government legislation
industry requirements:
–standards
– policing
– prosecution
risk assessment
safety training and human factors
workplace culture
WHS communication
discuss the importance of WHS in industry
identify government legislation and industry requirements that ensure a safe working environment
Work related accidents result in a heavy economic and sociological cost to the country. The number of deaths from workplace incidents is greater than the number of deaths from motor accidents. It is therefore of great importance that all workplaces are safe and that risks are minimised to ensure the wellbeing of all employees.
For industry to operate effectively and efficiently there is a need for certain industry standards to be set. These standards govern the way an industry operates in much the same way as standards for road use (the 'rules of the road') govern how people drive on the roads.
Some standards are developed by industry to assist in the smooth and safe operation of that industry, while other standards are set by government and cover all industries.
One of the most important standards for any industry is government legislation relating to safety in the workplace.
In NSW, the Department of Industrial Relations represents the government in formulating structures relating to Work Health and Safety. Correspondingly, WorkCover as a statutory authority has the responsibility for enforcing legislation and providing educational support for the legislation.
The NSW Work Health and Safety Act 2011, aim to protect people at work. The legislation is written in terms of health, safety and the welfare of people in a work environment.
The legislation contains provisions that require the employer to consult with employees on issues of safety, health and welfare. It applies to large and small business and also to the self employed.
This involves:
ensuring work practices are safe and do not pose a threat to the health of workers
ensuring that all tools, equipment and machinery are in safe working order
ensuring that the handling, storage and transport of hazardous materials is carried out safely
ensuring that workers are adequately trained and that there is safety information signage throughout the workplace to help avoid accidents
consulting with workers and/or their representatives about safety concerns
regularly checking and monitoring the workplace for safety hazards and keeping adequate records of procedures.
All workplaces are expected to have an WH&S committee that will:
ensure that the organisation has adequate safety policies and safe working procedures
be aware of the safety and health issues related to that organisation
advise management on risk reduction in the workplace
regularly check working procedures for hazardous practices
provide health and safety training
resolve disagreements or problems.
An employee or worker is a person who carries out work in any capacity for a business or employer or ‘person conducting a business undertaking’ They can be:
an employee
a trainee, apprentice or work experience student
a volunteer
an outworker
a contractor or sub-contractor
an employee of a contractor or sub-contractor
an employee of a labour hire company.
Industry standards may be described in the form of duties and categorised as responsibilities. In the case of Work Health and Safety:
The responsibilities of the employer include:
ensuring that the places of work under their management are safe
ensuring that risk management procedures for the safe use, handling, storage and transport of plant materials are established for their workplace
ensuring that systems of work and the work environments are safe, without risks to health
ensuring that information, instruction, training and supervision is provided to support the safety of employees
ensuring the provision of adequate facilities for the welfare of employees.
The responsibilities of the employee include:
taking reasonable care of the health and safety of themselves and others
cooperating with employers in their efforts to comply with occupational, health and safety requirements.
comply with any reasonable instructions, policies and procedure given by their employer, business or controller of the workplace.
Workers can also be considered visitors under some circumstances.
As a worker, you must take reasonable care of yourself and not do anything that would affect the health and safety of others at work.
You must follow any reasonable health and safety instructions from your employer. It is important that you:
work safely
follow instructions
ask if you’re not sure how to safely perform the work
use personal protective equipment (PPE) in the way you were trained and instructed to use it
report injuries and unsafe and unhealthy situations to your supervisor or to your health and safety representative (HSR).
Breaches of the legislation can result in serious penalties for an individual and the business.
Further information is available from the SafeWork NSW web site.
The communication of important information and safety warnings is essential in the workplace.
The design of safety signage must ensure that information is easy to read, easy to understand (non-ambiguous) and must be able to be interpreted the same way by people of all languages.
That is why signs are created to an internationally recognised standard.
Messages are conveyed using different colours, standard shapes and graphics depending on the purpose of the sign.
SAFETY SIGN VIEWING DISTANCE GUIDE
Signs should be large enough to view without straining the eyes when communicating safety messages to employees and/or visitors. Therefore, choosing the size of a sign is more than fitting it to the space you have available.
In order to comply with AS 1319, you must consider the environment, lighting and viewing distance – these factors will determine the size of sign required to suit your application.
The recommended minimum sizes as per AS 1319 are as follow. For a pictogram and worded sign in a factory or work environment, where lighting is good and the sign will be mounted in a reasonably prominent position:
Pictogram size is to be at least 15mm per metre of viewing distance
Text size:
Upper case: 5mm per metre of viewing distance
Lower case: 4mm per metre of viewing distance
Work Health and Safety Policy document for a large employer (University)
22 June 2018
On 24 September 2015, a 20 year old labourer and a 19 year old labourer, suffered disorientation and vomiting after cleaning inside a metal pontoon, a confined space with no ventilation while using paint thinners.
After a SafeWork NSW investigation the defendant, Central Coast Metal Protectives Pty Ltd, was charged with a breach of section 32 / 19(1) of the Work Health and Safety Act 2011.
On 22 June 2018, the defendant was convicted by the District Court and fined $45,000.
16 April 2018
On 13 May 2016, a worker was seriously injured, when he fell approximately 4.5 metres while removing ceiling panels from a disused cool room.
After a SafeWork NSW investigation the defendant, Wholesale Joinery Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011.
On 16 April 2018, the defendant was convicted by the District Court and fined $120,000.
26 March 2018
On 30 June 2015, a worker was fatally injured when he fell 2.9 metres onto a concrete slab while installing a walking platform between roof trusses.
After a SafeWork NSW investigation the defendant, Co-Wyn Building Contractors Pty Ltd, was charged with a breach of section 32 / 19(1) of the Work Health and Safety Act 2011.
On 26 March 2018, the defendant was convicted by the District Court and fined $405,000.
Employers must manage and control hazards and risks in the workplace.
If you are a director or officer of a corporation or business you have obligations under NSW health and safety laws.
The review of your programs and your health and safety knowledge forms part of your due diligence.
Employers and other PCBUs have a primary duty of care for workers.
You are obliged to consult workers about health and safety.
You must keep a register of all injuries.
Under WHS law, workers injured at work need to be supported by the business.
You must have a return to work program within 12 months of starting your business.
Explain why a company should comply with safety standards.
Work health and safety in the workplace is about ensuring people are aware of the potential dangers and the means of reducing risk. All accidents should be viewed as preventable.
It is the responsibility of the employer to cultivate a safe workplace culture and for the employer and employee to maintain this safe culture.
The formation of an WHS workplace committee offers the opportunity for a collaborative approach to workplace safety where the safe culture of the workplace can be developed.
Assess strategies that a company could implement to establish and maintain a safe work culture.
Work health and safety encompasses many areas. People automatically think about the safety of the working environment in terms of the individual and how plant and equipment is positioned and operated. Whilst the work environment is important, it can only be as safe as the materials being used, handled, stored and transformed within it.
Materials handling incorporates the physical materials - how they are transported, and stored. It also includes the processes undertaken in any manufacturing system together with the impact of these processes on the health and safety of the workers.
Hazardous Substances Regulation 1996 provides information about legislation and the implications for personnel, training in risk assessment and information for those working with hazardous materials where risks should be assessed, controlled and recorded. WorkCover assists companies in the development of risk management procedures for hazardous materials.
Material Safety Data Sheets (MSDS) are the basic source for all hazardous materials containing risk and safety information. The MSDS is required under the Hazardous Substance Regulation to be supplied by manufactures and suppliers. The MSDS contains:
name and address of the manufacturer and or supplier
contact information in case of emergency
name of the product, trade, commercial or chemical
classification with haz-chem code or poisons schedule
Dangerous Goods Legislation provides information regarding storage labelling, licensing and the transport of dangerous goods.
Work-related back injury is the largest area of concern to our medical and insurance system. National data estimates that 95% of injuries in the workplace are preventable and that a reduction of up to 80% can be achieved through risk management.
Using an example, outline the purpose of risk assessment within the timber products and furniture industry.
The purpose of a risk assessment is to understand the nature of the harm that could be caused by the hazard, how serious the harm could be and the likelihood of it happening. A risk assessment is part of an overall risk management process that aims to eliminate, remove or minimise hazards for workers in the industry.[1]
Once a risk assessment is done, various hazard controls can be adopted. A risk assessment allows workers in the timber industry to work safely due to the identity, measurement of severity of harm, and control of hazards. For example, prior to using a power tool a worker will have completed or accessed a risk assessment for the power tool. This will contain information about the correct use, what PPE is required and level of hazards identified in using the equipment. The worker will have had the safe use of the tool demonstrated, have demonstrated theoretical knowledge in its safe use, and demonstrated safe use in using the tool.
An important element of the risk management process is that risk assessments are constantly re-evaluated, particularly if there has been an incident, even if it has not caused an injury, or if there is any change to the equipment or the process. It is also important that risk assessments are done in consultation with the workers. A diligent approach to risk assessments leads to fewer injuries, but also fewer days sick leave which means a more efficient industry in both costing and time.
[1] https://www.safeworkaustralia.gov.au/system/files/documents/1702/how_to_manage_whs_risks.pdf P6