Safety Matters - Rail, Tram and Bus Union of NSW

RAIL 

TRAM AND BUS 

U N 

I O N 

Safety 

Matters 

A Guide for Workplace 

OHS 

Representatives 

INTRODUCTION 

1 

SECTION ONE 

Workplace Health and Safety 

2 

SECTION TWO 

Monitoring OHS Programs 

and Procedures 

3 

SECTION THREE 

A Summary of Workers 

Compensation in NSW 

www.rtbu-nsw.asn.au 

SECTION FOUR 

4 OHS Factsheets

Safety Matters 

A Guide 

for Workplace 

OHS 

Representatives

The material and information contained in the Safety Matters 

Guide is drawn from a collaborative effort by RTBU delegates 

and members, other unions, WorkCover NSW, and Unions 

NSW, during 2006 and 2007. Safety Matters builds on previous 

resources developed by the RTBU to assist members, delegates and OHS 

representatives in understanding and effectively participating in and 

monitoring health, safety and welfare in their workplaces. 

The RTBU would like to acknowledge the particular financial assistance 

provided to the project by the WorkCover Assist Program, and the 

resources, time and input by Mary Yaegar and the team at Unions NSW. 

We also thank the many union members who attended workshops and 

contributed feedback on the development of this project. 

Safety Matters: A Guide for Workplace OHS Representatives was 

written, compiled and produced by Peter O’Connor of the Union 

Resource Network, Tel (02) 4751 8444; email: turn@ozemail.com.au 

Artwork by Mohamad Khaled of MK Graphics, Tel (02) 4774 9995; 

email: mkgraphics@netspace.com.au 

For more information or copies of the Safety Matters Guide contact 

the RTBU NSW Branch, Level 4 ,321 Pitt Street, Sydney NSW 2000, 

Tel (02) 9264 2511; Email: nswho@rtbu-nsw.asn.au. The Safety Matters 

Guide is also available on the RTBU website: www.rtbu-nsw.asn.au 

RAIL 

TRAM AND BUS 

U N 

I O N 

TURN

INTRODUCTION 

Safety Matters 

Purpose and 

Structure 

of the Guide 

BACK TO MAIN PAGE

Safety Matters: A Guide for Workplace OHS Representatives has been 

produced to assist workplace union delegates and OHS representatives 

in effectively participating in and monitoring OHS systems and 

developments in their workplace. The Safety Matters Guide contains detailed 

information on OHS legal requirements and responsibilities under the OHS Act 

2000 and the OHS Regulations 2001, and related legislation in the Rail, Tram 

and Bus Industry. It also provides practical guidance material and information 

on a number of key areas, such as consultation, OHS representation in the 

workplace, OHS management systems, risk management, as well as specific 

industry areas such as fatigue management, national medical standards, drug 

and alcohol testing. 

INTRODUCTION 

Safety Matters A Guide for Workplace OHS Representatives 

The Safety Matters Guide is a resource developed by the RTBU (NSW Branch) 

with the assistance of funds provided by WorkCover under the WorkCover Assist 

Program. This Guide builds on and complements other resources developed 

through the Safe-T-Rail Training Program and Delegates OHS Information Kit, 

developed for RTBU members. 

RAIL 

Purpose and Structure 

2 

TRAM AND BUS 

U N 

I O N


of the Safety Matters Guide 

The Safety Matters resource has been developed as both a loose-leaf resource 

and electronically (on CD) to allow a range of uses and ease of updating 

and adding workplace specific materials to the resource. The Safety Matters: 

A Guide for Workplace OHS Representatives is also available on the 

RTBU website www.rtbu-nsw.asn.au 

The Guide is a detailed reference resource and toolkit for union delegates 

and OHS representatives and those working with OHS in the workplace, and 

provides a combination of information, guidance materials and practical tools 

through a series of checklists to assist in effectively monitoring workplace OHS 

policies and procedures. . 

The Safety Matters Guide aims to provide a useful and practical resource to 

assist in improving OHS practices and systems in all workplaces in the Rail, 

Tram and Bus Industry and provide an effective tool for implementing and 

monitoring OHS initiatives in the industry. 

Safety in our industry continues to be of highest priority in providing a 

safe, reliable and efficient range of services to the public. The findings 

of the Waterfall Inquiry and other recent investigations clearly highlight 

the need for increased resources and improved management in addressing 

a range of systematic OHS issues in the industry. Union delegates and OHS 

representatives can play a vital role in ensuring that the safety of workers in 

the industry, passengers and the community is managed to the highest possible 

standards. 

The various information, checklists and factsheets contained in the Safety 

Matters Guide has been designed to allow OHS representatives to actively use 

the resources to initiate and participate in a range of processes and activities to 

ensure that our industry is safe for all who work in it and use its services. We 

also believe that the material contained in this Guide can be usefully combined 

with the other OHS resources developed by the RTBU as an educational tool for 

all employees in understanding the main OHS requirements and responsibilities 

in their workplace. 


INTRODUCTION 

RAIL 

TRAM AND BUS 

3 


U N 

I O N

Whats in the Safety Matters Guide? 

Safety Matters is made up of four main components: 

Section 1: Overview of Workplace Health and Safety 

This section takes a broad view of the main considerations, issues and 

responsibilities relating to workplace health and safety. It provides an outline 

of the NSW OHS Act and OHS Regulation and the main duties and legal 

requirements of employers, employees and others in the workplace. 

INTRODUCTION 


This section also contains a general checklist for rating the effectiveness of OHS 

procedures, practices and programs in your workplace, as a starting point to 

focus on issues specific to your workplace. 

Section 2: Monitoring Workplace OHS 

This section provides detailed information on the key areas of the OHS 

legislation, including Consultation, OHS Committees, Risk Assessment and 

Risk Management, Safe Work Practices, OHS Information and Reporting, and 

Workers Compensation. 

It combines information and checklists for monitoring OHS policy and 

programs, and the systematic management of OHS in the workplace. 

Workplace OHS Checklists 

Safety Matters contains a selection of checklists covering major OHS issues in 

Rail, Tram and Bus industry workplaces. The checklists are designed to provide 

practical tools to allow OHS representatives to monitor, record and act on 

specific OHS developments and issues in their workplace. 

The checklists are designed to be used and modified and adapted, depending 

on the particular circumstances of the workplace. It is not intended that OHS 

representatives of committees will systematically work through each checklist, 

but rather use them to investigate, monitor and pose solutions to particular 

problem areas or areas of concern. 

For example, the Workplace Inspection Checklist has been designed to provide 

a framework for OHS representatives to conduct workplace inspections in their 

workplace. There may currently be no formal way of conducting and recording 


4 

RAIL 

TRAM AND BUS 

U N 

I O N

workplace inspections. The checklist provided can be modified to include items 

specific to the workplace being inspected. 

Section 3: A Summary of Workers Compensation in NSW 

This section outlines the major obligations of NSW employers, insurers and 

employees in notifying a workplace injury and where appropriate, making a 

claim for workers compensation. It summarises the legal requirements under 

the Workplace Injury Management and Workers Compensation Act and the 

Workers Compensation (Workplace Injury Management) Regulation. This 

section of the Guide provides details on how to make a workers compensation 

claim, and the benefits and entitlements of injured workers. 

Section 4: RTBU OHS Factsheets 

The factsheets have been developed as an easily accessible way to locate specific 

information about particular OHS issues. Where appropriate, the factsheets also 

contain checklists for use in monitoring and reporting on the specific issues. 

It is anticipated that the checklists and factsheets will be added to in order 

to address a range of industry issues as they arise. The resources will also be 

regularly reviewed and updated to provide OHS representatives with reliable 

and current information. The format of the Safety Matters resource allows 

union delegates, OHS representatives and others with an active interest in 

OHS to access summary information and practical tools to assist with the OHS 

issues of most concern at any given time in their workplace. 

Please note: All of the information and checklists contained in 

the Safety Matters Guide are also on the CD accompanying the 

manual. Ckecklists are in a format to allow modification for specific 

workplace requirements. 

The Factsheets are only available electronically, and can be viewed, 

downloaded or printed from the accompanying CD and RTBU 

website 

Delegate and OHS reprresentatives should be familiar with OHS 

policies and procedures for workplace, and adapt checlists to 

accuratly reflect these. 


INTRODUCTION 

RAIL 

TRAM AND BUS 

5 


U N 

I O N

How Does Your Company Rate 

on Health and Safety? 

INTRODUCTION 


Rail, tram and bus workplaces cannot ignore safety and environmental issues. 

Companies are faced with increasingly stringent legislative controls and rising 

compensation, insurance premiums, energy and raw materials costs. Safe, 

efficient and effective use of equipment, space, raw materials and improved and 

more efficient process operations are vital if companies are to remain competitive. 

Pressure is also being exerted by suppliers and customers for rail, tram and bus 

operators to reduce their environmental impact. Consumers and the public not 

only expect a range of high quality transport services, they expect them to be 

safe, reliable, free of unnecessary risks, and delivered and managed in ways that 

are sensitive to the environment. Similarly, increasingly the community expects 

transport operators to minimise their impact on the local environment. All of 

these factors mean that occupational, health, safety and environmental issues 

should be an essential part of your company’s business plan and operations. 

In the Rail sector alone in New South Wales over the past three years 

there have been an average of 165 collisions per year (or more than 40 

per quarter). Alarmingly, in the thirty (30) months between Jan 2001 and 

August 2003, there were 137 (average of 4.5 deaths per month) fatalities 

on the railways in NSW 

Source: NSW Transport Safety and Rail Regulator, 2003 

Company OHS Performance Overview 

The following general checklist is provided to allow OHS representatives to 

focus generally on how their company or workplace performs on OHS, and 

to identify areas for improvement. The specific and detailed resources and 

checklists in this Guide can then be used to build on this initial assessment. 


6 

RAIL 

TRAM AND BUS 

U N 

I O N

Safety, Health and Environmental Rating Checklist 

Compliance 

Safety, Health and Environmental Rating Checklist Yes No 

Are you aware of the OHS and environmental regulations applying to your 

workplace? 

Are there regulatory and other statutory requirements information 

accessible on-site? 

Does the workplace comply with all necessary OHS and environmental 

legal and regulatory requirements? 

Does the workplace comply with best practice and relevant industry 

standards and codes of practice? 

Is a monitoring and recording system in place to check and report OHS and 

environmental results? 

Are regular internal audits and analysis carried out to ensure compliance? 

Risk Management 

Have main hazard types and categories been identified in your workplace? 

Have main hazard types been quantified, measured and prioritised? 

Does your company regularly inspect and assess for health and safety? 

Have sources and causes of accidents and near misses been analysed? 

Does your company keep a record of safety and waste costs? 

Has your workplace carried out a cost analysis of safety measures or 

alternative measures to eliminate or control risks? 

Has a health and safety review been carried out in all work areas? 

Have there been risk assessments conducted in all work areas? 

Has your workplace considered and implemented options and strategies 

for eliminating or controlling risks? 

Has your workplace set objectives and targets for reducing risks from all 

parts of the business? 

Have safety, health and environmental strategies been identified and 

implemented? 

OHS Consultation 

Has a consultative process and mechanisms been established in your 

workplace? 

Have OHS representatives been elected in your workplace? 

Has an OHS committee been established and maintained to address and 

resolve OHS issues in the workplace? 

Do employees have regular input into OHS issues and decisions? 

Have OHS representatives and other employees received OHS training? 

Does your workplace consultation include other employees, work areas or 

external participants? 


INTRODUCTION 

RAIL 

TRAM AND BUS 

7 


U N 

I O N

OHS Management 


Has an OHS audit been carried out during the past year? 

Have new safety and vigilance devices been installed where required? 

Have safe work procedures been developed and implemented for all 

functions in your work area? 

Have all OHS policies and procedures been regularly updated and 

communicated to employees? 

Have health, safety and environmental procedures and strategies been 

related to levels of production? 

Does your workplace have facilities available for employees to improve 

their health? 

INTRODUCTION 


Product and process design 

Are handling, storage and distribution processes designed to minimise risk? 

Are environmental standards a consideration in product and work design? 

Have cleaning and sanitation practices been analysed to minimise water 

and hazardous chemical use? 

Are the environmental impacts of work processes and the products in use 

considered? 

Procurement 

Does the workplace specify OHS and environmental standards to suppliers 

and make good safety and environmental performance a factor in supplier 

selection? 

Is the safety and environmental performance of your suppliers or 

contractors monitored? 

Do you apply a ‘buy environmentally safe’ policy in purchasing raw 

materials, packaging materials, cleaning and sanitising agents? 

Is your workplace working with suppliers to ‘design out’ hazardous 

materials, waste etc., such as recycled or re-usable packaging, less toxic 

chemicals? 

Information and communications 

Do you have OHS and environmental policies that are communicated to all 

employees and available to the public? 

Is there a communication strategy in place for OHS and environmental 

issues in your workplace? 

Is regular training and information on OHS and environmental issues 

given? 

Are OHS and environmental information, records, data and related 

publications accessible in the workplace? 

Does the workplace produce publicly available information about its OHS 

and environmental performance? 


8 

RAIL 

TRAM AND BUS 

U N 

I O N

SECTION ONE 

Workplace 

Health 

and Safety 

BACK TO MAIN PAGE 

TO CONTENTS

BACK TO FRONT PAGE 

CONTENTS 

Defi ning Workplace Health and Safety 4 

Importance of Workplace Health and Safety 8 

Duties and Responsibilities 9 

Legal Requirements 16 

SECTION ONE 


Objectives of the NSW OHS Act 2000 16 

OHS Regulation 2001 17 

Industry Codes of Practice 20 

Standards 21 

Guidance Notes 22 



2 

RAIL 

TRAM AND BUS 

U N 

I O N

A Guide to 

Defi ning 

Workplace 

Health and 

Safety 


SECTION ONE 

RAIL 

TRAM AND BUS 

3 


U N 

I O N

Defi ning Workplace Health and Safety 

Health and safety is: 

• the promotion and maintenance of the highest degree of physical, mental 

and social well-being of workers in all occupations 

• the prevention among workers of physical and mental harm caused by 

their working conditions 

• the protection of workers from risks resulting from factors adverse to 

health 

SECTION ONE 


Accidents 

Most people identify the term accident with traumatic personal injury, such as 

a laceration or broken limb. Longer term injury, such as back problems caused 

by repeated lifting are also common in most people’s perception of workplace 

accidents. However, the concept of occupational health and safety extends to 

the work environment, facilities, processes, machinery, materials, equipment 

and people which all make up the system of work. 

Occupational health and safety is not restricted simply to accidents that occur 

at work but also includes a range of injuries, ill health, diseases and other 

potential harm as a result of the work environemt. 

Causes of accidents and ill health 

Accidents in the workplace resulting in injuries are only the tip of the iceberg. 

This tip of the iceberg represents incidents that are immediately obvious. This 

is only a small part of the total picture. 

The bulk of the iceberg lies hidden beneath the waterline. This represents the mass 

of less serious incidents and what are referred to as near-hits or near-misses. These 

are the minor first aid treatments, the property damage from accidents and incidents 

where no damage or injury has resulted, from a situation which may “in any other 

circumstances” have caused significant loss or injury. Most injuries or accidents at 

work occur as the result of a chain of events. 

• Hazards will exist and their extent will depend on the type and nature of 

work conducted 

TRAM AND BUS 


4 

RAIL 

BACK TO CONTENTS 

U N 

I O N

• A hazard is a situation, item or substance with the potential to harm health 

• Hazards in the workplace lead to accidents if not controlled 

• The results of accidents are unintended injuries – at the end of the chain of 

events 

Managers are responsible for creating an environment that encourages personal 

responsibility, actively reduces hazards and prevents accidents – employees need 

to co-operate in this respect. In this way injuries and disease in the workplace 

can be controlled. For every serious outcome, there are many more lesser 

incidents resulting in minor injury or in common occupational diseases such as 

dermatitis (skin irritation). To create a safe system of work, the following chain 

of events must occur: 

• Hazard identification 

• Risk assessment and control 

• Periodic review 

• safe system of work 

The management of occupational health and safety within a workplace must be 

directed not only at serious injuries or cases of ill-health, but also at preventing accidents 

rather than reacting to losses after the event. Hazard identification, risk assessment 

and control are tools available to investigate and determine underlying causes of 

accidents and ill-health. 

Why ensure health and safety? 

In any workplace, there are three principle motivators which encourage us to 

seek health and safety: moral, economic and legal. 

1. Moral: The duty towards our colleagues. The adverse consequences of 

failing to ensure occupational health and safety include death, injury 

or disease. Examples of these moral duty include: 

• cleaning up your chemical spills 

• maintaining good housekeeping at your work location 

• reporting faulty equipment 

2. Economic: The consequences of failing to ensure occupational health and 

safety may be reflected in costs of damage to people or property, 

for treatment or coping with disability. 


SECTION ONE 

RAIL 

TRAM AND BUS 

5 


U N 

I O N

3. Legal: There are penalties for failing to ensure our own health and 

safety, and that of others whom we may cause to be injured. 

These three motivators work together, and have different effects in different 

circumstances. 

When we consider health and safety at work, we must add a fourth motivator, 

which is the company and it’s requirements for preventing accidents and illhealth 

to employees and others. No organisation can tolerate accidents and 

OH&S risks at work. 

A high level of occupational health and safety requires a conscious effort by all 

people in the workplace. All rail, tram and bus industries workplaces should 

strive to illiminate and or minise health and safety risks. 

SECTION ONE 


Features of effective health and safety management 

There are six common factors essential to effective health and safety 

management: 

• Policy – a clear statement of the objective to be achieved 

• Organisational factors – a well structured organisation and allocation of 

responsibilities and resources to implement the policy 

• Hazard identification and risk assessment 

• Risk control 

• Reviewing performance periodically through auditing (to monitor the 

implementation of the risk assessment in a systematic way) 

• Employee training 

An effective occupational health and safety policy should acknowledge the 

following: 

• health and safety can contribute to business performance by protecting 

resources (both human and physical), reducing costs and illustrating the 

responsibility of the organisation 

• management must develop a structure and culture to support the control of 

risks and everyone in the organisation must participate 

• the need for effective resourcing and planning 

• the importance of systematic hazard identification, assessment and control 


6 

RAIL 

TRAM AND BUS 

U N 

I O N

• the requirement for examination and review of occupational health and 

safety performance 

• that the principle of good occupational health and safety management and 

effective quality management are complementary 

Characteristics of an Unsafe Work Culture 

• Lack of concern or control – managers and supervisors may be unconcerned 

or attach low priority to health and safety. This may lead to a lack of due 

care and minimal control over OHS issues, which in turn, affects employee 

attitudes and actions. 

• Employee fault – managers and supervisors may consider health and safety 

problems in terms of the employee being uncooperative or at fault. The 

tendency to blame people for health and safety problems does not effectively 

manage them. 

• Unsafe systems – the failire of management to adequitaly supervise or 

manage acceptebale health and safety levels. 

The initial conflict between OHS expectations and practice may be dealt 

with by gradually adapting to unsafe workplace practices. 

• Poor employer-employee relations – an unsafe workplace may be the result 

of poor relations between the employer and employee. 

Characteristics of a Safe Work Culture 

• Management concern and control – management has ultimate responsibility 

for OHS. It demonstrates appropriate duty of care and concerns itself with 

all aspects of workplace health and safety. There is an OHS policy that is 

displayed publicly and there is adequate training and supervision. 

• Employee due care and cooperation – if the employer is seriously attempting 

to meet the right of employees to a safe and healthy workplace, the employee 

generally has a good safety awareness and is happy to cooperate with the 

employer and not inhibit them in carrying out their responsibility. 

• Consultation – employees can only cooperate effectively if there is appropriate 

consultation with management. These two concepts are mutually reinforcing 

– effective consultation leads to improved employer ability to ensure health 

and safety through employee cooperation, which in turn helps to develop a 

safety culture in the workplace. 


SECTION ONE 

RAIL 

TRAM AND BUS 

7 


U N 

I O N

Importance of Workplace Health and Safety 

All employees have a right to work in a healthy and safe workplace. 

All employers have a responsibility to provide a safe and healthy work 

environment. 

SECTION ONE 


Work-related injuries and disease carry a high cost. The National 

Occupational Health and Safety Commission estimated the total 

cost of work-related injury and disease in Australia to be at least 

$15 billion per year, and perhaps as high as $37 billion. In terms of the human 

cost, at least 500 Australians are killed at work every year, with up to 4000 

dying from work-related diseases such as cancer. As many as 30,000 workers 

are injured every year. 

Occupational health and safety legislation has been put in place to prevent the 

occurrence of injury and disease on such a large scale. Every state and territory 

in Australia has occupational health and safety legislation. There are also codes 

of practice which provide advice on how to implement the regulations and 

control hazards. Although the states and territories have different occupational 

health and safety legislation, the laws reflect the same basic approach to this 

issue. 

Like most legislation, OH&S law can be complicated and difficult to read. The 

most important point for OHS Representative to understand is that legislation 

establishes the requirement that all employers ensure that the workplace is 

a healthy and safe environment, and that no employee can be asked to do 

something that is dangerous or unsafe. If an employee is asked to do something 

that is dangerous or unsafe they are entitled to refuse. 

Recently there have been significant changes in the OHS laws in New South 

Wales with the introduction of the NSW OHS Act 2000, and NSW OHS 

Regulation, 2001. The main OHS duties and responsibilities of employers and 

employees are summarised below. 



8 

RAIL 

TRAM AND BUS 

U N 

I O N

Duties and Responsibilities 

What is the Employer required to do? 

It is the employer who has the most direct influence over workplace health, 

safety and welfare. For this reason, they are legally responsible for providing 

a safe and healthy workplace. 

To do this, the employer is required to: 

• Make sure the workplace is safe. Whatever work is carried on in the 

workplace, all hazards must be identified and risks identified, assessed and 

controlled 

• Provide information, training and supervision to support safe work 

practices 

• Consult workers in monitoring and maintaining a healthy and safe work 

environment 

• Keep records and information on the health and safety of employees 

• Provide adequate facilities for the health, safety and welfare of workers 

• Monitor conditions in the workplace and the health of employees. 

Duties of employers 

Every employer must ensure, so far as is reasonably practicable, the health, 

safety and welfare at work of all employees. This requires: 

• A safe place of work with a means of safe access and exit 

• Maintenance of safe plant and equipment 

• Safe systems of work 

• Safe use of substances 

• Hazard identification, risk assessment and control 

• That the employer’s activities do not endanger persons not directly 

employed 

These general duties are further detailed to require: 

• A safe working environment and adequate facilities and arrangements for 

employees’ welfare 

• Safe methods for handling storage, use and transport of articles and 

substances 


SECTION ONE 


RAIL 

TRAM AND BUS 

9 


U N 

I O N

• Provision of adequate information, instruction, training and supervision 

• Consultation with employees 

• A written policy statement on occupational health and safety, and the 

arrangements for carrying out that policy 

What is the Employee required to do? 

Under current legislation and at common law, employees are expected to look out for 

their own health and safety and that of their fellow workers. In general, employees are 

expected to: 

• Carry out their duties in a way that ensures their own health and safety, as 

far as they are able 

SECTION ONE 


• Be aware of others so that their actions do not risk the health and safety of 

the people they work with 

• Co-operate with their employer in any matters relating to occupational 

health and safety 

• Not misuse equipment provided for their safety. 

Duties of employees 

It is the duty of employees under occupational health and safety laws, for 

example, to: 

• Take reasonable care for their own health and safety and that of others 

• Co-operate with their employer to enable the employer to comply with safety 

obligations 

• Not interfere with, or misuse anything provided for health and safety 

purposes. Examples include: 

• removing a fire extinguisher to prop a door open 

• interfering with an interlock switch on a machine guard 

• failing to take part in a safety training course. 

In addition to these general duties, employees are required to: 

• Use any machinery, equipment, dangerous substance, means of transport, 

safety device or means of production in accordance with any training and 

instruction provided by the employer 

• Inform the employer of any serious and imminent danger to health and safety, 

and any shortcomings in the employer’s health and safety arrangements. 

RAIL 


10 

TRAM AND BUS 

U N 

I O N

Consultation and Reporting 

Employers need to decide how best to provide a safe work environment. The employer 

has obligations and responsibilities to consult with employees and their representatives 

over occupational health and safety matters. Most workplaces should have consultative 

arrangements to deal with occupational health and safety issues. In your workplace 

there may be formally elected occupational health and safety representatives and/or 

committees. In addition, all employees are encouraged to contribute their ideas to 

improve the occupational health and safety of the workplace and their immediate 

work area in particular. 

Road Transport Fatalities for 12 months ending December 2005 

and December 2006 

NSW 2005 Aust. 2005 NSW 2006 Aust. 2006 

All Road Fatalities 508 1,627 500 1,601 

Involving Buses 21 36 7 16 

Australia Road Deaths 

Source: Australian Transport safety Bureau, February 2007 


SECTION ONE 

RAIL 

TRAM AND BUS 

11 


U N 

I O N

Transport and Storage – General 

Australian Safety and Compensation Council, Information Sheet on Transport and 

Storage, 2007 provides the following summary information on injury claims and types 

across the Transport and Storage Industry up to the end of 2005. 

In 2004-2005, there were 11.180 claims for compensation from employees in the 

industry off work for one or more weeks. This equates to 31 employees each day 

requiring one ort more weeks off work because of work-related injury or disease. 

While the incidence rate of claims in the industry has fallen 21% from 40 claims per 

1000 employees in 1996-97 to 30 per 1000 employees in 2004-2005, (the rate in NSW 

was 36 per 1000 employees) it remains well above the rate for Australia of 16.6 claims 

per 1000 employees, and is the highest of all industries. 

SECTION ONE 


Similarly, the number of compensated fatalities in the industry ranged between 38 in 

2003-04 and 43 in 2004-05. In 2004-05 the fatality incidence rate was 11.4 fatalities 

per 1000 employees. This was over four times greater than the rate for Australia of 

2.5 fatalities per 1000 employees. 


12 

RAIL 

TRAM AND BUS 

U N 

I O N

Table: Australian Transport Fatalities – 2000 – 2005 

Year Road Rail Marine Aviation Total 

2000 1817 38 42 37 1934 

2001 1737 35 56 41 1869 

2002 1715 30 38 24 1807 

2003 1621 29 51 35 1736 

2004 1583 29 53 22 1687 

2005 1635 N/a 53 38 1726 

Source: Bureau of Transport and Regional Economics 

According to data available from the Australian Safety and Compensation Council, 

Construction and Transport and Storage industries continue to have the highest 

numbers of fatalities. Figures for 2004/05 show recorded fatalities for Transport and 

Storage at 30 (or 16% of all fatalities in all industries). The high number of fatalities 

in the Transport and Storage Industry were concentrated (25 fatalities or 83%) in the 

Road Transport sub-division. 

Rail Data to June 2006 – Supplied by rail Regulators 

to Australian Transport Safety Bureau 

Deaths 

NSW 

Australia 

Jan – Dec 2005 Jan-June 2006 Jan – Dec 2005 Jan-June 2006 

11 5 38 21 

Serious Injury * 


Australia 


363 189 452 230 

* Serious injury includes: 

• Where an injured person is taken to hospital 

• Injured person is attended by ambulance, unless person was treated on-site and not 

taken to hospital 


SECTION ONE 

RAIL 

TRAM AND BUS 

13 


U N 

I O N

Types of Rail Accidents 

Derailments (Running Line) 

SECTION ONE 



Australia 


56 15 149 52 

Collision with Infrastructure 


Australia 


54 22 107 45 

Signals Passed at Danger 


Australia 


213 97 336 217 

Collisions (Running Line) 


Australia 


6 21 6 230 

Collisions with person 


Australia 


21 11 50 27 

Loading Irregularity 


Australia 


173 83 496 249 

Source: Australian Transport Safety Bureau, Australian Rail safety Occurrence Data 


14 

RAIL 

TRAM AND BUS 

U N 

I O N

A Guide to 

Legal 

Requirements 


SECTION ONE 

RAIL 

TRAM AND BUS 

15 


U N 

I O N

Legal Requirements 

NSW OHS Act 2000 

The NSW OHS Act 2000 is currently the overriding legislation that covers all 

NSW workplaces. It describes the general requirements necessary to ensure a 

safe and healthy workplace and is designed to reduce the number of injuries 

and illness in the workplace by imposing duty of care responsibilities on a 

range of individuals. 

SECTION ONE 


Employers, self-employed people, people in control of work premises, plant 

and substance, designers, manufacturers, suppliers and employees all have 

obligations with regard to workplace health, safety and welfare. 

The Act stipulates a duty for employers to consult with employees through a 

variety of consultation options, including workplace OHS committees, OHS 

representatives and other agreed arrangements. It also provides more detailed 

guidance through the use of regulations and codes of practice. 

WorkCover NSW administers the Act across industry through a range of 

services. The Department of Mineral Resources administers the Act as it applies 

to mines. 

Objectives of the NSW OHS Act 2000 

The eight objectives of the NSW OHS Act are: 

• to secure and promote the health, safety and welfare of people at work 

• to protect people at a place of work against risks to health and safety arising 

out of activities of persons at work 

• to promote a safe and healthy work environment for people at work that 

protects them from injury and illness and that is adapted to their physiological 

and psychological needs 

• to provide for consultation and cooperation between employers and 

employees in achieving the objects of this Act 

• to ensure that risks to health and safety at a place of work are identified, 

assessed and eliminated or controlled 

• to develop and promote community awareness of occupational health and 

safety issues 

TRAM AND BUS 


16 

RAIL 


U N 

I O N

• to provide a legislative framework that allows for progressively higher 

standards of occupational health and safety to take account of changes in 

technology and work practices 

• to protect people (whether or not at a place of work) against risks to health 

and safety arising from the use of plant that affects public safety. 

Regulations 

A regulation is law and is referred to in Part 3 Sections 33 to 39 of the Act. 

A regulation provides more detail than the Act and supports its general 

requirements. 

Some examples of the various topics incorporated into the regulation include: 

• Risk Management 

• Workplace Consultation 

• First Aid Facilities and Personnel 

• Hazardous Substances 

• Notification of Accidents 

• Manual Handling 

• Confined Spaces 

• Plant 

• Noise Management 

• Penalty Notices 

A regulation can incorporate references where appropriate and frequently 

includes relevant standards as the basis of the regulation. This means that the 

information contained in the standard is law. 

The NSW government has established guidelines for government agencies when 

they are preparing regulations. These guidelines, known as ‘From Red Tape to 

Results’, set out certain objectives of best practice for regulatory systems. In 

summary regulations should: 

• have clear objectives and address identified problems 

• focus on desired outcomes, not the means of getting them 

• be simple to understand, administer and enforce 

• have a high voluntary compliance rate 


SECTION ONE 


RAIL 

TRAM AND BUS 

17 


U N 

I O N

• clearly state the criteria and timeframes for approvals, licences, 

permits, etc 

• minimise the number of government agencies involved 

• take a whole government approach and integrate requirements across 

different agencies and regulatory systems 

• maximise benefits and minimise costs 

• not restrict competition 

• use commercial incentives where possible instead of command and 

control rules 

• be developed in consultation with people affected by them. 

SECTION ONE 


OHS Regulation 2001 

The NSW OHS Act 2000 and the OHS Regulation 2001 were implemented 

simultaneously in 2001. The Regulation is a single document and replaces 

all 36 regulations made under the OHS Act (1983), the Factories, Shops and 

Industries Act (1962) and the Construction Safety Act (1912). It also replaces the 

Construction Safety Act and part 3 of the Factories, Shops and Industries Act. 

The Regulation sets out requirements for implementation of a systematic risk 

management approach to workplace hazards. It continues existing requirements 

for manual handling, hazardous substances, noise control, certificates of 

competency, business licensing and injury reporting. It introduces revised 

requirements for the working environment, plant safety, inorganic lead and 

carcinogenic substances. 

The new Regulation rationalises administrative arrangements such as those 

required for exemptions and appeals. 

The Regulation also sets out requirements for workplace consultation. These 

requirements expand upon the provisions of the Act and establish important 

processes to enhance consultation between employers and employees. The 

Regulation provides detail on how employers should consult with their 

employees to enable them to contribute to OHS decision-making through the 

OHS committee, OHS representative or other agreed arrangements. 

The Regulation has numerous chapters and parts, which are subdivided into 

divisions. 

The Regulation is not prescriptive. It sets out requirements for the implementation 


18 

RAIL 

TRAM AND BUS 

U N 

I O N

of a systematic risk management process, which is supported by: 

• Approved Industry Codes of Practice 

• Australian Standards (AS) 

• Australian and New Zealand Standards (AS/NZS) 

• National Standards. 

Industrial Relations and OHS 

OHS legislation encourages participation between the employer and employees 

as the basic framework for achieving positive management of occupational 

health and safety. This is in addition to maintaining working relationships as 

provided for under Industrial Relations legislation. 

The NSW Industrial Relations Act 1996, and the Federal Workplace Relation 

Act 1996 regulate the performance of employment contracts through the system 

of Awards and Enterprise Agreements includes such things as pay rates and 

conditions, duties of employees and mechanisms for resolving disputes over 

industrial matters. 

A key distinction of the industrial relations legislation compared to the NSW 

OHS Act is that workplace disputes are resolved through grievance procedures 

and industrial tribunals, as opposed to consultation through the workplace health 

and safety committee, OHS representative or other agreed arrangements. 

As a result, there are essentially two legislated mechanisms for dispute resolution 

within the workplace: one dealing with industrial issues and one dealing with OHS. 

It is recognised that OHS issues may become industrial in nature however, the 

appropriate forum for dealing with OHS issues is the OHS workplace committee 

or other established OHS workplace consultative process. It is important that 

the workplace committee establish its status within the workplace to resolve 

OHS problems while not becoming involved with purely industrial matters 

(eg. wages, conditions, overtime) 

Unions have achieved many improvements and changes in employee conditions 

over the years. The Act recognises this and gives restricted powers of entry and 

inspection to authorised representatives. An authorised representative of an 

industrial organisation of employees is an officer of that organisation who is 

authorised under Part 7 of Chapter 5 of the Industrial Relations Act (1996). 


SECTION ONE 

RAIL 

TRAM AND BUS 

19 


U N 

I O N

Industry Codes of Practice 

Part 4, Section 40 – 46 of the Act provides information on industry codes of 

practice. An industry code of practice is approved by the Minister for Industrial 

Relations and comes into effect on the day the notice of this approval is published 

in the NSW Government Gazette or on the day specified in the Gazette notice. 

An approved industry code provides practical guidance and advice on how 

to achieve the standard of health, safety and welfare required by the Act and 

Regulation. Codes of practice are developed through tripartite consultation, 

which involves industry, employee and employer representation, special interest 

groups and government representation. 

SECTION ONE 


An approved industry code of practice is not law, however, it should be followed 

unless there is an alternative course of action which achieves the same or better 

standards of health, safety and welfare in the workplace. 

Employers, employees, designers, manufacturers and suppliers should use an 

approved industry code of practice in conjunction with the Act and Regulation. 

When a person or organisation has failed to ensure workplace health, safety 

and welfare, an approved industry code of practice can be used as evidence in 

the case for prosecution. 

WorkCover Inspectors can cite an approved industry code of practice when 

issuing improvement or prohibition notices. This means that a person or 

organisation must follow the advice and information provided in the code to 

correct an alleged breach of the Act or Regulations. Used in this way, approved 

industry codes of practice support the preventive focus of the Act. 

Some examples of approved codes of practice include: 

• OHS Consultation (2001) 

• OHS Induction Training for Construction Work (1999) 

• Noise Management and Protection of Hearing at Work (1997) 

• Control of Workplace Hazardous Substances (1996) 

• Labelling of Workplace Substances (1996) 

• Prevention of Occupational Overuse Syndrome (1996) 

• HIV and other Blood-Borne Pathogens in the Workplace (1996) 

• Manual Handling (1991) 


20 

RAIL 

TRAM AND BUS 


U N 

I O N

Standards 

Standards establish acceptable minimum levels or certain requirements, which 

must be addressed. These relate to a range of areas including quality, performance, 

construction design, endurance, time specificity, systems or processes and 

certain hazards and controls. Standards can also arise out of commonly adopted 

practices in certain industries, agreements between management and workers, 

or as a result of recommendations from advisory bodies. 

Specifications for a range of equipment, products and materials state they are 

safe and of good quality. If they meet requirements of relevant standards they 

carry the ‘standards mark’. 

Standards may be developed by Australian and international organisations. 

Worksafe Australia, officially called the National Occupational Health and 

Safety Commission (NOHSC), and Standards Australia develop standards for 

reference by Australian employers and employees. Standards Australia and 

Standards New Zealand also develop and jointly review standards for use in 

both countries. 

Standards developed by Worksafe Australia and Standards Australia use an 

abbreviation of their organisation’s name (ie. NOHSC or AS) and an identifying 

number, year and title to enable easy access. 

Some examples of relevant standards include: 

• AS/NZS 4360: 1999 – Risk Management 

• AS/NZS 1269.0: 1998 – Occupational Noise Management 

• AS/NZS 4804: 1997 – OHS Management Systems – General guidelines on 

principles, systems and supporting techniques 

• AS/NZS 2293: 1995 – Emergency Evacuation Lighting for Buildings 

• AS 4801: 2000 – Occupational Health and Safety Management Systems 

– Specification with guidance for use 

• AS 1319: 1994 – Safety Signs for the Occupational Environment 

• NOHSC: 1001(1990) – National Standard for Manual Handling 

• NOSCH: 1010(1994) – National Standard for Plant 



SECTION ONE 

RAIL 

TRAM AND BUS 

21 


U N 

I O N

Guidance Notes 

Guidance notes are explanatory documents issued by various organisations 

including: WorkCover NSW, Worksafe Australia and Standards Australia. 

They provide detailed information to further support the various requirements 

of legislation, codes and standards. 

Safety Alerts 

Safety alerts emphasise dangers in relation to a specific risk for a particular job. 

The safety alert highlights the hazard, provides background information and 

then makes recommendations or suggestions on how to reduce the risk. 

SECTION ONE 


Workplace Injury Management and 

Workers Compensation Act 1998 

This law requires employers to insure their workers against work-related illness 

and injury. In NSW it also requires employers to provide workplace injury 

management, including rehabilitation to assist workers to return to work after 

a work related illness or injury. It also specifies the benefits and entitlements for 

workers on compensation. 

While the focus of the NSW OHS Act 2000 is on prevention, it works 

in conjunction with the Workplace Injury Management and Workers 

Compensation Act 1998, which deals with the failure to prevent illness and 

injury in the workplace. 



22 

RAIL 

TRAM AND BUS 

U N 

I O N

Summary 

Over the last decade WorkCover NSW has implemented a program of major 

reform to occupational health and safety legislation. This has resulted in 

significant changes to the way that we manage workplace health and safety 

and to the responsibilities of everyone in the workplace. 

The new laws require employers to: 

• adopt a systematic risk management approach to workplace health and 

safety hazards 

• implement specific risk control measures 

• consult with all employees on OHS matters that affect their health and 

safety. 

It is the responsibility of every employer to consult with all their employees 

to determine the most effective way of managing their workplace health and 

safety. 

It is also the responsibility of the employer, the management chain, OHS 

committee members and OHS representatives to have a thorough understanding 

and implement the requirements of the NSW OHS Act 2000, OHS Regulation 

2001, OHS Consultation Code of Practice and any other relevant guidance 

material that supports the legislation. This preventative action will assist in 

making workplaces safer and help to keep employees healthy and unharmed. 


SECTION ONE 

RAIL 

TRAM AND BUS 

23 


U N 

I O N

SECTION TWO 

Monitoring 

OHS 

Programs 

and 

Procedures 


TO CONTENTS

BACK TO FRONT PAGE 


CONTENTS 

SECTION TWO 


OHS Responsibilities 

General Duties of Employer 4 

Employer’s Duties to others 6 

Responsibilities of Employees 9 

Systematic Management of 

OHS 

Developing OHS Management 

Systems 15 

Developing OHS Programs 18 

Developing OHS Policy 20 

Sample OHS Policy 22 

Safe Work Method Statements 26 

Managing OHS Checklist 28 

Consultation and 

OHS Legislation 

NSW OHS Act and 

Consultation 30 

OHS Consultation Code of 

Practice 31 

Duty to Consult 31 

Nature and Forms of 

Consultation 32 

Consultation Checklist 35 

OHS Committee Checklist 36 

Risk Management 

OHS Risk Analysis 38 

Hazard Identification 40 

OHS Risk Assessment 42 

Hazpak Risk Assessment 

Model 44 

Control of Risks 46 

Risk Management Checklist 50 

Roles and Powers of Union and 

OHS Representatives 

The Workplace Representatives 

and the law 53 

General Scope and Functions of 

OHS representatives 53 

OHS Committee Training 56 

Resolving OHS Issues 57 

Powers of Entry of Places 

of Work 58 

OHS representatives Ckecklist 61 

Safe Working Techniques 

Risk Identification, 

Assessment and Control 64 

Risk Assessment 66 

Workplace and Workstation 

Layout 66 

Safe Work Practices Checklist 69 

Conducting Workplace OHS 

Inspections 

Workplace Inspections as Part 

of Consultative Process 72 

Legal Provisions 72 

Conducting Workplace 

Inspections 74 

Preparing and Presenting a 

Workplace Inspection Report 75 

Sample Inspection Checklist 77 

TRAM AND BUS 

Monitoring OHS Programs and Procedures 

2 

RAIL 

U N 

I O N

A Guide 

to OHS 

Responsibilities 


SECTION TWO 

RAIL 

TRAM AND BUS 

3 


U N 

I O N

General Duties of Employers 

Part 2, Division 1 of the OHS Act 2000 outlines the general duties of employers 

and others in NSW workplaces. 

This is an important part of the Act in terms of establishing OHS responsibilities. 

Section 8(1) states that an employer must ensure the health, safety and welfare 

at work of all the employees of the employer therefore, placing the ultimate 

responsibility for OHS on the employer. It broadly describes some of the 

activities an employer needs to undertake to meet their responsibilities. These 

include providing the following: 

Safe premises 

SECTION TWO 


The employer must ensure that any premises that they control and where 

employees work, are safe and without risk to health. This includes maintaining 

safe entry and exits to workplaces and ensuring they are clear of obstructions. 

The workplace itself must also be kept in a condition that is safe and without 

risk. This could include such things as placing equipment in appropriate storage 

areas, cleanliness and removal of spilled substances to prevent slips, trips and 

falls, preventing obstructions at fire doors etc. Emergency evacuation and 

containment of fire can be assisted through effective housekeeping. 

Safe plant and substances 

The employer must provide employees with plant and substances that are 

suitable and safe for the job and that do not create any risk when used in 

a correct manner. Plant includes machinery, related equipment, appliances, 

implements or tools and any components or fittings. Substances can be natural 

or artificial or in solid, liquid, gas or vapour form. 

The employer must make arrangements to ensure that any plant and substance is 

properly used, handled, stored and transported. They must also make available 

adequate information about substances including any research or relevant tests 

that have been carried out and any conditions necessary to ensure that the 

substance is safe and without risk. This could include information about the 

dangers of the substances, how to use them safely and what to do if there is an 

accidental spillage. 



4 

RAIL 

TRAM AND BUS 

U N 

I O N

Safe systems of work 

The way in which the work is done, including the activities, processes and 

procedures that operate in the working environment should be designed 

taking account of health and safety. Safe systems of work can be applied at the 

individual level with regard to tasks that employees undertake as part of their 

job and at a broader level, concerning the integration of tasks with those of 

other employees at the workplace. 

Safe systems of work consider how and when the task is done, steps involved, 

equipment required, skills and knowledge of employees and specific safety 

issues. 

Unsafe work practices should be prevented by establishing systems of work and 

work targets that are safe and by providing safety equipment where necessary. 

Safe systems of work should be enforced through appropriate supervision. 

Provision of information, instruction, training and supervision 

Information relevant to the health and safety of employees should be available in 

the workplace. This includes information about the safe use of plant, equipment 

and substances that are used in the workplace. 

Safety signs are part of management’s responsibility however the use of signs in 

the workplace does not remove the need to provide safe systems of work or other 

appropriate information and training, nor does it transfer OHS responsibility 

to the employee. 

Employers should ensure that employees are adequately instructed and trained 

in safe systems of work. This includes safe methods for carrying out tasks, use 

of equipment or substances, use of health and safety control measures and 

personal protective equipment, reporting and emergency procedures. 

Employees should receive the necessary supervision to ensure health and safety. 

A range of factors will determine what is meant by ‘necessary’. These may 

include complexity of the tasks, associated hazards and level of risk, skills, 

knowledge and experience of the employee, the workplace and environment 

and the system of work. 

Working environment and facilities 

Aspects of the working environment that ensure the workplace is without risk 

with regard to welfare may include employee amenities (toilets, washrooms, 

meal rooms), sufficient floor space, appropriate lighting and temperature 

control, suitable work targets and work organisation. 


SECTION TWO 

RAIL 

TRAM AND BUS 

5 


U N 

I O N

Employer’s Duties to Others 

Section 8(2) of the OHS Act states that an employer must ensure that people 

(other than the employees of the employer) are not exposed to risks to their 

health and safety arising from the conduct of the employer’s undertaking while 

they are at the employers place of work. 

This means that the employer is responsible for the health and safety of people 

other than employees, who may be present at the workplace. 

Others at the workplace could include: 

• customers, passengers or clients visiting the workplace 

• visitors on inspections 

SECTION TWO 


• school students on work experience 

• independent contractors who carry out work on the premises, eg. installing, 

maintaining or repairing equipment 

• workers of other employers who are present at the workplace 

• customers or contractors who use plant, equipment or substances supplied 

by the employer. 

Some of the health and safety issues that may involve others at the workplace 

include: 

• visitors who require personal protective equipment (PPE), such as hard 

hats or hearing protection 

• contractors who work in an unsafe manner, creating risks for others 

• contractors who undertake work considered to have significant risk or 

requiring particular skills and knowledge eg. asbestos removal 

• work experience students with minimal awareness of OHS issues 

• children visiting a workplace that does not have appropriate guarding on 

machinery 

• delivery drivers unaware of site safety procedures for access, parking and 

loading/unloading. 

The employer is responsible for the health and safety of all people at the 

workplace although the extent of this responsibility will vary according to 

circumstances and level of control. 



6 

RAIL 

TRAM AND BUS 

U N 

I O N

Workplace Violence towards Bus Drivers 

There have been a number of recent reported incidents involving attacks 

on STA buses and violence towards bus drivers, that both illustrate the 

extent and types of health and safety dangers, and the measures required 

to address these. The recent attacks by throwing bricks at buses driving 

along Anzac Parade to Maroubra, required an immediate response of 

police escorts as well as a Plan of Action devised between the RTBU, State 

Transit Authority, Police and Government. 

The following Six Point Action Plan was developed to address the issues. 

1. High visibility police patrols and covert police operations to catch rock 

throwers; 

2. Police increasing the priority they give to rock attacks – through faster 

response times; 

3. More private security guards on buses and better deployment of security 

resources on high risk bus routes; 

4. Working with the local council to conduct a safety audit of bus 

routes; installing CCTV at high risk bus stops and other preventative 

measures, such as extra lighting and removing rocks and debris from 

the roadside; 

5. Using School Liaison Police to increase young people’s awareness of 

the dangerous consequences of rock throwing and the tough penalties 

that apply; and 

6. State Transit and the RTBU working together on increased security for 

buses including driver protection screens, shatter-proof windows and 

other measures. 

Duties of designers, manufacturers and suppliers 

Plant, equipment and substances used in work processes have a significant 

effect on workplace health and safety. In order for employers and employees 

to meet their health and safety responsibilities, they need to be informed about 

how to use plant, equipment and substances safely. 

Section 11 of the Act requires that a person who designs, manufactures 

(including assemble, install and erect) and supplies any plant or substance for 

use by people at work must ensure that the plant or substance is safe and 

without risks to health, when it is used properly. 


SECTION TWO 

RAIL 

TRAM AND BUS 

7 


U N 

I O N

This means that the designer, manufacturer and supplier are all independently 

responsible for: 

• identifying hazards 

• assessing the potential risk posed by the hazard 

• controlling the risk 

• reviewing the risk assessment. 

Part of this risk management process involves each party obtaining and 

providing relevant and adequate information when necessary. 

Details on the design, manufacture and supply of plant and substance can be 

found in the relevant chapters of the Regulation. 

SECTION TWO 


Designers, manufacturers and suppliers are required to test their products to 

ensure they are safe when used properly. They are also required to make available 

information about the results of these tests and about the requirements for their 

safe usage in the workplace. 

Material Safety Data Sheets 

Chapter 6 of the Regulation requires manufacturers to prepare material safety 

data sheets (MSDS) before the hazardous substance is supplied to another person 

for use at work. The MSDS must clearly identify each hazardous substance to 

which it relates and must include the following information: 

• recommended uses 

• chemical and physical properties 

• description of each ingredient used in its preparation 

• relevant health hazard information 

• precautions to be followed for safe use 

• emergency and general contact details of the manufacturer (in Australia). 

The manufacturer must review and revise the MSDS as often as necessary or at 

intervals not exceeding five years. 

It is also the manufacturer’s responsibility to provide the MSDS to any: 

• person who supplies the hazardous substance for use at work 

• person who is involved with the use of the hazardous substance and requests 

an MSDS 

• medical or health practitioner who requires an MSDS for emergency medical 

treatment. 


8 

RAIL 

TRAM AND BUS 

U N 

I O N

Similar responsibilities are required for those organisations that supply 

hazardous substances. The supplier is responsible for providing an MSDS the 

first time the substance is supplied to the employer and on request from people 

that are involved with its use. The supplier must make sure that substances 

are labelled correctly and that any other relevant information requested by the 

employer is provided. 

It is part of the role of OHS committee members and OHS representatives 

to be aware of the responsibilities of designers, manufacturers and suppliers. 

The employer’s health and safety information system should ensure that all 

available MSDS are obtained from manufacturers/suppliers and made available 

to the committee members or representative(s). 

Responsibilities of Employees 

Employees have the right to work in a safe and healthy workplace. In return an 

employee also has responsibilities. 

Division 3 – Section 20 of the Act states that an employee at work must: 

• take reasonable care for the health and safety of other people at the 

workplace that may be affected by the employee’s actions 

• cooperate with the employer in anything that the employer does or 

requires, in order to ensure safety. 

Employees must make sure that their actions do not put other people at risk. 

They must work safely, use and maintain plant and equipment properly and 

ensure that their work area is free of hazards. Cooperating with the employer 

may include: 

• notifying supervisors of actual and potential hazards 

• wearing or using prescribed safety equipment eg. PPE, machine guarding 

• carrying out work in a safe manner 

• following health and safety instructions 

• taking notice of signs 

• adhering to speed limits eg. forklift 

• participating in safety training. 



SECTION TWO 

RAIL 

TRAM AND BUS 

9 


U N 

I O N

Section 21 of the Act states that a person must not, intentionally or recklessly 

interfere with or misuse anything provided in the interests of health 

and safety and welfare under occupational health and safety legislation. 

This may include: 

• moving or defacing signs 

• tampering with warning alarms 

• removing machine guards 

• skylarking 

• playing jokes 

• behaving in a way that results in risk to others. 

SECTION TWO 


Section 22 of the Act establishes that employees must not be charged by the 

employer for anything that the employer provides or does, in relation to OHS. 

This means that employees should not: 

• be asked to pay for a training course that the employer feels is necessary 

to the safe system of work 

• be required to provide their own PPE (if the employer has determined that 

PPE is required) 

• be required to pay for equipment that is required to do the job safely, or 

otherwise contribute to its purchase 

• lose pay or time if they are working as a member of an OHS committee 

or as an OHS representative. 

Section 23 of the Act protects employees who raise health and safety issues. 

Possible situations may include: 

• making a complaint about OHS to the health and safety committee, OHS 

representative, WorkCover Inspector or any other person 

• being an OHS representative or a member of an OHS committee or exercising 

any functions of these positions. 

Section 24 of the Act deals with the fact that an employee must not intentionally 

hinder or obstruct: 

• the giving or receiving of any form of aid in the case of injury or illness to a 

person at work 

• any act to avoid or prevent a serious risk to the health or safety of a person 

at work. 

Section 25 deals with the offence of deliberately creating a risk to the health 

and safety of people at work with the intention of causing disruption to the 

workplace. This would involve bomb threats, intentional false alarms etc. 


10 

RAIL 

TRAM AND BUS 

U N 

I O N

Responsibilities of Directors and Managers of Corporations 

Division 1, Section 8 of the OHS Act 2000 places the ultimate responsibility 

for the health, safety and welfare of all employees at work, on the employer. In 

some organisations there may be more than one individual that can be called 

the employer. 

The employer may be represented through a system of management involving 

senior management, middle management and supervisors. 

Division 4 of the Act makes ancillary provision with respect to the liability of 

directors and managers of corporations. Section 26 addresses the allocation 

of responsibility where there is a complex management structure. This section 

extends the OHS responsibility of the employer to directors, managers and 

supervisors. 

Directors, managers and supervisors are directly responsible for OHS within 

areas under their control. In addition, if they are in a position to influence the 

conduct of the organisation or those involved, the responsibility is extended to 

any area where a health and safety hazard exists. 

The following examples clarify the extent of responsibility that managers 

and supervisors have under the Act. 

• A departmental manager has been informed that administration staff 

have not received appropriate training in the use of office equipment but 

fails to address the problem with the supervisor. 

• The chief executive officer decides to reduce the number of maintenance 

staff against the advice of the OHS committee. Some months later a 

faulty piece of equipment injures an employee. 

• A supervisor has been informed by the OHS representative that a work 

activity in another part of the production line is causing minor burns 

to several employees. All supervisors attend regular meetings with the 

production manager to discuss production and safety issues. 

In the first two examples, managers are aware of and have ultimate control 

over the health and safety problems. They are responsible for any incidents that 

result from inadequate action being taken. In the third example the supervisor 

is aware of a hazardous situation however, it is outside their immediate control. 

Despite this, they are in a position to influence the management of the hazardous 

situation by reporting it to the production manager. 


SECTION TWO 

RAIL 

TRAM AND BUS 

11 


U N 

I O N

Directors, managers and supervisors cannot use the defence that they did not 

know about an OHS issue. If it is within their control or they are in a position 

to influence OHS then they may be held responsible. 

Section 28 describes that it is a defence if a person can prove that: 

• it was not reasonably practicable for the person to comply with the 

provision, or 

• that the offence was due to causes over which the person had no control and 

it was impractical to make provision for. 

What is reasonably practicable will vary depending on the individual 

circumstances of each case. The courts would consider factors similar to those 

used in establishing reasonable care under common law. 

SECTION TWO 


• What is reasonable in the circumstances? 

• What is the magnitude of the risk? 

• What is the degree of probability of an incident occurring? 

• Was an approved industry code of practice, other recognised document or 

safe work method of an equivalent or higher standard followed? 

• Have changing technology, work methods, processes, equipment etc been 

accounted for? 

• Are current accepted industry and/or community standards being adhered 

to? 

• Has potential employee inattention, misjudgment or carelessness been 

considered? 

• Is there a safer method that would have prevented an incident occurring? 

• Are there any conflicting responsibilities that may influence actions to be 

taken? 

• Is the cost of preventing an incident out of all proportion to the gravity of 

risk and probability of it occurring? 

The Act provides for penalties of fines for corporations and individuals who 

are prosecuted for OHS breaches. The table shows the main penalties under 

the Act. 

Maximum for Prosecutions 2nd offence 1st offence 

Corporation 7500 p/u 5000 p/u 

Individual Acting for a 750 p/u or 500 p/u 

Corporation (e.g Director Imprisonment for 2 

or Manager) 

Years or Both 

P/U = Penalty unit. One Penalty unit is currently equivalent to $110. 


12 

RAIL 

TRAM AND BUS 

U N 

I O N

A Guide to 

Systematic 

Management 

of OHS 


SECTION TWO 

RAIL 

TRAM AND BUS 

13 


U N 

I O N

Systematic Management of OHS 

This Section of the Safety Matters Guide looks at overall monitoring and 

systematic management of OHS issues. This Section outlines some of 

the main principles and requirements of effective OHS management 

systems. It is intended that additional material will be added to this Section that 

are relevant to particular workplaces or that address new industry initiatives 

and developments. 

SECTION TWO 


The Waterfall train crash and subsequent Inquiry finding provide a graphic 

example of the consequences of failing to systematically manage OHS. As the 

Waterfall Inquiry Interim report made clear that tragedy was a result of systemic 

failures in capital equipment, inadequate training, fatigue and inadequate 

medical care of frontline staff performing safety critical work. 

Waterfall Inquiry Findings 

The findings of the Waterfall Inquiry were particularly critical at the 

systemic failure of State Rail to plan and manage safe operations. Amongst 

its conclusions on the factors which contributed to the accident are: 

(a) The failure of State Rail to manage the risk of a high speed roll-over 

(b) The deadman pedal was not fail-safe in either its design or operation 

(c) No adequate testing of the system was undertaken 

(d) No system was established to enable identification of safety hazards 

(e) No system of accountability or responsibility for the safety devices 

installed on Tangara trains 

(f) No adequate assessment of the deficiencies in the safety system 

(ii) These failures were part of a ‘broader failure to properly manage 

safety in at least the following respects: 

(iii) There was a pervasive lack of safety awareness within the 

management of the State Rail Authority 

(iv) There was a culture which enabled safety violations to occur 

(v) There were no integrated system for communication of safety 

critical information 

(vi) There was a failure by State Rail to learn from other rail systems 

(vii) State Rail Authority failed to disclose information in its annual 

safety reports to the Department of Transport 

(viii) State rail Authority had a weak safety culture 

(ix) Approach of State Rail Authority to safety management was 

reactive 

RAIL 


14 

TRAM AND BUS 

U N 

I O N

The report also identified ‘human factors’ such as the train guards’ inadequate 

training and rostering leading to fatigue and diminished capacity to assess 

and respond to what was occurring. 

These are issues that are of concern to all employees employed by all private 

and public transport operators. It will be increasingly necessary for Union and 

OHS representatives in the workplace to be actively engaged in the systematic 

management and monitoring of OHS systems in their workplace. There is also 

a responsibility on the Union and its members and all those involved in OHS to 

identify key areas of concern and to work towards effective solutions. 

Developing OHS Management Systems 

The systematic and strategic management of OHS is vital in preventing 

workplace accidents, injuries and illness. This involves developing formal 

and/ or informal management systems for dealing with occupational health 

and safety matters. That is, OHS should be integral to the overall strategic 

business planning of the company, and not viewed as an ‘add-on’ or side 

issue. 

The Australian Standard for Occupational Health and Safety Management 

Systems (AS 4804 1997) defines an OHS management system as: 

The part of the overall management system which includes 

organisational structure, planning activities, responsibilities, practices, 

procedures, processes and resources for developing, implementing, 

achieving, reviewing and maintaining the OHS policy, and so managing 

the OHS risks associated with the business or the organisation’. 

Principles of Occupational Health and 

Safety Management Systems (OHSMS) 

The Act and its supporting regulatory and advisory framework provide broad 

objectives and in some circumstances, detailed guidance to assist employers, 

employees and others in achieving health and safety. The legislative framework 

must be considered and applied specifically in relation to each individual 

workplace in order to achieve optimum health and safety. 

However, due to the complexity of workplaces, the interaction of people, plant, 

substances and systems, the organisational structure and workforce culture, 



SECTION TWO 

RAIL 

TRAM AND BUS 

15 


U N 

I O N

implementing the legislation can be difficult and often becomes reactive and ad 

hoc. The ideal way to implement the Act is through a planned, systematic and 

coordinated approach. 

Many of the recommendations from the Report on the Inquiry into Workplace 

Safety conducted by the Standing Committee on Law & Justice, were focused 

on the need for a systematic approach to workplace health and safety. In 

particular, that ‘the OHS Act be amended to impose a duty upon employers to 

adopt a systematic approach to occupational health and safety. This systematic 

approach could be as simple as the application of the six step approach to OHS 

being promoted by WorkCover NSW in its community awareness campaign, 

or it could be as complex as the application of an accredited OHS management 

system.’ 

SECTION TWO 


Several reports have been written evaluating the effectiveness of OHSMS, 

with the objective of increasing the understanding of the role and function of 

OHSMS to encourage all Australian workplaces to adopt a more systematic 

approach to the management of OHS. 

WorkCover NSW has developed a Six Step Approach to serve as a guide 

in developing OHS systems. The steps that should be included in the 

occupational health and safety strategy are: 

• Develop an OHS policy and related programs 

• Set up a consultation mechanism with employees 

• Establish a training strategy 

• Establish a hazard identification and workplace assessment process 

• Develop and implement risk control 

• Promote, maintain and improve these strategies 

These steps and their components are discussed in more detail in the 

following sections. 


16 

RAIL 

TRAM AND BUS 

U N 

I O N

Employer Commitment and Policy 

An organisation’s OHS policy is a public statement signed by senior management 

expressing commitment and intent to manage OHS responsibilities throughout 

the whole organisation. The policy is intended to clearly inform employees, 

suppliers, customers and other relevant parties that OHS is an integral part of 

all operations. 

The formation of an OHS policy assists in the development of a proactive OHS 

culture in the organisation. 

An OHS policy should: 

• state the organisation’s health and safety objectives 

• express the employer’s/organisation’s commitment to OHS and continual 

improvement in the control of work-related injury and illness 

• include a commitment to comply with relevant OHS legislation and with 

other requirements to which the organisation subscribes 

• be dynamic and relevant to the organisation’s overall vision and objectives 

• be appropriate to the nature and scale of the organisation’s OHS risk 

• specify the responsibilities of managers, supervisors and employees in 

achieving 

OHS objectives 

• form the basis upon which the OHS programs are established to achieve the 

objectives 

• allocate appropriate physical and human resources to ensure objectives are 

achieved 

• be signed or authorised by the most senior person in the organisation 

• include an issue and review date 

• be documented and communicated throughout the organisation 

• be available to interested parties and clearly understood by everyone 

• be reviewed regularly to ensure it remains relevant and appropriate to the 

organisation. 

OHS Programs 

OHS programs are the specific activities that the organisation conducts to 

achieve the policy objectives and commitment. Programs can be general in nature or 

may apply to specific hazards. 


SECTION TWO 

RAIL 

TRAM AND BUS 

17 


U N 

I O N

A general program could establish risk management in the organisation. This 

could then lead to more specific programs based on various hazards or work 

areas. A range of OHS programs could include: 

• management of particular hazards 

• specific safety activities 

• reporting systems 

• investigation processes 

• emergency management 

• Personal Protective Equipment (PPE) 

• OHS training and other information strategies. 

SECTION TWO 


Developing OHS Programs 

Successful programs rely on the commitment of everyone in the workplace. 

Consultation with all of those affected by the program will increase commitment 

and acceptance. The OHS committee is usually the forum in which employees 

contribute to the development of programs. 

Some key stages in the development of OHS programs are: 

1. Identify the OHS hazards or issues that need to be dealt with 

The hazards or issues need to be established and clearly defined. They should 

be considered in terms of the potential outcomes for harm, the context of the 

workplace (ie people, plant, substances, the systems or work activities in place 

etc) current processes and technology and resources. 

2. Determine appropriate action 

Consider what needs to be done in order to manage the identified issues. 

This could include: 

• changes to the work system, processes or methods 

• information and training 

• risk management strategies eg. manual handling, noise, hazardous 

substances 

• resources to be provided 

• researching new technology 

• the role and responsibilities of involved parties 

• supervising and reviewing the program. 


RAIL 


18 

TRAM AND BUS 

U N 

I O N

3. Specify objectives or performance measures 

OHS programs should specify objectives in order to determine their success. 

Objectives should be specific, measurable and achievable. They should also 

make reference to time, cost and quality requirements where applicable. 

4. Monitor the program 

Programs should be reviewed at the end of the stated time frame, however it 

is usually necessary to monitor the program on an ongoing basis to enable 

problems to be dealt with as they arise, or modifications to be made if required. 

For example, additional resources may need to be allocated, a certain type of 

training may be required, new information or legislation may affect current 

actions etc. 

Mechanisms should be established to enable employees and supervisors to 

express their concerns about any aspect of the program. The OHS committee 

and/or OHS representative should be involved in this process to strengthen 

consultation and commitment. 

5. Evaluate and review 

Programs must be flexible. Once in place they must be reviewed to ensure 

their objectives are being met in effectively promoting health and safety in 

the workplace. The OHS committee/OHS representative should have a role in 

the process of review and evaluation. They can then make recommendations 

to management about what should be done in the future to enable continual 

improvement or take corrective action. This should be done with direct reference 

to the stated program objectives or performance measures. 

One method of evaluating the program could be for the OHS committee/OHS 

representative to survey employees and supervisors about the effectiveness of 

the program at the end of a designated period. 

If the program is successful and a decision is made to continue with it on a 

permanent basis, periodic review is important. Changes in technology, legislation 

and work systems may result in improved prevention and control strategies. 


SECTION TWO 

RAIL 

TRAM AND BUS 

19 


U N 

I O N

Developing OHS Policy? 

An OHS Policy is a way an organisation communicates its commitment 

to a safe and healthy workplace and the responsibilities of everyone in the 

workplace to achieve this. 

Successful management of health and safety in the workplace requires the 

following elements: 

SECTION TWO 


1. A commitment by the employer to provide a workplace that is safe and 

without risks to health. This commitment is demonstrated by giving health 

and safety issues priority in all decisions affecting the workplace and the 

conduct of work. 

2. The provision of adequate resources to ensure the workplace is safe and 

without risks. Adequate resources are needed to ensure that things such 

as equipment are safe and properly maintained. OHS issues are promptly 

addressed and employees are trained to carry out their tasks in a safe 

manner. 

3. OHS responsibilities are clearly defined and people in the workplace are 

aware of their responsibilities and are competent and resources to meet 

them. 

4. There is an OHS program comprising of a range of health, safety and welfare 

to enable the workplace to identify hazards, assess risks and implement 

control measures to ensure the highest level of workplace health and 

safety. Such activities as hazard reporting, accident and incident reporting, 

emergency procedures and incorporating health and safety into job design, 

training and purchasing would constitute the OHS program. 

By developing an OHS policy which addresses these issues, the organisation 

can clearly express its commitment to a safe and healthy workplace and how 

it is going to achieve it. 

Steps in Developing an OHS Policy 

The WorkCover Workplace Safety Kit describes the following six steps in 

developing an OHS Policy. 

• Determine OHS responsibilities 

It is important that this is done before the policy is developed sot he 

responsibilities can be incorporated into the policy to emphasise what 



20 

RAIL 

TRAM AND BUS 

U N 

I O N

the organisation expects of everyone in ensuring a safe and healthy 

workplace. 

• Do a rough draft of the policy covering the issues in the sample policy 

provided. 

• Discuss it with senior management and reach agreement on the draft. 

• Discuss the draft with your OHS consultative committee, OHS representatives 

or other consultative mechanisms established to develop your OHS system. 

• Put the draft out for comment by employees and review if necessary 

• Have senior management endorse the policy 

• Publicise and promote the policy. This can be done by: 

(a) Placing copies of the policy in prominent positions in the organisation 

(notice boards, lunch room, foyer) 

(b) Using the policy to drive the OHS program 

(c) Incorporating the policy in OHS training 

Delegates and OHS Representatives should make themselves familiar with the 

OHS and related policies in their workplaces. 


SECTION TWO 

RAIL 

TRAM AND BUS 

21 


U N 

I O N

Sample OHS Policy 

General Policy 

The occupational health and safety of all persons employed within the 

organisation and those visiting the organisation is considered to be of the 

utmost importance. Resources in line with the importance attached to 

occupational health and safety will be made available to comply with all 

relevant Acts and Regulations and to ensure that the workplace is safe and 

without risk to health. 

SECTION TWO 


Management’s Responsibility 

The promotion and maintenance of occupational health and safety is 

primarily the responsibility of management. Management at all levels 

is required to take contribute to the health and safety of all persons in 

the workplace. To this end, it is management’s responsibility to develop, 

implement and keep under review, in consultation with its employees, the 

Organisation’s OHS Program. 

Specifi c Responsibilities 

a) MANAGERS 

Each manager is required to ensure that this policy and the OHS 

Program is developed and effectively implemented in their areas of 

control, and to support supervisors and hold them accountable for 

their specific responsibilities. 

b) SUPERVISORS 

Each first-line supervisor is responsible, and will be held accountable, 

for taking all practical measures to ensure: 

• that in the area of their control the OHS Program is complied with and 

employees are supervised and trained to meet their requirements under 

this Program; 

• that employees are consulted in issues which affect their health and 

safety and any concerns they may have are referred to management. 



22 

RAIL 

TRAM AND BUS 

U N 

I O N

c) EMPLOYEES 

All employees are required to co-operate with the OHS Policy and Programs 

to ensure their own health and safety and the health and safety of others 

in the workplace. 

d) CONTRACTORS AND SUB-CONTRACTORS 

All Contractors and sub-contractors engaged to perform work on the 

organisation’s premises or locations are required, as part of their contract, 

to comply with the occupational health and safety policies, procedures 

and programs of the organisation and to observe directions on health and 

safety from designated officers of the organisation. Failure to comply or 

observe a direction will be considered a breach of the contract and sufficient 

grounds for termination of the contract. 

Occupational Health and Safety Program 

In order to implement the general provisions of this policy, a program of 

activities and procedures will be set up, continually updated and effectively 

carried out. The program will relate to all aspects of occupational health 

and safety including: 

• OHS training and education; 

• work design, workplace design and standard work methods; 

• changes to work methods and practice; including those associated with 

technological change; 

• emergency procedures and drills; 

• provision of OHS equipment, services and facilities; 

• workplace inspections and evaluations; 

• reporting and recording of incidents, accidents, injuries and illnesses; 

and; 

• provision of information to employees, contractors and subcontractors. 

MANAGER’S SIGNATURE _____________________ DATE / / 


SECTION TWO 

RAIL 

TRAM AND BUS 

23 


U N 

I O N

Procedures 

Procedures provide more detailed instruction and generally support the 

implementation of an OHS program. They are usually specific to particular 

hazards or work activities. For example, an emergency management program 

may include, among other things, evacuation procedures, crowed control, 

bomb threat procedures and first aid procedures. 

Procedures for implementing programs may include: 

• induction or other training strategies 

• information bulletins 

• on the job instruction 

• initial increased supervision 

SECTION TWO 


• written checklists, safe work methods or job safety analyses 

• ongoing monitoring and review. 

Benefi ts of Jointly Developing Policy, Programs and Procedures 

The benefits of joint development of policy, programs and procedures are: 

• employees consulting and taking ownership of the safety programs and 

procedures that directly affect them 

• increased employee commitment and adherence to the new program and 

procedures 

• employee empowerment, feeling of involvement and knowledge of why the 

programs and procedures have been implemented 

• all issues relevant to a safety program are considered 

• the development of a comprehensive, effective program 

• increases probability of success in achieving the objectives. 

Safe Systems of Work 

One of the key responsibilities of the OHS committee/OHS representative or 

other agreed consultative mechanism, is to assist in developing a safe working 

environment and safe systems of work. 

In general terms, the employer can ensure a safe working environment and 

system of work by providing: 

RAIL 


24 

TRAM AND BUS 

U N 

I O N

• a workplace that is without risk to health, safety and welfare 

• safe and adequate plant, equipment and substances 

• appropriate plans, procedures, work methods 

• suitable instruction, information, training and supervision 

• adequate resources, including qualified personnel 

• ongoing and effective review and improvement. 

To ensure a safe working environment and system of work managers and 

supervisors (as the employer’s representatives) should: 

• implement OHS policy and procedures 

• identify workplace hazards 

• monitor and enforce corrective action 

• consult with employees and OHS committee/OHS representative 

• investigate incidents 

• provide relevant induction and ongoing training 

• respond to OHS issues raised by employees or the OHS committee/OHS 

representative and take corrective action where possible 

• submit statistics and reports 

• develop appropriate OHS solutions 

• ensure systems of work are reviewed and continuously improved. 

Safe systems of work should: 

• designate responsibility for the achievement of objectives and targets to 

relevant personnel/supervisors and sections of the organisation 

• include timeframes by which objectives and targets will be achieved 

• be developed in the planning and design stages of new projects or during 

initial business establishment 

• include a process for reviewing the system 

• directly respond or take account of identified OHS hazards and risk levels 

• be considered in relation to the ongoing operations of the organisation 

• be updated to reflect changes to the activities, products or services of the 

organisation (eg. introduction of a new product) or significant changes in 

operating conditions (eg. change of location). 


SECTION TWO 

RAIL 

TRAM AND BUS 

25 


U N 

I O N

Safe Work Method Statements 

Safe work method statements, known also as safe operating procedures or job 

safety analyses (may be named differently in your sector of the industry) are 

particularly important when planning and implementing work. They specify 

methods of carrying out certain types of work activities, tasks or hazardous 

work. The OHS committee and/or OHS representative can be involved in 

their development. 

SECTION TWO 


A safe work method statement is itself a type of checklist. It is used to describe 

the job that has to be done. It can be used to anticipate possible health and 

safety issues and to program work effectively. Safe work method statements can 

also assist in quality assurance and meeting legal or contractual requirements. 

The aims of a safe work method statement are to: 

• describe the task or job to be done 

• identify the physical and human resources and skills required 

• identify the health, safety and welfare hazards associated with the task 

• assess and select hazard controls as appropriate 

• systematically plan the job so it can be completed efficiently and effectively. 

Safe work method statements should: 

• be developed and documented prior to the commencement of a job 

• involve consultation with employees 

• incorporate risk assessment results 

• explain job procedures in a logical step-by-step order 

• be read and understood by the employees, before commencing work 

• be signed by the employees, once it has been read and understood 

• be included as part of an employee’s induction training 

• become part of the organisation’s safety plan 

• be written in plain English with minimal jargon and presented in a suitable 

format (eg. pro-forma charts or forms). 


RAIL 


26 

TRAM AND BUS 

U N 

I O N

The OHS Committee/OHS Representative and 

Systematic OHS Management 

The committee and/or OHS representative can assist the employer with every 

aspect of systematically managing OHS from the development of policy and 

programs through to evaluation and recommending improvements. 

They can assist in the development of a safe working environment and safe 

systems of work and the formation of OHS policy suitable to their workplace. 

When assisting in the development of OHS programs and strategies as part of a 

systematic approach, the committee and/or OHS representative should discuss 

the issues with employees at the workplace. Consultation will ensure that the 

suggestions, concerns and solutions are truly representative of and relevant to 

the workplace. Committees and/or OHS representatives also need adequate 

information to provide correct and suitable assistance. 

There are many publications that can assist in the development and 

effective implementation of OHSMS. These include: 

(b) AS/NZS 4804: 1997 Occupational health and safety management systems 

– General guidelines on principles, systems and supporting techniques 

(b) AS 4801: 2000 Occupational health and safety management systems – 

Specification with guidance for use 

(b) Six Step Approach to Managing OHS WorkCover – Workplace Safety Kit 

– A step by step guide to safety for business 

• Safety Map 

• OHS&R Management System Guidelines 

Every organisation is unique and will have different requirements of an 

OHSMS, therefore the same model will not suit every workplace. 


SECTION TWO 

RAIL 

TRAM AND BUS 

27 


U N 

I O N

Managing OHS Checklist 

Safety, Health and Environmental Checklist Yes No 

Is there a system in place that is routinely used by employees to identify 

and report OHS incidents in your workplace? 

Have employees been informed of all aspects of the OHS management 

system? 

Does your workplace have an OHS policy? 

Is the employer meeting all of their (under the OHS Act, Regulations) 

obligations in relation to OHS management systems? 

Is a system in place and routinely used (eg: regular workplace 

inspections) to identify, assess and control hazards? 

SECTION TWO 


Does your workplace regularly assess and analyse the OHS procedures 

and programs? 

Is there regular communication and consultation between management 

and employees about hazard identification and risk assessment in your 

workplace? 

Are employee OHS representatives directly involved in OHS policy and 

program development in your workplace? 

Is there training or skills development for employees to improve OHS 

management processes in your workplace? 

Are detailed records maintained and analysed by the employer in 

relation to injuries, illness and incidents/accidents? 

Does your workplace have regular OHS inspections and audits? 

Are the OHS management measures in your workplace regularly 

reviewed? 

Is the OHS management system in your workplace routinely 

monitored, reviewed and evaluated? 

What needs to be done? 

• To establish effective OHS representation? 

• To improve OHS representation in your workplace? 



28 

RAIL 

TRAM AND BUS 

U N 

I O N

A Guide to 

Consultation 

and OHS 

Legislation 


SECTION TWO 

RAIL 

TRAM AND BUS 

29 


U N 

I O N

NSW OHS Act and Consultation 

The NSW OHS Act 2000 was introduced as a result of the 

recommendations made in the Report on the Inquiry into Workplace 

Safety conducted by the Standing Committee on Law & Justice, which 

included the McCallum Report (Final Report of the Panel of Review of the 

Occupational Health and Safety Act, 1983). 

The committee’s report included a recommendation that the ‘Occupational 

Health and Safety Act 1983 be amended to require employers to consult 

with their employees at all stages of the planning and implementation of a 

systematic approach to the management of occupational health and safety’. 

SECTION TWO 


There was also a recommendation to look at new mechanisms to develop and 

improve consultation in the workplace. 

This requirement for consultation is reflected by object (d) of the NSW OHS 

Act 2000: 

‘to provide for consultation and cooperation between employers and 

employeesin achieving the objects of this Act.’ 

The legal requirements for consultation in NSW workplaces are provided in the 

following legislation: 

NSW OHS Act 2000, Part 2, Division 2, Section 13 – 19 

OHS Regulation 2001, Chapter 3 – Workplace Consultation, Clause 21 – 32 

The Act provides choices on how consultation can occur. Workplaces may 

choose to establish one or more of the following: 

• OHS Committee or Committees 

• OHS Representative or Representatives Elected by Employees 

• Other Agreed Arrangements between Employer and Employees 

The Regulation provides more detailed requirements to support the Act. Both 

the Act and the Regulation are law and must be followed however, there is 

sufficient scope for each workplace and OHS committee/OHS representative 

to develop their own systems and procedures. For example, while the Act 

states that an election must be held for employee representatives, the method 

of voting can be decided by the workplace. The Act and Regulation provide 

some information about the functions of the committee however, the committee 

can establish their own constitution to deal with day-to-day operations and 

administration. 



30 

RAIL 

TRAM AND BUS 

U N 

I O N

OHS Consultation Code of Practice 

The OHS Consultation Code of Practice is a practical guide for meeting the 

duty to consult requirements set out in the Act and Regulation. 

The OHS Consultation Code of Practice references relevant sections of the Act 

and Regulation as they arise and includes: 

• instruction on the provisions of the Act and the Regulation 

• practical guidance and tools to assist industry to implement and maintain 

meaningful and effective consultative arrangements 

• several case studies highlighting how various workplaces undertake 

consultation about health and safety. 

Duty to Consult 

Division 2 – Section 13 of the OHS Act states that an employer 

‘must consult, in accordance with this Division, with the employees 

of the employer to enable the employees to contribute to the making 

of decisions affecting theirhealth, safety and welfare at work’. 

It is essential that employees be given opportunities for genuine participation in 

decision-making about all aspects and issues concerning OHS in the workplace. 

Consultation is not only a legal requirement. It is also an essential way to 

identify hazards and other OHS issues experienced by employees. Employees 

are often the ones working with the greatest risks therefore they can often 

provide valuable advice about possible solutions. 

The maximum penalties for an offence against an employer’s duty to consult 

range from 250 penalty points in the case of an individual to 750 penalty points 

for a corporation. 



SECTION TWO 

RAIL 

TRAM AND BUS 

31 


U N 

I O N

Nature of Consultation 

Section 14 of the Act states that consultation under this Division requires: 

(a) ‘the sharing of relevant information about occupational health, safety and 

welfare with employees 

(b) that employees be given the opportunity to express their views and to 

contribute in a timely fashion to the resolution of occupational health, 

safety and welfare issues at their place of work 

(c) that the views of employees are valued and taken into account by the 

employer.’ 

SECTION TWO 


When an employer is determining how they should meet their duty to consult, 

they need to consider: 

• the type of decisions that may affect their employees’ health and safety 

• who is responsible for making these decisions 

• when these decisions are made 

• the effectiveness of the existing consultation process. 

Effective OHS consultation involves the employer sharing relevant information 

with employees and ensuring that employees are given the opportunity to express 

their views and contribute to discussions about OHS matters before decisions 

are made. Consultation can be effective or ineffective. The OHS Consultation 

Code of Practice provides a guide that outlines the difference between effective 

and ineffective consultation. It can also be used as a guide to assess whether 

consultative arrangements adopted by an organisation are working effectively. 

The OHS Consultation Code of Practice provides a guide that outlines the 

differences between effective and ineffective consultation. 



32 

RAIL 

TRAM AND BUS 

U N 

I O N

Table 1: Effective and Ineffective Consultation 

When consultation 

occurs 

Employer role 

Employer skills 

needed 

Employee role 

Effective 

Early, before agenda and 

decisions are made 

Interested in and values 

employees’ ideas 

Interpersonal, facilitative, 

listening 

Pro-active, employees 

encouraged to suggest ideas 

Ineffective 

After the agenda is set and 

decisions are made 

No recognition of the benefits of 

consultation 

No skills needed 

Reactive, employees have no 

role in improving OHS 

Employee skills 

Interaction style 

Approach toward 

each other 

Process 

Training provided in 

communication skills and risk 

assessment 

Planned, genuine and 

collaborative 

Trust, mutual respect 

Open and receptive to employee 

participation 

No training provided to enable 

effective participation 

Directionless, token or sporadic 

Mistrust, lack of respect for 

differing points of view 

Invisible, barriers to employee 

participation 

Information Relevant information provided Limited access to information 

Communication 

Outcomes 

When Consultation is Required 

Opportunities for one-toone 

communication with 

employees, clear and ongoing 

feedback 

Outcomes result in 

improvements to the systems 

for managing safety 

No direct communication with 

employees, no feedback 

There is no improvement in how 

safety is managed 

Consultation between the employer and their employees should occur whenever 

an employee, OHS committee member, OHS representative, or manager is 

aware of an issue that has implications for the health, safety or welfare of 

employees. Section 15 of the Act requires that consultation must occur when: 

• risks are assessed or reviewed 

• measures are proposed to eliminate or control risks 

• monitoring procedures are introduced or altered (including procedures for 

health surveillance) 


SECTION TWO 

RAIL 

TRAM AND BUS 

33 


U N 

I O N

• decisions are made about the adequacy of facilities 

• changes are proposed to premises where people work, systems or methods of 

work, plant or substances used for work 

• hazards have been identified as a risk to OHS 

• decisions are made about procedures for consultation 

• in any other case prescribed by the Regulation. 

Consultation must also occur: 

SECTION TWO 


• before purchasing items used for work that have implications for the health 

and safety of employees 

• before employees are trained in OHS 

• when setting up emergency procedures. 

To ensure that consultation is timely, effective and meaningful, it is essential 

that the employer adopt a systematic approach to health and safety in the 

workplace. A systematic approach to the management of OHS will increase the 

likelihood of preventing workplace injury and disease. Involving employees in 

the consultation and planning process will assist in the identification of hazards 

and in the assessment and control of the risk involved. 

Related Obligations of Employer with Respect to Duty to Consult 

Clause 27(1)(h) of the Regulation states that an employer must 

‘facilitate the OHS consultation arrangements of another employer 

where employees of that other employer are working at the employer’s 

place of work.’ 

This means that when contractors or labour hire employees are on site it is 

essential that effective communication and consultation take place about OHS 

issues that include everyone on site. 

The principal contractor, whether as an employer or person in control of a 

workplace, should have a system of communication and consultation about 

risks and proposed risk control measures as part of their management system. 

The contractor should advise the principal contractor about how consultation 

will take place with the contractor’s employees before commencing work. 


34 

RAIL 

TRAM AND BUS 

U N 

I O N

OHS Consultation Checklist 


Are employees in the workplace aware of the consultation mechanisms 

and processes? 

Do all employees in your workplace have opportunities to contribute 

and participate in OHS decision-making? 

Are there effective OHS consultation mechanisms and processes in 

place in your workplace? 

Is there regular and on-going communication and information sharing 

on OHS issues and decisions? 

Is the employer meeting all of their legal (under the OHS Act, 

Regulations) obligations to consult on OHS? 

Is there regular time and resource commitments to consultation around 

OHS issues in your workplace? 

Do employees consider the OHS consultation arrangements to be 

suitable and credible? 

Do employees have access to, and input into OHS information and 

records in your workplace? 

Are the views of employees valued and taken into account in OHS 

problem-solving and decision-making? 

Is there training or skills development to improve consultation 

processes in your workplace? 

Does consultation occur on all OHS issues (eg: introduction of 

new work / technology, new procedures, when hazards have been 

identified)? 

Are other employees (other work areas, sub-contractors) included and 

involved in the consultation process? 

Are the roles and responsibilities of management and employee 

participants clearly identified and understood? 

Are people and organisations, other then employees outside of the 

workplace involved and participate in the consultation process? 


• To establish effective OHS consultation? 

• To improve OHS consultation in your workplace? 



SECTION TWO 

RAIL 

TRAM AND BUS 

35 


U N 

I O N

OHS Committee Checklist 


Does an OHS committee/s operate in your workplace? 

If a committee has been established, is it in accordance with the 

requirements under the OHS Act and Regulations? 

Do employee representatives chair the committee? 

Is there adequate resources for the work and functions of the OHS 

committee to be performed during paid time? 

Is the OHS committee effective in addressing and resolving OHS issues 

and concerns in your workplace? 

Are committee meetings and agendas planned and timetabled? 

SECTION TWO 


Has the committee agreed on methods, procedures and scope of its 

roles and functions? 

Is there a communication strategy in place for information to flow 

between employees, management and the committee? 

Are the roles and responsibilities of committee representatives defined 

and understood? 

Is there regular action taken and follow-up information as an outcome 

of each meeting? 

Do management and employee representatives actively participate in 

the committee on a regular basis? 

Is information (agendas, items for discussion, background information) 

distributed and discussed before OHS committee meetings? 

Are there clear procedures in place for dealing with issues and business 

items on the committee? 

Is the OHS committee effective in raising, resolving and monitoring 

OHS issues in the workplace? 

Does the committee have effective strategies to arrive at consensus 

decisions? 

Is the work of the OHS committee regularly reviewed and evaluated? 


• To establish an effective OHS committee? 

• To improve the OHS committee in your workplace? 



36 

RAIL 

TRAM AND BUS 

U N 

I O N

A Guide to 

Risk 

Management 


SECTION TWO 

RAIL 

TRAM AND BUS 

37 


U N 

I O N

OHS Risk Analysis 

The OHS Act and Regulation require that an employer must identify foreseeable 

hazards, assess the risks and to eliminate the risks, or where this is not practicable, 

to control the risks. 

This requirement applies to all hazards in all workplaces, and Chapter 2 of the 

Regulation makes it clear that no employer is excluded or exempted from these 

requirements. 

That is, all employers must identify hazards, assess the risks associated with 

those hazards and put in place effective measures and systems to eliminate or 

control the risks. 

SECTION TWO 


Risk management and Occupational Health and 

Safety Management Systems 

Management of risk is an integral part of the OHS management process, 

appropriate aspects of which are carried out by a multi-disciplinary team. It is 

an interactive process of continual improvement. 

This systematic approach could be as simple as the application of the six step 

approach to OHS being promoted by WorkCover NSW in its community 

awareness campaign, or it could be as complex as the application of an 

accredited OHS management system.’ 

The main elements are: 

• Establish the Context 

• Identify Risks 

• Analyse Risks 

• Evaluate risks 

• Treat risks 

• Monitor and review 

• Communicate and consult 

Risk management can be applied at many levels in an organisation. It may be 

applied to specific projects to assist with specific decisions or to manage specific 

recognised risk areas. Risk criteria can be strengthened to achieve progressively 

better levels of risk management and continual improvement of the whole 

system. 


RAIL 


38 

TRAM AND BUS 

U N 

I O N

Undertaking OHS Risk Management 

To be most effective risk management should become part of an organisation’s 

culture. It should be integrated into an organisation’s philosophy, practices and 

business plans so that everyone in the organisation is involved rather than being 

viewed or practiced as a separate program. 

OHS risk management involves the process of hazard identification and risk 

assessment and control. Information is gathered, decisions made and actions 

taken to rectify OHS issues. It is performance based, allowing employers the 

flexibility and capacity to develop more effective solutions to workplace health 

and safety issues. 

Chapter 2 of the OHS Regulation 2001 imposes obligations on all 

employers to implement risk management processes in all workplaces. 

Employers must take reasonable care to identify any foreseeable hazard 

that has the potential to harm the health and safety of employees or any 

other persons in the workplace. 

The Regulation defines a hazard as ‘anything (including work practices or 

procedures) that has the potential to harm the health or safety of a person’. 

Hazard prevention offers the best opportunity for reducing workplace 

injury or illness. 

Hazards arise from the workplace environment, use of plant and substances, 

poor work design, inappropriate systems and procedures and human behaviour. 

In order to control hazards we need to be aware of their existence. Hazards can 

be classified into five broad areas: 

• physical eg. noise, radiation, light, vibration 

• chemical eg. poisons, dusts 

• biological eg. viruses, plants, parasites 

• mechanical/electrical eg. slips, trips and falls, tools, electrical equipment 

• psychological eg. stress, boring work, violence or aggression. 

Hazard management plans can be developed after hazards have been classified, 

eg. a chemical hazard management plan. 

The OHS Act (Section 15(a) and Section 18) and Regulation (Chapters 

2 and 3) clearly identify a key role for OHS Committees and OHS 

Representatives in workplace risk assessments and ‘to investigate any 

matter that may be a risk to health and safety at the place of work’. 


SECTION TWO 

RAIL 

TRAM AND BUS 

39 


U N 

I O N

It is important for employees to be aware of hazards. The OHS committee may 

recommend hazard specific training. In particular, the committee should consider 

the problems that specific groups may have concerning hazards, eg. employees 

from non-English speaking backgrounds, shift workers, new employees, young 

employees and others. 

Hazard Identifi cation 

SECTION TWO 


Hazard identification is the process of recognising that a hazard exists and 

defining its characteristics. It involves finding all hazardous activities, situations, 

plant and equipment, products and processes. Hazards can be identified in a 

number of ways and all employees should be involved in hazard identification. 

It should take place at all stages of product or service delivery, from design to 

manufacture, supply and product use. 

Identifying hazards should be a systematic process. Systematic identification 

enables workplace hazards to be identified in a logical, structured manner. 

Systematic hazard identification methods include: 

Safety audit 

A systematic and periodic inspection of the workplace to evaluate the 

implementation and effectiveness of the organisation’s OHS management 

system. 

External consultants or workplace OHS professionals may conduct the audit. 

Audits usually result in a written report for management and are referred to the 

OHS committee/OHS representative for consideration. 

Workplace inspections 

Regular, systematic, physical inspections of the workplace by managers, 

supervisors, OHS committees and OHS representatives. Inspections make use 

of observation, checklists and discussion to identify workplace hazards. 

In conducting inspections, consultation and cooperation between employers 

and employees is required. The OHS committee/OHS representative is involved 

in this process. The outcomes of inspections and control recommendations 

should be documented and made available to employees. 



40 

RAIL 

TRAM AND BUS 

U N 

I O N

Incident/accident investigations 

Many workplaces have a set of procedures for reporting and investigating 

hazards and circumstances that contribute to incidents/accidents. 

Consultation 

Mechanisms in the workplace to identify hazards and bring them to the 

attention of those responsible for providing a safe and healthy workplace. OHS 

committees or representatives are examples of workplace consultation. 

Other agreed arrangements for consultation such as work meetings, quality 

circles and total quality management philosophies, provide a variety of forums 

in which employees can raise OHS issues and concerns. 

Records 

Workplaces are required to keep records on injuries, illness and incidents/ 

accidents. 

Information about near hits can be very helpful in identifying hazards and 

preventing potential harm or damage. Registers of hazardous substances, plant 

or injury are also useful. 

Many workplaces generate reports and statistics based on workers compensation 

claims. These statistics can be analysed to alert the organisation to the presence 

and frequency of hazards in the workplace. 

Environmental and health monitoring 

As with OHS audits, monitoring may be undertaken by OHS professionals 

to provide technical advice about suspected problems. Monitoring may help 

in deciding whether a substance or process is a hazard and, if so, the level 

of risk involved. In this way, monitoring is not only associated with hazard 

identification, but also with workplace assessment and control measures. 

Environmental monitoring measures the hazards present in the workplace 

environment, whereas health monitoring considers exposure of the individual. 

Hazards may also be identified through the less formal process of incidental 

identification. This includes observations and complaints. 


SECTION TWO 

RAIL 

TRAM AND BUS 

41 


U N 

I O N

OHS Risk Assessment 

Risk assessment is an evaluation of the health and safety risks involved in using 

substances or processes in the workplace. The purpose of a risk assessment is 

to obtain information and make decisions about the appropriate management 

of a hazard. It involves assessing the significance of the hazard in terms of 

probability or likelihood of injury, illness or damage and the severity of the 

consequences that may result. Risk assessment also assists in determining the 

measures thought necessary to control the risk. 

SECTION TWO 


Risk assessments must include all significant findings and recommended control 

measures. They should be conducted following any injury or incident or prior to 

changes to plant, processes, work activities, or as a result of changing technology 

or legislation. Specific record keeping requirements are contained in Chapters 

4,5,6 and 8 of the Regulation. In addition to the record keeping requirements 

stipulated in the Regulation, employers need to make a judgement about 

whether risk assessments should be recorded. Factors that may be considered 

could include the significance of the risk and the complexity of the risk control 

measures adopted. 

To determine the level of risk the following should be considered: 

Severity 

The severity concerns the extent of the injury or illness or degree of harm 

caused if exposed to the hazard. A severe effect of exposure would include 

death, permanent disability or a serious illness such as cancer or hepatitis, 

whereas a minor effect could be a scratch, graze or irritation resulting in first 

aid treatment. 

Number of factors 

For a particular hazard there may be a number of factors that contribute to the 

probability and severity of injury, illness or damage. These factors may be from 

a health, safety or welfare perspective or a combination of all. There may be a 

number of different health outcomes (eg. physical, psychological, temporary, 

permanent, long/short term) and routes of entry to the body, which increase 

the risk. 

For example, a chemical may be toxic if spilt and absorbed through the skin 

and may give off fumes which are harmful if inhaled, thereby creating health 

effects. It can also be a safety issue in that it may be highly inflammable and 

have potential to explode or the spillage may cause a slip, trip or fall. 


RAIL 


42 

TRAM AND BUS 

U N 

I O N

The overall level of risk increases when more than one factor is associated with 

a hazard. 

Exposure 

The level of exposure considers such things as how frequently the exposure 

occurs, the duration of exposure and the total number of people exposed. 

Exposure levels can be affected by the work environment, (eg. confined space), 

work processes (eg. use of PPE) and the way in which exposure occurs (eg. the 

route of entry to the body). 

Human differences 

In assessing risk it should be remembered that all individuals are different and 

can have differing reactions to certain hazards. Hazards need to be assessed in 

terms of the employees who are exposed to them, eg. individual skills, experience, 

training and physical capabilities. Some individuals may be sensitised, allergic 

or more susceptible to certain hazards. 

Risk Assessment Models 

There are many techniques for risk assessment, some of them involving 

complicated mathematical models. Most organisations are often faced with 

numerous and complex health, safety and welfare issues, which cannot all be 

dealt with at once. 

Estimates of the likelihood and severity of outcomes are essential to risk 

assessment. However, limited resources may also influence OHS priorities and 

control the range of options available. 

A simple risk assessment model such as that found in the WorkCover Hazpak 

publication helps to determine the likelihood and severity of a hazard and can 

assist in assigning priority to hazards, on the basis of risk. 

The benefit of this reasonably simple model is that it provides an instrument 

for establishing the relative seriousness of a health, safety and welfare problem, 

thus determining its priority in relation to other problems. Problems that score 

a 1 have the highest priority and need to be addressed first. 


SECTION TWO 

RAIL 

TRAM AND BUS 

43 


U N 

I O N

Hazpak Risk Assessment Model 

1. How severely 

could it hurt 

someone 

or 

How ill could it 

make someone? 

(a) Very likely 

could happen 

any time 

2. How likely is it to be that bad? 

(b) Likely 

could happen 

some time 

(c) Unlikely 

could happen 

but rarely 

(d) Very 

Unlikely 

Could happen 

but probably 

never will 

(i) Kill or cause 

1 1 

permanent disability 

or ill health 

2 3 

(ii) Long term illness 

or serious injury 

1 2 3 4 

SECTION TWO 


(iii) Medical 

attention and several 

days off work 

2 3 4 5 

(iv) First aid needed 

3 4 5 6 

The numbers indicate how important it is to do something about the problem 

1. High risk of serious OHS occurrence = top priority = act immediately 

2. Low risk of serious OHS occurrence = low priority = act when feasible 

A judgement is made about the likelihood and severity and an appropriate number allocated. 

This measures the risk exposure on a scale ranging from 1 to 6: 

1 = a hazardous event which is very likely and will probably kill or severely disable, to 

6 = a hazardous event which is very unlikely and will cause a minor injury. 

It is sometimes necessary to undertake more thorough assessment of the risks through 

environmental or health monitoring. OHS professionals such as occupational hygienists are 

often used when detailed or specialised assessment is required. 

Adapting the Hazpak Risk Assessment Model 

The Hazpak model described above is primarily designed and concerned 

with physical incidents and injury. The OHS Act imposes a general duty on 

employers to care for the ‘health, safety and welfare’ of employees and others. 

This duty extends to health related issues as well as to psychological and mental 

well-being. To adequately identify and assess these hazards, the model would 


RAIL 


44 

TRAM AND BUS 

U N 

I O N

need to be translated into a multi-dimensional matrix. To use the example of 

psychological hazards in the workplace, another layer may be added to the 

model to include: 

1. How severely could 

it cause psychological 

harm to someone 

or 

How ill could it make 

someone? 

(a) Very likely 

could happen 

any time 

2. How likely is it to be that bad? 

(b) Likely 

could happen 

some time 

(c) Unlikely 

could happen 

but rarely 

(d) Very 

Unlikely 

Could happen 

but probably 

never will 

(i) Cause permanent 

1 1 

psychological disability 

2 3 

or ill health 

(ii) Long term 

psychological illness or 

serious injury 1 2 3 4 

(iii) Psychological or 

Medical attention and 

several days off work 

2 3 4 5 

(iv) Counselling needed 

3 4 5 6 

The numbers indicate how important it is to do something about the problem 

1. High risk of serious OHS occurrence = top priority = act immediately 

2. Low risk of serious OHS occurrence = low priority = act when feasible 

There are many situations in workplaces where the first model would not 

indicate that a risk existed, because it focuses on physical harm. However, in 

the rail, tram and bus industry there are a range of hazards and risks that can 

adversely affect an employee, without necessary physical harm or injury. 

Examples of some of these hazards or risks are verbal abuse by passengers or 

members of the public, threats of violence, exposure to a range of volatile or 

violent behaviour, such as fights, or drug abuse. Similarly, abuse by co-workers 

or management can have an adverse effect on an employee’s psychological and/ 

or physical health and wellbeing. 

Clause 9(2) of the Regulation specifically identifies workplace violence as a 

hazard that must be identified, assessed and the risks associated with those 

hazards should be eliminated or controlled. 


SECTION TWO 

RAIL 

TRAM AND BUS 

45 


U N 

I O N

Control of Risks 

Control strategies should be developed and implemented after the hazards 

have been identified and risk assessment completed. Once implemented, 

control strategies should be documented. They also need to be properly 

used, monitored, maintained and training should be provided where 

necessary. 

The Regulation (Clause 11) states that an employer must eliminate any 

reasonably foreseeable risk and if this is not practical must control the risks. 

Clause 5 of the Regulation explains the meaning of ‘control of risks’. 

SECTION TWO 


If elimination of the hazard is not possible, then the risk still exists and 

should be minimised by using the most effective method of control as 

specified below and as identified by the risk assessment. 

Clause 5 – Control of Risks 

First 

Second 

Third 

Fourth 

Fifth 

Substituting the system of work or plant with something safer 

Isolating the hazard (eg. introduce a strict work area) 

Minimising the risk by introducing engineering controls (eg. 

guard rails or scaffolding) 

Minimising the risk by adopting administrative controls (eg. 

hazard warning signs, safe work practices, appropriate training) 

Using personal protective equipment (eg. eye and hearing 

protection) 

If no single control is appropriate, a combination of the above controls needs 

to be taken to minimise the risk to the lowest level that is reasonably practical. 

The measures at the fourth and fifth level are less effective and require more 

frequent reviews of the hazards and systems of work. 

There are a range of situations in the rail, tram and bus industry where unsafe 

practice can be replaced or entirely removed. Unfortunately, there is a culture 

in many workplaces that some of these risks are simply ‘part of the job’. This 

assumption should always be challenged as the starting point of a risk assessment. 

The correct assumption should be that all work practices can be conducted 

safely, without harm to employees, the public or damage to equipment. The 

first question should always be ‘how can we remove this hazard and risk from 

the workplace?’ 



46 

RAIL 

TRAM AND BUS 

U N 

I O N

For example, if a train is operating without proper vigilance controls, 

communication systems, appropriately trained staff or other suitable safety 

devices and procedures, they simply should not operate until such devices are 

fitted and are fully functional. Close enough is not good enough when it comes 

to workplace health and safety. It is precisely this approach to managing OHS 

and encouraging a poor safety culture that was at the centre of the findings of 

the Waterfall Inquiry. 

Personal Protective Equipment (PPE) 

PPE is the least preferred method of controlling hazards however in some 

circumstances it is still the only method available to minimise the risk. It should 

be used in conjuction with other control measures, when there is no other 

suitable method of controlling the hazard, as an interim measure during short 

term maintenance or whilst other control measures are being determined and 

implemented. 

There are often disputes and arguments in workplaces about the most appropriate 

protective equipment, the issue of the equipment, and similar considerations. 

These discussions quite often take place in the absence of a thorough assessment 

or review of the current work practices, and can be a distraction from better 

solutions to the OHS issue. 

The use of protective equipment is an admission that hazards and risks exist 

in the workplace and that employees are continually exposed to the risks. The 

use of protective equipment needs to be regularly re-examined in light of new 

practices, new technology, to determine whether measures can be taken to 

remove the need for protection from hazards and risks. 

Risk Management Plan 

A risk management plan sets out the methods required for identifying 

hazards and assessing and controlling the risk of these hazards in the 

workplace. 

The employer is responsible for developing and implementing a risk management 

plan and ensuring that employees and their representatives are involved in all 

stages of the process. The OHS committee and OHS representatives should 

be involved with the development of hazard management plans. 

These plans should include procedures for: 

• hazard identification and reporting 

• risk assessment 


SECTION TWO 

RAIL 

TRAM AND BUS 

47 


U N 

I O N

• risk control 

• accident and incident reporting 

• purchasing 

• emergencies 

• information dissemination 

• instruction, supervision and training in risk management procedures for all 

employees. 

Many organisations have informal procedures in place. A risk management 

plan, developed through consultation with everyone in the workplace, will 

assist in formalising these procedures and delegating responsibility. 

SECTION TWO 


Risk of Needle Stick Injury 

Due to the prevalence of drug use in the community, a range of employees 

in the rail, tram and bus industry (from bus operators, train guards, 

station staff and presentation and cleaning employees) are exposed to 

the risk of needle stick injuries from needles and syringes left on buses, 

trains, stations or other public areas. 

The hazards posed by inappropriately discarded needles and syringes 

include the risk of relatively minor injury of the needle stick to the risk 

of infectious disease (potentially life-threatening). Associated with these 

injuries is the potential psychological harm of contracting infectious 

diseases. 

The risks associated with these hazards are a good example of the need 

for established and clearly defined hazard identification and reporting, 

thorough risk assessment and risk control measures. Most workplaces 

in our industry have established policies and procedures for dealing 

with these types of hazards. These include: 

• Use of appropriate personal protective equipment in handling sharps 

(for example, gloves, tongs, goggles, portable sharps container) 

• Location and specialist handling of disposal containers for sharps 

• Reporting the location of discarded needles or syringes 

• Information and training 

• Instructions on how to collect and dispose of sharps 

• First Aid measures and medical treatment 

• Counselling for affected employees 

All delegates and OHS representatives should be familiar with the policies 

and procedures relating to needlestick injuries in their workplace. 


48 

RAIL 

TRAM AND BUS 

U N 

I O N

Risk Management Procedures Checklist 

The following sample checklist is extracted from the WorkCover NSW 

Workplace Safety Kit, 2001., 

PROCEDURE: 

In developing or reviewing the procedure do the following elements form 

part of the process? 

1. Risk Management Yes/No How? 

Are hazards identified and 

assessed? 

Are all possible control 

strategies considered? 

Are control strategies 

incorporated into the 

procedure? 

2. Training Yes/No For Whom? When? 

Is training provided for 

the procedure? 

3. Improving Yes/No By Whom? When? 

Is the procedure reviewed 

and revised? 

4. Consultation Yes/No How? When? 

Are those who carry out the procedure involved in its: 

• Development 

• Review 


SECTION TWO 

RAIL 

TRAM AND BUS 

49 


U N 

I O N

OHS Risk Management Checklist 


Is there a system in place that is routinely used by all employees to 

report hazards and incidents in your workplace? 

Are hazards reported and dealt with before injury occurs (that is, are 

there regular safety audits conducted in your workplace)? 

Are dangerous occurrences and near misses, compared to injuries, 

reported and acted upon? 

Is the employer meeting all of their (under the OHS Act, Regulations) 

obligations in relation to risk management? 

SECTION TWO 


Is a system in place and routinely used by all employees (eg: regular 

workplace inspections) to identify, assess and control hazards? 

Are employees in the workplace aware of the risk management 

mechanisms, procedures and processes? 

Does your workplace regularly assess and analyse risks and trends in 

relation to OHS hazards and incidents? 

Is there regular communication and consultation, between 

management and employees about hazard identification and risk 

assessment in your workplace? 

Are employee OHS representatives directly involved in risk 

assessments conducted in your workplace? 

Is there training or skills development to improve risk managemnt 

processes in your workplace? 

Are detailed records maintained and analysed in relation to injuries, 

illness and incidents/accidents? 

Does your workplace have clearly defined methods and procedures for 

conducting risk assessments and allocating priority to OHS issues? 

Are the control measures in your workplace (eg: work and job design, 

engineering efforts, protective equipment regularly reviewed? 

Is the risk management system in your workplace routinely monitored, 

reviewed and evaluated? 






50 

RAIL 

TRAM AND BUS 

U N 

I O N

A Guide to 

Roles and 

Powers of Union 

and OHS 



SECTION TWO 

RAIL 

TRAM AND BUS 

51 


U N 

I O N

Roles and Powers of Union and OHS 


As the Union or OHS representative in your workplace, you have an 

important role in identifying hazards, consulting with co-workers, 

other relevant external people and organisations, such as the 

Union head office and WorkCover. As an elected representative, you have a 

responsibility to faithfully convey issues and concerns of your co-workers, to 

monitor OHS issues and developments, and to act to ensure that the workplace 

is a safe and healthy environment, through effective OHS policies, programs 

and management and review processes. 

SECTION TWO 


There is often an artificial distinction made between ‘industrial’ and OHS 

matters in the workplace. The health, safety and welfare of employees is a 

fundamental entitlement of all employment, and as such is an ‘industrial’ issue. 

Indeed, the OHS laws provide a strong and effective means of ensuring and 

enforcing health and safety compliance. 

Every employee has the right and duty not to engage in unsafe work practices, 

not to expose others to risks, and to notify their employer of dangers and 

hazards. Put differently, a train driver or bus has a duty not to operate an 

unsafe train or bus, a guard or station assistant has a duty to prevent risks to coworkers 

and the public, just as any employee has a duty not to continue work 

which is considered unsafe. The simple rule of thumb is that if an employee, a 

union delegate or OHS representative, considers a work practice or situation 

to be unsafe, they are under a legal duty not to allow that work practice to 

continue. The work should not be commenced until a satisfactory solution has 

been implemented to ensure that it is safe. 

The laws provide individual employees, union delegates and officials, and OHS 

representatives, with the power and duty to prevent unsafe work practices. The 

OHS duties and obligations of the employer are so clearly defined, that if the 

employer is in compliance with their legal responsibilities, there should be no 

disputes relating to OHS in the workplace. While the normal disputes processes 

and industrial tribunals are available to resolve health and safety matters, the 

OHS Act and Regulations also provide a range of methods for resolving OHS 

issues in the workplace. 


52 

RAIL 

TRAM AND BUS 

U N 

I O N

The Workplace Representative and the Law 

The OHS laws in New South Wales give broad and significant powers to OHS 

Committee members and OHS Representatives. Generally, these include: 

• Being actively involved in risk assessment processes 

• Their recommendations must be considered by the employer 

• The employer must adequately respond to the issues raised 

• Investigating any health and safety matter in the workplace 

• Receiving appropriate paid training 

• Being elected in accordance with the OHS Regulation 

• Accompanying an inspector on an inspection or report on OHS matters 

• Accompanying an employee of the OHS Representatives workgroup during 

an interview by the employer on an OHS matter 

• Being an observer during a formal in-house investigation of an accident or 

incident 

• Assist in the development of workplace OHS policies and programs 

• Make recommendations on training, committees, in relation to OHS 

matters 

It is important for union delegates and safety representatives to be aware of 

what they are legally entitled to do in carrying out their OHS responsibilities. 

General Scope and Functions 

of Workplace Representatives 

As has been outlined previously, the OHS Act imposes an obligation on 

employers to consult on health and safety matters. This may be by way of OHS 

Committees and OHS Representatives, or by other arrangements that meet the 

legal requirements. OHS Committees and Representatives are to be elected in 

accordance with the Act and Regulations, and can represent the employees in 

the workplace or separate work groups in a workplace. 

That is, an OHS representative may or may not be the workplace union 

delegate. Whether or not an OHS representative is also a union delegate does 

not diminish the powers and responsibilities of either of these roles. The union 

delegate has an overall responsibility to represent the Union and its members 

in the workplace in relation to all matters, including OHS. When there are 

separate OHS representatives and union delegates in the workplace, they 



SECTION TWO 

RAIL 

TRAM AND BUS 

53 


U N 

I O N

should collaborate closely to ensure that employee’s health and safety issues 

and concerns are being addressed. 

Note. Section 17 (3) of the Act provides that a Federal or State industrial 

organisation of employees (that is, a State or Federal Union) may, on request, 

represent employees for the purposes of consultation on occupational health, 

safety and welfare under other agreed arrangements. This is enlarged in Clause 

26 of the OHS Regulation. 

This clause applies to other agreed arrangements for consultation referred to in 

section 17 (3) of the Act, and provides that: 

SECTION TWO 


Other agreed arrangements may comprise arrangements negotiated at 

an industry level. Any such arrangements may be used by a particular 

employer in the industry if the arrangements are agreed to by a majority 

of the employees and, in their application to that employer, comply with 

the requirements for consultation of the Act and this Regulation. 

The Occupational Health and Safety Regulation 2001 (Chapter 3) specifies the 

related obligations of the employer with respect to duty to consult 

An employer has the following obligations in connection with OHS consultation 

arrangements of the employer: 

• to provide members of OHS committees or OHS representatives with 

reasonable access to the employees they represent during working hours for 

the purposes of communication (Clause 27 (1) (c)) 

• to provide reasonable facilities, and access during working hours to the 

workplace, for the purposes of OHS consultation arrangements (including 

for the purposes of conducting or holding elections, meetings and inspections) 

((Clause 27 (1) (d)) 

• to ensure that employer representatives on an OHS committee participate in 

the work of the committee on a regular basis, 

• to ensure that employees participating in consultation (and in training for 

consultation) in accordance with OHS consultation arrangements are paid 

as if they were engaged in the duties of their employment (whether they 

participate as representatives of employees or of the employer), (Clause 27 

(1) (f)) 

• to pay the costs reasonably and necessarily incurred by employees in 

connection with their participation in that consultation or training ( Clause 27 

(1) (g)) 


54 

RAIL 

TRAM AND BUS 

U N 

I O N

30 Additional functions of OHS committees and OHS representatives (section 

18 (d) of the Act) 

(1) An OHS committee and an OHS representative have the following additional 

functions: 

(a) to make a request to accompany an inspector as an observer on an 

inspection under section 69 (b) of the Act that affects the workgroup 

that the committee or representative represents, 

(b) to be an observer during any formal report by an inspector to the 

employer in connection with any occupational health and safety 

matter concerning the workgroup that the committee or representative 

represents, 

(c) to accompany an employee of the workgroup that the committee 

or representative represents, at the request of the employee, during 

any interview by the employer on any occupational health and safety 

issue, 

(d) to be an observer during any formal in-house investigation of an 

accident or other occurrence at the relevant place of work that is 

required to be notified to WorkCover under Division 4 of Part 5 of the 

Act, 

(e) to assist in the development of arrangements for recording workplace 

hazards and accidents to promote improved workplace health and 

safety, 

(f) to make recommendations on the training of members of OHS 

committees and of OHS representatives, 

(g) to make recommendations on the training of employees in 

relation to occupational health and safety. 

Note. Section 18 of the Act provides that an OHS committee or OHS 

representative has the following broad functions: 

(a) to keep under review the measures taken to ensure the health, safety and 

welfare of persons at the place of work, 

(b) to investigate any matter that may be a risk to health and safety at the place 

of work, 

(c) to attempt to resolve the matter but, if unable to do so, to request an 

investigation by an inspector for that purpose, 

(d) the additional functions prescribed above. 


SECTION TWO 

RAIL 

TRAM AND BUS 

55 


U N 

I O N

Important Related Issues 

The OHS Act 2000 is clear about any action taken by an employer attempting 

to obstruct the proper performance by OHS representatives. 

Section 21 of the OHS Act states that an employer is not to charge or impose any 

charge on an employee for anything done in relation to meeting the workplace 

OHS requirements under the Act or the Regulations. 

Employers must not discriminate or take action against an employee or 

safety representative. 

SECTION TWO 


Section 23 of the OHS Act makes it unlawful for an employer to dismiss an 

employee, or in any way do something detrimental to the employee’s employment 

because they make a complaint about a workplace OHS matter, or is a member 

of the OHS committee or and OHS representative, or exercises any of the 

functions and powers of the employee or representative under the Act. 

OHS Committee Training 

OHS committees and OHS Representatives Must Receive Training OHS 

Regulation, Clause 31) 

(1) An employer must ensure that each member of an OHS committee and 

each OHS representative undertakes a course of training in accordance 

with this clause. 

(2) The course of training must be undertaken as soon as practicable after the 

person is first appointed as a member of the committee or first elected as a 

representative (unless the person has previously undertaken an approved 

course of training). 

(3) The course of training must be provided by: 

(a) a trainer who is accredited by WorkCover to provide that course of 

training, or 

(b) a registered provider under the Vocational Education and Training 

Accreditation Act 1990 whose registration extends to providing a 

course of OHS consultation training. 

The OHS Regulation 2001 also provides that the training is paid as normal 

duties, and that any related costs are also paid by the employer. 



56 

RAIL 

TRAM AND BUS 

U N 

I O N

• to ensure that employees participating in consultation (and in training for 

consultation) in accordance with OHS consultation arrangements are paid 

as if they were engaged in the duties of their employment (whether they 

participate as representatives of employees or of the employer), (Clause 27 

(1) (f)) 

• to pay the costs reasonably and necessarily incurred by employees in 

connection with their participation in that consultation or training, 

That is, not only is the participation in the training to be paid as a normal 

part of the representative’s employment duties, but also any related costs (for 

example course fees) and related reasonable expenses (such as travel, meals, 

accommodation) are to be met by the employer. 

Resolving OHS Issues 

Procedure for resolving matters that may be risk to health and safety (OHS 

Regulation 2001, Clause 29) 

(1) This clause applies to the function of an OHS committee or an OHS 

representative under section 18 (c) of the Act to attempt to resolve a matter 

that may be a risk to health and safety at the place of work but, if unable 

to do so, to request an investigation by an inspector to resolve the matter. 

(2) For the purpose of resolving the matter: 

(a) the applicable OHS consultative arrangements are to be used, and 

(b) the matter must be formally referred to the employer, and 

(c) the employer is to consider the matter and respond in a timely manner. 

(3) If the matter is not resolved after the employer has been given a reasonable 

opportunity to consider and respond to the matter, the OHS committee 

or OHS representative may request an investigation of the matter by an 

inspector. 

(4) Such a request by an OHS committee is to be made through the 

chairperson of the committee. The committee may make arrangements 

for the making of such requests by the chairperson without a formal 

meeting of the committee being convened to authorise the making of each 

particular request. 



SECTION TWO 

RAIL 

TRAM AND BUS 

57 


U N 

I O N

(5) This clause does not limit any other power with respect to the 

inspection of places of work or of disputes arising at places of work. 

Entry and inspection powers of authorised employees’ representatives 

(Division 3, OHS Act 2000) 

This section of the Act provides the power of union representatives to enter, 

inspect and gather relevant information from the workplace. 

The Act defines an authorised representative of an industrial organisation of 

employees, means an officer of that organisation (including any person who is 

concerned in, or takes part in, the management of that organisation) who is 

authorised under Part 7 of Chapter 5 of the Industrial Relations Act 1996. 

SECTION TWO 


Powers of entry of places of work 

An authorised representative of an industrial organisation of employees may, for 

the purpose of investigating any suspected breach of the occupational health and 

safety legislation, enter any premises the representative has reason to believe is a 

place of work where members of that organisation (or persons who are eligible 

to be members of that organisation) work. (Section 77, OHS Act) 

Notice of entry 

(1) An authorised representative authorised to enter premises under this 

Division may enter the premises without notice. 

(2) The authorised representative must notify the occupier of the premises 

of the authorised representative’s presence on the premises as soon as 

reasonably practicable after entering the premises, unless: 

(a) to do so would defeat the purpose for which the premises were entered 

or would unreasonably delay the authorized representative in a case of 

urgency, or 

(b) the occupier is already aware that the authorised representative has 

entered the premises or was notified in advance of when the authorised 

officer would enter the premises. (Section 78, OHS Act) 

Authority to enter premises 

(1) A power conferred by this Division to enter premises, or to make an 

inspection or take other action on premises, may not be exercised unless 

the person proposing to exercise the power is in possession of an authority 

issued by the Industrial Registrar under Part 7 of Chapter 5 of the Industrial 



58 

RAIL 

TRAM AND BUS 

U N 

I O N

Relations Act 1996 and produces the authority if required to do so by the 

occupier of the premises. 

(2) Entry may only be made at a reasonable time in the daytime or at any hour 

when work is carried on or is usually carried on at the premises. (Section 

79, OHS Act) 

Section 81: Powers available on entry 

For the purpose of investigating any suspected breach of the occupational health 

and safety legislation, an authorised representative who enters premises under 

this Division may do any of the following: 

(a) make searches and inspections (and take photographs and make 

video and audio recordings), 

(b) require the occupier of those premises to provide the authorised representative 

with such assistance and facilities as is or are reasonably necessary to enable 

the representative to exercise his or her functions under this Division, 

(c) require the production of and inspect any documents in or about those 

premises that directly affect or directly deal with the occupational health 

and safety of employees working at those premises, 

(d) take copies of or extracts from any such documents. (Section 81, OHS 

Act) 

Care to be taken 

In the exercise of a function under this Division, an authorised representative 

must do as little damage as possible. (Section 82, OHS Act) 

Authorised representative may request assistance from inspector 

An inspector may accompany and take all reasonable steps to assist an 

authorised representative in the exercise of the representative’s functions under 

this Division if the representative reasonably believes that he or she may be 

obstructed in the exercise of those functions. (Section 83, OHS Act) 

Offence of failing to comply with requirement of authorised representative 

A person must not, without reasonable excuse, refuse or fail to comply with 

a requirement made by an authorised representative in accordance with this 

Division. (Section 84, OHS Act) 

Offence of impersonating an authorised representative 

A person must not impersonate, or falsely represent that the person is, an 

authorised representative. (Section 85, OHS Act) 


SECTION TWO 

RAIL 

TRAM AND BUS 

59 


U N 

I O N

Essential Information Required by Workplace Reps 

The roles of workplace representatives places many demands on the skills and 

resources required to effectively communicate, discuss, monitor, negotiate and 

resolve a range of issues at the workplace. It is essential to the effective work of 

the committee or representative that s/he is well informed, has access to up-todate 

information and reference materials. Some of the main types of information 

and resources required by the employee representative in the workplace are 

discussed in the following section. 

SECTION TWO 


Workplace representatives should be familiar with the OHS Act and Regulations, 

Codes of Practice, Company Policies, union rules and policies, committee 

constitution and procedures, relevant external agencies and information 

networks so that activities on-the-job are consistent with these. Representatives 

should also be familiar with the basic conditions in any awards or agreements 

which apply at the workplace. This can be achieved by studying the award or 

agreement, keeping up-to-date with any changes or variations, and through 

discussion with union officials. 

You need to be aware of the union and company structures and methods of 

processing enquiries or problems, as well as who are the appropriate personnel 

in the union and company to deal with particular or specific issues. Workplace 

representatives will also need to compile their own basic resources and reference 

materials, and to have contact details of where to obtain a range of other 

information (such as WorkCover, other sources of OHS information, industry 

data such as that kept by the Rail Regulator, social welfare, antidiscrimination, 

regulations and legislation etc.). For current purposes, these will simply be 

summarised to provide an overview of the types of tasks, issues and resources 

need to be considered and organised. 


60 

RAIL 

TRAM AND BUS 

U N 

I O N

OHS Representatives Checklist 


Are there elected OHS representatives in your work area or workplace? 

Is the role and responsibility of the OHS representative clearly defined 

and understood by others in the workplace? 

Have other agreed consultative arrangements been put in place in your 

workplace? 

Do OHS representatives have suitable access to employees during paid 

work time? 

Are there suitable facilities and resources provided in your workplace 

to allow representatives to perform OHS representative roles and 

functions? 

Do management representatives participate in the OHS committee and 

other consultative processes on a regular basis? 

Are OHS representatives for OHS consultation, training and 

representative functions accuring in paid time? 

Do OHS representatives actively participate in OHS planning 

and decision-making (including hazard identification, workplace 

inspections, risk assessment)? 

Are any OHS representatives disadvantaged in their workplace due to 

their OHS roles? 

Have all employees and management OHS representatives received 

OHS consultation training in accordance with the Regulation? 

Are procedures for resolving OHS concerns and disputes clearly 

defined and understood in the workplace? 

Do employee OHS representatives have access to a contact point, 

telephone and fax, storage and filing, OHS records and data, computer, 

noticeboard and related amenities? 

Are resources available for use by OHS representatives (eg: OHS Act 

and Regulation, workplace policies and agreements, OHS publications) 

at a convenient location? 






SECTION TWO 

RAIL 

TRAM AND BUS 

61 


U N 

I O N

SECTION TWO 



62 

RAIL 

TRAM AND BUS 

U N 

I O N

A Guide to 

Safe Work 

Practices 


SECTION TWO 

RAIL 

TRAM AND BUS 

63 


U N 

I O N

Safe Work Practices 

The OHS Regulation 2001 and a range of Standards and Codes of 

Practice provide specific advice in meeting the requirements for the 

identification, assessment and control of risks arising from a range of 

activity in workplaces. The following material provides a general summary and 

trainers should refer to the National Standards and National Codes of Practice 

for more detail on specific activities. 

The National Standard for Manual Handling, for example, (Section 3) provides 

that an employer shall take all workable steps to make sure: 

SECTION TWO 


(a) that the plant, equipment and containers used in the workplace are designed, 

constructed and maintained to be, as far as workable, safe and without risk 

to health and safety when manually handled; 

(b) that the work practices carried out in the workplace involving manual 

handling are designed to be, as far as workable, safe and without risk to 

health and safety; and 

(c) that the working environment is designed to be, as far as workable, 

consistent with safe manual handling activities. 

Some general principles for reducing risks associated with manual handling, 

which should be incorporated into the design of work spaces, plant and 

equipment are: 

• minimise the lifting and lowering forces exerted; 

• avoid the need for bending, twisting and reaching movements; 

• reduce pushing, pulling, carrying and holding. 

Risk Identifi cation, Assessment and Control 

As a general guide the following three key stages (See Figure 1 for summary of 

the three stages) can be used in the process of reducing a range of workplace 

injuries: 

• identification of risk factors in the workplace likely to cause injury; 

• detailed assessment of particular risk factors; and 

• principles and examples of control measures to eliminate or reduce risk. 



64 

RAIL 

TRAM AND BUS 

U N 

I O N

Figure 1: Three Stages to Safe Work Practices 

Risk Identifi cation 

• Analysis of Workplace Injury Records 

• Consultation with Employees 

• Direct Observations 

Risk Assessment 

• Actions and Movements 

• Workplace and Workstation layout 

• Working Posture and Position 

• Duration and Frequency of Activity 

• Location of Loads and Equipment 

• Work Organisation 

• Work Environment 

• Skills and Experience 

• Age 

• Clothing 

• Special Needs 

Risk Control 

• Analysis of Workplace Injury Records 

• Job Redesign Modify Object Modify Workplace Layout Different 

Actions, Movements, Forces Rearrange Materials Flow Modify Task - 

Mechanical Assistance 

• Mechanical Handling Equipment Examples of Mechanical Handling 

Equipment 

• Training Particular training Training in the Principles of Correct 

Procedures 

• Other Administrative Controls Special Needs Clothing 


SECTION TWO 

RAIL 

TRAM AND BUS 

65 


U N 

I O N

Risk Assessment 

An employer is required to ensure that any activity which is likely to be 

a risk to health and safety, is examined and assessed. 

SECTION TWO 


Actions and movements 

Actions and movements should not cause undue discomfort or pain. Actions 

should be performed smoothly and with control, avoiding sudden or jerky 

movements. Manual handling should be performed in a balanced and 

comfortable posture. Extreme ranges of joint movement should be avoided, 

especially when this is prolonged or repetitive. Repetitive bending, twisting and 

overreaching movements are among those liable to increase the risk of manual 

handling injuries. 

Variation from the above and/or answering YES to any of the following 

questions indicates an increased risk: 

• Is the load shared unevenly between both hands, or lifted by one hand 

only? 

• Is the material pushed or pulled across the front of the body? 

• Is there a need to bend over to one side to lift and object or exert a force? 

• Are two actions performed at the same time when one action is holding an 

unsupported fixed position? 

• Are several tasks performed in the one position where some are best done in 

a seated position and the others are best done in a standing position? 

Workplace and Workstation Layout 

The positioning of plant and its controls, equipment, tools and other materials 

in relation to each other and the employee affects the working posture, working 

height, manual handling technique, duration, frequency and other work actions 

and movements. 

The layout should permit the employee to work in: 

• an upright and forward facing posture 

• to have good visibility of the task 

• to perform the majority of tasks at comfortably without unnecessary bending 

or stretching and to have controls and tasks within easy reach 



66 

RAIL 

TRAM AND BUS 

U N 

I O N

Answering No to any of the following questions indicates an increased risk: 

• Is the layout appropriate for the task and the physical dimensions of the 

employee(s) performing the task? 

• Is there adequate space for all movements involved in the manual task? 

• Are appropriate mechanica aids readily available for the task? 

• Are the working heights adjustable or matched to the size of the employees 

and the tasks? 

• Is there adequate clear space for moving legs and feet? 

• Are the different tasks performed by one person arranged so that excessive 

movement is avoided? 

Working Posture and Position 

Work activities should permit the employee to adopt several different, but 

equally healthy and safe, working postures. Any one posture should not be 

maintained for long periods without the opportunity to change posture through 

variation of activity or rest. 

During the performance of tasks, bending and/or twisting of the spine should 

be avoided, especially when this is prolonged or repetitive. 

Answering YES to any of the following questions indicates an increased risk: 

• Is the object presented to the employee in a position which makes it difficult 

to reach or grasp? 

• During manual handling, is there frequent or prolonged: 

above shoulder reach? 

forward bending of the back? 

twisting of the back? 

sideways bending of the back? 

Weights and Forces 

The weight of any load which is handled should be considered in relation to 

other key risk factors including, in particular: 

• frequency and duration 

• position of load relative to the body 

• distance moved 

• characteristics of the load 


• When sliding, pulling or pushing an object, is the object difficult to move? 

• Is the employee required to exert a large force while seated? 

• Is the employee required to push/pull while seated without having good 

seating and solid foot support? 


SECTION TWO 

RAIL 

TRAM AND BUS 

67 


U N 

I O N

Characteristics of Loads and Equipment 

Characteristics of loads and equipment to consider when assessing risk, 

in addition to weights and forces, include dimensions, stability, rigidity, 

predictability, surface texture and temperature, grips and handles. 

Answering YES to any of the following indicates an increased risk: 

• Is the object an awkward shape to carry in a balanced posture? 

• Is the object difficult to grasp or hold? 

• Is the object unstable or unbalanced, or does it have contents that may move 

suddenly? 

• Is the object smooth, slippery, greasy or wet? 

SECTION TWO 


• Does the object have sharp edges or protrusions? 

• Is the object very hot or cold? 

• Does the object block the view of the employee when being handled? 

• Is the object more than 30 cm long (measured in direction away from 

body)? 

Work Organisation 

Work organisation factors that may influence risk by interacting with other 

risk factors include staffing levels, availability of equipment, work schedules, 

shift work, workspace, task variety, rest breaks and recovery time and work 

procedures. 


• Is the work frequency affected by bottlenecks, or sudden changes or delays 

to the flow of materials? 

• Is the work affected by the unavailability of people to complete tasks within 

a deadline? 

• Are there insufficient numbers of employees to carry out the work including 

where peak workloads occur? 

• Is there lack of an effective maintenance program for tools, plant and 

equipment used for workplace activities? 

• Are procedures for reporting and fixing unsafe equipment or environmental 

conditions inadequate? 

• Is the workflow not smooth and even? 

• Is there a lack of effective selection/purchasing, instruction and maintenance 

program for loads, equipment and mechanical handling devices? 

RAIL 


68 

TRAM AND BUS 

U N 

I O N

Work Environment 

Factors in the work environment that influence risk include climate, lighting, 

space, and floors and other surfaces underfoot. 


• Are the floors and surfaces underfoot uneven or slippery? 

• Are there different floor levels in the workplace? 

• Is the workplace untidy with a lack of attention to housekeeping details? 

• Are there extremes of heat, cold, wind or humidity? 

• Are there high levels fumes, dusts, gases or vapours? 

• Is there excessive vibration? 

• Is the task performed in a confined space? 

Risk Control 

The NSW Occupational Health & Safety Act, 2000 and Occupational Health and 

Safety Regulations, 2001 require that risks associated with work performance 

are controlled in consultation with employees required to carry out the tasks. 

Safe Work Practices Checklist: 

General Risk Identifi cation 

Please place a ✔ in the appropriate box for general practices which occur in 

your work area. 

Movements, Posture and Layout During Work 

1. Is there frequent or prolonged bending down where the hands pass below 

mid-thigh height? 

2. Is there frequent or prolonged reaching above the shoulder? 

3. Is there frequent or prolonged bending due to extended reach forward? 

4. Is there frequent or prolonged twisting of the back? 

5. Are awkward postures assumed frequently or over prolonged periods, that 

is, postures that are not forward facing and upright? 


Yes 

No 


SECTION TWO 

RAIL 

TRAM AND BUS 

69 


U N 

I O N

Task and Object 

Yes 

No 

6. Is manual handling performed frequently or for long periods by the 

employee(s)? 

7. Are there long periods of same posture? 

8. Is there repetition of particular tasks? 

9. For pushing, pulling, or other application of forces: are large push/pulling 

forces involved? 

10. Is the task difficult or awkward to handle, for example, due to its size, 

shape, temperature, instability or unpredictability? 

SECTION TWO 


11. Is it difficult or unsafe to carry out the task under normal working 

conditions? 

Work Environment 

12. Is the task performed in a confined space? 

13. Is the lighting inadequate for performing the task? 

14. Is the climate particularly cold or hot? 

15. Are the floor working surfaces cluttered, uneven, slippery or otherwise 

unsafe? 

Individual Factors 

16. Is the employee new to the work or returning from an extended period 

away from work? 

17. Are there age-related factors, disabilities or other special factors that may 

affect task performance? 

18. Does the employee’s clothing or personal protective equipment interfere 

with manual handling performance? 

If any of the questions in the checklist result in a YES answer, further assessment 

of that risk factor is required. Generally the more YES answers that result for a 

particular task, then the higher the priority for risk assessment. 

Yes 

Yes 

No 

No 


70 

RAIL 

TRAM AND BUS 

U N 

I O N

A Guide to 

Conducting 

Workplace 

OHS 

Inspections 


SECTION TWO 

RAIL 

TRAM AND BUS 

71 


U N 

I O N

This Section of the Guide looks at a number of key areas that union 

delegates and OHS representatives will need to monitor as part of their 

role in ensuring that OHS is managed systematically and in compliance 

with legal and other industry standards. Delegates and OHS representatives 

will need to gather details of policies and procedures specific to their workplace. 

This Section simply provides general guidance on some of these key areas. 

Workplace Inspections as Part of the 

Consultative Process 

SECTION TWO 


Workplace inspections conducted by the OHS committee/OHS representative 

can provide significant information to assist management in its duty to provide 

a healthy and safe workplace. 

Under Section 18 of the Act an OHS committee/OHS representative has 

the following functions: 

• to keep under review the measures taken to ensure the health, safety 

and welfare of persons at the place of work 

• to investigate any matter that may be a risk to health and safety at the 

place of work 

• to attempt to resolve the matter but, if unable to do so, to request an 

investigation by an inspector for that purpose’. 

The objective of the OHS committee’s/OHS representative’s involvement in 

workplace inspections is prevention. Regular inspections of the workplace 

encourage consultation and provide information about health and safety 

issues. 

Workplace inspections are planned systematic examinations of the workplace 

for the purpose of identifying hazards, assessing the risks involved and 

controlling those risks in order to comply with the legislation. The need for 

inspections can be diverse and therefore should be organised according to the 

reason for the inspection. These may include: 

(a) routine inspection of the workplace to identify hazards 

(b) specific inspections of particular work areas or procedures 

(c) investigations of accidents/incidents 

(d) investigation of complaints 

(e) follow up inspections after changes to plant, work activities and 

processes. 


RAIL 


72 

TRAM AND BUS 

U N 

I O N

Safety issues can often be identified and solved during the inspection process 

and can prevent an accident or incident occurring. Regular inspections can 

also assist in identifying whether the workplace complies with the current 

legislation. It is important however, to look beyond the identification of 

hazards and consider the cause to establish where the system is failing. 

Generally, employees are more familiar with the work environment, 

equipment and processes, than anyone else in the workplace. Their 

observations and ideas can generate very effective and efficient solutions 

to health and safety issues. Regular consultation between employees and 

management will assist in developing mutual respect and ultimately a 

productive, solution-orientated relationship that will improve health and 

safety performance. 

It is important for employees and management to consult when developing a 

system for workplace inspection. This would include: 

(a) the aim and scope of the inspection 

(b) how the inspection is to be conducted 

(c) the frequency of inspections 

(d) people involved in the inspection 

(e) roles and responsibilities of those people involved 

(f) review of existing programs that require monitoring 

(g) measures to ensure that corrective action has been taken 

(h) documentation of inspection process 

(i) development of relevant checklists or review of existing ones. 

Workplace inspections should occur on a regular basis but the frequency will 

depend on the nature and culture of the workplace eg inspections may be 

more frequent in workplaces that are subject to continual change. Inspections 

to identify specific problems should take place at a time when the problem is 

most evident to ensure that relevant, accurate information is gathered. 

When deciding areas of the work environment that need to be 

inspected the following should be considered: 

• existing and potential hazards 

• awareness of the current regulation, standards and codes of practice that 

apply to areas to be inspected eg noise, manual handling, first aid, plant, 

work environment, hazardous substances etc 

• specific occupations, processes and procedures in the workplace 


SECTION TWO 

RAIL 

TRAM AND BUS 

73 


U N 

I O N

• new processes or arrangements 

• history of past injuries or disease 

• areas where changes have been implemented 

• consultation mechanism to be used 

• results of previous inspections and corrective actions. 

Once the areas that need to be inspected have been identified, checklists or a 

series of questions can be developed and used as an identification tool. Checklists 

and questionnaires provide an effective method of gathering a diverse range of 

information effectively and quickly. These checklists can be tailored for use in a 

specific environment and modified later for use in different circumstances. This 

will ensure that existing and potential problems are addressed. 

SECTION TWO 


Standard checklists have been produced and can be found in various guidance 

material, codes of practice, and related resources. A sample inspection checklist 

has been included here as a model of the type of information that will be 

gathered. 

Conducting Workplace Inspection 

An inspection may involve a walk though the workplace by the entire OHS 

committee or the OHS representative(s). Alternatively the workplace can be 

divided up and inspected by different members of the committee or different 

representatives in consultation with employees who are working with the 

hazards. 

All of the information gathered during the course of the workplace inspection 

will be reflected in the inspection checklist or questionnaire. Careful evaluation 

of this information should indicate the areas of concern in the workplace. All 

information gathered during the inspection needs to be reviewed by the OHS 

committee and/or OHS representative. The analysis of this information, in terms 

of the overall OHS management system (OHSMS), will assist in determining 

where the breakdown in the system has occurred. 

Employees, supervisors and OHS representatives should be encouraged to 

resolve common OHS issues as part of their day-to-day work activities. When 

issues are unable to be resolved at this level, the OHS committee should then 

become involved. The role of the OHS committee should move beyond only 

identifying OHS hazards and suggesting corrective action to include making 

recommendations about how systems of work can be put in place or improved 

to avoid hazards arising in the first place. 



74 

RAIL 

TRAM AND BUS 

U N 

I O N

Preparing and Presenting a Workplace 

Inspection Report 

The objective of the committee’s and/or OHS representatives’ involvement 

in workplace inspections is prevention. Regular systematic inspections of the 

workplace encourage consultation about health and safety issues to occur 

between employees and management. 

The workplace inspection process can be divided into three stages: 

1 Planning for the inspection 

• collecting information 

• notifying management. 

2 Conducting the inspection 

• identifying potential and existing hazards 

• consulting with managers and employees. 

3 Writing the report 

The workplace inspection is not complete until the report is written and provided 

to the OHS committee. This report will provide the committee with valuable 

information concerning the effectiveness of the OHS systems in the workplace 

and also specific information on hazards and OHS issues. 

The Workplace Inspection report should include: 

• the reason for the inspection eg, routine or hazard specific 

• where and when the inspection took place 

• who was involved in the inspection 

• identification and recording of hazards 

• risk assessment results and priority of hazards 

• corrective actions recommended 

• persons responsible for taking action and timeframe 

• follow-up procedures on the effectiveness of corrective actions. 

A copy of the workplace inspection report (and checklist if used) should be 

provided to management. The report must clearly identify high priority OHS 

issues that require management’s immediate attention. 



SECTION TWO 

RAIL 

TRAM AND BUS 

75 


U N 

I O N

It is important to note that the OHS committee is an advisory body only and 

cannot make decisions about OHS issues. That remains the responsibility of 

the employer. An OHS committee assists the employer to make better decisions 

by providing recommendations regarding OHS issues. 

Employer responses to committee recommendations should be recorded in the 

minutes. A reasonable period for responding to recommendations should be 

determined in consultation with the committee. There may be different time 

frames depending on the significance of the hazard. 

SECTION TWO 



76 

RAIL 

TRAM AND BUS 

U N 

I O N

Sample Workplace Inspection Checklist 

This checklist will need to be adopted to meet the detailed requirements and 

specific needs of your workplace. 

Company Name/ Details: 

Work Area 

Date of Inspection: 

Action Required 

Time: Good O.K Urgent Schedule 

Fire 

Extinguishers in place, clearly marked for type 

of fire and recently serviced 

Adequate direction notices for fire exits 

Exit doors easily opened from inside 

Fire wardens appointed 

Exits clear of obstructions 

Fire alarm system functioning correctly 

Fire instructions available and displayed 

Assembly points clearly identified 

Regular fire drills carried out 

Training sessions conducted 

Electrical 

No broken plugs, sockets or switches 

No frayed or damaged leads 

Portable power tools in good condition 

No temporary leads on floor 

All electrical equipment has been taged 

Emergency shut-down procedures in place 

No strained leads 

General Lighting 

Adequate illumination 

Good natural lighting 

No direct or reflected glare 

Light fittings clean and in good condition 

Emergency lighting operable 



SECTION TWO 

RAIL 

TRAM AND BUS 

77 


U N 

I O N

SECTION TWO 



Chemicals On-Site 

MSDS for all chemicals 

Containers clearly labelled 

Do special storage conditions apply? 

First Aid 

Cabinets and contents clean and orderly 

Easy access to cabinets 

Employees aware of location of first aid cabinet 

First aid cabinet clearly labelled 

Eye wash facilities are provided (were 

appropriate) 

Emergency numbers displayed 

Supply of soap and towels 

Adequate stocks 

Floors 

Even surface, no cracks or holes 

Loose boards or drainage grills or vents are 

cleaned regularly 

Oil and grease removed 

Entry across walkways kept clear 

No electrical leads across walkways 

Walkways adequately lit and clearly marked 

Unobstructed vision at intersections 

Office Hazards 

Filing 

Chairs 

Desks 

Glare from windows 

Photocopiers – fumes 

Air conditioning maintained regularly 

Disposal of waste 

Machines 

Kept clean 

Adequately guarded 

Starting and stopping devices within easy reach 

Waste storage / disposal 

Drip pans to prevent spillage 


Good O.K Urgent Schedule 

TRAM AND BUS 


78 

RAIL 

U N 

I O N

Adequate work space around machine 

Noise levels controlled 

Lighting satisfactory 

No bending or stooping required 

Rubbish – Waste 

Bins located at suitable points in plant 

Bins emptied regularly 

Oily rags and combustibles in covered container 

Work benches 

Clear of rubbish 

Tools not in use stored correctly 

No damaged hand-tools 

Work height 

No sharp edges 

Storage 

Materials stored in racks & bins 

Storage designed to minimise lifting 

Floors around racking clear of rubbish 

General conditions of racks & pallets 

Other Items 


Good O.K Urgent Schedule 


SECTION TWO 

RAIL 

TRAM AND BUS 

79 


U N 

I O N

SECTION THREE 

A Summary 

of Workers 

Compensation 

in NSW 


TO CONTENTS


CONTENTS 

What is Workers Compensation? 3 

When are Workers Covered by Compensation? 4 

Employer Responsibilities Under the Law 6 

What an injured worker needs to do if they are injured 9 

SECTION THREE 


Nominated Treating Doctor – Their Role 10 

Steps in making a Claim for Compensation 11 

Compensation Payments 13 

Weekly Benefi ts Table 17 

Total Incapacity 18 

Partial Incapacity 19 

What Are Suitable Duties? 21 

Reasonable Efforts to Return to Work – What the Law Says 23 

Injury Management is a System 24 

Summary of Frequently asked Workers Compensation Questions 30 

Workers Compensation Checklist 33 

BACK TO RONT PAGE 

A Summary of Workers Compensation in NSW 

2 

RAIL 

TRAM AND BUS 

U N 

I O N

A Summary of Workers 

Compensation in NSW 

Major changes were made to NSW workers’ compensation laws, which took 

effect from January 2002. The two main pieces of legislation covering Workers 

Compensation are: 

Workplace Injury Management and Workers Compensation Act 1998. (As 

amended in 2001; new provisions apply from 1st Jan 2002) 

Workers Compensation Act 1987. 

Unions played a key role in ensuring the laws were changed to make the 

system fairer, with workers’ wellbeing the priority. Unions recognise workrelated 

injuries are a major concern for all workers, because of their effects on 

employees’ health and finances. 

Workers compensation laws have a stronger focus on helping injured workers 

recover and return to work as soon as possible. The changed laws include injuries 

that were not previously covered, thanks to unions negotiating successfully 

with the government to have the list of injuries extended. 

What is Workers Compensation? 

Workers Compensation is an insurance scheme taken out by all employers, 

which covers all of their workers (and deemed workers) in the event of a workrelated 

injury, accident or illness. 

The law states all employers must have a current workers compensation policy. 

Unions can inspect these policies and also ensure that employers are paying the 

correct insurance. 

Workers compensation provides injured workers with: 

• Weekly payments when there is loss of income 

• Payment of medical, hospital and other expenses (including travel to and 

from treatment and rehabilitation expenses associated with return to work 

or retraining for another job) 

• Lump sums if the injury causes a permanent loss or impairment and, for 

more significant losses, associated pain and suffering 



SECTION THREE 

RAIL 

TRAM AND BUS 

3 


U N 

I O N

• Damage to clothing and artificial aides (such as spectacles) in accidents. 

Insurers manage claims and are paid a fee by the NSW Government to administer 

the WorkCover Scheme. WorkCover licences all insurers. 

When are workers covered 

by compensation? 

Workers (and deemed workers) are covered for injuries sustained from the 

time a worker leaves for work and until they return. They are covered at the 

workplace or away from their workplace, where injury sustained in the course 

of employment. 

SECTION THREE 


Here are some examples. 

A person is covered: 

• On a journey to and from work (but there are restrictions) 

• Recess and lunch breaks 

• Workers attending a picket line or at a strike meeting 

• Delegates attending seminars 

• Workers going out at lunchtime who are injured are covered in most cases 

• Apprentices and trainees attending TAFE and Colleges. 

It is important to note that work must be a significant contributing factor to 

any injury occurring. 

Delegates and OHS Representatives Role 

It is very important for union delegates and workplace OHS representatives to 

take an active role in workers compensation. 

The workplace representative should assist injured members with their workers 

compensation claim and return to work plans. 

If the delegate or OHS representative is unable to resolve an issue, it should 

be referred to the union organisers. Unions employ expert officers and legal 

advisers to assist members. 

Unions will strongly support delegates in dealing with all compensation 

matters. 

This Summary has been produced to assist you in your role as a delegate. In 

addition, the union has produced more detailed information including fact 

sheets on the law and other issues. 



4 

RAIL 

TRAM AND BUS 

U N 

I O N

There is also the OHS website – www.ohs.labor.net.au – where you can find 

further information about compensation. There is also a facility for Frequently 

Asked Questions and you can also have your questions answered. 

Role of the Employer 

The employer’s role is to provide not only a safe and healthy workplace but 

also an efficient system that optimises the recovery and return to work of 

workers who become injured or ill in the course of their employment. 

Employers have a wide range of legislative responsibilities related to the 

management of workplace injuries. 

Under the law, employers must have a workers compensation policy. 

Under the law the employer must also: 

• Have a return-to-work program that covers all their workers, in case there 

is an injury. The program must be developed through consultation with the 

union. 

• Have a Register of Injuries book, where work related injuries are recorded. 

• Advise the insurance company within 48 hours of becoming aware of a 

significant injury (7 days if not significant) and obtain a notification number 

(as a Rep you should also find out the notification number). 

• Provide a workers compensation claim form and forward claim to insurer 

• Pass payment on to injured worker as soon as possible 

• Provide suitable duties unless they can prove it is not practical 

• Display a summary of the Workers Compensation Legislation, and insurer’s 

information. Employers must display their return to work program, or, if a 

smaller employer, have it available on request. 

Delegates can give initial notification of an injury to the insurer and find out 

the notification number if the employer has not done this. This number will 

probably become the claim number. If there is any problems with the claim the 

injured worker should quote this number so the insurance company can find all 

their paperwork more easily. 


SECTION THREE 

RAIL 

TRAM AND BUS 

5 


U N 

I O N

Employer Responsibilities Under The Law 

1. Workplace Injury Management and Workers Compensation Act 1998 (the 

Act), and 

2. Workers Compensation (Workplace Injury Management) Regulation 1995 

(the Reg.). 

Two Workers Compensation Amendment Bills amended the Act in 2001. The 

majority of the new provisions apply from 1st January 2002. 

The principal injury management responsibilities of employers can be found in 

Chapter 3 of the Workplace Injury Management and Workers Compensation 

Act (WIM Act). 

SECTION THREE 


Early Notifi cation of Workplace Injury 

Employers must notify their insurer within 48 hours of becoming 

aware that a worker has received a workplace injury that seems to be 

significant. 

(WIM Act: Section 44) 

In addition, under OHS legislation, they must notify WorkCover of a 

significant injury by completing the WorkCover Accident Report Form. 

The types of incidents and accidents that must be reported. 

What is a signifi cant injury? 

An injury that causes the worker to be unable to perform his/her normal duties 

for a period of 7 days or more. 

What about other injuries? 

The employer must notify the insurer of other injuries within 7 days of receiving 

a notice of injury. 



6 

RAIL 

TRAM AND BUS 

U N 

I O N

Injury Management Planning 

Employer’s must: 

Participate and cooperate in the establishment of an injury management 

plan for an injured worker, and Comply with the obligations imposed by 

or under the injury management plan. 


What is an injury management plan? 

“… a plan for coordinating and managing those aspects of injury 

management that concern treatment, rehabilitation and retraining of an 

injured worker, for the purpose of achieving a timely, safe and durable 

return to work for the worker”. 

Provision of Suitable Work 

If a worker who has been totally or partially incapacitated is able to 

return to some level of work, the employer must provide suitable work at 

the worker’s request. 


What is suitable work? 

Suitable work is defined by Section 43A of the 1987 Act and should be, where 

practicable, the same or equivalent to the role that the worker was performing 

at the time of injury 

Employers DO NOT have to provide suitable work if: 

1. It is not reasonably practicable to provide it, or 

2. The worker voluntarily left the employment after the injury happened (before 

or after the commencement of his/her incapacity for work), or 

3. The worker’s employment was terminated after the injury happened due to 

reasons other than incapacity for work resulting from the injury. 


SECTION THREE 

RAIL 

TRAM AND BUS 

7 


U N 

I O N

Important note 

An employer who dismisses an injured worker is guilty of an offence if: 

(a) the worker is dismissed because the employee is not fit for employment 

as a result of the injury, and 

(b) the employee is dismissed within 6 months after the employee first 

became unfit for employment. 

Workers Compensation Act 1987 

SECTION THREE 


Other Important Employer Responsibilities 

There are a number of other obligations that must be integrated into an 

employer’s system for managing injuries. 

Employers must: 

1. Have a summary of the Act on display in the workplace (Section 231). 

The poster should include details of the RTW coordinator (Category 1 

employer) and the workers compensation insurer. 

2. Have an accessible Register of Injuries book in each place of work (Sections 

63 and 256). 

Note that the worker or any person on his/her behalf may write details of 

the injury in the Register. 

3. Provide a claim form to an injured worker on request. 

4. Forward a claim for workers compensation, or any other information 

related to a claim, to the insurer within 7 days (Section 69). 

5. Respond to any request for information from the insurer within 7 days 

(Section 69). 

6. Pay workers any monies received for workers compensation, as soon as 

practicable (Section 69). 

Important note 

Employers may be penalised with fines of up to $5 500 for not complying 

with their injury management obligations. 


8 

RAIL 

TRAM AND BUS 

U N 

I O N

What an injured worker needs to do 

if they are injured 

An injured worker must: 

• Advise the union representative. 

• Register any injury whether serious or not, in the Register of Injury Book. 

• Give notice of the injury as soon as possible to the employer, or anyone 

designated by the employer. Notice can be in writing or verbal. It must be 

given before an injured worker resigns voluntarily from the job where they 

were injured. (Notice of gradual hearing loss must be given in writing, but 

can be given after voluntarily resigning from a job). 

• You should ensure that when reporting an injury, full details of how the 

injury occurred and details of what body parts were injured should be given 

to both the supervisor and put on the Register of Injuries. If there were any 

witnesses to the injury, you should provide their names. 

• Enter the details in the employer’s Register of Injuries (as a Union Rep you 

should make sure this happens). 

• See a doctor of their choice if treatment is needed and get a WorkCover 

medical certificate. You should ensure that you give a full and detailed 

explanation to the doctor of how the injury occurred, and what body parts 

you injured. (You are entitled to choose your own doctor.) 

• Comply with the return to work plan. 

• Make a claim by completing and giving to the employer a worker’s 

compensation claim form (if seeking benefits in excess of any authorised by 

the insurer under “provision liability”.) 

• Co-operate with the insurer, in particular, comply with any reasonable 

request to provide specified information in addition to that provided on the 

claim form. 

• Attend (if necessary) medical examination with a medical practitioner 

arranged and paid for by the employer at a reasonable time. 

• Provide updated WorkCover medical certificates. 

If a significant injury (total of partial incapacity for a continuous period of 

more than 7 days, whether or not they are working days): 

• Advise, when asked to do so, your insurer of your Nominated Treating 

Doctor 

• Comply with the insurer’s Injury Management Plan. 



SECTION THREE 

RAIL 

TRAM AND BUS 

9 


U N 

I O N

Once the insurance company has provided the employer with a notification 

number, the employee should get and keep a copy of this number. 

Note: Workers have the right to choose their own doctors, rehab provider and 

other health practitioners. 

Nominated Treating Doctor – Their Role 

If you are off work for more than seven days you will need to advise the 

insurance company of the doctor who will be responsible for overseeing your 

return to work plan. 

SECTION THREE 


Under the law this person must be a registered medical practitioner and in 

most cases this would be your treating doctor. The worker has the right to 

nominate his or her own doctor. The insurance company or employer is not 

able to override this decision. 

The role of the nominated treating doctor is very important as they will be 

responsible for ensuring that you return to work as safely as possible and there 

is not a risk of the injury reoccurring. 

Often a person can return to work on duties which are not suitable and they 

run the risks of a further injury and more serious damage, therefore this has to 

be carefully managed by the doctors and other health experts. 

Your doctor will also liaise with the insurance company and employer over the 

return to work plan to make sure that it is acceptable. 

Your doctor and employer will be responsible for developing, managing and 

signing off on the return to work plan. The return to work plan should be 

developed between you and your doctor in the first instance, however there may 

be occasions when another health profession could be involved – for example, 

a physiotherapist who may have to visit the worksite and make an assessment 

of the duties which are have been offered or alternatively find out what duties 

available and then report back to your doctor. 

The employer may also send a return to work plan to your doctor and your 

doctor will discuss this with you and require any changes that they feel is 

necessary or request the health professional to do a work place visit. 

If there is a dispute over suitable duties or you or your doctor experience a 

problem contact the union. Under the new laws a union can take unresolved 

issues, that is, disputes to the Worker Compensation Commission. 


RAIL 


10 

TRAM AND BUS 

U N 

I O N

Steps for making a claim for compensation 

A person is entitled to claim workers compensation if they have injured 

themselves or contracted an illness (such as asbestosis, hepatitis or dermatitis) 

through work This is regardless of the amount of hours a person is employed 

or the conditions of their employment for example, if the person was a casual 

or the persons age. This is provided that they meet the definition of a worker 

under the Act. 

A person is also covered by workers compensation if they are involved in an 

accident on their way to or home from work. 

A person who has been injured or has contracted an illness, or is suffering from 

a work related injury or disease should: 

• See a medical practitioner and if time off work is needed, request a 

WorkCover NSW medical certificate to be completed. 

Give the certificate to your employer along with any other documents such as 

an account from the doctor or a chemist receipt. Make sure you keep a copy of 

all the documentation. 

Notify the employer as soon as possible about the injury. The employer will 

then notify the insurance company immediately and they will be provided with 

a receipt number. If the employer fails to notify the insurance company contact 

the union. 

Payment should commence within seven calendar days. This is unless the 

insurer has a good reason not to commence payment such as the claim not 

being work related however; the insurer should pay the majority of the claims. 

In the event that the insurer does not pay the claim within the seven days 

contact your union for assistance. 

Ask your employer to provide you with the receipt number and fill out any 

necessary paper work, which may be required by the insurance company. Pass 

this information on to your doctor and other treatment providers. 

The insurer should continue to make weekly payments until your doctor certifies 

that you are able to return to your normal job or suitable duties. The insurer 

will also pay all the medical expenses upon the production of receipts or an 

account. This includes reimbursement for x-rays, chemist and other costs such 

as physiotherapy or chiropractic treatment. 



SECTION THREE 

RAIL 

TRAM AND BUS 

11 


U N 

I O N

What the insurance company must do 

Unions worked hard to ensure the laws were changed so that workers could get 

compensation claims paid fast under Provisional Liability. 

Insurance companies must now begin paying claims for weekly compensation 

within seven days after receiving an initial notification of injury (unless there 

is a “reasonable excuse”) – if an insurer fails to pay within 7 days, they can be 

fined $5,000. 

The seven days commences from the time the notification number is issued and 

not when the claim form is received. The notification number is issued over the 

telephone. 

SECTION THREE 


Under Provisional Liability: 

• Weekly compensation payments can be made for up to 12 weeks 

• S60 medical expenses can be approved up to $5,000 

• The length of time will depend on the type of injury and how long the person 

is likely to be off work 

• The payments do not mean acceptance of liability for the claim. 

If the insurer pays provisional liability benefits and later rejects it, they cannot 

claim the money back, unless fraud is involved. 

Advising workers of their rights 

Under the new rules, insurance companies must: 

• Tell injured workers within seven days after the initial notification whether 

they will start weekly compensation payments, or if not, the reason why 

• Ensure the weekly compensation payments have begun on time 

• Tell employees they have the right to lodge a claim form and how to get help 

from their union, WorkCover or solicitor 

• Where employees are paid benefits directly by the insurer, the insurer must 

pay benefits promptly. 


12 

RAIL 

TRAM AND BUS 

U N 

I O N

Compensation Payments 

Provisional Payments 

Provisional payments are a new payment mechanism introduced on 1st January 

2002. It only applies to new claims made on or after that date. 

Provisional payments consist of two main components: 

• A special provision for the early commencement of weekly payments prior 

to the acceptance of liability for a claim. Payments are to commence within 

7 days of receiving an Initial Notification of injury. They can be made for a 

period of up to 12 weeks. 

• A special provision for the acceptance and payment of medical expenses for 

an amount of up to $5000. 

The making of provisional payments does NOT constitute an admission 

of liability by the insurer or employer. It is independent of the process of 

determining liability for a claim. 

Purpose of Provisional payments 

To understand the purpose of provisional payments, its important to look at 

some of the concepts that underpin the change, including workplace injury 

management. 

Aims of the Scheme 

The principal aims of NSW workers compensation legislation are: 

1. Prompt and effective treatment and return to work of injured workers 

2. Income support for injured workers and their families 

3. Fair and affordable premiums for employers with incentives for improved 

performance 

4. Efficient and cost-effective service delivery 

The factors that have previously hindered injury management in NSW included 

the unacceptably high levels of disputes and associated legal activity/costs. 

Therefore, the development of new streamlined claims procedures, including 

the making of early payments on a provisional basis, has been a critical area of 

reform. It has been designed to improve outcomes for workers and employers 

and prevent disputes. 



SECTION THREE 

RAIL 

TRAM AND BUS 

13 


U N 

I O N

The purpose of making provisional payments is to: 

• Provide early income support for workers and their families 

• Reduce the socio-economic impact of workplace injury and illness 

• Expedite access to necessary treatment and, therefore, enhance treatment 

outcomes 

• Inspire communication and trust, and prevent disputes from arising Control 

the risk of long-term work loss and disability 

New Procedures 

SECTION THREE 


In this section we will focus on three principal components of the new claims 

procedures contained in the Act: 

• Special provisions for commencement of weekly payments 

• Claims for weekly payments 

• Claims for medical expenses 

Provisional Weekly Payments 

The new claims procedures require the insurance company to: 

• Commence provisional weekly payments within 7 days after an initial 

notification of injury is received (unless there is a reasonable excuse). 

Section 267 (1). 

• Pay provisional weekly payments for a period of up to 12 weeks, 

“having regard to the nature of the injury and the period of incapacity”. 


An insurer who fails to commence provisional weekly payments is guilty of 

an offence. The maximum penalty is 50 penalty units. One unit = $110.00. 


Claims for Weekly Payments 

If a claim for weekly payments is the initial notification of injury, insurers are 

required to: 

• Commence provisional weekly payments within 7 days of receiving the 

claim. Section 275 (1). This may extend the period they have to determine 

the claim. Section 275 (2). 


14 

RAIL 

TRAM AND BUS 

U N 

I O N

Otherwise, when a claim for weekly payments is made, the insurer is required 

to: 

• Make a decision, and commence weekly payments if liability is accepted, 

within 21 days of receiving the claim. Section 274 (1). 

However, if provisional weekly payments have already commenced, the time 

frame in which the claim must be determined may be extended to: 

• the end of the period approved for provisional payments. Section 274 (3). 

If the period of provisional weekly payments expires within 21 days from the 

lodgement of the claim: 

• the insurer may continue to make provisional weekly payments having 

regard to the nature of the injury and the period of incapacity. 

Claims for Medical Expenses 

Insurer are also required to: 

• Consider accepting liability for medical expenses on a provisional basis 

(including medical, hospital and rehabilitation expenses) for an amount of 

up to $5000. Section 280 (1). 

• Make a decision on a claim for medical expenses within 21 days of receiving 

the claim. 

Special Conditions 

1. Provisional weekly payments must commence within 7 days UNLESS 

the insurer has a “reasonable excuse” for not commencing them. 


Reasonable excuses will be explored in the next session. 

2. The approval of provisional weekly payments and/or medical expenses does 

not constitute an admission of liability by the insurer or employer. Section 

267 (4), 274 (5) and 280 (2). 

3. If a claim is made on a date after the initial notification, the maximum 

possible period of provisional weekly payments expires 12 weeks after the 

date of initial incapacity. Section 274 (4). 


SECTION THREE 

RAIL 

TRAM AND BUS 

15 


U N 

I O N

Payments to Injured Workers 

NSW workers compensation legislation sets out what benefits are available 

for an injured worker. Benefits depend on whether the incapacity is total or 

partial, and how long someone has been away from their normal duties. 

Statutory benefit levels are adjusted every six months to reflect movements 

in the ABS Wage Cost Index (WCI) for ordinary time hourly rates of pay 

excluding benefits. 

SECTION THREE 


The source for the information about benefit rates in this Guide is the 

WorkCover Benefits Guide. This Guide is on the WorkCover website under 

the main heading of Workers Compensation Insurance. The Guide is updated 

on a six-monthly basis. 


16 

RAIL 

TRAM AND BUS 

U N 

I O N

Weekly Benefi ts Under the Workers Compensation Act 

Employee Injured 

Total Incapacity 1 Partial Incapacity 2 

First 26 weeks 

Section 36 – A worker is entitled to receive 

their current weekly wage rate (CWWR) that 

they receive under their award or enterprise 

agreement. You are only entitled to the base 

amount, this does NOT include amounts for 

overtime or allowances. 

You can not receive any more than $1,535.90 

per week as at 1 April 2007. (This amount is 

adjusted every six months) 

After 26 weeks 

An injured worker is now only entitled to the 

statutory rate which is: (at the 1 April 2007 

– and subject to change yearly) 

• $361.30 per week plus: 

• $85.20 for a dependent spouse and 

• $68.00 per week for on dependent child 

(up to $354.60 for 4 dependent children 

and $102.30 for each child over 4) 

• Although you can not earn more than your 

CWWR – see box above. 

This payment will be paid until the injured 

worker reaches retirement age (Maximum of 

65) or is fit to return to pre-injury duties. 

1 

Means you are unable to perform any duties at all. 

2 

Means you are fit for suitable duties. 

Suitable Duties Available 

Section 40 -Make-up pay is available to the injured 

employee. This payment is to cover any difference 

between: the weekly amount the worker would 

probably be earning, but for the injury and the 

average weekly amount which the worker is earning 

or would be able to earn in some suitable employment 

from time to time after the injury. 


An injured worker is only entitled to your current 

earnings plus make – up pay to a maximum of the 

statutory rate which is $361.30 per week. (This is at 

1 April 2007). The maximum that you can receive 

is your average weekly earnings – set out above. 

This payment will be paid until the injured worker 

reaches retirement age (Maximum of 65) or is fit to 

return to pre-injury duties. 

No Suitable Duties Available 

This is known as a Section 38 benefit, where you 

are entitled to receive your current weekly wage rate 

(CWWR) that you would have received under your 

award or enterprise agreement. This is a base rate 

and does not include any amounts for overtime or 

allowances. 


An injured worker is now entitled to receive 80% of 

your current weekly wage rate (CWWR) – set out 

above. 

After a further 26 weeks, the injured worker is 

now only entitled to the CWWR until they reach 

retirement age (maximum of 65) or is fit to return to 

pre injury duties. 

12-Month Review 

Section 40 – If you are not at work after 12 months i.e. Unemployed or you have been terminated, your benefit 

will be reassessed. The insurer will make a determination on what job you could get and only pay the difference 

between the pre-injury wage and the job they have assessed you as capable of doing. E.g. A storemen earning 

$600 per week is injured and after 12 months is assessed by the insurance company as capable of doing a 

machine operators job, but this job only pays $500 per week. The insurer will only pay the difference (in this 

example -$100 per week) until the injured worker’s retirement age or until they are fit for their pre-injury job. 

2 Year Review 

If you have received 104 weeks of Partial incapacity benefits and are not seeking suitable employment, have 

unreasonably rejected suitable employment or have not been able to find suitable employment because of the 

state of the labor market, your compensation payments may be discontinued by the insurance company. 


RAIL 

TRAM AND BUS 

17 


U N 

I O N

Total incapacity 

First 26 weeks of total incapacity 

During the first 26 weeks of total incapacity (in general medically certified 

as being unable to perform any duties at all) a worker is entitled to receive 

their “current weekly wage rate” (cwwr). 

A worker under an industrial award or registered industrial agreement/ 

consent award is paid the base amount shown in such an award not including 

any amounts for overtime, allowances or penalties. 

There is a cap on the cwwr of $1,535.90 as at 1 April 2007. 

SECTION THREE 


• Sec. 42(3) of the Workers Compensation Act 1987 (WCA) states that where a 

worker is not covered by an award but “there is such an award under which 

the worker would be entitled to be remunerated if the worker performed 

that work under a contract of service”, the worker shall be deemed to come 

under that award. 

• A worker who is not covered by an award or who is not captured by Sec. 

42(3) above is paid 80% of their “average weekly earnings” (awe). This 

figure becomes the worker’s cwwr. AWE are calculated by averaging out the 

worker’s earnings for the previous 12 months, or, if this is not appropriate, 

using other mechanisms such as “comparable worker” earnings. 

The same principles generally apply to casuals although the legislation does 

not make this clear. However if a casual works under an award which does not 

show a rate other than a weekly one, the cwwr is 80% of awe. 

• If a worker has 2 or more jobs a formula is applied to reduce the number of 

hours for which compensation is payable to 40. 

Note: a worker with 2 or more jobs cannot be penalised by this 40 hour 

provision if the cwwr resulting is less than than that which would’ve applied 

if the worker’s cwwr had been solely based on wages earned at the employer 

with whom the injury occurred. 

Workers are entitled to receive 26 weeks at the cwwr for total incapacity even 

if this is made up of separate periods ranging over a period longer than 26 

calendar weeks from the date of injury and even if periods of partial incapacity 

intervene. 



18 

RAIL 

TRAM AND BUS 

U N 

I O N

After 26 weeks of total incapacity 

After 26 weeks at the cwwr the majority of workers who are still totally 

incapacitated receive the appropriate statutory rate. 

As at 1 April 2007 the statutory rate is: 

o $361.30 pw plus 

o $95.20 for a dependent spouse and 

o $68.00 p.w. for one dependent child (up to $354.60 for four dependent 

children and $102.30 for each child over that). 

The worker cannot however receive more than their cwwr. 

Partial incapacity 

When a worker becomes partially incapacitated (fit for suitable duties) 

the benefit available depends on whether suitable duties are made 

available. 

Suitable Duties Available 

If suitable duties are offered and the worker returns to work, Sec 40 makeup 

pay is available. This is a payment to cover any difference between: 

• “the weekly amount which the worker would probably have been earning as a 

worker but for the injury” 


• “the average weekly amount which the worker is earning, or would be able 

to earn in some suitable employment, from time to time after the injury”. 

The Workers Compensation Act 1987 (WCA) states that this make-up benefit 

• “is not to exceed the weekly payment that would be payable to the worker 

if it were a period of total incapacity for work”. 

This means the injured worker receives earnings + make-up pay to AWE 

within the first 26 weeks of incapacity. After the first 26 weeks the injured 

worker receives earnings + make-up pay at statutory rate with the maximum 

payable being AWE. 



SECTION THREE 

RAIL 

TRAM AND BUS 

19 


U N 

I O N

No Suitable Duties 

If no suitable duties are available then Sec 38 benefits apply. 

Sec 38 is a section which has been amended a number of times since its 

introduction in 1987. Sec. 38 benefits are available for up to 52 weeks 

(amended from 104 weeks in 1998). 

• For any period these benefits are to be paid which falls within the first 26 

weeks of incapacity (which usually includes period/s of total incapacity) the 

rate is the cwwr. 

• After the 26 weeks of incapacity point, the worker receives 80% of the cwwr 

for the remainder of the 52 week period. 

SECTION THREE 


To be entitled to Sec 38 benefits the worker would often be required by the 

insurer to actively search for employment even if the pre-injury employer 

has indicated that they will keep the worker on. Workers who are unable to 

return to their pre-injury employer are entitled to receive these benefits whilst 

undergoing rehabilitation/retraining as well as when they are job seeking. 

PARTIAL 

TOTAL 

On Suitable Duties 

(S40) 

No Suitable Duties 

Available (S38) – up 

to 52 weeks 

CWWR (S36) Note: Earnings + make-up CWWR 

the 26 weeks of total pay to AWE 

First 26 

weeks 

incapacity is cumulative 

– periods of partial 

incapacity or no 

incapacity do not apply 

Statutory Payts (S37) Earnings + make-up 80% CWWR 

After 26 

weeks 

of statutory rate – the 

max payable is AWE 


20 

RAIL 

TRAM AND BUS 

U N 

I O N

What Are Suitable Duties? 

Unions believe a key part of any fair workers compensation system is the legal 

requirement of employers to offer an injured employee suitable duties --an 

injury does not mean an employer has the right to sack the worker because 

of that injury the Industrial Relations Act makes it an offence to sack workers 

because of an injury within 6 months of an injury occurring. 

That’s why Unions lobbied the government to include disputes over suitable duties 

to be covered by the powers of the Workers Compensation commission. 

In such disputes, the Commission will be able to: 

• attempt to conciliate 

• direct that an injury management or other qualified person (paid by the 

employer) carry out a workplace assessment 

• refer it to WorkCover 

• make a recommendation 

Under the law the employer is required to provide suitable duties. OHS 

Representatives/union delegates should develop a list of suitable duties for their 

workgroup. An example has been provided in your Delegate’s Kit. 

An application can be made to the Industrial Relations Commission of NSW 

for reinstatement by an injured worker who has been sacked within 2 years 

of the termination of employment. A worker can be reinstated to the same or 

different type of work. 

Workers back at work on suitable duties 

• The worker’s treating doctor must sign off on return to work plan. 

• If workers require treatment i.e. physiotherapy, etc., this should be included 

in the return to work plan. The worker should be given adequate time to 

attend treatment. 

Supervisors “must not” require workers to go outside of the requirements of 

the return to work plan. 

The worker must stick to the return to work plan. 

NB Workers are entitled to make-up pay while they are back on suitable 

duties. The make-up pay has to take into account penalty rates and 

overtime. 



SECTION THREE 

RAIL 

TRAM AND BUS 

21 


U N 

I O N

Case Study 

Ahmed is a Workshop Maintenance employee. His Award Wage is $600 per 

week, but normal weekly earnings with shift allowance are $800 per week. 

If off work -partial or total 

If back at work on suitable duties 

SECTION THREE 


Up to 6 

months 

6 months 

and after 

• A worker is paid their award rate 

or EBA wage rate. Whichever is 

applicable at their place of work, 

therefore they do not receive 

• penalty rates 

• shift allowance or 

• overtime. 

For example: 

• Ahmed is only entitled to $600 

while he is off work. 

• The wage rate drops to a statutory 

rate set by the Government 

• This changes every 6 months 

• Refer to your union for the current 

benefit guide 

• A worker may be entitled to an 

additional benefit if they are seeking 

suitable employment 

• Benefits will be reviewed at 12 

months and 2 years. The union will 

advise on these reviews 

• A worker is paid their normal weekly 

wage 

• The employer pays the hours 

worked. 

• The insurer makes up the difference 

which includes overtime and penalty 

rates. 

For example: 

• Ahmed’s normal weekly earnings is 

$800. 

• Employer pays $400 

• Insurer makes up the difference up to 

his normal pay 

• Insurer pays $400 per week. 

• A worker back at work cannot 

receive more than the statutory rate 

in make up pay. The employers pay 

for hours worked 

• Insurer makes up difference. This is 

capped. 

For example: 

• Ahmed was earning $400 per week 

in make-up pay 

• This could be reduced to the applicable 

statutory rate i.e. $361.30. 

TRAM AND BUS 


22 

RAIL 

U N 

I O N

Reasonable Efforts to Return to Work – 

What the Law Says 

The Workplace Injury Management & Workers Compensation Act 1998 

(WIMWCA) states that 

“an injured worker must make all reasonable efforts to return to work 

with his or her pre-injury employer”. 

It then goes on to state that 

“If a worker fails unreasonably to comply with a requirement of this 

Chapter after being requested to do so by the insurer, the worker has no 

entitlement to weekly payments of compensation during any period that 

the failure continues”. 

Insurers advise an injured worker, in writing, that they intend to stop 

benefits. In this notice they must advise the worker what they must do in 

order to have payments reinstated. 

It should be noted that the legislations says “The resumption of weekly 

benefits does not entitle the worker to weekly payments for the period in 

respect of which the worker had no entitlement to weekly payments”. 

Discontinuing weekly payments for Partial Incapacity 

The last legislative section of note regarding weekly benefits is Sec 52A WCA 

titled “Discontinuation of weekly payments for partial incapacity after 2 

years”. This section was introduced in 1995 and amended in 1998. 

This section applies to workers who have: 

• already received at least 104 weeks of partial incapacity benefits (i.e. Sec 38 

and/or Sec 40) 


• who are not seeking suitable employment OR 

• have unreasonably rejected suitable employment OR 

• have not been able to find suitable employment “primarily because of the state of 

the labour market” (rather than because of the effects of the worker’s injury). 

A notice of discontinuation of payment must be sent to the worker. 

The section states “A worker is not entitled to a resumption of payment 

of weekly compensation for partial incapacity for work once payment is 

discontinued because of this section”. 



SECTION THREE 

RAIL 

TRAM AND BUS 

23 


U N 

I O N

Injury Management is a System 

Injury management comprises the interrelationship of four primary 

components: 

1. Employment management practices including: 

• RTW program development and implementation 

• Early injury reporting mechanisms 

• Suitable employment options 

2. Treatment including medical and medical investigation services 

3. Claims management, and 

SECTION THREE 


4. Occupational rehabilitation including accredited provider services. The 

injury management system aims to reduce the incidence of long-term work 

loss and work disability. 

Injury Management 

Rehabilitation 

Claims Management 

Injury 

Management 

Employment 

Management 


Treatment 


24 

RAIL 

TRAM AND BUS 

U N 

I O N

What is a return to Work Plan? 

A return to work plan provides the details of how you can return to work. It is 

similar to a program that an injured footballer would follow in relation to the 

getting back into a game – for example, they may only be allowed to play part 

of the game and possibly in a different position. This is known as gradual return 

and conditioning without exacerbating the injury. Most sports professionals 

including tennis, cricket & soccer players play sport full time, this is their job 

and because it is critical for them to get back to work, the management of 

sports related injuries is excellent and the model which should be followed. 

Their model is based on early intervention and a proper injury management 

plan which includes treatment. It is put together by a team of specialists, that 

is, a doctor, physiotherapists etc, and it commences within hours after an 

injury occurs and the majority of sports professionals or clubs employ a team 

of health professionals. 

The same approach should be used for work related injuries a person with their 

treating doctor (who has access to these health professional i.e. physiotherapist 

etc) should be able to put together a treatment and return to work plan 

immediately following the injury. However some injuries are very serious 

particularly those requiring hospitalisation and this person may take a while to 

recover and be certified fit for suitable duties. 

Returning to work on suitable duties is the same. A person who is injured 

may not be able to return to work full time and may need a programme of 

gradual return, that is, work conditioning This could be for a few hours a 

day with a gradual increase every week until they resume normal duties. Or 

alternatively the person may return to a different position as outlined in the 

examples below: 

• An ambulance officer with a back injury may not be able to return to 

emergency response work, however may return to office duties or telephone 

response. 

• A kitchen hand who has severely lacerated fingers would not be able to 

return to food handling or preparation however may return to work in a 

temporary position of ordering supplies etc 

• A police officer with a knee injury i.e. cartilage may not be able to return to 

response duties and may have to work in intelligence or on full station and 

report writing duties 


SECTION THREE 

RAIL 

TRAM AND BUS 

25 


U N 

I O N

• A plant operator with a broken arm may be provided with a job as a 

supervisor. 

• A childcare worker with a back injury may have restrictions on lifting or 

carrying children and may either have to return to work on a gradual plan 

or work with another colleague. 

The plan should provide the details of the hours an injured person can return 

to work for as well as how many days. Every injury is different for example 

a broken arm is different to a strained shoulder and the recovery of certain 

injuries will longer than others. Therefore every return to work plan will vary. 

SECTION THREE 


The return to work plan should also clearly state any restrictions for example 

if a person is not able to operate heavy equipment or machinery, or they have 

restrictions on lifting over a certain weight. If you experience a problem with 

a return to work plan contact the union. 


26 

RAIL 

TRAM AND BUS 

U N 

I O N

Sample Return to Work Plan 

The following return to work (RTW) plan has been developed for: 

1. Name ___________________________________________________________ 

2. Job Title ________________________________________________________ 

3. Work Location ___________________________________________________ 

4. Supervisor _______________________________________________________ 

5. Duties Considerations/ Restrictions 

( ) _____________________________ ( ) _____________________________ 

( ) _____________________________ ( ) _____________________________ 

( ) _____________________________ ( ) _____________________________ 

( ) _____________________________ ( ) _____________________________ 

( ) _____________________________ ( ) _____________________________ 

Specific Duties to be Avoided 

___________________________________________________________________ 

___________________________________________________________________ 

___________________________________________________________________ 

6. Hours/ Days of work _____________________________________________ 

___________________________________________________________________ 

___________________________________________________________________ 

7. Treatment arrangements (dates, times, treatment, service) 

___________________________________________________________________ 

___________________________________________________________________ 

___________________________________________________________________ 

8. Commencement Date Return-to-Work _______________________________ 

9. Length of Return-to-Work Plan _____________________________________ 

10. Review Dates Return-to-Work Plan 

11. General Comments ______________________________________________ 

___________________________________________________________________ 

___________________________________________________________________ 

12. The following parties have agreed to the above plan for suitable duties 

__________________________________________ Injured worker 

__________________________________________ Supervisor 

__________________________________________ Return to work coordinator 

__________________________________________ Nominated treating doctor 

__________________________________________ Union representative 

__________________________________________ Date 


SECTION THREE 

RAIL 

TRAM AND BUS 

27 


U N 

I O N

Injury Management Flow Chart 

1. Report the injury to your employer as soon as possible 

2. Complete the Workplace Injury Register 

SECTION THREE 


3. Nominate a treating doctor. 

You have the right to choose your own Doctor. 

Return the WorkCover Medical Certificate to your employer. 

4. The employer makes an initial notification of your injury to the insurer. 

5. The insurer contacts you, the employer and your doctor within 3 days of 

receiving the initial notification to: 

• determine your treatment and workplace rehabilitation needs, 

• approve payments for necessary treatment and workplace 

rehabilitation, 

• commence development of an Injury Management Plan, and 

• determine your eligibility for provisional weekly payments. 

6. The insurer will ask you to provide your: 

• WorkCover medical certificate, and 

• a signed information authority (consent form). 

The insurer may also ask you to lodge a claim 


28 

RAIL 

TRAM AND BUS 

U N 

I O N

7. Provisional weekly payments should commence within 7 days of the 

initial notification (unless there is a reasonable excuse). 

The insurer will notify you in writing and, often, by phone about 

any payments it has approved, and the reasons for any payments not 

approved. 

8. Your employer should consult with you, your doctor, the union, the 

insurer and other treating health professionals to: 

• establish a common return-to-work goal, 

• identify, negotiate and offer suitable duties, 

• design a Return-to-Work plan which outlines the duties to be 

performed, 

• monitor your progress and upgrade your RTW plan until you have 

achieved your goal. 

If a worker has reason to dispute an insurer’s decision on any matter, he/she 

may contact the union. 

Or contact the WorkCover Assistance Service on 13 10 50. 

If the worker is not eligible to receive provisional weekly payments AND 

the worker makes a claim for weekly payments, he/she may be able to use 

sick and annual leave entitlements whilst the insurer assesses the claim. In 

this case, the insurer has 21 days in which to make a decision on the claim. 


SECTION THREE 

RAIL 

TRAM AND BUS 

29 


U N 

I O N

Summary of Frequently asked Workers 

Compensation Questions 

Medical or related treatment benefi ts 

An injured worker is entitled to claim the cost of reasonably necessary treatment 

that results from the injury including medication and treatment including physio 

and surgery. 

SECTION THREE 


Unions have also been successful in getting the government to include payments 

for seriously injured workers to get access to domestic care when it is reasonably 

necessary and directly results from the injury. It can include work such as 

mowing lawns, house cleaning and child minding. 

Where an accident results in damaged glasses or hearing aids etc. – these aids 

can be repaired or replaced without the need for an injury to have occurred. 

How to make a claim if you suffer a permanent injury 

In addition to claiming for the loss of your income and also medical, hospital 

and treatment expenses such as physiotherapy expenses, you may also be able to 

make a claim if you have suffered a permanent injury, for example, if you have 

an operation on your knee and you do not recover the full range of movement 

then you may be entitled to make a claim for what is known as a permanent 

impairment. 

How do I know if I am eligible to make a claim? 

If you have suffered an injury and the permanent impairment can be determined 

quickly, such as loss of sight in one eye, or hearing loss or had a part of a 

limb amputated then you are entitled to make application for a lump sum 

immediately. 

If you have a severe back or knee injury then these types of injury can take up 

to 12 months to be determined. 

This is on the basis that certain injuries taken this amount of time to stabilise 

or settle down. 



30 

RAIL 

TRAM AND BUS 

U N 

I O N

Are there any additional benefi ts? 

Yes, if a person has sustained a very severe injury and they are awarded over a 

10% whole of body permanent impairment they would be entitled to claim an 

additional lump sum benefit under a pain and suffering provision. 

This benefit is up to a maximum of $50,000. 

The claimant would be eligible to receive a portion of this lump sum benefit. 

Who decides or determines a claim? 

The first step is to determine if you have a permanent injury. The union provides 

this assistance to their members. 

The union has officers and specialist compensation lawyers who will file all the 

necessary documents with the insurance company on your behalf. 

The union or their solicitor will arrange for you to seen an eminent doctor who 

is a specialist in the injury you have sustained – for example, if you have a hand 

injury then you would be referred to one of the top specialists. 

Often the union may require for you to see more than one specialist to ensure 

that you can claim your full entitlements. 

These doctors will determine your level of what the permanent impairment is 

and prepare a report. 

The union solicitor then files this report, along with all the necessary documents 

with the insurance company. 

The insurance company will also request for you to be assessed by one of 

their doctors who may disagree with what you have claimed and the union 

solicitor will try to negotiate a settlement or take the matter to the Workers 

Compensation Commission to have it determined. 

The union will also advise you on whether you are entitled to the additional 

lump sum pain and suffering benefit. 


SECTION THREE 

RAIL 

TRAM AND BUS 

31 


U N 

I O N

What does it cost? 

If you are a member of a union, absolutely nothing. 

This is one of the specialist services provided by the union to their members. 

Can I be sacked while I’m on compensation? 

It’s important for delegates and workers to know: 

SECTION THREE 


• A worker cannot be dismissed within six months of becoming unfit for 

employment under NSW laws because they are not fit for work due to 

injury 

• If a worker is dismissed because of the injury and they later become fit for 

their pre injury job -the union can apply for them to be reinstated -that means 

providing a medical certificate confirming they are fit for their employment. 

The union has up to 2 years to make this application 

• The union will often advise the employer of their intention to make this 

application at the time the worker is terminated. 

Refer to your union for advice. 

New options for disputes 

Changes to the Workers Compensation laws have affected how disputes are 

handled. The Workers Compensation Commission was created in January, 

2002, and hear all disputed matters that were not before the Compensation 

Court before 1 April 2002. That includes: 

• Return to work disputes (including disputes about suitable duties) 

• Medical disputes – including permanent impairment 

• Other disputes 

Having return to work disputes included, as matter for the Commission is 

especially important – The unions got the government to agree to include a 

dispute resolution arm in the new Commission. 

This is first of its kind and unions can now argue the case where an employer 

fails to provide suitable duties for an injured worker. Employers constantly 

argue that they do not have suitable duties. It is important for you as a 

delegate to assist in this process to prove to the Commission the employer 

can provide suitable duties. 


32 

RAIL 

TRAM AND BUS 

U N 

I O N

Workers Compensation Checklist 


Does your employer have a Register of Injuries book? 

Are employees informed of injury notification and reporting 

procedures? 

Is there a Return to Work program in your workplace? 

Does your workplace display Workers Compensation legislation, 

insurers information and return to work program? 

Is there a workplace injury notification program and procedures in 

place? 

Is there an injury management plan in place? 

Does your workplace provide regular injury management information 

and/or training programs? 

Is workers compensation information displayed in the workplace? 

Do employees know where to get a workers compensation claim form? 

Are employees aware of their workers compensation entitlements? 

Does your employer have clear policies and procedures relating to 

suitable duties for injured workers? 

Is make-up pay (including penalty rates and overtime) paid to workers 

back at work on suitable duties? 

Are employees aware of their obligation to make reasonable efforts to 

return to work after an injury? 

Are employees informed of details of insurers, accredited return to 

work co-ordinators? 

Are employees clearly informed of union assistance and services in 

relation to workers compensation matters? 

Are employees aware of the available disputes mechanisms for workers 

compensation claims? 


(a) To establish appropriate workplace workers compensation programs? 

(b) To improve workers compensation programs in your workplace? 



SECTION THREE 

RAIL 

TRAM AND BUS 

33 


U N 

I O N

SECTION FOUR 

OHS 

Factsheets 


TO CONTENTS


RTBU OHS Factsheets 

The following Factsheets have been compiled as a general guide to a number of 

major workplace OHS issues, to assist union delegates and OHS representatives. 

The Factsheets and Checklists should only be used as general guidance material, 

and should be modified to more accurately reflect the particular requirements 

of specific workplaces. Delegates and OHS representatives should supplement 

this general material with a detailed understanding of policies and procedures 

that apply to their workplace. 

SECTION FOUR 


List of Factsheets 

RTBU Factsheet 1 Accident and Injury Notifi cation 3 

RTBU Factsheet 2 Codes of Practice 12 

RTBU Factsheet 3 General Workplace Amenities 17 

RTBU Factsheet 4 Amenities – Accommodation 31 

RTBU Factsheet 5 Cash Handling, Robbery and Violence 43 

RTBU Factsheet 6 Drug and Alcohol Testing 55 

RTBU Factsheet 7 Fatigue Management 62 

RTBU Factsheet 8 Hazardous Materials and Substances 66 

RTBU Factsheet 9 Bullying and Harassment 77 

The Factsheets are only available electronically, and can be viewed, 

downloaded or printed from the accompanying CD and RTBU website 

OHS Factsheets 

2 

RAIL 

TRAM AND BUS 


U N 

I O N

RTBU OHS Fact Sheet 1: 

Accident and injury notifi cation 

what you need to know 

It is important for employers and employees to notify their insurance company 

and WorkCover of all workplace accidents and injuries no matter how small. 

Workplaces are required by law to keep accident and injury registers at each 

workplace. All workplaces are required to have hazard reporting mechanisms 

in place. Near miss incidents should also be recorded. 

All new employees must undergo induction training on how to report hazards 

to management. 

It’s the law notifi cation to workcover 

Employers are required to notify WorkCover immediately under clause 

341 of the OHS Regulation 2001 if a serious workplace accident or injury 

occurs. The OHS Regulation 2001 outlines what incidents have to be reported 

immediately. 

This must be done immediately! 

Listed below are the requirements of what types of injuries need to be notified. 

The Law requires the employer to notify under clause 341; however, Unions 

NSW encourages union delegates and OHS representatives to also notify 

WorkCover of any other incidents that may fall outside this list. 

What accidents, incidents and injuries 

require immediate notifi cation to workcover? 

Employers must notify Work Cover immediately if there is a serious incident, 

which involves any of the following: 

• A fatality 

• Someone loses consciousness 

• Someone is electrocuted 

• Someone is assaulted 

• Major damage to any plant, equipment, building or structure 


SECTION FOUR 


RAIL 

TRAM AND BUS 

3 


U N 

I O N

• Uncontrolled explosion or fire 

• Uncontrolled release of gas, dangerous goods or steam 

• Someone is involved in a robbery 

• Someone has serious burns 

• Collapse of an excavation 

• A person is trapped in machinery or a confined space 

• Exposure to bodily fluids that present risk of transmission of blood born 

diseases 

• Any injury or illness resulting in more than 7 days off work 

Non-serious incidents notifi cation to workcover 

SECTION FOUR 


If there is an incident that is not serious i.e. no illness or is not immediately life 

threatening, then WorkCover can be notified within seven days. 

For information on how to notify WorkCover see the accompanying Information 

Sheet: ‘Accident and Injury Notifications -What Employers and Insurance 

Companies Need To Do’. 

What are the penalties for not notifying a work-related incident? 

The employer must notify WorkCover of any incident listed above immediately. 

Except where the injury is not serious i.e. not life threatening or not a serious 

illness, the penalties are listed below under section 86 of the OHS Act 2000. 

The maximum penalty for not notifying is: 

– $82,500 in the case of a corporation (being a previous offender) 

– $55,000 in the case of a corporation (not a previous offender) 

– $41,250 in the case of an individual (being a previous offender) 

– $22,000 in the case of an individual (not a previous offender) 

Employers notifi cation to insurers 

By law employers must notify their insurance company within 48 hours of 

becoming aware of a Workers Compensation Injury where the employee is 

likely to have more than 7 days off work. 

Employers must notify the insurance company within 7 days of all other claims. 

All other claims (that is, employees off work for less than 7 days) must be 

notified within 7 days. 


4 

RAIL 

TRAM AND BUS 

U N 

I O N

The employer must provide the name 

of the workers compensation insurer 

If a claim is required then your employer must provide you with a Workers 

Compensation form. The employer is also required to forward the claim form 

onto the insurer for processing. 

The employer must provide the details of the insurance company to the injured 

employee. 

Employers must have a register of injuries book 

Under Section 63 of the Workplace Injury Management and Workers 

Compensation Act 1998, employers are required to keep a register of injuries 

that is readily accessible in the workplace. The manager of any mine or quarry 

or the occupier of any factory, workshop, office or shop is responsible for this 

register of injuries. 

Sample of a register of injuries book 

Below is an example of the information that will be useful in a workplace 

injuries book so that an accurate record of workplace accidents and injuries can 

be kept. These records can be used to measure which workstations, processes 

or activities constitute risks in the workplace so that appropriate action can 

be taken to minimise these risks, as well as providing future reference on any 

workplace injury. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

5 


U N 

I O N

The register should be filled in as soon as possible so that accurate information 

can be obtained. 

Particulars: 

Name of injured worker 

Address 

Age 

Occupation 

Industry in which worker was engaged 

Operation in which worker was 

engaged at time of injury 

SECTION FOUR 


Date of injury 

Hour am pm 

Nature of injury: 

Cause of injury 

Remarks 

(Signed) 

(Address) 

(Date) 

Hazard reporting requirements 

All employers are required by the law to report all workplace hazards. They 

must also take reasonable care in identifying all the hazards in their workplace. 

For more information on this process see the UnionSafe Risk Assessment 

Information Sheet. 

When employers take into account all foreseeable hazards they must not only 

consider employees but must also consider anyone else entering onto the place 

of work (For example; contractors, members of the public or delivery people). 

Further information 

This Information Sheet is recommended as a guide only and is not a substitute 

for professional or legal advice. If you need clarification or further advice please 

consult your Union. 

See also Information on Workers Compensation. 


6 

RAIL 

TRAM AND BUS 

U N 

I O N

Accident and injury notifi cation – 

what employers need to do 

Notifi cation to workcover 

Employers are required to notify WorkCover IMMEDIATELY if any one of the 

following occurs: 

• A fatality 

• Someone loses consciousness 

• Someone is electrocuted 

• Someone is assaulted 

• Major damage to any plant, equipment, building or structure 

• Uncontrolled explosion or fire 

• Uncontrolled release of gas, dangerous goods or steam 

• Someone is involved in a robbery 

• Someone has serious burns 

• Collapse of an excavation 

• A person is trapped in machinery or a confined space 

• Exposure to bodily fluids that present risk of transmission of blood born 

diseases 

• Any injury or illness resulting in more than 7 days off work 

Not in 24 hours – IMMEDIATELY! 

How to notify workcover 

WorkCover has an incident reporting hotline. Call WorkCover on 13 10 50 

Notifi cation to the insurer 

The employer must notify their insurance company within 48 hours of receiving 

a report of a significant injury (an injury where someone is off work for more 

than seven (7) days). For all other injuries the employer has seven (7) days to 

notify the insurer. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

7 


U N 

I O N

Injury register book 

The injury must be recorded in the workplace Injury Register Book. Employers 

are required by law to keep an Injury Register. Refer to sample in Information 

Sheet Accident and Injury Notification – What You Need To Know. 

Must provide name of insurer 

The employer must provide the name of their Workers Compensation Insurer 

to any injured employee. 

SECTION FOUR 


What insurance companies have to do 

Insurance companies must begin paying claims for weekly compensation 

within seven days after receiving an initial notification of injury, unless there is 

a ‘reasonable excuse’. 

A ‘reasonable excuse’ includes: 

• Unable to contact worker 

• Insufficient medical evidence 

• Worker is not an employee (for example, a director of a company) 

• Worker refuses to sign privacy clause on the claim form 

• Injury is not work related 

• Injury is notified after two months 

• Injury is not significant 

If the insurer does not pay within the set time your union representative should 

contact their union office or the insurer. 

Provisional liability 

Under ‘provisional liability’ weekly compensation payments can be made for 

up to 12 weeks from the date of incapacity. 

The length of time will depend upon the type of injury and how long the 

employee is likely to be off work. Medical expenses can be approved up to a 

value of $5,000. 

The payments do not mean acceptance of the liability for the claim. 



for professional or legal advice. If you need clarification or further advice please 

consult your Union. 

See also Information Sheets on Workers Compensation. 


8 

RAIL 

TRAM AND BUS 

U N 

I O N

Employees’ rights and responsibilities if injured 

If you have suffered an injury or illness in your workplace you have the 

following rights and responsibilities. 

It is your responsibility to: 

– Report the injury or illness in the Injury Register Book 

– Give notice of the problem to your employer as soon as possible. Notice 

can be given verbally or in writing 

– Comply with your Return to Work plan 

– Co-operate with the insurer 

– Provide up to date WorkCover medical certificates to the insurance 

company 

You have the right to: 

– See the doctor of your choice if treatment is needed, and get a WorkCover 

medical certificate (you are entitled under the law to choose your own 

doctor) 

– Make a claim by using your employer’s workers compensation form 

– Choose your own rehabilitation or treatment provider 

– Have your union assist you with the progress of your claim and on any 

return to work issues 

– Be paid within seven days of lodging a claim unless the insurer has a 

‘reasonable excuse’ (see Accident and Injury Information Sheet – ‘What 

Employers Need To Do’) 

UnionSafe has prepared a Information Sheet specifically on Workers 

Compensation. This Information Sheet sets out what the Insurer and 

Employers must do. See this sheet for further information on Worker’s 

Compensation. 



for professional or legal advice. If you need clarification or further advice 

please consult your Union. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

9 


U N 

I O N

Accident and injury notifi cation – 

what employees need to do 

Accident and injury notifi cation checklist 

In the event of an injury follow the following steps: 

1. Give notice of the injury as soon as possible to the employer, or anyone 

designated by the employer, such as a supervisor or a manager. This can 

be in writing or verbally. It MUST be given before an injured worker 

leaves or resigns from their job. 

SECTION FOUR 


2. For a claim for hearing loss, notification must be given in writing. 

3. Advise your union representative. 

4. Record the injury in the Workplace Injury Register. If your workplace 

does not have a Workplace Register of Injuries Book then contact your 

safety representative, workplace union delegate or union, to ensure that 

one is established immediately. 

5. Make an appointment to see your treating doctor. You will need to 

notify the doctor that it is a ‘long’ or ‘double consultation’ when you 

make the appointment to ensure the appropriate consultation time is 

available. Remember, your doctor’s first priority is your health so they 

will be supportive. 

6. Fill in all necessary paperwork and claim forms. KEEP A COPY OF 

EVERYTHING. 

7. If treatment is needed then get a WorkCover medical certificate. Comply 

with your Return to Work plan. 

8. You must co-operate with the insurer and attend (if necessary) a medical 

examination with a medical practitioner arranged and paid for by the 

employer in reasonable time. You have the right to choose your own 

doctor. 

9. You must notify the insurer of your nominated treating doctor (the 

doctor of your choice), and also provide up to date WorkCover medical 

certificates to the insurance company. 

If after following all of these procedures you are still having difficulty in lodging 

a Workers Compensation claim then contact your Union for assistance. 


10 

RAIL 

TRAM AND BUS 

U N 

I O N

Steps in Employee Injury Notifi cation 

Give notice of injury verbally or in writing to the employer 

or their representative as soon as possible 

A claim for hearing loss must 

be in writing 

Advise your union of the injury and 

notification 

Record the injury in the Workplace Injury Register. If your 

workplace does not have a Workplace Register of Injuries Book 

then contact your safety representative, workplace union 

delegate or union, to ensure that one is established 

Make an appointment to see your treating doctor. You will need 

to notify the doctor that it is a ‘long’ or ‘double consultation 

Fill in all necessary paperwork and claim forms. 

KEEP A COPY OF EVERYTHING 

If treatment is needed then get a WorkCover medical certificate. 

Comply with your Return to Work plan. 

You must co-operate with the insurer and attend (if necessary) 

a medical examination with a medical practitioner arranged and 

paid for by the employer in reasonable time. 

You have the right to choose your 

own doctor. You must notify the insurer 

of your nominated treating doctor 

You must also provide up to date 

WorkCover medical certificates to the 

insurance company. 

If you are having difficulty lodging a Workers’ Compensation 

claim, contact the Union 


SECTION FOUR 

RAIL 

TRAM AND BUS 

11 


U N 

I O N


Codes of Practice 

The WorkCover Authority of NSW has produced these Industry Codes of 

Practice. Copies of these Codes of Practice are available from the UnionSafe 

website. 

It’s the law! 

SECTION FOUR 


There are laws that cover workplace safety. For example there is the OHS Act 

2000 and the NSW OHS Regulation 2001. 

In addition to the Acts and Regulation WorkCover has produced a number 

of Codes of Practice. These provide practical guidance for employers and 

employees to follow. WorkCover inspectors often refer to Codes of Practice 

when issuing notices to employers. 

Amenities for construction work code of practice 

Provides employers, self-employed persons and employees with practical advice 

on the provision of a minimum standard of amenities for persons engaged in all 

construction work. 

Amenity tree industry code of practice 

This Code applies to the amenity tree industry for pruning, trimming, repairing, 

maintaining, transplanting, removing trees, wood chipping, stump grinding and 

for equipment used in such operations. 

Cash in transit code of practice 

This Code provides a practical guide for employers and others, who have duties 

for their particular area of work in dealing with Cash in Transit. 

Construction testing concrete pumps code of practice 

This Code applies to pump units, placing booms and ancillary equipment used 

for the conveyance of concrete, where the pump unit is skid mounted, trailer 

mounted or vehicle (prime mover) mounted. 


12 

RAIL 

TRAM AND BUS 


U N 

I O N

Control of workplace hazardous substances codes of practice 

This Code is part of a regulatory package designed to deal with the safe use of 

hazardous substances in the workplace so as to minimise the risk of disease and 

injury due to the exposure to hazardous substances in the workplace. 

Cutting and drilling concrete and other masonry products 

code of practice 

This Code provides employers, self-employed persons and employees with 

practical advice on the use of saws and drills and associated equipment used 

in the cutting and drilling of concrete and other building structural materials 

during construction work. 

Design, manufacture and installation of on-farm and fi eld silos 

codes of practice 

This sets out the minimum safety requirements for the design, manufacture and 

installation of silos and field bins used on farms. 

Electrical practices for construction work code of practice 

This Code provides practical guidance and sets minimum safety requirements 

for electrical practices on all construction sites in NSW. 

Facade retention code of practice 

This Code provides industry with a set of minimum safety requirements 

applicable to facade retention. It sets out the minimum requirements for the 

safe planning, procedures and maintenance for facade retention. 

Formwork code of practice 

This Code provides employers, self-employed and employees with practical 

advice on preventing injury to persons engaged in erecting and dismantling 

formwork and associated equipment. 

Hot or cold environments code of practice 

The aim of this Code of Practice is to assist employers in deciding on appropriate 

measures to eliminate or control the risks to employees who work in hot or 

cold environments. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

13 


U N 

I O N

Induction training for construction 

This Code provides practical advice on the provision of occupational health 

and safety induction training to persons engaged in construction work. 

Labelling of workplace substances codes of practice 

This Code provides advice to employers, self-employed persons, suppliers and 

employees on meeting the labelling requirements of the Occupational Health 

and Safety (Hazardous Substances) Regulation 1996. 

Mono-strand post-tensioning of concrete buildings code of practice 

SECTION FOUR 


This Industry Code of Practice provides employers, self-employed persons 

and employees with practical advice on safe mono-strand post-tensioning of 

concrete buildings. 

Noise management and protection of hearing at work codes 

of practice 

This Code of Practice is to assist employers, self-employed persons and employees 

to develop and implement practices for noise management and protection of 

hearing at work. 

OHS consultation code of practice 

This Code of Practice is a practical guide for meeting the duty to consult 

set out in the Occupational Health and Safety Act 2000 (OHS Act) and the 

Occupational Health and Safety Regulation 2001 (OHS Regulation). 

Overhead protective structures code of practice 

This Industry Code of Practice has been produced to provide industry with 

practical guidance on the design, supply, installation and use of overhead 

protective structures. 

Preparation of material safety data sheets codes of practice 

This Code is part of a regulatory package designed to deal with the safe use of 

hazardous substances in the workplace so as to minimise the risk of disease and 

injury due to the exposure to hazardous substances in the workplace. 


14 

RAIL 

TRAM AND BUS 

U N 

I O N

Pumping concrete codes of practice 

This Code of Practice may be cited as, Code of Practice, Pumping Concrete 

for the safe operation of concrete pumps and ancillary equipment used for 

pumping concrete. 

Safe handling storage of enzymatic detergent powders and liquids 


This is a set of minimum requirements for the safe handling and storage of 

enzymatic detergent powders and liquids. 

Safe handling of timber preservatives and treated timber codes of 

practice 

This Code provides practical guidance to employers, self-employed persons 

and employees to ensure the health and safety of workers handling timber 

preservatives and timber treated with preservatives. 

Safe use of vinyl chloride code of practice 

This Code of Practice may be cited as the Code of Practice for the Safe Use of 

Vinyl Chloride 

Safe work on roofs, part 1 – commercial and industrial buildings 


This Code provides employers, self employed persons and employees 

with practical advice on safe work on roofs for commercial and industrial 

buildings. 

Safe work on roofs, part 2 – residential buildings codes of practice 

This Code provides employers, self-employed persons and employees with 

practical advice on preventing injury to persons engaged in work on roofs. 

Safe use and storage of chemicals in agriculture codes of practice 

This Code provides a practical and informative guide to persons on how to 

comply with the relevant legislation relating to the use and storage of agricultural 

chemicals, including pesticides and herbicides. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

15 


U N 

I O N

Safe use of pesticides in non-agricultural workplaces codes of 

practice 

This Code provides a guide for persons working in the pest control industry, 

green-keeping and other industries. 

Safety line systems codes of practice 

This Code provides employers, self employed persons and employees with 

practical advice on safety line systems. 

Sawmilling industry codes of practice 

SECTION FOUR 


This Code of Practice is designed as an aid in the prevention of injury to 

persons employed in NSW sawmills. The Code covers the sawmilling process 

of all timber species used in the NSW Timber Industry including softwood, 

hardwood, red gum and cypress pine. It applies to all sizes of timber sawmills 

ranging from small bush mills to large, fully automated mills. 

Tunnels under construction codes of practice 

This Code of Practice provides practical guidance for safe tunnel construction. 

Workplace amenities code of practice 

The aim of this Code of Practice is to assist employers in deciding on appropriate 

amenities for the welfare of their employees. It provides practical advice 

on implementing the requirements of the Occupational Health and Safety 

Regulation 2001. 


This Fact Sheet is recommended as a guide only and is not a substitute for 

professional or legal advice. If you need clarification or further advice please 

consult your Union for further information. 


16 

RAIL 

TRAM AND BUS 

U N 

I O N


General Workplace Amenities 

Amenities – What you need to know 

Your workplace must have amenities as part of a safe working environment. 

Amenities must be appropriate for each workplace. For example: a dirty 

worksite will need showers; an exposed worksite will need shade and shelter; 

and mobile worksites will need portable amenities. 

What does the law say? 

Clause 18 of the OHS Regulation 2001 says that an employer must provide 

appropriate amenities for all employees. They must take into account the type 

of work that is being done, the size and location of the workplace and the 

number of people who work there. 

Under Clause 19 of the OHS Regulation 2001 employers must maintain 

amenities and accommodation. The employer must make sure all amenities and 

accommodation is maintained in a clean, healthy and safe condition, unless the 

employer has no control. 

Types and nature of amenities 

Amenities include Washing Facilities, Showering Facilities, Change Rooms, 

Dining Areas, Drinking Water, Lockers and Storage, Rest Rooms, Shelter Sheds, 

Seating and Toilets. 

Amenities will vary in different types of workplaces, from large permanent 

workplaces to smaller permanent workplaces, and temporary or remote 

workplaces. As well as providing the actual amenities there is also the need to 

make sure they are adequately maintained, with regular cleaning, etc. 

You should ensure that your workplace has appropriate amenities by producing 

an Amenities Plan for your workplace. 


SECTION FOUR 


RAIL 

TRAM AND BUS 

17 


U N 

I O N

Type of workplace 

Workplaces include any places where people may go while at work. For example, 

bus drivers have a workplace that extends through the routes they travel; they 

will need appropriate amenities at their terminus or along their route. 

In determining what is required, consider the type of workplace (e.g. indoors or 

outdoors), and whether it is permanent or temporary. 

The table below describes different types of permanent and temporary 

workplaces. 

Type of workplace examples 

SECTION FOUR 


Permanent – fixed in a building: office, factory, hospital, school Permanent 

– fixed or mobile, but not always in a building: bus and truck 

drivers, airline crews 

Temporary – seasonal: tourism, show workers, recreational workers (e.g. ski 

instructors) 

Temporary – where employees work in a one-off situation for hours, days or 

weeks: tradespersons (e.g. plumbers, electricians), gardeners, 

emergency services. 

There may be other factors relevant to your workplace, in addition to those 

above. An example is the time of work, such as in shift work, where workers 

may not have access to facilities that are closed at night. 

The WorkCover NSW Code of Practice for Risk Assessment can also help you 

in assessing your needs. 

Hand washing facilities 

An employer must provide access to suitable hand washing facilities to enable 

employees to maintain standards of personal hygiene. 

Depending upon the nature of the work undertaken, hands will require washing 

at different times (for example: after handling chemicals, changing children’s 

nappies, or handling greasy machinery). 

Hand washing basins should be separate from troughs or sinks used in 

connection with the work process. A workplace assessment will determine 

where they should be positioned, but in general they should be located within 

easy access of all employees, workstations and facilities. 


18 

RAIL 

TRAM AND BUS 

U N 

I O N

The washing facility should be protected from weather, and provided with an 

adequate supply of non-irritating soap and hygienic hand drying facilities. 

In areas with a scattered workforce, or one with employees concentrated in 

different areas, it may be necessary to have more than one washing facility. 

How many hand basins are required? 

The ratio of hand washing basins to employees and specifications for basins 

depends on the number of users, the type of building and the nature of the 

work. 

Consult the Building Code of Australia for information about the number of 

basins required for your workplace (for example, there are special provisions for 

certain workplaces such as health care buildings, schools, and early childhood 

centres), however the ratio considered adequate for most workplaces is one per 

every 30 employees. 

Showering facilities 

Jobs such as fire fighting, work in abattoirs, foundry work, welding, and police 

search and rescue, are examples of situations where showering facilities may be 

required. Such jobs may involve dirty, hot or arduous work. 

Separate showering facilities should be provided for male and female employees. 

However, in small or temporary workplaces where the privacy of male and 

female employees can be assured, it may be acceptable to provide one shower. 

Each shower area should have a lockable door and non-slip flooring. 

Change rooms 

Sometimes employees need to change clothes before, during or after work. This 

allows them to remove clothes that may be contaminated with substances from 

the work process. In other situations, employees may need to change into or 

out of a uniform that must be worn at work. In all of these circumstances, 

access to a change room is required for privacy reasons. 

Change rooms: what type is needed? 

When establishing change rooms, consider: 

• Privacy and security needs: separate change rooms should be provided for 

males and females. In some small workplaces, as long as the privacy of 


SECTION FOUR 

RAIL 

TRAM AND BUS 

19 


U N 

I O N

individuals can be assured by administrative means (e.g. an “engaged” sign 

on the door), only one change room may be necessary. The room should be 

secure and lockable from the inside. 

• Space requirements: change rooms need sufficient space and adequate seating 

to accommodate the maximum number of people changing their clothes at 

any one time. 

• Location: the room should be separate from other parts of the workplace, in 

a position convenient to washing and toilet facilities. 

• Fittings: the room should contain adequate storage space for clothes, a 

reasonable number of hooks and appropriately positioned mirrors. 

SECTION FOUR 


• Seating: suitable seating (e.g. benches) should be provided to accommodate 

the numbers of people likely to be using the room at any one time. 

• Special requirements for hazardous substances: where the work involves the 

wearing of protective clothing due to hazardous substances (e.g. asbestos 

work, lead processing, electroplating), special decontamination changing 

facilities may be needed. This special change room should be separate from 

other changing, washing and toilet facilities. 

• Special requirements for wet outdoor work: some outdoor workers, such as 

emergency services personnel, and parks and gardens maintenance workers, 

may regularly get wet during the course of their work. As wet clothing and 

footwear may be a risk to their health and safety, drying facilities for clothes 

and shoes should be arranged. 

Dining areas 

Employees must be provided with hygienic facilities for eating their meals and 

for preparing and storing food. 

In some workplaces, mixing working and eating areas can create risks to health 

and safety. Substances or processes used in the workplace may contaminate food, 

posing a risk to employees. In some situations, mixing working and eating areas 

may spoil work being done, or equipment being used (e.g. crumbs in sensitive 

equipment). If this is the case, employees should be provided with appropriate 

facilities for eating during meal breaks. In all workplaces, appropriate systems 

for the removal of rubbish associated with eating and dining areas must be put 

in place. 


20 

RAIL 

TRAM AND BUS 

U N 

I O N

Dining areas: Making them appropriate for 

your workplace: 

For large permanent workplaces 

A specially dedicated dining or eating area may be provided. The dining area 

should be separated from the work area and protected from weather. It should 

provide hot and cold running water; facilities for washing and storage of 

utensils; and hygienic storage and heating of food. Adequate numbers of tables 

and seats should be provided, as well as the appropriate crockery and cutlery. 

For smaller permanent workplaces 

Where dining facilities are not practical, there should at least be access to a 

separate area, which has a sink with running water, a clean storage cupboard, 

a facility for boiling water and a refrigerator to avoid food spoilage. In 

workplaces where work processes may contaminate food, no matter how small 

those workplaces are, a separate dining room is required. 

For temporary or remote workplaces 

Where the work involves travelling between different workplaces, or is remote 

or seasonal, employees need reasonable access to dining facilities. This may 

involve organising rosters for mobile workers (such as bus drivers or couriers) 

to ensure that they are back at their base location for meal breaks. Alternatively 

mobile workers, such as sales representatives, may take their meal breaks en 

route. 

Employees working in remote areas, such as loggers or mining exploration 

workers, may face severe constraints in dining facilities. At times the only 

enclosed facility available to them may be their vehicle. In this instance portable 

food storage facilities may be required, such as a car fridge or insulated lunch 

box. 

Drinking water 

An adequate supply of clean drinking water must be provided at all workplaces, 

and be readily accessible for all employees. Drinking enough fluids is essential 

for normal health, especially bladder and kidney function. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

21 


U N 

I O N

In general, drinking points should be: 

• Positioned where they can be easily accessed by employees; 

• Close to where hot or strenuous work is being carried out to reduce the 

likelihood of dehydration or heat stress; 

• Separate from toilet or washing facilities to avoid contamination of the 

drinking water. 

The temperature of the drinking water should be at or below 24 degrees Celsius. 

This may be achieved by: 

• Refrigeration of the water; 

• Provision of non-contaminated ice; 

• Shading of water pipes and storage containers from the sun. 

SECTION FOUR 


Where connection to a water supply is possible, the drinking water must be 

delivered in a hygienic manner. This may involve a drinking fountain, where the 

water is delivered in an upward jet, or supply of disposable cups or washable 

glasses. 

Lockers and storage 

Employees should be provided with a secure space to store personal belongings 

(such as handbags and coats) while at work. Personal Protective Equipment 

(PPE) and clothing should also be stored and secured to ensure that it will be 

available for use when next required. 

PPE should not be transferred from worker to worker. This includes respirators 

and moulded earplugs. There is potential for transmission of disease if items 

such as these are shared. 

The safe storage of personal belongings may be more difficult for mobile 

workers, such as parks and gardens or road maintenance workers. In these cases, 

temporary lockable containers stored in a secure place may be appropriate. 

Rest rooms 

Employees may need access to a rest area for a period of short-term respite 

while at work. The need for rest may be due to illness, injury or fatigue. 

Rest rooms may take a number of forms. If there is a first aid room, the rest 

area facilities may be part of that room. Alternatively, a quiet office with a 

comfortable chair may serve as a rest area. If it is not practical to provide an 

appropriate rest area within the place of work, then other adequate arrangements 

may be necessary. 


22 

RAIL 

TRAM AND BUS 

U N 

I O N

Some employees may have different needs for rest areas. For example, the rest 

area for long distance truck drivers may be the sleeper berth behind their seat, 

or in a busy call centre or hospital, employees might need time out from their 

work activities. 

Shelter sheds 

Outdoor workers, such as road maintenance workers and gardeners, should 

be provided with reasonable access to shelter if weather conditions make work 

unsafe or impractical, for example, high winds, lightning, rain or very hot 

weather. 

In some situations where employees have a vehicle nearby, this may provide 

appropriate short-term shelter. Where larger numbers of workers require shelter 

a shed or caravan may be needed. Portable shade canopies may also provide 

shelter against the heat. In some situations, access to appropriate nearby public 

shelter (for example rotunda in the park, awnings under nearby buildings) may 

be suitable. 

Seating 

Employees should be provided with seating appropriate to the tasks being 

undertaken. 

An assessment of work activity, in consultation with employees, should consider 

whether the work is best carried out in a seated or standing position (or a 

combination of the two). Ideally, employees should have a mix of seated and 

standing tasks -neither prolonged sitting nor standing is desirable. 

Many tasks, such as screen based work, fine component assembly, or tasks 

involving the frequent repetitive use of foot controls, are best done in a seated 

position. 

For tasks best undertaken in a seated position, employees should be provided 

with suitable seating. 

The seat design should be appropriate for the work performed enabling the 

worker to adopt a comfortable, ergonomically sound working position. 

Seating should: 

• Be fully adjustable to accommodate different sized employees; 

• Provide good body support, especially for the lower back; 

• Enable good foot support -this may mean the use of a footrest that should 

be moveable if necessary. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

23 


U N 

I O N

Toilets 

It is essential that employees have ready access to toilet facilities for the 

maintenance of good health. 

Health reasons 

Research has shown that where toilets are not readily accessible, employees 

may reduce their fluid intake to compensate. A reduced fluid intake is not 

recommended and can lead to health problems such as bladder and kidney 

disease, or heat stress in hot conditions. 

SECTION FOUR 


Where toilets are not accessible, people may sometimes try to delay going, 

which is also inadvisable, and may lead to health problems in the longer term 

such as incontinence. 

Design 

It is preferable that toilets are connected to the sewer. If this is not practicable, 

self-contained freshwater flushing or open-closet portable toilets should be 

provided. Toilets not connected to the sewer must be serviced regularly to 

ensure that they are maintained in a sanitary condition. 

Each toilet should be fitted with a hinged seat and lid, and hinged door capable 

of locking from the inside. Adequate and hygienic means for the disposal of 

sanitary items should be provided for female employees. Toilets should be kept 

clean and hygienic at all times and be positioned to ensure users’ privacy. 

How many toilets are needed? 

The number of toilets required depends on the number of employees, or users 

of the facilities, and the type of building. In assessing needs, also consider how 

many visitors or members of the public might come to your workplace. 

Consult the Building Code of Australia for specific guidance on the number 

of toilets required; however the following ratios will be applicable to most 

workplaces: 

Closet Pans: 1 per 20 males; 1 per 15 females. 

Urinals: 1 per 25 males. 


24 

RAIL 

TRAM AND BUS 

U N 

I O N

Toilet requirements in different types of workplaces 

For workplaces within buildings, the Building Code of Australia outlines the 

ratio of toilets to employees, and the specifications for toilets. In most cases, 

employers are expected to provide their own toilet facilities for employees, 

rather that relying on access to external public toilets. 

Separate toilets should be provided for male and female employees, and should 

be clearly signposted. However, in some small businesses with only a few 

employees (e.g. less than 10) a unisex facility may be provided, as long as the 

privacy of male and female employees can be assured. In such situations, one 

toilet, one washbasin and a means of disposing of sanitary items is required. 

Toilets must be accessible, preferably located inside a building, or as close as 

possible to the workplace, to control any risk to employees’ safety. They should 

be installed to prevent any odours escaping. 

In multiple storey buildings, toilets should be located on at least every second 

storey. Where shops are located in a shopping complex, the owner of the 

complex should provide sufficient toilets to satisfy the needs of all the shops. 

Larger employers within shopping complexes, such as department stores and 

supermarkets would reasonably be expected to provide their own toilets to 

facilitate quick access for employees. Further guidance is provided in the 

Building Code of Australia. 

Maintenance of amenities 

Amenities must be maintained on a regular basis. This will involve ensuring 

that amenities are cleaned and any necessary repairs are carried out promptly. 

Regular maintenance should also include regular checks to ensure amenities are 

up to standard. These checks can be undertaken as part of OHS consultation 

arrangements. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

25 


U N 

I O N

CODE OF PRACTICE ON AMENITIES 

There is a WorkCover Code of Practice on Amenities, which can be downloaded 

from the UnionSafe Website. 

Amenities – What you need to do 

Employer must provide amenities 

SECTION FOUR 


Your employer must provide amenities. These include: 

• Washing Facilities 

• Showering Facilities 

• Change Rooms 

• Dining Areas 

• Drinking Water 

• Lockers and Storage 

• Rest Rooms 

• Shelter Sheds 

• Seating 

• Toilets 

• Maintenance of amenities 

Refer to the ‘Amenities -What you Need To Know’ Fact Sheet for details on 

these amenities. 

The employer should comply with the WorkCover Code Of Practice on 

Amenities, which is available from the UnionSafe website. 

The employer must consult with employees regarding the provision of 

amenities. 

Factors to consider for amenities 

In assessing the requirements for amenities the employer, in consultation with 

employees, should consider the following factors: 

Nature of the work undertaken 

The type of work performed will determine what amenities are required. 

For example, amenities provided for office employees may differ from those 

provided for employees undertaking dirty, hot or arduous tasks (such as 


26 

RAIL 

TRAM AND BUS 

U N 

I O N

foundry work or fire fighting), or for employees working in hospitals or nursing 

homes. 

It may be that different areas within the one workplace may have different 

amenity requirements depending on the tasks being undertaken and the 

equipment being used. For example, those who do dirty work will require 

washing and showering facilities. 

Size and location of the place of work 

Consider whether the place of work is in a building or structure, or whether 

work is undertaken outdoors, or in a remote area. Work may also be undertaken 

away from base 

e.g. sales representatives or tradespersons. The following questions should be 

asked: 

Does the place of work cover an extensive area, or is work undertaken in a 

relatively compact location? 

Do employees travel between workplaces, to numerous work sites, or other 

locations? 

Is the workplace close to appropriate amenities or in a remote area? 

How long would it take to access the nearest amenity facilities if necessary? 

Composition of the workforce (men, women, people with special 

needs) 

The number of employees at the workplace will determine what amenities are 

required. 

• Facilities should ensure adequate privacy and security for the needs of men 

and women. People with disabilities or special needs should also be provided 

with appropriate amenities. 

Checking and reviewing amenities 

Consider the frequency of when the checks are made, how this is done and 

who does it. Ideally amenities should be inspected on a regular basis so that 

they are kept in an adequate condition and are consistent with the Amenities 

Plan you have developed (above). 


SECTION FOUR 

RAIL 

TRAM AND BUS 

27 


U N 

I O N

Assessment of amenities can be a part of a risk assessment conducted under 

your workplace’s OHS consultation arrangements. 

A facility should exist for employees to notify their OHS representatives, 

employer and union if amenities are inadequate. 

Amenities planning and assessments should also be undertaken in the event of 

any move, expansion, relocation or alteration to the workplace. 

The consultation arrangements and assessment can be used to produce a 

workplace Amenities Plan as set out above. 

Are there any other obligations regarding amenities? 

SECTION FOUR 


Yes. An employer must ensure that any amenities provided (including 

accommodation) are maintained in a safe and healthy condition. See Clauses 

18-19 of the OHS Regulation 2001. 

There may be circumstances where the employer has no control or only limited 

control over amenities. In this case their obligation applies only to the extent 

of their control. Owners or controllers of premises may then have obligations 

in this area. 

What legislation covers the provision of amenities? 

An employer must ensure that appropriate amenities are available for all 

employees while they are at work. See also Part 4 of the OHS Act 2000 – 

Industry codes of practice. 

Employers should also observe any industry code of practice relevant to the 

provisions of amenities. See OHS Regulation 2001, Clauses 18-19. 

Does “amenities” include accommodation? 

Yes. If the employer determines it is necessary for the welfare of employees or 

if it is required due to the circumstances of their work. A separate Factsheet on 

Accommodation is include din these resources. 


professional or legal advice. If you need clarification or further advice please 

consult your Union for further information. 


28 

RAIL 

TRAM AND BUS 

U N 

I O N

OHS General Amenities Checklist 


Does the workplace provide appropriate amenities suitable for the 

type, location, size and cpmposition of the workplace? 

Are adequate handwashing facilities provided for employees? 

Does the workpace provide change room and shower facilities? 

Are meal rooms provided? 

Do employees have access to suitable drinking water? 

Are employees provided with lockers and storage for personal items? 

Does the workplace provide adequate first aid facilities? 

Do employees have access to rest areas or rest rooms? 

Are shelter sheds provided for outdoor employees? 

Is there adequate seating provided for tasks being undertaken? 

Does the workplace provide access to clean toilet facilities? 

Are toilet facilities adequate for employee numbers, and others using 

the workplace, and composition (Male, female, disabled)? 

Are workplace amenities regularly cleaned, repaired and maintained in 

good order? 


• To establish appropriate workplace amenities? 

• To improve general amanities in your workplace? 


SECTION FOUR 

RAIL 

TRAM AND BUS 

29 


U N 

I O N

OHS Meal Room Amenities Checklist 


Are meal rooms appropriate and adequate for the type of workplace 

and employee numbers? 

Are the meal room facilities secure and safe? 

Do meal rooms provide adequate cooking utensils and equipment 

(hotplates, toasters, ovens, hot water urns, microwave oven, fridges)? 

Do meal rooms provide water coolers and ice machines? 

Do meal rooms have adequate lighting? 

Is sufficient comfortable seating provided? 

SECTION FOUR 


Do meal rooms have sufficient lined rubbish bins? 

Do employees have access to departmental and public phones? 

Are noticeboards provided in meal rooms? 

Do meal rooms provide coat hooks and adequate storage for work 

bags? 

Are meal rooms air conditioned with controls in meal rooms? 

Are handwashing facilities (including liquid soap dispensers, paper 

towels or air dryers) provided? 

Are meal rooms equipped with appropriate safety equipment (safety 

blanket, fire extinguisher)? 

Are meal room amenities regularly cleaned, repaired and maintained in 

good order? 


• To establish appropriate meal room amenities? 

• To improve meal room amenities in your workplace? 


30 

RAIL 

TRAM AND BUS 

U N 

I O N


Amenities-Accommodation 

The following factsheet is based on minimum standard developed by the 

NSW Locomotive Division, and is provided here as a guide only. Many of 

the standard described will not apply to a range of workplaces. Delegates and 

OHS representatives should be familiar with policies and procedures applying 

to their workplace. 

Accommodation minimum standards 

Where individual standards may vary between Hotels / Motels and Barracks 

these differences will be noted. 

Defi nitions 

EXISTING BARRACKS – Refers to those current Barracks or Employer 

provided Rest Houses currently in use. 

NEW BARRACKS – Refers to any Barracks or Employer provided Rest Houses 

that may either be built in the future or, where currently disused, are returned 

to use. Any proposal to build new barracks is to have the full involvement of 

the RTBU Locomotive Division (NSW) Divisional Secretary or their nominee. 

HOTEL / MOTEL – Refers to any Privately Operated accommodation as the 

name implies. Where Hotels / Motels are currently in use that do not comply 

with these new standards dispensation from these standards is only granted for 

the life of the current contract. 

SERVICED APARTMENTS – Refers to fully self-contained units or apartments 

with one or more bedrooms and lounge/living area. Generally (unless noted 

otherwise) the same requirements as for Hotels / Motels will apply. 

Any accommodation proposed for use by RTBU members must be inspected by 

the relevant Sub-Divisional officers or their nominee, and must be conducted in 

accordance with this standard. A written report of any inspection carried out 

must be submitted to the relevant RTBU Division (NSW) Divisional Secretary 

by the officer carrying out the inspection. 


SECTION FOUR 


RAIL 

TRAM AND BUS 

31 


U N 

I O N

Accommodation Inspection Checklists for Barracks and Motel Accommodation 

are attached to these standards, and should be used for any inspections of 

accommodation. Original copies of the Inspection Checklists should be 

forwarded to the Divisional Secretary upon completion of the inspection. 

Minimum standards – barracks 

SECTION FOUR 


General Standards • The accommodation must be in a quiet location. 

• Rooms must be acoustically sound to prevent external 

noise or noise from adjacent rooms impacting upon 

the occupant’s ability to sleep at any time of day or 

night. 

• The accommodation must be within easy walking 

distance to the sign on point or transport must be 

provided. 

• The allocated rooms must be available at all times for 

the duration of the contract. 

• Rooms cleaned and serviced after each use. 

• Reverse cycle air conditioning with individual 

adjustment for each room. 

• Hot and cold running water. 

• Power points (including shaver) to be provided, 

including in bathroom. 

• Draft excluder for any external doors. 

• Window shutters with blinds or drapes (black out 

type) to exclude daylight. (Not required if design of 

building removes the ability of external light to reach 

sleeping area by other means). 

• Key security. 

Meals and Cooking • All members are entitled to partake of hot, cooked 

Facilities 

meals at any time during their absence from their 

homes. 

• Barracks and Hotels / Motels must have 24 hour 

cooking facilities. 


32 

RAIL 

TRAM AND BUS 

U N 

I O N

• Barracks are to have fully equipped cooking / kitchen 

facilities such as a stove/cooker, griller, microwave 

oven, toaster, tea/coffee facilities, hot water urn, 

crockery and cutlery, pots, pans and utensils. 

• Full kitchen washing up facilities must also be 

provided. Exhaust fans / range hoods must be 

provided over any cooking area. 

Sleeping Quarters 

Beds 

Double bed ensemble (long type). 

• The bed must be no less than King Single size 

ensemble. 

• Electric Blanket. 

• Spare pillow and blanket. 

Clothes Hanging Areas • Wardrobe for hanging clothes. 

• The minimum acceptable is a full-length locker in 

each room. 

Alarm Clocks or • Only if no other method of being called for duty is 

Crew Calling Facilities available. 

• Crew calling facilities. A suitable method for calling 

crews at rest (wake up calls) must be provided by the 

employer at any location where crews are required to 

undertake rest in accordance with relevant Awards/ 

EA’s/ Rostering Codes 

General Amenities • Fitted carpet to be provided in areas (including 

hallways) except wet areas. 

• Table and chairs in individual rooms. 

Refrigerator • Located in kitchen area. 

Colour TV 

• Located in TV/Lounge area. 

Direct Dial Telephone • Provided in central location away from quiet areas. 

for outgoing calls. 

• Must be available 24 hours a day. 

• Phone calls made to legitimate nominated locations/ 

numbers such as Depots/Trains/Train Control 


SECTION FOUR 

RAIL 

33 


TRAM AND BUS 

U N 

I O N

Centres, related to the employee’s duties, are the 

responsibility of the employer. 

• Provision must be made for any such calls to be billed 

to the respective employer unless other alternative 

arrangements are in place. 

Clothes Drying 

Facilities 

• must be provided at all locations. 

Iron & Ironing Board • Provided in central location. 

Recreational facilities • A full length Pool/Billiards Table (and associated 

equipment) to be provided in a central location. 

SECTION FOUR 


Bathroom and Toilet Facilities 

It is preferable that ensuite bathroom/toilet facilities 

New Barracks 

Fire Safety Systems 

Equipment/Alarms 

be provided, however those locations that currently 

have communal facilities are acceptable. 

Ensuite bathroom/ toilet. 

• Lighted mirror in individual room and bathroom. 

• Sanitary disposal unit. 

• Clean towels (bath, hand and floor mat) and fresh 

linen are to be supplied for each use. 

• All accommodation must comply with the relevant 

State Fire Codes for accommodation specific 

buildings. 

• This includes (but is not limited to) Fire Alarms and 

Smoke Detectors, Sprinkler Systems, Fire Fighting 

Equipment, Fire Escapes, Emergency Exits and 

Signage, and Evacuation Procedures. 


34 

RAIL 

TRAM AND BUS 

U N 

I O N

Minimum standards – motels / apartments 

General Standards • Hotels/Motels must be a minimum 3 1/2 star rating 

accredited by NRMA or equivalent. 

Cleaning & Privacy 

• The accommodation must be in a quiet location. 

• Rooms must be acoustically sound to prevent external 

noise or noise from adjacent rooms impacting upon 

the occupant’s ability to sleep at any time of day or 

night. 

• The accommodation must be within easy walking 

distance to the sign on point or transport must be 

provided. 

• The allocated rooms must be available at all times for 

the duration of the contract. 

• Rooms cleaned and serviced after each use. 

• Reverse cycle air conditioning with individual 

adjustment for each room. 

• Hot and cold running water. 

• Power points (including shaver) to be provided, 

including in bathroom. 

• Draft excluder for any external doors. 

• Window shutters with blinds or drapes (black out 

type) to exclude daylight. (Not required if design of 

building removes the ability of external light to reach 

sleeping area by other means). 

• Key security. 

• The Management of the establishment must ensure 

cleaning staff and maintenance operations are 

precluded from entering any area where train crews 

may be sleeping during normal daytime hours. 

• This can include (but is not limited to) appropriate 

signage, physical barriers, and/or nominated “quiet” 

areas. 

• All members are entitled to partake of hot, cooked 

meals at any time during their absence from their 

homes. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

35 


U N 

I O N

Meals and Cooking 

Facilities 

• Barracks and Hotels / Motels must have 24 hour 

cooking facilities. 

• Kitchenette type facilities (stove/cooker, griller and 

utensils) are to be available in each room. Rooms 

must also have a microwave oven, toaster, tea/coffee 

facilities, crockery and cutlery. 

SECTION FOUR 


Alternative Meal • Where Kitchenette type facilities are not available 

Arrangements: (and alternative accommodation with these facilities 

is not available), the employer is responsible for 

organising for the provision of cooked meals at times 

as required by members during their stays (if required 

outside the normal business hours). 

• Such meals are to be made available to employees at 

a price consistent with the meal allowance being paid 

to the employee as part of the prevailing industrial 

agreement. 

• If meals cannot be provided, the employer is 

responsible for providing/arranging suitable transport 

to enable members to readily access cooked meals at 

other suitable locations. 

• As an alternative, if the employer can arrange access 

to full cooking facilities at either a central location at 

the accommodation, or arrange access to the kitchen 

at the accommodation, this may be acceptable 

following consultation with the RTBU Locomotive 

Division (NSW) Divisional Office. 


Beds 

• Double bed ensemble (long type). 

The bed must be no less than King Single size 

ensemble. 

• Electric Blanket. 

• Spare pillow & blanket. 

Clothes hanging areas • Wardrobe for hanging clothes. 


36 

RAIL 

TRAM AND BUS 

U N 

I O N

Radio Alarm Clock 

• Must be in all individual rooms 

Only if no other method of being called for duty is 

available. 

• Crew calling facilities. A suitable method for calling 

crews at rest (wake up calls) must be provided by the 

employer at any location where crews are required to 

undertake rest in accordance with relevant Awards/ 

EA’s/ Rostering Codes 

General Amenities 

• Fitted carpet to be provided in areas (including 

hallways) except wet areas. 

• Table and chairs in individual rooms. 

Refrigerator • In individual rooms. 

Colour TV 

• In individual rooms. 

Direct Dial Telephone • In all individual rooms. 

for outgoing calls • Must be available 24 hours a day. 

• Phone calls made to legitimate nominated locations/ 

numbers such as Depots/Trains/Train Control 

Centres, related to the employee’s duties, are the 

responsibility of the employer. 

• Provision must be made for any such calls to be 

billed to the respective employer unless other 

alternative arrangements are in place. 

Clothes Drying • must be provided at all locations. 

Facilities 

Iron & Ironing Board • Preferably in all individual rooms. (If not available 

inindividual rooms must be provided in a central 

location). 

Bathroom and Toilet Facilities 

• Ensuite bathroom/toilet facilities (separate soap for 

the washbasin and shower). 

Please note: Separate ensuite bathroom/toilet facilities 

must be available for each occupied bedroom. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

37 


U N 

I O N

Serviced Apartments 

• Lighted mirror in individual room and bathroom. 

• Sanitary disposal unit. 

• Clean towels (bath, hand and floor mat) and fresh 

linen are to be supplied for each use. 

Fire Safety Systems 

Equipment/Alarms 

All accommodation must comply with the relevant 

State Fire Codes for accommodation specific buildings. 

This includes (but is not limited to) Fire Alarms and 

Smoke Detectors, Sprinkler Systems, Fire Fighting 

Equipment, Fire Escapes, Emergency Exits and Signage, 

and Evacuation Procedures. 

SECTION FOUR 



38 

RAIL 

TRAM AND BUS 

U N 

I O N

Accommodation Inspection Checklist – 

Existing Barracks 

Accommodation Name/ Details: 

Address: 

Inspecting Officer: 

Contact details: 


Time: Good O.K Below None 

General Condition 

Facility is structurally sound 

Internal walls, floors and ceilings are in good repair 

Clean and tidy condition 

Located within quiet area 

Located within reasonable distance of sign-on or 

transport 

Cooking & Meal Facilities 

Cooking equipment and utensils are provided 

Cooking equipment is in good working order 

Equipment and utensils meet requirements 

Washing up facilities provided 

Utensil storage 

Adequate ventilation in cooking area 


Bed in good conditions 

Adequate bedding & linen provided 

Spare bedding is provided 

Electric blanket supplied 

Area is Carpeted 

Clock radio / alarm supplied 

Clothes hanging and storage facilities 

Bathroom Facilities 

Toilet & bathroom, with powerpoints 

Mirror supplied 

Towels 

Hot and cold water 


Regular cleaning services provided 




SECTION FOUR 

RAIL 

TRAM AND BUS 

39 


U N 

I O N

SECTION FOUR 









Air conditioning 

Table and chairs 

Television 

Refrigerator 

Direct dial telephone 

Ironing facilities 

Clothes drying 

First Aid 


Easy access to cabinets 

First aid cabinet clearly labelled 

Emergency numbers displayed 

Supply of soap and towels 

Adequate stocks 

Fire & Safety 

Extinguishers in place, clearly marked for type of 

fire and recently serviced 






Emergency contact details provided 

The above inspection found that the Barracks accommodation: 

• Does meet acceptable standards 

• Does Not meet acceptable standards 

Comments / Action Required: _____________________________________________________ 

________________________________________________________________________________ 

________________________________________________________________________________ 

________________________________________________________________________________ 

________________________________________________________________________________ 

Date / / Signature of Inspecting Officer ___________________________________ 


40 

RAIL 

TRAM AND BUS 

U N 

I O N

Accommodation Inspection Checklist – 

Motel / Apartments 

Accommodation Name/ Details: 

Address: 

Inspecting Officer: 





Minimum 3½ star rating 

Facility is structurally sound 

Internal walls, floors and ceilings are in good repair 

Clean and tidy condition 

Located within quiet area 

Located within reasonable distance of sign-on or 

transport 

Cooking & Meal Facilities 

Provides cooked meals 

Cooking equipment and utensils are provided 

Cooking equipment is in good working order 

Equipment and utensils meet acceptable standards 

Washing up facilities provided 

Utensil storage 

Adequate ventilation in cooking area 


Bed in good conditions 

Adequate bedding & linen provided 

Spare bedding is provided 

Electric blanket supplied 

Area is Carpeted 

Clock radio / alarm supplied 

Clothes hanging and storage facilities 

Bathroom Facilities 

Ensuite toilet & bathroom, with powerpoints 

Mirror supplied 

Towels and toiletries 

Hot and cold water 





SECTION FOUR 

RAIL 

TRAM AND BUS 

41 


U N 

I O N

SECTION FOUR 






Air conditioning 

Table and chairs 

Television 

Refrigerator 

Direct dial telephone 

Ironing facilities 

Clothes drying 

First Aid 

First Aid equipment is identified and located, and 

includes: 


– Easy access to cabinets 

– First aid cabinet clearly labelled 

– Emergency numbers displayed 

– Supply of soap and towels 

– Adequate stocks 

Fire & Safety 

Extinguishers in place, clearly marked for type of 

fire and recently serviced 






Emergency contact details provided 

The above inspection found that the Motel / Apartment accommodation: 

• Does meet acceptebale standards 

• Does Not meet acceptebale standards 

Comments / Action Required: _____________________________________________________ 

________________________________________________________________________________ 

________________________________________________________________________________ 

________________________________________________________________________________ 

________________________________________________________________________________ 

Date / / Signature of Inspecting Officer ___________________________________ 


42 

RAIL 

TRAM AND BUS 

U N 

I O N


Cash Handling, Robbery and 

Violence 

Cash Handling – What You Need to Know 

Risks with Cash Handling 

Any business activity handling cash and valuables, whether large or small, is at 

risk from armed robbery. It is essential, therefore that effective systems are in 

place to minimise the risk and the potential threat to the safety and wellbeing 

of workers and members of the public. 

Delegates and OHS representatives should be familiar with the cash handling and 

violence prevention policies and procedures for their workplace. This Factsheet 

simply provides general guidance and advice that should be supplemented by 

the practices and procedures of the specific workplace. 

Who is at Risk? 

Employees who handle money or valuables are at risk of violence. Bus, tram 

and rail workplaces at risk include buses and trams, stations, booking and sales 

offices, and administrative offices. 

It’s the Law! 

Obligations under NSW OHS Act require employers to provide a safe workplace 

and identify and minimize risks. If your workplace handles cash then everyone 

in the workplace should be aware of the potential for armed robbery and take 

steps to prevent workplace accidents, injuries and illnesses that may result. 

Robbery and assault are deemed as serious incidents and must be 

immediately reported to WorkCover through their serious incident reporting 

hotline: 13 10 50. 

For more information on reporting serious injuries see the Fact Sheets on 

Accident and Injury Notification. 


SECTION FOUR 


RAIL 

TRAM AND BUS 

43 


U N 

I O N

Training and Supervision 

All staff must receive training on health and safety procedures. It is also 

important to train staff on how to behave during and after a robbery or a 

violent incident. Providing training on what to expect and how to act during 

and after a violent incident or robbery can significantly reduce the effects of 

post-traumatic stress. 

Exactly what is included in the training program will depend on the types 

of safety procedures and equipment that exist in a particular work location. 

However, the following ideas may help you know what to tell your members. 

• How to be alert and identify possible suspicious behaviour 

SECTION FOUR 


• Cash handling procedures 

• Emergency procedures 

• How to make sure empoyee vision is not blocked 

• What to do during an incident 

• What to do after an incident, including who to contact 

• How to use security devices 

• Confidentiality – not telling anybody about how much money is kept on the 

premises, bus or tram. 

New staff should be trained prior to commencing duty. Existing staff should be 

given training straight away if they have not yet received it. Refresher training 

should be provided regularly or when there are changes to procedures. 

What to do after a robbery or violent incident 

After a robbery or a violent incident, employers and the person in charge at the 

time of the incident should follow a number of steps to help them deal with the 

situation. 

Person in charge at the time of the incident 

− Make sure that victims receive prompt medical attention if injured 

− Notify emergency services: Police, Ambulance. (See ‘reporting a crime’, 

below) 

− Notify your employer – if they are not on site 

− Prepare an incident report mentioning time and details 


44 

RAIL 

TRAM AND BUS 

U N 

I O N

Please note that each workplace has its own policies and procedures for cash 

handling, and for preventing and reporting workplace violence. See, for example, 

State Transit Authority Bus Operators Handbook, or RailCorp Policies and 

Procedures for details of specific procedures. 

Bus operators, for example, should complete a Transport Safety Incident 

Report (TSIR – Form 058) whenever an incident occurs that threatens safety, 

or whenever anti-social behaviour is witnessed. These do not, however, replace 

or substitute for an injury report or notification to police. 

Employee on duty at the time of the incident 

Make sure you receive prompt medical attention if injured. Notify a supervisor 

or co-worker 

• Check to see if you are suffering the symptoms of postraumatic stress. These 

include increased heart rate, insomnia, muscle tension, hypersensitivity, fear 

of returning to work, depression, grief, guilt and anxiety 

• Notify emergency services: Police, Ambulance. (See ‘reporting a crime’, 

below) 

• Notify your supervisor; or employer if they are not on site 

• Write down the time and details 

• Notify your employers’ insurer (see making a workers compensation claim 

below) 


SECTION FOUR 

RAIL 

TRAM AND BUS 

45 


U N 

I O N

Post Incident checklist 

After a robbery or violent incident victims, employers and the person in charge 

at the time of the incident should follow a number of steps to help them deal 

with the situation 

Employers Yes No 

Notify the Police 

Arrange counselling for the victim(s) suffering post traumatic stress 

Notify WorkCover immediately whether a physical injury occurs 

or not 

SECTION FOUR 


In the event of an injury, provide workers compensation insurance 

details to the injured employee 

Person in charge at the time of the incident 

Make sure that victims receive prompt medical attention if injured 

Notify emergency services: Police, Ambulance 

Notify your employer – if they are not on site 

Prepare an incident report mentioning time and details 

Employees on duty at the time of the incident 

Make sure you receive prompt medical attention if injured. 

Notify a supervisor or co-worker 

Notify emergency services: Police, Ambulance 

Notify your supervisor; or employer if they are not on site 

Write down the time and details 

Notify your employers’ insurer 

Reporting a crime 

To report a crime such as robbery in NSW: 

1. In a life threatening or time critical emergency, call 000. 

2. For non-urgent crime, phone the Police Assistance Line on 131 444. They 

will take a police report and if necessary, arrange for police to attend. 

3. You can visit your local Police Station to report a crime. 


46 

RAIL 

TRAM AND BUS 

U N 

I O N

Making a workers compensation claim 

If you are injured, physically or psychologically, during a robbery then you may 

be eligible for workers compensation. To make a workers compensation claim 

take the following steps: 

1. Give notice of the injury as soon as possible to the employer, or anyone 

designated by the employer, such as a supervisor or a manager. This can be 

in writing or verbally. It MUST be given before an injured worker leaves or 

resigns from their job. 

2. Advise your union representative. 

3. Record the injury in the Workplace Injury Register. 

4. Make an appointment to see your treating doctor. You will need to notify 

the doctor that it is a ‘long’ or ‘double consultation’ when you make the 

appointment to ensure the appropriate consultation time is available. 

Remember, your doctor’s first priority is your health so they will be 

supportive. 

5. Fill in all necessary paperwork and claim forms. KEEP A COPY OF 

EVERYTHING. 

6. If treatment is needed then get a WorkCover medical certificate. Comply 

with your Return to Work plan. 

7. You must co-operate with the insurer and attend (if necessary) a medical 

examination with a medical practitioner arranged and paid for by the 

employer in reasonable time. You have the right to choose your own 

doctor. 

8. You must notify the insurer of your nominated treating doctor (the doctor 

of your choice), and also provide up to date WorkCover medical certificates 

to the insurance company. 

If, after following all of these procedures you are still having difficulty in lodging 

a Workers Compensation claim, then contact your Union for assistance. 

See also Fact Sheets on Workers Compensation and Accident and Injury 

Notification for further information. 

Being Prepared 

There are a number of ways to reduce the risk of robberies and workplace 

violence. The methods available fall into three categories: 

• Safer working practices 

• Physical options 

• Electronic security 


SECTION FOUR 

RAIL 

TRAM AND BUS 

47 


U N 

I O N

Safer Working Practices 

• Be alert – keep an eye on people in the work area 

• Make sure you have safety, security and emergency procedures 

• Train your staff and make sure they know and follow safety procedures 

SECTION FOUR 


• Minimise cash – only keep a small amount of money in the cash register or 

cash tray 

• Where possible, bank regularly – keep a minimum amount of money on the 

premises or the bus or tram 

• Bus operators should keep cash notes out of view, and pay in cash collected 

at end of shift 

• Restrict access to cash handling areas for authorized personnel 

• Keep safes and drop boxes locked, don’t leave the keys in sight 

• Have your cash collected or do your banking at different times of the day 

• If money counters are not functioning, Bus Operators should place cash, 

with pay in slip, in a pay bag and deposit in drop safe. 

• Keep doors locked before and after business hours and, if possible, when 

counting cash 

• Don’t tell people how much cash you keep on the premises, bus or tram. 

Physical Options 

• Position the cash handling areas away from entries and exits 

• Separate the cash handling area from the general workplace 

• Make sure staff can see in and out of the work area or booking office (remove 

posters from windows) 

• Mirrors can be used to help staff see the whole work area, however, make 

sure that the mirrors do not allow potential offenders to see the cash area 

• Lighting can make the target highly visible and increase the chances of 

offender identification 

• Remove signs or obstructions that may block your vision of the cash handling 

area 

• Install counters with an elevated place for the cash register 

• Have anti jump barriers fitted in front of cash handling devices 

• Have a mini safe/drop box, cash box, strong room or other safety box fitted 

and make sure it’s out of public sight 


48 

RAIL 

TRAM AND BUS 

U N 

I O N

• Fit bullet resistant barriers or ascending ballistic screens to the cash handling 

areas 

• Block all alternative accesses to building (without blocking off a fire exit) 

• Have time delay locks fitted to all compartments and counter safes 

• Use security guards or other security guarding devices 

• Display ‘emergency numbers’ in a prominent position for staff 

• Make sure you have a first aid kit available to all staff 

• Place a coloured height chart next to the entrance of the work area 

Electronic Security 

• Closed Circuit Television (CCTV) 

• Digital Camera Surveillance and Recording 

• Still 35mm cameras mounted in predominant positions 

• Hold-up alarms fitted in all workplaces, centrally monitored and silent in 

operation 

• 24 hour perimeter alarm system 

• Camera and alarm activation points in frequently used positions 

• Note clip activators 

• Roof cavity protection 

• Mobile and fixed duress alarms 

• Cash dye bombs 

• Door alarms – to alert staff that someone is entering the premises 

Monitoring and Review 

It is important to monitor and review your security devices and safety procedures 

regularly. This should occur because the workplace can change and the devices 

can become ineffective. 

Employees should be trained and know the safety procedures, know how to use 

any security devices that have been provided in their work area. To make sure 

that these strategies work well they should be reviewed: 

• A regular basis, at least annually 

• After an incident has occurred 

• If the workplace is relocated, refurbished or renovated 


SECTION FOUR 

RAIL 

TRAM AND BUS 

49 


U N 

I O N

Cash Handling Risk Assessment Checklist 

Check these hazards against common factors that might increase the risk of 

robbery and violence using the checklist. 

Five-point Checklist 

Yes/No 

1. Do you have any form of security system (e.g. electronic sensors, 

CCTV)? 

Is it advertised to customers? 

Is it working effectively? 

SECTION FOUR 


2. Is there a clear view of the service area and cash register from 

outside that is not obstructed by signs or window displays? 

3. Do you have alarms and back up staff procedures for staff working 

alone in work areas handling cash? 

4. Do you minimise cash levels and have procedures to manage and 

bank cash? 

5. Have you or your employees been trained to detect warning signs 

of violence or robbery and how to react if there is an incident? 

If you answered NO to any of the above questions then you may need to review 

security procedures in your workplace. Consult the accompanying fact Sheet 

for tips on how to minimise the risks associated with cash handling. 

Robbery Prevention Checklist 

These steps can help to minimise the risk of violence or robbery. Do You: 

• Greet everyone who enters the work area, bus or tram. Be friendly and look 

briefly into their eyes. 

• Move away from the sales counter when there are no customers. Since 

robbers prefer to enter and leave the store quickly, if the staff are not near 

the counter, the business may be a less attractive target. 

• Keep the number of signs and counter-top displays to a minimum. Good 

visibility around the counter and from the outside will help deter thefts. 

• If someone suspicious is standing in line, ask the person ahead of them “are 

you together?” The person ahead will usually turn around and look at the 

other person. 

RAIL 


50 

TRAM AND BUS 

U N 

I O N

• Wear conservative clothes (such as your uniform). 

• Look for anyone who appears to be loitering in or around the store. If they 

do not leave, call the police and ask for a patrol to check. 

• Hire extra staff or security personnel for tasks that are assessed to be of 

higher risk. 

• Consider closing during high-risk hours (late at night, early in the 

morning). 

Avoid 

• Carrying weapons of any type. Weapons can easily be used against you and 

are illegal in some jurisdictions. 

• Staring at a person. Prolonged eye contact may be perceived as a challenge 

or threat. 

• Wearing jewellery that could be a strangulation or theft hazard. 

• Carrying cash while on duty. 

More Information 


professional or legal advice, or in place of particular policies and procedures. 

If you need clarification or further advice please consult your Union for further 

information. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

51 


U N 

I O N

Cash Handling, Robbery and Violence Checklist 

Work Design and Layout 


Is there good visibility in the work area. Are you able to see out of the 

work area clearly, and can passers-by see in? 

Are counters designed high and deep enough to provide some physical 

distance from the robber and protection for the employee (while still 

being able to serve the customer). 

Is cash stored in a location where it is clearly visible to people inside 

and outside the work area? 

Are shelves low for good visibility inside the work area?. 

SECTION FOUR 


Are all areas - inside and outside - well lit. Is lighting checked regularly 

and before it gets dark? 

Are delivery doors locked when not in use (but be sure you are not 

violating local fire code regulations when doing so)? 

Are security systems such as video surveillance cameras, mirrors, 

height markers, observation windows, etc. used and in good working 

order? 

Is the fact that security systems and measures are used prominently 

advertised in the work area?. 

Is it appropriate to consider the use of protective shielding or barriers? 

Are back entrances or authorised entry to let people in. 

Do employees have to leave the work area by walking into poorly lit, 

unobserved areas. 

Cash Handling 

Is a cash control policy and procedures in effect.? 

Have employees been instructed in cash handling procedures? 

Is a minimum amount of cash kept on the premises, bus or tram? 

Is the use of electronic payments such as credit or debit cards 

encouraged where appropriate?. 

Are the times of day that you empty the cash from machines, and 

transport of cash varied?. 

Are all large bills ($50 or $100) removed as soon as you receive them? 

Has your work area Installed and use a locked drop safe or other 

secure cash holding and storage measure?. 

Are visible signs posted to let customers and members of the public 

know that minimum cash is kept on the premises? 


52 

RAIL 

TRAM AND BUS 

U N 

I O N

Safer Work Practices 


Does your workplace have safety, security and emergency procedures? 

Are staff trained and know and follow safety procedures? 

Is banking done regularly, and a minimum amount of money kept on 

the premises, bus or tram? 

Is access to cash handling areas restricted? 

Are safes and drop boxes kept locked, and the keys kept in a secure 

location? 

Is cash collected and banking conducted at different times of the day? 

Are doors kept locked before and after business hours and, if possible, 

when counting cash? 

Physical Options 

Are the cash handling areas located away from entries and exits? 

Is the cash handling area separated from the general workplace? 

Can staff can see in and out of the cash area (remove posters or other 

obstructions from windows)? 

Are mirrors used to help staff see the whole work area and surrounds 

of the cash area? 

Is there adequate lighting that can make the target highly visible and 

increase the chances of offender identification? 

Do signs or other equipment block vision in cash handling areas of the 

workplace? 

Have anti jump barriers been fitted in front of cash handling devices? 

Has a mini safe/drop box, strong room or other safety box been fitted 

and out of public sight? 

Have bullet resistant barriers or ascending ballistic screens been fitted, 

where appropriate, to the cash handling areas? 

Are all alternative accesses to building blocked (without blocking off a 

fire exit)? 

Have time delay locks been fitted to all compartments and counter 

safes? 

Are security guards or other security guarding devices used in the work 

area? 

Are emergency numbers’ displayed in a prominent position for staff? 

Does the work area have a first aid kit available to all staff? 


SECTION FOUR 

RAIL 

TRAM AND BUS 

53 


U N 

I O N

Electronic Security 


Is Closed Circuit Television (CCTV) installed and maintained? 

Is Digital Camera Surveillance and Recording installed? 

Are surveillance cameras mounted in predominant positions? 

Are hold-up alarms fitted in all workplaces, centrally monitored and 

silent in operation? 

Is there a 24 hour perimeter alarm system? 

Are there camera and alarm activation points in frequently used 

positions? 

SECTION FOUR 


Is roof cavity protection installed? 

Are mobile and fixed duress alarms in use? 

Are cash dye bombs in use? 

Are door alarms fitted – to alert staff that someone is entering the 

premises unauthorized? 


(a) To establish appropriate workplace robbery and violence programs? 

(b) To improve robbery and violence programs in your workplace? 


54 

RAIL 

TRAM AND BUS 

U N 

I O N


Drug and Alcohol Testing 

Guidelines relating to drug and alcohol 

programs 

Individual employees are under an obligation to take reasonable care for the 

health, safety and welfare of others and to cooperate with employers in their 

efforts to comply with the requirements of the Rail Safety Act 2002 and the 

relevant occupational health and safety requirements. Accredited operators are 

responsible for ensuring that risks to health and safety in the workplace are 

identified and assessed, then eliminated or controlled. These risks include those 

posed by the use of alcohol or other drugs. 

The Guidelines promote a consistent approach across the rail sector to 

managing the risks posed by drug and alcohol use. The Guidelines set out the 

principles governing operator policies and the approaches needed to manage 

this lifestyle-related problem. The Guidelines state the context in which drug & 

alcohol testing will take place but do not prescribe the basis of that testing or 

how it is to be administered. The systems an operator needs to implement the 

Guidelines should correlate to its size and resources. 

Elements of a drug and alcohol program 

Operators, members of the public and railway employees need to have confidence 

that the safety hazards posed by alcohol and other drugs are being monitored 

and controlled in an ongoing and rigorous fashion. 

The systems used to implement an operator’s drug and alcohol program must 

embody risk management principles and may take account of the principles 

contained in: 

• AS/NZS4804: 2001, Occupational health and management safety systems 

– General guidelines on principles, systems and supporting techniques, as 

amended from time to time, 


SECTION FOUR 


RAIL 

TRAM AND BUS 

55 


U N 

I O N

• AS/NZS4801: 2001, Occupational health and safety management systems 

– Specification with guidance for use, as amended from time to time, 

• AS/NZS4360: 1999, the Australian Risk Management Standard,as amended 

from time to time, Another equivalent Standard, as amended from time to 

time. 

Programs developed by operators to manage alcohol and other drugs are to be 

based on the following principles: 

(a) Alcohol and other drug problems are to be dealt with as health and lifestyle 

problems, with an emphasis on education and rehabilitation in so far as it 

is consistent with the requirements of safety, 

SECTION FOUR 


(b) Railway employees and their representatives are to be consulted at all stages 

of program development and implementation, 

(c) Operators must inform all railway employees of their responsibilities in 

relation to the consumption or use of alcohol or other drugs which may 

adversely affect work performance or conduct, 

(d) Operators must provide practical guidelines and training to managers and 

supervisors for dealing with railway employees whose work performance 

or conduct is adversely affected by alcohol or other dsanctions, 

(e) Railway employees and their representatives must comply with all 

employer directives applicable to alcohol and other drugs in the workplace 

and cooperate fully with employers to prevent incidents arising from the 

consumption or use of alcohol or other drugs, 

(f) Railway employees who attend treatment or rehabilitation may have access 

to accrued annual leave, sick leave or leave without pay, 

(b) Personal information received from railway employees during counselling 

treatment or rehabilitation is to be treated in strict confidence, 

(a) Policies and programs developed by operators should be tailored to 

address their operational circumstances. The level of detail in a policy 

and program will reflect the size of the employer’s operations, 


56 

RAIL 

TRAM AND BUS 

U N 

I O N

Operator programs 

Operators must take the following matters into account when preparing and 

implementing an alcohol and other drug program: 

(b) Taking measures to achieve a workplace culture that supports fitness for 

work, 

(c) Reducing the effects in the workplace of the consumption or use of alcohol 

and other drugs including risks to safety and absenteeism, 

(c) Informing railway employees of the potential work related problems that 

may arise from the consumption or use of alcohol and other drugs and of 

their responsibilities in relation to safety, conduct and performance, 

(d) Establishing a system to maintain the confidentiality of all information 

communicated to them concerning alcohol and drug related problems, 

(e) Providing information to railway employees about referral to counselling, 

treatment and rehabilitation services where this is appropriate. 

Responsibilities to be required of railway employees by operators 

The training and assessment component of an operator’s program shall involve 

the operator making railway employees aware of their responsibility for: 

(a) Ensuring that they do not, by the consumption of alcohol and other drugs, 

endanger their own safety or the safety of any other person in the workplace 

or a member of the public, 

(b) Attending and resuming work not under the influence of alcohol or other 

drugs, 

(c) Notifying their manager or supervisor if they are aware that their work 

performance or conduct could be adversely affected or if there is a risk to 

the safety of themselves or other persons as a result of a prescribed or nonprescribed 

drug, 

(d) Consulting with their manager, supervisor, union or occupational health and 

safety representative if they are concerned about other railway employees 

because of a perceived safety risk, 

(a) Following the operator’s directives and rules applicable to alcohol and drugs 

in the workplace and also in respect of rehabilitation programs endorsed by 

the operator. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

57 


U N 

I O N

Elements of an alcohol and other drug program 

As a minimum, the program shall consist of the following elements: An alcohol 

and other drug policy 

A policy that outlines the operator’s aims in relation to alcohol and other drug 

use with the objectives linked to the reduction of hazards and risks associated 

with alcohol and other drug use. The policy may also detail the ‘supporting 

measures’ including strategies and action plans to meet the objectives. 

‘Supporting measures’ 

The ‘supporting measures’ for an alcohol and other drugs program shall include 

information and procedures on the: 

SECTION FOUR 


(a) Measures to reduce alcohol and other drug related problems in the 

workplace through proper personnel management, good employment 

practices, improved working conditions and the proper arrangement of 

work, 

(b) Measures to prohibit or restrict the availability of alcohol and other drugs 

in the workplace, 

(c) Prevention of alcohol and other drug related problems in the workplace 

through information, education, training and other means. 

Guideline 6.1 contains some matters that the program should include, 

(d) Identification, assessment and referral of those who have alcohol or other 

drug related problems, (e) Measures relating to intervention and the 

treatment and rehabilitation of individuals with alcohol or other drug 

related problems, (f) Rules governing conduct in the workplace relating to 

alcohol and other drugs, the violation of which could result in the invoking 

of disciplinary and or criminal proceedings. 

Alcohol and other drug testing 

An operator shall satisfy itself that it has adequate arrangements in place for 

the testing of the railway employees under its control. 

The pro-active management of risk may involve the targeted or random testing 

of railway employees. Whenever targeted or random testing is implemented, 

the operator’s program shall require that: 

(a) Targeted testing be conducted in a manner that maximises its effectiveness 


58 

RAIL 

TRAM AND BUS 

U N 

I O N

as a control for the risks posed by the consumption of alcohol or drugs, 

(b) Random testing be conducted in a manner that maximises its effectiveness 

as a control for the risks posed by the consumption of alcohol or drugs. 

Measures to achieve this end may include, 

(i) The conduct of random tests on a pre and post sign-on basis for all 

persons engaged in railway safety work without the giving of prior 

notification for such testing, 

(ii) The conduct of random tests according to the provisions of the Rail 

Safety (Drug and Alcohol Testing) Regulation 2003 or the provisions 

of a registered industrial agreement, 

(iii) Administering of random urine tests to accordingAS/NZS4308:2001: 

Procedures for the collection, detection and quantitation of drugs 

of abuse in urine. The Australian Standard sets out the procedures 

for the sample collection and detection and quantitation of drugs 

of abuse in human urine. The method may be used for workplace 

detection of any or all of the following classes of drugs: opiates, 

sympathomimetic amines, cannabis metabolites, cocaine metabolites 

or benzodiazepines, 

(c) Periodic assessments by an operator of the effectiveness of its drug and 

alcohol testing according to accepted risk management principles. 

Disciplinary action, fair procedures, education and assistance 

An alcohol and other drug program must clearly set out the: 

(a) Sanctions applicable in the event of breaches of its requirements. This 

would include sanctions consequent upon a first breach of the program or 

where a railway employee refuses or fails to fully comply with the terms of 

a rehabilitation program agreed with the operator, 

(b) Rules governing the application of the sanctions, including rievance 

resolution and appeal mechanisms, 

(c) Protocols for fair procedures agreed with railway employees and their 

representatives, 

(d) Education and assistance available to a railway employee who self identifies 

as someone whose consumption of alcohol or other drugs could impair his 

or her ability to safely undertake railway safety work, 


SECTION FOUR 

RAIL 

TRAM AND BUS 

59 


U N 

I O N

(e) Protocols for fair procedures, education and assistance available to a railway 

employee who tests positive for the presence of a drug where: 

(i) 

(ii) 

The drug has been prescribed by a medical practitioner for the 

person or purchased by the person in respect of an identified medical 

condition, and 

The person has taken the medication according to the instructions of 

the medical practitioner or the instructions given on the label of the 

medication, and 

(iii) The person taking the medication gave full and timely warning to his 

or her supervisor of this, and (iv) The person was rostered for duty 

when testing took place. 

SECTION FOUR 


See Nation al Medical Standards guidelines for sources of information/ 

additional reading 


60 

RAIL 

TRAM AND BUS 

U N 

I O N

OHS Drug & Alcohol Checklist 


Are there risks from drug and alcohol from clients, public or colleagues 

at your workplace? 

Is there a drug and alcohol policy in your workplace? 

Does the workplace regularly monitor and control drug and alcohol 

risks? 

Is there a workplace drug and alcohol program in place? 

Does your workplace provide regular drug and alcohol information 

and/or training programs? 

Is a drug and alcohol rehabilitation program in place? 

Are employees and their representatives consulted on the drug and 

alcohol program implementation? 

Are communications with employees maintained confidentially in 

relation to drug and alcohol related problems? 

Are employees trained and assessed in relation to their responsibilities 

relating to consumption of drugs or alcohol? 

Are there appropriate measures in place to reduce drug and alcohol 

related problems in the workplace? 

Does the workplace provide adequate drug and alcohol testing? 

Are procedures and protocols for identifying and sanctioning 

employees who test positive fair? 

Are employees clearly informed of sanctions and support measures in 

relation to drug and alcohol breaches? 

Are disciplinary, sanctions and rehabilitation measures regularly 

monitored and reviewed? 


(a) To establish appropriate workplace drug and alcohol programs? 

(b) To improve drug and alcohol programs in your workplace? 


SECTION FOUR 

RAIL 

TRAM AND BUS 

61 


U N 

I O N


Fatigue Management 

Guidelines relating to the management 

of fatigue 

SECTION FOUR 


Fatigue has been recognised as a hazard in the transportation industry for 

many years. Much research has gone into examining how operators can 

manage fatigue. A number of factors have been identified as contributors to 

the condition. But the management of fatigue is not an exact science and the 

impact of fatigue factors will vary from person to person. The Guidelines have 

been drafted with this in mind. Operators fully complying with the OH&S 

legislation would already be taking steps to manage workplace fatigue, but 

the Rail Safety Act 2002 (‘the Act’) imposes additional requirements because 

of the potential impacts fatigue could have on passengers and members of the 

public. 

Penalties Section 43 and Schedule 2 of the Act accordingly impose a substantial 

duty on operators to manage workplace fatigue. Substantial penalties apply 

for those not complying with the provisions of the Act or the Guidelines, up 

to $28,000 for a corporation and $5,500 for individuals, as well as penalties 

under an operator’s accreditation. 

Statements of principle 

Operators and railway employees must have a flexible approach in developing 

and managing programs that will: 

(a) Take ongoing advantage of new developments in research and technology, 

(b) Consider the needs of railway employees, 

(c) Consider the needs of operators, 

(d) Be implemented over a wide range of operating conditions. 

TRAM AND BUS 


62 

RAIL 


U N 

I O N

Operators have a responsibility to establish and maintain working conditions 

that allow: 

(a) Railway employees sufficient opportunity to obtain adequate rest between 

shifts, and 

(b) Alertness to be sustained throughout their period of duty. 

Operators must place a duty on railway employees to report for work rested 

and fit for duty. 

Fatigue management programs 

Fatigue management programs should aim to achieve the following: 

(a) Reduce fatigue and improve the on-duty alertness of railway employees, 


(b) Reflect the nature of the operations conducted by the operator including 

operating conditions. 

Operators shall ensure that railway employees and their designated 

representatives are consulted in the development and implementation of fatigue 

management programs, including the making of changes to such programs. 

Fatigue management programs shall consider, but not be limited to, the 

following: 

(a) The risks associated with the particular form of railway safety work, 

(b) Railway employee work scheduling practices, including relief arrangements 

to cover absences, 

(c) Physiological factors of railway employees, 

(d) Education and training, 

(e) On-the-job alertness strategies, 

(f) Rest environments provided by the employer (eg. sleeping facilities located 

aboard a locomotive or in a depot), 

(g) Work environments, 

(h) Working under unusual, unpredictable or emergency operating conditions, 

(i) Variations in shift and rest scheduling required by different routes, 

(ii) Scheduling of shift and rest periods. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

63 


U N 

I O N

The systems used to implement an operator’s fatigue management program 

may take account of the principles contained in: 


– General guidelines on principles, systems and supporting techniques, as 

amended from time to time, 


– Specification with guidance for use, as amended from time to time, 

• AS/NZS4360: 1999, the Australian Risk Management Standard, as amended 

from time to time, 

• Another equivalent Standard, as amended from time to time. 

SECTION FOUR 


Reporting requirements 

An operator shall satisfy itself that employee hours of work are monitored for 

fatigue on an ongoing basis. 

In its internal auditing, an operator shall monitor the implementation of its 

fatigue management plan using quantitative measures. 

Sources of information on fatigue 

management 

There are a number of sources (and Internet sites) from which information on 

fatigue management practice and research can be obtained. These include: 

National Governments 

The following publish a wide range of investigation, policy and research 

papers in the area of fatigue management: 

• Australian Transport Safety Bureau: www.atsb.gov.au 

• National Transport Commission (formerly the National Road Transport 

Commission): www.ntc.gov.au 

• National Transportation Safety Board of the United States: www.ntsb.gov 

• National Aeronautics and Space Administration of the United States: 

www.nasa.gov 

• Transport Canada: www.tc.gc.ca 


64 

RAIL 

TRAM AND BUS 

U N 

I O N

State Governments 

• New South Wales Independent Transport Safety and Reliability Regulator: 

www.transportregulator.nsw.gov.au 

Peak union organisations 

The New South Wales Labor Council publishes detailed fact sheets and policies 

to assist employers and employees in the workplace. These have been developed 

with the assistance of various NSW Government agencies. 

The Labor Council Policy on Managing Alcohol, Other Drugs and Fatigue 

in the Workplace for Employees covered by the Rail Safety and Passenger 

Transport Acts has been endorsed by the ITSRR as a compliant policy for 

the purposes of these Guidelines. For fact sheets: www.unionsafe.labor.net. 

au/safety_reps/ For policies: www.unionsafe.labor.net.au/officials/index 

Peak industry associations 

• New South Wales Minerals Council: www.nswmin.com.au 

Research bodies 

• Centre for Sleep Research, University of South Australia: 

www.unisa.edu.au/sleep/ 

• Injury Risk Management Research Centre, University of New South Wales: 

www.irmrc.unsw.edu.au 

• Minerals Industry Safety & Health Centre, University of Queensland: 

www.mishc.uq.edu.au 

• Sleep Health & Respiratory Support Clinic, Royal Prince Alfred Hospital: 

www.rpasleep.org.au www.sleepsydney.org 

Historical note 

The Guidelines were first gazetted on 29 August 2003. Passage of the 

Transport Legislation Amendment (Safety and Reliability) Bill later that year 

made re-gazettal of the Guidelines necessary to reflect the new designation of 

the safety regulator, ITSRR. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

65 


U N 

I O N


Hazardous Materials and 

Substances 

SECTION FOUR 


Chemicals have an important effect on our everyday lives. Most of these 

effects are beneficial when chemicals are used correctly, but when 

misused or used incorrectly chemicals can have a damaging effect on 

the plant, people and the environment. The NSW OHS Regulation 2001 defines 

a range of workplace chemicals and substances considered hazardous. 

Identifying Hazardous Materials 

• Some materials are hazardous at all times because of their properties e.g. 

petrol, acids and poisons 

There are many regulations controlling the safe handling of these materials. 

They must be properly contained. 

• Some materials are not dangerous at all times because of the state of the 

material. They are only dangerous at certain times e.g. molten metal or boiling 

water (dangerous because of the high temperatures. At room temperature 

the hazard would not exist). 

Dangerous materials have been classified by the United nations and each 

given a code number. The DANGEROUS GOODS ACT regulates how 

these materials should be contained, labelled and moved. There are also 

regulations on the action to be taken in an emergency. 

General Legal Requirements 

Under the NSW workplace safety laws employers must obtain and provide 

information to all their employees on all chemicals used in the work place. 

This information must include the health effects and what Personal Protective 

Equipment (PPE) must be used. These information sheets are called Material 

Safety Data Sheets (MSDS). (see sheet 2) 

TRAM AND BUS 


66 

RAIL 


U N 

I O N

The NSW OHS Regulation 2001 -Clause 51 states that the employer 

must ensure that no person at a place of work is exposed to an airborne 

concentration of an atmospheric contaminant that exceeds or breeches a 

standard referred to on page 5 of this fact sheet. 

Clause 163 of the NSW OHS regulation states that the employer must ensure 

that labels are provide on every single substance/chemical in the workplace, 

even if it is decanted. 

The Hazardous Substances Regulation requires employers (and the selfemployed) 

to control exposure to ensure that the exposure of an employee, 

or other persons at the workplace to hazardous substances is prevented, or 

if that is not practicable, minimised. 

The Pesticides Act 1999 sets requirements relating to the supply, use and 

possession of pesticides and fumigants. 

All employers are required to identify all workplace risks and put in place 

control measures to eliminate or reduce the risks. 

Material Safety Data Sheets 

A material safety data sheet (MSDS) is an information bulletin (normally 3 - 

4 pages) which tells you everything you need to know about the chemical. 

It gives advice on: 

• identifying the product 

• the effects of the product on health 

• first aid 

• precautions for use 

• safe handling and storage 

A Material Safety Data Sheet is available for every hazardous chemical. These 

are out in the workplace for your benefit. 

You should read the MSDS before using any chemical. 

MSDS must be made available to employees who may be exposed to the chemical 

in use. Employers must ensure that an MSDS is available for each hazardous 

substance used by each employee. This access may be required: 

• During training (including induction) 

• During consultation before the introduction of a new substance 

• When an employee is working with or near the chemical. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

67 


U N 

I O N

At each work site or designated work area, where hazardous substances 

are stored or mixed, ensure that: 

• Employees have easy access to an MSDS for each substance stored or used 

• The most recent edition of the MSDS is available (check every five years) 

• Any information retrieval system for MSDS is kept in working order 

Employees are trained on how to access and understand the information. 

Labelling 

Hazardous materials are divided into classes and labelled very clearly. 

SECTION FOUR 


As well as the class symbol, the following must be on the label: 

• the United Nations number of each of the hazardous goods in the package 

(UN Number) 

• the class label for each of the hazardous goods in the package 

• the name and address in Australia of the manufacturer, agent or consignor 

of the hazardous goods. 

Clause 163 of the NSW OHS regulation states that the employer must 

ensure that labels are provide on all chemicals. 

Hazardous substances, dangerous goods and poisons, all have similar labeling 

provisions. Chemical labels show the active ingredients and indicate other 

hazardous or dangerous ingredients (e.g. by showing the dangerous goods 

“diamond” symbol). Some containers of Chemicals have labels that contain 

extensive information in booklet form that is inserted into an envelope or 

pocket on the container. These booklets should be returned to the envelope 

or pocket after use for future reference. Some gas cylinders have tags, which 

display the relevant information. 

If the chemical is not labelled do not touch it and inform the appropriate 

Supervisor immediately. 

Packaging 

Hazardous chemicals should always be packaged in an approved container. 

Example: Acetylene in a gas cylinder Solvents in a closed metal drum 

Do not move hazardous chemicals in a container which is not an 

approved type. 

All containers should be in good condition. If you suspect they may be 

damaged, do not use them. 


68 

RAIL 

TRAM AND BUS 

U N 

I O N

Safety Equipment 

There are regulations specifying the correct safety equipment you must 

use when handling hazardous materials. 

Example: 

Eye and face protection (goggles and face shield) 

Breathing canisters 

Protective clothing (gloves, overalls, boots) 

Consult the Material Safety Data Sheets for this information. 

Exposure standards and air monitoring 

The Hazardous Substances Regulation requires employers (and the selfemployed) 

to control exposure to ensure that the exposure of an employee, 

or other persons at the workplace to hazardous substances is prevented, or if 

that is not practicable, minimised. 

Clause 51of the NSW OHS regulation states that the employer must ensure 

that no person at a place of work is exposed to an airborne concentration 

of an atmospheric contaminant that exceeds or breeches a standard 

referred to in the Worksafe Australia publication Exposure Standards 

for Atmospheric Contaminants in the Occupational Environment. This 

is relevant where inhalation is the main route of entry. The exposure 

standard is also given in the MSDS, if a standard has been allocated. 

If spraying produces particles in the air, like vapours or aerosols, then when 

doing a risk assessment it may be appropriate to assume that the airborne 

exposure standard is likely to be exceeded and that control measures such as 

respirators or other PPE are necessary.. 

If there is uncertainty about risks, it may be necessary to measure airborne 

concentrations and compare these with the mandatory exposure standards. 

This may be useful for fixed locations such as indoors or situations of offlabel 

use. Care must be taken when applying these to outdoor situations 

where conditions are variable, such as changes in the wind. 

Personal protective equipment (PPE) for exposure to chemicals 

PPE should only be relied upon where it is not possible to control exposure 

by one or more of the above measures. PPE should be used: 


SECTION FOUR 

RAIL 

TRAM AND BUS 

69 


U N 

I O N

• According to instructions on the label and the MSDS 

• In an open field situation where engineering controls are not available; 

• When mixing, decanting or spraying; 

• In some circumstances as a back up for other control measures. 

Selection, Use and Maintenance Of Personal Protective Equipment 

Employers should ensure that: 

• All PPE is appropriate for the task; 

• All PPE is suitable for the wearer; 

• PPE is readily available, clean and in fully operational condition; 

SECTION FOUR 


• Employees are trained in the use of the PPE, including the selection and 

maintenance (and where appropriate when to discard disposable PPE); 

• Employees wear the PPE as intended 

Handling Equipment 

When lifting or moving hazardous chemicals it is important to use the correct 

equipment and follow established procedures. This is to minimise spillage, and 

any damage, contamination or injury which could result. If the equipment you 

need is not available, do not use second best, wait until you can get the proper 

equipment. 

Storage 

There are regulations for storing hazardous chemicals. 

Example: Flammable material must be stored in a flameproof 

cupboard or in a separate compound. 

Make sure the hazardous chemicals are stored in an approved store. You may 

be allowed to store small quantities of chemicals on the workshop while you 

are using them. However, they must be returned to the store and not left outside 

overnight. 


70 

RAIL 

TRAM AND BUS 

U N 

I O N

Hazard Classifi cation and Control 

Hazardous chemicals are classified according to the types of risks they represent. 

Common classifications are as follows: 

Poisons 

Corrosive 

Exposure causes permanent damage to internal 

organs 

Most common type amongst chemicals onsite 

These include detergents. Exposure can cause burns, irritation which 

normally subsides after exposure is eliminated 

Flammable Liquids Can ignite with a spark etc. 

Flammable Gas Gases in cylinders 

Emergencies 

If you follow all the approved safety procedures, the risk of accidents should 

be minimised. However, they still happen, and it is important that you are 

prepared for an emergency and aware of relevant emergency procedures. 

You should know the emergency action plan for any dangerous materials 

you are handling before you touch it. 

It may be on the label of the chemical or on a wallchart. 

If you spill a hazardous chemical you should immediately contact the person 

responsible for emergency action. In some cases, this may be the fire brigade. 

The emergency action plan to be followed is: 

• Warn all those around you of the danger 

• Take any immediate steps possible to contain the danger 

• Contact the person responsible for emergency action 

• If in doubt, dial 000 

• Do not try to correct the problem yourself unless you are trained to do so. 

Your responsibility is to warn others of the danger and get the right people 

to solve the problem. 

Fill in the Respirator checklist to see if your workplace has adequate Personal 

Protective Equipment. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

71 


U N 

I O N

Respirator checklist 

Are approved respirators provided for regular or emergency use where needed? 

Yes 

No 

Where needed for emergency use, are respirators stored in a convenient, clean, and sanitary 

location? 

Yes 

No 

Are respirators intended for emergency use adequate for the various uses for which they may 

be needed? 

Yes 

No 

Are there written standard operating procedures for the selection and use of respirators 

where needed? 

SECTION FOUR 


Yes 

No 

If you have a respirator program, are employees instructed on the correct use and limitations 

of respirators? 

Yes 

No 

Personal protective equipment checklist 

Are hazards that require the use of personal protective equipment (PPE) present or are they 

likely to be present? 

Yes 

No 

Has appropriate PPE been selected for hazardous tasks? 

Yes 

No 

Have employees been trained in PPE procedures – for example, which PPE is necessary for a 

job, when to use it and how to properly adjust it? 

Yes 

No 

Are protective goggles or face shields provided and worn where there is any danger of flying 

particles or corrosive materials? 

Yes 

No 

Are approved safety glasses required to be worn at all times in areas where there is a risk of 

eye injuries, such as punctures, abrasions, contusions or burns? 

Yes 

No 

Are employees who need corrective lenses (glasses or contacts) required to wear only approved 

safety glasses or protective goggles, or to use other medically approved precautionary 

procedures? 

Yes 

No 


72 

RAIL 

TRAM AND BUS 

U N 

I O N

If there is a danger of cuts or exposure to corrosive liquids, chemicals, blood or other 

potentially infectious materials, do employees wear protective gloves, aprons, or shields? 

Yes 

No 

Is appropriate foot protection required where there is the risk of foot injuries from hot, 

corrosive, or poisonous substances: falling objects: or crushing or penetrating actions? 

Yes 

No 

Is all protective equipment maintained in a sanitary condition and ready for use? 

Yes 

No 

Are adequate work procedures, protective clothing and equipment provided and used when 

cleaning up spilled toxic or otherwise hazardous materials or liquids? 

Yes 

No 

The checklists on the following pages may assist with a risk assessment on 

hazardous chemicals in your workplace. They cover training and industry 

risks. 

Training and procedures checklist 

Do you have eyewash facilities and a quick-drench shower within the work area where 

employees are exposed to corrosive materials? 

Yes 

No 

Are food and beverages consumed only in areas where there is no exposure to toxic material, 

blood or other potentially infectious materials? 

Yes 

No 

Are there appropriate procedures in place for disposing of or decontaminating personal 

protective equipment contaminated with or reasonable anticipated to be contaminated with 

blood or other potentially infectious materials? 

Yes 

No 

Are employees trained in the safe handling practices of hazardous chemicals, such as acids 

and caustics? 

Yes 

No 

Are employees aware of the potential hazards involving various chemicals stored or used in 

the workplace, including acids, bases, caustics, epoxies, and phenols? 

Yes 

No 

Is employee exposure to chemicals within acceptable levels? 

Yes 

No 

Are all containers, such as vats and storage tanks, labeled as to their contents? 

Yes 

No 


SECTION FOUR 

RAIL 

TRAM AND BUS 

73 


U N 

I O N

Are flammable or toxic chemicals kept in closed containers when not in use? 

SECTION FOUR 


Yes No 

Are chemical piping systems clearly marked as to their contents? 

Yes No 

Where corrosive liquids are frequently handled in open containers or drawn from storage 

vessels or pipelines, are adequate means readily available for neutralizing or disposing 

Yes No 

Have standard operating procedures been established for cleaning up chemical spills? 

Yes No 

Are you familiar with the threshold limit values or permissible exposure limits of airborne 

contaminants and physical agents used in your workplace? 

Yes No 

Have you instituted control procedures for hazardous materials, where appropriate, such 

as respirators, ventilation systems, and handling practices? 

Yes No 

Whenever possible, are hazardous substances handled in properly designed and exhausted 

booths or similar locations? 

Yes No 

Do you use general dilution or local exhaust ventilation systems to control dusts, vapors, 

gases, fumes, smoke, solvents, or mists that may be generated in your workplace? 

Yes No 

Is ventilation equipment provided for removal of contaminants from such operations as 

production grinding, buffing, spray painting, and vapor degreasing? 

Yes 

No 

Industry risks checklists 

Do employees complain about dizziness, headaches, nausea, irritation, or other signs of 

discomfort when they use solvents or other chemicals? 

Yes No 

Do employees complain about dryness, irritation, or sensitization of the skin? 

Yes No 

Have you considered using an industrial hygienist or environmental health specialist to 

evaluate your operation? 

Yes 

No 

If internal combustion engines are used, is carbon monoxide kept within acceptable levels? 

Yes No 

Are materials that give off toxic asphyxiant, suffocating, or anesthetic fumes stored in 

remote or isolated locations when not in use? 

Yes 

No 


74 

RAIL 

TRAM AND BUS 

U N 

I O N

Hazardous Substances Checklist 

Training and Procedures Yes NO 

Do you have eyewash facilities and a quick-drench shower within the 

work area where employees are exposed to corrosive materials? 

Are food and beverages consumed only in areas where there is no 

exposure to toxic material, blood or other potentially infectious 

materials? 

Are there appropriate procedures in place for disposing of or 

decontaminating personal 

protective equipment contaminated with or reasonable anticipated to be 

contaminated with blood or other potentially infectious materials? 

Are employees trained in the safe handling practices of hazardous 

chemicals, such as acids and caustics? 

Are employees aware of the potential hazards involving various 

chemicals stored or used in the workplace, including acids, bases, 

caustics, epoxies, and phenols? 

Is employee exposure to chemicals within acceptable levels? 

Are all containers, such as vats and storage tanks, labeled as to their 

contents? 

Are flammable or toxic chemicals kept in closed containers when not in 

use? 

Are chemical piping systems clearly marked as to their contents? 

Where corrosive liquids are frequently handled in open containers or 

drawn from storage 

vessels or pipelines, are adequate means readily available for neutralizing 

or disposing of spills or overflows? 

Have standard operating procedures been established for cleaning up 

chemical spills? 

Are you familiar with the threshold limit values or permissible exposure 

limits of airborne contaminants and physical agents used in your 

workplace? 

Have you instituted control procedures for hazardous materials, where 

appropriate, such as respirators, ventilation systems, and handling 

practices? 

Whenever possible, are hazardous substances handled in properly 

designed and exhausted booths or similar locations? 

Do you use general dilution or local exhaust ventilation systems to 

control dusts, vapors, gases, fumes, smoke, solvents, or mists that may be 

generated in your workplace? 

Is ventilation equipment provided for removal of contaminants from such 

operations as production grinding, buffing, spray painting, and vapor 

degreasing? 


SECTION FOUR 

RAIL 

TRAM AND BUS 

75 


U N 

I O N

Workplace Risks Yes No 

Do employees complain about dizziness, headaches, nausea, irritation, or 

other signs of discomfort when they use solvents or other chemicals? 

Do employees complain about dryness, irritation, or sensitization of the 

skin? 

Have you considered using an industrial hygienist or environmental 

health specialist to evaluate your operation? 

If internal combustion engines are used, is carbon monoxide kept within 

acceptable levels? 

Are materials that give off toxic asphyxiant, suffocating, or anesthetic 

fumes stored in remote or isolated locations when not in use? 

SECTION FOUR 



(a) To establish appropriate workplace workers hazardous substances programs? 

(b) To improve workers hazardous substances programs in your workplace? 


76 

RAIL 

TRAM AND BUS 

U N 

I O N


Bullying and harassment 

in the workplace 

Defi ning bullying and workplace violence 

Everyone in the workplace deserves to be treated with dignity and respect. No 

one should suffer bullying or harassment while going about their work. 

There is a risk of bullying occurring wherever people work together. Bullying 

is not always intentional. Bullying is the result of unreasonable behaviour. It is 

important that people are aware of what bullying behaviour is and the impact 

it has on their co-employees. 

Workplace bullying is repeated, unreasonable behaviour directed toward an 

employee, or group of employees, that creates a risk to health, safety and 

welfare. 

Examples of workplace bullying or 

unacceptable Behaviour 

• The following types of behaviour, where repeated or occurring as part of 

pattern behaviour, that could be considered bullying: 

• Being overloaded with work, or not being given enough work to do; 

• Being required to perform tasks without proper training or instruction, and 

which may place a employee at risk from injury; 

• Unreasonable overtime, unfair rostering, allocation of work or being asked 

to perform non-work related tasks; 

• Being excessively supervised or criticised; 

• Subjected to constant ridicule and being put down in front of coemployees; 

• Damage or interference with personal belongings, sabotage or undermining 

of work; 


SECTION FOUR 


RAIL 

TRAM AND BUS 

77 


U N 

I O N

SECTION FOUR 


• Being the victim of loud and abusive, threatening or derogatory language 

usually when co-employees are present; 

• Open or implied threat of the sack, or demotion or being pressured to 

resign; 

• Creation of an oppressive and/or unhappy work environment to coerce or 

intimidate employees; 

• Intimidation or threats to employees not to report or complain about 

conditions, unacceptable behaviours or health, safety and welfare; 

• Leaving offensive messages on email or by telephone; 

• Maliciously excluding and isolating a person from workplace activities, 

and promotional opportunities; 

• Humiliating a person through gestures, or sarcastic, racist, or derogatory 

comments, often in front of clients, management or co-employees; 

• Spreading gossip, false or malicious rumours about a person with intent to 

cause damage to a employee’s employment or reputation; 

• Inequitable use of performance management. 

The effects of bullying 

The impact of bullying harassment or unacceptable behaviour can lead to 

severe psychological damage to an employee. Studies have shown that bullying 

is estimated to cost Australian firms $13 billion a year. 

Management has a legal obligation under the OH&S Act to have in place 

control measures to prevent psychological hazards. Bullying and harassment is 

a psychological hazard. 

Employers need to put in place proper policies, procedures and training of 

supervisors and managers in the management of workplace relationships. 

On the individual 

Victims of Bullying may experience any of the following effects on their lives: 

• Anti social behaviour that impacts on the family and other relationships of 

the victim 

• Anxiety, depression and self-blame 

• Disempowerment 

• Anger and irritability 


78 

RAIL 

TRAM AND BUS 

U N 

I O N

• Loss of concentration 

• Loss of self esteem and lowered self-confidence 

• Panic attacks 

• Uncertainty of self 

• Post traumatic stress disorder 

• Medical/Physical Stress-related illnesses and headaches 

• Stomach disorders and skin rashes 

• Lethargy and sleep disturbance 

• Loss of income, including loss of potential income 

• Reluctance to go to work 

• Actively seeking other positions 

• Pressured to take jobs below his or her capacity 

Other workers 

• Other workers are also affected by bullying by: 

• Creation of a hostile work environment 

• Employees feeling insecure and anxious 

• Low staff morale 

• Adverse affects on well being of others at work 

• Absenteeism 

• Constant flow of new employees 

• Poor work output 

On organisations 

• An organisation is affected through: 

• Loss of time and skills due to sickness and staff conflict 

• Continual staff turnover 

• Continual re-skilling 

• Loss of productivity 

• Loss of reputation in the market place and customers 

• Early retirement costs 

• Workers compensation claims and insurance premiums 

• WorkCover fines for breaches of OH&S Act and Regulation. 

• Loss of income support and related government benefits 

• Creation of a ‘toxic’ work environment 


SECTION FOUR 

RAIL 

TRAM AND BUS 

79 


U N 

I O N

Bullying and the law 

There are a range of laws that can be applied, depending on the nature and type 

of bullying. 

No Australian law specifically defines workplace bullying. However, there are 

several laws that make various forms of bullying behaviour unlawful. The 

combined effect of these laws means that bullying can be defined as behaviour 

that: 

• Offends, humiliates or intimidates someone; and 

• Could put that person or someone else’s health safety or welfare, including 

that person’s psychological welfare, at risk. 

SECTION FOUR 


It is a problem that employers and workers often do not realize that their 

behaviour is illegal. Another problem is that the behaviour can sometimes be 

difficult to prove. 

Occupational health and safety legislation 

Under NSW Occupational Health and Safety laws employers must provide 

safe workplaces. It is an offence for an employer or a worker to fail to take 

reasonable care for the safety of others at the workplace. It also includes the 

employer taking practical steps to identify, assess and control reasonably 

foreseeable psychological risks. 

Clause 9 (2) (b) of the OH&S regulations 2001 requires employers to identify 

Psychological Hazards. Clause 11 of the OH&S regulations 2001 requires 

employers to eliminate risks arising from hazards. 

If these risks are not managed then an employer may have action taken against 

them for a breach of the Occupational Health and Safety Regulations. 

A psychological injury does not have to occur for an employer to be in breach 

of OHS law. Failure to have a safe system of work is enough to be charged and 

prosecuted. 

One of the objectives of the NSW OHS Act 2000 (Part 1 sec 3c) is to “promote 

a safe and healthy environment for people at work that protects them from 

injury and illness and that is adapted to their physiological and psychological 

needs.” 


80 

RAIL 

TRAM AND BUS 

U N 

I O N

Workers compensation legislation 

If you are being bullied or harassed at work, you may suffer physical or 

psychological injury such as a stress related illness. If you become unwell as a 

result of inappropriate management action, you may be able to make a claim 

under the NSW Workers Compensation and Injury Management Act 2000. 

Under workers compensation laws, psychological injury can be compensated if 

work contributes to the injury or aggravates an existing injury. The workplace 

does not have to be the dominant or the only cause, but it must be a substantial 

cause of the injury. 

See the Fact Sheets on Workers Compensation for more information. 

Discrimination 

If you are being bullied or harassed on the basis of your race, sex, pregnancy, 

marital status, religious belief, homosexuality, disability, union membership or 

a range of other things covered by antidiscrimination law you could take legal 

action on the basis of discrimination in the workplace. 

If workers believe that they are being harassed because of their gender, sexual 

preference, race, or disability other legislation that may be relevant includes: 

• Human Rights and Equal Opportunity Commission Act 1986, which 

prohibits workplace harassment on the following grounds: Political 

opinion, social origin, medical record, criminal record, trade union activity 

and religion. 

• Racial Discrimination Act 1975, which prohibits workplace harassment on 

the following grounds: Race, colour and nationality. 

• Sex discrimination Act 1984, which prohibits workplace harassment on the 

following grounds: Sex, marital status and pregnancy. 

• Disability Discrimination Act 1992, which prohibits workplace harassment 

on the following grounds: Disability and impairment. 

Investigations into complaints made under these acts are conducted by the 

Human Rights and Equal Opportunity Commission (HREOC). 


SECTION FOUR 

RAIL 

TRAM AND BUS 

81 


U N 

I O N

This Commission is only able to investigate complaints of discrimination in 

specific areas of public life. It happens when: 

• Someone is treated less favourably than another person; and 

• The reason for that treatment is his or her sex, race, disability or age. 

You should note that it is not enough that a person is unhappy with the treatment 

that they have received and that he or she has a disability, or is of a particular 

race, sex or age. You would need to be able to show a connection between that 

treatment and your race, sex, disability or age. 

SECTION FOUR 


Under the Human Rights and Equal Opportunity Commission Act 1986 the 

Commission can also investigate allegations of specific types of discrimination 

in the area of employment and occupation, based on grounds such as: 

• Age 

• Religion 

• Political opinion 

• Sexual preference-heterosexual, homosexual, bi-sexual 

• Social origin 

• Trade union activity 

• Criminal record. 

More information is available from the Human Rights and Equal Opportunity 

Commissions website at http://www.hreoc.gov.au 

Unfair dismissal 

If you feel you have to resign because persistent bullying has made your life 

miserable at work and you feel you have no other choice, you may be able 

to make an unfair dismissal claim against your employer. Under Industrial 

Relations Law this could be considered as “constructive dismissal”. 


82 

RAIL 

TRAM AND BUS 

U N 

I O N

Civil claim for damages 

Workplace bullying is often subtle or hidden. Those with little direct experience 

of bullying may find it difficult to identify. Employers should not assume that the 

workplace is free of bullying simply because there are no immediately obvious 

signs. There are a number of risk factors that can increase the likelihood of 

bullying occurring in a workplace. 

• Bullying risk factors can be revealed through: 

• Reports from health and safety representatives 

• Workplace audits 

• Organisational climate/employee opinion surveys 

• Issues raised by workplace health and safety committees 

Note: If an allegation of bullying is made, or an incident is observed, employers 

should act promptly to resolve the situation. 

Indirect signs of bullying 

In a workplace, bullying can sometimes happen indirectly. Because the signs of 

bullying may not always be connected with bullying, they need to be examined 

within the overall context of the whole organisation. 

Indirect signs of bullying may include: 

• Employees leaving the organisation reporting dissatisfaction with working 

relationships (e.g. at exit interviews) 

• High levels of absenteeism associated with particular shifts 

• An increase in workplace grievances or complaints 

• Negative results from employee surveys 

• High levels of staff turnover 

• Issues raised at staff meetings 

• Deterioration of relationships between colleagues, customers or 

management 

• Regularly torn clothing/uniforms 

• Regularly damaged personal effects or work tools 

• An employee experiencing a number of minor workplace injuries 

• Employees becoming withdrawn and isolated 


SECTION FOUR 

RAIL 

TRAM AND BUS 

83 


U N 

I O N

Other factors that can contribute to risk 

There are a number of workplace factors that can contribute to the risk of 

workplace bullying. 

The presence of these factors does not necessarily mean that bullying is occurring 

in the workplace, but may point to a greater risk of bullying taking place, or 

occurring at a future time. 

These factors are: 

Organisational change 

SECTION FOUR 


Research has identified that significant organisational change, such as major 

internal restructuring or technological change may inadvertently create an 

environment that increases the risk of bullying. 

Workforce characteristics 

Employers should be aware that some employees can be more at risk of 

workplace bullying. These employees may represent a minority in the workplace 

due to factors such as: age, gender, ethnicity, disability, parental status, religion 

or political views. They may also be new employees, apprentices, trainees, 

contractors or casuals. 

Workplace relationships 

Unsatisfactory workplace relationships and poor workplace communication, 

such as inadequate information flow or lack of consultation with employees, 

may create an environment in which workplace bullying is more likely to 

occur. Workplaces that tolerate teasing and practical jokes against employees, 

or tolerate initiation practices for new employees, are more likely to experience 

workplace bullying. 

Work systems 

Work system factors that may increase the risk of workplace bullying include: 

• Lack of appropriate policies and procedures 

• A high rate and intensity of work 

• Staff shortages 

• Lack of experience and skill in dealing with employee groups 

• Poorly-defined jobs and high levels of uncertainty about job requirements 


84 

RAIL 

TRAM AND BUS 

U N 

I O N

Prevention of workplace bullying 

Bullying can occur in any workplace, given certain circumstances. While an 

organisation might appear to be free from bullying, it still may be happening. 

Bullying can be difficult to detect. Incidents of bullying may not always be 

reported because employees might: 

• Fear retribution or “payback” from the bully 

• Believe that no one will act on the problem 

• Fear being labelled “weak” or “whinging” 

• Think that reporting will affect their career prospects 

• Accept bullying as a normal part of work culture 

As bullying can occur wherever people work together employers should 

implement a range of prevention measures. 

Because any one measure by itself will not adequately reduce the risk of bullying, 

it is important that these measures are used in conjunction with each other. An 

employer may, in consultation with health and safety representatives, decide 

which measures are best to implement in their workplace. 

Training 

Employers have a duty to make sure that their employees are provided with the 

information, instruction, training and supervision they need to do their jobs 

safely and without risks to health. 

The specific mix of information, instruction and training needed to reduce the 

risk of bullying in a particular workplace will depend on the specific needs 

of the employees and the workplace. Bullying has been linked to situations 

of role conflict and uncertainty. Employers should make sure that employees 

understand their role and have the appropriate skills to do their job. 

This includes making sure that employees who supervise others have appropriate 

skills, such as managing workplace relationships and, if necessary, giving them 

training to acquire these skills before starting supervisory duties. 

Employees who have a designated role in handling reports of bullying will need 

specific training to assist them to carry out this task. 

Employers should also ensure that information about workplace bullying, 

including any relevant policies and procedures, is readily available to all 

employees. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

85 


U N 

I O N

Dignity and respect in the workplace charter 

The NSW Government, in conjunction with public sector agencies and major 

public sector unions has developed the Dignity and Respect Policy, Model Code 

of Conduct and Workplace Charter, to ensure that their workplaces are free 

from all forms of bullying. 

Copies of the Dignity and respect: Policy and Guidelines on Preventing and 

Managing Workplace Bullying and the Model Code of Conduct provide 

organisations with a framework to review and develop their own policies to 

eliminate bullying. Copies of these documents and the Dignity and Respect in 

the Workplace Charter are available from the OHS Resources section of the 

RTBU website, or from WorkCover. 

SECTION FOUR 


Develop a code of conduct for workplace behaviour 

A Code Of Conduct is a policy that outlines an organisation’s standards of 

workplace behaviour and makes clear statements that all employees have 

Dignity and Respect at work and that bullying will not be tolerated. A N 

Model Code of Conduct for NSW Pubic Agencies has been developed, and 

could usefully be modified to meet your organisation’s requirements. 

The policy can be developed on its own, or it may be included in relevant 

existing OHS policies. 

Another option could be to include it in a policy that covers workplace 

behaviour. Some organisations may want to include reference to occupational 

violence in their Code Of Conduct policy, instead of having a separate policy 

on this issue. 

When developing a Code Of Conduct policy the employer must consult with 

elected health and safety representatives. It is a good idea to also consult 

employees directly on the policy. 

An employer can create commitment to the Code Of Conduct policy by: 

• Developing a policy that is specific to the workplace 

• Consulting employees on the development of the policy and providing an 

opportunity to comment on a draft policy 

• Securing the commitment of the chief executive/employer to the policy and 

involving them in policy development 

• Ensuring the policy is adhered to and consistently applied 


86 

RAIL 

TRAM AND BUS 

U N 

I O N

Resolving or investigating complaints of 

bullying 

Responding to incident / reports 

An organisation may use a number of ways for people to notify bullying 

incidents, such as: 

• Submitting written reports, including by a form 

• Submitting verbal reports 

An organisation may also consider supervisors acting on overheard verbal abuse 

or offensive language or any directly observed bullying type behaviour. These 

may also be considered as reports for the purposes of investigating bullying 

behaviour. 

Employees should understand clearly who is the appropriate person to contact 

if they have to notify of an incident. 

Prompt and careful investigation can lead to quick resolution and will 

demonstrate to employees that bullying is taken seriously. An impartial and 

appropriately skilled person should conduct investigations. 

Resolution process 

Each situation that is reported or observed will usually be different. Therefore, 

to ensure a consistent approach, it is important to have an agreed procedure in 

the workplace for dealing with reports. 

An employer should develop a workplace bullying resolution procedure in 

consultation with health and safety representatives. The procedure should set 

out to whom any reports go, and what person or persons are responsible at 

each stage in the process. 

Suggested approaches for successful resolution 

A resolution process should be flexible and enable a choice or course of actions 

to be undertaken which specifically suit the situation reported. 

Below are three approaches that can be used to assist resolution. These 

approaches can be used in combination or on their own, depending on the 


SECTION FOUR 

RAIL 

TRAM AND BUS 

87 


U N 

I O N

situation involved. They can also be used as a step-by-step approach to 

resolution. 

When developing a workplace resolution procedure for bullying, agreement 

should be reached on when each approach is appropriate. The resolution 

approach taken by the employer should reflect the seriousness of the situation. 

It is important for the person who reported the situation to agree with the 

proposed approach or combination of approaches for resolution. 

Direct approach 

SECTION FOUR 


Assessing whether a direct approach will help resolve a report/incident of 

bullying is a positive first step. Where serious allegations have been made, the 

direct approach is not appropriate. 

As an example, a report involving an escalation of bullying into violence or 

threats would not be suited to a direct approach. The direct approach involves 

a clear and polite request for the behaviour to stop. The person affected, their 

supervisor or manager, or another relevant person can make this request. 

Anyone requested to act on behalf of the person affected should adopt a 

confidential, non-confrontational approach with a view to resolving the issue. 

If the direct approach succeeds, and the offending behaviour stops, it may not 

be necessary to have a further step. In other circumstances, monitoring the 

situation for signs of recurrence may be appropriate. 

Discussion involving an independent third party 

The objective of this step in a process is to settle an issue with as little conflict and 

stress as possible. The agreement of all parties to participate in this discussion 

is important for success, and the independence of the third party needs to be 

recognised by all parties involved. 

The discussion should focus on resolving the problem and agreeing on actions 

that will be undertaken to assist the resolution. 

This action can be undertaken at two stages in the resolution process: 

• Where the direct approach has not resolved the issue 

• Where an investigation has recommended discussion to assist resolution 


88 

RAIL 

TRAM AND BUS 

U N 

I O N

There are some circumstances where it would not be appropriate to use 

this method. Such circumstances include situations involving allegations 

of occupational violence, or where there is a significant difference in power 

between the parties. 

Investigations 

Where the behaviour does not cease after a direct approach or discussion, an 

investigation to establish whether or not the report is substantiated should be 

undertaken. Where a serious allegation has been made, an investigation should 

be the first step taken. 

Prompt and careful investigation can lead to quick resolution and will 

demonstrate to employees that bullying is taken seriously. An impartial and 

appropriately skilled person should conduct investigations. 

After resolution 

After a situation has been resolved, an employer should also examine the work 

situation to identify and address any underlying risk factors that may have 

contributed to the bullying occurring. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

89 


U N 

I O N

What safety representatives 

and unions can do 

Employer’s responsibilities 

The most effective way to prevent bullying is for employers to send a clear 

message that workplace bullying is unacceptable. 

Under NSW OHS laws employers are legally obliged to: 

SECTION FOUR 


• Consult with their employees over workplace hazards. Consultation is the 

most effective way for employers and employees to develop policies and 

procedures that counter bullying in the workplace. 

• Conduct a Risk Assessment to measure the risks of bullying in their 

workplace and take action to minimise the risks associated with 

Psychological Hazards. A checklist below is available to measure the 

existence of any psychological hazards in your workplace. 

• Not engage in unacceptable behaviour or condone unacceptable behaviour 

that contributes to the risk of bullying. 

What safety representatives can do 

Employees should not have to put up with any form of bullying or harassment. 

If you are a safety representative or union representative you should be proactive 

in preventing bullying in your workplace. There are laws that exist to protect 

people speaking out about bullying and harassment in the workplace. 

The following are some steps that you and your work colleagues can take to 

minimise and prevent bullying. 

Acknowledge that bullying can exist in any workplace. The Dignity and Respect 

in the Workplace Charter sets out the steps necessary to create a harmonious 

and bully-free workplace. Support and involvement from senior management 

is essential in effecting change to prevent bullying before it becomes a problem. 

Occupational Health and Safety Committees and OHS Representatives are 

ideally placed to deal with these issues. 

Under workplace OHS consultative arrangements you: 

• Must be consulted about minimising risks in your workplace. 

• Will be able to obtain high-level support, through workplace consultation 


90 

RAIL 

TRAM AND BUS 

U N 

I O N

processes, from senior management for implementing a comprehensive 

strategy to address bullying. 

• Will be able to develop, through OH&S consultative processes and 

adoption of the Dignity and Respect in the Workplace Charter, a 

Workplace Code of Conduct that prohibits bullying. 

You Should Ensure That Your Organisation: 

• Regularly distributes and promotes your Workplace Code Of Conduct at 

all levels of the organisation in plain, easy-to-understand English. 

• Provides the Dignity and Respect in the Workplace Charter, Workplace 

Code Of Conduct and other relevant information to new staff as a 

standard part of induction. 

• Translates the Dignity and Respect in the Workplace Charter and 

Workplace Code Of Conduct into relevant community languages where 

required so it is accessible to employees from non-English speaking 

backgrounds. 

• Periodically reviews the Workplace Code Of Conduct to ensure it is 

operating effectively and contains up to date and relevant information; 

• Displays anti-bullying posters, relevant information and brochures on 

notice boards in common work areas. 

• Educates general staff on issues related to workplace bullying. 

• Provides appropriate training in managing workplace relationships to all 

managers and supervisors to ensure that the workplace is free from bullying. 

• Discusses and reinforces the Workplace Code of Conduct at staff meetings. 

Verbal communication of the policy is particularly important in workplaces 

where the literacy of staff may be an issue. This is a responsibility of 

managers and supervisors. 

• Ensures that managers model appropriate standards of professional 

conduct at all times. 

• Has grievance procedures, a code of conduct and disciplinary procedures 

that all make specific reference to the issue of bullying in the workplace 

and have clear guidelines to deal with complaints. 

• Makes sure that managers and supervisors are aware of high-risk situations 

that are likely to create opportunities for workplace bullying. 

• Develops strategies to identify, minimise, and prevent bullying from 

emerging under these situations 


SECTION FOUR 

RAIL 

TRAM AND BUS 

91 


U N 

I O N

Managing the risk 

Workplace bullying and harassment are viewed as a psychological hazard and a 

real risk to health and safety and need to be managed like any workplace hazard. 

Risks associated with bullying must be addressed in the employer’s overall 

risk management program. Your union can assist in identifying, assessing and 

controlling workplace risks associated with bullying behaviour and workplace 

harassment. 

Workplaces must develop policies and procedures to prevent bullying behaviour. 

Your union can assist in the development of such policies and procedures 

through the adoption of the Dignity and Respect in the Workplace Charter. 

SECTION FOUR 


What can unions do? 

Unions can: 

• Provide the necessary training and information for members, delegates 

and safety representatives to deal with and resolve complaints involving 

bullying behaviour. 

• Maintain confidentiality regarding all complaints and enquiries. 

• Provide support in cases of bullying and harassment. A kit has been 

developed by Unions NSW specifically for Union organisers to give them 

an easy guide to handling bullying issues in the workplace. Contact your 

Union office or more details. 

• Develop workplace dispute settlement procedures, negotiating directly with 

the employer to ensure workplace policies and procedures are in place. 

• Include relevant OHS Clauses in enterprise agreements. An example of a 

draft clause is as follows: 


92 

RAIL 

TRAM AND BUS 

U N 

I O N

Enterprise bargaining agreement 

Workplace bullying – model clause 

Workplace bullying is unreasonable and inappropriate behaviour that 

intimidates, offends, degrades, insults or humiliates an employee, or group 

of employees. Such behaviour may be of a physical and / or psychological 

nature. 

Workplace bullying may constitute a breach of the Occupational Health and 

Safety Act 2000 and / or the Anti Discrimination Act 1977 and persons found 

to have committed such breaches may be subject to penalty. 

The parties to this award commit to ensuring reasonable steps are taken to 

eliminate bullying in the workplace. This shall be achieved by: 

a. Appropriate consultation by the employer with employees and their union 

regarding behaviour that may constitute bullying in the workplace and; 

b. Appropriate training of employees to develop awareness of bullying in the 

workplace and; 

c. Development of a procedure to deal with complaints relating to workplace 

bullying. 

• Assist representatives and committees in the process of conducting a 

risk assessment 

• Assist members in their workers compensation claims and rehabilitation 

• Represent victims in the Workers Compensation Commission, 

conciliation and/or arbitration in industrial tribunals and pursue cases 

in the Industrial Commission or other relevant jurisdictions 

• Monitor the WorkCover claim history of your workplace to establish if 

patterns are developing 

• Prosecute employers for breaches of the OHS Act and Regulation 

• Arrange for counselling for those affected by workplace bullying. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

93 


U N 

I O N

Bullying and harassment checklist 

Sometimes, organisational factors can contribute to an atmosphere that leads 

to bullying behaviour. The checklist provides some pointers – you can add 

more that may be relevant to your organisation. 

PART A: Organisational Factors 

CHECKLIST YES NO 

Name_______________________Workplace_______________________________ 

SECTION FOUR 


1. Does this workplace have a Code Of Conduct policy developed 

in consultation with employees? 

2. Has the organisation signed the Dignity and Respect 

Workplace Charter? 

3. Are all job descriptions clearly defined? 

4. Are grievance and investigation procedures for incidents 

involving alleged workplace bullying complaints in place? 

5. Does this workplace have hazard reporting procedures in 

place for reporting workplace bullying and violence? 

6. Have supervisors and managers been trained to recognise 

and deal with workplace bullying? 

7. Has awareness been raised amongst staff about bullying 

and harassment in this workplace? 

8. Are workers encouraged to speak up about health and 

safety concerns? 

9. Do workers understand that workplace bullying is an 

occupational hazard and unacceptable? 

10. Has your workplace signed up to the Dignity and Respect 

in the Workplace Charter? 

If you have answered NO to any of the questions 1-10 above, this may indicate 

there is a problem in your workplace and you should establish policies and 

procedures or modify existing work practices to minimise the risk of bullying. 

When conducting your risk assessment for identifying the potential for 

psychological hazards use the following checklist. Note that this checklist is 


94 

RAIL 

TRAM AND BUS 

U N 

I O N

not exhaustive and you may need to consider other factors that may be unique 

to your workplace. 

PART B: Assessing Risks of Bullying? 

CHECKLIST YES NO 

11. Is the organisation undergoing restructuring, redundancy? 

12. Are there competitive work teams in the organisation? 

13. Is work over monitored? 

14. Are long hours of work routinely expected? 

15. Do managers expect workers to comply with impossible targets or 

time frames? 

16. Are workers shouted at or picked on? 

17. Are there high levels of sick leave? 

18. Are there high levels of absenteeism? 

If you answered YES to any of the questions 11 -18 above, this may indicate 

there is a problem in your workplace and you should contact your union or 

OHS representative or visit the UnionSafe website to see what can be done to 

manage the psychological hazards that exist in your workplace. 


SECTION FOUR 

RAIL 

TRAM AND BUS 

95 


U N 

I O N

Safety Matters - Rail, Tram and Bus Union of NSW

Create successful ePaper yourself

Delete template?

Save as template?