ACTIVITY

Read through the information (right) to learn the differences between an Act, Regulations, Codes of Practice, Standards and Guidance Material. This is also set put in a visual format below.

Attached left is a code of practice for hazardous manual tasks.

1. Read the section '1.3. Who has health and safety duties in relation to hazardous manual tasks?' and summarise in a Google Doc the duties in relation to the following people:

• PCBU - Person conducting a business or undertaking

• Designers, manufacturers, importers, installers and suppliers of plant, substances and structures 

• Officers

• Workers 

• Other persons at the workplace

2. Nagative the following website and have a look at some of the other codes of practice relating to WHS - 

 https://www.safework.nsw.gov.au/resource-library/list-of-all-codes-of-practice

READ

The NSW Work Health and Safety Act 2011 (WHS Act) and the NSW Work Health and Safety Regulation 2017 (WHS Regulation) define the obligations that both employers and workers have to health and safety in the workplace. 

ACTIVITY

Write the heading 'NSW Legislation: WHS' in a Google Doc. Underneath, write a sub-heading 'Obligations of the Employer and Employee'.

Click on the hyperlinks in the information above and list at least five obligations of the employer and at least five obligations of the employee.  

Watch the video (right) to learn about some of the changes in law that have occured in WHS over the years.

ACTIVITY

Engage in a 'Think, Pair, Share' session exploring the following:

"What is the purpose of WHS legislation and what is it's intent?"

THe WHS Act aims to:

• Protect the health and safety of workers and other people by eliminating or minimizing risks arising from work or workplaces

• Ensure fair and effective representation, consultation and cooperation to address and resolve health and safety issues

• Promote information and training relating to health and safety

• Provide effective compliance and enforcement measures, and

• Deliver progressively higher standards of work health and safety.

One job that you may be able to take on in the industry that has a fairly high level of risk is rigging, not just 'rigging' lights but using official rigging equipment. Have a look throught the following safety gudielines associated with rigging an summarise the following points in a Google Doc:

• What is rigging?

• What are the differences between the 4 classes of rigging?

• What qualifications do you need?

• Discuss some control measure listed

• Explain why you think that this document wold be important to read if you were conducting rigging work.

Some work activities are considered “High Risk Work” (HRW) and require special training and accreditation. These activities are also controlled by approved Codes of Practice. Safework NSW is the HRW licensing authority in NSW. 

A few examples (from a longer list) of work which may require a HRW Licence: 

Check with your supervisor to determine what specific licenses are required for carrying out work. 

• asbestos removal

• crane operation

• dogging

• dredging

• earthwork drainage

• erecting scaffolding (over 4 metres)

• forklift, hoist and reach stacker operation

• personnel and material hoist operation

• laying underground electrical and water services where the work is over or under council streets/footpaths

• gasfitting

• producing, storing and transporting prescribed waste

• rigging

• use of pressure equipment working on or near roads

The  WHS legislation uses the term ‘person conducting a business or undertaking' (PCBU) instead of what was previously termed an ‘employer’.  

For the purpose of the WHS Legislation a PCBU includes:

• Sole traders

• Unincorporated associations

• Partnerships

• Companies

• Principal contractors, sub-contractors

• Government departments and authorities

A PCBU includes not for profit businesses or undertakings. Volunteer organisations that employ people are also PCBUs under the WHS legislation.

As a PCBU, you have a duty to ensure the health and safety of workers' and other persons in the workplace. A PCBU must seek to eliminate risks to health and safety so far as reasonably practicable. If a PCBU cannot eliminate a risk, they must minimise the risks so far as is reasonably practicable. 

Under the Work Health and Safety Act 2012 (SA) (WHS Act) an ‘Officer’ includes a person who makes or participates in making decisions that affect the whole or a substantial part of a public authority. . 

An officer may be: 

• a board member

• a director or secretary of a corporation

• a person involved in making major decisions within the corporation

• a receiver, or manager, of the property of a coporation

• an administrator

• a liquidator of a corporation

• a trustee or other person administering an arrangement

As an officer, you must exercise due diligence to ensure your business meets its WHS duties. This includes: making sure your workers and other persons are protected against harm, and making sure your business has suitable safe work systems in place. 

A person is a worker if they carry out work in any capacity for conducting a business or undertaking (PCBU).  

This includes working as: 

• an employee

• a contractor or subcontractor

• an employee of a contractor or subcontractor

• an apprentice or trainee

• a student gaining work experience

• a volunteer

A person conducting the business or undertaking (PCBU) can also be a worker if they carry out work in that business or undertaking. 

While at work a worker must:

• take reasonable care for their own health and safety

• take reasonable care for the health and safety of others

• comply with any reasonable instructions, policies and procedure given by their employer, business or controller of the workplace.

Visits by SafeWork inspectors to workplaces could be in response to:

• an incident

• a complaint

• a request for advice,

• as part of a targeted injury prevention program.

During these visits, inspectors may:

• provide information and advice on the requirements of WHS or workers compensation law

• explain the range of SafeWork products and services available to your business

• provide practical advice on how to eliminate or reduce the risk of injury and illness

• investigate and/or verify compliance with legislative obligations

• issue notices or other instructions to secure compliance with legislation.

Watch the video (left) to learn a bit more about the role of a WHS Inspector.

There are 4 types of offenses relating to WHS laws. They are:

• Industrial Manslaughter

• Catagory 1 - Reckless conduct

• Category 2 - Failure to comply with health and safety duty

• Category 3 - Failure to comply with health and safety duty

They are outlined further below.

Complete the section on 'WHS Compliance' in your workbook (pages 12-18).