable, control those risks.
Introducing or altering the procedures for monitoring those risks.
Decisions are made about the adequacy of facilities for the welfare of employees.
Changes that may affect health, safety or welfare are proposed to the premises where
persons work, to the systems or methods of work or to the plant or substances used for work
and decisions are made about the procedures for consultation.
Teachers Handbook 2003
page 6-5
CONTENTS
6.4.4
Workplace Consultation
Training for OHS Committees Members and Representatives
An employer must ensure that each member of an OHS Committee and each OHS
Representative undertakes a course of training as soon as practicable (unless the person has
previously undertaken an approved course of training) so that they can undertake their duties
effectively.
DET runs WorkCover accredited consultation courses through its district offices. Contact your
district Staff Support Officer for further details.
Teachers Handbook 2003
page 6-6
CONTENTS
6.5
Risk Management
Risk Management
The OHS Regulation imposes obligations on the employer to identify foreseeable hazards, assess
the risks posed by those hazards and eliminate those risks, or if not reasonably practicable to do
so, control the risks. The legislation also requires employees to co-operate with the employer in
implementing risk management.
The OHS Regulation imposes a duty on the employer to adopt a risk management approach by:




Knowing the OHS problems in the workplace. (identifying hazards)
Being aware of the harm they can cause. (assessing the risk)
Doing something about it to ensure that people are not harmed. (eliminating or controlling the
risk)
Ensuring that elimination or control measures continue to be effective. (monitoring and
reviewing)
Risk management needs to be conducted:





6.5.1
Before setting up and using a workplace
When planning work processes
Before installing, commissioning or erecting plant
Whenever changes are made to the workplace, the system or method of work, the plant used
and the chemicals used
Whenever new information regarding work processes becomes available.
Hazard Identification & Risk Assessment
The employer must take reasonable care to identify hazards arising from:









Work premises
Work practices and systems
Plant
Hazardous substances
Manual handling
Layout and condition of a place of work
Biological organisms
Physical working environment
Potential for workplace violence.
Risk assessment is the process of determining the level of risk a hazard poses to health and
safety and assigning a priority level for dealing with the risk. All available information should be
considered when undertaking a risk assessment.
Hazards should be assessed according to:
6.5.2

the likelihood that the hazard will cause an injury and

the severity of injury likely to be caused by a particular hazard.
Risk Control
All foreseeable hazards in the workplace must be identified, the risks that these hazards pose to
health and safety must be assessed and strategies implemented to eliminate or control those
risks. If it is not reasonably practicable to eliminate the risks then they need to be controlled to the
fullest extent possible.
Teachers Handbook 2003
page 6-7
CONTENTS
Risk Management
There is a responsibility for a workplace to:









6.5.3
Review risk assessments and control measures.
Provide instruction, training and information.
Provide supervision.
Provide and maintain personal protective equipment.
Obtain information.
Provide for emergencies.
Provide amenities.
Maintain amenities and accommodation.
Provide first aid facilities and personnel.
Monitor and Review
The workplace must review a risk assessment and any measures adopted to control those risks
whenever:



6.5.4
There is evidence that the risk is no longer valid.
Injury or illness results from exposure to a hazard to which the risk assessment relates.
A significant change is proposed in the workplace or work practices or procedures to which
the risk assessment relates.
Information, Instruction, Training and Supervision
The workplace must ensure that all employees and non-employees understand the risks
associated with the workplace.
This means:







All new employees, including casual staff, receive induction training about arrangements for
OH&S including reporting hazards, health and safety procedures, as well as access to health
and safety information.
That any person who may be exposed to a health and safety risk at the workplace is informed
of the risk and provided with any information, instruction and training necessary to ensure
their health and safety.
Staff are to be provided with access to all necessary OHS information including OHS
legislation, Codes of Practices, Standards, manufacturer’s instructions, Material Safety Data
Sheets (MSDS), manuals, written safe working procedures and policies.
Staff are to be made aware of hazard, incident and injury reporting procedures.
Staff are to be informed, instructed and/or trained on the correct use and maintenance of
personal protective equipment.
That training is documented and these records retained for five years.
Adequate supervision is provided by a competent person to ensure the health and safety of
employees.
Teachers Handbook 2003
page 6-8
CONTENTS
6.6
Workplace Hazards
Workplace Hazards
There are specific requirements under the OHS Regulation in relation to the following:

The working environment:
o safe access and egress
o noise
o lighting
o cold and heat
o slips, trips and falls
o working at heights


Manual handling

Hazardous substances:
o chemical safety
o biological safety
o atmosphere

Psychological hazards:
o workplace violence
o stress
Mechanical and electrical plant:
o plant, equipment and machinery
o electricity
For more information on any of the above workplace hazards see Appendix 13.3 OHS Workplace
Requirements.
Teachers Handbook 2003
page 6-9
CONTENTS
6.7
Work Practices and Systems
Work Practices and Systems
There are also specific requirements under the OHS Regulation in relation to the following:


Purchasing of Materials, Equipment and Substances
Signs and posters
For more information on any of the above work practices and systems see Appendix 13.3 OHS
Workplace Requirements.
Teachers Handbook 2003
page 6-10
CONTENTS
6.8
Health Care and Safety
Health Care and Safety
The OHS Regulation includes specific provisions in relation to:




First Aid
Personal Protective Equipment (PPE)
Amenities
Managing Emergencies
Requirements also flow from the general duties provisions of the OHS Act in relation to smoking in the
workplace.
For more information on any of the above provisions or on the Department’s non-smoking policy see
Appendix 13.3 OHS Workplace Requirements.
Teachers Handbook 2003
page 6-11
CONTENTS
6.9
Injury Notification
Injury Notification
There are specific requirements under both the Injury Management and Workers Compensation
Act the OHS Regulation.
The key points are:
An employee must:






Notify the employer as soon as possible, either orally or in writing, of an injury, illness or
disease.
Enter the details in the register of injuries.
Consult a doctor to arrange treatment where necessary and participate and cooperate in the
development of the injury management plan.
Obtain a WorkCover medical certificate from the treating doctor if required.
Authorise the doctor to provide relevant information to both GIO and the employer.
Make all reasonable efforts to return to work as soon as possible.
The Department is responsible for notifying GIO within 48 hours of any injury or illness for which
workers compensation is payable or may be payable.
In addition, employers and/or occupiers of workplace premises are required to notify WorkCover
of certain work-related incidents:
Serious incidents are defined in Clause 344 of the OHS Regulation and include:
- An injury that has resulted in loss of life.
- The placing of a person on life support system.
- Amputation of a limb.
Other incidents are defined in Clause 341 of the OHS Regulation and include:
- An injury or illness to a non-employee at the workplace (supported by a medical
certificate) who is unfit to carry out their usual activities, for a continuous period of 7 days
- Explosion or fire.
- Escape of gas or dangerous goods.
- Substantial property damage.
- Exposure to bodily fluids that presents a risk of transmission of blood-borne diseases.
There may be multiple reporting requirements depending on the type of incident, whether the
person involved was an employee or non-employee and whether or not an injury was sustained.
The principal or manager, as delegate for the Department, is responsible for ensuring that
notifications are made within the timeframes specified by the legislation.
Teachers Handbook 2003
page 6-12
CONTENTS
6.10
Other Resources
Other Resources
Description
Reference
Australasian Legal Information Institute
www.austlii.edu.au
WorkCover Authority
Website: www.workcover.nsw.gov.au
Email: contact@workcover.nsw.gov.au
Comcare (for Commonwealth agencies)
Website: www.comcare.gov.au
Email: ohs.help@comcare.gov.au
Provides online access to Australian legislation and
case law.
Offers advice and guidance on compliance with OHS
legislation.
The WorkCover Authority provides this information
through information centres, bookshops, libraries,
phone help lines, internet sites, publications,
education and prevention programs including
practical guidance material.
Most publications are available online.
National Occupational Health and Safety
Commission
Website: www.nohsc.gov.au
Email: info@nohsc.gov.au
NOHSC (Worksafe Australia) publishes and
disseminates OHS information including national
standards, codes of practice, guidance notes,
national guidelines, model regulations, technical
reports and other materials.
“Taking Safety Seriously - a systematic
approach to managing workplace risks in
the NSW public sector”.
www.premiers.nsw.gov.au/our_library//work
place_safety/taking_safety_seriously.pdf
This policy and guidelines apply to all government
agencies and can be downloaded from the Premier’s
Department website.
“Occupational, Health, Safety & Injury
Management – A Guide for the Principal
and Management.” DET 2000
http://detwww.det.nsw.edu.au/directorates/p
ersonnel/ohseaps/ohsguide.htm
Contents include DET policies on OHS, Injury
Management and Workplace rehabilitation; related
legislation; risk management; management of
workplace injury; staff welfare; staff development
handouts and checklists.
Copy available from Principal.
“Chemical Safety in Schools” Vol 1 & 2.
DET 1999
http://detwww.det.nsw.edu.au/directorates/p
roperties/chemicals/index.htm
A resource package which assists schools to satisfy
legislative obligations to use and handle chemicals
safely.
The CD ROM provides an effective way of accessing
information about chemicals and maintaining required
records.
Copy available from Principal/School Coordinator
CSIS.
“Guidelines for Schools and TAFE NSW
Colleges and Campuses: Management of
Serious Incidents” DET 2000
http://www.det.nsw.edu.au/policies/seriinci/
manaseri/index.htm
Standards Australia
Website: www.standards.com.au
Email: sales@standards.com.au
Teachers Handbook 2003
The guidelines provide support for each NSW
government school and TAFE NSW college and
campus to develop or revise its own Serious Incidents
Management Plan.
Copy available from Principal.
Provides comprehensive information on the
Australian Standards adopted for safe work practices.
Booklets are available for purchase.
page 6-13
CONTENTS
OHS&R Directorate,
http://detwww.det.nsw.edu.au/adminandma
nage/ohands/index.htm
Teachers Handbook 2003
Other Resources
Training and other support materials for implementing
OHS are available on the DET Intranet.
page 6-14