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PRESENTATION 1:

ESTABLISHING AND MAINTAINING A


WHS MANAGEMENT SYSTEM

LESSON OBJECTIVES
At the close of this presentation you will be able to:
1.1 Locate, adapt, adopt and communicate WHS policies that clearly
define the organisations 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).

LOCATING RELEVANT OCCUPATIONAL HEALTH AND SAFETY LEGISLATION

When locating current legislation and related documentation, it is


important to establish which legislation and guidance material is
relevant to the organisation we are interested in. We need to consider:
where the work is taking place, to understand what geographical
(state, federal, etc.) jurisdiction applies;
the activities being undertaken, to understand what industry
jurisdiction applies e.g. construction, manufacturing, ICT;
what risks arise from the activities, to understand what specific
legislation and guidance material applies e.g. use of chemicals,
manual handling;
what roles the organisation plays e.g. designers, manufacturer
or suppliers of plant; and
what employment relationships there are e.g. contractors,
volunteers.

STATE AND TERRITORY LEVEL WHS


JURISDICTIONS IN AUSTRALIA

LEGISLATION AND GUIDELINES

THE WORK HEALTH AND SAFETY ACT


(2011)
Harmonised work health and safety laws aim to ensure work health
and safety regulators with functions including:
Providing advice and information to duty holders and the
community,
Monitoring and enforcing compliance with work health and
safety laws,
Fostering co-operative, consultative relationships between
duty holders and the persons and representatives they owe a
duty to,
Sharing information with other regulators, and

Conducting and defending proceedings under work health and


safety laws.

THE WORK HEALTH AND SAFETY


REGULATIONS (2011)
Work Health and Safety Regulations (2011) provide employers with a
lot of structure within a statutory framework that provide details on
how to implement legislation. Regulations cover:

The Health and Safety Representative election processing

Statutory notices; and

The details about incident notifications

Changing definitions of a Worker

Rights and responsibilities of WHS Representatives and


Committees

Right of entry for WHS Inspectors

Problem resolution procedures

CODES OF PRACTICE
Codes of practice are practical guides to achieving the standards of
health, safety and welfare required under the Work Health and Safety
(WHS) Act and the WHS Regulations in a jurisdiction.
Examples of Codes of Practice currently available include:
Work Health and Safety Consultation Co-operation and Coordination
Managing the Work Environment and Facilities
First Aid in the Workplace
Managing Electrical Risks at the Workplace
Hazardous Manual Tasks
Managing Noise and Preventing Hearing Loss at Work
How to Manage Work Health and Safety Risks
There are several others available and underdevelopment. Codes of
Practice are developed by Safe Work Australia and are available for
download off their website.

AUSTRALIAN STANDARDS
A standard is a document that provides instructions on how to ensure
safe, reliable and consistent work environment.

The standards that relate to Health and Safety Management


Systems and Risk Management include:

AS/NZS 4801: Occupational Health and Safety Management


Systems.

AS/NZS 4804: Occupational Health and Safety Management


Systems General Guidelines on Principles, Systems and
Supporting Techniques.

OHSAS 18001: Occupational Health and Safety Management


Systems. Requirements

AS/NZS ISO 31000: Risk Management Principles and


Guidelines.

These standards can be downloaded and reviewed from:


http://infostore.saiglobal.com/store/

INTERNAL AND EXTERNAL AUDITS


Australian Standards point to the need for the organisations WHSMS to
be subject to both internal and external audits.
Internal audits are useful for:
preparing and familiarising staff with the audit process,
reminding staff of WHS processes and responsibilities,

checking staff understanding of WHS processes and responsibilities,

Identifying areas of concern and focus for continuous improvement of


the WHSMS.

External audits are useful for:


gaining an accurate and non-biased understanding on the
organisations WHSMS,
checking the internal audits have been carried out effectively,

identifying areas of concern and non-compliance that can help


prioritise and focus WHS resource allocation.

See your e-book for an example WHSMS evaluation form.

COMMUNICATING WHS POLICIES AND


PROCEDURES
Policies and procedures need to be readily available
and accessible to all staff.
WHS policies and procedures are typically found in
either paper or electronic format.
No matter what format is used, information must be
easily accessible and in a manner that workers can
understand.
Information should be communicated by management
as per the format agreed during consultation
processes.

COMMUNICATING ORGANISATIONAL
COMMITMENT TO WHS POLICIES
It is important to not only keep workers informed of updates and
changes to WHS rules and regulations, but also communicate the
importance of adhering to WHS policies and procedures. This can be
done in several ways:

Posters or flyers on noticeboards or around relevant equipment,

Printed or emailed newsletters to all staff,

Notifications during meetings and workshops,

Inductions and training sessions,

Lost time caused to injuries and/or illness,

Adequate supervision and regular site inspections/audits,

Appropriate disciplinary measures being followed for noncompliance.

IDENTIFY DUTY HOLDERS AND DEFINE WHS


RESPONSIBILITIES FOR ALL WORKPLACE PERSONNEL
ACCORDING TO WHS LEGISLATION, POLICIES, PROCEDURES
AND PROGRAMS
In a workplace, there are three main groups of people who have
specific WHS responsibilities:
1. Employers/Managerial Staff (also referred to as PCBUs or
Persons in Charge of Business Undertakings and Officers)
2. Employees (that includes workers, contractors or volunteers)
3. Health and Safety Representatives (HSRs)

SECTION 19 WORK HEALTH AND


SAFETY ACT
Section 19 Work Health and Safety Act (Commonwealth) legislation
sets out the primary duty of care including ensuring, so far as is
reasonably practicable, the health and safety of workers and
others affected by the business or undertaking. The duty includes
providing:
a safe working environment;

safe plant and structures;

safe systems of work;

safe use, handling and storage of plant and substances;

adequate facilities;

information instruction and training; and

sufficient monitoring of the workplace

REASONABLY PRACTICABLE
Reasonable Practicability is what can reasonably be done to
eliminate or reduce a risk in the circumstances, taking into account
and weighing up all relevant matters, including:
the likelihood of the relevant hazard or risk occurring;

the degree of harm that might result;

what the person knows or ought reasonably to know about the


hazard or risk and the ways of eliminating or minimising the risk;

the availability and suitability of ways to eliminate or minimise the


risk; and

the cost of implementing risk controls.

Guidance as to what is reasonably practicable can be found


under Section 18 of the WHS Act (2011)

EMPLOYEE (WORKER, CONTRACTOR OR


VOLUNTEER) RESPONSIBILITIES
Section 28 of the Work Health and Safety Act states that while at
work, a worker must:

Take reasonable care of his or her own health and safety,

Take reasonable care that his or her 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 that is given by the person conducting
the business or undertaking (PCBU) to allow that person to
comply to the act,
Cooperate with any reasonable policy or procedure of the
PCBU relating to the health or safety at the workplace that has
been notified to the worker.

HEALTH AND SAFETY REPRESENTATIVES


(HSRS) RESPONSIBILITIES
HSR responsibilities include:
Providing WHS advice,

Assisting with risk management,

Liaising with WHS representatives,

Consulting with management about safety issues,

Assisting in the promotion of WHS,

Auditing and analysing WHS issues.

Requesting and conducting workplace inspections

Representing employees on WHS issues

Organising opportunities for WHS participation and


consultation

Reviewing incidents

Organising WHS training

Ensuring communication and participation in WHS is inclusive.

WORKPLACE HEALTH AND SAFETY


COMMITTEES
Key functions of Workplace Health and Safety Committees include:

facilitating co operation between the person conducting a business


or undertaking and workers in instigating, developing and carrying
out measures designed to ensure the workers health and safety
at work,

assisting with the development of standards, rules and procedures


relating to health and safety that are to be followed or complied
with at the workplace; and

any other functions prescribed by the regulations or agreed


between the person conducting the business or undertaking and
the committee.

COMMITTEES CAN ASSIST WITH:


Encouraging personnel to maintain an interest in WHS in the
workplace,
Identifying gaps in skills and arrange for training and
development in
WHS issues,

Keeping up to date with changes in legislation,

Reviewing and investigating workplace health and safety issues,

Providing advice to employers on how to address safety issues.

Facilitating co-operation between the PCBU and workers in


instigating, developing and carrying out measures designed to
ensure the health and safety of workers at work;
Assisting the PCBU to develop standards, rules and procedures
relating to WHS that are to be followed or complied with at the
workplace;
Overseeing any other functions prescribed by the WHS
Regulations and
any other functions agreed between the PCBU
and the HSC.

MANAGERIAL OR PCBU RESPONSIBILITIES


Section 19 of the Work Health and Safety Act sets out the employers
primary duty of care.
Management should:

Implement safe work systems

Actively encourage the reporting of incidents

Look for opportunities to improve

Value staff contributions by acknowledging and involving


them in
the decision making process

Providing safe and effective support to complete their roles


safely

Engage in risk management processes to ensure risks are


minimised as much as practicable in the workplace.

DUTY OF CARE
Section 19 Work Health and Safety Act (Commonwealth) legislation
sets out the primary duty of care including ensuring, so far as is
reasonably practicable, the health and safety of workers and others
affected by the business or undertaking. The duty includes providing:
a) a safe working environment;
b) safe plant and structures;
c) safe systems of work;
d) safe use, handling and storage of plant and substances;
e) adequate facilities and access to facilities;
f) Information, instruction and training; and
g) sufficient monitoring of the workplace

DEVELOPING APPROPRIATE POLICIES


AND PROCEDURES
Organisations should have their own policies and procedures that
ensure they are following their legislative requirements and
managing risks to safety (and therefore complying with one of the
employers general duties of care). Such documents are called
Standard Operating Procedures (SOP).
Examples include:
How to perform a risk assessment SOP
Manual handling SOP
Use of PPE SOP
Receiving or despatching hazardous chemicals or
dangerous goods SOP
Using ladders SOP
Lock out Tag out SOP
Operation of High Risk Plant and Equipment SOP
Spill response SOP
Emergency evacuation SOP

CONSULTING WITH WORKERS


Consultation involves the process of:
Sharing information where management provides workers
information that will assist them in providing feedback.
Giving workers, in turn the chance to express their views and
address their concerns to management
When a worker elects a health and safety representative (HSR), this
means that management should direct their communication and the
consultation process to the HSR.

IDENTIFY AND APPROVE FINANCIAL


AND HUMAN RESOURCES REQUIRED BY
THE WHS MANAGEMENT SYSTEM
(WHSMS)
Human resources can include the cost of employee or contractor
time:
Required risk and WHS personnel (e.g. HSR, Supervisors,
Committee members, Incident investigators etc)
Staff time allocated for attending training.

IDENTIFY AND APPROVE FINANCIAL


AND HUMAN RESOURCES REQUIRED BY
THE WHS MANAGEMENT SYSTEM
(WHSMS)
Financial resources can include:

Allocated budget (whether one budget for


all or a separate budget for each
department) for the purchase of supplies,
Protective Equipment (including PPE)
Cleaning
Updating facilities and equipment
Training
External consultants including auditors
Non-compliance and the resultant impact
it could have on the organisation
Incident investigation kits
WHS/OHSMS Software
Signage / posters

Corporate subscriptions and


memberships e.g. Safety Institute
Australia
IT equipment e.g. projectors,
laptop etc.
Testing equipment light meter /
noise meter
Work permits
Lock out tag equipment
Ergonomic infrastructure
Spill kits
Inspection tools i.e. mirrors,
cameras etc.
First aid equipment
Australian & international standards

GAINING APPROVAL FOR RESOURCES

For a manager to obtain approval for a resource, it necessary to


demonstrate sufficient research has been conducted, data has
been reviewed and analysed, risk involved has been reviewed,
and recommendations support the findings.

All arguments and recommendations should be reinforced with


facts.

As most organisations are outcome-based recommendations


should emphasise outcomes.

PRESENTATION SUMMARY
Now that you have completed this presentation you will be able to:
1.1 Locate, adapt, adopt and communicate WHS policies that clearly
define the organisations 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).