Burnett Respite Services Inc.
Occupational Health and Safety Policy
Occupational Health and Safety Policy
This is a Controlled Document
Document Information and Revision History
Original Ratification
11th June 2011
Original Author/s
Peter Cullen
Revision History
Revision
No.
Date
Author/s
Notes
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05 November 2011
P. Cullen
Align with the WH&S Act 2011
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Occupational Health and Safety Policy
Occupational Health and Safety
1.0
Occupational Health & Safety (OH&S)
1.1
Definitions
The Act:
For the purposes of this policy, where references to The Act are made, they refer to the Work
Health and Safety Act 2011
Dangerous incident:
A dangerous incident means an incident in relation to a workplace that exposes a worker or any
other person to a serious risk to a person’s health or safety emanating from an immediate or
imminent exposure to:
(a) an uncontrolled escape, spillage or leakage of a substance; or
(b) an uncontrolled implosion, explosion or fire; or
(c) an uncontrolled escape of gas or steam; or
(d) an uncontrolled escape of a pressurised substance; or
(e) electric shock; or
(f) the fall or release from a height of any plant, substance or thing; or
(g) the collapse, overturning, failure or malfunction of, or damage to, any plant that is
required to be authorised for use under a regulation; or
(h) the collapse or partial collapse of a structure; or
(i) the collapse or failure of an excavation or of any shoring supporting an excavation; or
(j) the inrush of water, mud or gas in workings, in an underground excavation or tunnel;
or
(k) the interruption of the main system of ventilation in an underground excavation or
tunnel; or
(l) any other event prescribed under a regulation;
but does not include an incident of a prescribed kind.
Duty:
The employee's duty is to take reasonable care for their own safety and health at work and to
avoid harming the safety and health of other people through any act or omission at work.
This refers to any action by an employee and other things that an employee may forget to do or
choose not to do (i.e. an omission).
The employer has a complementary duty to provide the employee with the information,
instruction, training and supervision necessary to enable the employee to properly fulfil his or her
duty under the Act. The employee has a duty to act in good faith.
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Notifiable incident:
A notifiable incident means:
(a) the death of a person; or
(b) a serious injury or illness of a person; or
(c) a dangerous incident.
Officer:
The term 'officer' in the Work Health and Safety Bill 2011 means an officer within the meaning of
s9 of the Corporations Act 2001 (Cth). The definition in the Corporations Act includes a person
who has the capacity to significantly affect the corporation's financial standing.
The term Officer can therefore be applied to any person or persons who have, or had the capacity
to influence the decision making processes of the organisation, regardless of their standing or
position within the organisation.
Person conducting a business or undertaking (PCBU):
(1) In this Act, person with management or control of a workplace means a person conducting a
business or undertaking to the extent that the business or undertaking involves the management
or control, in whole or in part, of the workplace but does not include:
(a) the occupier of a residence, unless the residence is occupied for the purposes of,
or as part of, the conduct of a business or undertaking; or
(b) a prescribed person.
(1) For this Act, a person conducts a business or undertaking:
(a) whether the person conducts the business or undertaking alone or with others; and
(b) whether or not the business or undertaking is conducted for profit or gain.
(3) If a business or undertaking is conducted by a partnership (other than an incorporated
partnership), a reference in the Act to a person conducting the business or undertaking is to be
read as a reference to each partner in the partnership.
(4) A person does not conduct a business or undertaking to the extent that the person is engaged
solely as a worker in, or as an officer of, that business or undertaking.
(5) An elected member of a local government does not in that capacity conduct a business or
undertaking.
(6) A regulation may specify the circumstances in which a person may be taken not to be a person
who conducts a business or undertaking for the purposes of this Act or any provision of this
Act.
(7) A volunteer association does not conduct a business or undertaking for the purposes of this
Act.
(8) In this section, volunteer association means a group of volunteers working together for 1 or
more community purposes where none of the volunteers, whether alone or jointly with any
other volunteers, employs any person to carry out work for the volunteer association.
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Reasonably practicable:
In the Act, reasonably practicable, in relation to a duty to ensure health and safety, means that
which is, or was at a particular time, reasonably able to be done in relation to ensuring health and
safety, taking into account and weighing up all relevant matters including:
(a) the likelihood of the hazard or the risk concerned occurring; and
(b) the degree of harm that might result from the hazard or the risk; and
(c) what the person concerned knows, or ought reasonably to know, about—
(i) the hazard or the risk; and
(ii) ways of eliminating or minimising the risk; and
(d) the availability and suitability of ways to eliminate or minimise the risk; and
(e) after assessing the extent of the risk and the available ways of eliminating or minimising
the risk, the cost associated with available ways of eliminating or minimising the risk,
including whether the cost is grossly disproportionate to the risk.
Worker:
(1) A person is a worker if the person carries out work in any capacity for a person conducting a
business or undertaking, including work as:
(a) an employee; or
(b) a contractor or subcontractor; or
(c) an employee of a contractor or subcontractor; or
(d) an employee of a labour hire company who has been assigned to work in the
person’s business or undertaking; or
(e) an outworker; or
(f) an apprentice or trainee; or
(g) a student gaining work experience; or
(h) a volunteer; or
(i) a person of a prescribed class.
(2) The person conducting the business or undertaking is also a worker if the person is an
individual who carries out work in that business or undertaking.
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1.2
Objectives
The key aims of Burnett Respite Services Inc’s (BRSI) OH&S policy is:
To provide for a balanced and consistent framework to secure the health and safety of workers
and workplaces by:
(a) protecting workers and other persons against harm to their health, safety and welfare
through the elimination or minimisation of risks arising from work or from particular
types of substances or plant; and
(b) providing for fair and effective workplace representation, consultation, cooperation and
issue resolution in relation to work health and safety; and
(c) encouraging employees, their representatives and the organisation to take a constructive
role in promoting improvements in work health and safety practices, and
(d) promoting the provision of advice, information, education and training in relation to work
health and safety; and
(e) ensuring appropriate scrutiny and review of actions by persons exercising powers and
performing functions within the organisation; and
(g) providing a framework for continuous improvement and progressively higher standards of
work health and safety; and
In particular the Organisation will:
1.3
▪
Identify and eliminate, isolate or minimise workplace hazards; and
▪
Provide training to all employees to ensure they work in a safe and healthy manner and
are aware of their responsibilities under the Organisation’s health and safety
management plan; and
▪
Encourage employees to continuously improve health and safety practices and
procedures; and
▪
Prevent serious harm through early intervention, and support all injured employees
through appropriate rehabilitation; and
▪
Ensure all contractors, subcontractors and visitors are aware of the Organisation's
health and safety management plans; and
▪
Ensure all employees who are injured receive appropriate medical treatment and
complete any necessary documentation in relation to the incident.
▪
Ensure first aid equipment and training is made available.
Responsibilities:
Under Section 27(5) of the Act, a PCBU or Officer is required to (where it is shown to be ‘reasonably
practicable’):
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Acquire up to date WHS knowledge
Know hazards and risks
Have available and appropriate resources/procedures/control measures
Have appropriate incident reporting processes
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 Have & implement compliance processes
 Verify provision & use of resources & procedures
All Staff are also responsible for:
While at work:
(a) taking reasonable care for his or her own health and safety; and
(b) taking reasonable care that his or her acts or omissions do not adversely affect the
health and safety of other persons; and
(c) complying, so far as the worker is reasonably able, with any reasonable instruction
that is given by the person conducting the business or undertaking to allow the
person to comply with this Act; and
(d) co-operating with any reasonable policy or procedure of the person conducting the
business or undertaking relating to health or safety at the workplace that has been
notified to workers.
This also includes:
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Ceasing to operate and reporting immediately any malfunctioning plant or equipment
and continue not to use such plant and equipment until safeguards are in place or
repairs made.
Taking corrective action to eliminate hazards with the workplace and/ or to report
those hazards that the individual cannot correct themselves.
Reporting, and assisting with the investigation of all incidents, near misses and noninjury incidents.
Following all standard work procedures laid down for particular equipment or tasks.
Reporting all injuries and seeking appropriate first aid or medical treatment.
Being familiar with the location of the first aid cabinet, fire protection equipment and
emergency evacuation practices.
Workplace Health & Safety Officer
The WH&SO has a crucial role to play in providing a safe workplace. While there is no longer any
statutory requirement for this organisation to employ a Workplace Health and Safety Officer, a
decision has been taken to continue the role due to the critical nature of the work involved I nteh
position.
It should be recognised that the appointment of a WH&SO in no way reduces any individual’s
responsibility for the health and safety of the workplace and those in it..
1.4
Policy
▪
The Organisation is committed to ensuring the health and safety of all its employees as well as
the safety of visitors, contractors and subcontractors.
▪
The Organisation views OH&S initiatives as an investment in business productivity and
innovation. By maintaining high standards in OH&S, we support our own success by
demonstrating respect and integrity, both in working with others, and in complying with the
law.
▪
Each employee has a role in assuming a responsible and active interest in a healthy and safe
workplace. Good health and safety management is achieved by managers, team leaders and
employees working in partnership, 'thinking ahead', 'doing it right' and 'doing it now'.
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1.5
▪
Accordingly, it is the Organisation’s policy that employees and managers must carry out their
respective responsibilities for compliance with the Organisation’s OH&S Management
processes diligently and conscientiously at all times.
▪
No job is so urgent or important that it requires employee’s to take unacceptable risks. If
there are any doubts as to health and safety, the team leader or manager in charge must err
on the side of caution so that all necessary safeguards under the Organisation’s OH&S
Management processes are fully adhered to without exception.
▪
Adequate first aid equipment must be provided in each work area.
▪
Employees chosen by the Organisation will receive first aid training, with refresher training
provided as required. The Organisation’s objective is to ensure that all employees have
reasonable access to a trained first aider in the event of illness, accident or emergency.
Health and Safety Duties
Principles that apply to duties:
1.
A person can have more than 1 duty by virtue of being in more than 1 class of duty
holder;
2.
More than 1 person can concurrently have the same duty;
3.
Each duty holder must comply with that duty to the standard required by the Act even if
another duty holder has the same duty.
if more than 1 person has a duty for the same matter, each person—
(a) retains responsibility for the person’s duty in relation to the matter; and
(b) must discharge the person’s duty to the extent to which the person has the
capacity to influence and control the matter or would have had that capacity but
for an agreement or arrangement
4.
Primary duty of care
(1) The organisation must ensure, so far as is reasonably practicable, the health and safety of:
(a) workers engaged, or caused to be engaged by the person; and
(b) workers whose activities in carrying out work are influenced or directed by the
person;
while the workers are at work in the business or undertaking.
(2) The organisation must also ensure, so far as is reasonably practicable, that the health and
safety of other persons is not put at risk from work carried out as part of the conduct of the
business or undertaking.
Without limiting subsections (1) and (2), this organisation must ensure, so far as is reasonably
practicable:
(a) the provision and maintenance of a work environment without risks to health and
safety; and
(b) the provision and maintenance of safe plant and structures; and
(c) the provision and maintenance of safe systems of work; and
(d) the safe use, handling and storage of plant, structures and substances; and
(e) the provision of adequate facilities for the welfare at work of workers in carrying out
work for the business or undertaking, including ensuring access to those facilities; and
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(f) the provision of any information, training, instruction or supervision that is necessary
to protect all persons from risks to their health and safety arising from work carried
out as part of the conduct of the business or undertaking; and
(g) that the health of workers and the conditions at the workplace are monitored for the
purpose of preventing illness or injury of workers arising from the conduct of the
business or undertaking.
(3) Where:
(a) a worker occupies accommodation that is owned by, or under the management or
control of the organisation; and
(b) the occupancy is necessary for the purposes of the worker’s engagement because
other accommodation is not reasonably available;
The organisation must, so far as is reasonably practicable, maintain the premises so that the
worker occupying the premises is not exposed to risks to health and safety.
(4) The person with management or control of a workplace must ensure, so far as is reasonably
practicable, that the workplace, the means of entering and exiting the workplace and anything
arising from the workplace are without risks to the health and safety of any person.
Duty of Officers of the all Persons Conducting Business or an Undertaking (PBCU):
(1) Where a PCBU has a duty or obligation under the Act, all officers of the organisation must
exercise due diligence to ensure the organisation complies with the duty or obligation.
(2) Due diligence includes taking reasonable steps:
(a) to acquire and keep up-to-date knowledge of work health and safety matters; and
(b) to gain an understanding of the nature of the operations of the business or
undertaking of the organisation and generally of the hazards and risks associated
with those operations; and
(c) to ensure that the organisation has available for use, and uses, appropriate
resources and processes to eliminate or minimise risks to health and safety from
work carried out as part of the conduct of the business or undertaking; and
(d) to ensure that the organisation has appropriate processes for receiving and
considering information regarding incidents, hazards and risks and responding in a
timely way to that information; and
(e) to ensure that the organisation has, and implements, processes for complying with
any duty or obligation of the organisation under this Act; and
Example—
For paragraph (e), the duties or obligations under this Act of a person
conducting a business or undertaking may include:
• reporting notifiable incidents
• consulting with workers
• ensuring compliance with notices issued under this Act
• ensuring the provision of training and instruction to workers about
work health and safety
• ensuring that health and safety representatives receive their
entitlements to training.
(f) to verify the provision and use of the resources and processes mentioned in
paragraphs (c) to (e).
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Duties of Workers:
While at work, a worker must:
(a) take reasonable care for his or her own health and safety; and
(b) take reasonable care that his or her acts or omissions do not adversely affect the
health and safety of other persons; and
(c) comply, so far as the worker is reasonably able, with any reasonable instruction that
is given by the organisation or its officers to allow the person to comply with this
Act; and
(d) co-operate with any reasonable policy or procedure of the organisation relating to
health or safety at the workplace that has been notified to workers.
Duties of other person at the workplace:
All persons at the workplace, whether or not that person has another duty under this policy or the
Act must:
(a) take reasonable care for his or her own health and safety; and
(b) take reasonable care that his or her acts or omissions do not adversely affect the
health and safety of other persons; and
(c) comply, so far as the person is reasonably able, with any reasonable instruction that
is given by the organisation or its officers, to allow the organisation to comply with
this Act.
Duty to notify of notifiable incidents
(1) The organisation and its officers must ensure that the regulator is notified
immediately after becoming aware that a notifiable incident arising out of the
conduct of the organisation’s business has occurred.
(2) The organisation must keep a record of each notifiable incident for at least 5 years
from the day that notice of the incident is given to the regulator.
1.6
Management of risks
A duty which is imposed on a person to ensure health and safety requires the person:
(1) to eliminate risks to health and safety, so far as is reasonably practicable; and
(2) if it is not reasonably practicable to eliminate risks to health and safety, to minimise
those risks so far as is reasonably practicable.
1.6
Further information
▪
▪
Any employee requiring further information about this policy should contact any member of
the Management Team.
This policy is to be read in conjunction with the following documents:

Behaviour Management Policy

Code of Conduct
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
Critical Incidents Policy

Drug and Alcohol Policy
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Emergency Evacuation Policy
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First Aid Policy
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Home Based Work Policy
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Lifting and Transferring Policy
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Medical Incapacity Policy
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Motor Vehicle Policy
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Overtime and Extended Hours Policy
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Risk Management Policy
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Workplace Rehabilitation Policy

Occupational Health and Safety Manual

Risk Management Manual

Staff Handbook 2011.
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