What is a whs duty holder

Learner Guide

This learner guide is copyright protected and belongs to:

BSBWHS501

Ensure a Safe Workplace

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TABLE OF CONTENTS

TABLE OF CONTENTS............................................................................................................................... 3

UNIT INTRODUCTION ............................................................................................................................. 6

ABOUT THIS RESOURCE ..................................................................................................................................................... 6 ABOUT ASSESSMENT ............................................................................................................................................................ 7

ELEMENTS AND PERFORMANCE CRITERIA ...................................................................................... 9

PERFORMANCE EVIDENCE AND KNOWLEDGE EVIDENCE.......................................................... 11

KNOWLEDGE EVIDENCE........................................................................................................................................................... 11 PERFORMANCE EVIDENCE ........................................................................................................................................................ 11

ASSESSMENT CONDITIONS .................................................................................................................... 12

PRE-REQUISITES ....................................................................................................................................... 12

TOPIC 1 – ESTABLISH AND MAINTAIN A WHS MANAGEMENT SYSTEM IN A WORK AREA ..... 13

LOCATE, ADAPT, ADOPT AND COMMUNICATE WHS POLICIES THAT CLEARLY DEFINE

THE ORGANISATION’S COMMITMENT TO COMPLYING WITH WHS LEGISLATION ............... 14

COMMITMENT ....................................................................................................................................................................... 14 PLANNING .................................................................................................................................................................................... 15 IMPLEMENTATION...................................................................................................................................................................... 15 MEASUREMENT AND EVALUATION .......................................................................................................................... 15 REVIEW AND IMPROVEMENT ....................................................................................................................................... 16 SOURCES OF INFORMATION ..................................................................................................................................................... 17 CURRENT WHS/OHS LEGISLATION ............................................................................................................................ 17 REGULATIONS ....................................................................................................................................................................... 18 CODES OF PRACTICE .......................................................................................................................................................... 19

IDENTIFY DUTY HOLDERS AND DEFINE WHS RESPONSIBILITIES FOR ALL WORKPLACE

PERSONNEL ACCORDING TO WHS LEGISLATION, POLICIES, PROCEDURES AND

PROGRAMS .................................................................................................................................................. 21

Worker ...................................................................................................................................................................................... 21 PCBU ....................................................................................................................................................................................... 22 Multiple PCBUs .................................................................................................................................................................... 23 PCBU duty to consult ........................................................................................................................................................... 24 Officer ........................................................................................................................................................................................ 24 Duties of others ...................................................................................................................................................................... 25

MANAGING HAZARDS ............................................................................................................................................................... 25 HEALTH AND SAFETY REPRESENTATIVES ............................................................................................................................. 26 HEALTH AND SAFETY COMMITTEES ....................................................................................................................................... 26

OTHER DUTY HOLDERs ............................................................................................................................................... 27

IDENTIFY AND APPROVE FINANCIAL AND HUMAN RESOURCES REQUIRED BY THE WHS

MANAGEMENT SYSTEM (WHSMS)........................................................................................................ 28

IDENTIFYING RESOURCES NEEDED........................................................................................................................................ 28 Human resources........................................................................................................................................................................ 28

FUNDING WHS INITIATIVES.................................................................................................................................................... 28 APPROVING WHS EXPENDITURE ........................................................................................................................................... 29

TOPIC 2 - ESTABLISH AND MAINTAIN EFFECTIVE AND COMPLIANT PARTICIPATION

ARRANGEMENTS FOR MANAGING WHS IN A WORK AREA ........................................................... 30

WORK WITH WORKERS AND THEIR REPRESENTATIVES TO SET UP, AND MAINTAIN

PARTICIPATION ARRANGEMENTS ACCORDING TO RELEVANT WHS LEGISLATION ........... 30

PARTICIPATIVE ARRANGEMENTS .............................................................................................................................. 30

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BENEFITS OF ESTABLISHING PARTICIPATIVE ARRANGEMENTS ......................................................................................... 30 MECHANISMS ............................................................................................................................................................................... 31 PROVIDING FEEDBACK TO PCBUS......................................................................................................................................... 32 PROVIDING INFORMATION TO WORKERS.............................................................................................................................. 32 PROBLEMS WITH PARTICIPATIVE ARRANGEMENTS .............................................................................................................. 32

APPROPRIATELY RESOLVE ISSUES RAISED THROUGH PARTICIPATION AND

CONSULTATION ARRANGEMENTS ACCORDING TO RELEVANT WHS LEGISLATION ........... 34

IDENTIFY THE WHS HAZARDS OR ISSUES THAT NEED TO BE DEALT WITH ................................................................... 34 Determine appropriate action ..................................................................................................................................................... 34 Specify objectives or performance measures ................................................................................................................................... 35 Monitor the program .................................................................................................................................................................. 35 Evaluate and review ................................................................................................................................................................... 35

PROMPTLY PROVIDE INFORMATION ABOUT THE OUTCOMES OF PARTICIPATION AND

CONSULTATION TO WORKERS AND ENSURE IT IS EASY FOR THEM TO ACCESS AND

UNDERSTAND ........................................................................................................................................... 37

CONSULTATION .......................................................................................................................................................................... 37 REQUIREMENTS TO CONSULT WITH WORKERS ..................................................................................................................... 38 COMMUNICATING APPROPRIATELY ......................................................................................................................... 39 ENSURING ACCESSIBILITY OF INFORMATION ....................................................................................................................... 39 COMMUNICATION IN A TIMELY MANNER .............................................................................................................................. 39

TOPIC 3 - ESTABLISH AND MAINTAIN PROCEDURES FOR EFFECTIVELY IDENTIFYING

HAZARDS, AND ASSESSING AND CONTROLLING RISKS IN A WORK AREA ................................ 40

DEVELOP PROCEDURES FOR ONGOING HAZARD IDENTIFICATION, AND ASSESSMENT

AND CONTROL OF ASSOCIATED RISKS .............................................................................................. 40

DANGEROUS OCCURRENCES .................................................................................................................................................... 40 IDENTIFYING HAZARDS ............................................................................................................................................................ 41 DEVELOPING PROCEDURES FOR IDENTIFYING AND REPORTING HAZARDS .................................................................. 41 PREPARING AN OVERVIEW OF THE WORK ENVIRONMENT ................................................................................................ 42 CONDUCTING FORMAL WORKPLACE INSPECTIONS ............................................................................................................. 42 MANAGING HAZARDS ............................................................................................................................................................... 44 RISK ANALYSIS ............................................................................................................................................................................ 44 ASSESSING RISK .......................................................................................................................................................................... 45 THE HIERARCHY OF RISK CONTROL ....................................................................................................................................... 45

INCLUDE HAZARD IDENTIFICATION AT THE PLANNING, DESIGN AND EVALUATION

STAGES OF ANY CHANGE IN THE WORKPLACE TO ENSURE THAT NEW HAZARDS ARE NOT

CREATED BY THE PROPOSED CHANGES AND EXISTING HAZARDS ARE CONTROLLED ..... 46

PLANNING, DESIGNING AND EVALUATING CHANGES ....................................................................................................... 46

DEVELOP AND MAINTAIN PROCEDURES FOR SELECTING AND IMPLEMENTING RISK

CONTROLS ACCORDING TO THE HIERARCHY OF CONTROL AND WHS LEGISLATIVE

REQUIREMENTS ...................................................................................................................................... 47

HIERARCHY OF RISK CONTROL ............................................................................................................................................... 47 TYPES OF CONTROLS ................................................................................................................................................................. 47

IDENTIFY INADEQUACIES IN EXISTING RISK CONTROLS ACCORDING TO THE

HIERARCHY OF CONTROL AND WHS LEGISLATIVE REQUIREMENTS, AND PROMPTLY

PROVIDE RESOURCES TO ENABLE IMPLEMENTATION OF NEW MEASURES ......................... 49

IDENTIFY REQUIREMENTS FOR EXPERT WHS ADVICE, AND REQUEST THIS ADVICE AS

REQUIRED ................................................................................................................................................. 50

USING WHS EXPERTS ............................................................................................................................................................... 50

TOPIC 4 - EVALUATE AND MAINTAIN A WHS MANAGEMENT SYSTEM ....................................... 51

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DEVELOP AND PROVIDE A WHS INDUCTION AND TRAINING PROGRAM FOR ALL

WORKERS AS PART OF THE ORGANISATION’S TRAINING PROGRAM ......................................... 51

PROVIDING WORKPLACE INDUCTION .................................................................................................................................... 51 ONGOING TRAINING ................................................................................................................................................................. 52

USE A SYSTEM FOR WHS RECORDKEEPING TO ALLOW IDENTIFICATION OF PATTERNS OF

OCCUPATIONAL INJURY AND DISEASE IN THE ORGANISATION, AND TO MAINTAIN A

RECORD OF WHS DECISIONS MADE, INCLUDING REASONS FOR THE DECISION ................. 53

MEASURE AND EVALUATE THE WHSMS IN LINE WITH THE ORGANISATION’S QUALITY

SYSTEMS FRAMEWORK ........................................................................................................................... 55

MEASURING PERFORMANCE .................................................................................................................................................... 55

DEVELOP AND IMPLEMENT IMPROVEMENTS TO THE WHSMS TO ACHIEVE

ORGANISATIONAL WHS OBJECTIVES ................................................................................................. 56

PROACTIVE RESPONSE .............................................................................................................................................................. 56 ACTION PLANS ............................................................................................................................................................................ 57

ENSURE COMPLIANCE WITH THE WHS LEGISLATIVE FRAMEWORK SO THAT, AS A

MINIMUM, WHS LEGAL REQUIREMENTS ARE ACHIEVED ........................................................... 58

CONDUCTING REGULAR AUDITS ............................................................................................................................................. 58

SUMMARY ................................................................................................................................................... 60

REFERENCES ............................................................................................................................................. 61

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UNIT INTRODUCTION

This resource covers the unit BSBWHS501 - Ensure a safe workplace.

This unit describes the skills and knowledge required to establish, maintain and evaluate the

organisation’s work health and safety (WHS) policies, procedures and programs in the relevant

work area, according to WHS legislative requirements. It takes a systems approach and addresses

compliance with relevant legislative requirements.

This unit applies to managers working in a range of contexts who have, or are likely to have

responsibility for WHS as part of their broader management role. It is relevant for people with

obligations under WHS legislation, for example persons conducting a business or undertaking

(PCBUs) or officers, as defined by relevant legislation.

NOTE: The terms 'occupational health and safety' (OHS) and 'work health and safety' (WHS)

are equivalent and generally either can be used in the workplace. In jurisdictions where the Model

WHS Legislation has not been implemented RTOs are advised to contextualise the unit of

competency by referring to the existing State/Territory OHS legislative requirements.

No licensing, legislative or certification requirements apply to this unit at the time of publication.

ABOUT THIS RESOURCE

This resource brings together information to develop your knowledge about this unit. The

information is designed to reflect the requirements of the unit and uses headings to makes it

easier to follow.

Read through this resource to develop your knowledge in preparation for your assessment. You

will be required to complete the assessment tools that are included in your program. At the back

of the resource are a list of references you may find useful to review.

As a student it is important to extend your learning and to search out text books, internet sites,

talk to people at work and read newspaper articles and journals which can provide additional

learning material.

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Your trainer may include additional information and provide activities, slide presentations, and

assessments in class to support your learning.

ABOUT ASSESSMENT

Throughout your training we are committed to your learning by providing a training and

assessment framework that ensures the knowledge gained through training is translated into

practical on the job improvements.

You are going to be assessed for:

 Your skills and knowledge using written and observation activities that apply to your

workplace.

 Your ability to apply your learning.

 Your ability to recognise common principles and actively use these on the job.

You will receive an overall result of Competent or Not Yet Competent for the assessment of this

unit. The assessment is a competency based assessment, which has no pass or fail. You are either

competent or not yet competent. Not Yet Competent means that you still are in the process of

understanding and acquiring the skills and knowledge required to be marked competent. The

assessment process is made up of a number of assessment methods. You are required to achieve

a satisfactory result in each of these to be deemed competent overall.

All of your assessment and training is provided as a positive learning tool. Your assessor will

guide your learning and provide feedback on your responses to the assessment. For valid and

reliable assessment of this unit, a range of assessment methods will be used to assess practical

skills and knowledge.

Your assessment may be conducted through a combination of the following methods:

 Written Activity

 Case Study

 Observation

 Questions

 Third Party Report

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The assessment tool for this unit should be completed within the specified time period following

the delivery of the unit. If you feel you are not yet ready for assessment, discuss this with your

trainer and assessor.

To be successful in this unit you will need to relate your learning to your workplace. You may be

required to demonstrate your skills and be observed by your assessor in your workplace

environment. Some units provide for a simulated work environment and your trainer and

assessor will outline the requirements in these instances.

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ELEMENTS AND PERFORMANCE CRITERIA

1. Establish a WHS

management system in a work

area

1.1 Locate, adapt, adopt and communicate WHS policies that

clearly define the organisation’s commitment to complying

with WHS legislation

1.2 Identify duty holders and define WHS responsibilities for all

workplace personnel according to WHS legislation, policies,

procedures and programs

1.3 Identify and approve financial and human resources required

by the WHS management system (WHSMS)

2. Establish and maintain

effective and compliant

participation arrangements for

managing WHS in a work area

2.1 Work with workers and their representatives to set up and

maintain participation arrangements according to relevant WHS

legislation

2.2 Appropriately resolve issues raised through participation and

consultation arrangements according to relevant WHS legislation

2.3 Promptly provide information about the outcomes of

participation and consultation to workers and ensure it is easy

for them to access and understand

3. Establish and maintain

procedures for effectively

identifying hazards, and

assessing and controlling risks

in a work area

3.1 Develop procedures for ongoing hazard identification, and

assessment and control of associated risks

3.2 Include hazard identification at the planning, design and

evaluation stages of any change in the workplace to ensure that

new hazards are not created by the proposed changes and

existing hazards are controlled

3.3 Develop and maintain procedures for selecting and

implementing risk controls according to the hierarchy of control

and WHS legislative requirements

3.4 Identify inadequacies in existing risk controls according to

the hierarchy of control and WHS legislative requirements, and

promptly provide resources to enable implementation of new

measures

3.5 Identify requirements for expert WHS advice, and request

this advice as required

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4. Evaluate and maintain a

WHS management system

4.1 Develop and provide a WHS induction and training program

for all workers as part of the organisation’s training program

4.2 Use a system for WHS recordkeeping to allow identification

of patterns of occupational injury and disease in the

organisation, and to maintain a record of WHS decisions made,

including reasons for the decision

4.3 Measure and evaluate the WHSMS in line with the

organisation’s quality systems framework

4.4 Develop and implement improvements to the WHSMS to

achieve organisational WHS objectives

4.5 Ensure compliance with the WHS legislative framework so

that, as a minimum, WHS legal requirements are achieved

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PERFORMANCE EVIDENCE AND KNOWLEDGE EVIDENCE

This describes the essential knowledge and skills and their level required for this unit.

KNOWLEDGE EVIDENCE

To complete the unit requirements safely and effectively, the individual must:

 Identify and detail relevant WHS Acts, regulations and codes of practice

 Specify relevant WHS organisational policies, procedures, programs and practices

 Explain hazard identification and risk-management processes

 Describe the hierarchy of risk control and how it is applied in the workplace

 Specify in-house and WHS legislative reporting requirements

PERFORMANCE EVIDENCE

Evidence of the ability to:

 Establish, implement, maintain and evaluate a work health and safety (WHS)

management system for a work area of an organisation in accordance with WHS

legislation including policies, procedures and record keeping

 Ensure organisational WHS compliance

 Establish, implement, maintain and evaluate effective and compliant participation

arrangements for managing WHS including identifying duty holders, identifying and

approving the required resources and developing and implementing a training

program

 Establish, implement, maintain and evaluate procedures for effectively identifying

hazards, and assessing and controlling risks using the hierarchy of risk control

 Provide information and complete documentation for a WHS management system

 Identify requirements for and request expert WHS advice

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Note: If a specific volume or frequency is not stated, then evidence must be provided at least

once.

ASSESSMENT CONDITION S

Assessment must be conducted in a safe environment where evidence gathered demonstrates

consistent performance of typical activities experienced by individuals carrying out work health

and safety duties in the workplace and include access to:

 Organisational WHS policies and procedures

 WHS legislation, regulations and codes of practice

 Case studies and, where possible, real situations

 Interaction with others

Assessors must satisfy NVR/AQTF assessor requirements.

PRE-REQUISITES

This unit must be assessed after the following pre-requisite unit:

There are no pre-requisites for this unit.

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TOPIC 1 – ESTABLISH AND MAINTAIN A WHS MANAG EMENT

SYSTEM IN A WORK AREA

Creating a safe work environment is one of the most important tasks for a manager. A safe workplace enables the

employees to work comfortably without concerns for their own safety. A proactive approach addresses potential

dangers before they become an issue. Get the entire staff involved in workplace safety issues. Working collectively

increases the chances of a safe, productive work environment for all employees.

 Step 1 - Assess the risks specific to the workplace. Each workplace holds its own

risks and dangers based on the nature of the work, so a thorough assessment of the

surroundings is key.

 Step 2 - Create safety policies and procedures that address the identified risks for the

workplace. Ensure that all employees receive training and have access to these

policies and procedures.

 Step 3 - Conduct background checks on potential employees to check for red flags

that could threaten the safety of other employees.

 Step 4 - Inspect the physical space of the workplace to identify dangers. Ensure that

all lighting and safety equipment remain in good working order. Make necessary

repairs to the facilities immediately.

 Step 5 - Create a plan of action in case of an emergency. Consider the types of

emergencies that may threaten the workplace. Practice the emergency response with

the staff to ensure everyone understands the procedures.

 Step 6 - Establish a procedure for visitors in the workplace. Restricting access

without an escort, checking identification and requiring visitors to sign in are typical

procedures.

 Step 7 - Establish an environment that encourages open communication. Initiate a

zero-tolerance policy for violence and discrimination to ensure all employees feel safe

and free to express their opinions.1

1 http://smallbusiness.chron.com/ensure-workplace-safety-43152.html

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LOCATE, ADAPT, ADOPT AND COMMUNICATE WHS

POLICIES THAT CLEARLY DEFINE THE ORGANISATION’S

COMMITMENT TO COMPLYING WITH WHS LEGISLATION

WHS management is comprised of five principles that, if followed, will enable an organisation to

locate, adapt, adopt and communicate WHS policies. These five general principles are:

 Commitment

 Planning

 Implementation

 Measurement and evaluation

 Review and improvement

COMMITMENT

The leadership and commitment of the organisations management team is an important part of

WHS management and is required to successfully implement a WHS policy.

The management team must be willing to participate in an initial review of the organisation’s

current WHS position. They should also be involved in subsequent reviews of WHS. This will

help to provide a clear picture of the organisation’s WHS performance over previous years,

including:

 Hot-spots, or areas in the organisation that have a higher incidence of injuries

 Injury trends (for example, stress or hazardous manual tasks)

 Organisational hazards and methods of risk assessment/control

 Identification of gaps in current WHS management systems

 Compliance with legislative requirements

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PLANNING

When planning WHS policies the first step is to assess the results of the WHS review Once

assessed, management should plan realistic and measurable objectives and targets that fulfill the

organisation’s corporate goals and vision. Plans should include:

 Any resources (financial and human) allocated to achieving the objectives and targets

 Strategies for informing workers when the organisation’s WHS policies are

implemented or improved

 Particulars of any risk management or WHS audit systems that are in place or will be

implemented

 The activities necessary to bring the organisation to full compliance with all relevant

legislation

 Procedures for regularly reviewing the WHS policies

 Consultation arrangements for developing or varying WHS policies to fully inform

workers and ensure that their views are represented

IMPLEMENTATION

The effectiveness of a WHS policy will depend on how successfully it has been implemented and

integrated into the organisation’s daily business operations.

Communication and consultation strategies should be put in place so that all workers understand

their responsibilities and the necessity of implementing an effective WHS policy. These strategies

may include:

 Information meetings

 Preparing brochures or booklets detailing the health and safety workplace

arrangements

 Including information on any internal newsletters or information emails circulated to

workers

 Placing information on bulletin boards or posting signs in prominent areas of the

building

 Consultative forums involving workers, worker representatives and unions

MEASUREMENT AND EVALUATION

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Once a WHS policy is put in place; it is necessary to measure and evaluate performance so the

organisation can monitor the effectiveness of it, and make adjustments to ensure a process of

continuous improvement.

Procedures for measurement and evaluation of the policy should be developed in the planning

stage. These procedures should provide information on:

 Persons responsible for monitoring and evaluation

 Systems developed for measuring WHS performance

 Testing methods specific to your organisation – firedrills, evacuation drills, etc.

 Audit tools to be used, such as WHS-specific audit tools or internally developed audit

methods

REVIEW AND IMPROVEMENT

It is important to regularly review an organisation’s WHS policies. With changes in work systems,

legislation, technology, organisational structure, chemicals, machinery and plant, it is vital that

PCBUs remain aware of changes in their work environment and ensure that the health and safety

of workers are not compromised as a result of these changes.

It is easy to become complacent following the introduction of a WHS policy. This is the reason

ongoing review and improvement is so important—to ensure that WHS performance is

continuously improved wherever possible.

Review of WHS policies may be carried out at any stage following integration with your core

business activities, and can take many forms. For example:

 A full annual audit of the effectiveness of the system

 Regular monthly reviews following analysis of objectives, targets and performance

indicators

 A review following hazard inspections

 During audit of a particular group, division or branch

 As a feedback mechanism from workers following training

 Following an investigation into an incident or accident

 Any instances of non-compliance with legislative requirements

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 Changes necessary as a result of the introduction of new technology, plant,

equipment, chemicals or work practices

SOURCES OF INFORMATION

The above gives you a guide to information about WHS.

You could also refer to:

 The Work Health and Safety Act 2011

 Approved codes of practice

 Agency-specific documents which detail appropriate practices and procedures for the effective management of

WHS at the workplace, for example:

 WHS policies, procedures and agreements

 WHS hazard policies and procedures, including prevention strategies aimed at reducing the incidence of

body stressing or manual task injuries

 Publications produced by Comcare which may be relevant to your requirements availble at

www.comcare.gov.au

 Guidance and fact sheets produced by Safe Work Australia which may be relevant to your requirements

available at www. safeworkaustralia.gov.au

 AS/NZS 4801:2001 Occupational Health and Safety Management systems—specification with

guidance for use

 AS/NZS 4804:2001 Occupational Health and Safety Management systems—general guidelines and

principles, systems and supporting techniques

 Your organisation’s WHS Manager and/or Advisor

 Your organisation’s health and safety policies and procedures

- "The Management Of Work Health And Safety In The Commonwealth." Web. 21 May. 2015 .

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CURRENT WHS/OHS LEGISLATION

2 "The Management Of Work Health And Safety In The Commonwealth." Web. 21 May. 2015 .

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Each State/Territory has a principal WHS/OHS Act, setting out the legal requirements for ensuring workplaces are safe and healthy places. The key principle in each principal Act is the employer’s responsibility known as the employer’s “duty of care”. This is the strict legal duty of the employer to provide a safe and healthy place of work for employees and others. Further requirements in each principal Act spell out the duties and rights of workers, such as the duty to take care of one’s own health and safety and that of others, and rights of worker participation in matters of health and safety via WHS/OHS representatives and WHS/OHS committees. Other groups such as suppliers and manufacturers also have duties in relation to WHS/OHS. Each State/Territory may also have smaller, more specialised Acts dealing with specific aspects of WHS/OHS such as

dangerous goods. Acts may contain site‐specific requirements (permit‐to‐operate regimes) or relate to particular equipment, products or services. -

The following is a representative listing of some relevant State WHS/OHS legislation in force at

the current time (this will change with harmonisation). The complete list of Acts applicable to an

organisation must be based on the operations of the organisation and the scope of its activities,

products and/or services. Always check further with your state and commonwealth bodies if you

are unsure. It is important to note that the name of the Act or Regulation coupled with the year it

was enacted is the total name of the relevant document, so you should always include the year

date, to ensure that it is the correct one.

STATE & COMMONWEALTH OHS STATUTES & REGULATIONS

NSW: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011

ACT: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011

QLD: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011

TAS: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011

WA: Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996

SA: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011

NT: Work Health and Safety Act 2011 Work Health and Safety Regulation 2011

VIC: Occupational Health and Safety Act 2004 Occupational Health and Safety Regulation 2007

REGULATIONS

General WHS/OHS Regulations contain provisions that are designed to help extract the duties

and responsibilities outlined in the principal State/Territory WHS/OHS Acts. Many Regulations

adopt a performance‐based approach but prescribe specific detailed controls for highly

hazardous areas.

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Some regulations are activity‐specific such as those covering work in confined spaces. Others

may be compliance regimes for specific hazards such as noise or specific to particular processes.

Other regulations may be specific to particular industries.

CODES OF PRACTICE

An Approved Code of Practice is an expert practical guide for achieving the standard of safety

required by WHS/OHS legislation for a particular area of work. A Code of Practice provides

further information on the duties referred to in the Acts and supplementary information on safe

work practices, on how employers may meet safety requirements and fulfill their duty of care to

workers. Codes of Practice spell out the duties of employers and other groups in controlling risks

associated with specific hazards.

Workers/supervisors must be familiar with the content of Approved Codes of Practice that are

applicable to their work area and should be able to accurately explain their implications to the

workgroup.

Many Codes of Practice have been or are currently being redrafted through Safe Work Australia

(http://www.safeworkaustralia.gov.au/sites/SWA) as Draft Model Codes of Practice and can be

viewed on the website.

Codes of Practice are not legally enforceable in themselves, but can be used as evidence in court

to show whether or not an employer has satisfied an OHS Act or Regulation or the employer’s

common law duty of care.

Codes of Practice:

 Provide practical guidance

 Should be followed unless another solution achieves the same or better results

 May be used in support of preventive and controlling measures

Codes of Practice, like Regulations, are written in conjunction with the OHS legislation (and

Regulations) to support and enable workers to gain an understanding and work instructions that

allow them to recognise the WHS/OHS requirements in a particular area of their work.

http://www.safeworkaustralia.gov.au/sites/SWA
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Codes of Practice are specific individual work instructions or advice that give clear definitions

and instructions of how an area of work should be treated, managed or performed. Many of

these Codes are written to specific industries where health and safety at work are of special

concern, such as the construction, mining, rural and manufacturing industries. There are,

however, also a number of Codes written which could be considered “generic” because they are

used across many or all industries, such as the Queensland Codes of Practice for First Aid 2004

and Children and Young Workers 2006.

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IDENTIFY DUTY HOLDERS AND DEFINE WHS

RESPONSIBILITIES FOR ALL WORKPLACE PERSONNEL

ACCORDING TO WHS LEGISLATION, POLICIES, PROCEDURES

AND PROGRAMS

Duties under the WHS Act are non-transferable. A person may have more than one duty, and more than one person can have the same duty. However, in that case, each person must discharge the duty to the extent the person has the capacity to influence and control the matter (or would have that capacity but for an agreement or arrangement purporting to limit or remove that capacity). - " WHS duty holders." Web. 21 May. 2015 .

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Duties imposed on a worker to ensure health or safety requires the worker:

 To eliminate risks to health and safety, so far as is reasonably practicable, and

 If it is not reasonably practicable to eliminate risks to health and safety, to minimise

those risks so far as is reasonably practicable

The following section relates to the definitions and responsibilities of duty holders and workplace

personnel. The information below is from the comcare website and is the Australian

Governments definitions of the Roles and Responsibilities of WHS duty holders.

WORKER

WHS practitioners are workers. The WHS Act adopts a broad definition of ‘worker’ to recognise the changing nature of work relationships and to ensure health and safety protection is extended to all types of workers. A worker includes:

 Employees

 Independent contractors

 Sub-contractors

 Outworkers e.g. Home based

 Apprentices

 Work experience students

 Trainees

 Volunteers who work in employment like settings

Volunteer means a person who is acting on a voluntary basis (irrespective of whether they receive out-of-pocket expenses):

 The WHS Act specifically protects volunteers in their capacity as workers

3 " WHS duty holders." Web. 21 May. 2015 .

http://www.comcare.gov.au/WHS/duty_holders/worker
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 Ensures that volunteers are not discouraged from participating in community-based activities

 A ‘volunteer association’ (as defined) is not treated as a business or undertaking

Workers must:

 Take reasonable care of own health and safety

 Take reasonable care that their acts or omissions do not adversely affect the health and safety of other

persons

 Comply, so far as the worker is reasonably able, with any reasonable instruction given by a person

conducting a business or undertaking to allow the person conducting the business or undertaking to comply

with the WHS Act

 Cooperate with any reasonable policy or procedure of the person conducting the business or undertaking

which relates to work health or safety and that has been notified to workers

-" WHS duty holders." Web. 21 May. 2015 .

PCBU

The principal duty holder is a ‘person conducting a business or undertaking’ and has replaced the term ‘employer’. PCBUs include the Commonwealth, Commonwealth Authorities, non-Commonwealth licensees, principal contractors, and will, in some cases, necessitate an analysis to understand who is a PCBU in a particular factual context under the WHS laws. The duty of a person conducting a business or undertaking is probably the most significant conceptual change from the majority of previous OHS Acts. For the public sector, it means that every activity is captured, both policy and operational. This change is aimed at ensuring that the WHS Act coverage extends beyond the traditional employer/employee relationship to include new and evolving work arrangements. PCBU replaces current duties of:

 Employer (to employees)

 Employer conducting business or undertaking (to others)

 Self-employed person (to others)

 The WHS act also places specific upstream duties on PCBU’s who carry out specific activities:

 Persons with management or control of a workplace/fixtures, fittings and plant

 Designers, manufacturers, importers, suppliers and PCBU’s that install construct or commission plant or

structures

 Duties extend to any PCBU who is contributing to work has a duty of care. This can be more than one

duty in relation to specific activities

 ‘Volunteer association’ (as defined) is not treated as a business or undertaking

http://www.comcare.gov.au/WHS/duty_holders/pcbus
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-" WHS duty holders." Web. 21 May. 2015 .

MULTIPLE PCBUS

A PCBU retains overall responsibility for workplace health and safety even if they contract out activities to others under their duty of care obligations. The WHS Act provides that a person can have more than one duty by virtue of being in more than one class of duty holder and that more than one person can concurrently owe the same duty. If more than one person has a duty of care for same matter, then each person:

 Retain responsibility for their duty in relation to the matter

 Must discharge their duty to the extent the matter is within the person’s capacity to influence or control

 Must consult, cooperate and coordinate activities with all other persons who have a duty in relation to the

same matter

-" WHS duty holders." Web. 21 May. 2015 .

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PCBU DUTY TO CONSULT

A PCBU, through its officers, has a duty under the WHS Act to consult with workers at all levels of the business. Senior leaders and managers should promote and foster open lines of communication and consultation with workers. This can be achieved by:

 Creating and nurturing joint partnerships with:

 Workplace work groups

 HSRs and employee representatives

 Other involved PCBUs

 Ensuring effective consultation processes are built into the business through its systems, policies and

procedures

 Engage with workers by being visible and open to feedback and ideas

-" WHS duty holders." Web. 21 May. 2015 .

OFFICER

An officer is a senior executive who makes, or participates in making, decisions that affect the whole, or a substantial part, of a business or undertaking. Officers have a duty to be proactive and continuously ensure that the business or undertaking complies with relevant duties and obligations. The scope of an officers’ duty is directly related to the influential nature of their position. A high standard requires persistent examination and care to ensure that the resources and systems of the business or undertaking are adequate to comply with the duty of care required under the WHS Act. This also requires officers to ensure that delegations are working effectively. Where the officer relies on the expertise of a manager or other person, that expertise must be verified, and the reliance must be reasonable. The intention of the officers’ duty is to ensure engagement and leadership by officers in WHS management, better providing for sustainability and improvement in WHS performance. Officers of PCBUs that have a duty or obligation under the WHS Act must exercise ‘due diligence’ to ensure that the person conducting a business or undertaking complies with that duty or obligation. -" WHS duty holders." Web. 21 May. 2015 .

http://www.comcare.gov.au/WHS/duty_holders/officer
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DUTIES OF OTHERS

All other persons at a workplace, such as visitors or customers, have health and safety duties. They include:

 Taking reasonable care of their own health and safety at the workplace, and ensuring that their acts or

omissions do not adversely affect the health and safety of others at the workplace.

 Complying, so far as they are reasonably able to, with any reasonable instruction that is given by the

PCBU to allow the PCBU to comply with the WHS laws.

-" WHS duty holders." Web. 21 May. 2015 .

4

MANAGING HAZARDS

Workplace hazards exist in all workplaces and organisations. The WHS Act and regulations

require PCBUs to implement risk management practices, including systems to identify hazards,

and then assess and eliminate or control the risks arising from these hazards.

A hazard is an object or situation that has the potential to cause harm, resulting in injury, illness

or damage to property. A risk is the likelihood that a hazard may cause harm. Everyone has

responsibility for reporting hazards they identify at work, and this is critical for maintaining a

healthy and safe workplace.

It may be your responsibility to implement and monitor procedures for identifying hazards and

assessing risks. Every organisation will have procedures in place to identify and monitor its

workplace hazards and risks. It is very important that you adhere to these organisational

procedures. This will help to ensure procedures for hazard identification and risk control are

known and complied with within your workplace

Non-compliance may result in harm or permanent injury to workers or visitors to the workplace.

For example, carpet or lino that has come unstuck may cause someone to trip; chemical spills

that remain on a factory floor may cause a fall; or a poorly maintained air-conditioner may result

in a polluted environment that causes an asthma attack.

Hazards and risks can be avoided with:

 A comprehensive maintenance program

4 -" WHS duty holders." Web. 21 May. 2015 .

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 An effective overall WHS management system

 Regular safety audits

 Purchasing and using equipment and machinery that meets recognised safety

standards

 A system to evaluate and review risk management practices

 An effective process that enables all workers to report hazards as they are identified

in the workplace

HEALTH AND SAFETY REPRESENTATIVES

The role of health and safety representatives (HSRs) is to consult with workers through informal

and formal discussions at worker meetings and via surveys to identify WHS issues that need to

be resolved. HSRs provide information to managers, supervisors and workers. They usually

represent workers in relation to WHS issues and may have authority in some cases. HSRs need to

have a wide range of WHS knowledge, including:

 The organisation's current requirements and obligations in accordance with

legislation, regulation and codes of practice

 How to conduct WHS induction

 The types of incidents that are notifiable

 Requirements for consultation in the workplace

 How to advise on safe work practices

 The process for WHS audits and accident investigations

All organisations are required to ensure that WHS issues are dealt with promptly and in

accordance with the law. The legislation does not require all organisations to have an HSR,

however, an HSR must be appointed if requested.

HEALTH AND SAFETY COMMITTEES

Health and safety committees (HSCs) bring together management and workers to focus on WHS

issues. Under the Work Health and Safety Act 2011 (Cth), an HSC must be set up within two

months of being requested to do so by an HSR or five or more workers in the workplace.

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This legislation also requires an HSC to meet every three months and at any reasonable time if

requested by at least half of the committee members. PCBUs must allow each committee

member to attend a scheduled meeting.

 HSCS play an important role in an organisation by:

 Facilitating cooperation between the PCBU and workers on health and safety

 Discussing identified WHS problems

 Consulting with workers and making recommendations aimed at improving health

and safety in the workplace

 Assisting in developing health and safety standards, rules and procedures

 Monitoring and reporting on WHS performance (including compliance with

legislation and workplace policies and procedures)

OTHER DUTY HOLDERS

Other duty holders could include but not limited to:

 Management

 Health and Safety Inspectors

 Safety Officer

 Fire Warden

 Security Officers

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IDENTIFY AND APPROVE FINANCIAL AND HUMAN

RESOURCES REQUIRED BY THE WHS MANAGEMENT SYSTEM

(WHSMS)

To ensure that you are compliant with WHS legislation and regulations, a planned, systematic

and well-documented WHS management system must be in place. The system must be

appropriate for the business and its activities and must enable relevant workplace information

and data to be examined to identify hazards and assess and control risks.

IDENTIFYING RESOURCES NEEDED

As a health and safety officer, you will need to consult with your team and other stakeholders to

determine their priorities for resources.

HUMAN RESOURCES

People are the most important resource for any WHS action, after all, WHS is about maintaining

the safety of people in the workplace. Implementing WHS initiatives and systems requires both

financial support and human resources. Some of the WHS human resources that may be required

in an organisation will include:

 The health and safety committee (with regard to WHS legislation and regulations)

 Specialist health and safety representatives

 Emergency wardens

 First-aid officers

 Compliance officers or auditors

 Managers, supervisors and workers

FUNDING WHS INITIATIVES

To implement a WHS system can be implemented and maintained without adequate financial

support. For example, finances are needed for the employment and salary of a health and safety

officer, to fund training courses, to purchase physical WHS resources (such as personal

protective equipment) or for upgrading equipment.

Sufficient money must be allocated to allow for these ongoing costs, as well as an allowance for

unforeseen WHS events during the budget period.

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