Safety Matters - Rail, Tram and Bus Union of NSW
Safety Matters - Rail, Tram and Bus Union of NSW
Safety Matters - Rail, Tram and Bus Union of NSW
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RAIL<br />
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<strong>Safety</strong><br />
<strong>Matters</strong><br />
A Guide for Workplace<br />
OHS<br />
Representatives<br />
INTRODUCTION<br />
1<br />
SECTION ONE<br />
Workplace Health <strong>and</strong> <strong>Safety</strong><br />
2<br />
SECTION TWO<br />
Monitoring OHS Programs<br />
<strong>and</strong> Procedures<br />
3<br />
SECTION THREE<br />
A Summary <strong>of</strong> Workers<br />
Compensation in <strong>NSW</strong><br />
www.rtbu-nsw.asn.au<br />
SECTION FOUR<br />
4 OHS Factsheets
<strong>Safety</strong> <strong>Matters</strong><br />
A Guide<br />
for Workplace<br />
OHS<br />
Representatives
The material <strong>and</strong> information contained in the <strong>Safety</strong> <strong>Matters</strong><br />
Guide is drawn from a collaborative effort by RTBU delegates<br />
<strong>and</strong> members, other unions, WorkCover <strong>NSW</strong>, <strong>and</strong> <strong>Union</strong>s<br />
<strong>NSW</strong>, during 2006 <strong>and</strong> 2007. <strong>Safety</strong> <strong>Matters</strong> builds on previous<br />
resources developed by the RTBU to assist members, delegates <strong>and</strong> OHS<br />
representatives in underst<strong>and</strong>ing <strong>and</strong> effectively participating in <strong>and</strong><br />
monitoring health, safety <strong>and</strong> welfare in their workplaces.<br />
The RTBU would like to acknowledge the particular financial assistance<br />
provided to the project by the WorkCover Assist Program, <strong>and</strong> the<br />
resources, time <strong>and</strong> input by Mary Yaegar <strong>and</strong> the team at <strong>Union</strong>s <strong>NSW</strong>.<br />
We also thank the many union members who attended workshops <strong>and</strong><br />
contributed feedback on the development <strong>of</strong> this project.<br />
<strong>Safety</strong> <strong>Matters</strong>: A Guide for Workplace OHS Representatives was<br />
written, compiled <strong>and</strong> produced by Peter O’Connor <strong>of</strong> the <strong>Union</strong><br />
Resource Network, Tel (02) 4751 8444; email: turn@ozemail.com.au<br />
Artwork by Mohamad Khaled <strong>of</strong> MK Graphics, Tel (02) 4774 9995;<br />
email: mkgraphics@netspace.com.au<br />
For more information or copies <strong>of</strong> the <strong>Safety</strong> <strong>Matters</strong> Guide contact<br />
the RTBU <strong>NSW</strong> Branch, Level 4 ,321 Pitt Street, Sydney <strong>NSW</strong> 2000,<br />
Tel (02) 9264 2511; Email: nswho@rtbu-nsw.asn.au. The <strong>Safety</strong> <strong>Matters</strong><br />
Guide is also available on the RTBU website: www.rtbu-nsw.asn.au<br />
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TURN
INTRODUCTION<br />
<strong>Safety</strong> <strong>Matters</strong><br />
Purpose <strong>and</strong><br />
Structure<br />
<strong>of</strong> the Guide<br />
BACK TO MAIN PAGE
<strong>Safety</strong> <strong>Matters</strong>: A Guide for Workplace OHS Representatives has been<br />
produced to assist workplace union delegates <strong>and</strong> OHS representatives<br />
in effectively participating in <strong>and</strong> monitoring OHS systems <strong>and</strong><br />
developments in their workplace. The <strong>Safety</strong> <strong>Matters</strong> Guide contains detailed<br />
information on OHS legal requirements <strong>and</strong> responsibilities under the OHS Act<br />
2000 <strong>and</strong> the OHS Regulations 2001, <strong>and</strong> related legislation in the <strong>Rail</strong>, <strong>Tram</strong><br />
<strong>and</strong> <strong>Bus</strong> Industry. It also provides practical guidance material <strong>and</strong> information<br />
on a number <strong>of</strong> key areas, such as consultation, OHS representation in the<br />
workplace, OHS management systems, risk management, as well as specific<br />
industry areas such as fatigue management, national medical st<strong>and</strong>ards, drug<br />
<strong>and</strong> alcohol testing.<br />
INTRODUCTION<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
The <strong>Safety</strong> <strong>Matters</strong> Guide is a resource developed by the RTBU (<strong>NSW</strong> Branch)<br />
with the assistance <strong>of</strong> funds provided by WorkCover under the WorkCover Assist<br />
Program. This Guide builds on <strong>and</strong> complements other resources developed<br />
through the Safe-T-<strong>Rail</strong> Training Program <strong>and</strong> Delegates OHS Information Kit,<br />
developed for RTBU members.<br />
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Purpose <strong>and</strong> Structure<br />
<strong>of</strong> the <strong>Safety</strong> <strong>Matters</strong> Guide<br />
The <strong>Safety</strong> <strong>Matters</strong> resource has been developed as both a loose-leaf resource<br />
<strong>and</strong> electronically (on CD) to allow a range <strong>of</strong> uses <strong>and</strong> ease <strong>of</strong> updating<br />
<strong>and</strong> adding workplace specific materials to the resource. The <strong>Safety</strong> <strong>Matters</strong>:<br />
A Guide for Workplace OHS Representatives is also available on the<br />
RTBU website www.rtbu-nsw.asn.au<br />
The Guide is a detailed reference resource <strong>and</strong> toolkit for union delegates<br />
<strong>and</strong> OHS representatives <strong>and</strong> those working with OHS in the workplace, <strong>and</strong><br />
provides a combination <strong>of</strong> information, guidance materials <strong>and</strong> practical tools<br />
through a series <strong>of</strong> checklists to assist in effectively monitoring workplace OHS<br />
policies <strong>and</strong> procedures. .<br />
The <strong>Safety</strong> <strong>Matters</strong> Guide aims to provide a useful <strong>and</strong> practical resource to<br />
assist in improving OHS practices <strong>and</strong> systems in all workplaces in the <strong>Rail</strong>,<br />
<strong>Tram</strong> <strong>and</strong> <strong>Bus</strong> Industry <strong>and</strong> provide an effective tool for implementing <strong>and</strong><br />
monitoring OHS initiatives in the industry.<br />
<strong>Safety</strong> in our industry continues to be <strong>of</strong> highest priority in providing a<br />
safe, reliable <strong>and</strong> efficient range <strong>of</strong> services to the public. The findings<br />
<strong>of</strong> the Waterfall Inquiry <strong>and</strong> other recent investigations clearly highlight<br />
the need for increased resources <strong>and</strong> improved management in addressing<br />
a range <strong>of</strong> systematic OHS issues in the industry. <strong>Union</strong> delegates <strong>and</strong> OHS<br />
representatives can play a vital role in ensuring that the safety <strong>of</strong> workers in<br />
the industry, passengers <strong>and</strong> the community is managed to the highest possible<br />
st<strong>and</strong>ards.<br />
The various information, checklists <strong>and</strong> factsheets contained in the <strong>Safety</strong><br />
<strong>Matters</strong> Guide has been designed to allow OHS representatives to actively use<br />
the resources to initiate <strong>and</strong> participate in a range <strong>of</strong> processes <strong>and</strong> activities to<br />
ensure that our industry is safe for all who work in it <strong>and</strong> use its services. We<br />
also believe that the material contained in this Guide can be usefully combined<br />
with the other OHS resources developed by the RTBU as an educational tool for<br />
all employees in underst<strong>and</strong>ing the main OHS requirements <strong>and</strong> responsibilities<br />
in their workplace.<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
INTRODUCTION<br />
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Whats in the <strong>Safety</strong> <strong>Matters</strong> Guide?<br />
<strong>Safety</strong> <strong>Matters</strong> is made up <strong>of</strong> four main components:<br />
Section 1: Overview <strong>of</strong> Workplace Health <strong>and</strong> <strong>Safety</strong><br />
This section takes a broad view <strong>of</strong> the main considerations, issues <strong>and</strong><br />
responsibilities relating to workplace health <strong>and</strong> safety. It provides an outline<br />
<strong>of</strong> the <strong>NSW</strong> OHS Act <strong>and</strong> OHS Regulation <strong>and</strong> the main duties <strong>and</strong> legal<br />
requirements <strong>of</strong> employers, employees <strong>and</strong> others in the workplace.<br />
INTRODUCTION<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
This section also contains a general checklist for rating the effectiveness <strong>of</strong> OHS<br />
procedures, practices <strong>and</strong> programs in your workplace, as a starting point to<br />
focus on issues specific to your workplace.<br />
Section 2: Monitoring Workplace OHS<br />
This section provides detailed information on the key areas <strong>of</strong> the OHS<br />
legislation, including Consultation, OHS Committees, Risk Assessment <strong>and</strong><br />
Risk Management, Safe Work Practices, OHS Information <strong>and</strong> Reporting, <strong>and</strong><br />
Workers Compensation.<br />
It combines information <strong>and</strong> checklists for monitoring OHS policy <strong>and</strong><br />
programs, <strong>and</strong> the systematic management <strong>of</strong> OHS in the workplace.<br />
Workplace OHS Checklists<br />
<strong>Safety</strong> <strong>Matters</strong> contains a selection <strong>of</strong> checklists covering major OHS issues in<br />
<strong>Rail</strong>, <strong>Tram</strong> <strong>and</strong> <strong>Bus</strong> industry workplaces. The checklists are designed to provide<br />
practical tools to allow OHS representatives to monitor, record <strong>and</strong> act on<br />
specific OHS developments <strong>and</strong> issues in their workplace.<br />
The checklists are designed to be used <strong>and</strong> modified <strong>and</strong> adapted, depending<br />
on the particular circumstances <strong>of</strong> the workplace. It is not intended that OHS<br />
representatives <strong>of</strong> committees will systematically work through each checklist,<br />
but rather use them to investigate, monitor <strong>and</strong> pose solutions to particular<br />
problem areas or areas <strong>of</strong> concern.<br />
For example, the Workplace Inspection Checklist has been designed to provide<br />
a framework for OHS representatives to conduct workplace inspections in their<br />
workplace. There may currently be no formal way <strong>of</strong> conducting <strong>and</strong> recording<br />
Purpose <strong>and</strong> Structure<br />
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workplace inspections. The checklist provided can be modified to include items<br />
specific to the workplace being inspected.<br />
Section 3: A Summary <strong>of</strong> Workers Compensation in <strong>NSW</strong><br />
This section outlines the major obligations <strong>of</strong> <strong>NSW</strong> employers, insurers <strong>and</strong><br />
employees in notifying a workplace injury <strong>and</strong> where appropriate, making a<br />
claim for workers compensation. It summarises the legal requirements under<br />
the Workplace Injury Management <strong>and</strong> Workers Compensation Act <strong>and</strong> the<br />
Workers Compensation (Workplace Injury Management) Regulation. This<br />
section <strong>of</strong> the Guide provides details on how to make a workers compensation<br />
claim, <strong>and</strong> the benefits <strong>and</strong> entitlements <strong>of</strong> injured workers.<br />
Section 4: RTBU OHS Factsheets<br />
The factsheets have been developed as an easily accessible way to locate specific<br />
information about particular OHS issues. Where appropriate, the factsheets also<br />
contain checklists for use in monitoring <strong>and</strong> reporting on the specific issues.<br />
It is anticipated that the checklists <strong>and</strong> factsheets will be added to in order<br />
to address a range <strong>of</strong> industry issues as they arise. The resources will also be<br />
regularly reviewed <strong>and</strong> updated to provide OHS representatives with reliable<br />
<strong>and</strong> current information. The format <strong>of</strong> the <strong>Safety</strong> <strong>Matters</strong> resource allows<br />
union delegates, OHS representatives <strong>and</strong> others with an active interest in<br />
OHS to access summary information <strong>and</strong> practical tools to assist with the OHS<br />
issues <strong>of</strong> most concern at any given time in their workplace.<br />
Please note: All <strong>of</strong> the information <strong>and</strong> checklists contained in<br />
the <strong>Safety</strong> <strong>Matters</strong> Guide are also on the CD accompanying the<br />
manual. Ckecklists are in a format to allow modification for specific<br />
workplace requirements.<br />
The Factsheets are only available electronically, <strong>and</strong> can be viewed,<br />
downloaded or printed from the accompanying CD <strong>and</strong> RTBU<br />
website<br />
Delegate <strong>and</strong> OHS reprresentatives should be familiar with OHS<br />
policies <strong>and</strong> procedures for workplace, <strong>and</strong> adapt checlists to<br />
accuratly reflect these.<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
INTRODUCTION<br />
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How Does Your Company Rate<br />
on Health <strong>and</strong> <strong>Safety</strong>?<br />
INTRODUCTION<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
<strong>Rail</strong>, tram <strong>and</strong> bus workplaces cannot ignore safety <strong>and</strong> environmental issues.<br />
Companies are faced with increasingly stringent legislative controls <strong>and</strong> rising<br />
compensation, insurance premiums, energy <strong>and</strong> raw materials costs. Safe,<br />
efficient <strong>and</strong> effective use <strong>of</strong> equipment, space, raw materials <strong>and</strong> improved <strong>and</strong><br />
more efficient process operations are vital if companies are to remain competitive.<br />
Pressure is also being exerted by suppliers <strong>and</strong> customers for rail, tram <strong>and</strong> bus<br />
operators to reduce their environmental impact. Consumers <strong>and</strong> the public not<br />
only expect a range <strong>of</strong> high quality transport services, they expect them to be<br />
safe, reliable, free <strong>of</strong> unnecessary risks, <strong>and</strong> delivered <strong>and</strong> managed in ways that<br />
are sensitive to the environment. Similarly, increasingly the community expects<br />
transport operators to minimise their impact on the local environment. All <strong>of</strong><br />
these factors mean that occupational, health, safety <strong>and</strong> environmental issues<br />
should be an essential part <strong>of</strong> your company’s business plan <strong>and</strong> operations.<br />
In the <strong>Rail</strong> sector alone in New South Wales over the past three years<br />
there have been an average <strong>of</strong> 165 collisions per year (or more than 40<br />
per quarter). Alarmingly, in the thirty (30) months between Jan 2001 <strong>and</strong><br />
August 2003, there were 137 (average <strong>of</strong> 4.5 deaths per month) fatalities<br />
on the railways in <strong>NSW</strong><br />
Source: <strong>NSW</strong> Transport <strong>Safety</strong> <strong>and</strong> <strong>Rail</strong> Regulator, 2003<br />
Company OHS Performance Overview<br />
The following general checklist is provided to allow OHS representatives to<br />
focus generally on how their company or workplace performs on OHS, <strong>and</strong><br />
to identify areas for improvement. The specific <strong>and</strong> detailed resources <strong>and</strong><br />
checklists in this Guide can then be used to build on this initial assessment.<br />
Purpose <strong>and</strong> Structure<br />
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<strong>Safety</strong>, Health <strong>and</strong> Environmental Rating Checklist<br />
Compliance<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Rating Checklist Yes No<br />
Are you aware <strong>of</strong> the OHS <strong>and</strong> environmental regulations applying to your<br />
workplace?<br />
Are there regulatory <strong>and</strong> other statutory requirements information<br />
accessible on-site?<br />
Does the workplace comply with all necessary OHS <strong>and</strong> environmental<br />
legal <strong>and</strong> regulatory requirements?<br />
Does the workplace comply with best practice <strong>and</strong> relevant industry<br />
st<strong>and</strong>ards <strong>and</strong> codes <strong>of</strong> practice?<br />
Is a monitoring <strong>and</strong> recording system in place to check <strong>and</strong> report OHS <strong>and</strong><br />
environmental results?<br />
Are regular internal audits <strong>and</strong> analysis carried out to ensure compliance?<br />
Risk Management<br />
Have main hazard types <strong>and</strong> categories been identified in your workplace?<br />
Have main hazard types been quantified, measured <strong>and</strong> prioritised?<br />
Does your company regularly inspect <strong>and</strong> assess for health <strong>and</strong> safety?<br />
Have sources <strong>and</strong> causes <strong>of</strong> accidents <strong>and</strong> near misses been analysed?<br />
Does your company keep a record <strong>of</strong> safety <strong>and</strong> waste costs?<br />
Has your workplace carried out a cost analysis <strong>of</strong> safety measures or<br />
alternative measures to eliminate or control risks?<br />
Has a health <strong>and</strong> safety review been carried out in all work areas?<br />
Have there been risk assessments conducted in all work areas?<br />
Has your workplace considered <strong>and</strong> implemented options <strong>and</strong> strategies<br />
for eliminating or controlling risks?<br />
Has your workplace set objectives <strong>and</strong> targets for reducing risks from all<br />
parts <strong>of</strong> the business?<br />
Have safety, health <strong>and</strong> environmental strategies been identified <strong>and</strong><br />
implemented?<br />
OHS Consultation<br />
Has a consultative process <strong>and</strong> mechanisms been established in your<br />
workplace?<br />
Have OHS representatives been elected in your workplace?<br />
Has an OHS committee been established <strong>and</strong> maintained to address <strong>and</strong><br />
resolve OHS issues in the workplace?<br />
Do employees have regular input into OHS issues <strong>and</strong> decisions?<br />
Have OHS representatives <strong>and</strong> other employees received OHS training?<br />
Does your workplace consultation include other employees, work areas or<br />
external participants?<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
INTRODUCTION<br />
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OHS Management<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Rating Checklist Yes No<br />
Has an OHS audit been carried out during the past year?<br />
Have new safety <strong>and</strong> vigilance devices been installed where required?<br />
Have safe work procedures been developed <strong>and</strong> implemented for all<br />
functions in your work area?<br />
Have all OHS policies <strong>and</strong> procedures been regularly updated <strong>and</strong><br />
communicated to employees?<br />
Have health, safety <strong>and</strong> environmental procedures <strong>and</strong> strategies been<br />
related to levels <strong>of</strong> production?<br />
Does your workplace have facilities available for employees to improve<br />
their health?<br />
INTRODUCTION<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
Product <strong>and</strong> process design<br />
Are h<strong>and</strong>ling, storage <strong>and</strong> distribution processes designed to minimise risk?<br />
Are environmental st<strong>and</strong>ards a consideration in product <strong>and</strong> work design?<br />
Have cleaning <strong>and</strong> sanitation practices been analysed to minimise water<br />
<strong>and</strong> hazardous chemical use?<br />
Are the environmental impacts <strong>of</strong> work processes <strong>and</strong> the products in use<br />
considered?<br />
Procurement<br />
Does the workplace specify OHS <strong>and</strong> environmental st<strong>and</strong>ards to suppliers<br />
<strong>and</strong> make good safety <strong>and</strong> environmental performance a factor in supplier<br />
selection?<br />
Is the safety <strong>and</strong> environmental performance <strong>of</strong> your suppliers or<br />
contractors monitored?<br />
Do you apply a ‘buy environmentally safe’ policy in purchasing raw<br />
materials, packaging materials, cleaning <strong>and</strong> sanitising agents?<br />
Is your workplace working with suppliers to ‘design out’ hazardous<br />
materials, waste etc., such as recycled or re-usable packaging, less toxic<br />
chemicals?<br />
Information <strong>and</strong> communications<br />
Do you have OHS <strong>and</strong> environmental policies that are communicated to all<br />
employees <strong>and</strong> available to the public?<br />
Is there a communication strategy in place for OHS <strong>and</strong> environmental<br />
issues in your workplace?<br />
Is regular training <strong>and</strong> information on OHS <strong>and</strong> environmental issues<br />
given?<br />
Are OHS <strong>and</strong> environmental information, records, data <strong>and</strong> related<br />
publications accessible in the workplace?<br />
Does the workplace produce publicly available information about its OHS<br />
<strong>and</strong> environmental performance?<br />
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SECTION ONE<br />
Workplace<br />
Health<br />
<strong>and</strong> <strong>Safety</strong><br />
BACK TO MAIN PAGE<br />
TO CONTENTS
BACK TO FRONT PAGE<br />
CONTENTS<br />
Defi ning Workplace Health <strong>and</strong> <strong>Safety</strong> 4<br />
Importance <strong>of</strong> Workplace Health <strong>and</strong> <strong>Safety</strong> 8<br />
Duties <strong>and</strong> Responsibilities 9<br />
Legal Requirements 16<br />
SECTION ONE<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
Objectives <strong>of</strong> the <strong>NSW</strong> OHS Act 2000 16<br />
OHS Regulation 2001 17<br />
Industry Codes <strong>of</strong> Practice 20<br />
St<strong>and</strong>ards 21<br />
Guidance Notes 22<br />
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Workplace Health <strong>and</strong> <strong>Safety</strong><br />
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A Guide to<br />
Defi ning<br />
Workplace<br />
Health <strong>and</strong><br />
<strong>Safety</strong><br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
SECTION ONE<br />
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Defi ning Workplace Health <strong>and</strong> <strong>Safety</strong><br />
Health <strong>and</strong> safety is:<br />
• the promotion <strong>and</strong> maintenance <strong>of</strong> the highest degree <strong>of</strong> physical, mental<br />
<strong>and</strong> social well-being <strong>of</strong> workers in all occupations<br />
• the prevention among workers <strong>of</strong> physical <strong>and</strong> mental harm caused by<br />
their working conditions<br />
• the protection <strong>of</strong> workers from risks resulting from factors adverse to<br />
health<br />
SECTION ONE<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
Accidents<br />
Most people identify the term accident with traumatic personal injury, such as<br />
a laceration or broken limb. Longer term injury, such as back problems caused<br />
by repeated lifting are also common in most people’s perception <strong>of</strong> workplace<br />
accidents. However, the concept <strong>of</strong> occupational health <strong>and</strong> safety extends to<br />
the work environment, facilities, processes, machinery, materials, equipment<br />
<strong>and</strong> people which all make up the system <strong>of</strong> work.<br />
Occupational health <strong>and</strong> safety is not restricted simply to accidents that occur<br />
at work but also includes a range <strong>of</strong> injuries, ill health, diseases <strong>and</strong> other<br />
potential harm as a result <strong>of</strong> the work environemt.<br />
Causes <strong>of</strong> accidents <strong>and</strong> ill health<br />
Accidents in the workplace resulting in injuries are only the tip <strong>of</strong> the iceberg.<br />
This tip <strong>of</strong> the iceberg represents incidents that are immediately obvious. This<br />
is only a small part <strong>of</strong> the total picture.<br />
The bulk <strong>of</strong> the iceberg lies hidden beneath the waterline. This represents the mass<br />
<strong>of</strong> less serious incidents <strong>and</strong> what are referred to as near-hits or near-misses. These<br />
are the minor first aid treatments, the property damage from accidents <strong>and</strong> incidents<br />
where no damage or injury has resulted, from a situation which may “in any other<br />
circumstances” have caused significant loss or injury. Most injuries or accidents at<br />
work occur as the result <strong>of</strong> a chain <strong>of</strong> events.<br />
• Hazards will exist <strong>and</strong> their extent will depend on the type <strong>and</strong> nature <strong>of</strong><br />
work conducted<br />
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• A hazard is a situation, item or substance with the potential to harm health<br />
• Hazards in the workplace lead to accidents if not controlled<br />
• The results <strong>of</strong> accidents are unintended injuries – at the end <strong>of</strong> the chain <strong>of</strong><br />
events<br />
Managers are responsible for creating an environment that encourages personal<br />
responsibility, actively reduces hazards <strong>and</strong> prevents accidents – employees need<br />
to co-operate in this respect. In this way injuries <strong>and</strong> disease in the workplace<br />
can be controlled. For every serious outcome, there are many more lesser<br />
incidents resulting in minor injury or in common occupational diseases such as<br />
dermatitis (skin irritation). To create a safe system <strong>of</strong> work, the following chain<br />
<strong>of</strong> events must occur:<br />
• Hazard identification<br />
• Risk assessment <strong>and</strong> control<br />
• Periodic review<br />
• safe system <strong>of</strong> work<br />
The management <strong>of</strong> occupational health <strong>and</strong> safety within a workplace must be<br />
directed not only at serious injuries or cases <strong>of</strong> ill-health, but also at preventing accidents<br />
rather than reacting to losses after the event. Hazard identification, risk assessment<br />
<strong>and</strong> control are tools available to investigate <strong>and</strong> determine underlying causes <strong>of</strong><br />
accidents <strong>and</strong> ill-health.<br />
Why ensure health <strong>and</strong> safety?<br />
In any workplace, there are three principle motivators which encourage us to<br />
seek health <strong>and</strong> safety: moral, economic <strong>and</strong> legal.<br />
1. Moral: The duty towards our colleagues. The adverse consequences <strong>of</strong><br />
failing to ensure occupational health <strong>and</strong> safety include death, injury<br />
or disease. Examples <strong>of</strong> these moral duty include:<br />
• cleaning up your chemical spills<br />
• maintaining good housekeeping at your work location<br />
• reporting faulty equipment<br />
2. Economic: The consequences <strong>of</strong> failing to ensure occupational health <strong>and</strong><br />
safety may be reflected in costs <strong>of</strong> damage to people or property,<br />
for treatment or coping with disability.<br />
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3. Legal: There are penalties for failing to ensure our own health <strong>and</strong><br />
safety, <strong>and</strong> that <strong>of</strong> others whom we may cause to be injured.<br />
These three motivators work together, <strong>and</strong> have different effects in different<br />
circumstances.<br />
When we consider health <strong>and</strong> safety at work, we must add a fourth motivator,<br />
which is the company <strong>and</strong> it’s requirements for preventing accidents <strong>and</strong> illhealth<br />
to employees <strong>and</strong> others. No organisation can tolerate accidents <strong>and</strong><br />
OH&S risks at work.<br />
A high level <strong>of</strong> occupational health <strong>and</strong> safety requires a conscious effort by all<br />
people in the workplace. All rail, tram <strong>and</strong> bus industries workplaces should<br />
strive to illiminate <strong>and</strong> or minise health <strong>and</strong> safety risks.<br />
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Features <strong>of</strong> effective health <strong>and</strong> safety management<br />
There are six common factors essential to effective health <strong>and</strong> safety<br />
management:<br />
• Policy – a clear statement <strong>of</strong> the objective to be achieved<br />
• Organisational factors – a well structured organisation <strong>and</strong> allocation <strong>of</strong><br />
responsibilities <strong>and</strong> resources to implement the policy<br />
• Hazard identification <strong>and</strong> risk assessment<br />
• Risk control<br />
• Reviewing performance periodically through auditing (to monitor the<br />
implementation <strong>of</strong> the risk assessment in a systematic way)<br />
• Employee training<br />
An effective occupational health <strong>and</strong> safety policy should acknowledge the<br />
following:<br />
• health <strong>and</strong> safety can contribute to business performance by protecting<br />
resources (both human <strong>and</strong> physical), reducing costs <strong>and</strong> illustrating the<br />
responsibility <strong>of</strong> the organisation<br />
• management must develop a structure <strong>and</strong> culture to support the control <strong>of</strong><br />
risks <strong>and</strong> everyone in the organisation must participate<br />
• the need for effective resourcing <strong>and</strong> planning<br />
• the importance <strong>of</strong> systematic hazard identification, assessment <strong>and</strong> control<br />
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• the requirement for examination <strong>and</strong> review <strong>of</strong> occupational health <strong>and</strong><br />
safety performance<br />
• that the principle <strong>of</strong> good occupational health <strong>and</strong> safety management <strong>and</strong><br />
effective quality management are complementary<br />
Characteristics <strong>of</strong> an Unsafe Work Culture<br />
• Lack <strong>of</strong> concern or control – managers <strong>and</strong> supervisors may be unconcerned<br />
or attach low priority to health <strong>and</strong> safety. This may lead to a lack <strong>of</strong> due<br />
care <strong>and</strong> minimal control over OHS issues, which in turn, affects employee<br />
attitudes <strong>and</strong> actions.<br />
• Employee fault – managers <strong>and</strong> supervisors may consider health <strong>and</strong> safety<br />
problems in terms <strong>of</strong> the employee being uncooperative or at fault. The<br />
tendency to blame people for health <strong>and</strong> safety problems does not effectively<br />
manage them.<br />
• Unsafe systems – the failire <strong>of</strong> management to adequitaly supervise or<br />
manage acceptebale health <strong>and</strong> safety levels.<br />
The initial conflict between OHS expectations <strong>and</strong> practice may be dealt<br />
with by gradually adapting to unsafe workplace practices.<br />
• Poor employer-employee relations – an unsafe workplace may be the result<br />
<strong>of</strong> poor relations between the employer <strong>and</strong> employee.<br />
Characteristics <strong>of</strong> a Safe Work Culture<br />
• Management concern <strong>and</strong> control – management has ultimate responsibility<br />
for OHS. It demonstrates appropriate duty <strong>of</strong> care <strong>and</strong> concerns itself with<br />
all aspects <strong>of</strong> workplace health <strong>and</strong> safety. There is an OHS policy that is<br />
displayed publicly <strong>and</strong> there is adequate training <strong>and</strong> supervision.<br />
• Employee due care <strong>and</strong> cooperation – if the employer is seriously attempting<br />
to meet the right <strong>of</strong> employees to a safe <strong>and</strong> healthy workplace, the employee<br />
generally has a good safety awareness <strong>and</strong> is happy to cooperate with the<br />
employer <strong>and</strong> not inhibit them in carrying out their responsibility.<br />
• Consultation – employees can only cooperate effectively if there is appropriate<br />
consultation with management. These two concepts are mutually reinforcing<br />
– effective consultation leads to improved employer ability to ensure health<br />
<strong>and</strong> safety through employee cooperation, which in turn helps to develop a<br />
safety culture in the workplace.<br />
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Importance <strong>of</strong> Workplace Health <strong>and</strong> <strong>Safety</strong><br />
All employees have a right to work in a healthy <strong>and</strong> safe workplace.<br />
All employers have a responsibility to provide a safe <strong>and</strong> healthy work<br />
environment.<br />
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Work-related injuries <strong>and</strong> disease carry a high cost. The National<br />
Occupational Health <strong>and</strong> <strong>Safety</strong> Commission estimated the total<br />
cost <strong>of</strong> work-related injury <strong>and</strong> disease in Australia to be at least<br />
$15 billion per year, <strong>and</strong> perhaps as high as $37 billion. In terms <strong>of</strong> the human<br />
cost, at least 500 Australians are killed at work every year, with up to 4000<br />
dying from work-related diseases such as cancer. As many as 30,000 workers<br />
are injured every year.<br />
Occupational health <strong>and</strong> safety legislation has been put in place to prevent the<br />
occurrence <strong>of</strong> injury <strong>and</strong> disease on such a large scale. Every state <strong>and</strong> territory<br />
in Australia has occupational health <strong>and</strong> safety legislation. There are also codes<br />
<strong>of</strong> practice which provide advice on how to implement the regulations <strong>and</strong><br />
control hazards. Although the states <strong>and</strong> territories have different occupational<br />
health <strong>and</strong> safety legislation, the laws reflect the same basic approach to this<br />
issue.<br />
Like most legislation, OH&S law can be complicated <strong>and</strong> difficult to read. The<br />
most important point for OHS Representative to underst<strong>and</strong> is that legislation<br />
establishes the requirement that all employers ensure that the workplace is<br />
a healthy <strong>and</strong> safe environment, <strong>and</strong> that no employee can be asked to do<br />
something that is dangerous or unsafe. If an employee is asked to do something<br />
that is dangerous or unsafe they are entitled to refuse.<br />
Recently there have been significant changes in the OHS laws in New South<br />
Wales with the introduction <strong>of</strong> the <strong>NSW</strong> OHS Act 2000, <strong>and</strong> <strong>NSW</strong> OHS<br />
Regulation, 2001. The main OHS duties <strong>and</strong> responsibilities <strong>of</strong> employers <strong>and</strong><br />
employees are summarised below.<br />
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Duties <strong>and</strong> Responsibilities<br />
What is the Employer required to do?<br />
It is the employer who has the most direct influence over workplace health,<br />
safety <strong>and</strong> welfare. For this reason, they are legally responsible for providing<br />
a safe <strong>and</strong> healthy workplace.<br />
To do this, the employer is required to:<br />
• Make sure the workplace is safe. Whatever work is carried on in the<br />
workplace, all hazards must be identified <strong>and</strong> risks identified, assessed <strong>and</strong><br />
controlled<br />
• Provide information, training <strong>and</strong> supervision to support safe work<br />
practices<br />
• Consult workers in monitoring <strong>and</strong> maintaining a healthy <strong>and</strong> safe work<br />
environment<br />
• Keep records <strong>and</strong> information on the health <strong>and</strong> safety <strong>of</strong> employees<br />
• Provide adequate facilities for the health, safety <strong>and</strong> welfare <strong>of</strong> workers<br />
• Monitor conditions in the workplace <strong>and</strong> the health <strong>of</strong> employees.<br />
Duties <strong>of</strong> employers<br />
Every employer must ensure, so far as is reasonably practicable, the health,<br />
safety <strong>and</strong> welfare at work <strong>of</strong> all employees. This requires:<br />
• A safe place <strong>of</strong> work with a means <strong>of</strong> safe access <strong>and</strong> exit<br />
• Maintenance <strong>of</strong> safe plant <strong>and</strong> equipment<br />
• Safe systems <strong>of</strong> work<br />
• Safe use <strong>of</strong> substances<br />
• Hazard identification, risk assessment <strong>and</strong> control<br />
• That the employer’s activities do not endanger persons not directly<br />
employed<br />
These general duties are further detailed to require:<br />
• A safe working environment <strong>and</strong> adequate facilities <strong>and</strong> arrangements for<br />
employees’ welfare<br />
• Safe methods for h<strong>and</strong>ling storage, use <strong>and</strong> transport <strong>of</strong> articles <strong>and</strong><br />
substances<br />
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• Provision <strong>of</strong> adequate information, instruction, training <strong>and</strong> supervision<br />
• Consultation with employees<br />
• A written policy statement on occupational health <strong>and</strong> safety, <strong>and</strong> the<br />
arrangements for carrying out that policy<br />
What is the Employee required to do?<br />
Under current legislation <strong>and</strong> at common law, employees are expected to look out for<br />
their own health <strong>and</strong> safety <strong>and</strong> that <strong>of</strong> their fellow workers. In general, employees are<br />
expected to:<br />
• Carry out their duties in a way that ensures their own health <strong>and</strong> safety, as<br />
far as they are able<br />
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• Be aware <strong>of</strong> others so that their actions do not risk the health <strong>and</strong> safety <strong>of</strong><br />
the people they work with<br />
• Co-operate with their employer in any matters relating to occupational<br />
health <strong>and</strong> safety<br />
• Not misuse equipment provided for their safety.<br />
Duties <strong>of</strong> employees<br />
It is the duty <strong>of</strong> employees under occupational health <strong>and</strong> safety laws, for<br />
example, to:<br />
• Take reasonable care for their own health <strong>and</strong> safety <strong>and</strong> that <strong>of</strong> others<br />
• Co-operate with their employer to enable the employer to comply with safety<br />
obligations<br />
• Not interfere with, or misuse anything provided for health <strong>and</strong> safety<br />
purposes. Examples include:<br />
• removing a fire extinguisher to prop a door open<br />
• interfering with an interlock switch on a machine guard<br />
• failing to take part in a safety training course.<br />
In addition to these general duties, employees are required to:<br />
• Use any machinery, equipment, dangerous substance, means <strong>of</strong> transport,<br />
safety device or means <strong>of</strong> production in accordance with any training <strong>and</strong><br />
instruction provided by the employer<br />
• Inform the employer <strong>of</strong> any serious <strong>and</strong> imminent danger to health <strong>and</strong> safety,<br />
<strong>and</strong> any shortcomings in the employer’s health <strong>and</strong> safety arrangements.<br />
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Consultation <strong>and</strong> Reporting<br />
Employers need to decide how best to provide a safe work environment. The employer<br />
has obligations <strong>and</strong> responsibilities to consult with employees <strong>and</strong> their representatives<br />
over occupational health <strong>and</strong> safety matters. Most workplaces should have consultative<br />
arrangements to deal with occupational health <strong>and</strong> safety issues. In your workplace<br />
there may be formally elected occupational health <strong>and</strong> safety representatives <strong>and</strong>/or<br />
committees. In addition, all employees are encouraged to contribute their ideas to<br />
improve the occupational health <strong>and</strong> safety <strong>of</strong> the workplace <strong>and</strong> their immediate<br />
work area in particular.<br />
Road Transport Fatalities for 12 months ending December 2005<br />
<strong>and</strong> December 2006<br />
<strong>NSW</strong> 2005 Aust. 2005 <strong>NSW</strong> 2006 Aust. 2006<br />
All Road Fatalities 508 1,627 500 1,601<br />
Involving <strong>Bus</strong>es 21 36 7 16<br />
Australia Road Deaths<br />
Source: Australian Transport safety Bureau, February 2007<br />
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Transport <strong>and</strong> Storage – General<br />
Australian <strong>Safety</strong> <strong>and</strong> Compensation Council, Information Sheet on Transport <strong>and</strong><br />
Storage, 2007 provides the following summary information on injury claims <strong>and</strong> types<br />
across the Transport <strong>and</strong> Storage Industry up to the end <strong>of</strong> 2005.<br />
In 2004-2005, there were 11.180 claims for compensation from employees in the<br />
industry <strong>of</strong>f work for one or more weeks. This equates to 31 employees each day<br />
requiring one ort more weeks <strong>of</strong>f work because <strong>of</strong> work-related injury or disease.<br />
While the incidence rate <strong>of</strong> claims in the industry has fallen 21% from 40 claims per<br />
1000 employees in 1996-97 to 30 per 1000 employees in 2004-2005, (the rate in <strong>NSW</strong><br />
was 36 per 1000 employees) it remains well above the rate for Australia <strong>of</strong> 16.6 claims<br />
per 1000 employees, <strong>and</strong> is the highest <strong>of</strong> all industries.<br />
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Similarly, the number <strong>of</strong> compensated fatalities in the industry ranged between 38 in<br />
2003-04 <strong>and</strong> 43 in 2004-05. In 2004-05 the fatality incidence rate was 11.4 fatalities<br />
per 1000 employees. This was over four times greater than the rate for Australia <strong>of</strong><br />
2.5 fatalities per 1000 employees.<br />
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Table: Australian Transport Fatalities – 2000 – 2005<br />
Year Road <strong>Rail</strong> Marine Aviation Total<br />
2000 1817 38 42 37 1934<br />
2001 1737 35 56 41 1869<br />
2002 1715 30 38 24 1807<br />
2003 1621 29 51 35 1736<br />
2004 1583 29 53 22 1687<br />
2005 1635 N/a 53 38 1726<br />
Source: Bureau <strong>of</strong> Transport <strong>and</strong> Regional Economics<br />
According to data available from the Australian <strong>Safety</strong> <strong>and</strong> Compensation Council,<br />
Construction <strong>and</strong> Transport <strong>and</strong> Storage industries continue to have the highest<br />
numbers <strong>of</strong> fatalities. Figures for 2004/05 show recorded fatalities for Transport <strong>and</strong><br />
Storage at 30 (or 16% <strong>of</strong> all fatalities in all industries). The high number <strong>of</strong> fatalities<br />
in the Transport <strong>and</strong> Storage Industry were concentrated (25 fatalities or 83%) in the<br />
Road Transport sub-division.<br />
<strong>Rail</strong> Data to June 2006 – Supplied by rail Regulators<br />
to Australian Transport <strong>Safety</strong> Bureau<br />
Deaths<br />
<strong>NSW</strong><br />
Australia<br />
Jan – Dec 2005 Jan-June 2006 Jan – Dec 2005 Jan-June 2006<br />
11 5 38 21<br />
Serious Injury *<br />
<strong>NSW</strong><br />
Australia<br />
Jan – Dec 2005 Jan-June 2006 Jan – Dec 2005 Jan-June 2006<br />
363 189 452 230<br />
* Serious injury includes:<br />
• Where an injured person is taken to hospital<br />
• Injured person is attended by ambulance, unless person was treated on-site <strong>and</strong> not<br />
taken to hospital<br />
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Types <strong>of</strong> <strong>Rail</strong> Accidents<br />
Derailments (Running Line)<br />
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<strong>NSW</strong><br />
Australia<br />
Jan – Dec 2005 Jan-June 2006 Jan – Dec 2005 Jan-June 2006<br />
56 15 149 52<br />
Collision with Infrastructure<br />
<strong>NSW</strong><br />
Australia<br />
Jan – Dec 2005 Jan-June 2006 Jan – Dec 2005 Jan-June 2006<br />
54 22 107 45<br />
Signals Passed at Danger<br />
<strong>NSW</strong><br />
Australia<br />
Jan – Dec 2005 Jan-June 2006 Jan – Dec 2005 Jan-June 2006<br />
213 97 336 217<br />
Collisions (Running Line)<br />
<strong>NSW</strong><br />
Australia<br />
Jan – Dec 2005 Jan-June 2006 Jan – Dec 2005 Jan-June 2006<br />
6 21 6 230<br />
Collisions with person<br />
<strong>NSW</strong><br />
Australia<br />
Jan – Dec 2005 Jan-June 2006 Jan – Dec 2005 Jan-June 2006<br />
21 11 50 27<br />
Loading Irregularity<br />
<strong>NSW</strong><br />
Australia<br />
Jan – Dec 2005 Jan-June 2006 Jan – Dec 2005 Jan-June 2006<br />
173 83 496 249<br />
Source: Australian Transport <strong>Safety</strong> Bureau, Australian <strong>Rail</strong> safety Occurrence Data<br />
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A Guide to<br />
Legal<br />
Requirements<br />
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Legal Requirements<br />
<strong>NSW</strong> OHS Act 2000<br />
The <strong>NSW</strong> OHS Act 2000 is currently the overriding legislation that covers all<br />
<strong>NSW</strong> workplaces. It describes the general requirements necessary to ensure a<br />
safe <strong>and</strong> healthy workplace <strong>and</strong> is designed to reduce the number <strong>of</strong> injuries<br />
<strong>and</strong> illness in the workplace by imposing duty <strong>of</strong> care responsibilities on a<br />
range <strong>of</strong> individuals.<br />
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Employers, self-employed people, people in control <strong>of</strong> work premises, plant<br />
<strong>and</strong> substance, designers, manufacturers, suppliers <strong>and</strong> employees all have<br />
obligations with regard to workplace health, safety <strong>and</strong> welfare.<br />
The Act stipulates a duty for employers to consult with employees through a<br />
variety <strong>of</strong> consultation options, including workplace OHS committees, OHS<br />
representatives <strong>and</strong> other agreed arrangements. It also provides more detailed<br />
guidance through the use <strong>of</strong> regulations <strong>and</strong> codes <strong>of</strong> practice.<br />
WorkCover <strong>NSW</strong> administers the Act across industry through a range <strong>of</strong><br />
services. The Department <strong>of</strong> Mineral Resources administers the Act as it applies<br />
to mines.<br />
Objectives <strong>of</strong> the <strong>NSW</strong> OHS Act 2000<br />
The eight objectives <strong>of</strong> the <strong>NSW</strong> OHS Act are:<br />
• to secure <strong>and</strong> promote the health, safety <strong>and</strong> welfare <strong>of</strong> people at work<br />
• to protect people at a place <strong>of</strong> work against risks to health <strong>and</strong> safety arising<br />
out <strong>of</strong> activities <strong>of</strong> persons at work<br />
• to promote a safe <strong>and</strong> healthy work environment for people at work that<br />
protects them from injury <strong>and</strong> illness <strong>and</strong> that is adapted to their physiological<br />
<strong>and</strong> psychological needs<br />
• to provide for consultation <strong>and</strong> cooperation between employers <strong>and</strong><br />
employees in achieving the objects <strong>of</strong> this Act<br />
• to ensure that risks to health <strong>and</strong> safety at a place <strong>of</strong> work are identified,<br />
assessed <strong>and</strong> eliminated or controlled<br />
• to develop <strong>and</strong> promote community awareness <strong>of</strong> occupational health <strong>and</strong><br />
safety issues<br />
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• to provide a legislative framework that allows for progressively higher<br />
st<strong>and</strong>ards <strong>of</strong> occupational health <strong>and</strong> safety to take account <strong>of</strong> changes in<br />
technology <strong>and</strong> work practices<br />
• to protect people (whether or not at a place <strong>of</strong> work) against risks to health<br />
<strong>and</strong> safety arising from the use <strong>of</strong> plant that affects public safety.<br />
Regulations<br />
A regulation is law <strong>and</strong> is referred to in Part 3 Sections 33 to 39 <strong>of</strong> the Act.<br />
A regulation provides more detail than the Act <strong>and</strong> supports its general<br />
requirements.<br />
Some examples <strong>of</strong> the various topics incorporated into the regulation include:<br />
• Risk Management<br />
• Workplace Consultation<br />
• First Aid Facilities <strong>and</strong> Personnel<br />
• Hazardous Substances<br />
• Notification <strong>of</strong> Accidents<br />
• Manual H<strong>and</strong>ling<br />
• Confined Spaces<br />
• Plant<br />
• Noise Management<br />
• Penalty Notices<br />
A regulation can incorporate references where appropriate <strong>and</strong> frequently<br />
includes relevant st<strong>and</strong>ards as the basis <strong>of</strong> the regulation. This means that the<br />
information contained in the st<strong>and</strong>ard is law.<br />
The <strong>NSW</strong> government has established guidelines for government agencies when<br />
they are preparing regulations. These guidelines, known as ‘From Red Tape to<br />
Results’, set out certain objectives <strong>of</strong> best practice for regulatory systems. In<br />
summary regulations should:<br />
• have clear objectives <strong>and</strong> address identified problems<br />
• focus on desired outcomes, not the means <strong>of</strong> getting them<br />
• be simple to underst<strong>and</strong>, administer <strong>and</strong> enforce<br />
• have a high voluntary compliance rate<br />
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• clearly state the criteria <strong>and</strong> timeframes for approvals, licences,<br />
permits, etc<br />
• minimise the number <strong>of</strong> government agencies involved<br />
• take a whole government approach <strong>and</strong> integrate requirements across<br />
different agencies <strong>and</strong> regulatory systems<br />
• maximise benefits <strong>and</strong> minimise costs<br />
• not restrict competition<br />
• use commercial incentives where possible instead <strong>of</strong> comm<strong>and</strong> <strong>and</strong><br />
control rules<br />
• be developed in consultation with people affected by them.<br />
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OHS Regulation 2001<br />
The <strong>NSW</strong> OHS Act 2000 <strong>and</strong> the OHS Regulation 2001 were implemented<br />
simultaneously in 2001. The Regulation is a single document <strong>and</strong> replaces<br />
all 36 regulations made under the OHS Act (1983), the Factories, Shops <strong>and</strong><br />
Industries Act (1962) <strong>and</strong> the Construction <strong>Safety</strong> Act (1912). It also replaces the<br />
Construction <strong>Safety</strong> Act <strong>and</strong> part 3 <strong>of</strong> the Factories, Shops <strong>and</strong> Industries Act.<br />
The Regulation sets out requirements for implementation <strong>of</strong> a systematic risk<br />
management approach to workplace hazards. It continues existing requirements<br />
for manual h<strong>and</strong>ling, hazardous substances, noise control, certificates <strong>of</strong><br />
competency, business licensing <strong>and</strong> injury reporting. It introduces revised<br />
requirements for the working environment, plant safety, inorganic lead <strong>and</strong><br />
carcinogenic substances.<br />
The new Regulation rationalises administrative arrangements such as those<br />
required for exemptions <strong>and</strong> appeals.<br />
The Regulation also sets out requirements for workplace consultation. These<br />
requirements exp<strong>and</strong> upon the provisions <strong>of</strong> the Act <strong>and</strong> establish important<br />
processes to enhance consultation between employers <strong>and</strong> employees. The<br />
Regulation provides detail on how employers should consult with their<br />
employees to enable them to contribute to OHS decision-making through the<br />
OHS committee, OHS representative or other agreed arrangements.<br />
The Regulation has numerous chapters <strong>and</strong> parts, which are subdivided into<br />
divisions.<br />
The Regulation is not prescriptive. It sets out requirements for the implementation<br />
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<strong>of</strong> a systematic risk management process, which is supported by:<br />
• Approved Industry Codes <strong>of</strong> Practice<br />
• Australian St<strong>and</strong>ards (AS)<br />
• Australian <strong>and</strong> New Zeal<strong>and</strong> St<strong>and</strong>ards (AS/NZS)<br />
• National St<strong>and</strong>ards.<br />
Industrial Relations <strong>and</strong> OHS<br />
OHS legislation encourages participation between the employer <strong>and</strong> employees<br />
as the basic framework for achieving positive management <strong>of</strong> occupational<br />
health <strong>and</strong> safety. This is in addition to maintaining working relationships as<br />
provided for under Industrial Relations legislation.<br />
The <strong>NSW</strong> Industrial Relations Act 1996, <strong>and</strong> the Federal Workplace Relation<br />
Act 1996 regulate the performance <strong>of</strong> employment contracts through the system<br />
<strong>of</strong> Awards <strong>and</strong> Enterprise Agreements includes such things as pay rates <strong>and</strong><br />
conditions, duties <strong>of</strong> employees <strong>and</strong> mechanisms for resolving disputes over<br />
industrial matters.<br />
A key distinction <strong>of</strong> the industrial relations legislation compared to the <strong>NSW</strong><br />
OHS Act is that workplace disputes are resolved through grievance procedures<br />
<strong>and</strong> industrial tribunals, as opposed to consultation through the workplace health<br />
<strong>and</strong> safety committee, OHS representative or other agreed arrangements.<br />
As a result, there are essentially two legislated mechanisms for dispute resolution<br />
within the workplace: one dealing with industrial issues <strong>and</strong> one dealing with OHS.<br />
It is recognised that OHS issues may become industrial in nature however, the<br />
appropriate forum for dealing with OHS issues is the OHS workplace committee<br />
or other established OHS workplace consultative process. It is important that<br />
the workplace committee establish its status within the workplace to resolve<br />
OHS problems while not becoming involved with purely industrial matters<br />
(eg. wages, conditions, overtime)<br />
<strong>Union</strong>s have achieved many improvements <strong>and</strong> changes in employee conditions<br />
over the years. The Act recognises this <strong>and</strong> gives restricted powers <strong>of</strong> entry <strong>and</strong><br />
inspection to authorised representatives. An authorised representative <strong>of</strong> an<br />
industrial organisation <strong>of</strong> employees is an <strong>of</strong>ficer <strong>of</strong> that organisation who is<br />
authorised under Part 7 <strong>of</strong> Chapter 5 <strong>of</strong> the Industrial Relations Act (1996).<br />
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Industry Codes <strong>of</strong> Practice<br />
Part 4, Section 40 – 46 <strong>of</strong> the Act provides information on industry codes <strong>of</strong><br />
practice. An industry code <strong>of</strong> practice is approved by the Minister for Industrial<br />
Relations <strong>and</strong> comes into effect on the day the notice <strong>of</strong> this approval is published<br />
in the <strong>NSW</strong> Government Gazette or on the day specified in the Gazette notice.<br />
An approved industry code provides practical guidance <strong>and</strong> advice on how<br />
to achieve the st<strong>and</strong>ard <strong>of</strong> health, safety <strong>and</strong> welfare required by the Act <strong>and</strong><br />
Regulation. Codes <strong>of</strong> practice are developed through tripartite consultation,<br />
which involves industry, employee <strong>and</strong> employer representation, special interest<br />
groups <strong>and</strong> government representation.<br />
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An approved industry code <strong>of</strong> practice is not law, however, it should be followed<br />
unless there is an alternative course <strong>of</strong> action which achieves the same or better<br />
st<strong>and</strong>ards <strong>of</strong> health, safety <strong>and</strong> welfare in the workplace.<br />
Employers, employees, designers, manufacturers <strong>and</strong> suppliers should use an<br />
approved industry code <strong>of</strong> practice in conjunction with the Act <strong>and</strong> Regulation.<br />
When a person or organisation has failed to ensure workplace health, safety<br />
<strong>and</strong> welfare, an approved industry code <strong>of</strong> practice can be used as evidence in<br />
the case for prosecution.<br />
WorkCover Inspectors can cite an approved industry code <strong>of</strong> practice when<br />
issuing improvement or prohibition notices. This means that a person or<br />
organisation must follow the advice <strong>and</strong> information provided in the code to<br />
correct an alleged breach <strong>of</strong> the Act or Regulations. Used in this way, approved<br />
industry codes <strong>of</strong> practice support the preventive focus <strong>of</strong> the Act.<br />
Some examples <strong>of</strong> approved codes <strong>of</strong> practice include:<br />
• OHS Consultation (2001)<br />
• OHS Induction Training for Construction Work (1999)<br />
• Noise Management <strong>and</strong> Protection <strong>of</strong> Hearing at Work (1997)<br />
• Control <strong>of</strong> Workplace Hazardous Substances (1996)<br />
• Labelling <strong>of</strong> Workplace Substances (1996)<br />
• Prevention <strong>of</strong> Occupational Overuse Syndrome (1996)<br />
• HIV <strong>and</strong> other Blood-Borne Pathogens in the Workplace (1996)<br />
• Manual H<strong>and</strong>ling (1991)<br />
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St<strong>and</strong>ards<br />
St<strong>and</strong>ards establish acceptable minimum levels or certain requirements, which<br />
must be addressed. These relate to a range <strong>of</strong> areas including quality, performance,<br />
construction design, endurance, time specificity, systems or processes <strong>and</strong><br />
certain hazards <strong>and</strong> controls. St<strong>and</strong>ards can also arise out <strong>of</strong> commonly adopted<br />
practices in certain industries, agreements between management <strong>and</strong> workers,<br />
or as a result <strong>of</strong> recommendations from advisory bodies.<br />
Specifications for a range <strong>of</strong> equipment, products <strong>and</strong> materials state they are<br />
safe <strong>and</strong> <strong>of</strong> good quality. If they meet requirements <strong>of</strong> relevant st<strong>and</strong>ards they<br />
carry the ‘st<strong>and</strong>ards mark’.<br />
St<strong>and</strong>ards may be developed by Australian <strong>and</strong> international organisations.<br />
Worksafe Australia, <strong>of</strong>ficially called the National Occupational Health <strong>and</strong><br />
<strong>Safety</strong> Commission (NOHSC), <strong>and</strong> St<strong>and</strong>ards Australia develop st<strong>and</strong>ards for<br />
reference by Australian employers <strong>and</strong> employees. St<strong>and</strong>ards Australia <strong>and</strong><br />
St<strong>and</strong>ards New Zeal<strong>and</strong> also develop <strong>and</strong> jointly review st<strong>and</strong>ards for use in<br />
both countries.<br />
St<strong>and</strong>ards developed by Worksafe Australia <strong>and</strong> St<strong>and</strong>ards Australia use an<br />
abbreviation <strong>of</strong> their organisation’s name (ie. NOHSC or AS) <strong>and</strong> an identifying<br />
number, year <strong>and</strong> title to enable easy access.<br />
Some examples <strong>of</strong> relevant st<strong>and</strong>ards include:<br />
• AS/NZS 4360: 1999 – Risk Management<br />
• AS/NZS 1269.0: 1998 – Occupational Noise Management<br />
• AS/NZS 4804: 1997 – OHS Management Systems – General guidelines on<br />
principles, systems <strong>and</strong> supporting techniques<br />
• AS/NZS 2293: 1995 – Emergency Evacuation Lighting for Buildings<br />
• AS 4801: 2000 – Occupational Health <strong>and</strong> <strong>Safety</strong> Management Systems<br />
– Specification with guidance for use<br />
• AS 1319: 1994 – <strong>Safety</strong> Signs for the Occupational Environment<br />
• NOHSC: 1001(1990) – National St<strong>and</strong>ard for Manual H<strong>and</strong>ling<br />
• NOSCH: 1010(1994) – National St<strong>and</strong>ard for Plant<br />
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Guidance Notes<br />
Guidance notes are explanatory documents issued by various organisations<br />
including: WorkCover <strong>NSW</strong>, Worksafe Australia <strong>and</strong> St<strong>and</strong>ards Australia.<br />
They provide detailed information to further support the various requirements<br />
<strong>of</strong> legislation, codes <strong>and</strong> st<strong>and</strong>ards.<br />
<strong>Safety</strong> Alerts<br />
<strong>Safety</strong> alerts emphasise dangers in relation to a specific risk for a particular job.<br />
The safety alert highlights the hazard, provides background information <strong>and</strong><br />
then makes recommendations or suggestions on how to reduce the risk.<br />
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Workplace Injury Management <strong>and</strong><br />
Workers Compensation Act 1998<br />
This law requires employers to insure their workers against work-related illness<br />
<strong>and</strong> injury. In <strong>NSW</strong> it also requires employers to provide workplace injury<br />
management, including rehabilitation to assist workers to return to work after<br />
a work related illness or injury. It also specifies the benefits <strong>and</strong> entitlements for<br />
workers on compensation.<br />
While the focus <strong>of</strong> the <strong>NSW</strong> OHS Act 2000 is on prevention, it works<br />
in conjunction with the Workplace Injury Management <strong>and</strong> Workers<br />
Compensation Act 1998, which deals with the failure to prevent illness <strong>and</strong><br />
injury in the workplace.<br />
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Summary<br />
Over the last decade WorkCover <strong>NSW</strong> has implemented a program <strong>of</strong> major<br />
reform to occupational health <strong>and</strong> safety legislation. This has resulted in<br />
significant changes to the way that we manage workplace health <strong>and</strong> safety<br />
<strong>and</strong> to the responsibilities <strong>of</strong> everyone in the workplace.<br />
The new laws require employers to:<br />
• adopt a systematic risk management approach to workplace health <strong>and</strong><br />
safety hazards<br />
• implement specific risk control measures<br />
• consult with all employees on OHS matters that affect their health <strong>and</strong><br />
safety.<br />
It is the responsibility <strong>of</strong> every employer to consult with all their employees<br />
to determine the most effective way <strong>of</strong> managing their workplace health <strong>and</strong><br />
safety.<br />
It is also the responsibility <strong>of</strong> the employer, the management chain, OHS<br />
committee members <strong>and</strong> OHS representatives to have a thorough underst<strong>and</strong>ing<br />
<strong>and</strong> implement the requirements <strong>of</strong> the <strong>NSW</strong> OHS Act 2000, OHS Regulation<br />
2001, OHS Consultation Code <strong>of</strong> Practice <strong>and</strong> any other relevant guidance<br />
material that supports the legislation. This preventative action will assist in<br />
making workplaces safer <strong>and</strong> help to keep employees healthy <strong>and</strong> unharmed.<br />
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SECTION TWO<br />
Monitoring<br />
OHS<br />
Programs<br />
<strong>and</strong><br />
Procedures<br />
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CONTENTS<br />
SECTION TWO<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
OHS Responsibilities<br />
General Duties <strong>of</strong> Employer 4<br />
Employer’s Duties to others 6<br />
Responsibilities <strong>of</strong> Employees 9<br />
Systematic Management <strong>of</strong><br />
OHS<br />
Developing OHS Management<br />
Systems 15<br />
Developing OHS Programs 18<br />
Developing OHS Policy 20<br />
Sample OHS Policy 22<br />
Safe Work Method Statements 26<br />
Managing OHS Checklist 28<br />
Consultation <strong>and</strong><br />
OHS Legislation<br />
<strong>NSW</strong> OHS Act <strong>and</strong><br />
Consultation 30<br />
OHS Consultation Code <strong>of</strong><br />
Practice 31<br />
Duty to Consult 31<br />
Nature <strong>and</strong> Forms <strong>of</strong><br />
Consultation 32<br />
Consultation Checklist 35<br />
OHS Committee Checklist 36<br />
Risk Management<br />
OHS Risk Analysis 38<br />
Hazard Identification 40<br />
OHS Risk Assessment 42<br />
Hazpak Risk Assessment<br />
Model 44<br />
Control <strong>of</strong> Risks 46<br />
Risk Management Checklist 50<br />
Roles <strong>and</strong> Powers <strong>of</strong> <strong>Union</strong> <strong>and</strong><br />
OHS Representatives<br />
The Workplace Representatives<br />
<strong>and</strong> the law 53<br />
General Scope <strong>and</strong> Functions <strong>of</strong><br />
OHS representatives 53<br />
OHS Committee Training 56<br />
Resolving OHS Issues 57<br />
Powers <strong>of</strong> Entry <strong>of</strong> Places<br />
<strong>of</strong> Work 58<br />
OHS representatives Ckecklist 61<br />
Safe Working Techniques<br />
Risk Identification,<br />
Assessment <strong>and</strong> Control 64<br />
Risk Assessment 66<br />
Workplace <strong>and</strong> Workstation<br />
Layout 66<br />
Safe Work Practices Checklist 69<br />
Conducting Workplace OHS<br />
Inspections<br />
Workplace Inspections as Part<br />
<strong>of</strong> Consultative Process 72<br />
Legal Provisions 72<br />
Conducting Workplace<br />
Inspections 74<br />
Preparing <strong>and</strong> Presenting a<br />
Workplace Inspection Report 75<br />
Sample Inspection Checklist 77<br />
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A Guide<br />
to OHS<br />
Responsibilities<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
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General Duties <strong>of</strong> Employers<br />
Part 2, Division 1 <strong>of</strong> the OHS Act 2000 outlines the general duties <strong>of</strong> employers<br />
<strong>and</strong> others in <strong>NSW</strong> workplaces.<br />
This is an important part <strong>of</strong> the Act in terms <strong>of</strong> establishing OHS responsibilities.<br />
Section 8(1) states that an employer must ensure the health, safety <strong>and</strong> welfare<br />
at work <strong>of</strong> all the employees <strong>of</strong> the employer therefore, placing the ultimate<br />
responsibility for OHS on the employer. It broadly describes some <strong>of</strong> the<br />
activities an employer needs to undertake to meet their responsibilities. These<br />
include providing the following:<br />
Safe premises<br />
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The employer must ensure that any premises that they control <strong>and</strong> where<br />
employees work, are safe <strong>and</strong> without risk to health. This includes maintaining<br />
safe entry <strong>and</strong> exits to workplaces <strong>and</strong> ensuring they are clear <strong>of</strong> obstructions.<br />
The workplace itself must also be kept in a condition that is safe <strong>and</strong> without<br />
risk. This could include such things as placing equipment in appropriate storage<br />
areas, cleanliness <strong>and</strong> removal <strong>of</strong> spilled substances to prevent slips, trips <strong>and</strong><br />
falls, preventing obstructions at fire doors etc. Emergency evacuation <strong>and</strong><br />
containment <strong>of</strong> fire can be assisted through effective housekeeping.<br />
Safe plant <strong>and</strong> substances<br />
The employer must provide employees with plant <strong>and</strong> substances that are<br />
suitable <strong>and</strong> safe for the job <strong>and</strong> that do not create any risk when used in<br />
a correct manner. Plant includes machinery, related equipment, appliances,<br />
implements or tools <strong>and</strong> any components or fittings. Substances can be natural<br />
or artificial or in solid, liquid, gas or vapour form.<br />
The employer must make arrangements to ensure that any plant <strong>and</strong> substance is<br />
properly used, h<strong>and</strong>led, stored <strong>and</strong> transported. They must also make available<br />
adequate information about substances including any research or relevant tests<br />
that have been carried out <strong>and</strong> any conditions necessary to ensure that the<br />
substance is safe <strong>and</strong> without risk. This could include information about the<br />
dangers <strong>of</strong> the substances, how to use them safely <strong>and</strong> what to do if there is an<br />
accidental spillage.<br />
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Safe systems <strong>of</strong> work<br />
The way in which the work is done, including the activities, processes <strong>and</strong><br />
procedures that operate in the working environment should be designed<br />
taking account <strong>of</strong> health <strong>and</strong> safety. Safe systems <strong>of</strong> work can be applied at the<br />
individual level with regard to tasks that employees undertake as part <strong>of</strong> their<br />
job <strong>and</strong> at a broader level, concerning the integration <strong>of</strong> tasks with those <strong>of</strong><br />
other employees at the workplace.<br />
Safe systems <strong>of</strong> work consider how <strong>and</strong> when the task is done, steps involved,<br />
equipment required, skills <strong>and</strong> knowledge <strong>of</strong> employees <strong>and</strong> specific safety<br />
issues.<br />
Unsafe work practices should be prevented by establishing systems <strong>of</strong> work <strong>and</strong><br />
work targets that are safe <strong>and</strong> by providing safety equipment where necessary.<br />
Safe systems <strong>of</strong> work should be enforced through appropriate supervision.<br />
Provision <strong>of</strong> information, instruction, training <strong>and</strong> supervision<br />
Information relevant to the health <strong>and</strong> safety <strong>of</strong> employees should be available in<br />
the workplace. This includes information about the safe use <strong>of</strong> plant, equipment<br />
<strong>and</strong> substances that are used in the workplace.<br />
<strong>Safety</strong> signs are part <strong>of</strong> management’s responsibility however the use <strong>of</strong> signs in<br />
the workplace does not remove the need to provide safe systems <strong>of</strong> work or other<br />
appropriate information <strong>and</strong> training, nor does it transfer OHS responsibility<br />
to the employee.<br />
Employers should ensure that employees are adequately instructed <strong>and</strong> trained<br />
in safe systems <strong>of</strong> work. This includes safe methods for carrying out tasks, use<br />
<strong>of</strong> equipment or substances, use <strong>of</strong> health <strong>and</strong> safety control measures <strong>and</strong><br />
personal protective equipment, reporting <strong>and</strong> emergency procedures.<br />
Employees should receive the necessary supervision to ensure health <strong>and</strong> safety.<br />
A range <strong>of</strong> factors will determine what is meant by ‘necessary’. These may<br />
include complexity <strong>of</strong> the tasks, associated hazards <strong>and</strong> level <strong>of</strong> risk, skills,<br />
knowledge <strong>and</strong> experience <strong>of</strong> the employee, the workplace <strong>and</strong> environment<br />
<strong>and</strong> the system <strong>of</strong> work.<br />
Working environment <strong>and</strong> facilities<br />
Aspects <strong>of</strong> the working environment that ensure the workplace is without risk<br />
with regard to welfare may include employee amenities (toilets, washrooms,<br />
meal rooms), sufficient floor space, appropriate lighting <strong>and</strong> temperature<br />
control, suitable work targets <strong>and</strong> work organisation.<br />
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Employer’s Duties to Others<br />
Section 8(2) <strong>of</strong> the OHS Act states that an employer must ensure that people<br />
(other than the employees <strong>of</strong> the employer) are not exposed to risks to their<br />
health <strong>and</strong> safety arising from the conduct <strong>of</strong> the employer’s undertaking while<br />
they are at the employers place <strong>of</strong> work.<br />
This means that the employer is responsible for the health <strong>and</strong> safety <strong>of</strong> people<br />
other than employees, who may be present at the workplace.<br />
Others at the workplace could include:<br />
• customers, passengers or clients visiting the workplace<br />
• visitors on inspections<br />
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• school students on work experience<br />
• independent contractors who carry out work on the premises, eg. installing,<br />
maintaining or repairing equipment<br />
• workers <strong>of</strong> other employers who are present at the workplace<br />
• customers or contractors who use plant, equipment or substances supplied<br />
by the employer.<br />
Some <strong>of</strong> the health <strong>and</strong> safety issues that may involve others at the workplace<br />
include:<br />
• visitors who require personal protective equipment (PPE), such as hard<br />
hats or hearing protection<br />
• contractors who work in an unsafe manner, creating risks for others<br />
• contractors who undertake work considered to have significant risk or<br />
requiring particular skills <strong>and</strong> knowledge eg. asbestos removal<br />
• work experience students with minimal awareness <strong>of</strong> OHS issues<br />
• children visiting a workplace that does not have appropriate guarding on<br />
machinery<br />
• delivery drivers unaware <strong>of</strong> site safety procedures for access, parking <strong>and</strong><br />
loading/unloading.<br />
The employer is responsible for the health <strong>and</strong> safety <strong>of</strong> all people at the<br />
workplace although the extent <strong>of</strong> this responsibility will vary according to<br />
circumstances <strong>and</strong> level <strong>of</strong> control.<br />
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Workplace Violence towards <strong>Bus</strong> Drivers<br />
There have been a number <strong>of</strong> recent reported incidents involving attacks<br />
on STA buses <strong>and</strong> violence towards bus drivers, that both illustrate the<br />
extent <strong>and</strong> types <strong>of</strong> health <strong>and</strong> safety dangers, <strong>and</strong> the measures required<br />
to address these. The recent attacks by throwing bricks at buses driving<br />
along Anzac Parade to Maroubra, required an immediate response <strong>of</strong><br />
police escorts as well as a Plan <strong>of</strong> Action devised between the RTBU, State<br />
Transit Authority, Police <strong>and</strong> Government.<br />
The following Six Point Action Plan was developed to address the issues.<br />
1. High visibility police patrols <strong>and</strong> covert police operations to catch rock<br />
throwers;<br />
2. Police increasing the priority they give to rock attacks – through faster<br />
response times;<br />
3. More private security guards on buses <strong>and</strong> better deployment <strong>of</strong> security<br />
resources on high risk bus routes;<br />
4. Working with the local council to conduct a safety audit <strong>of</strong> bus<br />
routes; installing CCTV at high risk bus stops <strong>and</strong> other preventative<br />
measures, such as extra lighting <strong>and</strong> removing rocks <strong>and</strong> debris from<br />
the roadside;<br />
5. Using School Liaison Police to increase young people’s awareness <strong>of</strong><br />
the dangerous consequences <strong>of</strong> rock throwing <strong>and</strong> the tough penalties<br />
that apply; <strong>and</strong><br />
6. State Transit <strong>and</strong> the RTBU working together on increased security for<br />
buses including driver protection screens, shatter-pro<strong>of</strong> windows <strong>and</strong><br />
other measures.<br />
Duties <strong>of</strong> designers, manufacturers <strong>and</strong> suppliers<br />
Plant, equipment <strong>and</strong> substances used in work processes have a significant<br />
effect on workplace health <strong>and</strong> safety. In order for employers <strong>and</strong> employees<br />
to meet their health <strong>and</strong> safety responsibilities, they need to be informed about<br />
how to use plant, equipment <strong>and</strong> substances safely.<br />
Section 11 <strong>of</strong> the Act requires that a person who designs, manufactures<br />
(including assemble, install <strong>and</strong> erect) <strong>and</strong> supplies any plant or substance for<br />
use by people at work must ensure that the plant or substance is safe <strong>and</strong><br />
without risks to health, when it is used properly.<br />
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This means that the designer, manufacturer <strong>and</strong> supplier are all independently<br />
responsible for:<br />
• identifying hazards<br />
• assessing the potential risk posed by the hazard<br />
• controlling the risk<br />
• reviewing the risk assessment.<br />
Part <strong>of</strong> this risk management process involves each party obtaining <strong>and</strong><br />
providing relevant <strong>and</strong> adequate information when necessary.<br />
Details on the design, manufacture <strong>and</strong> supply <strong>of</strong> plant <strong>and</strong> substance can be<br />
found in the relevant chapters <strong>of</strong> the Regulation.<br />
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Designers, manufacturers <strong>and</strong> suppliers are required to test their products to<br />
ensure they are safe when used properly. They are also required to make available<br />
information about the results <strong>of</strong> these tests <strong>and</strong> about the requirements for their<br />
safe usage in the workplace.<br />
Material <strong>Safety</strong> Data Sheets<br />
Chapter 6 <strong>of</strong> the Regulation requires manufacturers to prepare material safety<br />
data sheets (MSDS) before the hazardous substance is supplied to another person<br />
for use at work. The MSDS must clearly identify each hazardous substance to<br />
which it relates <strong>and</strong> must include the following information:<br />
• recommended uses<br />
• chemical <strong>and</strong> physical properties<br />
• description <strong>of</strong> each ingredient used in its preparation<br />
• relevant health hazard information<br />
• precautions to be followed for safe use<br />
• emergency <strong>and</strong> general contact details <strong>of</strong> the manufacturer (in Australia).<br />
The manufacturer must review <strong>and</strong> revise the MSDS as <strong>of</strong>ten as necessary or at<br />
intervals not exceeding five years.<br />
It is also the manufacturer’s responsibility to provide the MSDS to any:<br />
• person who supplies the hazardous substance for use at work<br />
• person who is involved with the use <strong>of</strong> the hazardous substance <strong>and</strong> requests<br />
an MSDS<br />
• medical or health practitioner who requires an MSDS for emergency medical<br />
treatment.<br />
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Similar responsibilities are required for those organisations that supply<br />
hazardous substances. The supplier is responsible for providing an MSDS the<br />
first time the substance is supplied to the employer <strong>and</strong> on request from people<br />
that are involved with its use. The supplier must make sure that substances<br />
are labelled correctly <strong>and</strong> that any other relevant information requested by the<br />
employer is provided.<br />
It is part <strong>of</strong> the role <strong>of</strong> OHS committee members <strong>and</strong> OHS representatives<br />
to be aware <strong>of</strong> the responsibilities <strong>of</strong> designers, manufacturers <strong>and</strong> suppliers.<br />
The employer’s health <strong>and</strong> safety information system should ensure that all<br />
available MSDS are obtained from manufacturers/suppliers <strong>and</strong> made available<br />
to the committee members or representative(s).<br />
Responsibilities <strong>of</strong> Employees<br />
Employees have the right to work in a safe <strong>and</strong> healthy workplace. In return an<br />
employee also has responsibilities.<br />
Division 3 – Section 20 <strong>of</strong> the Act states that an employee at work must:<br />
• take reasonable care for the health <strong>and</strong> safety <strong>of</strong> other people at the<br />
workplace that may be affected by the employee’s actions<br />
• cooperate with the employer in anything that the employer does or<br />
requires, in order to ensure safety.<br />
Employees must make sure that their actions do not put other people at risk.<br />
They must work safely, use <strong>and</strong> maintain plant <strong>and</strong> equipment properly <strong>and</strong><br />
ensure that their work area is free <strong>of</strong> hazards. Cooperating with the employer<br />
may include:<br />
• notifying supervisors <strong>of</strong> actual <strong>and</strong> potential hazards<br />
• wearing or using prescribed safety equipment eg. PPE, machine guarding<br />
• carrying out work in a safe manner<br />
• following health <strong>and</strong> safety instructions<br />
• taking notice <strong>of</strong> signs<br />
• adhering to speed limits eg. forklift<br />
• participating in safety training.<br />
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Section 21 <strong>of</strong> the Act states that a person must not, intentionally or recklessly<br />
interfere with or misuse anything provided in the interests <strong>of</strong> health<br />
<strong>and</strong> safety <strong>and</strong> welfare under occupational health <strong>and</strong> safety legislation.<br />
This may include:<br />
• moving or defacing signs<br />
• tampering with warning alarms<br />
• removing machine guards<br />
• skylarking<br />
• playing jokes<br />
• behaving in a way that results in risk to others.<br />
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Section 22 <strong>of</strong> the Act establishes that employees must not be charged by the<br />
employer for anything that the employer provides or does, in relation to OHS.<br />
This means that employees should not:<br />
• be asked to pay for a training course that the employer feels is necessary<br />
to the safe system <strong>of</strong> work<br />
• be required to provide their own PPE (if the employer has determined that<br />
PPE is required)<br />
• be required to pay for equipment that is required to do the job safely, or<br />
otherwise contribute to its purchase<br />
• lose pay or time if they are working as a member <strong>of</strong> an OHS committee<br />
or as an OHS representative.<br />
Section 23 <strong>of</strong> the Act protects employees who raise health <strong>and</strong> safety issues.<br />
Possible situations may include:<br />
• making a complaint about OHS to the health <strong>and</strong> safety committee, OHS<br />
representative, WorkCover Inspector or any other person<br />
• being an OHS representative or a member <strong>of</strong> an OHS committee or exercising<br />
any functions <strong>of</strong> these positions.<br />
Section 24 <strong>of</strong> the Act deals with the fact that an employee must not intentionally<br />
hinder or obstruct:<br />
• the giving or receiving <strong>of</strong> any form <strong>of</strong> aid in the case <strong>of</strong> injury or illness to a<br />
person at work<br />
• any act to avoid or prevent a serious risk to the health or safety <strong>of</strong> a person<br />
at work.<br />
Section 25 deals with the <strong>of</strong>fence <strong>of</strong> deliberately creating a risk to the health<br />
<strong>and</strong> safety <strong>of</strong> people at work with the intention <strong>of</strong> causing disruption to the<br />
workplace. This would involve bomb threats, intentional false alarms etc.<br />
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Responsibilities <strong>of</strong> Directors <strong>and</strong> Managers <strong>of</strong> Corporations<br />
Division 1, Section 8 <strong>of</strong> the OHS Act 2000 places the ultimate responsibility<br />
for the health, safety <strong>and</strong> welfare <strong>of</strong> all employees at work, on the employer. In<br />
some organisations there may be more than one individual that can be called<br />
the employer.<br />
The employer may be represented through a system <strong>of</strong> management involving<br />
senior management, middle management <strong>and</strong> supervisors.<br />
Division 4 <strong>of</strong> the Act makes ancillary provision with respect to the liability <strong>of</strong><br />
directors <strong>and</strong> managers <strong>of</strong> corporations. Section 26 addresses the allocation<br />
<strong>of</strong> responsibility where there is a complex management structure. This section<br />
extends the OHS responsibility <strong>of</strong> the employer to directors, managers <strong>and</strong><br />
supervisors.<br />
Directors, managers <strong>and</strong> supervisors are directly responsible for OHS within<br />
areas under their control. In addition, if they are in a position to influence the<br />
conduct <strong>of</strong> the organisation or those involved, the responsibility is extended to<br />
any area where a health <strong>and</strong> safety hazard exists.<br />
The following examples clarify the extent <strong>of</strong> responsibility that managers<br />
<strong>and</strong> supervisors have under the Act.<br />
• A departmental manager has been informed that administration staff<br />
have not received appropriate training in the use <strong>of</strong> <strong>of</strong>fice equipment but<br />
fails to address the problem with the supervisor.<br />
• The chief executive <strong>of</strong>ficer decides to reduce the number <strong>of</strong> maintenance<br />
staff against the advice <strong>of</strong> the OHS committee. Some months later a<br />
faulty piece <strong>of</strong> equipment injures an employee.<br />
• A supervisor has been informed by the OHS representative that a work<br />
activity in another part <strong>of</strong> the production line is causing minor burns<br />
to several employees. All supervisors attend regular meetings with the<br />
production manager to discuss production <strong>and</strong> safety issues.<br />
In the first two examples, managers are aware <strong>of</strong> <strong>and</strong> have ultimate control<br />
over the health <strong>and</strong> safety problems. They are responsible for any incidents that<br />
result from inadequate action being taken. In the third example the supervisor<br />
is aware <strong>of</strong> a hazardous situation however, it is outside their immediate control.<br />
Despite this, they are in a position to influence the management <strong>of</strong> the hazardous<br />
situation by reporting it to the production manager.<br />
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Directors, managers <strong>and</strong> supervisors cannot use the defence that they did not<br />
know about an OHS issue. If it is within their control or they are in a position<br />
to influence OHS then they may be held responsible.<br />
Section 28 describes that it is a defence if a person can prove that:<br />
• it was not reasonably practicable for the person to comply with the<br />
provision, or<br />
• that the <strong>of</strong>fence was due to causes over which the person had no control <strong>and</strong><br />
it was impractical to make provision for.<br />
What is reasonably practicable will vary depending on the individual<br />
circumstances <strong>of</strong> each case. The courts would consider factors similar to those<br />
used in establishing reasonable care under common law.<br />
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• What is reasonable in the circumstances?<br />
• What is the magnitude <strong>of</strong> the risk?<br />
• What is the degree <strong>of</strong> probability <strong>of</strong> an incident occurring?<br />
• Was an approved industry code <strong>of</strong> practice, other recognised document or<br />
safe work method <strong>of</strong> an equivalent or higher st<strong>and</strong>ard followed?<br />
• Have changing technology, work methods, processes, equipment etc been<br />
accounted for?<br />
• Are current accepted industry <strong>and</strong>/or community st<strong>and</strong>ards being adhered<br />
to?<br />
• Has potential employee inattention, misjudgment or carelessness been<br />
considered?<br />
• Is there a safer method that would have prevented an incident occurring?<br />
• Are there any conflicting responsibilities that may influence actions to be<br />
taken?<br />
• Is the cost <strong>of</strong> preventing an incident out <strong>of</strong> all proportion to the gravity <strong>of</strong><br />
risk <strong>and</strong> probability <strong>of</strong> it occurring?<br />
The Act provides for penalties <strong>of</strong> fines for corporations <strong>and</strong> individuals who<br />
are prosecuted for OHS breaches. The table shows the main penalties under<br />
the Act.<br />
Maximum for Prosecutions 2nd <strong>of</strong>fence 1st <strong>of</strong>fence<br />
Corporation 7500 p/u 5000 p/u<br />
Individual Acting for a 750 p/u or 500 p/u<br />
Corporation (e.g Director Imprisonment for 2<br />
or Manager)<br />
Years or Both<br />
P/U = Penalty unit. One Penalty unit is currently equivalent to $110.<br />
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A Guide to<br />
Systematic<br />
Management<br />
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Systematic Management <strong>of</strong> OHS<br />
This Section <strong>of</strong> the <strong>Safety</strong> <strong>Matters</strong> Guide looks at overall monitoring <strong>and</strong><br />
systematic management <strong>of</strong> OHS issues. This Section outlines some <strong>of</strong><br />
the main principles <strong>and</strong> requirements <strong>of</strong> effective OHS management<br />
systems. It is intended that additional material will be added to this Section that<br />
are relevant to particular workplaces or that address new industry initiatives<br />
<strong>and</strong> developments.<br />
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The Waterfall train crash <strong>and</strong> subsequent Inquiry finding provide a graphic<br />
example <strong>of</strong> the consequences <strong>of</strong> failing to systematically manage OHS. As the<br />
Waterfall Inquiry Interim report made clear that tragedy was a result <strong>of</strong> systemic<br />
failures in capital equipment, inadequate training, fatigue <strong>and</strong> inadequate<br />
medical care <strong>of</strong> frontline staff performing safety critical work.<br />
Waterfall Inquiry Findings<br />
The findings <strong>of</strong> the Waterfall Inquiry were particularly critical at the<br />
systemic failure <strong>of</strong> State <strong>Rail</strong> to plan <strong>and</strong> manage safe operations. Amongst<br />
its conclusions on the factors which contributed to the accident are:<br />
(a) The failure <strong>of</strong> State <strong>Rail</strong> to manage the risk <strong>of</strong> a high speed roll-over<br />
(b) The deadman pedal was not fail-safe in either its design or operation<br />
(c) No adequate testing <strong>of</strong> the system was undertaken<br />
(d) No system was established to enable identification <strong>of</strong> safety hazards<br />
(e) No system <strong>of</strong> accountability or responsibility for the safety devices<br />
installed on Tangara trains<br />
(f) No adequate assessment <strong>of</strong> the deficiencies in the safety system<br />
(ii) These failures were part <strong>of</strong> a ‘broader failure to properly manage<br />
safety in at least the following respects:<br />
(iii) There was a pervasive lack <strong>of</strong> safety awareness within the<br />
management <strong>of</strong> the State <strong>Rail</strong> Authority<br />
(iv) There was a culture which enabled safety violations to occur<br />
(v) There were no integrated system for communication <strong>of</strong> safety<br />
critical information<br />
(vi) There was a failure by State <strong>Rail</strong> to learn from other rail systems<br />
(vii) State <strong>Rail</strong> Authority failed to disclose information in its annual<br />
safety reports to the Department <strong>of</strong> Transport<br />
(viii) State rail Authority had a weak safety culture<br />
(ix) Approach <strong>of</strong> State <strong>Rail</strong> Authority to safety management was<br />
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The report also identified ‘human factors’ such as the train guards’ inadequate<br />
training <strong>and</strong> rostering leading to fatigue <strong>and</strong> diminished capacity to assess<br />
<strong>and</strong> respond to what was occurring.<br />
These are issues that are <strong>of</strong> concern to all employees employed by all private<br />
<strong>and</strong> public transport operators. It will be increasingly necessary for <strong>Union</strong> <strong>and</strong><br />
OHS representatives in the workplace to be actively engaged in the systematic<br />
management <strong>and</strong> monitoring <strong>of</strong> OHS systems in their workplace. There is also<br />
a responsibility on the <strong>Union</strong> <strong>and</strong> its members <strong>and</strong> all those involved in OHS to<br />
identify key areas <strong>of</strong> concern <strong>and</strong> to work towards effective solutions.<br />
Developing OHS Management Systems<br />
The systematic <strong>and</strong> strategic management <strong>of</strong> OHS is vital in preventing<br />
workplace accidents, injuries <strong>and</strong> illness. This involves developing formal<br />
<strong>and</strong>/ or informal management systems for dealing with occupational health<br />
<strong>and</strong> safety matters. That is, OHS should be integral to the overall strategic<br />
business planning <strong>of</strong> the company, <strong>and</strong> not viewed as an ‘add-on’ or side<br />
issue.<br />
The Australian St<strong>and</strong>ard for Occupational Health <strong>and</strong> <strong>Safety</strong> Management<br />
Systems (AS 4804 1997) defines an OHS management system as:<br />
The part <strong>of</strong> the overall management system which includes<br />
organisational structure, planning activities, responsibilities, practices,<br />
procedures, processes <strong>and</strong> resources for developing, implementing,<br />
achieving, reviewing <strong>and</strong> maintaining the OHS policy, <strong>and</strong> so managing<br />
the OHS risks associated with the business or the organisation’.<br />
Principles <strong>of</strong> Occupational Health <strong>and</strong><br />
<strong>Safety</strong> Management Systems (OHSMS)<br />
The Act <strong>and</strong> its supporting regulatory <strong>and</strong> advisory framework provide broad<br />
objectives <strong>and</strong> in some circumstances, detailed guidance to assist employers,<br />
employees <strong>and</strong> others in achieving health <strong>and</strong> safety. The legislative framework<br />
must be considered <strong>and</strong> applied specifically in relation to each individual<br />
workplace in order to achieve optimum health <strong>and</strong> safety.<br />
However, due to the complexity <strong>of</strong> workplaces, the interaction <strong>of</strong> people, plant,<br />
substances <strong>and</strong> systems, the organisational structure <strong>and</strong> workforce culture,<br />
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implementing the legislation can be difficult <strong>and</strong> <strong>of</strong>ten becomes reactive <strong>and</strong> ad<br />
hoc. The ideal way to implement the Act is through a planned, systematic <strong>and</strong><br />
coordinated approach.<br />
Many <strong>of</strong> the recommendations from the Report on the Inquiry into Workplace<br />
<strong>Safety</strong> conducted by the St<strong>and</strong>ing Committee on Law & Justice, were focused<br />
on the need for a systematic approach to workplace health <strong>and</strong> safety. In<br />
particular, that ‘the OHS Act be amended to impose a duty upon employers to<br />
adopt a systematic approach to occupational health <strong>and</strong> safety. This systematic<br />
approach could be as simple as the application <strong>of</strong> the six step approach to OHS<br />
being promoted by WorkCover <strong>NSW</strong> in its community awareness campaign,<br />
or it could be as complex as the application <strong>of</strong> an accredited OHS management<br />
system.’<br />
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Several reports have been written evaluating the effectiveness <strong>of</strong> OHSMS,<br />
with the objective <strong>of</strong> increasing the underst<strong>and</strong>ing <strong>of</strong> the role <strong>and</strong> function <strong>of</strong><br />
OHSMS to encourage all Australian workplaces to adopt a more systematic<br />
approach to the management <strong>of</strong> OHS.<br />
WorkCover <strong>NSW</strong> has developed a Six Step Approach to serve as a guide<br />
in developing OHS systems. The steps that should be included in the<br />
occupational health <strong>and</strong> safety strategy are:<br />
• Develop an OHS policy <strong>and</strong> related programs<br />
• Set up a consultation mechanism with employees<br />
• Establish a training strategy<br />
• Establish a hazard identification <strong>and</strong> workplace assessment process<br />
• Develop <strong>and</strong> implement risk control<br />
• Promote, maintain <strong>and</strong> improve these strategies<br />
These steps <strong>and</strong> their components are discussed in more detail in the<br />
following sections.<br />
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Employer Commitment <strong>and</strong> Policy<br />
An organisation’s OHS policy is a public statement signed by senior management<br />
expressing commitment <strong>and</strong> intent to manage OHS responsibilities throughout<br />
the whole organisation. The policy is intended to clearly inform employees,<br />
suppliers, customers <strong>and</strong> other relevant parties that OHS is an integral part <strong>of</strong><br />
all operations.<br />
The formation <strong>of</strong> an OHS policy assists in the development <strong>of</strong> a proactive OHS<br />
culture in the organisation.<br />
An OHS policy should:<br />
• state the organisation’s health <strong>and</strong> safety objectives<br />
• express the employer’s/organisation’s commitment to OHS <strong>and</strong> continual<br />
improvement in the control <strong>of</strong> work-related injury <strong>and</strong> illness<br />
• include a commitment to comply with relevant OHS legislation <strong>and</strong> with<br />
other requirements to which the organisation subscribes<br />
• be dynamic <strong>and</strong> relevant to the organisation’s overall vision <strong>and</strong> objectives<br />
• be appropriate to the nature <strong>and</strong> scale <strong>of</strong> the organisation’s OHS risk<br />
• specify the responsibilities <strong>of</strong> managers, supervisors <strong>and</strong> employees in<br />
achieving<br />
OHS objectives<br />
• form the basis upon which the OHS programs are established to achieve the<br />
objectives<br />
• allocate appropriate physical <strong>and</strong> human resources to ensure objectives are<br />
achieved<br />
• be signed or authorised by the most senior person in the organisation<br />
• include an issue <strong>and</strong> review date<br />
• be documented <strong>and</strong> communicated throughout the organisation<br />
• be available to interested parties <strong>and</strong> clearly understood by everyone<br />
• be reviewed regularly to ensure it remains relevant <strong>and</strong> appropriate to the<br />
organisation.<br />
OHS Programs<br />
OHS programs are the specific activities that the organisation conducts to<br />
achieve the policy objectives <strong>and</strong> commitment. Programs can be general in nature or<br />
may apply to specific hazards.<br />
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A general program could establish risk management in the organisation. This<br />
could then lead to more specific programs based on various hazards or work<br />
areas. A range <strong>of</strong> OHS programs could include:<br />
• management <strong>of</strong> particular hazards<br />
• specific safety activities<br />
• reporting systems<br />
• investigation processes<br />
• emergency management<br />
• Personal Protective Equipment (PPE)<br />
• OHS training <strong>and</strong> other information strategies.<br />
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Developing OHS Programs<br />
Successful programs rely on the commitment <strong>of</strong> everyone in the workplace.<br />
Consultation with all <strong>of</strong> those affected by the program will increase commitment<br />
<strong>and</strong> acceptance. The OHS committee is usually the forum in which employees<br />
contribute to the development <strong>of</strong> programs.<br />
Some key stages in the development <strong>of</strong> OHS programs are:<br />
1. Identify the OHS hazards or issues that need to be dealt with<br />
The hazards or issues need to be established <strong>and</strong> clearly defined. They should<br />
be considered in terms <strong>of</strong> the potential outcomes for harm, the context <strong>of</strong> the<br />
workplace (ie people, plant, substances, the systems or work activities in place<br />
etc) current processes <strong>and</strong> technology <strong>and</strong> resources.<br />
2. Determine appropriate action<br />
Consider what needs to be done in order to manage the identified issues.<br />
This could include:<br />
• changes to the work system, processes or methods<br />
• information <strong>and</strong> training<br />
• risk management strategies eg. manual h<strong>and</strong>ling, noise, hazardous<br />
substances<br />
• resources to be provided<br />
• researching new technology<br />
• the role <strong>and</strong> responsibilities <strong>of</strong> involved parties<br />
• supervising <strong>and</strong> reviewing the program.<br />
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3. Specify objectives or performance measures<br />
OHS programs should specify objectives in order to determine their success.<br />
Objectives should be specific, measurable <strong>and</strong> achievable. They should also<br />
make reference to time, cost <strong>and</strong> quality requirements where applicable.<br />
4. Monitor the program<br />
Programs should be reviewed at the end <strong>of</strong> the stated time frame, however it<br />
is usually necessary to monitor the program on an ongoing basis to enable<br />
problems to be dealt with as they arise, or modifications to be made if required.<br />
For example, additional resources may need to be allocated, a certain type <strong>of</strong><br />
training may be required, new information or legislation may affect current<br />
actions etc.<br />
Mechanisms should be established to enable employees <strong>and</strong> supervisors to<br />
express their concerns about any aspect <strong>of</strong> the program. The OHS committee<br />
<strong>and</strong>/or OHS representative should be involved in this process to strengthen<br />
consultation <strong>and</strong> commitment.<br />
5. Evaluate <strong>and</strong> review<br />
Programs must be flexible. Once in place they must be reviewed to ensure<br />
their objectives are being met in effectively promoting health <strong>and</strong> safety in<br />
the workplace. The OHS committee/OHS representative should have a role in<br />
the process <strong>of</strong> review <strong>and</strong> evaluation. They can then make recommendations<br />
to management about what should be done in the future to enable continual<br />
improvement or take corrective action. This should be done with direct reference<br />
to the stated program objectives or performance measures.<br />
One method <strong>of</strong> evaluating the program could be for the OHS committee/OHS<br />
representative to survey employees <strong>and</strong> supervisors about the effectiveness <strong>of</strong><br />
the program at the end <strong>of</strong> a designated period.<br />
If the program is successful <strong>and</strong> a decision is made to continue with it on a<br />
permanent basis, periodic review is important. Changes in technology, legislation<br />
<strong>and</strong> work systems may result in improved prevention <strong>and</strong> control strategies.<br />
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Developing OHS Policy?<br />
An OHS Policy is a way an organisation communicates its commitment<br />
to a safe <strong>and</strong> healthy workplace <strong>and</strong> the responsibilities <strong>of</strong> everyone in the<br />
workplace to achieve this.<br />
Successful management <strong>of</strong> health <strong>and</strong> safety in the workplace requires the<br />
following elements:<br />
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1. A commitment by the employer to provide a workplace that is safe <strong>and</strong><br />
without risks to health. This commitment is demonstrated by giving health<br />
<strong>and</strong> safety issues priority in all decisions affecting the workplace <strong>and</strong> the<br />
conduct <strong>of</strong> work.<br />
2. The provision <strong>of</strong> adequate resources to ensure the workplace is safe <strong>and</strong><br />
without risks. Adequate resources are needed to ensure that things such<br />
as equipment are safe <strong>and</strong> properly maintained. OHS issues are promptly<br />
addressed <strong>and</strong> employees are trained to carry out their tasks in a safe<br />
manner.<br />
3. OHS responsibilities are clearly defined <strong>and</strong> people in the workplace are<br />
aware <strong>of</strong> their responsibilities <strong>and</strong> are competent <strong>and</strong> resources to meet<br />
them.<br />
4. There is an OHS program comprising <strong>of</strong> a range <strong>of</strong> health, safety <strong>and</strong> welfare<br />
to enable the workplace to identify hazards, assess risks <strong>and</strong> implement<br />
control measures to ensure the highest level <strong>of</strong> workplace health <strong>and</strong><br />
safety. Such activities as hazard reporting, accident <strong>and</strong> incident reporting,<br />
emergency procedures <strong>and</strong> incorporating health <strong>and</strong> safety into job design,<br />
training <strong>and</strong> purchasing would constitute the OHS program.<br />
By developing an OHS policy which addresses these issues, the organisation<br />
can clearly express its commitment to a safe <strong>and</strong> healthy workplace <strong>and</strong> how<br />
it is going to achieve it.<br />
Steps in Developing an OHS Policy<br />
The WorkCover Workplace <strong>Safety</strong> Kit describes the following six steps in<br />
developing an OHS Policy.<br />
• Determine OHS responsibilities<br />
It is important that this is done before the policy is developed sot he<br />
responsibilities can be incorporated into the policy to emphasise what<br />
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the organisation expects <strong>of</strong> everyone in ensuring a safe <strong>and</strong> healthy<br />
workplace.<br />
• Do a rough draft <strong>of</strong> the policy covering the issues in the sample policy<br />
provided.<br />
• Discuss it with senior management <strong>and</strong> reach agreement on the draft.<br />
• Discuss the draft with your OHS consultative committee, OHS representatives<br />
or other consultative mechanisms established to develop your OHS system.<br />
• Put the draft out for comment by employees <strong>and</strong> review if necessary<br />
• Have senior management endorse the policy<br />
• Publicise <strong>and</strong> promote the policy. This can be done by:<br />
(a) Placing copies <strong>of</strong> the policy in prominent positions in the organisation<br />
(notice boards, lunch room, foyer)<br />
(b) Using the policy to drive the OHS program<br />
(c) Incorporating the policy in OHS training<br />
Delegates <strong>and</strong> OHS Representatives should make themselves familiar with the<br />
OHS <strong>and</strong> related policies in their workplaces.<br />
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Sample OHS Policy<br />
General Policy<br />
The occupational health <strong>and</strong> safety <strong>of</strong> all persons employed within the<br />
organisation <strong>and</strong> those visiting the organisation is considered to be <strong>of</strong> the<br />
utmost importance. Resources in line with the importance attached to<br />
occupational health <strong>and</strong> safety will be made available to comply with all<br />
relevant Acts <strong>and</strong> Regulations <strong>and</strong> to ensure that the workplace is safe <strong>and</strong><br />
without risk to health.<br />
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Management’s Responsibility<br />
The promotion <strong>and</strong> maintenance <strong>of</strong> occupational health <strong>and</strong> safety is<br />
primarily the responsibility <strong>of</strong> management. Management at all levels<br />
is required to take contribute to the health <strong>and</strong> safety <strong>of</strong> all persons in<br />
the workplace. To this end, it is management’s responsibility to develop,<br />
implement <strong>and</strong> keep under review, in consultation with its employees, the<br />
Organisation’s OHS Program.<br />
Specifi c Responsibilities<br />
a) MANAGERS<br />
Each manager is required to ensure that this policy <strong>and</strong> the OHS<br />
Program is developed <strong>and</strong> effectively implemented in their areas <strong>of</strong><br />
control, <strong>and</strong> to support supervisors <strong>and</strong> hold them accountable for<br />
their specific responsibilities.<br />
b) SUPERVISORS<br />
Each first-line supervisor is responsible, <strong>and</strong> will be held accountable,<br />
for taking all practical measures to ensure:<br />
• that in the area <strong>of</strong> their control the OHS Program is complied with <strong>and</strong><br />
employees are supervised <strong>and</strong> trained to meet their requirements under<br />
this Program;<br />
• that employees are consulted in issues which affect their health <strong>and</strong><br />
safety <strong>and</strong> any concerns they may have are referred to management.<br />
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c) EMPLOYEES<br />
All employees are required to co-operate with the OHS Policy <strong>and</strong> Programs<br />
to ensure their own health <strong>and</strong> safety <strong>and</strong> the health <strong>and</strong> safety <strong>of</strong> others<br />
in the workplace.<br />
d) CONTRACTORS AND SUB-CONTRACTORS<br />
All Contractors <strong>and</strong> sub-contractors engaged to perform work on the<br />
organisation’s premises or locations are required, as part <strong>of</strong> their contract,<br />
to comply with the occupational health <strong>and</strong> safety policies, procedures<br />
<strong>and</strong> programs <strong>of</strong> the organisation <strong>and</strong> to observe directions on health <strong>and</strong><br />
safety from designated <strong>of</strong>ficers <strong>of</strong> the organisation. Failure to comply or<br />
observe a direction will be considered a breach <strong>of</strong> the contract <strong>and</strong> sufficient<br />
grounds for termination <strong>of</strong> the contract.<br />
Occupational Health <strong>and</strong> <strong>Safety</strong> Program<br />
In order to implement the general provisions <strong>of</strong> this policy, a program <strong>of</strong><br />
activities <strong>and</strong> procedures will be set up, continually updated <strong>and</strong> effectively<br />
carried out. The program will relate to all aspects <strong>of</strong> occupational health<br />
<strong>and</strong> safety including:<br />
• OHS training <strong>and</strong> education;<br />
• work design, workplace design <strong>and</strong> st<strong>and</strong>ard work methods;<br />
• changes to work methods <strong>and</strong> practice; including those associated with<br />
technological change;<br />
• emergency procedures <strong>and</strong> drills;<br />
• provision <strong>of</strong> OHS equipment, services <strong>and</strong> facilities;<br />
• workplace inspections <strong>and</strong> evaluations;<br />
• reporting <strong>and</strong> recording <strong>of</strong> incidents, accidents, injuries <strong>and</strong> illnesses;<br />
<strong>and</strong>;<br />
• provision <strong>of</strong> information to employees, contractors <strong>and</strong> subcontractors.<br />
MANAGER’S SIGNATURE _____________________ DATE / /<br />
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Procedures<br />
Procedures provide more detailed instruction <strong>and</strong> generally support the<br />
implementation <strong>of</strong> an OHS program. They are usually specific to particular<br />
hazards or work activities. For example, an emergency management program<br />
may include, among other things, evacuation procedures, crowed control,<br />
bomb threat procedures <strong>and</strong> first aid procedures.<br />
Procedures for implementing programs may include:<br />
• induction or other training strategies<br />
• information bulletins<br />
• on the job instruction<br />
• initial increased supervision<br />
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• written checklists, safe work methods or job safety analyses<br />
• ongoing monitoring <strong>and</strong> review.<br />
Benefi ts <strong>of</strong> Jointly Developing Policy, Programs <strong>and</strong> Procedures<br />
The benefits <strong>of</strong> joint development <strong>of</strong> policy, programs <strong>and</strong> procedures are:<br />
• employees consulting <strong>and</strong> taking ownership <strong>of</strong> the safety programs <strong>and</strong><br />
procedures that directly affect them<br />
• increased employee commitment <strong>and</strong> adherence to the new program <strong>and</strong><br />
procedures<br />
• employee empowerment, feeling <strong>of</strong> involvement <strong>and</strong> knowledge <strong>of</strong> why the<br />
programs <strong>and</strong> procedures have been implemented<br />
• all issues relevant to a safety program are considered<br />
• the development <strong>of</strong> a comprehensive, effective program<br />
• increases probability <strong>of</strong> success in achieving the objectives.<br />
Safe Systems <strong>of</strong> Work<br />
One <strong>of</strong> the key responsibilities <strong>of</strong> the OHS committee/OHS representative or<br />
other agreed consultative mechanism, is to assist in developing a safe working<br />
environment <strong>and</strong> safe systems <strong>of</strong> work.<br />
In general terms, the employer can ensure a safe working environment <strong>and</strong><br />
system <strong>of</strong> work by providing:<br />
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• a workplace that is without risk to health, safety <strong>and</strong> welfare<br />
• safe <strong>and</strong> adequate plant, equipment <strong>and</strong> substances<br />
• appropriate plans, procedures, work methods<br />
• suitable instruction, information, training <strong>and</strong> supervision<br />
• adequate resources, including qualified personnel<br />
• ongoing <strong>and</strong> effective review <strong>and</strong> improvement.<br />
To ensure a safe working environment <strong>and</strong> system <strong>of</strong> work managers <strong>and</strong><br />
supervisors (as the employer’s representatives) should:<br />
• implement OHS policy <strong>and</strong> procedures<br />
• identify workplace hazards<br />
• monitor <strong>and</strong> enforce corrective action<br />
• consult with employees <strong>and</strong> OHS committee/OHS representative<br />
• investigate incidents<br />
• provide relevant induction <strong>and</strong> ongoing training<br />
• respond to OHS issues raised by employees or the OHS committee/OHS<br />
representative <strong>and</strong> take corrective action where possible<br />
• submit statistics <strong>and</strong> reports<br />
• develop appropriate OHS solutions<br />
• ensure systems <strong>of</strong> work are reviewed <strong>and</strong> continuously improved.<br />
Safe systems <strong>of</strong> work should:<br />
• designate responsibility for the achievement <strong>of</strong> objectives <strong>and</strong> targets to<br />
relevant personnel/supervisors <strong>and</strong> sections <strong>of</strong> the organisation<br />
• include timeframes by which objectives <strong>and</strong> targets will be achieved<br />
• be developed in the planning <strong>and</strong> design stages <strong>of</strong> new projects or during<br />
initial business establishment<br />
• include a process for reviewing the system<br />
• directly respond or take account <strong>of</strong> identified OHS hazards <strong>and</strong> risk levels<br />
• be considered in relation to the ongoing operations <strong>of</strong> the organisation<br />
• be updated to reflect changes to the activities, products or services <strong>of</strong> the<br />
organisation (eg. introduction <strong>of</strong> a new product) or significant changes in<br />
operating conditions (eg. change <strong>of</strong> location).<br />
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Safe Work Method Statements<br />
Safe work method statements, known also as safe operating procedures or job<br />
safety analyses (may be named differently in your sector <strong>of</strong> the industry) are<br />
particularly important when planning <strong>and</strong> implementing work. They specify<br />
methods <strong>of</strong> carrying out certain types <strong>of</strong> work activities, tasks or hazardous<br />
work. The OHS committee <strong>and</strong>/or OHS representative can be involved in<br />
their development.<br />
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A safe work method statement is itself a type <strong>of</strong> checklist. It is used to describe<br />
the job that has to be done. It can be used to anticipate possible health <strong>and</strong><br />
safety issues <strong>and</strong> to program work effectively. Safe work method statements can<br />
also assist in quality assurance <strong>and</strong> meeting legal or contractual requirements.<br />
The aims <strong>of</strong> a safe work method statement are to:<br />
• describe the task or job to be done<br />
• identify the physical <strong>and</strong> human resources <strong>and</strong> skills required<br />
• identify the health, safety <strong>and</strong> welfare hazards associated with the task<br />
• assess <strong>and</strong> select hazard controls as appropriate<br />
• systematically plan the job so it can be completed efficiently <strong>and</strong> effectively.<br />
Safe work method statements should:<br />
• be developed <strong>and</strong> documented prior to the commencement <strong>of</strong> a job<br />
• involve consultation with employees<br />
• incorporate risk assessment results<br />
• explain job procedures in a logical step-by-step order<br />
• be read <strong>and</strong> understood by the employees, before commencing work<br />
• be signed by the employees, once it has been read <strong>and</strong> understood<br />
• be included as part <strong>of</strong> an employee’s induction training<br />
• become part <strong>of</strong> the organisation’s safety plan<br />
• be written in plain English with minimal jargon <strong>and</strong> presented in a suitable<br />
format (eg. pro-forma charts or forms).<br />
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The OHS Committee/OHS Representative <strong>and</strong><br />
Systematic OHS Management<br />
The committee <strong>and</strong>/or OHS representative can assist the employer with every<br />
aspect <strong>of</strong> systematically managing OHS from the development <strong>of</strong> policy <strong>and</strong><br />
programs through to evaluation <strong>and</strong> recommending improvements.<br />
They can assist in the development <strong>of</strong> a safe working environment <strong>and</strong> safe<br />
systems <strong>of</strong> work <strong>and</strong> the formation <strong>of</strong> OHS policy suitable to their workplace.<br />
When assisting in the development <strong>of</strong> OHS programs <strong>and</strong> strategies as part <strong>of</strong> a<br />
systematic approach, the committee <strong>and</strong>/or OHS representative should discuss<br />
the issues with employees at the workplace. Consultation will ensure that the<br />
suggestions, concerns <strong>and</strong> solutions are truly representative <strong>of</strong> <strong>and</strong> relevant to<br />
the workplace. Committees <strong>and</strong>/or OHS representatives also need adequate<br />
information to provide correct <strong>and</strong> suitable assistance.<br />
There are many publications that can assist in the development <strong>and</strong><br />
effective implementation <strong>of</strong> OHSMS. These include:<br />
(b) AS/NZS 4804: 1997 Occupational health <strong>and</strong> safety management systems<br />
– General guidelines on principles, systems <strong>and</strong> supporting techniques<br />
(b) AS 4801: 2000 Occupational health <strong>and</strong> safety management systems –<br />
Specification with guidance for use<br />
(b) Six Step Approach to Managing OHS WorkCover – Workplace <strong>Safety</strong> Kit<br />
– A step by step guide to safety for business<br />
• <strong>Safety</strong> Map<br />
• OHS&R Management System Guidelines<br />
Every organisation is unique <strong>and</strong> will have different requirements <strong>of</strong> an<br />
OHSMS, therefore the same model will not suit every workplace.<br />
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Managing OHS Checklist<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Checklist Yes No<br />
Is there a system in place that is routinely used by employees to identify<br />
<strong>and</strong> report OHS incidents in your workplace?<br />
Have employees been informed <strong>of</strong> all aspects <strong>of</strong> the OHS management<br />
system?<br />
Does your workplace have an OHS policy?<br />
Is the employer meeting all <strong>of</strong> their (under the OHS Act, Regulations)<br />
obligations in relation to OHS management systems?<br />
Is a system in place <strong>and</strong> routinely used (eg: regular workplace<br />
inspections) to identify, assess <strong>and</strong> control hazards?<br />
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Does your workplace regularly assess <strong>and</strong> analyse the OHS procedures<br />
<strong>and</strong> programs?<br />
Is there regular communication <strong>and</strong> consultation between management<br />
<strong>and</strong> employees about hazard identification <strong>and</strong> risk assessment in your<br />
workplace?<br />
Are employee OHS representatives directly involved in OHS policy <strong>and</strong><br />
program development in your workplace?<br />
Is there training or skills development for employees to improve OHS<br />
management processes in your workplace?<br />
Are detailed records maintained <strong>and</strong> analysed by the employer in<br />
relation to injuries, illness <strong>and</strong> incidents/accidents?<br />
Does your workplace have regular OHS inspections <strong>and</strong> audits?<br />
Are the OHS management measures in your workplace regularly<br />
reviewed?<br />
Is the OHS management system in your workplace routinely<br />
monitored, reviewed <strong>and</strong> evaluated?<br />
What needs to be done?<br />
• To establish effective OHS representation?<br />
• To improve OHS representation in your workplace?<br />
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A Guide to<br />
Consultation<br />
<strong>and</strong> OHS<br />
Legislation<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
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<strong>NSW</strong> OHS Act <strong>and</strong> Consultation<br />
The <strong>NSW</strong> OHS Act 2000 was introduced as a result <strong>of</strong> the<br />
recommendations made in the Report on the Inquiry into Workplace<br />
<strong>Safety</strong> conducted by the St<strong>and</strong>ing Committee on Law & Justice, which<br />
included the McCallum Report (Final Report <strong>of</strong> the Panel <strong>of</strong> Review <strong>of</strong> the<br />
Occupational Health <strong>and</strong> <strong>Safety</strong> Act, 1983).<br />
The committee’s report included a recommendation that the ‘Occupational<br />
Health <strong>and</strong> <strong>Safety</strong> Act 1983 be amended to require employers to consult<br />
with their employees at all stages <strong>of</strong> the planning <strong>and</strong> implementation <strong>of</strong> a<br />
systematic approach to the management <strong>of</strong> occupational health <strong>and</strong> safety’.<br />
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There was also a recommendation to look at new mechanisms to develop <strong>and</strong><br />
improve consultation in the workplace.<br />
This requirement for consultation is reflected by object (d) <strong>of</strong> the <strong>NSW</strong> OHS<br />
Act 2000:<br />
‘to provide for consultation <strong>and</strong> cooperation between employers <strong>and</strong><br />
employeesin achieving the objects <strong>of</strong> this Act.’<br />
The legal requirements for consultation in <strong>NSW</strong> workplaces are provided in the<br />
following legislation:<br />
<strong>NSW</strong> OHS Act 2000, Part 2, Division 2, Section 13 – 19<br />
OHS Regulation 2001, Chapter 3 – Workplace Consultation, Clause 21 – 32<br />
The Act provides choices on how consultation can occur. Workplaces may<br />
choose to establish one or more <strong>of</strong> the following:<br />
• OHS Committee or Committees<br />
• OHS Representative or Representatives Elected by Employees<br />
• Other Agreed Arrangements between Employer <strong>and</strong> Employees<br />
The Regulation provides more detailed requirements to support the Act. Both<br />
the Act <strong>and</strong> the Regulation are law <strong>and</strong> must be followed however, there is<br />
sufficient scope for each workplace <strong>and</strong> OHS committee/OHS representative<br />
to develop their own systems <strong>and</strong> procedures. For example, while the Act<br />
states that an election must be held for employee representatives, the method<br />
<strong>of</strong> voting can be decided by the workplace. The Act <strong>and</strong> Regulation provide<br />
some information about the functions <strong>of</strong> the committee however, the committee<br />
can establish their own constitution to deal with day-to-day operations <strong>and</strong><br />
administration.<br />
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OHS Consultation Code <strong>of</strong> Practice<br />
The OHS Consultation Code <strong>of</strong> Practice is a practical guide for meeting the<br />
duty to consult requirements set out in the Act <strong>and</strong> Regulation.<br />
The OHS Consultation Code <strong>of</strong> Practice references relevant sections <strong>of</strong> the Act<br />
<strong>and</strong> Regulation as they arise <strong>and</strong> includes:<br />
• instruction on the provisions <strong>of</strong> the Act <strong>and</strong> the Regulation<br />
• practical guidance <strong>and</strong> tools to assist industry to implement <strong>and</strong> maintain<br />
meaningful <strong>and</strong> effective consultative arrangements<br />
• several case studies highlighting how various workplaces undertake<br />
consultation about health <strong>and</strong> safety.<br />
Duty to Consult<br />
Division 2 – Section 13 <strong>of</strong> the OHS Act states that an employer<br />
‘must consult, in accordance with this Division, with the employees<br />
<strong>of</strong> the employer to enable the employees to contribute to the making<br />
<strong>of</strong> decisions affecting theirhealth, safety <strong>and</strong> welfare at work’.<br />
It is essential that employees be given opportunities for genuine participation in<br />
decision-making about all aspects <strong>and</strong> issues concerning OHS in the workplace.<br />
Consultation is not only a legal requirement. It is also an essential way to<br />
identify hazards <strong>and</strong> other OHS issues experienced by employees. Employees<br />
are <strong>of</strong>ten the ones working with the greatest risks therefore they can <strong>of</strong>ten<br />
provide valuable advice about possible solutions.<br />
The maximum penalties for an <strong>of</strong>fence against an employer’s duty to consult<br />
range from 250 penalty points in the case <strong>of</strong> an individual to 750 penalty points<br />
for a corporation.<br />
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Nature <strong>of</strong> Consultation<br />
Section 14 <strong>of</strong> the Act states that consultation under this Division requires:<br />
(a) ‘the sharing <strong>of</strong> relevant information about occupational health, safety <strong>and</strong><br />
welfare with employees<br />
(b) that employees be given the opportunity to express their views <strong>and</strong> to<br />
contribute in a timely fashion to the resolution <strong>of</strong> occupational health,<br />
safety <strong>and</strong> welfare issues at their place <strong>of</strong> work<br />
(c) that the views <strong>of</strong> employees are valued <strong>and</strong> taken into account by the<br />
employer.’<br />
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When an employer is determining how they should meet their duty to consult,<br />
they need to consider:<br />
• the type <strong>of</strong> decisions that may affect their employees’ health <strong>and</strong> safety<br />
• who is responsible for making these decisions<br />
• when these decisions are made<br />
• the effectiveness <strong>of</strong> the existing consultation process.<br />
Effective OHS consultation involves the employer sharing relevant information<br />
with employees <strong>and</strong> ensuring that employees are given the opportunity to express<br />
their views <strong>and</strong> contribute to discussions about OHS matters before decisions<br />
are made. Consultation can be effective or ineffective. The OHS Consultation<br />
Code <strong>of</strong> Practice provides a guide that outlines the difference between effective<br />
<strong>and</strong> ineffective consultation. It can also be used as a guide to assess whether<br />
consultative arrangements adopted by an organisation are working effectively.<br />
The OHS Consultation Code <strong>of</strong> Practice provides a guide that outlines the<br />
differences between effective <strong>and</strong> ineffective consultation.<br />
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Table 1: Effective <strong>and</strong> Ineffective Consultation<br />
When consultation<br />
occurs<br />
Employer role<br />
Employer skills<br />
needed<br />
Employee role<br />
Effective<br />
Early, before agenda <strong>and</strong><br />
decisions are made<br />
Interested in <strong>and</strong> values<br />
employees’ ideas<br />
Interpersonal, facilitative,<br />
listening<br />
Pro-active, employees<br />
encouraged to suggest ideas<br />
Ineffective<br />
After the agenda is set <strong>and</strong><br />
decisions are made<br />
No recognition <strong>of</strong> the benefits <strong>of</strong><br />
consultation<br />
No skills needed<br />
Reactive, employees have no<br />
role in improving OHS<br />
Employee skills<br />
Interaction style<br />
Approach toward<br />
each other<br />
Process<br />
Training provided in<br />
communication skills <strong>and</strong> risk<br />
assessment<br />
Planned, genuine <strong>and</strong><br />
collaborative<br />
Trust, mutual respect<br />
Open <strong>and</strong> receptive to employee<br />
participation<br />
No training provided to enable<br />
effective participation<br />
Directionless, token or sporadic<br />
Mistrust, lack <strong>of</strong> respect for<br />
differing points <strong>of</strong> view<br />
Invisible, barriers to employee<br />
participation<br />
Information Relevant information provided Limited access to information<br />
Communication<br />
Outcomes<br />
When Consultation is Required<br />
Opportunities for one-toone<br />
communication with<br />
employees, clear <strong>and</strong> ongoing<br />
feedback<br />
Outcomes result in<br />
improvements to the systems<br />
for managing safety<br />
No direct communication with<br />
employees, no feedback<br />
There is no improvement in how<br />
safety is managed<br />
Consultation between the employer <strong>and</strong> their employees should occur whenever<br />
an employee, OHS committee member, OHS representative, or manager is<br />
aware <strong>of</strong> an issue that has implications for the health, safety or welfare <strong>of</strong><br />
employees. Section 15 <strong>of</strong> the Act requires that consultation must occur when:<br />
• risks are assessed or reviewed<br />
• measures are proposed to eliminate or control risks<br />
• monitoring procedures are introduced or altered (including procedures for<br />
health surveillance)<br />
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• decisions are made about the adequacy <strong>of</strong> facilities<br />
• changes are proposed to premises where people work, systems or methods <strong>of</strong><br />
work, plant or substances used for work<br />
• hazards have been identified as a risk to OHS<br />
• decisions are made about procedures for consultation<br />
• in any other case prescribed by the Regulation.<br />
Consultation must also occur:<br />
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• before purchasing items used for work that have implications for the health<br />
<strong>and</strong> safety <strong>of</strong> employees<br />
• before employees are trained in OHS<br />
• when setting up emergency procedures.<br />
To ensure that consultation is timely, effective <strong>and</strong> meaningful, it is essential<br />
that the employer adopt a systematic approach to health <strong>and</strong> safety in the<br />
workplace. A systematic approach to the management <strong>of</strong> OHS will increase the<br />
likelihood <strong>of</strong> preventing workplace injury <strong>and</strong> disease. Involving employees in<br />
the consultation <strong>and</strong> planning process will assist in the identification <strong>of</strong> hazards<br />
<strong>and</strong> in the assessment <strong>and</strong> control <strong>of</strong> the risk involved.<br />
Related Obligations <strong>of</strong> Employer with Respect to Duty to Consult<br />
Clause 27(1)(h) <strong>of</strong> the Regulation states that an employer must<br />
‘facilitate the OHS consultation arrangements <strong>of</strong> another employer<br />
where employees <strong>of</strong> that other employer are working at the employer’s<br />
place <strong>of</strong> work.’<br />
This means that when contractors or labour hire employees are on site it is<br />
essential that effective communication <strong>and</strong> consultation take place about OHS<br />
issues that include everyone on site.<br />
The principal contractor, whether as an employer or person in control <strong>of</strong> a<br />
workplace, should have a system <strong>of</strong> communication <strong>and</strong> consultation about<br />
risks <strong>and</strong> proposed risk control measures as part <strong>of</strong> their management system.<br />
The contractor should advise the principal contractor about how consultation<br />
will take place with the contractor’s employees before commencing work.<br />
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OHS Consultation Checklist<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Checklist Yes No<br />
Are employees in the workplace aware <strong>of</strong> the consultation mechanisms<br />
<strong>and</strong> processes?<br />
Do all employees in your workplace have opportunities to contribute<br />
<strong>and</strong> participate in OHS decision-making?<br />
Are there effective OHS consultation mechanisms <strong>and</strong> processes in<br />
place in your workplace?<br />
Is there regular <strong>and</strong> on-going communication <strong>and</strong> information sharing<br />
on OHS issues <strong>and</strong> decisions?<br />
Is the employer meeting all <strong>of</strong> their legal (under the OHS Act,<br />
Regulations) obligations to consult on OHS?<br />
Is there regular time <strong>and</strong> resource commitments to consultation around<br />
OHS issues in your workplace?<br />
Do employees consider the OHS consultation arrangements to be<br />
suitable <strong>and</strong> credible?<br />
Do employees have access to, <strong>and</strong> input into OHS information <strong>and</strong><br />
records in your workplace?<br />
Are the views <strong>of</strong> employees valued <strong>and</strong> taken into account in OHS<br />
problem-solving <strong>and</strong> decision-making?<br />
Is there training or skills development to improve consultation<br />
processes in your workplace?<br />
Does consultation occur on all OHS issues (eg: introduction <strong>of</strong><br />
new work / technology, new procedures, when hazards have been<br />
identified)?<br />
Are other employees (other work areas, sub-contractors) included <strong>and</strong><br />
involved in the consultation process?<br />
Are the roles <strong>and</strong> responsibilities <strong>of</strong> management <strong>and</strong> employee<br />
participants clearly identified <strong>and</strong> understood?<br />
Are people <strong>and</strong> organisations, other then employees outside <strong>of</strong> the<br />
workplace involved <strong>and</strong> participate in the consultation process?<br />
What needs to be done?<br />
• To establish effective OHS consultation?<br />
• To improve OHS consultation in your workplace?<br />
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OHS Committee Checklist<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Checklist Yes No<br />
Does an OHS committee/s operate in your workplace?<br />
If a committee has been established, is it in accordance with the<br />
requirements under the OHS Act <strong>and</strong> Regulations?<br />
Do employee representatives chair the committee?<br />
Is there adequate resources for the work <strong>and</strong> functions <strong>of</strong> the OHS<br />
committee to be performed during paid time?<br />
Is the OHS committee effective in addressing <strong>and</strong> resolving OHS issues<br />
<strong>and</strong> concerns in your workplace?<br />
Are committee meetings <strong>and</strong> agendas planned <strong>and</strong> timetabled?<br />
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Has the committee agreed on methods, procedures <strong>and</strong> scope <strong>of</strong> its<br />
roles <strong>and</strong> functions?<br />
Is there a communication strategy in place for information to flow<br />
between employees, management <strong>and</strong> the committee?<br />
Are the roles <strong>and</strong> responsibilities <strong>of</strong> committee representatives defined<br />
<strong>and</strong> understood?<br />
Is there regular action taken <strong>and</strong> follow-up information as an outcome<br />
<strong>of</strong> each meeting?<br />
Do management <strong>and</strong> employee representatives actively participate in<br />
the committee on a regular basis?<br />
Is information (agendas, items for discussion, background information)<br />
distributed <strong>and</strong> discussed before OHS committee meetings?<br />
Are there clear procedures in place for dealing with issues <strong>and</strong> business<br />
items on the committee?<br />
Is the OHS committee effective in raising, resolving <strong>and</strong> monitoring<br />
OHS issues in the workplace?<br />
Does the committee have effective strategies to arrive at consensus<br />
decisions?<br />
Is the work <strong>of</strong> the OHS committee regularly reviewed <strong>and</strong> evaluated?<br />
What needs to be done?<br />
• To establish an effective OHS committee?<br />
• To improve the OHS committee in your workplace?<br />
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A Guide to<br />
Risk<br />
Management<br />
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OHS Risk Analysis<br />
The OHS Act <strong>and</strong> Regulation require that an employer must identify foreseeable<br />
hazards, assess the risks <strong>and</strong> to eliminate the risks, or where this is not practicable,<br />
to control the risks.<br />
This requirement applies to all hazards in all workplaces, <strong>and</strong> Chapter 2 <strong>of</strong> the<br />
Regulation makes it clear that no employer is excluded or exempted from these<br />
requirements.<br />
That is, all employers must identify hazards, assess the risks associated with<br />
those hazards <strong>and</strong> put in place effective measures <strong>and</strong> systems to eliminate or<br />
control the risks.<br />
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Risk management <strong>and</strong> Occupational Health <strong>and</strong><br />
<strong>Safety</strong> Management Systems<br />
Management <strong>of</strong> risk is an integral part <strong>of</strong> the OHS management process,<br />
appropriate aspects <strong>of</strong> which are carried out by a multi-disciplinary team. It is<br />
an interactive process <strong>of</strong> continual improvement.<br />
This systematic approach could be as simple as the application <strong>of</strong> the six step<br />
approach to OHS being promoted by WorkCover <strong>NSW</strong> in its community<br />
awareness campaign, or it could be as complex as the application <strong>of</strong> an<br />
accredited OHS management system.’<br />
The main elements are:<br />
• Establish the Context<br />
• Identify Risks<br />
• Analyse Risks<br />
• Evaluate risks<br />
• Treat risks<br />
• Monitor <strong>and</strong> review<br />
• Communicate <strong>and</strong> consult<br />
Risk management can be applied at many levels in an organisation. It may be<br />
applied to specific projects to assist with specific decisions or to manage specific<br />
recognised risk areas. Risk criteria can be strengthened to achieve progressively<br />
better levels <strong>of</strong> risk management <strong>and</strong> continual improvement <strong>of</strong> the whole<br />
system.<br />
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Undertaking OHS Risk Management<br />
To be most effective risk management should become part <strong>of</strong> an organisation’s<br />
culture. It should be integrated into an organisation’s philosophy, practices <strong>and</strong><br />
business plans so that everyone in the organisation is involved rather than being<br />
viewed or practiced as a separate program.<br />
OHS risk management involves the process <strong>of</strong> hazard identification <strong>and</strong> risk<br />
assessment <strong>and</strong> control. Information is gathered, decisions made <strong>and</strong> actions<br />
taken to rectify OHS issues. It is performance based, allowing employers the<br />
flexibility <strong>and</strong> capacity to develop more effective solutions to workplace health<br />
<strong>and</strong> safety issues.<br />
Chapter 2 <strong>of</strong> the OHS Regulation 2001 imposes obligations on all<br />
employers to implement risk management processes in all workplaces.<br />
Employers must take reasonable care to identify any foreseeable hazard<br />
that has the potential to harm the health <strong>and</strong> safety <strong>of</strong> employees or any<br />
other persons in the workplace.<br />
The Regulation defines a hazard as ‘anything (including work practices or<br />
procedures) that has the potential to harm the health or safety <strong>of</strong> a person’.<br />
Hazard prevention <strong>of</strong>fers the best opportunity for reducing workplace<br />
injury or illness.<br />
Hazards arise from the workplace environment, use <strong>of</strong> plant <strong>and</strong> substances,<br />
poor work design, inappropriate systems <strong>and</strong> procedures <strong>and</strong> human behaviour.<br />
In order to control hazards we need to be aware <strong>of</strong> their existence. Hazards can<br />
be classified into five broad areas:<br />
• physical eg. noise, radiation, light, vibration<br />
• chemical eg. poisons, dusts<br />
• biological eg. viruses, plants, parasites<br />
• mechanical/electrical eg. slips, trips <strong>and</strong> falls, tools, electrical equipment<br />
• psychological eg. stress, boring work, violence or aggression.<br />
Hazard management plans can be developed after hazards have been classified,<br />
eg. a chemical hazard management plan.<br />
The OHS Act (Section 15(a) <strong>and</strong> Section 18) <strong>and</strong> Regulation (Chapters<br />
2 <strong>and</strong> 3) clearly identify a key role for OHS Committees <strong>and</strong> OHS<br />
Representatives in workplace risk assessments <strong>and</strong> ‘to investigate any<br />
matter that may be a risk to health <strong>and</strong> safety at the place <strong>of</strong> work’.<br />
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It is important for employees to be aware <strong>of</strong> hazards. The OHS committee may<br />
recommend hazard specific training. In particular, the committee should consider<br />
the problems that specific groups may have concerning hazards, eg. employees<br />
from non-English speaking backgrounds, shift workers, new employees, young<br />
employees <strong>and</strong> others.<br />
Hazard Identifi cation<br />
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Hazard identification is the process <strong>of</strong> recognising that a hazard exists <strong>and</strong><br />
defining its characteristics. It involves finding all hazardous activities, situations,<br />
plant <strong>and</strong> equipment, products <strong>and</strong> processes. Hazards can be identified in a<br />
number <strong>of</strong> ways <strong>and</strong> all employees should be involved in hazard identification.<br />
It should take place at all stages <strong>of</strong> product or service delivery, from design to<br />
manufacture, supply <strong>and</strong> product use.<br />
Identifying hazards should be a systematic process. Systematic identification<br />
enables workplace hazards to be identified in a logical, structured manner.<br />
Systematic hazard identification methods include:<br />
<strong>Safety</strong> audit<br />
A systematic <strong>and</strong> periodic inspection <strong>of</strong> the workplace to evaluate the<br />
implementation <strong>and</strong> effectiveness <strong>of</strong> the organisation’s OHS management<br />
system.<br />
External consultants or workplace OHS pr<strong>of</strong>essionals may conduct the audit.<br />
Audits usually result in a written report for management <strong>and</strong> are referred to the<br />
OHS committee/OHS representative for consideration.<br />
Workplace inspections<br />
Regular, systematic, physical inspections <strong>of</strong> the workplace by managers,<br />
supervisors, OHS committees <strong>and</strong> OHS representatives. Inspections make use<br />
<strong>of</strong> observation, checklists <strong>and</strong> discussion to identify workplace hazards.<br />
In conducting inspections, consultation <strong>and</strong> cooperation between employers<br />
<strong>and</strong> employees is required. The OHS committee/OHS representative is involved<br />
in this process. The outcomes <strong>of</strong> inspections <strong>and</strong> control recommendations<br />
should be documented <strong>and</strong> made available to employees.<br />
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Incident/accident investigations<br />
Many workplaces have a set <strong>of</strong> procedures for reporting <strong>and</strong> investigating<br />
hazards <strong>and</strong> circumstances that contribute to incidents/accidents.<br />
Consultation<br />
Mechanisms in the workplace to identify hazards <strong>and</strong> bring them to the<br />
attention <strong>of</strong> those responsible for providing a safe <strong>and</strong> healthy workplace. OHS<br />
committees or representatives are examples <strong>of</strong> workplace consultation.<br />
Other agreed arrangements for consultation such as work meetings, quality<br />
circles <strong>and</strong> total quality management philosophies, provide a variety <strong>of</strong> forums<br />
in which employees can raise OHS issues <strong>and</strong> concerns.<br />
Records<br />
Workplaces are required to keep records on injuries, illness <strong>and</strong> incidents/<br />
accidents.<br />
Information about near hits can be very helpful in identifying hazards <strong>and</strong><br />
preventing potential harm or damage. Registers <strong>of</strong> hazardous substances, plant<br />
or injury are also useful.<br />
Many workplaces generate reports <strong>and</strong> statistics based on workers compensation<br />
claims. These statistics can be analysed to alert the organisation to the presence<br />
<strong>and</strong> frequency <strong>of</strong> hazards in the workplace.<br />
Environmental <strong>and</strong> health monitoring<br />
As with OHS audits, monitoring may be undertaken by OHS pr<strong>of</strong>essionals<br />
to provide technical advice about suspected problems. Monitoring may help<br />
in deciding whether a substance or process is a hazard <strong>and</strong>, if so, the level<br />
<strong>of</strong> risk involved. In this way, monitoring is not only associated with hazard<br />
identification, but also with workplace assessment <strong>and</strong> control measures.<br />
Environmental monitoring measures the hazards present in the workplace<br />
environment, whereas health monitoring considers exposure <strong>of</strong> the individual.<br />
Hazards may also be identified through the less formal process <strong>of</strong> incidental<br />
identification. This includes observations <strong>and</strong> complaints.<br />
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OHS Risk Assessment<br />
Risk assessment is an evaluation <strong>of</strong> the health <strong>and</strong> safety risks involved in using<br />
substances or processes in the workplace. The purpose <strong>of</strong> a risk assessment is<br />
to obtain information <strong>and</strong> make decisions about the appropriate management<br />
<strong>of</strong> a hazard. It involves assessing the significance <strong>of</strong> the hazard in terms <strong>of</strong><br />
probability or likelihood <strong>of</strong> injury, illness or damage <strong>and</strong> the severity <strong>of</strong> the<br />
consequences that may result. Risk assessment also assists in determining the<br />
measures thought necessary to control the risk.<br />
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Risk assessments must include all significant findings <strong>and</strong> recommended control<br />
measures. They should be conducted following any injury or incident or prior to<br />
changes to plant, processes, work activities, or as a result <strong>of</strong> changing technology<br />
or legislation. Specific record keeping requirements are contained in Chapters<br />
4,5,6 <strong>and</strong> 8 <strong>of</strong> the Regulation. In addition to the record keeping requirements<br />
stipulated in the Regulation, employers need to make a judgement about<br />
whether risk assessments should be recorded. Factors that may be considered<br />
could include the significance <strong>of</strong> the risk <strong>and</strong> the complexity <strong>of</strong> the risk control<br />
measures adopted.<br />
To determine the level <strong>of</strong> risk the following should be considered:<br />
Severity<br />
The severity concerns the extent <strong>of</strong> the injury or illness or degree <strong>of</strong> harm<br />
caused if exposed to the hazard. A severe effect <strong>of</strong> exposure would include<br />
death, permanent disability or a serious illness such as cancer or hepatitis,<br />
whereas a minor effect could be a scratch, graze or irritation resulting in first<br />
aid treatment.<br />
Number <strong>of</strong> factors<br />
For a particular hazard there may be a number <strong>of</strong> factors that contribute to the<br />
probability <strong>and</strong> severity <strong>of</strong> injury, illness or damage. These factors may be from<br />
a health, safety or welfare perspective or a combination <strong>of</strong> all. There may be a<br />
number <strong>of</strong> different health outcomes (eg. physical, psychological, temporary,<br />
permanent, long/short term) <strong>and</strong> routes <strong>of</strong> entry to the body, which increase<br />
the risk.<br />
For example, a chemical may be toxic if spilt <strong>and</strong> absorbed through the skin<br />
<strong>and</strong> may give <strong>of</strong>f fumes which are harmful if inhaled, thereby creating health<br />
effects. It can also be a safety issue in that it may be highly inflammable <strong>and</strong><br />
have potential to explode or the spillage may cause a slip, trip or fall.<br />
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The overall level <strong>of</strong> risk increases when more than one factor is associated with<br />
a hazard.<br />
Exposure<br />
The level <strong>of</strong> exposure considers such things as how frequently the exposure<br />
occurs, the duration <strong>of</strong> exposure <strong>and</strong> the total number <strong>of</strong> people exposed.<br />
Exposure levels can be affected by the work environment, (eg. confined space),<br />
work processes (eg. use <strong>of</strong> PPE) <strong>and</strong> the way in which exposure occurs (eg. the<br />
route <strong>of</strong> entry to the body).<br />
Human differences<br />
In assessing risk it should be remembered that all individuals are different <strong>and</strong><br />
can have differing reactions to certain hazards. Hazards need to be assessed in<br />
terms <strong>of</strong> the employees who are exposed to them, eg. individual skills, experience,<br />
training <strong>and</strong> physical capabilities. Some individuals may be sensitised, allergic<br />
or more susceptible to certain hazards.<br />
Risk Assessment Models<br />
There are many techniques for risk assessment, some <strong>of</strong> them involving<br />
complicated mathematical models. Most organisations are <strong>of</strong>ten faced with<br />
numerous <strong>and</strong> complex health, safety <strong>and</strong> welfare issues, which cannot all be<br />
dealt with at once.<br />
Estimates <strong>of</strong> the likelihood <strong>and</strong> severity <strong>of</strong> outcomes are essential to risk<br />
assessment. However, limited resources may also influence OHS priorities <strong>and</strong><br />
control the range <strong>of</strong> options available.<br />
A simple risk assessment model such as that found in the WorkCover Hazpak<br />
publication helps to determine the likelihood <strong>and</strong> severity <strong>of</strong> a hazard <strong>and</strong> can<br />
assist in assigning priority to hazards, on the basis <strong>of</strong> risk.<br />
The benefit <strong>of</strong> this reasonably simple model is that it provides an instrument<br />
for establishing the relative seriousness <strong>of</strong> a health, safety <strong>and</strong> welfare problem,<br />
thus determining its priority in relation to other problems. Problems that score<br />
a 1 have the highest priority <strong>and</strong> need to be addressed first.<br />
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Hazpak Risk Assessment Model<br />
1. How severely<br />
could it hurt<br />
someone<br />
or<br />
How ill could it<br />
make someone?<br />
(a) Very likely<br />
could happen<br />
any time<br />
2. How likely is it to be that bad?<br />
(b) Likely<br />
could happen<br />
some time<br />
(c) Unlikely<br />
could happen<br />
but rarely<br />
(d) Very<br />
Unlikely<br />
Could happen<br />
but probably<br />
never will<br />
(i) Kill or cause<br />
1 1<br />
permanent disability<br />
or ill health<br />
2 3<br />
(ii) Long term illness<br />
or serious injury<br />
1 2 3 4<br />
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(iii) Medical<br />
attention <strong>and</strong> several<br />
days <strong>of</strong>f work<br />
2 3 4 5<br />
(iv) First aid needed<br />
3 4 5 6<br />
The numbers indicate how important it is to do something about the problem<br />
1. High risk <strong>of</strong> serious OHS occurrence = top priority = act immediately<br />
2. Low risk <strong>of</strong> serious OHS occurrence = low priority = act when feasible<br />
A judgement is made about the likelihood <strong>and</strong> severity <strong>and</strong> an appropriate number allocated.<br />
This measures the risk exposure on a scale ranging from 1 to 6:<br />
1 = a hazardous event which is very likely <strong>and</strong> will probably kill or severely disable, to<br />
6 = a hazardous event which is very unlikely <strong>and</strong> will cause a minor injury.<br />
It is sometimes necessary to undertake more thorough assessment <strong>of</strong> the risks through<br />
environmental or health monitoring. OHS pr<strong>of</strong>essionals such as occupational hygienists are<br />
<strong>of</strong>ten used when detailed or specialised assessment is required.<br />
Adapting the Hazpak Risk Assessment Model<br />
The Hazpak model described above is primarily designed <strong>and</strong> concerned<br />
with physical incidents <strong>and</strong> injury. The OHS Act imposes a general duty on<br />
employers to care for the ‘health, safety <strong>and</strong> welfare’ <strong>of</strong> employees <strong>and</strong> others.<br />
This duty extends to health related issues as well as to psychological <strong>and</strong> mental<br />
well-being. To adequately identify <strong>and</strong> assess these hazards, the model would<br />
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need to be translated into a multi-dimensional matrix. To use the example <strong>of</strong><br />
psychological hazards in the workplace, another layer may be added to the<br />
model to include:<br />
1. How severely could<br />
it cause psychological<br />
harm to someone<br />
or<br />
How ill could it make<br />
someone?<br />
(a) Very likely<br />
could happen<br />
any time<br />
2. How likely is it to be that bad?<br />
(b) Likely<br />
could happen<br />
some time<br />
(c) Unlikely<br />
could happen<br />
but rarely<br />
(d) Very<br />
Unlikely<br />
Could happen<br />
but probably<br />
never will<br />
(i) Cause permanent<br />
1 1<br />
psychological disability<br />
2 3<br />
or ill health<br />
(ii) Long term<br />
psychological illness or<br />
serious injury 1 2 3 4<br />
(iii) Psychological or<br />
Medical attention <strong>and</strong><br />
several days <strong>of</strong>f work<br />
2 3 4 5<br />
(iv) Counselling needed<br />
3 4 5 6<br />
The numbers indicate how important it is to do something about the problem<br />
1. High risk <strong>of</strong> serious OHS occurrence = top priority = act immediately<br />
2. Low risk <strong>of</strong> serious OHS occurrence = low priority = act when feasible<br />
There are many situations in workplaces where the first model would not<br />
indicate that a risk existed, because it focuses on physical harm. However, in<br />
the rail, tram <strong>and</strong> bus industry there are a range <strong>of</strong> hazards <strong>and</strong> risks that can<br />
adversely affect an employee, without necessary physical harm or injury.<br />
Examples <strong>of</strong> some <strong>of</strong> these hazards or risks are verbal abuse by passengers or<br />
members <strong>of</strong> the public, threats <strong>of</strong> violence, exposure to a range <strong>of</strong> volatile or<br />
violent behaviour, such as fights, or drug abuse. Similarly, abuse by co-workers<br />
or management can have an adverse effect on an employee’s psychological <strong>and</strong>/<br />
or physical health <strong>and</strong> wellbeing.<br />
Clause 9(2) <strong>of</strong> the Regulation specifically identifies workplace violence as a<br />
hazard that must be identified, assessed <strong>and</strong> the risks associated with those<br />
hazards should be eliminated or controlled.<br />
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Control <strong>of</strong> Risks<br />
Control strategies should be developed <strong>and</strong> implemented after the hazards<br />
have been identified <strong>and</strong> risk assessment completed. Once implemented,<br />
control strategies should be documented. They also need to be properly<br />
used, monitored, maintained <strong>and</strong> training should be provided where<br />
necessary.<br />
The Regulation (Clause 11) states that an employer must eliminate any<br />
reasonably foreseeable risk <strong>and</strong> if this is not practical must control the risks.<br />
Clause 5 <strong>of</strong> the Regulation explains the meaning <strong>of</strong> ‘control <strong>of</strong> risks’.<br />
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If elimination <strong>of</strong> the hazard is not possible, then the risk still exists <strong>and</strong><br />
should be minimised by using the most effective method <strong>of</strong> control as<br />
specified below <strong>and</strong> as identified by the risk assessment.<br />
Clause 5 – Control <strong>of</strong> Risks<br />
First<br />
Second<br />
Third<br />
Fourth<br />
Fifth<br />
Substituting the system <strong>of</strong> work or plant with something safer<br />
Isolating the hazard (eg. introduce a strict work area)<br />
Minimising the risk by introducing engineering controls (eg.<br />
guard rails or scaffolding)<br />
Minimising the risk by adopting administrative controls (eg.<br />
hazard warning signs, safe work practices, appropriate training)<br />
Using personal protective equipment (eg. eye <strong>and</strong> hearing<br />
protection)<br />
If no single control is appropriate, a combination <strong>of</strong> the above controls needs<br />
to be taken to minimise the risk to the lowest level that is reasonably practical.<br />
The measures at the fourth <strong>and</strong> fifth level are less effective <strong>and</strong> require more<br />
frequent reviews <strong>of</strong> the hazards <strong>and</strong> systems <strong>of</strong> work.<br />
There are a range <strong>of</strong> situations in the rail, tram <strong>and</strong> bus industry where unsafe<br />
practice can be replaced or entirely removed. Unfortunately, there is a culture<br />
in many workplaces that some <strong>of</strong> these risks are simply ‘part <strong>of</strong> the job’. This<br />
assumption should always be challenged as the starting point <strong>of</strong> a risk assessment.<br />
The correct assumption should be that all work practices can be conducted<br />
safely, without harm to employees, the public or damage to equipment. The<br />
first question should always be ‘how can we remove this hazard <strong>and</strong> risk from<br />
the workplace?’<br />
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For example, if a train is operating without proper vigilance controls,<br />
communication systems, appropriately trained staff or other suitable safety<br />
devices <strong>and</strong> procedures, they simply should not operate until such devices are<br />
fitted <strong>and</strong> are fully functional. Close enough is not good enough when it comes<br />
to workplace health <strong>and</strong> safety. It is precisely this approach to managing OHS<br />
<strong>and</strong> encouraging a poor safety culture that was at the centre <strong>of</strong> the findings <strong>of</strong><br />
the Waterfall Inquiry.<br />
Personal Protective Equipment (PPE)<br />
PPE is the least preferred method <strong>of</strong> controlling hazards however in some<br />
circumstances it is still the only method available to minimise the risk. It should<br />
be used in conjuction with other control measures, when there is no other<br />
suitable method <strong>of</strong> controlling the hazard, as an interim measure during short<br />
term maintenance or whilst other control measures are being determined <strong>and</strong><br />
implemented.<br />
There are <strong>of</strong>ten disputes <strong>and</strong> arguments in workplaces about the most appropriate<br />
protective equipment, the issue <strong>of</strong> the equipment, <strong>and</strong> similar considerations.<br />
These discussions quite <strong>of</strong>ten take place in the absence <strong>of</strong> a thorough assessment<br />
or review <strong>of</strong> the current work practices, <strong>and</strong> can be a distraction from better<br />
solutions to the OHS issue.<br />
The use <strong>of</strong> protective equipment is an admission that hazards <strong>and</strong> risks exist<br />
in the workplace <strong>and</strong> that employees are continually exposed to the risks. The<br />
use <strong>of</strong> protective equipment needs to be regularly re-examined in light <strong>of</strong> new<br />
practices, new technology, to determine whether measures can be taken to<br />
remove the need for protection from hazards <strong>and</strong> risks.<br />
Risk Management Plan<br />
A risk management plan sets out the methods required for identifying<br />
hazards <strong>and</strong> assessing <strong>and</strong> controlling the risk <strong>of</strong> these hazards in the<br />
workplace.<br />
The employer is responsible for developing <strong>and</strong> implementing a risk management<br />
plan <strong>and</strong> ensuring that employees <strong>and</strong> their representatives are involved in all<br />
stages <strong>of</strong> the process. The OHS committee <strong>and</strong> OHS representatives should<br />
be involved with the development <strong>of</strong> hazard management plans.<br />
These plans should include procedures for:<br />
• hazard identification <strong>and</strong> reporting<br />
• risk assessment<br />
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• risk control<br />
• accident <strong>and</strong> incident reporting<br />
• purchasing<br />
• emergencies<br />
• information dissemination<br />
• instruction, supervision <strong>and</strong> training in risk management procedures for all<br />
employees.<br />
Many organisations have informal procedures in place. A risk management<br />
plan, developed through consultation with everyone in the workplace, will<br />
assist in formalising these procedures <strong>and</strong> delegating responsibility.<br />
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Risk <strong>of</strong> Needle Stick Injury<br />
Due to the prevalence <strong>of</strong> drug use in the community, a range <strong>of</strong> employees<br />
in the rail, tram <strong>and</strong> bus industry (from bus operators, train guards,<br />
station staff <strong>and</strong> presentation <strong>and</strong> cleaning employees) are exposed to<br />
the risk <strong>of</strong> needle stick injuries from needles <strong>and</strong> syringes left on buses,<br />
trains, stations or other public areas.<br />
The hazards posed by inappropriately discarded needles <strong>and</strong> syringes<br />
include the risk <strong>of</strong> relatively minor injury <strong>of</strong> the needle stick to the risk<br />
<strong>of</strong> infectious disease (potentially life-threatening). Associated with these<br />
injuries is the potential psychological harm <strong>of</strong> contracting infectious<br />
diseases.<br />
The risks associated with these hazards are a good example <strong>of</strong> the need<br />
for established <strong>and</strong> clearly defined hazard identification <strong>and</strong> reporting,<br />
thorough risk assessment <strong>and</strong> risk control measures. Most workplaces<br />
in our industry have established policies <strong>and</strong> procedures for dealing<br />
with these types <strong>of</strong> hazards. These include:<br />
• Use <strong>of</strong> appropriate personal protective equipment in h<strong>and</strong>ling sharps<br />
(for example, gloves, tongs, goggles, portable sharps container)<br />
• Location <strong>and</strong> specialist h<strong>and</strong>ling <strong>of</strong> disposal containers for sharps<br />
• Reporting the location <strong>of</strong> discarded needles or syringes<br />
• Information <strong>and</strong> training<br />
• Instructions on how to collect <strong>and</strong> dispose <strong>of</strong> sharps<br />
• First Aid measures <strong>and</strong> medical treatment<br />
• Counselling for affected employees<br />
All delegates <strong>and</strong> OHS representatives should be familiar with the policies<br />
<strong>and</strong> procedures relating to needlestick injuries in their workplace.<br />
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Risk Management Procedures Checklist<br />
The following sample checklist is extracted from the WorkCover <strong>NSW</strong><br />
Workplace <strong>Safety</strong> Kit, 2001.,<br />
PROCEDURE:<br />
In developing or reviewing the procedure do the following elements form<br />
part <strong>of</strong> the process?<br />
1. Risk Management Yes/No How?<br />
Are hazards identified <strong>and</strong><br />
assessed?<br />
Are all possible control<br />
strategies considered?<br />
Are control strategies<br />
incorporated into the<br />
procedure?<br />
2. Training Yes/No For Whom? When?<br />
Is training provided for<br />
the procedure?<br />
3. Improving Yes/No By Whom? When?<br />
Is the procedure reviewed<br />
<strong>and</strong> revised?<br />
4. Consultation Yes/No How? When?<br />
Are those who carry out the procedure involved in its:<br />
• Development<br />
• Review<br />
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OHS Risk Management Checklist<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Checklist Yes No<br />
Is there a system in place that is routinely used by all employees to<br />
report hazards <strong>and</strong> incidents in your workplace?<br />
Are hazards reported <strong>and</strong> dealt with before injury occurs (that is, are<br />
there regular safety audits conducted in your workplace)?<br />
Are dangerous occurrences <strong>and</strong> near misses, compared to injuries,<br />
reported <strong>and</strong> acted upon?<br />
Is the employer meeting all <strong>of</strong> their (under the OHS Act, Regulations)<br />
obligations in relation to risk management?<br />
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Is a system in place <strong>and</strong> routinely used by all employees (eg: regular<br />
workplace inspections) to identify, assess <strong>and</strong> control hazards?<br />
Are employees in the workplace aware <strong>of</strong> the risk management<br />
mechanisms, procedures <strong>and</strong> processes?<br />
Does your workplace regularly assess <strong>and</strong> analyse risks <strong>and</strong> trends in<br />
relation to OHS hazards <strong>and</strong> incidents?<br />
Is there regular communication <strong>and</strong> consultation, between<br />
management <strong>and</strong> employees about hazard identification <strong>and</strong> risk<br />
assessment in your workplace?<br />
Are employee OHS representatives directly involved in risk<br />
assessments conducted in your workplace?<br />
Is there training or skills development to improve risk managemnt<br />
processes in your workplace?<br />
Are detailed records maintained <strong>and</strong> analysed in relation to injuries,<br />
illness <strong>and</strong> incidents/accidents?<br />
Does your workplace have clearly defined methods <strong>and</strong> procedures for<br />
conducting risk assessments <strong>and</strong> allocating priority to OHS issues?<br />
Are the control measures in your workplace (eg: work <strong>and</strong> job design,<br />
engineering efforts, protective equipment regularly reviewed?<br />
Is the risk management system in your workplace routinely monitored,<br />
reviewed <strong>and</strong> evaluated?<br />
What needs to be done?<br />
• To establish effective OHS representation?<br />
• To improve OHS representation in your workplace?<br />
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A Guide to<br />
Roles <strong>and</strong><br />
Powers <strong>of</strong> <strong>Union</strong><br />
<strong>and</strong> OHS<br />
Representatives<br />
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Roles <strong>and</strong> Powers <strong>of</strong> <strong>Union</strong> <strong>and</strong> OHS<br />
Representatives<br />
As the <strong>Union</strong> or OHS representative in your workplace, you have an<br />
important role in identifying hazards, consulting with co-workers,<br />
other relevant external people <strong>and</strong> organisations, such as the<br />
<strong>Union</strong> head <strong>of</strong>fice <strong>and</strong> WorkCover. As an elected representative, you have a<br />
responsibility to faithfully convey issues <strong>and</strong> concerns <strong>of</strong> your co-workers, to<br />
monitor OHS issues <strong>and</strong> developments, <strong>and</strong> to act to ensure that the workplace<br />
is a safe <strong>and</strong> healthy environment, through effective OHS policies, programs<br />
<strong>and</strong> management <strong>and</strong> review processes.<br />
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There is <strong>of</strong>ten an artificial distinction made between ‘industrial’ <strong>and</strong> OHS<br />
matters in the workplace. The health, safety <strong>and</strong> welfare <strong>of</strong> employees is a<br />
fundamental entitlement <strong>of</strong> all employment, <strong>and</strong> as such is an ‘industrial’ issue.<br />
Indeed, the OHS laws provide a strong <strong>and</strong> effective means <strong>of</strong> ensuring <strong>and</strong><br />
enforcing health <strong>and</strong> safety compliance.<br />
Every employee has the right <strong>and</strong> duty not to engage in unsafe work practices,<br />
not to expose others to risks, <strong>and</strong> to notify their employer <strong>of</strong> dangers <strong>and</strong><br />
hazards. Put differently, a train driver or bus has a duty not to operate an<br />
unsafe train or bus, a guard or station assistant has a duty to prevent risks to coworkers<br />
<strong>and</strong> the public, just as any employee has a duty not to continue work<br />
which is considered unsafe. The simple rule <strong>of</strong> thumb is that if an employee, a<br />
union delegate or OHS representative, considers a work practice or situation<br />
to be unsafe, they are under a legal duty not to allow that work practice to<br />
continue. The work should not be commenced until a satisfactory solution has<br />
been implemented to ensure that it is safe.<br />
The laws provide individual employees, union delegates <strong>and</strong> <strong>of</strong>ficials, <strong>and</strong> OHS<br />
representatives, with the power <strong>and</strong> duty to prevent unsafe work practices. The<br />
OHS duties <strong>and</strong> obligations <strong>of</strong> the employer are so clearly defined, that if the<br />
employer is in compliance with their legal responsibilities, there should be no<br />
disputes relating to OHS in the workplace. While the normal disputes processes<br />
<strong>and</strong> industrial tribunals are available to resolve health <strong>and</strong> safety matters, the<br />
OHS Act <strong>and</strong> Regulations also provide a range <strong>of</strong> methods for resolving OHS<br />
issues in the workplace.<br />
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The Workplace Representative <strong>and</strong> the Law<br />
The OHS laws in New South Wales give broad <strong>and</strong> significant powers to OHS<br />
Committee members <strong>and</strong> OHS Representatives. Generally, these include:<br />
• Being actively involved in risk assessment processes<br />
• Their recommendations must be considered by the employer<br />
• The employer must adequately respond to the issues raised<br />
• Investigating any health <strong>and</strong> safety matter in the workplace<br />
• Receiving appropriate paid training<br />
• Being elected in accordance with the OHS Regulation<br />
• Accompanying an inspector on an inspection or report on OHS matters<br />
• Accompanying an employee <strong>of</strong> the OHS Representatives workgroup during<br />
an interview by the employer on an OHS matter<br />
• Being an observer during a formal in-house investigation <strong>of</strong> an accident or<br />
incident<br />
• Assist in the development <strong>of</strong> workplace OHS policies <strong>and</strong> programs<br />
• Make recommendations on training, committees, in relation to OHS<br />
matters<br />
It is important for union delegates <strong>and</strong> safety representatives to be aware <strong>of</strong><br />
what they are legally entitled to do in carrying out their OHS responsibilities.<br />
General Scope <strong>and</strong> Functions<br />
<strong>of</strong> Workplace Representatives<br />
As has been outlined previously, the OHS Act imposes an obligation on<br />
employers to consult on health <strong>and</strong> safety matters. This may be by way <strong>of</strong> OHS<br />
Committees <strong>and</strong> OHS Representatives, or by other arrangements that meet the<br />
legal requirements. OHS Committees <strong>and</strong> Representatives are to be elected in<br />
accordance with the Act <strong>and</strong> Regulations, <strong>and</strong> can represent the employees in<br />
the workplace or separate work groups in a workplace.<br />
That is, an OHS representative may or may not be the workplace union<br />
delegate. Whether or not an OHS representative is also a union delegate does<br />
not diminish the powers <strong>and</strong> responsibilities <strong>of</strong> either <strong>of</strong> these roles. The union<br />
delegate has an overall responsibility to represent the <strong>Union</strong> <strong>and</strong> its members<br />
in the workplace in relation to all matters, including OHS. When there are<br />
separate OHS representatives <strong>and</strong> union delegates in the workplace, they<br />
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should collaborate closely to ensure that employee’s health <strong>and</strong> safety issues<br />
<strong>and</strong> concerns are being addressed.<br />
Note. Section 17 (3) <strong>of</strong> the Act provides that a Federal or State industrial<br />
organisation <strong>of</strong> employees (that is, a State or Federal <strong>Union</strong>) may, on request,<br />
represent employees for the purposes <strong>of</strong> consultation on occupational health,<br />
safety <strong>and</strong> welfare under other agreed arrangements. This is enlarged in Clause<br />
26 <strong>of</strong> the OHS Regulation.<br />
This clause applies to other agreed arrangements for consultation referred to in<br />
section 17 (3) <strong>of</strong> the Act, <strong>and</strong> provides that:<br />
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Other agreed arrangements may comprise arrangements negotiated at<br />
an industry level. Any such arrangements may be used by a particular<br />
employer in the industry if the arrangements are agreed to by a majority<br />
<strong>of</strong> the employees <strong>and</strong>, in their application to that employer, comply with<br />
the requirements for consultation <strong>of</strong> the Act <strong>and</strong> this Regulation.<br />
The Occupational Health <strong>and</strong> <strong>Safety</strong> Regulation 2001 (Chapter 3) specifies the<br />
related obligations <strong>of</strong> the employer with respect to duty to consult<br />
An employer has the following obligations in connection with OHS consultation<br />
arrangements <strong>of</strong> the employer:<br />
• to provide members <strong>of</strong> OHS committees or OHS representatives with<br />
reasonable access to the employees they represent during working hours for<br />
the purposes <strong>of</strong> communication (Clause 27 (1) (c))<br />
• to provide reasonable facilities, <strong>and</strong> access during working hours to the<br />
workplace, for the purposes <strong>of</strong> OHS consultation arrangements (including<br />
for the purposes <strong>of</strong> conducting or holding elections, meetings <strong>and</strong> inspections)<br />
((Clause 27 (1) (d))<br />
• to ensure that employer representatives on an OHS committee participate in<br />
the work <strong>of</strong> the committee on a regular basis,<br />
• to ensure that employees participating in consultation (<strong>and</strong> in training for<br />
consultation) in accordance with OHS consultation arrangements are paid<br />
as if they were engaged in the duties <strong>of</strong> their employment (whether they<br />
participate as representatives <strong>of</strong> employees or <strong>of</strong> the employer), (Clause 27<br />
(1) (f))<br />
• to pay the costs reasonably <strong>and</strong> necessarily incurred by employees in<br />
connection with their participation in that consultation or training ( Clause 27<br />
(1) (g))<br />
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30 Additional functions <strong>of</strong> OHS committees <strong>and</strong> OHS representatives (section<br />
18 (d) <strong>of</strong> the Act)<br />
(1) An OHS committee <strong>and</strong> an OHS representative have the following additional<br />
functions:<br />
(a) to make a request to accompany an inspector as an observer on an<br />
inspection under section 69 (b) <strong>of</strong> the Act that affects the workgroup<br />
that the committee or representative represents,<br />
(b) to be an observer during any formal report by an inspector to the<br />
employer in connection with any occupational health <strong>and</strong> safety<br />
matter concerning the workgroup that the committee or representative<br />
represents,<br />
(c) to accompany an employee <strong>of</strong> the workgroup that the committee<br />
or representative represents, at the request <strong>of</strong> the employee, during<br />
any interview by the employer on any occupational health <strong>and</strong> safety<br />
issue,<br />
(d) to be an observer during any formal in-house investigation <strong>of</strong> an<br />
accident or other occurrence at the relevant place <strong>of</strong> work that is<br />
required to be notified to WorkCover under Division 4 <strong>of</strong> Part 5 <strong>of</strong> the<br />
Act,<br />
(e) to assist in the development <strong>of</strong> arrangements for recording workplace<br />
hazards <strong>and</strong> accidents to promote improved workplace health <strong>and</strong><br />
safety,<br />
(f) to make recommendations on the training <strong>of</strong> members <strong>of</strong> OHS<br />
committees <strong>and</strong> <strong>of</strong> OHS representatives,<br />
(g) to make recommendations on the training <strong>of</strong> employees in<br />
relation to occupational health <strong>and</strong> safety.<br />
Note. Section 18 <strong>of</strong> the Act provides that an OHS committee or OHS<br />
representative has the following broad functions:<br />
(a) to keep under review the measures taken to ensure the health, safety <strong>and</strong><br />
welfare <strong>of</strong> persons at the place <strong>of</strong> work,<br />
(b) to investigate any matter that may be a risk to health <strong>and</strong> safety at the place<br />
<strong>of</strong> work,<br />
(c) to attempt to resolve the matter but, if unable to do so, to request an<br />
investigation by an inspector for that purpose,<br />
(d) the additional functions prescribed above.<br />
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Important Related Issues<br />
The OHS Act 2000 is clear about any action taken by an employer attempting<br />
to obstruct the proper performance by OHS representatives.<br />
Section 21 <strong>of</strong> the OHS Act states that an employer is not to charge or impose any<br />
charge on an employee for anything done in relation to meeting the workplace<br />
OHS requirements under the Act or the Regulations.<br />
Employers must not discriminate or take action against an employee or<br />
safety representative.<br />
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Section 23 <strong>of</strong> the OHS Act makes it unlawful for an employer to dismiss an<br />
employee, or in any way do something detrimental to the employee’s employment<br />
because they make a complaint about a workplace OHS matter, or is a member<br />
<strong>of</strong> the OHS committee or <strong>and</strong> OHS representative, or exercises any <strong>of</strong> the<br />
functions <strong>and</strong> powers <strong>of</strong> the employee or representative under the Act.<br />
OHS Committee Training<br />
OHS committees <strong>and</strong> OHS Representatives Must Receive Training OHS<br />
Regulation, Clause 31)<br />
(1) An employer must ensure that each member <strong>of</strong> an OHS committee <strong>and</strong><br />
each OHS representative undertakes a course <strong>of</strong> training in accordance<br />
with this clause.<br />
(2) The course <strong>of</strong> training must be undertaken as soon as practicable after the<br />
person is first appointed as a member <strong>of</strong> the committee or first elected as a<br />
representative (unless the person has previously undertaken an approved<br />
course <strong>of</strong> training).<br />
(3) The course <strong>of</strong> training must be provided by:<br />
(a) a trainer who is accredited by WorkCover to provide that course <strong>of</strong><br />
training, or<br />
(b) a registered provider under the Vocational Education <strong>and</strong> Training<br />
Accreditation Act 1990 whose registration extends to providing a<br />
course <strong>of</strong> OHS consultation training.<br />
The OHS Regulation 2001 also provides that the training is paid as normal<br />
duties, <strong>and</strong> that any related costs are also paid by the employer.<br />
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• to ensure that employees participating in consultation (<strong>and</strong> in training for<br />
consultation) in accordance with OHS consultation arrangements are paid<br />
as if they were engaged in the duties <strong>of</strong> their employment (whether they<br />
participate as representatives <strong>of</strong> employees or <strong>of</strong> the employer), (Clause 27<br />
(1) (f))<br />
• to pay the costs reasonably <strong>and</strong> necessarily incurred by employees in<br />
connection with their participation in that consultation or training,<br />
That is, not only is the participation in the training to be paid as a normal<br />
part <strong>of</strong> the representative’s employment duties, but also any related costs (for<br />
example course fees) <strong>and</strong> related reasonable expenses (such as travel, meals,<br />
accommodation) are to be met by the employer.<br />
Resolving OHS Issues<br />
Procedure for resolving matters that may be risk to health <strong>and</strong> safety (OHS<br />
Regulation 2001, Clause 29)<br />
(1) This clause applies to the function <strong>of</strong> an OHS committee or an OHS<br />
representative under section 18 (c) <strong>of</strong> the Act to attempt to resolve a matter<br />
that may be a risk to health <strong>and</strong> safety at the place <strong>of</strong> work but, if unable<br />
to do so, to request an investigation by an inspector to resolve the matter.<br />
(2) For the purpose <strong>of</strong> resolving the matter:<br />
(a) the applicable OHS consultative arrangements are to be used, <strong>and</strong><br />
(b) the matter must be formally referred to the employer, <strong>and</strong><br />
(c) the employer is to consider the matter <strong>and</strong> respond in a timely manner.<br />
(3) If the matter is not resolved after the employer has been given a reasonable<br />
opportunity to consider <strong>and</strong> respond to the matter, the OHS committee<br />
or OHS representative may request an investigation <strong>of</strong> the matter by an<br />
inspector.<br />
(4) Such a request by an OHS committee is to be made through the<br />
chairperson <strong>of</strong> the committee. The committee may make arrangements<br />
for the making <strong>of</strong> such requests by the chairperson without a formal<br />
meeting <strong>of</strong> the committee being convened to authorise the making <strong>of</strong> each<br />
particular request.<br />
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(5) This clause does not limit any other power with respect to the<br />
inspection <strong>of</strong> places <strong>of</strong> work or <strong>of</strong> disputes arising at places <strong>of</strong> work.<br />
Entry <strong>and</strong> inspection powers <strong>of</strong> authorised employees’ representatives<br />
(Division 3, OHS Act 2000)<br />
This section <strong>of</strong> the Act provides the power <strong>of</strong> union representatives to enter,<br />
inspect <strong>and</strong> gather relevant information from the workplace.<br />
The Act defines an authorised representative <strong>of</strong> an industrial organisation <strong>of</strong><br />
employees, means an <strong>of</strong>ficer <strong>of</strong> that organisation (including any person who is<br />
concerned in, or takes part in, the management <strong>of</strong> that organisation) who is<br />
authorised under Part 7 <strong>of</strong> Chapter 5 <strong>of</strong> the Industrial Relations Act 1996.<br />
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Powers <strong>of</strong> entry <strong>of</strong> places <strong>of</strong> work<br />
An authorised representative <strong>of</strong> an industrial organisation <strong>of</strong> employees may, for<br />
the purpose <strong>of</strong> investigating any suspected breach <strong>of</strong> the occupational health <strong>and</strong><br />
safety legislation, enter any premises the representative has reason to believe is a<br />
place <strong>of</strong> work where members <strong>of</strong> that organisation (or persons who are eligible<br />
to be members <strong>of</strong> that organisation) work. (Section 77, OHS Act)<br />
Notice <strong>of</strong> entry<br />
(1) An authorised representative authorised to enter premises under this<br />
Division may enter the premises without notice.<br />
(2) The authorised representative must notify the occupier <strong>of</strong> the premises<br />
<strong>of</strong> the authorised representative’s presence on the premises as soon as<br />
reasonably practicable after entering the premises, unless:<br />
(a) to do so would defeat the purpose for which the premises were entered<br />
or would unreasonably delay the authorized representative in a case <strong>of</strong><br />
urgency, or<br />
(b) the occupier is already aware that the authorised representative has<br />
entered the premises or was notified in advance <strong>of</strong> when the authorised<br />
<strong>of</strong>ficer would enter the premises. (Section 78, OHS Act)<br />
Authority to enter premises<br />
(1) A power conferred by this Division to enter premises, or to make an<br />
inspection or take other action on premises, may not be exercised unless<br />
the person proposing to exercise the power is in possession <strong>of</strong> an authority<br />
issued by the Industrial Registrar under Part 7 <strong>of</strong> Chapter 5 <strong>of</strong> the Industrial<br />
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Relations Act 1996 <strong>and</strong> produces the authority if required to do so by the<br />
occupier <strong>of</strong> the premises.<br />
(2) Entry may only be made at a reasonable time in the daytime or at any hour<br />
when work is carried on or is usually carried on at the premises. (Section<br />
79, OHS Act)<br />
Section 81: Powers available on entry<br />
For the purpose <strong>of</strong> investigating any suspected breach <strong>of</strong> the occupational health<br />
<strong>and</strong> safety legislation, an authorised representative who enters premises under<br />
this Division may do any <strong>of</strong> the following:<br />
(a) make searches <strong>and</strong> inspections (<strong>and</strong> take photographs <strong>and</strong> make<br />
video <strong>and</strong> audio recordings),<br />
(b) require the occupier <strong>of</strong> those premises to provide the authorised representative<br />
with such assistance <strong>and</strong> facilities as is or are reasonably necessary to enable<br />
the representative to exercise his or her functions under this Division,<br />
(c) require the production <strong>of</strong> <strong>and</strong> inspect any documents in or about those<br />
premises that directly affect or directly deal with the occupational health<br />
<strong>and</strong> safety <strong>of</strong> employees working at those premises,<br />
(d) take copies <strong>of</strong> or extracts from any such documents. (Section 81, OHS<br />
Act)<br />
Care to be taken<br />
In the exercise <strong>of</strong> a function under this Division, an authorised representative<br />
must do as little damage as possible. (Section 82, OHS Act)<br />
Authorised representative may request assistance from inspector<br />
An inspector may accompany <strong>and</strong> take all reasonable steps to assist an<br />
authorised representative in the exercise <strong>of</strong> the representative’s functions under<br />
this Division if the representative reasonably believes that he or she may be<br />
obstructed in the exercise <strong>of</strong> those functions. (Section 83, OHS Act)<br />
Offence <strong>of</strong> failing to comply with requirement <strong>of</strong> authorised representative<br />
A person must not, without reasonable excuse, refuse or fail to comply with<br />
a requirement made by an authorised representative in accordance with this<br />
Division. (Section 84, OHS Act)<br />
Offence <strong>of</strong> impersonating an authorised representative<br />
A person must not impersonate, or falsely represent that the person is, an<br />
authorised representative. (Section 85, OHS Act)<br />
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Essential Information Required by Workplace Reps<br />
The roles <strong>of</strong> workplace representatives places many dem<strong>and</strong>s on the skills <strong>and</strong><br />
resources required to effectively communicate, discuss, monitor, negotiate <strong>and</strong><br />
resolve a range <strong>of</strong> issues at the workplace. It is essential to the effective work <strong>of</strong><br />
the committee or representative that s/he is well informed, has access to up-todate<br />
information <strong>and</strong> reference materials. Some <strong>of</strong> the main types <strong>of</strong> information<br />
<strong>and</strong> resources required by the employee representative in the workplace are<br />
discussed in the following section.<br />
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Workplace representatives should be familiar with the OHS Act <strong>and</strong> Regulations,<br />
Codes <strong>of</strong> Practice, Company Policies, union rules <strong>and</strong> policies, committee<br />
constitution <strong>and</strong> procedures, relevant external agencies <strong>and</strong> information<br />
networks so that activities on-the-job are consistent with these. Representatives<br />
should also be familiar with the basic conditions in any awards or agreements<br />
which apply at the workplace. This can be achieved by studying the award or<br />
agreement, keeping up-to-date with any changes or variations, <strong>and</strong> through<br />
discussion with union <strong>of</strong>ficials.<br />
You need to be aware <strong>of</strong> the union <strong>and</strong> company structures <strong>and</strong> methods <strong>of</strong><br />
processing enquiries or problems, as well as who are the appropriate personnel<br />
in the union <strong>and</strong> company to deal with particular or specific issues. Workplace<br />
representatives will also need to compile their own basic resources <strong>and</strong> reference<br />
materials, <strong>and</strong> to have contact details <strong>of</strong> where to obtain a range <strong>of</strong> other<br />
information (such as WorkCover, other sources <strong>of</strong> OHS information, industry<br />
data such as that kept by the <strong>Rail</strong> Regulator, social welfare, antidiscrimination,<br />
regulations <strong>and</strong> legislation etc.). For current purposes, these will simply be<br />
summarised to provide an overview <strong>of</strong> the types <strong>of</strong> tasks, issues <strong>and</strong> resources<br />
need to be considered <strong>and</strong> organised.<br />
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OHS Representatives Checklist<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Checklist Yes No<br />
Are there elected OHS representatives in your work area or workplace?<br />
Is the role <strong>and</strong> responsibility <strong>of</strong> the OHS representative clearly defined<br />
<strong>and</strong> understood by others in the workplace?<br />
Have other agreed consultative arrangements been put in place in your<br />
workplace?<br />
Do OHS representatives have suitable access to employees during paid<br />
work time?<br />
Are there suitable facilities <strong>and</strong> resources provided in your workplace<br />
to allow representatives to perform OHS representative roles <strong>and</strong><br />
functions?<br />
Do management representatives participate in the OHS committee <strong>and</strong><br />
other consultative processes on a regular basis?<br />
Are OHS representatives for OHS consultation, training <strong>and</strong><br />
representative functions accuring in paid time?<br />
Do OHS representatives actively participate in OHS planning<br />
<strong>and</strong> decision-making (including hazard identification, workplace<br />
inspections, risk assessment)?<br />
Are any OHS representatives disadvantaged in their workplace due to<br />
their OHS roles?<br />
Have all employees <strong>and</strong> management OHS representatives received<br />
OHS consultation training in accordance with the Regulation?<br />
Are procedures for resolving OHS concerns <strong>and</strong> disputes clearly<br />
defined <strong>and</strong> understood in the workplace?<br />
Do employee OHS representatives have access to a contact point,<br />
telephone <strong>and</strong> fax, storage <strong>and</strong> filing, OHS records <strong>and</strong> data, computer,<br />
noticeboard <strong>and</strong> related amenities?<br />
Are resources available for use by OHS representatives (eg: OHS Act<br />
<strong>and</strong> Regulation, workplace policies <strong>and</strong> agreements, OHS publications)<br />
at a convenient location?<br />
What needs to be done?<br />
• To establish effective OHS representation?<br />
• To improve OHS representation in your workplace?<br />
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A Guide to<br />
Safe Work<br />
Practices<br />
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Safe Work Practices<br />
The OHS Regulation 2001 <strong>and</strong> a range <strong>of</strong> St<strong>and</strong>ards <strong>and</strong> Codes <strong>of</strong><br />
Practice provide specific advice in meeting the requirements for the<br />
identification, assessment <strong>and</strong> control <strong>of</strong> risks arising from a range <strong>of</strong><br />
activity in workplaces. The following material provides a general summary <strong>and</strong><br />
trainers should refer to the National St<strong>and</strong>ards <strong>and</strong> National Codes <strong>of</strong> Practice<br />
for more detail on specific activities.<br />
The National St<strong>and</strong>ard for Manual H<strong>and</strong>ling, for example, (Section 3) provides<br />
that an employer shall take all workable steps to make sure:<br />
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(a) that the plant, equipment <strong>and</strong> containers used in the workplace are designed,<br />
constructed <strong>and</strong> maintained to be, as far as workable, safe <strong>and</strong> without risk<br />
to health <strong>and</strong> safety when manually h<strong>and</strong>led;<br />
(b) that the work practices carried out in the workplace involving manual<br />
h<strong>and</strong>ling are designed to be, as far as workable, safe <strong>and</strong> without risk to<br />
health <strong>and</strong> safety; <strong>and</strong><br />
(c) that the working environment is designed to be, as far as workable,<br />
consistent with safe manual h<strong>and</strong>ling activities.<br />
Some general principles for reducing risks associated with manual h<strong>and</strong>ling,<br />
which should be incorporated into the design <strong>of</strong> work spaces, plant <strong>and</strong><br />
equipment are:<br />
• minimise the lifting <strong>and</strong> lowering forces exerted;<br />
• avoid the need for bending, twisting <strong>and</strong> reaching movements;<br />
• reduce pushing, pulling, carrying <strong>and</strong> holding.<br />
Risk Identifi cation, Assessment <strong>and</strong> Control<br />
As a general guide the following three key stages (See Figure 1 for summary <strong>of</strong><br />
the three stages) can be used in the process <strong>of</strong> reducing a range <strong>of</strong> workplace<br />
injuries:<br />
• identification <strong>of</strong> risk factors in the workplace likely to cause injury;<br />
• detailed assessment <strong>of</strong> particular risk factors; <strong>and</strong><br />
• principles <strong>and</strong> examples <strong>of</strong> control measures to eliminate or reduce risk.<br />
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Figure 1: Three Stages to Safe Work Practices<br />
Risk Identifi cation<br />
• Analysis <strong>of</strong> Workplace Injury Records<br />
• Consultation with Employees<br />
• Direct Observations<br />
Risk Assessment<br />
• Actions <strong>and</strong> Movements<br />
• Workplace <strong>and</strong> Workstation layout<br />
• Working Posture <strong>and</strong> Position<br />
• Duration <strong>and</strong> Frequency <strong>of</strong> Activity<br />
• Location <strong>of</strong> Loads <strong>and</strong> Equipment<br />
• Work Organisation<br />
• Work Environment<br />
• Skills <strong>and</strong> Experience<br />
• Age<br />
• Clothing<br />
• Special Needs<br />
Risk Control<br />
• Analysis <strong>of</strong> Workplace Injury Records<br />
• Job Redesign Modify Object Modify Workplace Layout Different<br />
Actions, Movements, Forces Rearrange Materials Flow Modify Task -<br />
Mechanical Assistance<br />
• Mechanical H<strong>and</strong>ling Equipment Examples <strong>of</strong> Mechanical H<strong>and</strong>ling<br />
Equipment<br />
• Training Particular training Training in the Principles <strong>of</strong> Correct<br />
Procedures<br />
• Other Administrative Controls Special Needs Clothing<br />
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Risk Assessment<br />
An employer is required to ensure that any activity which is likely to be<br />
a risk to health <strong>and</strong> safety, is examined <strong>and</strong> assessed.<br />
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Actions <strong>and</strong> movements<br />
Actions <strong>and</strong> movements should not cause undue discomfort or pain. Actions<br />
should be performed smoothly <strong>and</strong> with control, avoiding sudden or jerky<br />
movements. Manual h<strong>and</strong>ling should be performed in a balanced <strong>and</strong><br />
comfortable posture. Extreme ranges <strong>of</strong> joint movement should be avoided,<br />
especially when this is prolonged or repetitive. Repetitive bending, twisting <strong>and</strong><br />
overreaching movements are among those liable to increase the risk <strong>of</strong> manual<br />
h<strong>and</strong>ling injuries.<br />
Variation from the above <strong>and</strong>/or answering YES to any <strong>of</strong> the following<br />
questions indicates an increased risk:<br />
• Is the load shared unevenly between both h<strong>and</strong>s, or lifted by one h<strong>and</strong><br />
only?<br />
• Is the material pushed or pulled across the front <strong>of</strong> the body?<br />
• Is there a need to bend over to one side to lift <strong>and</strong> object or exert a force?<br />
• Are two actions performed at the same time when one action is holding an<br />
unsupported fixed position?<br />
• Are several tasks performed in the one position where some are best done in<br />
a seated position <strong>and</strong> the others are best done in a st<strong>and</strong>ing position?<br />
Workplace <strong>and</strong> Workstation Layout<br />
The positioning <strong>of</strong> plant <strong>and</strong> its controls, equipment, tools <strong>and</strong> other materials<br />
in relation to each other <strong>and</strong> the employee affects the working posture, working<br />
height, manual h<strong>and</strong>ling technique, duration, frequency <strong>and</strong> other work actions<br />
<strong>and</strong> movements.<br />
The layout should permit the employee to work in:<br />
• an upright <strong>and</strong> forward facing posture<br />
• to have good visibility <strong>of</strong> the task<br />
• to perform the majority <strong>of</strong> tasks at comfortably without unnecessary bending<br />
or stretching <strong>and</strong> to have controls <strong>and</strong> tasks within easy reach<br />
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Answering No to any <strong>of</strong> the following questions indicates an increased risk:<br />
• Is the layout appropriate for the task <strong>and</strong> the physical dimensions <strong>of</strong> the<br />
employee(s) performing the task?<br />
• Is there adequate space for all movements involved in the manual task?<br />
• Are appropriate mechanica aids readily available for the task?<br />
• Are the working heights adjustable or matched to the size <strong>of</strong> the employees<br />
<strong>and</strong> the tasks?<br />
• Is there adequate clear space for moving legs <strong>and</strong> feet?<br />
• Are the different tasks performed by one person arranged so that excessive<br />
movement is avoided?<br />
Working Posture <strong>and</strong> Position<br />
Work activities should permit the employee to adopt several different, but<br />
equally healthy <strong>and</strong> safe, working postures. Any one posture should not be<br />
maintained for long periods without the opportunity to change posture through<br />
variation <strong>of</strong> activity or rest.<br />
During the performance <strong>of</strong> tasks, bending <strong>and</strong>/or twisting <strong>of</strong> the spine should<br />
be avoided, especially when this is prolonged or repetitive.<br />
Answering YES to any <strong>of</strong> the following questions indicates an increased risk:<br />
• Is the object presented to the employee in a position which makes it difficult<br />
to reach or grasp?<br />
• During manual h<strong>and</strong>ling, is there frequent or prolonged:<br />
above shoulder reach?<br />
forward bending <strong>of</strong> the back?<br />
twisting <strong>of</strong> the back?<br />
sideways bending <strong>of</strong> the back?<br />
Weights <strong>and</strong> Forces<br />
The weight <strong>of</strong> any load which is h<strong>and</strong>led should be considered in relation to<br />
other key risk factors including, in particular:<br />
• frequency <strong>and</strong> duration<br />
• position <strong>of</strong> load relative to the body<br />
• distance moved<br />
• characteristics <strong>of</strong> the load<br />
Answering YES to any <strong>of</strong> the following questions indicates an increased risk:<br />
• When sliding, pulling or pushing an object, is the object difficult to move?<br />
• Is the employee required to exert a large force while seated?<br />
• Is the employee required to push/pull while seated without having good<br />
seating <strong>and</strong> solid foot support?<br />
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Characteristics <strong>of</strong> Loads <strong>and</strong> Equipment<br />
Characteristics <strong>of</strong> loads <strong>and</strong> equipment to consider when assessing risk,<br />
in addition to weights <strong>and</strong> forces, include dimensions, stability, rigidity,<br />
predictability, surface texture <strong>and</strong> temperature, grips <strong>and</strong> h<strong>and</strong>les.<br />
Answering YES to any <strong>of</strong> the following indicates an increased risk:<br />
• Is the object an awkward shape to carry in a balanced posture?<br />
• Is the object difficult to grasp or hold?<br />
• Is the object unstable or unbalanced, or does it have contents that may move<br />
suddenly?<br />
• Is the object smooth, slippery, greasy or wet?<br />
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• Does the object have sharp edges or protrusions?<br />
• Is the object very hot or cold?<br />
• Does the object block the view <strong>of</strong> the employee when being h<strong>and</strong>led?<br />
• Is the object more than 30 cm long (measured in direction away from<br />
body)?<br />
Work Organisation<br />
Work organisation factors that may influence risk by interacting with other<br />
risk factors include staffing levels, availability <strong>of</strong> equipment, work schedules,<br />
shift work, workspace, task variety, rest breaks <strong>and</strong> recovery time <strong>and</strong> work<br />
procedures.<br />
Answering YES to any <strong>of</strong> the following questions indicates an increased risk:<br />
• Is the work frequency affected by bottlenecks, or sudden changes or delays<br />
to the flow <strong>of</strong> materials?<br />
• Is the work affected by the unavailability <strong>of</strong> people to complete tasks within<br />
a deadline?<br />
• Are there insufficient numbers <strong>of</strong> employees to carry out the work including<br />
where peak workloads occur?<br />
• Is there lack <strong>of</strong> an effective maintenance program for tools, plant <strong>and</strong><br />
equipment used for workplace activities?<br />
• Are procedures for reporting <strong>and</strong> fixing unsafe equipment or environmental<br />
conditions inadequate?<br />
• Is the workflow not smooth <strong>and</strong> even?<br />
• Is there a lack <strong>of</strong> effective selection/purchasing, instruction <strong>and</strong> maintenance<br />
program for loads, equipment <strong>and</strong> mechanical h<strong>and</strong>ling devices?<br />
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Work Environment<br />
Factors in the work environment that influence risk include climate, lighting,<br />
space, <strong>and</strong> floors <strong>and</strong> other surfaces underfoot.<br />
Answering YES to any <strong>of</strong> the following questions indicates an increased risk:<br />
• Are the floors <strong>and</strong> surfaces underfoot uneven or slippery?<br />
• Are there different floor levels in the workplace?<br />
• Is the workplace untidy with a lack <strong>of</strong> attention to housekeeping details?<br />
• Are there extremes <strong>of</strong> heat, cold, wind or humidity?<br />
• Are there high levels fumes, dusts, gases or vapours?<br />
• Is there excessive vibration?<br />
• Is the task performed in a confined space?<br />
Risk Control<br />
The <strong>NSW</strong> Occupational Health & <strong>Safety</strong> Act, 2000 <strong>and</strong> Occupational Health <strong>and</strong><br />
<strong>Safety</strong> Regulations, 2001 require that risks associated with work performance<br />
are controlled in consultation with employees required to carry out the tasks.<br />
Safe Work Practices Checklist:<br />
General Risk Identifi cation<br />
Please place a ✔ in the appropriate box for general practices which occur in<br />
your work area.<br />
Movements, Posture <strong>and</strong> Layout During Work<br />
1. Is there frequent or prolonged bending down where the h<strong>and</strong>s pass below<br />
mid-thigh height?<br />
2. Is there frequent or prolonged reaching above the shoulder?<br />
3. Is there frequent or prolonged bending due to extended reach forward?<br />
4. Is there frequent or prolonged twisting <strong>of</strong> the back?<br />
5. Are awkward postures assumed frequently or over prolonged periods, that<br />
is, postures that are not forward facing <strong>and</strong> upright?<br />
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Yes<br />
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Task <strong>and</strong> Object<br />
Yes<br />
No<br />
6. Is manual h<strong>and</strong>ling performed frequently or for long periods by the<br />
employee(s)?<br />
7. Are there long periods <strong>of</strong> same posture?<br />
8. Is there repetition <strong>of</strong> particular tasks?<br />
9. For pushing, pulling, or other application <strong>of</strong> forces: are large push/pulling<br />
forces involved?<br />
10. Is the task difficult or awkward to h<strong>and</strong>le, for example, due to its size,<br />
shape, temperature, instability or unpredictability?<br />
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11. Is it difficult or unsafe to carry out the task under normal working<br />
conditions?<br />
Work Environment<br />
12. Is the task performed in a confined space?<br />
13. Is the lighting inadequate for performing the task?<br />
14. Is the climate particularly cold or hot?<br />
15. Are the floor working surfaces cluttered, uneven, slippery or otherwise<br />
unsafe?<br />
Individual Factors<br />
16. Is the employee new to the work or returning from an extended period<br />
away from work?<br />
17. Are there age-related factors, disabilities or other special factors that may<br />
affect task performance?<br />
18. Does the employee’s clothing or personal protective equipment interfere<br />
with manual h<strong>and</strong>ling performance?<br />
If any <strong>of</strong> the questions in the checklist result in a YES answer, further assessment<br />
<strong>of</strong> that risk factor is required. Generally the more YES answers that result for a<br />
particular task, then the higher the priority for risk assessment.<br />
Yes<br />
Yes<br />
No<br />
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A Guide to<br />
Conducting<br />
Workplace<br />
OHS<br />
Inspections<br />
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This Section <strong>of</strong> the Guide looks at a number <strong>of</strong> key areas that union<br />
delegates <strong>and</strong> OHS representatives will need to monitor as part <strong>of</strong> their<br />
role in ensuring that OHS is managed systematically <strong>and</strong> in compliance<br />
with legal <strong>and</strong> other industry st<strong>and</strong>ards. Delegates <strong>and</strong> OHS representatives<br />
will need to gather details <strong>of</strong> policies <strong>and</strong> procedures specific to their workplace.<br />
This Section simply provides general guidance on some <strong>of</strong> these key areas.<br />
Workplace Inspections as Part <strong>of</strong> the<br />
Consultative Process<br />
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Workplace inspections conducted by the OHS committee/OHS representative<br />
can provide significant information to assist management in its duty to provide<br />
a healthy <strong>and</strong> safe workplace.<br />
Under Section 18 <strong>of</strong> the Act an OHS committee/OHS representative has<br />
the following functions:<br />
• to keep under review the measures taken to ensure the health, safety<br />
<strong>and</strong> welfare <strong>of</strong> persons at the place <strong>of</strong> work<br />
• to investigate any matter that may be a risk to health <strong>and</strong> safety at the<br />
place <strong>of</strong> work<br />
• to attempt to resolve the matter but, if unable to do so, to request an<br />
investigation by an inspector for that purpose’.<br />
The objective <strong>of</strong> the OHS committee’s/OHS representative’s involvement in<br />
workplace inspections is prevention. Regular inspections <strong>of</strong> the workplace<br />
encourage consultation <strong>and</strong> provide information about health <strong>and</strong> safety<br />
issues.<br />
Workplace inspections are planned systematic examinations <strong>of</strong> the workplace<br />
for the purpose <strong>of</strong> identifying hazards, assessing the risks involved <strong>and</strong><br />
controlling those risks in order to comply with the legislation. The need for<br />
inspections can be diverse <strong>and</strong> therefore should be organised according to the<br />
reason for the inspection. These may include:<br />
(a) routine inspection <strong>of</strong> the workplace to identify hazards<br />
(b) specific inspections <strong>of</strong> particular work areas or procedures<br />
(c) investigations <strong>of</strong> accidents/incidents<br />
(d) investigation <strong>of</strong> complaints<br />
(e) follow up inspections after changes to plant, work activities <strong>and</strong><br />
processes.<br />
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<strong>Safety</strong> issues can <strong>of</strong>ten be identified <strong>and</strong> solved during the inspection process<br />
<strong>and</strong> can prevent an accident or incident occurring. Regular inspections can<br />
also assist in identifying whether the workplace complies with the current<br />
legislation. It is important however, to look beyond the identification <strong>of</strong><br />
hazards <strong>and</strong> consider the cause to establish where the system is failing.<br />
Generally, employees are more familiar with the work environment,<br />
equipment <strong>and</strong> processes, than anyone else in the workplace. Their<br />
observations <strong>and</strong> ideas can generate very effective <strong>and</strong> efficient solutions<br />
to health <strong>and</strong> safety issues. Regular consultation between employees <strong>and</strong><br />
management will assist in developing mutual respect <strong>and</strong> ultimately a<br />
productive, solution-orientated relationship that will improve health <strong>and</strong><br />
safety performance.<br />
It is important for employees <strong>and</strong> management to consult when developing a<br />
system for workplace inspection. This would include:<br />
(a) the aim <strong>and</strong> scope <strong>of</strong> the inspection<br />
(b) how the inspection is to be conducted<br />
(c) the frequency <strong>of</strong> inspections<br />
(d) people involved in the inspection<br />
(e) roles <strong>and</strong> responsibilities <strong>of</strong> those people involved<br />
(f) review <strong>of</strong> existing programs that require monitoring<br />
(g) measures to ensure that corrective action has been taken<br />
(h) documentation <strong>of</strong> inspection process<br />
(i) development <strong>of</strong> relevant checklists or review <strong>of</strong> existing ones.<br />
Workplace inspections should occur on a regular basis but the frequency will<br />
depend on the nature <strong>and</strong> culture <strong>of</strong> the workplace eg inspections may be<br />
more frequent in workplaces that are subject to continual change. Inspections<br />
to identify specific problems should take place at a time when the problem is<br />
most evident to ensure that relevant, accurate information is gathered.<br />
When deciding areas <strong>of</strong> the work environment that need to be<br />
inspected the following should be considered:<br />
• existing <strong>and</strong> potential hazards<br />
• awareness <strong>of</strong> the current regulation, st<strong>and</strong>ards <strong>and</strong> codes <strong>of</strong> practice that<br />
apply to areas to be inspected eg noise, manual h<strong>and</strong>ling, first aid, plant,<br />
work environment, hazardous substances etc<br />
• specific occupations, processes <strong>and</strong> procedures in the workplace<br />
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• new processes or arrangements<br />
• history <strong>of</strong> past injuries or disease<br />
• areas where changes have been implemented<br />
• consultation mechanism to be used<br />
• results <strong>of</strong> previous inspections <strong>and</strong> corrective actions.<br />
Once the areas that need to be inspected have been identified, checklists or a<br />
series <strong>of</strong> questions can be developed <strong>and</strong> used as an identification tool. Checklists<br />
<strong>and</strong> questionnaires provide an effective method <strong>of</strong> gathering a diverse range <strong>of</strong><br />
information effectively <strong>and</strong> quickly. These checklists can be tailored for use in a<br />
specific environment <strong>and</strong> modified later for use in different circumstances. This<br />
will ensure that existing <strong>and</strong> potential problems are addressed.<br />
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St<strong>and</strong>ard checklists have been produced <strong>and</strong> can be found in various guidance<br />
material, codes <strong>of</strong> practice, <strong>and</strong> related resources. A sample inspection checklist<br />
has been included here as a model <strong>of</strong> the type <strong>of</strong> information that will be<br />
gathered.<br />
Conducting Workplace Inspection<br />
An inspection may involve a walk though the workplace by the entire OHS<br />
committee or the OHS representative(s). Alternatively the workplace can be<br />
divided up <strong>and</strong> inspected by different members <strong>of</strong> the committee or different<br />
representatives in consultation with employees who are working with the<br />
hazards.<br />
All <strong>of</strong> the information gathered during the course <strong>of</strong> the workplace inspection<br />
will be reflected in the inspection checklist or questionnaire. Careful evaluation<br />
<strong>of</strong> this information should indicate the areas <strong>of</strong> concern in the workplace. All<br />
information gathered during the inspection needs to be reviewed by the OHS<br />
committee <strong>and</strong>/or OHS representative. The analysis <strong>of</strong> this information, in terms<br />
<strong>of</strong> the overall OHS management system (OHSMS), will assist in determining<br />
where the breakdown in the system has occurred.<br />
Employees, supervisors <strong>and</strong> OHS representatives should be encouraged to<br />
resolve common OHS issues as part <strong>of</strong> their day-to-day work activities. When<br />
issues are unable to be resolved at this level, the OHS committee should then<br />
become involved. The role <strong>of</strong> the OHS committee should move beyond only<br />
identifying OHS hazards <strong>and</strong> suggesting corrective action to include making<br />
recommendations about how systems <strong>of</strong> work can be put in place or improved<br />
to avoid hazards arising in the first place.<br />
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Preparing <strong>and</strong> Presenting a Workplace<br />
Inspection Report<br />
The objective <strong>of</strong> the committee’s <strong>and</strong>/or OHS representatives’ involvement<br />
in workplace inspections is prevention. Regular systematic inspections <strong>of</strong> the<br />
workplace encourage consultation about health <strong>and</strong> safety issues to occur<br />
between employees <strong>and</strong> management.<br />
The workplace inspection process can be divided into three stages:<br />
1 Planning for the inspection<br />
• collecting information<br />
• notifying management.<br />
2 Conducting the inspection<br />
• identifying potential <strong>and</strong> existing hazards<br />
• consulting with managers <strong>and</strong> employees.<br />
3 Writing the report<br />
The workplace inspection is not complete until the report is written <strong>and</strong> provided<br />
to the OHS committee. This report will provide the committee with valuable<br />
information concerning the effectiveness <strong>of</strong> the OHS systems in the workplace<br />
<strong>and</strong> also specific information on hazards <strong>and</strong> OHS issues.<br />
The Workplace Inspection report should include:<br />
• the reason for the inspection eg, routine or hazard specific<br />
• where <strong>and</strong> when the inspection took place<br />
• who was involved in the inspection<br />
• identification <strong>and</strong> recording <strong>of</strong> hazards<br />
• risk assessment results <strong>and</strong> priority <strong>of</strong> hazards<br />
• corrective actions recommended<br />
• persons responsible for taking action <strong>and</strong> timeframe<br />
• follow-up procedures on the effectiveness <strong>of</strong> corrective actions.<br />
A copy <strong>of</strong> the workplace inspection report (<strong>and</strong> checklist if used) should be<br />
provided to management. The report must clearly identify high priority OHS<br />
issues that require management’s immediate attention.<br />
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It is important to note that the OHS committee is an advisory body only <strong>and</strong><br />
cannot make decisions about OHS issues. That remains the responsibility <strong>of</strong><br />
the employer. An OHS committee assists the employer to make better decisions<br />
by providing recommendations regarding OHS issues.<br />
Employer responses to committee recommendations should be recorded in the<br />
minutes. A reasonable period for responding to recommendations should be<br />
determined in consultation with the committee. There may be different time<br />
frames depending on the significance <strong>of</strong> the hazard.<br />
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Sample Workplace Inspection Checklist<br />
This checklist will need to be adopted to meet the detailed requirements <strong>and</strong><br />
specific needs <strong>of</strong> your workplace.<br />
Company Name/ Details:<br />
Work Area<br />
Date <strong>of</strong> Inspection:<br />
Action Required<br />
Time: Good O.K Urgent Schedule<br />
Fire<br />
Extinguishers in place, clearly marked for type<br />
<strong>of</strong> fire <strong>and</strong> recently serviced<br />
Adequate direction notices for fire exits<br />
Exit doors easily opened from inside<br />
Fire wardens appointed<br />
Exits clear <strong>of</strong> obstructions<br />
Fire alarm system functioning correctly<br />
Fire instructions available <strong>and</strong> displayed<br />
Assembly points clearly identified<br />
Regular fire drills carried out<br />
Training sessions conducted<br />
Electrical<br />
No broken plugs, sockets or switches<br />
No frayed or damaged leads<br />
Portable power tools in good condition<br />
No temporary leads on floor<br />
All electrical equipment has been taged<br />
Emergency shut-down procedures in place<br />
No strained leads<br />
General Lighting<br />
Adequate illumination<br />
Good natural lighting<br />
No direct or reflected glare<br />
Light fittings clean <strong>and</strong> in good condition<br />
Emergency lighting operable<br />
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Date <strong>of</strong> Inspection:<br />
Chemicals On-Site<br />
MSDS for all chemicals<br />
Containers clearly labelled<br />
Do special storage conditions apply?<br />
First Aid<br />
Cabinets <strong>and</strong> contents clean <strong>and</strong> orderly<br />
Easy access to cabinets<br />
Employees aware <strong>of</strong> location <strong>of</strong> first aid cabinet<br />
First aid cabinet clearly labelled<br />
Eye wash facilities are provided (were<br />
appropriate)<br />
Emergency numbers displayed<br />
Supply <strong>of</strong> soap <strong>and</strong> towels<br />
Adequate stocks<br />
Floors<br />
Even surface, no cracks or holes<br />
Loose boards or drainage grills or vents are<br />
cleaned regularly<br />
Oil <strong>and</strong> grease removed<br />
Entry across walkways kept clear<br />
No electrical leads across walkways<br />
Walkways adequately lit <strong>and</strong> clearly marked<br />
Unobstructed vision at intersections<br />
Office Hazards<br />
Filing<br />
Chairs<br />
Desks<br />
Glare from windows<br />
Photocopiers – fumes<br />
Air conditioning maintained regularly<br />
Disposal <strong>of</strong> waste<br />
Machines<br />
Kept clean<br />
Adequately guarded<br />
Starting <strong>and</strong> stopping devices within easy reach<br />
Waste storage / disposal<br />
Drip pans to prevent spillage<br />
Action Required<br />
Good O.K Urgent Schedule<br />
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Adequate work space around machine<br />
Noise levels controlled<br />
Lighting satisfactory<br />
No bending or stooping required<br />
Rubbish – Waste<br />
Bins located at suitable points in plant<br />
Bins emptied regularly<br />
Oily rags <strong>and</strong> combustibles in covered container<br />
Work benches<br />
Clear <strong>of</strong> rubbish<br />
Tools not in use stored correctly<br />
No damaged h<strong>and</strong>-tools<br />
Work height<br />
No sharp edges<br />
Storage<br />
Materials stored in racks & bins<br />
Storage designed to minimise lifting<br />
Floors around racking clear <strong>of</strong> rubbish<br />
General conditions <strong>of</strong> racks & pallets<br />
Other Items<br />
Action Required<br />
Good O.K Urgent Schedule<br />
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SECTION THREE<br />
A Summary<br />
<strong>of</strong> Workers<br />
Compensation<br />
in <strong>NSW</strong><br />
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BACK TO MAIN PAGE<br />
CONTENTS<br />
What is Workers Compensation? 3<br />
When are Workers Covered by Compensation? 4<br />
Employer Responsibilities Under the Law 6<br />
What an injured worker needs to do if they are injured 9<br />
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Nominated Treating Doctor – Their Role 10<br />
Steps in making a Claim for Compensation 11<br />
Compensation Payments 13<br />
Weekly Benefi ts Table 17<br />
Total Incapacity 18<br />
Partial Incapacity 19<br />
What Are Suitable Duties? 21<br />
Reasonable Efforts to Return to Work – What the Law Says 23<br />
Injury Management is a System 24<br />
Summary <strong>of</strong> Frequently asked Workers Compensation Questions 30<br />
Workers Compensation Checklist 33<br />
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A Summary <strong>of</strong> Workers<br />
Compensation in <strong>NSW</strong><br />
Major changes were made to <strong>NSW</strong> workers’ compensation laws, which took<br />
effect from January 2002. The two main pieces <strong>of</strong> legislation covering Workers<br />
Compensation are:<br />
Workplace Injury Management <strong>and</strong> Workers Compensation Act 1998. (As<br />
amended in 2001; new provisions apply from 1st Jan 2002)<br />
Workers Compensation Act 1987.<br />
<strong>Union</strong>s played a key role in ensuring the laws were changed to make the<br />
system fairer, with workers’ wellbeing the priority. <strong>Union</strong>s recognise workrelated<br />
injuries are a major concern for all workers, because <strong>of</strong> their effects on<br />
employees’ health <strong>and</strong> finances.<br />
Workers compensation laws have a stronger focus on helping injured workers<br />
recover <strong>and</strong> return to work as soon as possible. The changed laws include injuries<br />
that were not previously covered, thanks to unions negotiating successfully<br />
with the government to have the list <strong>of</strong> injuries extended.<br />
What is Workers Compensation?<br />
Workers Compensation is an insurance scheme taken out by all employers,<br />
which covers all <strong>of</strong> their workers (<strong>and</strong> deemed workers) in the event <strong>of</strong> a workrelated<br />
injury, accident or illness.<br />
The law states all employers must have a current workers compensation policy.<br />
<strong>Union</strong>s can inspect these policies <strong>and</strong> also ensure that employers are paying the<br />
correct insurance.<br />
Workers compensation provides injured workers with:<br />
• Weekly payments when there is loss <strong>of</strong> income<br />
• Payment <strong>of</strong> medical, hospital <strong>and</strong> other expenses (including travel to <strong>and</strong><br />
from treatment <strong>and</strong> rehabilitation expenses associated with return to work<br />
or retraining for another job)<br />
• Lump sums if the injury causes a permanent loss or impairment <strong>and</strong>, for<br />
more significant losses, associated pain <strong>and</strong> suffering<br />
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• Damage to clothing <strong>and</strong> artificial aides (such as spectacles) in accidents.<br />
Insurers manage claims <strong>and</strong> are paid a fee by the <strong>NSW</strong> Government to administer<br />
the WorkCover Scheme. WorkCover licences all insurers.<br />
When are workers covered<br />
by compensation?<br />
Workers (<strong>and</strong> deemed workers) are covered for injuries sustained from the<br />
time a worker leaves for work <strong>and</strong> until they return. They are covered at the<br />
workplace or away from their workplace, where injury sustained in the course<br />
<strong>of</strong> employment.<br />
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Here are some examples.<br />
A person is covered:<br />
• On a journey to <strong>and</strong> from work (but there are restrictions)<br />
• Recess <strong>and</strong> lunch breaks<br />
• Workers attending a picket line or at a strike meeting<br />
• Delegates attending seminars<br />
• Workers going out at lunchtime who are injured are covered in most cases<br />
• Apprentices <strong>and</strong> trainees attending TAFE <strong>and</strong> Colleges.<br />
It is important to note that work must be a significant contributing factor to<br />
any injury occurring.<br />
Delegates <strong>and</strong> OHS Representatives Role<br />
It is very important for union delegates <strong>and</strong> workplace OHS representatives to<br />
take an active role in workers compensation.<br />
The workplace representative should assist injured members with their workers<br />
compensation claim <strong>and</strong> return to work plans.<br />
If the delegate or OHS representative is unable to resolve an issue, it should<br />
be referred to the union organisers. <strong>Union</strong>s employ expert <strong>of</strong>ficers <strong>and</strong> legal<br />
advisers to assist members.<br />
<strong>Union</strong>s will strongly support delegates in dealing with all compensation<br />
matters.<br />
This Summary has been produced to assist you in your role as a delegate. In<br />
addition, the union has produced more detailed information including fact<br />
sheets on the law <strong>and</strong> other issues.<br />
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There is also the OHS website – www.ohs.labor.net.au – where you can find<br />
further information about compensation. There is also a facility for Frequently<br />
Asked Questions <strong>and</strong> you can also have your questions answered.<br />
Role <strong>of</strong> the Employer<br />
The employer’s role is to provide not only a safe <strong>and</strong> healthy workplace but<br />
also an efficient system that optimises the recovery <strong>and</strong> return to work <strong>of</strong><br />
workers who become injured or ill in the course <strong>of</strong> their employment.<br />
Employers have a wide range <strong>of</strong> legislative responsibilities related to the<br />
management <strong>of</strong> workplace injuries.<br />
Under the law, employers must have a workers compensation policy.<br />
Under the law the employer must also:<br />
• Have a return-to-work program that covers all their workers, in case there<br />
is an injury. The program must be developed through consultation with the<br />
union.<br />
• Have a Register <strong>of</strong> Injuries book, where work related injuries are recorded.<br />
• Advise the insurance company within 48 hours <strong>of</strong> becoming aware <strong>of</strong> a<br />
significant injury (7 days if not significant) <strong>and</strong> obtain a notification number<br />
(as a Rep you should also find out the notification number).<br />
• Provide a workers compensation claim form <strong>and</strong> forward claim to insurer<br />
• Pass payment on to injured worker as soon as possible<br />
• Provide suitable duties unless they can prove it is not practical<br />
• Display a summary <strong>of</strong> the Workers Compensation Legislation, <strong>and</strong> insurer’s<br />
information. Employers must display their return to work program, or, if a<br />
smaller employer, have it available on request.<br />
Delegates can give initial notification <strong>of</strong> an injury to the insurer <strong>and</strong> find out<br />
the notification number if the employer has not done this. This number will<br />
probably become the claim number. If there is any problems with the claim the<br />
injured worker should quote this number so the insurance company can find all<br />
their paperwork more easily.<br />
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Employer Responsibilities Under The Law<br />
1. Workplace Injury Management <strong>and</strong> Workers Compensation Act 1998 (the<br />
Act), <strong>and</strong><br />
2. Workers Compensation (Workplace Injury Management) Regulation 1995<br />
(the Reg.).<br />
Two Workers Compensation Amendment Bills amended the Act in 2001. The<br />
majority <strong>of</strong> the new provisions apply from 1st January 2002.<br />
The principal injury management responsibilities <strong>of</strong> employers can be found in<br />
Chapter 3 <strong>of</strong> the Workplace Injury Management <strong>and</strong> Workers Compensation<br />
Act (WIM Act).<br />
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Early Notifi cation <strong>of</strong> Workplace Injury<br />
Employers must notify their insurer within 48 hours <strong>of</strong> becoming<br />
aware that a worker has received a workplace injury that seems to be<br />
significant.<br />
(WIM Act: Section 44)<br />
In addition, under OHS legislation, they must notify WorkCover <strong>of</strong> a<br />
significant injury by completing the WorkCover Accident Report Form.<br />
The types <strong>of</strong> incidents <strong>and</strong> accidents that must be reported.<br />
What is a signifi cant injury?<br />
An injury that causes the worker to be unable to perform his/her normal duties<br />
for a period <strong>of</strong> 7 days or more.<br />
What about other injuries?<br />
The employer must notify the insurer <strong>of</strong> other injuries within 7 days <strong>of</strong> receiving<br />
a notice <strong>of</strong> injury.<br />
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Injury Management Planning<br />
Employer’s must:<br />
Participate <strong>and</strong> cooperate in the establishment <strong>of</strong> an injury management<br />
plan for an injured worker, <strong>and</strong> Comply with the obligations imposed by<br />
or under the injury management plan.<br />
(WIM Act: Section 46)<br />
What is an injury management plan?<br />
“… a plan for coordinating <strong>and</strong> managing those aspects <strong>of</strong> injury<br />
management that concern treatment, rehabilitation <strong>and</strong> retraining <strong>of</strong> an<br />
injured worker, for the purpose <strong>of</strong> achieving a timely, safe <strong>and</strong> durable<br />
return to work for the worker”.<br />
Provision <strong>of</strong> Suitable Work<br />
If a worker who has been totally or partially incapacitated is able to<br />
return to some level <strong>of</strong> work, the employer must provide suitable work at<br />
the worker’s request.<br />
(WIM Act: Section 49)<br />
What is suitable work?<br />
Suitable work is defined by Section 43A <strong>of</strong> the 1987 Act <strong>and</strong> should be, where<br />
practicable, the same or equivalent to the role that the worker was performing<br />
at the time <strong>of</strong> injury<br />
Employers DO NOT have to provide suitable work if:<br />
1. It is not reasonably practicable to provide it, or<br />
2. The worker voluntarily left the employment after the injury happened (before<br />
or after the commencement <strong>of</strong> his/her incapacity for work), or<br />
3. The worker’s employment was terminated after the injury happened due to<br />
reasons other than incapacity for work resulting from the injury.<br />
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Important note<br />
An employer who dismisses an injured worker is guilty <strong>of</strong> an <strong>of</strong>fence if:<br />
(a) the worker is dismissed because the employee is not fit for employment<br />
as a result <strong>of</strong> the injury, <strong>and</strong><br />
(b) the employee is dismissed within 6 months after the employee first<br />
became unfit for employment.<br />
Workers Compensation Act 1987<br />
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Other Important Employer Responsibilities<br />
There are a number <strong>of</strong> other obligations that must be integrated into an<br />
employer’s system for managing injuries.<br />
Employers must:<br />
1. Have a summary <strong>of</strong> the Act on display in the workplace (Section 231).<br />
The poster should include details <strong>of</strong> the RTW coordinator (Category 1<br />
employer) <strong>and</strong> the workers compensation insurer.<br />
2. Have an accessible Register <strong>of</strong> Injuries book in each place <strong>of</strong> work (Sections<br />
63 <strong>and</strong> 256).<br />
Note that the worker or any person on his/her behalf may write details <strong>of</strong><br />
the injury in the Register.<br />
3. Provide a claim form to an injured worker on request.<br />
4. Forward a claim for workers compensation, or any other information<br />
related to a claim, to the insurer within 7 days (Section 69).<br />
5. Respond to any request for information from the insurer within 7 days<br />
(Section 69).<br />
6. Pay workers any monies received for workers compensation, as soon as<br />
practicable (Section 69).<br />
Important note<br />
Employers may be penalised with fines <strong>of</strong> up to $5 500 for not complying<br />
with their injury management obligations.<br />
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What an injured worker needs to do<br />
if they are injured<br />
An injured worker must:<br />
• Advise the union representative.<br />
• Register any injury whether serious or not, in the Register <strong>of</strong> Injury Book.<br />
• Give notice <strong>of</strong> the injury as soon as possible to the employer, or anyone<br />
designated by the employer. Notice can be in writing or verbal. It must be<br />
given before an injured worker resigns voluntarily from the job where they<br />
were injured. (Notice <strong>of</strong> gradual hearing loss must be given in writing, but<br />
can be given after voluntarily resigning from a job).<br />
• You should ensure that when reporting an injury, full details <strong>of</strong> how the<br />
injury occurred <strong>and</strong> details <strong>of</strong> what body parts were injured should be given<br />
to both the supervisor <strong>and</strong> put on the Register <strong>of</strong> Injuries. If there were any<br />
witnesses to the injury, you should provide their names.<br />
• Enter the details in the employer’s Register <strong>of</strong> Injuries (as a <strong>Union</strong> Rep you<br />
should make sure this happens).<br />
• See a doctor <strong>of</strong> their choice if treatment is needed <strong>and</strong> get a WorkCover<br />
medical certificate. You should ensure that you give a full <strong>and</strong> detailed<br />
explanation to the doctor <strong>of</strong> how the injury occurred, <strong>and</strong> what body parts<br />
you injured. (You are entitled to choose your own doctor.)<br />
• Comply with the return to work plan.<br />
• Make a claim by completing <strong>and</strong> giving to the employer a worker’s<br />
compensation claim form (if seeking benefits in excess <strong>of</strong> any authorised by<br />
the insurer under “provision liability”.)<br />
• Co-operate with the insurer, in particular, comply with any reasonable<br />
request to provide specified information in addition to that provided on the<br />
claim form.<br />
• Attend (if necessary) medical examination with a medical practitioner<br />
arranged <strong>and</strong> paid for by the employer at a reasonable time.<br />
• Provide updated WorkCover medical certificates.<br />
If a significant injury (total <strong>of</strong> partial incapacity for a continuous period <strong>of</strong><br />
more than 7 days, whether or not they are working days):<br />
• Advise, when asked to do so, your insurer <strong>of</strong> your Nominated Treating<br />
Doctor<br />
• Comply with the insurer’s Injury Management Plan.<br />
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Once the insurance company has provided the employer with a notification<br />
number, the employee should get <strong>and</strong> keep a copy <strong>of</strong> this number.<br />
Note: Workers have the right to choose their own doctors, rehab provider <strong>and</strong><br />
other health practitioners.<br />
Nominated Treating Doctor – Their Role<br />
If you are <strong>of</strong>f work for more than seven days you will need to advise the<br />
insurance company <strong>of</strong> the doctor who will be responsible for overseeing your<br />
return to work plan.<br />
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Under the law this person must be a registered medical practitioner <strong>and</strong> in<br />
most cases this would be your treating doctor. The worker has the right to<br />
nominate his or her own doctor. The insurance company or employer is not<br />
able to override this decision.<br />
The role <strong>of</strong> the nominated treating doctor is very important as they will be<br />
responsible for ensuring that you return to work as safely as possible <strong>and</strong> there<br />
is not a risk <strong>of</strong> the injury reoccurring.<br />
Often a person can return to work on duties which are not suitable <strong>and</strong> they<br />
run the risks <strong>of</strong> a further injury <strong>and</strong> more serious damage, therefore this has to<br />
be carefully managed by the doctors <strong>and</strong> other health experts.<br />
Your doctor will also liaise with the insurance company <strong>and</strong> employer over the<br />
return to work plan to make sure that it is acceptable.<br />
Your doctor <strong>and</strong> employer will be responsible for developing, managing <strong>and</strong><br />
signing <strong>of</strong>f on the return to work plan. The return to work plan should be<br />
developed between you <strong>and</strong> your doctor in the first instance, however there may<br />
be occasions when another health pr<strong>of</strong>ession could be involved – for example,<br />
a physiotherapist who may have to visit the worksite <strong>and</strong> make an assessment<br />
<strong>of</strong> the duties which are have been <strong>of</strong>fered or alternatively find out what duties<br />
available <strong>and</strong> then report back to your doctor.<br />
The employer may also send a return to work plan to your doctor <strong>and</strong> your<br />
doctor will discuss this with you <strong>and</strong> require any changes that they feel is<br />
necessary or request the health pr<strong>of</strong>essional to do a work place visit.<br />
If there is a dispute over suitable duties or you or your doctor experience a<br />
problem contact the union. Under the new laws a union can take unresolved<br />
issues, that is, disputes to the Worker Compensation Commission.<br />
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Steps for making a claim for compensation<br />
A person is entitled to claim workers compensation if they have injured<br />
themselves or contracted an illness (such as asbestosis, hepatitis or dermatitis)<br />
through work This is regardless <strong>of</strong> the amount <strong>of</strong> hours a person is employed<br />
or the conditions <strong>of</strong> their employment for example, if the person was a casual<br />
or the persons age. This is provided that they meet the definition <strong>of</strong> a worker<br />
under the Act.<br />
A person is also covered by workers compensation if they are involved in an<br />
accident on their way to or home from work.<br />
A person who has been injured or has contracted an illness, or is suffering from<br />
a work related injury or disease should:<br />
• See a medical practitioner <strong>and</strong> if time <strong>of</strong>f work is needed, request a<br />
WorkCover <strong>NSW</strong> medical certificate to be completed.<br />
Give the certificate to your employer along with any other documents such as<br />
an account from the doctor or a chemist receipt. Make sure you keep a copy <strong>of</strong><br />
all the documentation.<br />
Notify the employer as soon as possible about the injury. The employer will<br />
then notify the insurance company immediately <strong>and</strong> they will be provided with<br />
a receipt number. If the employer fails to notify the insurance company contact<br />
the union.<br />
Payment should commence within seven calendar days. This is unless the<br />
insurer has a good reason not to commence payment such as the claim not<br />
being work related however; the insurer should pay the majority <strong>of</strong> the claims.<br />
In the event that the insurer does not pay the claim within the seven days<br />
contact your union for assistance.<br />
Ask your employer to provide you with the receipt number <strong>and</strong> fill out any<br />
necessary paper work, which may be required by the insurance company. Pass<br />
this information on to your doctor <strong>and</strong> other treatment providers.<br />
The insurer should continue to make weekly payments until your doctor certifies<br />
that you are able to return to your normal job or suitable duties. The insurer<br />
will also pay all the medical expenses upon the production <strong>of</strong> receipts or an<br />
account. This includes reimbursement for x-rays, chemist <strong>and</strong> other costs such<br />
as physiotherapy or chiropractic treatment.<br />
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What the insurance company must do<br />
<strong>Union</strong>s worked hard to ensure the laws were changed so that workers could get<br />
compensation claims paid fast under Provisional Liability.<br />
Insurance companies must now begin paying claims for weekly compensation<br />
within seven days after receiving an initial notification <strong>of</strong> injury (unless there<br />
is a “reasonable excuse”) – if an insurer fails to pay within 7 days, they can be<br />
fined $5,000.<br />
The seven days commences from the time the notification number is issued <strong>and</strong><br />
not when the claim form is received. The notification number is issued over the<br />
telephone.<br />
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Under Provisional Liability:<br />
• Weekly compensation payments can be made for up to 12 weeks<br />
• S60 medical expenses can be approved up to $5,000<br />
• The length <strong>of</strong> time will depend on the type <strong>of</strong> injury <strong>and</strong> how long the person<br />
is likely to be <strong>of</strong>f work<br />
• The payments do not mean acceptance <strong>of</strong> liability for the claim.<br />
If the insurer pays provisional liability benefits <strong>and</strong> later rejects it, they cannot<br />
claim the money back, unless fraud is involved.<br />
Advising workers <strong>of</strong> their rights<br />
Under the new rules, insurance companies must:<br />
• Tell injured workers within seven days after the initial notification whether<br />
they will start weekly compensation payments, or if not, the reason why<br />
• Ensure the weekly compensation payments have begun on time<br />
• Tell employees they have the right to lodge a claim form <strong>and</strong> how to get help<br />
from their union, WorkCover or solicitor<br />
• Where employees are paid benefits directly by the insurer, the insurer must<br />
pay benefits promptly.<br />
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Compensation Payments<br />
Provisional Payments<br />
Provisional payments are a new payment mechanism introduced on 1st January<br />
2002. It only applies to new claims made on or after that date.<br />
Provisional payments consist <strong>of</strong> two main components:<br />
• A special provision for the early commencement <strong>of</strong> weekly payments prior<br />
to the acceptance <strong>of</strong> liability for a claim. Payments are to commence within<br />
7 days <strong>of</strong> receiving an Initial Notification <strong>of</strong> injury. They can be made for a<br />
period <strong>of</strong> up to 12 weeks.<br />
• A special provision for the acceptance <strong>and</strong> payment <strong>of</strong> medical expenses for<br />
an amount <strong>of</strong> up to $5000.<br />
The making <strong>of</strong> provisional payments does NOT constitute an admission<br />
<strong>of</strong> liability by the insurer or employer. It is independent <strong>of</strong> the process <strong>of</strong><br />
determining liability for a claim.<br />
Purpose <strong>of</strong> Provisional payments<br />
To underst<strong>and</strong> the purpose <strong>of</strong> provisional payments, its important to look at<br />
some <strong>of</strong> the concepts that underpin the change, including workplace injury<br />
management.<br />
Aims <strong>of</strong> the Scheme<br />
The principal aims <strong>of</strong> <strong>NSW</strong> workers compensation legislation are:<br />
1. Prompt <strong>and</strong> effective treatment <strong>and</strong> return to work <strong>of</strong> injured workers<br />
2. Income support for injured workers <strong>and</strong> their families<br />
3. Fair <strong>and</strong> affordable premiums for employers with incentives for improved<br />
performance<br />
4. Efficient <strong>and</strong> cost-effective service delivery<br />
The factors that have previously hindered injury management in <strong>NSW</strong> included<br />
the unacceptably high levels <strong>of</strong> disputes <strong>and</strong> associated legal activity/costs.<br />
Therefore, the development <strong>of</strong> new streamlined claims procedures, including<br />
the making <strong>of</strong> early payments on a provisional basis, has been a critical area <strong>of</strong><br />
reform. It has been designed to improve outcomes for workers <strong>and</strong> employers<br />
<strong>and</strong> prevent disputes.<br />
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The purpose <strong>of</strong> making provisional payments is to:<br />
• Provide early income support for workers <strong>and</strong> their families<br />
• Reduce the socio-economic impact <strong>of</strong> workplace injury <strong>and</strong> illness<br />
• Expedite access to necessary treatment <strong>and</strong>, therefore, enhance treatment<br />
outcomes<br />
• Inspire communication <strong>and</strong> trust, <strong>and</strong> prevent disputes from arising Control<br />
the risk <strong>of</strong> long-term work loss <strong>and</strong> disability<br />
New Procedures<br />
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In this section we will focus on three principal components <strong>of</strong> the new claims<br />
procedures contained in the Act:<br />
• Special provisions for commencement <strong>of</strong> weekly payments<br />
• Claims for weekly payments<br />
• Claims for medical expenses<br />
Provisional Weekly Payments<br />
The new claims procedures require the insurance company to:<br />
• Commence provisional weekly payments within 7 days after an initial<br />
notification <strong>of</strong> injury is received (unless there is a reasonable excuse).<br />
Section 267 (1).<br />
• Pay provisional weekly payments for a period <strong>of</strong> up to 12 weeks,<br />
“having regard to the nature <strong>of</strong> the injury <strong>and</strong> the period <strong>of</strong> incapacity”.<br />
Section 267 (3).<br />
An insurer who fails to commence provisional weekly payments is guilty <strong>of</strong><br />
an <strong>of</strong>fence. The maximum penalty is 50 penalty units. One unit = $110.00.<br />
Section 267 (5).<br />
Claims for Weekly Payments<br />
If a claim for weekly payments is the initial notification <strong>of</strong> injury, insurers are<br />
required to:<br />
• Commence provisional weekly payments within 7 days <strong>of</strong> receiving the<br />
claim. Section 275 (1). This may extend the period they have to determine<br />
the claim. Section 275 (2).<br />
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Otherwise, when a claim for weekly payments is made, the insurer is required<br />
to:<br />
• Make a decision, <strong>and</strong> commence weekly payments if liability is accepted,<br />
within 21 days <strong>of</strong> receiving the claim. Section 274 (1).<br />
However, if provisional weekly payments have already commenced, the time<br />
frame in which the claim must be determined may be extended to:<br />
• the end <strong>of</strong> the period approved for provisional payments. Section 274 (3).<br />
If the period <strong>of</strong> provisional weekly payments expires within 21 days from the<br />
lodgement <strong>of</strong> the claim:<br />
• the insurer may continue to make provisional weekly payments having<br />
regard to the nature <strong>of</strong> the injury <strong>and</strong> the period <strong>of</strong> incapacity.<br />
Claims for Medical Expenses<br />
Insurer are also required to:<br />
• Consider accepting liability for medical expenses on a provisional basis<br />
(including medical, hospital <strong>and</strong> rehabilitation expenses) for an amount <strong>of</strong><br />
up to $5000. Section 280 (1).<br />
• Make a decision on a claim for medical expenses within 21 days <strong>of</strong> receiving<br />
the claim.<br />
Special Conditions<br />
1. Provisional weekly payments must commence within 7 days UNLESS<br />
the insurer has a “reasonable excuse” for not commencing them.<br />
Section 267 (1).<br />
Reasonable excuses will be explored in the next session.<br />
2. The approval <strong>of</strong> provisional weekly payments <strong>and</strong>/or medical expenses does<br />
not constitute an admission <strong>of</strong> liability by the insurer or employer. Section<br />
267 (4), 274 (5) <strong>and</strong> 280 (2).<br />
3. If a claim is made on a date after the initial notification, the maximum<br />
possible period <strong>of</strong> provisional weekly payments expires 12 weeks after the<br />
date <strong>of</strong> initial incapacity. Section 274 (4).<br />
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Payments to Injured Workers<br />
<strong>NSW</strong> workers compensation legislation sets out what benefits are available<br />
for an injured worker. Benefits depend on whether the incapacity is total or<br />
partial, <strong>and</strong> how long someone has been away from their normal duties.<br />
Statutory benefit levels are adjusted every six months to reflect movements<br />
in the ABS Wage Cost Index (WCI) for ordinary time hourly rates <strong>of</strong> pay<br />
excluding benefits.<br />
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The source for the information about benefit rates in this Guide is the<br />
WorkCover Benefits Guide. This Guide is on the WorkCover website under<br />
the main heading <strong>of</strong> Workers Compensation Insurance. The Guide is updated<br />
on a six-monthly basis.<br />
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Weekly Benefi ts Under the Workers Compensation Act<br />
Employee Injured<br />
Total Incapacity 1 Partial Incapacity 2<br />
First 26 weeks<br />
Section 36 – A worker is entitled to receive<br />
their current weekly wage rate (CWWR) that<br />
they receive under their award or enterprise<br />
agreement. You are only entitled to the base<br />
amount, this does NOT include amounts for<br />
overtime or allowances.<br />
You can not receive any more than $1,535.90<br />
per week as at 1 April 2007. (This amount is<br />
adjusted every six months)<br />
After 26 weeks<br />
An injured worker is now only entitled to the<br />
statutory rate which is: (at the 1 April 2007<br />
– <strong>and</strong> subject to change yearly)<br />
• $361.30 per week plus:<br />
• $85.20 for a dependent spouse <strong>and</strong><br />
• $68.00 per week for on dependent child<br />
(up to $354.60 for 4 dependent children<br />
<strong>and</strong> $102.30 for each child over 4)<br />
• Although you can not earn more than your<br />
CWWR – see box above.<br />
This payment will be paid until the injured<br />
worker reaches retirement age (Maximum <strong>of</strong><br />
65) or is fit to return to pre-injury duties.<br />
1<br />
Means you are unable to perform any duties at all.<br />
2<br />
Means you are fit for suitable duties.<br />
Suitable Duties Available<br />
Section 40 -Make-up pay is available to the injured<br />
employee. This payment is to cover any difference<br />
between: the weekly amount the worker would<br />
probably be earning, but for the injury <strong>and</strong> the<br />
average weekly amount which the worker is earning<br />
or would be able to earn in some suitable employment<br />
from time to time after the injury.<br />
After 26 weeks<br />
An injured worker is only entitled to your current<br />
earnings plus make – up pay to a maximum <strong>of</strong> the<br />
statutory rate which is $361.30 per week. (This is at<br />
1 April 2007). The maximum that you can receive<br />
is your average weekly earnings – set out above.<br />
This payment will be paid until the injured worker<br />
reaches retirement age (Maximum <strong>of</strong> 65) or is fit to<br />
return to pre-injury duties.<br />
No Suitable Duties Available<br />
This is known as a Section 38 benefit, where you<br />
are entitled to receive your current weekly wage rate<br />
(CWWR) that you would have received under your<br />
award or enterprise agreement. This is a base rate<br />
<strong>and</strong> does not include any amounts for overtime or<br />
allowances.<br />
After 26 weeks<br />
An injured worker is now entitled to receive 80% <strong>of</strong><br />
your current weekly wage rate (CWWR) – set out<br />
above.<br />
After a further 26 weeks, the injured worker is<br />
now only entitled to the CWWR until they reach<br />
retirement age (maximum <strong>of</strong> 65) or is fit to return to<br />
pre injury duties.<br />
12-Month Review<br />
Section 40 – If you are not at work after 12 months i.e. Unemployed or you have been terminated, your benefit<br />
will be reassessed. The insurer will make a determination on what job you could get <strong>and</strong> only pay the difference<br />
between the pre-injury wage <strong>and</strong> the job they have assessed you as capable <strong>of</strong> doing. E.g. A storemen earning<br />
$600 per week is injured <strong>and</strong> after 12 months is assessed by the insurance company as capable <strong>of</strong> doing a<br />
machine operators job, but this job only pays $500 per week. The insurer will only pay the difference (in this<br />
example -$100 per week) until the injured worker’s retirement age or until they are fit for their pre-injury job.<br />
2 Year Review<br />
If you have received 104 weeks <strong>of</strong> Partial incapacity benefits <strong>and</strong> are not seeking suitable employment, have<br />
unreasonably rejected suitable employment or have not been able to find suitable employment because <strong>of</strong> the<br />
state <strong>of</strong> the labor market, your compensation payments may be discontinued by the insurance company.<br />
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Total incapacity<br />
First 26 weeks <strong>of</strong> total incapacity<br />
During the first 26 weeks <strong>of</strong> total incapacity (in general medically certified<br />
as being unable to perform any duties at all) a worker is entitled to receive<br />
their “current weekly wage rate” (cwwr).<br />
A worker under an industrial award or registered industrial agreement/<br />
consent award is paid the base amount shown in such an award not including<br />
any amounts for overtime, allowances or penalties.<br />
There is a cap on the cwwr <strong>of</strong> $1,535.90 as at 1 April 2007.<br />
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• Sec. 42(3) <strong>of</strong> the Workers Compensation Act 1987 (WCA) states that where a<br />
worker is not covered by an award but “there is such an award under which<br />
the worker would be entitled to be remunerated if the worker performed<br />
that work under a contract <strong>of</strong> service”, the worker shall be deemed to come<br />
under that award.<br />
• A worker who is not covered by an award or who is not captured by Sec.<br />
42(3) above is paid 80% <strong>of</strong> their “average weekly earnings” (awe). This<br />
figure becomes the worker’s cwwr. AWE are calculated by averaging out the<br />
worker’s earnings for the previous 12 months, or, if this is not appropriate,<br />
using other mechanisms such as “comparable worker” earnings.<br />
The same principles generally apply to casuals although the legislation does<br />
not make this clear. However if a casual works under an award which does not<br />
show a rate other than a weekly one, the cwwr is 80% <strong>of</strong> awe.<br />
• If a worker has 2 or more jobs a formula is applied to reduce the number <strong>of</strong><br />
hours for which compensation is payable to 40.<br />
Note: a worker with 2 or more jobs cannot be penalised by this 40 hour<br />
provision if the cwwr resulting is less than than that which would’ve applied<br />
if the worker’s cwwr had been solely based on wages earned at the employer<br />
with whom the injury occurred.<br />
Workers are entitled to receive 26 weeks at the cwwr for total incapacity even<br />
if this is made up <strong>of</strong> separate periods ranging over a period longer than 26<br />
calendar weeks from the date <strong>of</strong> injury <strong>and</strong> even if periods <strong>of</strong> partial incapacity<br />
intervene.<br />
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After 26 weeks <strong>of</strong> total incapacity<br />
After 26 weeks at the cwwr the majority <strong>of</strong> workers who are still totally<br />
incapacitated receive the appropriate statutory rate.<br />
As at 1 April 2007 the statutory rate is:<br />
o $361.30 pw plus<br />
o $95.20 for a dependent spouse <strong>and</strong><br />
o $68.00 p.w. for one dependent child (up to $354.60 for four dependent<br />
children <strong>and</strong> $102.30 for each child over that).<br />
The worker cannot however receive more than their cwwr.<br />
Partial incapacity<br />
When a worker becomes partially incapacitated (fit for suitable duties)<br />
the benefit available depends on whether suitable duties are made<br />
available.<br />
Suitable Duties Available<br />
If suitable duties are <strong>of</strong>fered <strong>and</strong> the worker returns to work, Sec 40 makeup<br />
pay is available. This is a payment to cover any difference between:<br />
• “the weekly amount which the worker would probably have been earning as a<br />
worker but for the injury”<br />
<strong>and</strong><br />
• “the average weekly amount which the worker is earning, or would be able<br />
to earn in some suitable employment, from time to time after the injury”.<br />
The Workers Compensation Act 1987 (WCA) states that this make-up benefit<br />
• “is not to exceed the weekly payment that would be payable to the worker<br />
if it were a period <strong>of</strong> total incapacity for work”.<br />
This means the injured worker receives earnings + make-up pay to AWE<br />
within the first 26 weeks <strong>of</strong> incapacity. After the first 26 weeks the injured<br />
worker receives earnings + make-up pay at statutory rate with the maximum<br />
payable being AWE.<br />
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No Suitable Duties<br />
If no suitable duties are available then Sec 38 benefits apply.<br />
Sec 38 is a section which has been amended a number <strong>of</strong> times since its<br />
introduction in 1987. Sec. 38 benefits are available for up to 52 weeks<br />
(amended from 104 weeks in 1998).<br />
• For any period these benefits are to be paid which falls within the first 26<br />
weeks <strong>of</strong> incapacity (which usually includes period/s <strong>of</strong> total incapacity) the<br />
rate is the cwwr.<br />
• After the 26 weeks <strong>of</strong> incapacity point, the worker receives 80% <strong>of</strong> the cwwr<br />
for the remainder <strong>of</strong> the 52 week period.<br />
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To be entitled to Sec 38 benefits the worker would <strong>of</strong>ten be required by the<br />
insurer to actively search for employment even if the pre-injury employer<br />
has indicated that they will keep the worker on. Workers who are unable to<br />
return to their pre-injury employer are entitled to receive these benefits whilst<br />
undergoing rehabilitation/retraining as well as when they are job seeking.<br />
PARTIAL<br />
TOTAL<br />
On Suitable Duties<br />
(S40)<br />
No Suitable Duties<br />
Available (S38) – up<br />
to 52 weeks<br />
CWWR (S36) Note: Earnings + make-up CWWR<br />
the 26 weeks <strong>of</strong> total pay to AWE<br />
First 26<br />
weeks<br />
incapacity is cumulative<br />
– periods <strong>of</strong> partial<br />
incapacity or no<br />
incapacity do not apply<br />
Statutory Payts (S37) Earnings + make-up 80% CWWR<br />
After 26<br />
weeks<br />
<strong>of</strong> statutory rate – the<br />
max payable is AWE<br />
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What Are Suitable Duties?<br />
<strong>Union</strong>s believe a key part <strong>of</strong> any fair workers compensation system is the legal<br />
requirement <strong>of</strong> employers to <strong>of</strong>fer an injured employee suitable duties --an<br />
injury does not mean an employer has the right to sack the worker because<br />
<strong>of</strong> that injury the Industrial Relations Act makes it an <strong>of</strong>fence to sack workers<br />
because <strong>of</strong> an injury within 6 months <strong>of</strong> an injury occurring.<br />
That’s why <strong>Union</strong>s lobbied the government to include disputes over suitable duties<br />
to be covered by the powers <strong>of</strong> the Workers Compensation commission.<br />
In such disputes, the Commission will be able to:<br />
• attempt to conciliate<br />
• direct that an injury management or other qualified person (paid by the<br />
employer) carry out a workplace assessment<br />
• refer it to WorkCover<br />
• make a recommendation<br />
Under the law the employer is required to provide suitable duties. OHS<br />
Representatives/union delegates should develop a list <strong>of</strong> suitable duties for their<br />
workgroup. An example has been provided in your Delegate’s Kit.<br />
An application can be made to the Industrial Relations Commission <strong>of</strong> <strong>NSW</strong><br />
for reinstatement by an injured worker who has been sacked within 2 years<br />
<strong>of</strong> the termination <strong>of</strong> employment. A worker can be reinstated to the same or<br />
different type <strong>of</strong> work.<br />
Workers back at work on suitable duties<br />
• The worker’s treating doctor must sign <strong>of</strong>f on return to work plan.<br />
• If workers require treatment i.e. physiotherapy, etc., this should be included<br />
in the return to work plan. The worker should be given adequate time to<br />
attend treatment.<br />
Supervisors “must not” require workers to go outside <strong>of</strong> the requirements <strong>of</strong><br />
the return to work plan.<br />
The worker must stick to the return to work plan.<br />
NB Workers are entitled to make-up pay while they are back on suitable<br />
duties. The make-up pay has to take into account penalty rates <strong>and</strong><br />
overtime.<br />
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Case Study<br />
Ahmed is a Workshop Maintenance employee. His Award Wage is $600 per<br />
week, but normal weekly earnings with shift allowance are $800 per week.<br />
If <strong>of</strong>f work -partial or total<br />
If back at work on suitable duties<br />
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Up to 6<br />
months<br />
6 months<br />
<strong>and</strong> after<br />
• A worker is paid their award rate<br />
or EBA wage rate. Whichever is<br />
applicable at their place <strong>of</strong> work,<br />
therefore they do not receive<br />
• penalty rates<br />
• shift allowance or<br />
• overtime.<br />
For example:<br />
• Ahmed is only entitled to $600<br />
while he is <strong>of</strong>f work.<br />
• The wage rate drops to a statutory<br />
rate set by the Government<br />
• This changes every 6 months<br />
• Refer to your union for the current<br />
benefit guide<br />
• A worker may be entitled to an<br />
additional benefit if they are seeking<br />
suitable employment<br />
• Benefits will be reviewed at 12<br />
months <strong>and</strong> 2 years. The union will<br />
advise on these reviews<br />
• A worker is paid their normal weekly<br />
wage<br />
• The employer pays the hours<br />
worked.<br />
• The insurer makes up the difference<br />
which includes overtime <strong>and</strong> penalty<br />
rates.<br />
For example:<br />
• Ahmed’s normal weekly earnings is<br />
$800.<br />
• Employer pays $400<br />
• Insurer makes up the difference up to<br />
his normal pay<br />
• Insurer pays $400 per week.<br />
• A worker back at work cannot<br />
receive more than the statutory rate<br />
in make up pay. The employers pay<br />
for hours worked<br />
• Insurer makes up difference. This is<br />
capped.<br />
For example:<br />
• Ahmed was earning $400 per week<br />
in make-up pay<br />
• This could be reduced to the applicable<br />
statutory rate i.e. $361.30.<br />
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Reasonable Efforts to Return to Work –<br />
What the Law Says<br />
The Workplace Injury Management & Workers Compensation Act 1998<br />
(WIMWCA) states that<br />
“an injured worker must make all reasonable efforts to return to work<br />
with his or her pre-injury employer”.<br />
It then goes on to state that<br />
“If a worker fails unreasonably to comply with a requirement <strong>of</strong> this<br />
Chapter after being requested to do so by the insurer, the worker has no<br />
entitlement to weekly payments <strong>of</strong> compensation during any period that<br />
the failure continues”.<br />
Insurers advise an injured worker, in writing, that they intend to stop<br />
benefits. In this notice they must advise the worker what they must do in<br />
order to have payments reinstated.<br />
It should be noted that the legislations says “The resumption <strong>of</strong> weekly<br />
benefits does not entitle the worker to weekly payments for the period in<br />
respect <strong>of</strong> which the worker had no entitlement to weekly payments”.<br />
Discontinuing weekly payments for Partial Incapacity<br />
The last legislative section <strong>of</strong> note regarding weekly benefits is Sec 52A WCA<br />
titled “Discontinuation <strong>of</strong> weekly payments for partial incapacity after 2<br />
years”. This section was introduced in 1995 <strong>and</strong> amended in 1998.<br />
This section applies to workers who have:<br />
• already received at least 104 weeks <strong>of</strong> partial incapacity benefits (i.e. Sec 38<br />
<strong>and</strong>/or Sec 40)<br />
<strong>and</strong><br />
• who are not seeking suitable employment OR<br />
• have unreasonably rejected suitable employment OR<br />
• have not been able to find suitable employment “primarily because <strong>of</strong> the state <strong>of</strong><br />
the labour market” (rather than because <strong>of</strong> the effects <strong>of</strong> the worker’s injury).<br />
A notice <strong>of</strong> discontinuation <strong>of</strong> payment must be sent to the worker.<br />
The section states “A worker is not entitled to a resumption <strong>of</strong> payment<br />
<strong>of</strong> weekly compensation for partial incapacity for work once payment is<br />
discontinued because <strong>of</strong> this section”.<br />
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Injury Management is a System<br />
Injury management comprises the interrelationship <strong>of</strong> four primary<br />
components:<br />
1. Employment management practices including:<br />
• RTW program development <strong>and</strong> implementation<br />
• Early injury reporting mechanisms<br />
• Suitable employment options<br />
2. Treatment including medical <strong>and</strong> medical investigation services<br />
3. Claims management, <strong>and</strong><br />
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4. Occupational rehabilitation including accredited provider services. The<br />
injury management system aims to reduce the incidence <strong>of</strong> long-term work<br />
loss <strong>and</strong> work disability.<br />
Injury Management<br />
Rehabilitation<br />
Claims Management<br />
Injury<br />
Management<br />
Employment<br />
Management<br />
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What is a return to Work Plan?<br />
A return to work plan provides the details <strong>of</strong> how you can return to work. It is<br />
similar to a program that an injured footballer would follow in relation to the<br />
getting back into a game – for example, they may only be allowed to play part<br />
<strong>of</strong> the game <strong>and</strong> possibly in a different position. This is known as gradual return<br />
<strong>and</strong> conditioning without exacerbating the injury. Most sports pr<strong>of</strong>essionals<br />
including tennis, cricket & soccer players play sport full time, this is their job<br />
<strong>and</strong> because it is critical for them to get back to work, the management <strong>of</strong><br />
sports related injuries is excellent <strong>and</strong> the model which should be followed.<br />
Their model is based on early intervention <strong>and</strong> a proper injury management<br />
plan which includes treatment. It is put together by a team <strong>of</strong> specialists, that<br />
is, a doctor, physiotherapists etc, <strong>and</strong> it commences within hours after an<br />
injury occurs <strong>and</strong> the majority <strong>of</strong> sports pr<strong>of</strong>essionals or clubs employ a team<br />
<strong>of</strong> health pr<strong>of</strong>essionals.<br />
The same approach should be used for work related injuries a person with their<br />
treating doctor (who has access to these health pr<strong>of</strong>essional i.e. physiotherapist<br />
etc) should be able to put together a treatment <strong>and</strong> return to work plan<br />
immediately following the injury. However some injuries are very serious<br />
particularly those requiring hospitalisation <strong>and</strong> this person may take a while to<br />
recover <strong>and</strong> be certified fit for suitable duties.<br />
Returning to work on suitable duties is the same. A person who is injured<br />
may not be able to return to work full time <strong>and</strong> may need a programme <strong>of</strong><br />
gradual return, that is, work conditioning This could be for a few hours a<br />
day with a gradual increase every week until they resume normal duties. Or<br />
alternatively the person may return to a different position as outlined in the<br />
examples below:<br />
• An ambulance <strong>of</strong>ficer with a back injury may not be able to return to<br />
emergency response work, however may return to <strong>of</strong>fice duties or telephone<br />
response.<br />
• A kitchen h<strong>and</strong> who has severely lacerated fingers would not be able to<br />
return to food h<strong>and</strong>ling or preparation however may return to work in a<br />
temporary position <strong>of</strong> ordering supplies etc<br />
• A police <strong>of</strong>ficer with a knee injury i.e. cartilage may not be able to return to<br />
response duties <strong>and</strong> may have to work in intelligence or on full station <strong>and</strong><br />
report writing duties<br />
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• A plant operator with a broken arm may be provided with a job as a<br />
supervisor.<br />
• A childcare worker with a back injury may have restrictions on lifting or<br />
carrying children <strong>and</strong> may either have to return to work on a gradual plan<br />
or work with another colleague.<br />
The plan should provide the details <strong>of</strong> the hours an injured person can return<br />
to work for as well as how many days. Every injury is different for example<br />
a broken arm is different to a strained shoulder <strong>and</strong> the recovery <strong>of</strong> certain<br />
injuries will longer than others. Therefore every return to work plan will vary.<br />
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The return to work plan should also clearly state any restrictions for example<br />
if a person is not able to operate heavy equipment or machinery, or they have<br />
restrictions on lifting over a certain weight. If you experience a problem with<br />
a return to work plan contact the union.<br />
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Sample Return to Work Plan<br />
The following return to work (RTW) plan has been developed for:<br />
1. Name ___________________________________________________________<br />
2. Job Title ________________________________________________________<br />
3. Work Location ___________________________________________________<br />
4. Supervisor _______________________________________________________<br />
5. Duties Considerations/ Restrictions<br />
( ) _____________________________ ( ) _____________________________<br />
( ) _____________________________ ( ) _____________________________<br />
( ) _____________________________ ( ) _____________________________<br />
( ) _____________________________ ( ) _____________________________<br />
( ) _____________________________ ( ) _____________________________<br />
Specific Duties to be Avoided<br />
___________________________________________________________________<br />
___________________________________________________________________<br />
___________________________________________________________________<br />
6. Hours/ Days <strong>of</strong> work _____________________________________________<br />
___________________________________________________________________<br />
___________________________________________________________________<br />
7. Treatment arrangements (dates, times, treatment, service)<br />
___________________________________________________________________<br />
___________________________________________________________________<br />
___________________________________________________________________<br />
8. Commencement Date Return-to-Work _______________________________<br />
9. Length <strong>of</strong> Return-to-Work Plan _____________________________________<br />
10. Review Dates Return-to-Work Plan<br />
11. General Comments ______________________________________________<br />
___________________________________________________________________<br />
___________________________________________________________________<br />
12. The following parties have agreed to the above plan for suitable duties<br />
__________________________________________ Injured worker<br />
__________________________________________ Supervisor<br />
__________________________________________ Return to work coordinator<br />
__________________________________________ Nominated treating doctor<br />
__________________________________________ <strong>Union</strong> representative<br />
__________________________________________ Date<br />
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Injury Management Flow Chart<br />
1. Report the injury to your employer as soon as possible<br />
2. Complete the Workplace Injury Register<br />
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3. Nominate a treating doctor.<br />
You have the right to choose your own Doctor.<br />
Return the WorkCover Medical Certificate to your employer.<br />
4. The employer makes an initial notification <strong>of</strong> your injury to the insurer.<br />
5. The insurer contacts you, the employer <strong>and</strong> your doctor within 3 days <strong>of</strong><br />
receiving the initial notification to:<br />
• determine your treatment <strong>and</strong> workplace rehabilitation needs,<br />
• approve payments for necessary treatment <strong>and</strong> workplace<br />
rehabilitation,<br />
• commence development <strong>of</strong> an Injury Management Plan, <strong>and</strong><br />
• determine your eligibility for provisional weekly payments.<br />
6. The insurer will ask you to provide your:<br />
• WorkCover medical certificate, <strong>and</strong><br />
• a signed information authority (consent form).<br />
The insurer may also ask you to lodge a claim<br />
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7. Provisional weekly payments should commence within 7 days <strong>of</strong> the<br />
initial notification (unless there is a reasonable excuse).<br />
The insurer will notify you in writing <strong>and</strong>, <strong>of</strong>ten, by phone about<br />
any payments it has approved, <strong>and</strong> the reasons for any payments not<br />
approved.<br />
8. Your employer should consult with you, your doctor, the union, the<br />
insurer <strong>and</strong> other treating health pr<strong>of</strong>essionals to:<br />
• establish a common return-to-work goal,<br />
• identify, negotiate <strong>and</strong> <strong>of</strong>fer suitable duties,<br />
• design a Return-to-Work plan which outlines the duties to be<br />
performed,<br />
• monitor your progress <strong>and</strong> upgrade your RTW plan until you have<br />
achieved your goal.<br />
If a worker has reason to dispute an insurer’s decision on any matter, he/she<br />
may contact the union.<br />
Or contact the WorkCover Assistance Service on 13 10 50.<br />
If the worker is not eligible to receive provisional weekly payments AND<br />
the worker makes a claim for weekly payments, he/she may be able to use<br />
sick <strong>and</strong> annual leave entitlements whilst the insurer assesses the claim. In<br />
this case, the insurer has 21 days in which to make a decision on the claim.<br />
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Summary <strong>of</strong> Frequently asked Workers<br />
Compensation Questions<br />
Medical or related treatment benefi ts<br />
An injured worker is entitled to claim the cost <strong>of</strong> reasonably necessary treatment<br />
that results from the injury including medication <strong>and</strong> treatment including physio<br />
<strong>and</strong> surgery.<br />
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<strong>Union</strong>s have also been successful in getting the government to include payments<br />
for seriously injured workers to get access to domestic care when it is reasonably<br />
necessary <strong>and</strong> directly results from the injury. It can include work such as<br />
mowing lawns, house cleaning <strong>and</strong> child minding.<br />
Where an accident results in damaged glasses or hearing aids etc. – these aids<br />
can be repaired or replaced without the need for an injury to have occurred.<br />
How to make a claim if you suffer a permanent injury<br />
In addition to claiming for the loss <strong>of</strong> your income <strong>and</strong> also medical, hospital<br />
<strong>and</strong> treatment expenses such as physiotherapy expenses, you may also be able to<br />
make a claim if you have suffered a permanent injury, for example, if you have<br />
an operation on your knee <strong>and</strong> you do not recover the full range <strong>of</strong> movement<br />
then you may be entitled to make a claim for what is known as a permanent<br />
impairment.<br />
How do I know if I am eligible to make a claim?<br />
If you have suffered an injury <strong>and</strong> the permanent impairment can be determined<br />
quickly, such as loss <strong>of</strong> sight in one eye, or hearing loss or had a part <strong>of</strong> a<br />
limb amputated then you are entitled to make application for a lump sum<br />
immediately.<br />
If you have a severe back or knee injury then these types <strong>of</strong> injury can take up<br />
to 12 months to be determined.<br />
This is on the basis that certain injuries taken this amount <strong>of</strong> time to stabilise<br />
or settle down.<br />
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Are there any additional benefi ts?<br />
Yes, if a person has sustained a very severe injury <strong>and</strong> they are awarded over a<br />
10% whole <strong>of</strong> body permanent impairment they would be entitled to claim an<br />
additional lump sum benefit under a pain <strong>and</strong> suffering provision.<br />
This benefit is up to a maximum <strong>of</strong> $50,000.<br />
The claimant would be eligible to receive a portion <strong>of</strong> this lump sum benefit.<br />
Who decides or determines a claim?<br />
The first step is to determine if you have a permanent injury. The union provides<br />
this assistance to their members.<br />
The union has <strong>of</strong>ficers <strong>and</strong> specialist compensation lawyers who will file all the<br />
necessary documents with the insurance company on your behalf.<br />
The union or their solicitor will arrange for you to seen an eminent doctor who<br />
is a specialist in the injury you have sustained – for example, if you have a h<strong>and</strong><br />
injury then you would be referred to one <strong>of</strong> the top specialists.<br />
Often the union may require for you to see more than one specialist to ensure<br />
that you can claim your full entitlements.<br />
These doctors will determine your level <strong>of</strong> what the permanent impairment is<br />
<strong>and</strong> prepare a report.<br />
The union solicitor then files this report, along with all the necessary documents<br />
with the insurance company.<br />
The insurance company will also request for you to be assessed by one <strong>of</strong><br />
their doctors who may disagree with what you have claimed <strong>and</strong> the union<br />
solicitor will try to negotiate a settlement or take the matter to the Workers<br />
Compensation Commission to have it determined.<br />
The union will also advise you on whether you are entitled to the additional<br />
lump sum pain <strong>and</strong> suffering benefit.<br />
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What does it cost?<br />
If you are a member <strong>of</strong> a union, absolutely nothing.<br />
This is one <strong>of</strong> the specialist services provided by the union to their members.<br />
Can I be sacked while I’m on compensation?<br />
It’s important for delegates <strong>and</strong> workers to know:<br />
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• A worker cannot be dismissed within six months <strong>of</strong> becoming unfit for<br />
employment under <strong>NSW</strong> laws because they are not fit for work due to<br />
injury<br />
• If a worker is dismissed because <strong>of</strong> the injury <strong>and</strong> they later become fit for<br />
their pre injury job -the union can apply for them to be reinstated -that means<br />
providing a medical certificate confirming they are fit for their employment.<br />
The union has up to 2 years to make this application<br />
• The union will <strong>of</strong>ten advise the employer <strong>of</strong> their intention to make this<br />
application at the time the worker is terminated.<br />
Refer to your union for advice.<br />
New options for disputes<br />
Changes to the Workers Compensation laws have affected how disputes are<br />
h<strong>and</strong>led. The Workers Compensation Commission was created in January,<br />
2002, <strong>and</strong> hear all disputed matters that were not before the Compensation<br />
Court before 1 April 2002. That includes:<br />
• Return to work disputes (including disputes about suitable duties)<br />
• Medical disputes – including permanent impairment<br />
• Other disputes<br />
Having return to work disputes included, as matter for the Commission is<br />
especially important – The unions got the government to agree to include a<br />
dispute resolution arm in the new Commission.<br />
This is first <strong>of</strong> its kind <strong>and</strong> unions can now argue the case where an employer<br />
fails to provide suitable duties for an injured worker. Employers constantly<br />
argue that they do not have suitable duties. It is important for you as a<br />
delegate to assist in this process to prove to the Commission the employer<br />
can provide suitable duties.<br />
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Workers Compensation Checklist<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Checklist Yes No<br />
Does your employer have a Register <strong>of</strong> Injuries book?<br />
Are employees informed <strong>of</strong> injury notification <strong>and</strong> reporting<br />
procedures?<br />
Is there a Return to Work program in your workplace?<br />
Does your workplace display Workers Compensation legislation,<br />
insurers information <strong>and</strong> return to work program?<br />
Is there a workplace injury notification program <strong>and</strong> procedures in<br />
place?<br />
Is there an injury management plan in place?<br />
Does your workplace provide regular injury management information<br />
<strong>and</strong>/or training programs?<br />
Is workers compensation information displayed in the workplace?<br />
Do employees know where to get a workers compensation claim form?<br />
Are employees aware <strong>of</strong> their workers compensation entitlements?<br />
Does your employer have clear policies <strong>and</strong> procedures relating to<br />
suitable duties for injured workers?<br />
Is make-up pay (including penalty rates <strong>and</strong> overtime) paid to workers<br />
back at work on suitable duties?<br />
Are employees aware <strong>of</strong> their obligation to make reasonable efforts to<br />
return to work after an injury?<br />
Are employees informed <strong>of</strong> details <strong>of</strong> insurers, accredited return to<br />
work co-ordinators?<br />
Are employees clearly informed <strong>of</strong> union assistance <strong>and</strong> services in<br />
relation to workers compensation matters?<br />
Are employees aware <strong>of</strong> the available disputes mechanisms for workers<br />
compensation claims?<br />
What needs to be done?<br />
(a) To establish appropriate workplace workers compensation programs?<br />
(b) To improve workers compensation programs in your workplace?<br />
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SECTION FOUR<br />
OHS<br />
Factsheets<br />
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BACK TO MAIN PAGE<br />
RTBU OHS Factsheets<br />
The following Factsheets have been compiled as a general guide to a number <strong>of</strong><br />
major workplace OHS issues, to assist union delegates <strong>and</strong> OHS representatives.<br />
The Factsheets <strong>and</strong> Checklists should only be used as general guidance material,<br />
<strong>and</strong> should be modified to more accurately reflect the particular requirements<br />
<strong>of</strong> specific workplaces. Delegates <strong>and</strong> OHS representatives should supplement<br />
this general material with a detailed underst<strong>and</strong>ing <strong>of</strong> policies <strong>and</strong> procedures<br />
that apply to their workplace.<br />
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List <strong>of</strong> Factsheets<br />
RTBU Factsheet 1 Accident <strong>and</strong> Injury Notifi cation 3<br />
RTBU Factsheet 2 Codes <strong>of</strong> Practice 12<br />
RTBU Factsheet 3 General Workplace Amenities 17<br />
RTBU Factsheet 4 Amenities – Accommodation 31<br />
RTBU Factsheet 5 Cash H<strong>and</strong>ling, Robbery <strong>and</strong> Violence 43<br />
RTBU Factsheet 6 Drug <strong>and</strong> Alcohol Testing 55<br />
RTBU Factsheet 7 Fatigue Management 62<br />
RTBU Factsheet 8 Hazardous Materials <strong>and</strong> Substances 66<br />
RTBU Factsheet 9 Bullying <strong>and</strong> Harassment 77<br />
The Factsheets are only available electronically, <strong>and</strong> can be viewed,<br />
downloaded or printed from the accompanying CD <strong>and</strong> RTBU website<br />
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RTBU OHS Fact Sheet 1:<br />
Accident <strong>and</strong> injury notifi cation<br />
what you need to know<br />
It is important for employers <strong>and</strong> employees to notify their insurance company<br />
<strong>and</strong> WorkCover <strong>of</strong> all workplace accidents <strong>and</strong> injuries no matter how small.<br />
Workplaces are required by law to keep accident <strong>and</strong> injury registers at each<br />
workplace. All workplaces are required to have hazard reporting mechanisms<br />
in place. Near miss incidents should also be recorded.<br />
All new employees must undergo induction training on how to report hazards<br />
to management.<br />
It’s the law notifi cation to workcover<br />
Employers are required to notify WorkCover immediately under clause<br />
341 <strong>of</strong> the OHS Regulation 2001 if a serious workplace accident or injury<br />
occurs. The OHS Regulation 2001 outlines what incidents have to be reported<br />
immediately.<br />
This must be done immediately!<br />
Listed below are the requirements <strong>of</strong> what types <strong>of</strong> injuries need to be notified.<br />
The Law requires the employer to notify under clause 341; however, <strong>Union</strong>s<br />
<strong>NSW</strong> encourages union delegates <strong>and</strong> OHS representatives to also notify<br />
WorkCover <strong>of</strong> any other incidents that may fall outside this list.<br />
What accidents, incidents <strong>and</strong> injuries<br />
require immediate notifi cation to workcover?<br />
Employers must notify Work Cover immediately if there is a serious incident,<br />
which involves any <strong>of</strong> the following:<br />
• A fatality<br />
• Someone loses consciousness<br />
• Someone is electrocuted<br />
• Someone is assaulted<br />
• Major damage to any plant, equipment, building or structure<br />
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• Uncontrolled explosion or fire<br />
• Uncontrolled release <strong>of</strong> gas, dangerous goods or steam<br />
• Someone is involved in a robbery<br />
• Someone has serious burns<br />
• Collapse <strong>of</strong> an excavation<br />
• A person is trapped in machinery or a confined space<br />
• Exposure to bodily fluids that present risk <strong>of</strong> transmission <strong>of</strong> blood born<br />
diseases<br />
• Any injury or illness resulting in more than 7 days <strong>of</strong>f work<br />
Non-serious incidents notifi cation to workcover<br />
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If there is an incident that is not serious i.e. no illness or is not immediately life<br />
threatening, then WorkCover can be notified within seven days.<br />
For information on how to notify WorkCover see the accompanying Information<br />
Sheet: ‘Accident <strong>and</strong> Injury Notifications -What Employers <strong>and</strong> Insurance<br />
Companies Need To Do’.<br />
What are the penalties for not notifying a work-related incident?<br />
The employer must notify WorkCover <strong>of</strong> any incident listed above immediately.<br />
Except where the injury is not serious i.e. not life threatening or not a serious<br />
illness, the penalties are listed below under section 86 <strong>of</strong> the OHS Act 2000.<br />
The maximum penalty for not notifying is:<br />
– $82,500 in the case <strong>of</strong> a corporation (being a previous <strong>of</strong>fender)<br />
– $55,000 in the case <strong>of</strong> a corporation (not a previous <strong>of</strong>fender)<br />
– $41,250 in the case <strong>of</strong> an individual (being a previous <strong>of</strong>fender)<br />
– $22,000 in the case <strong>of</strong> an individual (not a previous <strong>of</strong>fender)<br />
Employers notifi cation to insurers<br />
By law employers must notify their insurance company within 48 hours <strong>of</strong><br />
becoming aware <strong>of</strong> a Workers Compensation Injury where the employee is<br />
likely to have more than 7 days <strong>of</strong>f work.<br />
Employers must notify the insurance company within 7 days <strong>of</strong> all other claims.<br />
All other claims (that is, employees <strong>of</strong>f work for less than 7 days) must be<br />
notified within 7 days.<br />
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The employer must provide the name<br />
<strong>of</strong> the workers compensation insurer<br />
If a claim is required then your employer must provide you with a Workers<br />
Compensation form. The employer is also required to forward the claim form<br />
onto the insurer for processing.<br />
The employer must provide the details <strong>of</strong> the insurance company to the injured<br />
employee.<br />
Employers must have a register <strong>of</strong> injuries book<br />
Under Section 63 <strong>of</strong> the Workplace Injury Management <strong>and</strong> Workers<br />
Compensation Act 1998, employers are required to keep a register <strong>of</strong> injuries<br />
that is readily accessible in the workplace. The manager <strong>of</strong> any mine or quarry<br />
or the occupier <strong>of</strong> any factory, workshop, <strong>of</strong>fice or shop is responsible for this<br />
register <strong>of</strong> injuries.<br />
Sample <strong>of</strong> a register <strong>of</strong> injuries book<br />
Below is an example <strong>of</strong> the information that will be useful in a workplace<br />
injuries book so that an accurate record <strong>of</strong> workplace accidents <strong>and</strong> injuries can<br />
be kept. These records can be used to measure which workstations, processes<br />
or activities constitute risks in the workplace so that appropriate action can<br />
be taken to minimise these risks, as well as providing future reference on any<br />
workplace injury.<br />
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The register should be filled in as soon as possible so that accurate information<br />
can be obtained.<br />
Particulars:<br />
Name <strong>of</strong> injured worker<br />
Address<br />
Age<br />
Occupation<br />
Industry in which worker was engaged<br />
Operation in which worker was<br />
engaged at time <strong>of</strong> injury<br />
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Date <strong>of</strong> injury<br />
Hour am pm<br />
Nature <strong>of</strong> injury:<br />
Cause <strong>of</strong> injury<br />
Remarks<br />
(Signed)<br />
(Address)<br />
(Date)<br />
Hazard reporting requirements<br />
All employers are required by the law to report all workplace hazards. They<br />
must also take reasonable care in identifying all the hazards in their workplace.<br />
For more information on this process see the <strong>Union</strong>Safe Risk Assessment<br />
Information Sheet.<br />
When employers take into account all foreseeable hazards they must not only<br />
consider employees but must also consider anyone else entering onto the place<br />
<strong>of</strong> work (For example; contractors, members <strong>of</strong> the public or delivery people).<br />
Further information<br />
This Information Sheet is recommended as a guide only <strong>and</strong> is not a substitute<br />
for pr<strong>of</strong>essional or legal advice. If you need clarification or further advice please<br />
consult your <strong>Union</strong>.<br />
See also Information on Workers Compensation.<br />
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Accident <strong>and</strong> injury notifi cation –<br />
what employers need to do<br />
Notifi cation to workcover<br />
Employers are required to notify WorkCover IMMEDIATELY if any one <strong>of</strong> the<br />
following occurs:<br />
• A fatality<br />
• Someone loses consciousness<br />
• Someone is electrocuted<br />
• Someone is assaulted<br />
• Major damage to any plant, equipment, building or structure<br />
• Uncontrolled explosion or fire<br />
• Uncontrolled release <strong>of</strong> gas, dangerous goods or steam<br />
• Someone is involved in a robbery<br />
• Someone has serious burns<br />
• Collapse <strong>of</strong> an excavation<br />
• A person is trapped in machinery or a confined space<br />
• Exposure to bodily fluids that present risk <strong>of</strong> transmission <strong>of</strong> blood born<br />
diseases<br />
• Any injury or illness resulting in more than 7 days <strong>of</strong>f work<br />
Not in 24 hours – IMMEDIATELY!<br />
How to notify workcover<br />
WorkCover has an incident reporting hotline. Call WorkCover on 13 10 50<br />
Notifi cation to the insurer<br />
The employer must notify their insurance company within 48 hours <strong>of</strong> receiving<br />
a report <strong>of</strong> a significant injury (an injury where someone is <strong>of</strong>f work for more<br />
than seven (7) days). For all other injuries the employer has seven (7) days to<br />
notify the insurer.<br />
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Injury register book<br />
The injury must be recorded in the workplace Injury Register Book. Employers<br />
are required by law to keep an Injury Register. Refer to sample in Information<br />
Sheet Accident <strong>and</strong> Injury Notification – What You Need To Know.<br />
Must provide name <strong>of</strong> insurer<br />
The employer must provide the name <strong>of</strong> their Workers Compensation Insurer<br />
to any injured employee.<br />
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What insurance companies have to do<br />
Insurance companies must begin paying claims for weekly compensation<br />
within seven days after receiving an initial notification <strong>of</strong> injury, unless there is<br />
a ‘reasonable excuse’.<br />
A ‘reasonable excuse’ includes:<br />
• Unable to contact worker<br />
• Insufficient medical evidence<br />
• Worker is not an employee (for example, a director <strong>of</strong> a company)<br />
• Worker refuses to sign privacy clause on the claim form<br />
• Injury is not work related<br />
• Injury is notified after two months<br />
• Injury is not significant<br />
If the insurer does not pay within the set time your union representative should<br />
contact their union <strong>of</strong>fice or the insurer.<br />
Provisional liability<br />
Under ‘provisional liability’ weekly compensation payments can be made for<br />
up to 12 weeks from the date <strong>of</strong> incapacity.<br />
The length <strong>of</strong> time will depend upon the type <strong>of</strong> injury <strong>and</strong> how long the<br />
employee is likely to be <strong>of</strong>f work. Medical expenses can be approved up to a<br />
value <strong>of</strong> $5,000.<br />
The payments do not mean acceptance <strong>of</strong> the liability for the claim.<br />
Further information<br />
This Information Sheet is recommended as a guide only <strong>and</strong> is not a substitute<br />
for pr<strong>of</strong>essional or legal advice. If you need clarification or further advice please<br />
consult your <strong>Union</strong>.<br />
See also Information Sheets on Workers Compensation.<br />
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Employees’ rights <strong>and</strong> responsibilities if injured<br />
If you have suffered an injury or illness in your workplace you have the<br />
following rights <strong>and</strong> responsibilities.<br />
It is your responsibility to:<br />
– Report the injury or illness in the Injury Register Book<br />
– Give notice <strong>of</strong> the problem to your employer as soon as possible. Notice<br />
can be given verbally or in writing<br />
– Comply with your Return to Work plan<br />
– Co-operate with the insurer<br />
– Provide up to date WorkCover medical certificates to the insurance<br />
company<br />
You have the right to:<br />
– See the doctor <strong>of</strong> your choice if treatment is needed, <strong>and</strong> get a WorkCover<br />
medical certificate (you are entitled under the law to choose your own<br />
doctor)<br />
– Make a claim by using your employer’s workers compensation form<br />
– Choose your own rehabilitation or treatment provider<br />
– Have your union assist you with the progress <strong>of</strong> your claim <strong>and</strong> on any<br />
return to work issues<br />
– Be paid within seven days <strong>of</strong> lodging a claim unless the insurer has a<br />
‘reasonable excuse’ (see Accident <strong>and</strong> Injury Information Sheet – ‘What<br />
Employers Need To Do’)<br />
<strong>Union</strong>Safe has prepared a Information Sheet specifically on Workers<br />
Compensation. This Information Sheet sets out what the Insurer <strong>and</strong><br />
Employers must do. See this sheet for further information on Worker’s<br />
Compensation.<br />
Further information<br />
This Information Sheet is recommended as a guide only <strong>and</strong> is not a substitute<br />
for pr<strong>of</strong>essional or legal advice. If you need clarification or further advice<br />
please consult your <strong>Union</strong>.<br />
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Accident <strong>and</strong> injury notifi cation –<br />
what employees need to do<br />
Accident <strong>and</strong> injury notifi cation checklist<br />
In the event <strong>of</strong> an injury follow the following steps:<br />
1. Give notice <strong>of</strong> the injury as soon as possible to the employer, or anyone<br />
designated by the employer, such as a supervisor or a manager. This can<br />
be in writing or verbally. It MUST be given before an injured worker<br />
leaves or resigns from their job.<br />
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2. For a claim for hearing loss, notification must be given in writing.<br />
3. Advise your union representative.<br />
4. Record the injury in the Workplace Injury Register. If your workplace<br />
does not have a Workplace Register <strong>of</strong> Injuries Book then contact your<br />
safety representative, workplace union delegate or union, to ensure that<br />
one is established immediately.<br />
5. Make an appointment to see your treating doctor. You will need to<br />
notify the doctor that it is a ‘long’ or ‘double consultation’ when you<br />
make the appointment to ensure the appropriate consultation time is<br />
available. Remember, your doctor’s first priority is your health so they<br />
will be supportive.<br />
6. Fill in all necessary paperwork <strong>and</strong> claim forms. KEEP A COPY OF<br />
EVERYTHING.<br />
7. If treatment is needed then get a WorkCover medical certificate. Comply<br />
with your Return to Work plan.<br />
8. You must co-operate with the insurer <strong>and</strong> attend (if necessary) a medical<br />
examination with a medical practitioner arranged <strong>and</strong> paid for by the<br />
employer in reasonable time. You have the right to choose your own<br />
doctor.<br />
9. You must notify the insurer <strong>of</strong> your nominated treating doctor (the<br />
doctor <strong>of</strong> your choice), <strong>and</strong> also provide up to date WorkCover medical<br />
certificates to the insurance company.<br />
If after following all <strong>of</strong> these procedures you are still having difficulty in lodging<br />
a Workers Compensation claim then contact your <strong>Union</strong> for assistance.<br />
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Steps in Employee Injury Notifi cation<br />
Give notice <strong>of</strong> injury verbally or in writing to the employer<br />
or their representative as soon as possible<br />
A claim for hearing loss must<br />
be in writing<br />
Advise your union <strong>of</strong> the injury <strong>and</strong><br />
notification<br />
Record the injury in the Workplace Injury Register. If your<br />
workplace does not have a Workplace Register <strong>of</strong> Injuries Book<br />
then contact your safety representative, workplace union<br />
delegate or union, to ensure that one is established<br />
Make an appointment to see your treating doctor. You will need<br />
to notify the doctor that it is a ‘long’ or ‘double consultation<br />
Fill in all necessary paperwork <strong>and</strong> claim forms.<br />
KEEP A COPY OF EVERYTHING<br />
If treatment is needed then get a WorkCover medical certificate.<br />
Comply with your Return to Work plan.<br />
You must co-operate with the insurer <strong>and</strong> attend (if necessary)<br />
a medical examination with a medical practitioner arranged <strong>and</strong><br />
paid for by the employer in reasonable time.<br />
You have the right to choose your<br />
own doctor. You must notify the insurer<br />
<strong>of</strong> your nominated treating doctor<br />
You must also provide up to date<br />
WorkCover medical certificates to the<br />
insurance company.<br />
If you are having difficulty lodging a Workers’ Compensation<br />
claim, contact the <strong>Union</strong><br />
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RTBU OHS Fact Sheet 2:<br />
Codes <strong>of</strong> Practice<br />
The WorkCover Authority <strong>of</strong> <strong>NSW</strong> has produced these Industry Codes <strong>of</strong><br />
Practice. Copies <strong>of</strong> these Codes <strong>of</strong> Practice are available from the <strong>Union</strong>Safe<br />
website.<br />
It’s the law!<br />
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There are laws that cover workplace safety. For example there is the OHS Act<br />
2000 <strong>and</strong> the <strong>NSW</strong> OHS Regulation 2001.<br />
In addition to the Acts <strong>and</strong> Regulation WorkCover has produced a number<br />
<strong>of</strong> Codes <strong>of</strong> Practice. These provide practical guidance for employers <strong>and</strong><br />
employees to follow. WorkCover inspectors <strong>of</strong>ten refer to Codes <strong>of</strong> Practice<br />
when issuing notices to employers.<br />
Amenities for construction work code <strong>of</strong> practice<br />
Provides employers, self-employed persons <strong>and</strong> employees with practical advice<br />
on the provision <strong>of</strong> a minimum st<strong>and</strong>ard <strong>of</strong> amenities for persons engaged in all<br />
construction work.<br />
Amenity tree industry code <strong>of</strong> practice<br />
This Code applies to the amenity tree industry for pruning, trimming, repairing,<br />
maintaining, transplanting, removing trees, wood chipping, stump grinding <strong>and</strong><br />
for equipment used in such operations.<br />
Cash in transit code <strong>of</strong> practice<br />
This Code provides a practical guide for employers <strong>and</strong> others, who have duties<br />
for their particular area <strong>of</strong> work in dealing with Cash in Transit.<br />
Construction testing concrete pumps code <strong>of</strong> practice<br />
This Code applies to pump units, placing booms <strong>and</strong> ancillary equipment used<br />
for the conveyance <strong>of</strong> concrete, where the pump unit is skid mounted, trailer<br />
mounted or vehicle (prime mover) mounted.<br />
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Control <strong>of</strong> workplace hazardous substances codes <strong>of</strong> practice<br />
This Code is part <strong>of</strong> a regulatory package designed to deal with the safe use <strong>of</strong><br />
hazardous substances in the workplace so as to minimise the risk <strong>of</strong> disease <strong>and</strong><br />
injury due to the exposure to hazardous substances in the workplace.<br />
Cutting <strong>and</strong> drilling concrete <strong>and</strong> other masonry products<br />
code <strong>of</strong> practice<br />
This Code provides employers, self-employed persons <strong>and</strong> employees with<br />
practical advice on the use <strong>of</strong> saws <strong>and</strong> drills <strong>and</strong> associated equipment used<br />
in the cutting <strong>and</strong> drilling <strong>of</strong> concrete <strong>and</strong> other building structural materials<br />
during construction work.<br />
Design, manufacture <strong>and</strong> installation <strong>of</strong> on-farm <strong>and</strong> fi eld silos<br />
codes <strong>of</strong> practice<br />
This sets out the minimum safety requirements for the design, manufacture <strong>and</strong><br />
installation <strong>of</strong> silos <strong>and</strong> field bins used on farms.<br />
Electrical practices for construction work code <strong>of</strong> practice<br />
This Code provides practical guidance <strong>and</strong> sets minimum safety requirements<br />
for electrical practices on all construction sites in <strong>NSW</strong>.<br />
Facade retention code <strong>of</strong> practice<br />
This Code provides industry with a set <strong>of</strong> minimum safety requirements<br />
applicable to facade retention. It sets out the minimum requirements for the<br />
safe planning, procedures <strong>and</strong> maintenance for facade retention.<br />
Formwork code <strong>of</strong> practice<br />
This Code provides employers, self-employed <strong>and</strong> employees with practical<br />
advice on preventing injury to persons engaged in erecting <strong>and</strong> dismantling<br />
formwork <strong>and</strong> associated equipment.<br />
Hot or cold environments code <strong>of</strong> practice<br />
The aim <strong>of</strong> this Code <strong>of</strong> Practice is to assist employers in deciding on appropriate<br />
measures to eliminate or control the risks to employees who work in hot or<br />
cold environments.<br />
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Induction training for construction<br />
This Code provides practical advice on the provision <strong>of</strong> occupational health<br />
<strong>and</strong> safety induction training to persons engaged in construction work.<br />
Labelling <strong>of</strong> workplace substances codes <strong>of</strong> practice<br />
This Code provides advice to employers, self-employed persons, suppliers <strong>and</strong><br />
employees on meeting the labelling requirements <strong>of</strong> the Occupational Health<br />
<strong>and</strong> <strong>Safety</strong> (Hazardous Substances) Regulation 1996.<br />
Mono-str<strong>and</strong> post-tensioning <strong>of</strong> concrete buildings code <strong>of</strong> practice<br />
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This Industry Code <strong>of</strong> Practice provides employers, self-employed persons<br />
<strong>and</strong> employees with practical advice on safe mono-str<strong>and</strong> post-tensioning <strong>of</strong><br />
concrete buildings.<br />
Noise management <strong>and</strong> protection <strong>of</strong> hearing at work codes<br />
<strong>of</strong> practice<br />
This Code <strong>of</strong> Practice is to assist employers, self-employed persons <strong>and</strong> employees<br />
to develop <strong>and</strong> implement practices for noise management <strong>and</strong> protection <strong>of</strong><br />
hearing at work.<br />
OHS consultation code <strong>of</strong> practice<br />
This Code <strong>of</strong> Practice is a practical guide for meeting the duty to consult<br />
set out in the Occupational Health <strong>and</strong> <strong>Safety</strong> Act 2000 (OHS Act) <strong>and</strong> the<br />
Occupational Health <strong>and</strong> <strong>Safety</strong> Regulation 2001 (OHS Regulation).<br />
Overhead protective structures code <strong>of</strong> practice<br />
This Industry Code <strong>of</strong> Practice has been produced to provide industry with<br />
practical guidance on the design, supply, installation <strong>and</strong> use <strong>of</strong> overhead<br />
protective structures.<br />
Preparation <strong>of</strong> material safety data sheets codes <strong>of</strong> practice<br />
This Code is part <strong>of</strong> a regulatory package designed to deal with the safe use <strong>of</strong><br />
hazardous substances in the workplace so as to minimise the risk <strong>of</strong> disease <strong>and</strong><br />
injury due to the exposure to hazardous substances in the workplace.<br />
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Pumping concrete codes <strong>of</strong> practice<br />
This Code <strong>of</strong> Practice may be cited as, Code <strong>of</strong> Practice, Pumping Concrete<br />
for the safe operation <strong>of</strong> concrete pumps <strong>and</strong> ancillary equipment used for<br />
pumping concrete.<br />
Safe h<strong>and</strong>ling storage <strong>of</strong> enzymatic detergent powders <strong>and</strong> liquids<br />
codes <strong>of</strong> practice<br />
This is a set <strong>of</strong> minimum requirements for the safe h<strong>and</strong>ling <strong>and</strong> storage <strong>of</strong><br />
enzymatic detergent powders <strong>and</strong> liquids.<br />
Safe h<strong>and</strong>ling <strong>of</strong> timber preservatives <strong>and</strong> treated timber codes <strong>of</strong><br />
practice<br />
This Code provides practical guidance to employers, self-employed persons<br />
<strong>and</strong> employees to ensure the health <strong>and</strong> safety <strong>of</strong> workers h<strong>and</strong>ling timber<br />
preservatives <strong>and</strong> timber treated with preservatives.<br />
Safe use <strong>of</strong> vinyl chloride code <strong>of</strong> practice<br />
This Code <strong>of</strong> Practice may be cited as the Code <strong>of</strong> Practice for the Safe Use <strong>of</strong><br />
Vinyl Chloride<br />
Safe work on ro<strong>of</strong>s, part 1 – commercial <strong>and</strong> industrial buildings<br />
codes <strong>of</strong> practice<br />
This Code provides employers, self employed persons <strong>and</strong> employees<br />
with practical advice on safe work on ro<strong>of</strong>s for commercial <strong>and</strong> industrial<br />
buildings.<br />
Safe work on ro<strong>of</strong>s, part 2 – residential buildings codes <strong>of</strong> practice<br />
This Code provides employers, self-employed persons <strong>and</strong> employees with<br />
practical advice on preventing injury to persons engaged in work on ro<strong>of</strong>s.<br />
Safe use <strong>and</strong> storage <strong>of</strong> chemicals in agriculture codes <strong>of</strong> practice<br />
This Code provides a practical <strong>and</strong> informative guide to persons on how to<br />
comply with the relevant legislation relating to the use <strong>and</strong> storage <strong>of</strong> agricultural<br />
chemicals, including pesticides <strong>and</strong> herbicides.<br />
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Safe use <strong>of</strong> pesticides in non-agricultural workplaces codes <strong>of</strong><br />
practice<br />
This Code provides a guide for persons working in the pest control industry,<br />
green-keeping <strong>and</strong> other industries.<br />
<strong>Safety</strong> line systems codes <strong>of</strong> practice<br />
This Code provides employers, self employed persons <strong>and</strong> employees with<br />
practical advice on safety line systems.<br />
Sawmilling industry codes <strong>of</strong> practice<br />
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This Code <strong>of</strong> Practice is designed as an aid in the prevention <strong>of</strong> injury to<br />
persons employed in <strong>NSW</strong> sawmills. The Code covers the sawmilling process<br />
<strong>of</strong> all timber species used in the <strong>NSW</strong> Timber Industry including s<strong>of</strong>twood,<br />
hardwood, red gum <strong>and</strong> cypress pine. It applies to all sizes <strong>of</strong> timber sawmills<br />
ranging from small bush mills to large, fully automated mills.<br />
Tunnels under construction codes <strong>of</strong> practice<br />
This Code <strong>of</strong> Practice provides practical guidance for safe tunnel construction.<br />
Workplace amenities code <strong>of</strong> practice<br />
The aim <strong>of</strong> this Code <strong>of</strong> Practice is to assist employers in deciding on appropriate<br />
amenities for the welfare <strong>of</strong> their employees. It provides practical advice<br />
on implementing the requirements <strong>of</strong> the Occupational Health <strong>and</strong> <strong>Safety</strong><br />
Regulation 2001.<br />
Further information<br />
This Fact Sheet is recommended as a guide only <strong>and</strong> is not a substitute for<br />
pr<strong>of</strong>essional or legal advice. If you need clarification or further advice please<br />
consult your <strong>Union</strong> for further information.<br />
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RTBU OHS Fact Sheet 3:<br />
General Workplace Amenities<br />
Amenities – What you need to know<br />
Your workplace must have amenities as part <strong>of</strong> a safe working environment.<br />
Amenities must be appropriate for each workplace. For example: a dirty<br />
worksite will need showers; an exposed worksite will need shade <strong>and</strong> shelter;<br />
<strong>and</strong> mobile worksites will need portable amenities.<br />
What does the law say?<br />
Clause 18 <strong>of</strong> the OHS Regulation 2001 says that an employer must provide<br />
appropriate amenities for all employees. They must take into account the type<br />
<strong>of</strong> work that is being done, the size <strong>and</strong> location <strong>of</strong> the workplace <strong>and</strong> the<br />
number <strong>of</strong> people who work there.<br />
Under Clause 19 <strong>of</strong> the OHS Regulation 2001 employers must maintain<br />
amenities <strong>and</strong> accommodation. The employer must make sure all amenities <strong>and</strong><br />
accommodation is maintained in a clean, healthy <strong>and</strong> safe condition, unless the<br />
employer has no control.<br />
Types <strong>and</strong> nature <strong>of</strong> amenities<br />
Amenities include Washing Facilities, Showering Facilities, Change Rooms,<br />
Dining Areas, Drinking Water, Lockers <strong>and</strong> Storage, Rest Rooms, Shelter Sheds,<br />
Seating <strong>and</strong> Toilets.<br />
Amenities will vary in different types <strong>of</strong> workplaces, from large permanent<br />
workplaces to smaller permanent workplaces, <strong>and</strong> temporary or remote<br />
workplaces. As well as providing the actual amenities there is also the need to<br />
make sure they are adequately maintained, with regular cleaning, etc.<br />
You should ensure that your workplace has appropriate amenities by producing<br />
an Amenities Plan for your workplace.<br />
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Type <strong>of</strong> workplace<br />
Workplaces include any places where people may go while at work. For example,<br />
bus drivers have a workplace that extends through the routes they travel; they<br />
will need appropriate amenities at their terminus or along their route.<br />
In determining what is required, consider the type <strong>of</strong> workplace (e.g. indoors or<br />
outdoors), <strong>and</strong> whether it is permanent or temporary.<br />
The table below describes different types <strong>of</strong> permanent <strong>and</strong> temporary<br />
workplaces.<br />
Type <strong>of</strong> workplace examples<br />
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Permanent – fixed in a building: <strong>of</strong>fice, factory, hospital, school Permanent<br />
– fixed or mobile, but not always in a building: bus <strong>and</strong> truck<br />
drivers, airline crews<br />
Temporary – seasonal: tourism, show workers, recreational workers (e.g. ski<br />
instructors)<br />
Temporary – where employees work in a one-<strong>of</strong>f situation for hours, days or<br />
weeks: tradespersons (e.g. plumbers, electricians), gardeners,<br />
emergency services.<br />
There may be other factors relevant to your workplace, in addition to those<br />
above. An example is the time <strong>of</strong> work, such as in shift work, where workers<br />
may not have access to facilities that are closed at night.<br />
The WorkCover <strong>NSW</strong> Code <strong>of</strong> Practice for Risk Assessment can also help you<br />
in assessing your needs.<br />
H<strong>and</strong> washing facilities<br />
An employer must provide access to suitable h<strong>and</strong> washing facilities to enable<br />
employees to maintain st<strong>and</strong>ards <strong>of</strong> personal hygiene.<br />
Depending upon the nature <strong>of</strong> the work undertaken, h<strong>and</strong>s will require washing<br />
at different times (for example: after h<strong>and</strong>ling chemicals, changing children’s<br />
nappies, or h<strong>and</strong>ling greasy machinery).<br />
H<strong>and</strong> washing basins should be separate from troughs or sinks used in<br />
connection with the work process. A workplace assessment will determine<br />
where they should be positioned, but in general they should be located within<br />
easy access <strong>of</strong> all employees, workstations <strong>and</strong> facilities.<br />
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The washing facility should be protected from weather, <strong>and</strong> provided with an<br />
adequate supply <strong>of</strong> non-irritating soap <strong>and</strong> hygienic h<strong>and</strong> drying facilities.<br />
In areas with a scattered workforce, or one with employees concentrated in<br />
different areas, it may be necessary to have more than one washing facility.<br />
How many h<strong>and</strong> basins are required?<br />
The ratio <strong>of</strong> h<strong>and</strong> washing basins to employees <strong>and</strong> specifications for basins<br />
depends on the number <strong>of</strong> users, the type <strong>of</strong> building <strong>and</strong> the nature <strong>of</strong> the<br />
work.<br />
Consult the Building Code <strong>of</strong> Australia for information about the number <strong>of</strong><br />
basins required for your workplace (for example, there are special provisions for<br />
certain workplaces such as health care buildings, schools, <strong>and</strong> early childhood<br />
centres), however the ratio considered adequate for most workplaces is one per<br />
every 30 employees.<br />
Showering facilities<br />
Jobs such as fire fighting, work in abattoirs, foundry work, welding, <strong>and</strong> police<br />
search <strong>and</strong> rescue, are examples <strong>of</strong> situations where showering facilities may be<br />
required. Such jobs may involve dirty, hot or arduous work.<br />
Separate showering facilities should be provided for male <strong>and</strong> female employees.<br />
However, in small or temporary workplaces where the privacy <strong>of</strong> male <strong>and</strong><br />
female employees can be assured, it may be acceptable to provide one shower.<br />
Each shower area should have a lockable door <strong>and</strong> non-slip flooring.<br />
Change rooms<br />
Sometimes employees need to change clothes before, during or after work. This<br />
allows them to remove clothes that may be contaminated with substances from<br />
the work process. In other situations, employees may need to change into or<br />
out <strong>of</strong> a uniform that must be worn at work. In all <strong>of</strong> these circumstances,<br />
access to a change room is required for privacy reasons.<br />
Change rooms: what type is needed?<br />
When establishing change rooms, consider:<br />
• Privacy <strong>and</strong> security needs: separate change rooms should be provided for<br />
males <strong>and</strong> females. In some small workplaces, as long as the privacy <strong>of</strong><br />
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individuals can be assured by administrative means (e.g. an “engaged” sign<br />
on the door), only one change room may be necessary. The room should be<br />
secure <strong>and</strong> lockable from the inside.<br />
• Space requirements: change rooms need sufficient space <strong>and</strong> adequate seating<br />
to accommodate the maximum number <strong>of</strong> people changing their clothes at<br />
any one time.<br />
• Location: the room should be separate from other parts <strong>of</strong> the workplace, in<br />
a position convenient to washing <strong>and</strong> toilet facilities.<br />
• Fittings: the room should contain adequate storage space for clothes, a<br />
reasonable number <strong>of</strong> hooks <strong>and</strong> appropriately positioned mirrors.<br />
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• Seating: suitable seating (e.g. benches) should be provided to accommodate<br />
the numbers <strong>of</strong> people likely to be using the room at any one time.<br />
• Special requirements for hazardous substances: where the work involves the<br />
wearing <strong>of</strong> protective clothing due to hazardous substances (e.g. asbestos<br />
work, lead processing, electroplating), special decontamination changing<br />
facilities may be needed. This special change room should be separate from<br />
other changing, washing <strong>and</strong> toilet facilities.<br />
• Special requirements for wet outdoor work: some outdoor workers, such as<br />
emergency services personnel, <strong>and</strong> parks <strong>and</strong> gardens maintenance workers,<br />
may regularly get wet during the course <strong>of</strong> their work. As wet clothing <strong>and</strong><br />
footwear may be a risk to their health <strong>and</strong> safety, drying facilities for clothes<br />
<strong>and</strong> shoes should be arranged.<br />
Dining areas<br />
Employees must be provided with hygienic facilities for eating their meals <strong>and</strong><br />
for preparing <strong>and</strong> storing food.<br />
In some workplaces, mixing working <strong>and</strong> eating areas can create risks to health<br />
<strong>and</strong> safety. Substances or processes used in the workplace may contaminate food,<br />
posing a risk to employees. In some situations, mixing working <strong>and</strong> eating areas<br />
may spoil work being done, or equipment being used (e.g. crumbs in sensitive<br />
equipment). If this is the case, employees should be provided with appropriate<br />
facilities for eating during meal breaks. In all workplaces, appropriate systems<br />
for the removal <strong>of</strong> rubbish associated with eating <strong>and</strong> dining areas must be put<br />
in place.<br />
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Dining areas: Making them appropriate for<br />
your workplace:<br />
For large permanent workplaces<br />
A specially dedicated dining or eating area may be provided. The dining area<br />
should be separated from the work area <strong>and</strong> protected from weather. It should<br />
provide hot <strong>and</strong> cold running water; facilities for washing <strong>and</strong> storage <strong>of</strong><br />
utensils; <strong>and</strong> hygienic storage <strong>and</strong> heating <strong>of</strong> food. Adequate numbers <strong>of</strong> tables<br />
<strong>and</strong> seats should be provided, as well as the appropriate crockery <strong>and</strong> cutlery.<br />
For smaller permanent workplaces<br />
Where dining facilities are not practical, there should at least be access to a<br />
separate area, which has a sink with running water, a clean storage cupboard,<br />
a facility for boiling water <strong>and</strong> a refrigerator to avoid food spoilage. In<br />
workplaces where work processes may contaminate food, no matter how small<br />
those workplaces are, a separate dining room is required.<br />
For temporary or remote workplaces<br />
Where the work involves travelling between different workplaces, or is remote<br />
or seasonal, employees need reasonable access to dining facilities. This may<br />
involve organising rosters for mobile workers (such as bus drivers or couriers)<br />
to ensure that they are back at their base location for meal breaks. Alternatively<br />
mobile workers, such as sales representatives, may take their meal breaks en<br />
route.<br />
Employees working in remote areas, such as loggers or mining exploration<br />
workers, may face severe constraints in dining facilities. At times the only<br />
enclosed facility available to them may be their vehicle. In this instance portable<br />
food storage facilities may be required, such as a car fridge or insulated lunch<br />
box.<br />
Drinking water<br />
An adequate supply <strong>of</strong> clean drinking water must be provided at all workplaces,<br />
<strong>and</strong> be readily accessible for all employees. Drinking enough fluids is essential<br />
for normal health, especially bladder <strong>and</strong> kidney function.<br />
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In general, drinking points should be:<br />
• Positioned where they can be easily accessed by employees;<br />
• Close to where hot or strenuous work is being carried out to reduce the<br />
likelihood <strong>of</strong> dehydration or heat stress;<br />
• Separate from toilet or washing facilities to avoid contamination <strong>of</strong> the<br />
drinking water.<br />
The temperature <strong>of</strong> the drinking water should be at or below 24 degrees Celsius.<br />
This may be achieved by:<br />
• Refrigeration <strong>of</strong> the water;<br />
• Provision <strong>of</strong> non-contaminated ice;<br />
• Shading <strong>of</strong> water pipes <strong>and</strong> storage containers from the sun.<br />
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Where connection to a water supply is possible, the drinking water must be<br />
delivered in a hygienic manner. This may involve a drinking fountain, where the<br />
water is delivered in an upward jet, or supply <strong>of</strong> disposable cups or washable<br />
glasses.<br />
Lockers <strong>and</strong> storage<br />
Employees should be provided with a secure space to store personal belongings<br />
(such as h<strong>and</strong>bags <strong>and</strong> coats) while at work. Personal Protective Equipment<br />
(PPE) <strong>and</strong> clothing should also be stored <strong>and</strong> secured to ensure that it will be<br />
available for use when next required.<br />
PPE should not be transferred from worker to worker. This includes respirators<br />
<strong>and</strong> moulded earplugs. There is potential for transmission <strong>of</strong> disease if items<br />
such as these are shared.<br />
The safe storage <strong>of</strong> personal belongings may be more difficult for mobile<br />
workers, such as parks <strong>and</strong> gardens or road maintenance workers. In these cases,<br />
temporary lockable containers stored in a secure place may be appropriate.<br />
Rest rooms<br />
Employees may need access to a rest area for a period <strong>of</strong> short-term respite<br />
while at work. The need for rest may be due to illness, injury or fatigue.<br />
Rest rooms may take a number <strong>of</strong> forms. If there is a first aid room, the rest<br />
area facilities may be part <strong>of</strong> that room. Alternatively, a quiet <strong>of</strong>fice with a<br />
comfortable chair may serve as a rest area. If it is not practical to provide an<br />
appropriate rest area within the place <strong>of</strong> work, then other adequate arrangements<br />
may be necessary.<br />
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Some employees may have different needs for rest areas. For example, the rest<br />
area for long distance truck drivers may be the sleeper berth behind their seat,<br />
or in a busy call centre or hospital, employees might need time out from their<br />
work activities.<br />
Shelter sheds<br />
Outdoor workers, such as road maintenance workers <strong>and</strong> gardeners, should<br />
be provided with reasonable access to shelter if weather conditions make work<br />
unsafe or impractical, for example, high winds, lightning, rain or very hot<br />
weather.<br />
In some situations where employees have a vehicle nearby, this may provide<br />
appropriate short-term shelter. Where larger numbers <strong>of</strong> workers require shelter<br />
a shed or caravan may be needed. Portable shade canopies may also provide<br />
shelter against the heat. In some situations, access to appropriate nearby public<br />
shelter (for example rotunda in the park, awnings under nearby buildings) may<br />
be suitable.<br />
Seating<br />
Employees should be provided with seating appropriate to the tasks being<br />
undertaken.<br />
An assessment <strong>of</strong> work activity, in consultation with employees, should consider<br />
whether the work is best carried out in a seated or st<strong>and</strong>ing position (or a<br />
combination <strong>of</strong> the two). Ideally, employees should have a mix <strong>of</strong> seated <strong>and</strong><br />
st<strong>and</strong>ing tasks -neither prolonged sitting nor st<strong>and</strong>ing is desirable.<br />
Many tasks, such as screen based work, fine component assembly, or tasks<br />
involving the frequent repetitive use <strong>of</strong> foot controls, are best done in a seated<br />
position.<br />
For tasks best undertaken in a seated position, employees should be provided<br />
with suitable seating.<br />
The seat design should be appropriate for the work performed enabling the<br />
worker to adopt a comfortable, ergonomically sound working position.<br />
Seating should:<br />
• Be fully adjustable to accommodate different sized employees;<br />
• Provide good body support, especially for the lower back;<br />
• Enable good foot support -this may mean the use <strong>of</strong> a footrest that should<br />
be moveable if necessary.<br />
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Toilets<br />
It is essential that employees have ready access to toilet facilities for the<br />
maintenance <strong>of</strong> good health.<br />
Health reasons<br />
Research has shown that where toilets are not readily accessible, employees<br />
may reduce their fluid intake to compensate. A reduced fluid intake is not<br />
recommended <strong>and</strong> can lead to health problems such as bladder <strong>and</strong> kidney<br />
disease, or heat stress in hot conditions.<br />
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Where toilets are not accessible, people may sometimes try to delay going,<br />
which is also inadvisable, <strong>and</strong> may lead to health problems in the longer term<br />
such as incontinence.<br />
Design<br />
It is preferable that toilets are connected to the sewer. If this is not practicable,<br />
self-contained freshwater flushing or open-closet portable toilets should be<br />
provided. Toilets not connected to the sewer must be serviced regularly to<br />
ensure that they are maintained in a sanitary condition.<br />
Each toilet should be fitted with a hinged seat <strong>and</strong> lid, <strong>and</strong> hinged door capable<br />
<strong>of</strong> locking from the inside. Adequate <strong>and</strong> hygienic means for the disposal <strong>of</strong><br />
sanitary items should be provided for female employees. Toilets should be kept<br />
clean <strong>and</strong> hygienic at all times <strong>and</strong> be positioned to ensure users’ privacy.<br />
How many toilets are needed?<br />
The number <strong>of</strong> toilets required depends on the number <strong>of</strong> employees, or users<br />
<strong>of</strong> the facilities, <strong>and</strong> the type <strong>of</strong> building. In assessing needs, also consider how<br />
many visitors or members <strong>of</strong> the public might come to your workplace.<br />
Consult the Building Code <strong>of</strong> Australia for specific guidance on the number<br />
<strong>of</strong> toilets required; however the following ratios will be applicable to most<br />
workplaces:<br />
Closet Pans: 1 per 20 males; 1 per 15 females.<br />
Urinals: 1 per 25 males.<br />
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Toilet requirements in different types <strong>of</strong> workplaces<br />
For workplaces within buildings, the Building Code <strong>of</strong> Australia outlines the<br />
ratio <strong>of</strong> toilets to employees, <strong>and</strong> the specifications for toilets. In most cases,<br />
employers are expected to provide their own toilet facilities for employees,<br />
rather that relying on access to external public toilets.<br />
Separate toilets should be provided for male <strong>and</strong> female employees, <strong>and</strong> should<br />
be clearly signposted. However, in some small businesses with only a few<br />
employees (e.g. less than 10) a unisex facility may be provided, as long as the<br />
privacy <strong>of</strong> male <strong>and</strong> female employees can be assured. In such situations, one<br />
toilet, one washbasin <strong>and</strong> a means <strong>of</strong> disposing <strong>of</strong> sanitary items is required.<br />
Toilets must be accessible, preferably located inside a building, or as close as<br />
possible to the workplace, to control any risk to employees’ safety. They should<br />
be installed to prevent any odours escaping.<br />
In multiple storey buildings, toilets should be located on at least every second<br />
storey. Where shops are located in a shopping complex, the owner <strong>of</strong> the<br />
complex should provide sufficient toilets to satisfy the needs <strong>of</strong> all the shops.<br />
Larger employers within shopping complexes, such as department stores <strong>and</strong><br />
supermarkets would reasonably be expected to provide their own toilets to<br />
facilitate quick access for employees. Further guidance is provided in the<br />
Building Code <strong>of</strong> Australia.<br />
Maintenance <strong>of</strong> amenities<br />
Amenities must be maintained on a regular basis. This will involve ensuring<br />
that amenities are cleaned <strong>and</strong> any necessary repairs are carried out promptly.<br />
Regular maintenance should also include regular checks to ensure amenities are<br />
up to st<strong>and</strong>ard. These checks can be undertaken as part <strong>of</strong> OHS consultation<br />
arrangements.<br />
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CODE OF PRACTICE ON AMENITIES<br />
There is a WorkCover Code <strong>of</strong> Practice on Amenities, which can be downloaded<br />
from the <strong>Union</strong>Safe Website.<br />
Amenities – What you need to do<br />
Employer must provide amenities<br />
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Your employer must provide amenities. These include:<br />
• Washing Facilities<br />
• Showering Facilities<br />
• Change Rooms<br />
• Dining Areas<br />
• Drinking Water<br />
• Lockers <strong>and</strong> Storage<br />
• Rest Rooms<br />
• Shelter Sheds<br />
• Seating<br />
• Toilets<br />
• Maintenance <strong>of</strong> amenities<br />
Refer to the ‘Amenities -What you Need To Know’ Fact Sheet for details on<br />
these amenities.<br />
The employer should comply with the WorkCover Code Of Practice on<br />
Amenities, which is available from the <strong>Union</strong>Safe website.<br />
The employer must consult with employees regarding the provision <strong>of</strong><br />
amenities.<br />
Factors to consider for amenities<br />
In assessing the requirements for amenities the employer, in consultation with<br />
employees, should consider the following factors:<br />
Nature <strong>of</strong> the work undertaken<br />
The type <strong>of</strong> work performed will determine what amenities are required.<br />
For example, amenities provided for <strong>of</strong>fice employees may differ from those<br />
provided for employees undertaking dirty, hot or arduous tasks (such as<br />
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foundry work or fire fighting), or for employees working in hospitals or nursing<br />
homes.<br />
It may be that different areas within the one workplace may have different<br />
amenity requirements depending on the tasks being undertaken <strong>and</strong> the<br />
equipment being used. For example, those who do dirty work will require<br />
washing <strong>and</strong> showering facilities.<br />
Size <strong>and</strong> location <strong>of</strong> the place <strong>of</strong> work<br />
Consider whether the place <strong>of</strong> work is in a building or structure, or whether<br />
work is undertaken outdoors, or in a remote area. Work may also be undertaken<br />
away from base<br />
e.g. sales representatives or tradespersons. The following questions should be<br />
asked:<br />
Does the place <strong>of</strong> work cover an extensive area, or is work undertaken in a<br />
relatively compact location?<br />
Do employees travel between workplaces, to numerous work sites, or other<br />
locations?<br />
Is the workplace close to appropriate amenities or in a remote area?<br />
How long would it take to access the nearest amenity facilities if necessary?<br />
Composition <strong>of</strong> the workforce (men, women, people with special<br />
needs)<br />
The number <strong>of</strong> employees at the workplace will determine what amenities are<br />
required.<br />
• Facilities should ensure adequate privacy <strong>and</strong> security for the needs <strong>of</strong> men<br />
<strong>and</strong> women. People with disabilities or special needs should also be provided<br />
with appropriate amenities.<br />
Checking <strong>and</strong> reviewing amenities<br />
Consider the frequency <strong>of</strong> when the checks are made, how this is done <strong>and</strong><br />
who does it. Ideally amenities should be inspected on a regular basis so that<br />
they are kept in an adequate condition <strong>and</strong> are consistent with the Amenities<br />
Plan you have developed (above).<br />
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Assessment <strong>of</strong> amenities can be a part <strong>of</strong> a risk assessment conducted under<br />
your workplace’s OHS consultation arrangements.<br />
A facility should exist for employees to notify their OHS representatives,<br />
employer <strong>and</strong> union if amenities are inadequate.<br />
Amenities planning <strong>and</strong> assessments should also be undertaken in the event <strong>of</strong><br />
any move, expansion, relocation or alteration to the workplace.<br />
The consultation arrangements <strong>and</strong> assessment can be used to produce a<br />
workplace Amenities Plan as set out above.<br />
Are there any other obligations regarding amenities?<br />
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Yes. An employer must ensure that any amenities provided (including<br />
accommodation) are maintained in a safe <strong>and</strong> healthy condition. See Clauses<br />
18-19 <strong>of</strong> the OHS Regulation 2001.<br />
There may be circumstances where the employer has no control or only limited<br />
control over amenities. In this case their obligation applies only to the extent<br />
<strong>of</strong> their control. Owners or controllers <strong>of</strong> premises may then have obligations<br />
in this area.<br />
What legislation covers the provision <strong>of</strong> amenities?<br />
An employer must ensure that appropriate amenities are available for all<br />
employees while they are at work. See also Part 4 <strong>of</strong> the OHS Act 2000 –<br />
Industry codes <strong>of</strong> practice.<br />
Employers should also observe any industry code <strong>of</strong> practice relevant to the<br />
provisions <strong>of</strong> amenities. See OHS Regulation 2001, Clauses 18-19.<br />
Does “amenities” include accommodation?<br />
Yes. If the employer determines it is necessary for the welfare <strong>of</strong> employees or<br />
if it is required due to the circumstances <strong>of</strong> their work. A separate Factsheet on<br />
Accommodation is include din these resources.<br />
This Fact Sheet is recommended as a guide only <strong>and</strong> is not a substitute for<br />
pr<strong>of</strong>essional or legal advice. If you need clarification or further advice please<br />
consult your <strong>Union</strong> for further information.<br />
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OHS General Amenities Checklist<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Rating Checklist Yes No<br />
Does the workplace provide appropriate amenities suitable for the<br />
type, location, size <strong>and</strong> cpmposition <strong>of</strong> the workplace?<br />
Are adequate h<strong>and</strong>washing facilities provided for employees?<br />
Does the workpace provide change room <strong>and</strong> shower facilities?<br />
Are meal rooms provided?<br />
Do employees have access to suitable drinking water?<br />
Are employees provided with lockers <strong>and</strong> storage for personal items?<br />
Does the workplace provide adequate first aid facilities?<br />
Do employees have access to rest areas or rest rooms?<br />
Are shelter sheds provided for outdoor employees?<br />
Is there adequate seating provided for tasks being undertaken?<br />
Does the workplace provide access to clean toilet facilities?<br />
Are toilet facilities adequate for employee numbers, <strong>and</strong> others using<br />
the workplace, <strong>and</strong> composition (Male, female, disabled)?<br />
Are workplace amenities regularly cleaned, repaired <strong>and</strong> maintained in<br />
good order?<br />
What needs to be done?<br />
• To establish appropriate workplace amenities?<br />
• To improve general amanities in your workplace?<br />
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OHS Meal Room Amenities Checklist<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Rating Checklist Yes No<br />
Are meal rooms appropriate <strong>and</strong> adequate for the type <strong>of</strong> workplace<br />
<strong>and</strong> employee numbers?<br />
Are the meal room facilities secure <strong>and</strong> safe?<br />
Do meal rooms provide adequate cooking utensils <strong>and</strong> equipment<br />
(hotplates, toasters, ovens, hot water urns, microwave oven, fridges)?<br />
Do meal rooms provide water coolers <strong>and</strong> ice machines?<br />
Do meal rooms have adequate lighting?<br />
Is sufficient comfortable seating provided?<br />
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Do meal rooms have sufficient lined rubbish bins?<br />
Do employees have access to departmental <strong>and</strong> public phones?<br />
Are noticeboards provided in meal rooms?<br />
Do meal rooms provide coat hooks <strong>and</strong> adequate storage for work<br />
bags?<br />
Are meal rooms air conditioned with controls in meal rooms?<br />
Are h<strong>and</strong>washing facilities (including liquid soap dispensers, paper<br />
towels or air dryers) provided?<br />
Are meal rooms equipped with appropriate safety equipment (safety<br />
blanket, fire extinguisher)?<br />
Are meal room amenities regularly cleaned, repaired <strong>and</strong> maintained in<br />
good order?<br />
What needs to be done?<br />
• To establish appropriate meal room amenities?<br />
• To improve meal room amenities in your workplace?<br />
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RTBU OHS Fact Sheet 4:<br />
Amenities-Accommodation<br />
The following factsheet is based on minimum st<strong>and</strong>ard developed by the<br />
<strong>NSW</strong> Locomotive Division, <strong>and</strong> is provided here as a guide only. Many <strong>of</strong><br />
the st<strong>and</strong>ard described will not apply to a range <strong>of</strong> workplaces. Delegates <strong>and</strong><br />
OHS representatives should be familiar with policies <strong>and</strong> procedures applying<br />
to their workplace.<br />
Accommodation minimum st<strong>and</strong>ards<br />
Where individual st<strong>and</strong>ards may vary between Hotels / Motels <strong>and</strong> Barracks<br />
these differences will be noted.<br />
Defi nitions<br />
EXISTING BARRACKS – Refers to those current Barracks or Employer<br />
provided Rest Houses currently in use.<br />
NEW BARRACKS – Refers to any Barracks or Employer provided Rest Houses<br />
that may either be built in the future or, where currently disused, are returned<br />
to use. Any proposal to build new barracks is to have the full involvement <strong>of</strong><br />
the RTBU Locomotive Division (<strong>NSW</strong>) Divisional Secretary or their nominee.<br />
HOTEL / MOTEL – Refers to any Privately Operated accommodation as the<br />
name implies. Where Hotels / Motels are currently in use that do not comply<br />
with these new st<strong>and</strong>ards dispensation from these st<strong>and</strong>ards is only granted for<br />
the life <strong>of</strong> the current contract.<br />
SERVICED APARTMENTS – Refers to fully self-contained units or apartments<br />
with one or more bedrooms <strong>and</strong> lounge/living area. Generally (unless noted<br />
otherwise) the same requirements as for Hotels / Motels will apply.<br />
Any accommodation proposed for use by RTBU members must be inspected by<br />
the relevant Sub-Divisional <strong>of</strong>ficers or their nominee, <strong>and</strong> must be conducted in<br />
accordance with this st<strong>and</strong>ard. A written report <strong>of</strong> any inspection carried out<br />
must be submitted to the relevant RTBU Division (<strong>NSW</strong>) Divisional Secretary<br />
by the <strong>of</strong>ficer carrying out the inspection.<br />
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Accommodation Inspection Checklists for Barracks <strong>and</strong> Motel Accommodation<br />
are attached to these st<strong>and</strong>ards, <strong>and</strong> should be used for any inspections <strong>of</strong><br />
accommodation. Original copies <strong>of</strong> the Inspection Checklists should be<br />
forwarded to the Divisional Secretary upon completion <strong>of</strong> the inspection.<br />
Minimum st<strong>and</strong>ards – barracks<br />
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General St<strong>and</strong>ards • The accommodation must be in a quiet location.<br />
• Rooms must be acoustically sound to prevent external<br />
noise or noise from adjacent rooms impacting upon<br />
the occupant’s ability to sleep at any time <strong>of</strong> day or<br />
night.<br />
• The accommodation must be within easy walking<br />
distance to the sign on point or transport must be<br />
provided.<br />
• The allocated rooms must be available at all times for<br />
the duration <strong>of</strong> the contract.<br />
• Rooms cleaned <strong>and</strong> serviced after each use.<br />
• Reverse cycle air conditioning with individual<br />
adjustment for each room.<br />
• Hot <strong>and</strong> cold running water.<br />
• Power points (including shaver) to be provided,<br />
including in bathroom.<br />
• Draft excluder for any external doors.<br />
• Window shutters with blinds or drapes (black out<br />
type) to exclude daylight. (Not required if design <strong>of</strong><br />
building removes the ability <strong>of</strong> external light to reach<br />
sleeping area by other means).<br />
• Key security.<br />
Meals <strong>and</strong> Cooking • All members are entitled to partake <strong>of</strong> hot, cooked<br />
Facilities<br />
meals at any time during their absence from their<br />
homes.<br />
• Barracks <strong>and</strong> Hotels / Motels must have 24 hour<br />
cooking facilities.<br />
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• Barracks are to have fully equipped cooking / kitchen<br />
facilities such as a stove/cooker, griller, microwave<br />
oven, toaster, tea/c<strong>of</strong>fee facilities, hot water urn,<br />
crockery <strong>and</strong> cutlery, pots, pans <strong>and</strong> utensils.<br />
• Full kitchen washing up facilities must also be<br />
provided. Exhaust fans / range hoods must be<br />
provided over any cooking area.<br />
Sleeping Quarters<br />
Beds<br />
Double bed ensemble (long type).<br />
• The bed must be no less than King Single size<br />
ensemble.<br />
• Electric Blanket.<br />
• Spare pillow <strong>and</strong> blanket.<br />
Clothes Hanging Areas • Wardrobe for hanging clothes.<br />
• The minimum acceptable is a full-length locker in<br />
each room.<br />
Alarm Clocks or • Only if no other method <strong>of</strong> being called for duty is<br />
Crew Calling Facilities available.<br />
• Crew calling facilities. A suitable method for calling<br />
crews at rest (wake up calls) must be provided by the<br />
employer at any location where crews are required to<br />
undertake rest in accordance with relevant Awards/<br />
EA’s/ Rostering Codes<br />
General Amenities • Fitted carpet to be provided in areas (including<br />
hallways) except wet areas.<br />
• Table <strong>and</strong> chairs in individual rooms.<br />
Refrigerator • Located in kitchen area.<br />
Colour TV<br />
• Located in TV/Lounge area.<br />
Direct Dial Telephone • Provided in central location away from quiet areas.<br />
for outgoing calls.<br />
• Must be available 24 hours a day.<br />
• Phone calls made to legitimate nominated locations/<br />
numbers such as Depots/Trains/Train Control<br />
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Centres, related to the employee’s duties, are the<br />
responsibility <strong>of</strong> the employer.<br />
• Provision must be made for any such calls to be billed<br />
to the respective employer unless other alternative<br />
arrangements are in place.<br />
Clothes Drying<br />
Facilities<br />
• must be provided at all locations.<br />
Iron & Ironing Board • Provided in central location.<br />
Recreational facilities • A full length Pool/Billiards Table (<strong>and</strong> associated<br />
equipment) to be provided in a central location.<br />
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Bathroom <strong>and</strong> Toilet Facilities<br />
It is preferable that ensuite bathroom/toilet facilities<br />
New Barracks<br />
Fire <strong>Safety</strong> Systems<br />
Equipment/Alarms<br />
be provided, however those locations that currently<br />
have communal facilities are acceptable.<br />
Ensuite bathroom/ toilet.<br />
• Lighted mirror in individual room <strong>and</strong> bathroom.<br />
• Sanitary disposal unit.<br />
• Clean towels (bath, h<strong>and</strong> <strong>and</strong> floor mat) <strong>and</strong> fresh<br />
linen are to be supplied for each use.<br />
• All accommodation must comply with the relevant<br />
State Fire Codes for accommodation specific<br />
buildings.<br />
• This includes (but is not limited to) Fire Alarms <strong>and</strong><br />
Smoke Detectors, Sprinkler Systems, Fire Fighting<br />
Equipment, Fire Escapes, Emergency Exits <strong>and</strong><br />
Signage, <strong>and</strong> Evacuation Procedures.<br />
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Minimum st<strong>and</strong>ards – motels / apartments<br />
General St<strong>and</strong>ards • Hotels/Motels must be a minimum 3 1/2 star rating<br />
accredited by NRMA or equivalent.<br />
Cleaning & Privacy<br />
• The accommodation must be in a quiet location.<br />
• Rooms must be acoustically sound to prevent external<br />
noise or noise from adjacent rooms impacting upon<br />
the occupant’s ability to sleep at any time <strong>of</strong> day or<br />
night.<br />
• The accommodation must be within easy walking<br />
distance to the sign on point or transport must be<br />
provided.<br />
• The allocated rooms must be available at all times for<br />
the duration <strong>of</strong> the contract.<br />
• Rooms cleaned <strong>and</strong> serviced after each use.<br />
• Reverse cycle air conditioning with individual<br />
adjustment for each room.<br />
• Hot <strong>and</strong> cold running water.<br />
• Power points (including shaver) to be provided,<br />
including in bathroom.<br />
• Draft excluder for any external doors.<br />
• Window shutters with blinds or drapes (black out<br />
type) to exclude daylight. (Not required if design <strong>of</strong><br />
building removes the ability <strong>of</strong> external light to reach<br />
sleeping area by other means).<br />
• Key security.<br />
• The Management <strong>of</strong> the establishment must ensure<br />
cleaning staff <strong>and</strong> maintenance operations are<br />
precluded from entering any area where train crews<br />
may be sleeping during normal daytime hours.<br />
• This can include (but is not limited to) appropriate<br />
signage, physical barriers, <strong>and</strong>/or nominated “quiet”<br />
areas.<br />
• All members are entitled to partake <strong>of</strong> hot, cooked<br />
meals at any time during their absence from their<br />
homes.<br />
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Meals <strong>and</strong> Cooking<br />
Facilities<br />
• Barracks <strong>and</strong> Hotels / Motels must have 24 hour<br />
cooking facilities.<br />
• Kitchenette type facilities (stove/cooker, griller <strong>and</strong><br />
utensils) are to be available in each room. Rooms<br />
must also have a microwave oven, toaster, tea/c<strong>of</strong>fee<br />
facilities, crockery <strong>and</strong> cutlery.<br />
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Alternative Meal • Where Kitchenette type facilities are not available<br />
Arrangements: (<strong>and</strong> alternative accommodation with these facilities<br />
is not available), the employer is responsible for<br />
organising for the provision <strong>of</strong> cooked meals at times<br />
as required by members during their stays (if required<br />
outside the normal business hours).<br />
• Such meals are to be made available to employees at<br />
a price consistent with the meal allowance being paid<br />
to the employee as part <strong>of</strong> the prevailing industrial<br />
agreement.<br />
• If meals cannot be provided, the employer is<br />
responsible for providing/arranging suitable transport<br />
to enable members to readily access cooked meals at<br />
other suitable locations.<br />
• As an alternative, if the employer can arrange access<br />
to full cooking facilities at either a central location at<br />
the accommodation, or arrange access to the kitchen<br />
at the accommodation, this may be acceptable<br />
following consultation with the RTBU Locomotive<br />
Division (<strong>NSW</strong>) Divisional Office.<br />
Sleeping Quarters<br />
Beds<br />
• Double bed ensemble (long type).<br />
The bed must be no less than King Single size<br />
ensemble.<br />
• Electric Blanket.<br />
• Spare pillow & blanket.<br />
Clothes hanging areas • Wardrobe for hanging clothes.<br />
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Radio Alarm Clock<br />
• Must be in all individual rooms<br />
Only if no other method <strong>of</strong> being called for duty is<br />
available.<br />
• Crew calling facilities. A suitable method for calling<br />
crews at rest (wake up calls) must be provided by the<br />
employer at any location where crews are required to<br />
undertake rest in accordance with relevant Awards/<br />
EA’s/ Rostering Codes<br />
General Amenities<br />
• Fitted carpet to be provided in areas (including<br />
hallways) except wet areas.<br />
• Table <strong>and</strong> chairs in individual rooms.<br />
Refrigerator • In individual rooms.<br />
Colour TV<br />
• In individual rooms.<br />
Direct Dial Telephone • In all individual rooms.<br />
for outgoing calls • Must be available 24 hours a day.<br />
• Phone calls made to legitimate nominated locations/<br />
numbers such as Depots/Trains/Train Control<br />
Centres, related to the employee’s duties, are the<br />
responsibility <strong>of</strong> the employer.<br />
• Provision must be made for any such calls to be<br />
billed to the respective employer unless other<br />
alternative arrangements are in place.<br />
Clothes Drying • must be provided at all locations.<br />
Facilities<br />
Iron & Ironing Board • Preferably in all individual rooms. (If not available<br />
inindividual rooms must be provided in a central<br />
location).<br />
Bathroom <strong>and</strong> Toilet Facilities<br />
• Ensuite bathroom/toilet facilities (separate soap for<br />
the washbasin <strong>and</strong> shower).<br />
Please note: Separate ensuite bathroom/toilet facilities<br />
must be available for each occupied bedroom.<br />
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Serviced Apartments<br />
• Lighted mirror in individual room <strong>and</strong> bathroom.<br />
• Sanitary disposal unit.<br />
• Clean towels (bath, h<strong>and</strong> <strong>and</strong> floor mat) <strong>and</strong> fresh<br />
linen are to be supplied for each use.<br />
Fire <strong>Safety</strong> Systems<br />
Equipment/Alarms<br />
All accommodation must comply with the relevant<br />
State Fire Codes for accommodation specific buildings.<br />
This includes (but is not limited to) Fire Alarms <strong>and</strong><br />
Smoke Detectors, Sprinkler Systems, Fire Fighting<br />
Equipment, Fire Escapes, Emergency Exits <strong>and</strong> Signage,<br />
<strong>and</strong> Evacuation Procedures.<br />
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Accommodation Inspection Checklist –<br />
Existing Barracks<br />
Accommodation Name/ Details:<br />
Address:<br />
Inspecting Officer:<br />
Contact details:<br />
Date <strong>of</strong> Inspection:<br />
Time: Good O.K Below None<br />
General Condition<br />
Facility is structurally sound<br />
Internal walls, floors <strong>and</strong> ceilings are in good repair<br />
Clean <strong>and</strong> tidy condition<br />
Located within quiet area<br />
Located within reasonable distance <strong>of</strong> sign-on or<br />
transport<br />
Cooking & Meal Facilities<br />
Cooking equipment <strong>and</strong> utensils are provided<br />
Cooking equipment is in good working order<br />
Equipment <strong>and</strong> utensils meet requirements<br />
Washing up facilities provided<br />
Utensil storage<br />
Adequate ventilation in cooking area<br />
Sleeping Quarters<br />
Bed in good conditions<br />
Adequate bedding & linen provided<br />
Spare bedding is provided<br />
Electric blanket supplied<br />
Area is Carpeted<br />
Clock radio / alarm supplied<br />
Clothes hanging <strong>and</strong> storage facilities<br />
Bathroom Facilities<br />
Toilet & bathroom, with powerpoints<br />
Mirror supplied<br />
Towels<br />
Hot <strong>and</strong> cold water<br />
General Amenities<br />
Regular cleaning services provided<br />
Good natural lighting<br />
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Contact details:<br />
Date <strong>of</strong> Inspection:<br />
Time: Good O.K Below None<br />
Regular cleaning services provided<br />
Good natural lighting<br />
No direct or reflected glare<br />
Light fittings clean <strong>and</strong> in good condition<br />
Air conditioning<br />
Table <strong>and</strong> chairs<br />
Television<br />
Refrigerator<br />
Direct dial telephone<br />
Ironing facilities<br />
Clothes drying<br />
First Aid<br />
Cabinets <strong>and</strong> contents clean <strong>and</strong> orderly<br />
Easy access to cabinets<br />
First aid cabinet clearly labelled<br />
Emergency numbers displayed<br />
Supply <strong>of</strong> soap <strong>and</strong> towels<br />
Adequate stocks<br />
Fire & <strong>Safety</strong><br />
Extinguishers in place, clearly marked for type <strong>of</strong><br />
fire <strong>and</strong> recently serviced<br />
Adequate direction notices for fire exits<br />
Exit doors easily opened from inside<br />
Exits clear <strong>of</strong> obstructions<br />
Fire alarm system functioning correctly<br />
Fire instructions available <strong>and</strong> displayed<br />
Emergency contact details provided<br />
The above inspection found that the Barracks accommodation:<br />
• Does meet acceptable st<strong>and</strong>ards<br />
• Does Not meet acceptable st<strong>and</strong>ards<br />
Comments / Action Required: _____________________________________________________<br />
________________________________________________________________________________<br />
________________________________________________________________________________<br />
________________________________________________________________________________<br />
________________________________________________________________________________<br />
Date / / Signature <strong>of</strong> Inspecting Officer ___________________________________<br />
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Accommodation Inspection Checklist –<br />
Motel / Apartments<br />
Accommodation Name/ Details:<br />
Address:<br />
Inspecting Officer:<br />
Contact details:<br />
Date <strong>of</strong> Inspection:<br />
Time: Good O.K Below None<br />
General Condition<br />
Minimum 3½ star rating<br />
Facility is structurally sound<br />
Internal walls, floors <strong>and</strong> ceilings are in good repair<br />
Clean <strong>and</strong> tidy condition<br />
Located within quiet area<br />
Located within reasonable distance <strong>of</strong> sign-on or<br />
transport<br />
Cooking & Meal Facilities<br />
Provides cooked meals<br />
Cooking equipment <strong>and</strong> utensils are provided<br />
Cooking equipment is in good working order<br />
Equipment <strong>and</strong> utensils meet acceptable st<strong>and</strong>ards<br />
Washing up facilities provided<br />
Utensil storage<br />
Adequate ventilation in cooking area<br />
Sleeping Quarters<br />
Bed in good conditions<br />
Adequate bedding & linen provided<br />
Spare bedding is provided<br />
Electric blanket supplied<br />
Area is Carpeted<br />
Clock radio / alarm supplied<br />
Clothes hanging <strong>and</strong> storage facilities<br />
Bathroom Facilities<br />
Ensuite toilet & bathroom, with powerpoints<br />
Mirror supplied<br />
Towels <strong>and</strong> toiletries<br />
Hot <strong>and</strong> cold water<br />
General Amenities<br />
Regular cleaning services provided<br />
Good natural lighting<br />
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Time: Good O.K Below None<br />
General Condition<br />
No direct or reflected glare<br />
Light fittings clean <strong>and</strong> in good condition<br />
Air conditioning<br />
Table <strong>and</strong> chairs<br />
Television<br />
Refrigerator<br />
Direct dial telephone<br />
Ironing facilities<br />
Clothes drying<br />
First Aid<br />
First Aid equipment is identified <strong>and</strong> located, <strong>and</strong><br />
includes:<br />
Cabinets <strong>and</strong> contents clean <strong>and</strong> orderly<br />
– Easy access to cabinets<br />
– First aid cabinet clearly labelled<br />
– Emergency numbers displayed<br />
– Supply <strong>of</strong> soap <strong>and</strong> towels<br />
– Adequate stocks<br />
Fire & <strong>Safety</strong><br />
Extinguishers in place, clearly marked for type <strong>of</strong><br />
fire <strong>and</strong> recently serviced<br />
Adequate direction notices for fire exits<br />
Exit doors easily opened from inside<br />
Exits clear <strong>of</strong> obstructions<br />
Fire alarm system functioning correctly<br />
Fire instructions available <strong>and</strong> displayed<br />
Emergency contact details provided<br />
The above inspection found that the Motel / Apartment accommodation:<br />
• Does meet acceptebale st<strong>and</strong>ards<br />
• Does Not meet acceptebale st<strong>and</strong>ards<br />
Comments / Action Required: _____________________________________________________<br />
________________________________________________________________________________<br />
________________________________________________________________________________<br />
________________________________________________________________________________<br />
________________________________________________________________________________<br />
Date / / Signature <strong>of</strong> Inspecting Officer ___________________________________<br />
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RTBU OHS Fact Sheet 5:<br />
Cash H<strong>and</strong>ling, Robbery <strong>and</strong><br />
Violence<br />
Cash H<strong>and</strong>ling – What You Need to Know<br />
Risks with Cash H<strong>and</strong>ling<br />
Any business activity h<strong>and</strong>ling cash <strong>and</strong> valuables, whether large or small, is at<br />
risk from armed robbery. It is essential, therefore that effective systems are in<br />
place to minimise the risk <strong>and</strong> the potential threat to the safety <strong>and</strong> wellbeing<br />
<strong>of</strong> workers <strong>and</strong> members <strong>of</strong> the public.<br />
Delegates <strong>and</strong> OHS representatives should be familiar with the cash h<strong>and</strong>ling <strong>and</strong><br />
violence prevention policies <strong>and</strong> procedures for their workplace. This Factsheet<br />
simply provides general guidance <strong>and</strong> advice that should be supplemented by<br />
the practices <strong>and</strong> procedures <strong>of</strong> the specific workplace.<br />
Who is at Risk?<br />
Employees who h<strong>and</strong>le money or valuables are at risk <strong>of</strong> violence. <strong>Bus</strong>, tram<br />
<strong>and</strong> rail workplaces at risk include buses <strong>and</strong> trams, stations, booking <strong>and</strong> sales<br />
<strong>of</strong>fices, <strong>and</strong> administrative <strong>of</strong>fices.<br />
It’s the Law!<br />
Obligations under <strong>NSW</strong> OHS Act require employers to provide a safe workplace<br />
<strong>and</strong> identify <strong>and</strong> minimize risks. If your workplace h<strong>and</strong>les cash then everyone<br />
in the workplace should be aware <strong>of</strong> the potential for armed robbery <strong>and</strong> take<br />
steps to prevent workplace accidents, injuries <strong>and</strong> illnesses that may result.<br />
Robbery <strong>and</strong> assault are deemed as serious incidents <strong>and</strong> must be<br />
immediately reported to WorkCover through their serious incident reporting<br />
hotline: 13 10 50.<br />
For more information on reporting serious injuries see the Fact Sheets on<br />
Accident <strong>and</strong> Injury Notification.<br />
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Training <strong>and</strong> Supervision<br />
All staff must receive training on health <strong>and</strong> safety procedures. It is also<br />
important to train staff on how to behave during <strong>and</strong> after a robbery or a<br />
violent incident. Providing training on what to expect <strong>and</strong> how to act during<br />
<strong>and</strong> after a violent incident or robbery can significantly reduce the effects <strong>of</strong><br />
post-traumatic stress.<br />
Exactly what is included in the training program will depend on the types<br />
<strong>of</strong> safety procedures <strong>and</strong> equipment that exist in a particular work location.<br />
However, the following ideas may help you know what to tell your members.<br />
• How to be alert <strong>and</strong> identify possible suspicious behaviour<br />
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• Cash h<strong>and</strong>ling procedures<br />
• Emergency procedures<br />
• How to make sure empoyee vision is not blocked<br />
• What to do during an incident<br />
• What to do after an incident, including who to contact<br />
• How to use security devices<br />
• Confidentiality – not telling anybody about how much money is kept on the<br />
premises, bus or tram.<br />
New staff should be trained prior to commencing duty. Existing staff should be<br />
given training straight away if they have not yet received it. Refresher training<br />
should be provided regularly or when there are changes to procedures.<br />
What to do after a robbery or violent incident<br />
After a robbery or a violent incident, employers <strong>and</strong> the person in charge at the<br />
time <strong>of</strong> the incident should follow a number <strong>of</strong> steps to help them deal with the<br />
situation.<br />
Person in charge at the time <strong>of</strong> the incident<br />
− Make sure that victims receive prompt medical attention if injured<br />
− Notify emergency services: Police, Ambulance. (See ‘reporting a crime’,<br />
below)<br />
− Notify your employer – if they are not on site<br />
− Prepare an incident report mentioning time <strong>and</strong> details<br />
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Please note that each workplace has its own policies <strong>and</strong> procedures for cash<br />
h<strong>and</strong>ling, <strong>and</strong> for preventing <strong>and</strong> reporting workplace violence. See, for example,<br />
State Transit Authority <strong>Bus</strong> Operators H<strong>and</strong>book, or <strong>Rail</strong>Corp Policies <strong>and</strong><br />
Procedures for details <strong>of</strong> specific procedures.<br />
<strong>Bus</strong> operators, for example, should complete a Transport <strong>Safety</strong> Incident<br />
Report (TSIR – Form 058) whenever an incident occurs that threatens safety,<br />
or whenever anti-social behaviour is witnessed. These do not, however, replace<br />
or substitute for an injury report or notification to police.<br />
Employee on duty at the time <strong>of</strong> the incident<br />
Make sure you receive prompt medical attention if injured. Notify a supervisor<br />
or co-worker<br />
• Check to see if you are suffering the symptoms <strong>of</strong> postraumatic stress. These<br />
include increased heart rate, insomnia, muscle tension, hypersensitivity, fear<br />
<strong>of</strong> returning to work, depression, grief, guilt <strong>and</strong> anxiety<br />
• Notify emergency services: Police, Ambulance. (See ‘reporting a crime’,<br />
below)<br />
• Notify your supervisor; or employer if they are not on site<br />
• Write down the time <strong>and</strong> details<br />
• Notify your employers’ insurer (see making a workers compensation claim<br />
below)<br />
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Post Incident checklist<br />
After a robbery or violent incident victims, employers <strong>and</strong> the person in charge<br />
at the time <strong>of</strong> the incident should follow a number <strong>of</strong> steps to help them deal<br />
with the situation<br />
Employers Yes No<br />
Notify the Police<br />
Arrange counselling for the victim(s) suffering post traumatic stress<br />
Notify WorkCover immediately whether a physical injury occurs<br />
or not<br />
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In the event <strong>of</strong> an injury, provide workers compensation insurance<br />
details to the injured employee<br />
Person in charge at the time <strong>of</strong> the incident<br />
Make sure that victims receive prompt medical attention if injured<br />
Notify emergency services: Police, Ambulance<br />
Notify your employer – if they are not on site<br />
Prepare an incident report mentioning time <strong>and</strong> details<br />
Employees on duty at the time <strong>of</strong> the incident<br />
Make sure you receive prompt medical attention if injured.<br />
Notify a supervisor or co-worker<br />
Notify emergency services: Police, Ambulance<br />
Notify your supervisor; or employer if they are not on site<br />
Write down the time <strong>and</strong> details<br />
Notify your employers’ insurer<br />
Reporting a crime<br />
To report a crime such as robbery in <strong>NSW</strong>:<br />
1. In a life threatening or time critical emergency, call 000.<br />
2. For non-urgent crime, phone the Police Assistance Line on 131 444. They<br />
will take a police report <strong>and</strong> if necessary, arrange for police to attend.<br />
3. You can visit your local Police Station to report a crime.<br />
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Making a workers compensation claim<br />
If you are injured, physically or psychologically, during a robbery then you may<br />
be eligible for workers compensation. To make a workers compensation claim<br />
take the following steps:<br />
1. Give notice <strong>of</strong> the injury as soon as possible to the employer, or anyone<br />
designated by the employer, such as a supervisor or a manager. This can be<br />
in writing or verbally. It MUST be given before an injured worker leaves or<br />
resigns from their job.<br />
2. Advise your union representative.<br />
3. Record the injury in the Workplace Injury Register.<br />
4. Make an appointment to see your treating doctor. You will need to notify<br />
the doctor that it is a ‘long’ or ‘double consultation’ when you make the<br />
appointment to ensure the appropriate consultation time is available.<br />
Remember, your doctor’s first priority is your health so they will be<br />
supportive.<br />
5. Fill in all necessary paperwork <strong>and</strong> claim forms. KEEP A COPY OF<br />
EVERYTHING.<br />
6. If treatment is needed then get a WorkCover medical certificate. Comply<br />
with your Return to Work plan.<br />
7. You must co-operate with the insurer <strong>and</strong> attend (if necessary) a medical<br />
examination with a medical practitioner arranged <strong>and</strong> paid for by the<br />
employer in reasonable time. You have the right to choose your own<br />
doctor.<br />
8. You must notify the insurer <strong>of</strong> your nominated treating doctor (the doctor<br />
<strong>of</strong> your choice), <strong>and</strong> also provide up to date WorkCover medical certificates<br />
to the insurance company.<br />
If, after following all <strong>of</strong> these procedures you are still having difficulty in lodging<br />
a Workers Compensation claim, then contact your <strong>Union</strong> for assistance.<br />
See also Fact Sheets on Workers Compensation <strong>and</strong> Accident <strong>and</strong> Injury<br />
Notification for further information.<br />
Being Prepared<br />
There are a number <strong>of</strong> ways to reduce the risk <strong>of</strong> robberies <strong>and</strong> workplace<br />
violence. The methods available fall into three categories:<br />
• Safer working practices<br />
• Physical options<br />
• Electronic security<br />
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Safer Working Practices<br />
• Be alert – keep an eye on people in the work area<br />
• Make sure you have safety, security <strong>and</strong> emergency procedures<br />
• Train your staff <strong>and</strong> make sure they know <strong>and</strong> follow safety procedures<br />
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• Minimise cash – only keep a small amount <strong>of</strong> money in the cash register or<br />
cash tray<br />
• Where possible, bank regularly – keep a minimum amount <strong>of</strong> money on the<br />
premises or the bus or tram<br />
• <strong>Bus</strong> operators should keep cash notes out <strong>of</strong> view, <strong>and</strong> pay in cash collected<br />
at end <strong>of</strong> shift<br />
• Restrict access to cash h<strong>and</strong>ling areas for authorized personnel<br />
• Keep safes <strong>and</strong> drop boxes locked, don’t leave the keys in sight<br />
• Have your cash collected or do your banking at different times <strong>of</strong> the day<br />
• If money counters are not functioning, <strong>Bus</strong> Operators should place cash,<br />
with pay in slip, in a pay bag <strong>and</strong> deposit in drop safe.<br />
• Keep doors locked before <strong>and</strong> after business hours <strong>and</strong>, if possible, when<br />
counting cash<br />
• Don’t tell people how much cash you keep on the premises, bus or tram.<br />
Physical Options<br />
• Position the cash h<strong>and</strong>ling areas away from entries <strong>and</strong> exits<br />
• Separate the cash h<strong>and</strong>ling area from the general workplace<br />
• Make sure staff can see in <strong>and</strong> out <strong>of</strong> the work area or booking <strong>of</strong>fice (remove<br />
posters from windows)<br />
• Mirrors can be used to help staff see the whole work area, however, make<br />
sure that the mirrors do not allow potential <strong>of</strong>fenders to see the cash area<br />
• Lighting can make the target highly visible <strong>and</strong> increase the chances <strong>of</strong><br />
<strong>of</strong>fender identification<br />
• Remove signs or obstructions that may block your vision <strong>of</strong> the cash h<strong>and</strong>ling<br />
area<br />
• Install counters with an elevated place for the cash register<br />
• Have anti jump barriers fitted in front <strong>of</strong> cash h<strong>and</strong>ling devices<br />
• Have a mini safe/drop box, cash box, strong room or other safety box fitted<br />
<strong>and</strong> make sure it’s out <strong>of</strong> public sight<br />
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• Fit bullet resistant barriers or ascending ballistic screens to the cash h<strong>and</strong>ling<br />
areas<br />
• Block all alternative accesses to building (without blocking <strong>of</strong>f a fire exit)<br />
• Have time delay locks fitted to all compartments <strong>and</strong> counter safes<br />
• Use security guards or other security guarding devices<br />
• Display ‘emergency numbers’ in a prominent position for staff<br />
• Make sure you have a first aid kit available to all staff<br />
• Place a coloured height chart next to the entrance <strong>of</strong> the work area<br />
Electronic Security<br />
• Closed Circuit Television (CCTV)<br />
• Digital Camera Surveillance <strong>and</strong> Recording<br />
• Still 35mm cameras mounted in predominant positions<br />
• Hold-up alarms fitted in all workplaces, centrally monitored <strong>and</strong> silent in<br />
operation<br />
• 24 hour perimeter alarm system<br />
• Camera <strong>and</strong> alarm activation points in frequently used positions<br />
• Note clip activators<br />
• Ro<strong>of</strong> cavity protection<br />
• Mobile <strong>and</strong> fixed duress alarms<br />
• Cash dye bombs<br />
• Door alarms – to alert staff that someone is entering the premises<br />
Monitoring <strong>and</strong> Review<br />
It is important to monitor <strong>and</strong> review your security devices <strong>and</strong> safety procedures<br />
regularly. This should occur because the workplace can change <strong>and</strong> the devices<br />
can become ineffective.<br />
Employees should be trained <strong>and</strong> know the safety procedures, know how to use<br />
any security devices that have been provided in their work area. To make sure<br />
that these strategies work well they should be reviewed:<br />
• A regular basis, at least annually<br />
• After an incident has occurred<br />
• If the workplace is relocated, refurbished or renovated<br />
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Cash H<strong>and</strong>ling Risk Assessment Checklist<br />
Check these hazards against common factors that might increase the risk <strong>of</strong><br />
robbery <strong>and</strong> violence using the checklist.<br />
Five-point Checklist<br />
Yes/No<br />
1. Do you have any form <strong>of</strong> security system (e.g. electronic sensors,<br />
CCTV)?<br />
Is it advertised to customers?<br />
Is it working effectively?<br />
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2. Is there a clear view <strong>of</strong> the service area <strong>and</strong> cash register from<br />
outside that is not obstructed by signs or window displays?<br />
3. Do you have alarms <strong>and</strong> back up staff procedures for staff working<br />
alone in work areas h<strong>and</strong>ling cash?<br />
4. Do you minimise cash levels <strong>and</strong> have procedures to manage <strong>and</strong><br />
bank cash?<br />
5. Have you or your employees been trained to detect warning signs<br />
<strong>of</strong> violence or robbery <strong>and</strong> how to react if there is an incident?<br />
If you answered NO to any <strong>of</strong> the above questions then you may need to review<br />
security procedures in your workplace. Consult the accompanying fact Sheet<br />
for tips on how to minimise the risks associated with cash h<strong>and</strong>ling.<br />
Robbery Prevention Checklist<br />
These steps can help to minimise the risk <strong>of</strong> violence or robbery. Do You:<br />
• Greet everyone who enters the work area, bus or tram. Be friendly <strong>and</strong> look<br />
briefly into their eyes.<br />
• Move away from the sales counter when there are no customers. Since<br />
robbers prefer to enter <strong>and</strong> leave the store quickly, if the staff are not near<br />
the counter, the business may be a less attractive target.<br />
• Keep the number <strong>of</strong> signs <strong>and</strong> counter-top displays to a minimum. Good<br />
visibility around the counter <strong>and</strong> from the outside will help deter thefts.<br />
• If someone suspicious is st<strong>and</strong>ing in line, ask the person ahead <strong>of</strong> them “are<br />
you together?” The person ahead will usually turn around <strong>and</strong> look at the<br />
other person.<br />
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• Wear conservative clothes (such as your uniform).<br />
• Look for anyone who appears to be loitering in or around the store. If they<br />
do not leave, call the police <strong>and</strong> ask for a patrol to check.<br />
• Hire extra staff or security personnel for tasks that are assessed to be <strong>of</strong><br />
higher risk.<br />
• Consider closing during high-risk hours (late at night, early in the<br />
morning).<br />
Avoid<br />
• Carrying weapons <strong>of</strong> any type. Weapons can easily be used against you <strong>and</strong><br />
are illegal in some jurisdictions.<br />
• Staring at a person. Prolonged eye contact may be perceived as a challenge<br />
or threat.<br />
• Wearing jewellery that could be a strangulation or theft hazard.<br />
• Carrying cash while on duty.<br />
More Information<br />
This Fact Sheet is recommended as a guide only <strong>and</strong> is not a substitute for<br />
pr<strong>of</strong>essional or legal advice, or in place <strong>of</strong> particular policies <strong>and</strong> procedures.<br />
If you need clarification or further advice please consult your <strong>Union</strong> for further<br />
information.<br />
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Cash H<strong>and</strong>ling, Robbery <strong>and</strong> Violence Checklist<br />
Work Design <strong>and</strong> Layout<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Checklist Yes No<br />
Is there good visibility in the work area. Are you able to see out <strong>of</strong> the<br />
work area clearly, <strong>and</strong> can passers-by see in?<br />
Are counters designed high <strong>and</strong> deep enough to provide some physical<br />
distance from the robber <strong>and</strong> protection for the employee (while still<br />
being able to serve the customer).<br />
Is cash stored in a location where it is clearly visible to people inside<br />
<strong>and</strong> outside the work area?<br />
Are shelves low for good visibility inside the work area?.<br />
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Are all areas - inside <strong>and</strong> outside - well lit. Is lighting checked regularly<br />
<strong>and</strong> before it gets dark?<br />
Are delivery doors locked when not in use (but be sure you are not<br />
violating local fire code regulations when doing so)?<br />
Are security systems such as video surveillance cameras, mirrors,<br />
height markers, observation windows, etc. used <strong>and</strong> in good working<br />
order?<br />
Is the fact that security systems <strong>and</strong> measures are used prominently<br />
advertised in the work area?.<br />
Is it appropriate to consider the use <strong>of</strong> protective shielding or barriers?<br />
Are back entrances or authorised entry to let people in.<br />
Do employees have to leave the work area by walking into poorly lit,<br />
unobserved areas.<br />
Cash H<strong>and</strong>ling<br />
Is a cash control policy <strong>and</strong> procedures in effect.?<br />
Have employees been instructed in cash h<strong>and</strong>ling procedures?<br />
Is a minimum amount <strong>of</strong> cash kept on the premises, bus or tram?<br />
Is the use <strong>of</strong> electronic payments such as credit or debit cards<br />
encouraged where appropriate?.<br />
Are the times <strong>of</strong> day that you empty the cash from machines, <strong>and</strong><br />
transport <strong>of</strong> cash varied?.<br />
Are all large bills ($50 or $100) removed as soon as you receive them?<br />
Has your work area Installed <strong>and</strong> use a locked drop safe or other<br />
secure cash holding <strong>and</strong> storage measure?.<br />
Are visible signs posted to let customers <strong>and</strong> members <strong>of</strong> the public<br />
know that minimum cash is kept on the premises?<br />
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Safer Work Practices<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Checklist Yes No<br />
Does your workplace have safety, security <strong>and</strong> emergency procedures?<br />
Are staff trained <strong>and</strong> know <strong>and</strong> follow safety procedures?<br />
Is banking done regularly, <strong>and</strong> a minimum amount <strong>of</strong> money kept on<br />
the premises, bus or tram?<br />
Is access to cash h<strong>and</strong>ling areas restricted?<br />
Are safes <strong>and</strong> drop boxes kept locked, <strong>and</strong> the keys kept in a secure<br />
location?<br />
Is cash collected <strong>and</strong> banking conducted at different times <strong>of</strong> the day?<br />
Are doors kept locked before <strong>and</strong> after business hours <strong>and</strong>, if possible,<br />
when counting cash?<br />
Physical Options<br />
Are the cash h<strong>and</strong>ling areas located away from entries <strong>and</strong> exits?<br />
Is the cash h<strong>and</strong>ling area separated from the general workplace?<br />
Can staff can see in <strong>and</strong> out <strong>of</strong> the cash area (remove posters or other<br />
obstructions from windows)?<br />
Are mirrors used to help staff see the whole work area <strong>and</strong> surrounds<br />
<strong>of</strong> the cash area?<br />
Is there adequate lighting that can make the target highly visible <strong>and</strong><br />
increase the chances <strong>of</strong> <strong>of</strong>fender identification?<br />
Do signs or other equipment block vision in cash h<strong>and</strong>ling areas <strong>of</strong> the<br />
workplace?<br />
Have anti jump barriers been fitted in front <strong>of</strong> cash h<strong>and</strong>ling devices?<br />
Has a mini safe/drop box, strong room or other safety box been fitted<br />
<strong>and</strong> out <strong>of</strong> public sight?<br />
Have bullet resistant barriers or ascending ballistic screens been fitted,<br />
where appropriate, to the cash h<strong>and</strong>ling areas?<br />
Are all alternative accesses to building blocked (without blocking <strong>of</strong>f a<br />
fire exit)?<br />
Have time delay locks been fitted to all compartments <strong>and</strong> counter<br />
safes?<br />
Are security guards or other security guarding devices used in the work<br />
area?<br />
Are emergency numbers’ displayed in a prominent position for staff?<br />
Does the work area have a first aid kit available to all staff?<br />
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Electronic Security<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Checklist Yes No<br />
Is Closed Circuit Television (CCTV) installed <strong>and</strong> maintained?<br />
Is Digital Camera Surveillance <strong>and</strong> Recording installed?<br />
Are surveillance cameras mounted in predominant positions?<br />
Are hold-up alarms fitted in all workplaces, centrally monitored <strong>and</strong><br />
silent in operation?<br />
Is there a 24 hour perimeter alarm system?<br />
Are there camera <strong>and</strong> alarm activation points in frequently used<br />
positions?<br />
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Is ro<strong>of</strong> cavity protection installed?<br />
Are mobile <strong>and</strong> fixed duress alarms in use?<br />
Are cash dye bombs in use?<br />
Are door alarms fitted – to alert staff that someone is entering the<br />
premises unauthorized?<br />
What needs to be done?<br />
(a) To establish appropriate workplace robbery <strong>and</strong> violence programs?<br />
(b) To improve robbery <strong>and</strong> violence programs in your workplace?<br />
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RTBU OHS Fact Sheet 6:<br />
Drug <strong>and</strong> Alcohol Testing<br />
Guidelines relating to drug <strong>and</strong> alcohol<br />
programs<br />
Individual employees are under an obligation to take reasonable care for the<br />
health, safety <strong>and</strong> welfare <strong>of</strong> others <strong>and</strong> to cooperate with employers in their<br />
efforts to comply with the requirements <strong>of</strong> the <strong>Rail</strong> <strong>Safety</strong> Act 2002 <strong>and</strong> the<br />
relevant occupational health <strong>and</strong> safety requirements. Accredited operators are<br />
responsible for ensuring that risks to health <strong>and</strong> safety in the workplace are<br />
identified <strong>and</strong> assessed, then eliminated or controlled. These risks include those<br />
posed by the use <strong>of</strong> alcohol or other drugs.<br />
The Guidelines promote a consistent approach across the rail sector to<br />
managing the risks posed by drug <strong>and</strong> alcohol use. The Guidelines set out the<br />
principles governing operator policies <strong>and</strong> the approaches needed to manage<br />
this lifestyle-related problem. The Guidelines state the context in which drug &<br />
alcohol testing will take place but do not prescribe the basis <strong>of</strong> that testing or<br />
how it is to be administered. The systems an operator needs to implement the<br />
Guidelines should correlate to its size <strong>and</strong> resources.<br />
Elements <strong>of</strong> a drug <strong>and</strong> alcohol program<br />
Operators, members <strong>of</strong> the public <strong>and</strong> railway employees need to have confidence<br />
that the safety hazards posed by alcohol <strong>and</strong> other drugs are being monitored<br />
<strong>and</strong> controlled in an ongoing <strong>and</strong> rigorous fashion.<br />
The systems used to implement an operator’s drug <strong>and</strong> alcohol program must<br />
embody risk management principles <strong>and</strong> may take account <strong>of</strong> the principles<br />
contained in:<br />
• AS/NZS4804: 2001, Occupational health <strong>and</strong> management safety systems<br />
– General guidelines on principles, systems <strong>and</strong> supporting techniques, as<br />
amended from time to time,<br />
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• AS/NZS4801: 2001, Occupational health <strong>and</strong> safety management systems<br />
– Specification with guidance for use, as amended from time to time,<br />
• AS/NZS4360: 1999, the Australian Risk Management St<strong>and</strong>ard,as amended<br />
from time to time, Another equivalent St<strong>and</strong>ard, as amended from time to<br />
time.<br />
Programs developed by operators to manage alcohol <strong>and</strong> other drugs are to be<br />
based on the following principles:<br />
(a) Alcohol <strong>and</strong> other drug problems are to be dealt with as health <strong>and</strong> lifestyle<br />
problems, with an emphasis on education <strong>and</strong> rehabilitation in so far as it<br />
is consistent with the requirements <strong>of</strong> safety,<br />
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(b) <strong>Rail</strong>way employees <strong>and</strong> their representatives are to be consulted at all stages<br />
<strong>of</strong> program development <strong>and</strong> implementation,<br />
(c) Operators must inform all railway employees <strong>of</strong> their responsibilities in<br />
relation to the consumption or use <strong>of</strong> alcohol or other drugs which may<br />
adversely affect work performance or conduct,<br />
(d) Operators must provide practical guidelines <strong>and</strong> training to managers <strong>and</strong><br />
supervisors for dealing with railway employees whose work performance<br />
or conduct is adversely affected by alcohol or other dsanctions,<br />
(e) <strong>Rail</strong>way employees <strong>and</strong> their representatives must comply with all<br />
employer directives applicable to alcohol <strong>and</strong> other drugs in the workplace<br />
<strong>and</strong> cooperate fully with employers to prevent incidents arising from the<br />
consumption or use <strong>of</strong> alcohol or other drugs,<br />
(f) <strong>Rail</strong>way employees who attend treatment or rehabilitation may have access<br />
to accrued annual leave, sick leave or leave without pay,<br />
(b) Personal information received from railway employees during counselling<br />
treatment or rehabilitation is to be treated in strict confidence,<br />
(a) Policies <strong>and</strong> programs developed by operators should be tailored to<br />
address their operational circumstances. The level <strong>of</strong> detail in a policy<br />
<strong>and</strong> program will reflect the size <strong>of</strong> the employer’s operations,<br />
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Operator programs<br />
Operators must take the following matters into account when preparing <strong>and</strong><br />
implementing an alcohol <strong>and</strong> other drug program:<br />
(b) Taking measures to achieve a workplace culture that supports fitness for<br />
work,<br />
(c) Reducing the effects in the workplace <strong>of</strong> the consumption or use <strong>of</strong> alcohol<br />
<strong>and</strong> other drugs including risks to safety <strong>and</strong> absenteeism,<br />
(c) Informing railway employees <strong>of</strong> the potential work related problems that<br />
may arise from the consumption or use <strong>of</strong> alcohol <strong>and</strong> other drugs <strong>and</strong> <strong>of</strong><br />
their responsibilities in relation to safety, conduct <strong>and</strong> performance,<br />
(d) Establishing a system to maintain the confidentiality <strong>of</strong> all information<br />
communicated to them concerning alcohol <strong>and</strong> drug related problems,<br />
(e) Providing information to railway employees about referral to counselling,<br />
treatment <strong>and</strong> rehabilitation services where this is appropriate.<br />
Responsibilities to be required <strong>of</strong> railway employees by operators<br />
The training <strong>and</strong> assessment component <strong>of</strong> an operator’s program shall involve<br />
the operator making railway employees aware <strong>of</strong> their responsibility for:<br />
(a) Ensuring that they do not, by the consumption <strong>of</strong> alcohol <strong>and</strong> other drugs,<br />
endanger their own safety or the safety <strong>of</strong> any other person in the workplace<br />
or a member <strong>of</strong> the public,<br />
(b) Attending <strong>and</strong> resuming work not under the influence <strong>of</strong> alcohol or other<br />
drugs,<br />
(c) Notifying their manager or supervisor if they are aware that their work<br />
performance or conduct could be adversely affected or if there is a risk to<br />
the safety <strong>of</strong> themselves or other persons as a result <strong>of</strong> a prescribed or nonprescribed<br />
drug,<br />
(d) Consulting with their manager, supervisor, union or occupational health <strong>and</strong><br />
safety representative if they are concerned about other railway employees<br />
because <strong>of</strong> a perceived safety risk,<br />
(a) Following the operator’s directives <strong>and</strong> rules applicable to alcohol <strong>and</strong> drugs<br />
in the workplace <strong>and</strong> also in respect <strong>of</strong> rehabilitation programs endorsed by<br />
the operator.<br />
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Elements <strong>of</strong> an alcohol <strong>and</strong> other drug program<br />
As a minimum, the program shall consist <strong>of</strong> the following elements: An alcohol<br />
<strong>and</strong> other drug policy<br />
A policy that outlines the operator’s aims in relation to alcohol <strong>and</strong> other drug<br />
use with the objectives linked to the reduction <strong>of</strong> hazards <strong>and</strong> risks associated<br />
with alcohol <strong>and</strong> other drug use. The policy may also detail the ‘supporting<br />
measures’ including strategies <strong>and</strong> action plans to meet the objectives.<br />
‘Supporting measures’<br />
The ‘supporting measures’ for an alcohol <strong>and</strong> other drugs program shall include<br />
information <strong>and</strong> procedures on the:<br />
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(a) Measures to reduce alcohol <strong>and</strong> other drug related problems in the<br />
workplace through proper personnel management, good employment<br />
practices, improved working conditions <strong>and</strong> the proper arrangement <strong>of</strong><br />
work,<br />
(b) Measures to prohibit or restrict the availability <strong>of</strong> alcohol <strong>and</strong> other drugs<br />
in the workplace,<br />
(c) Prevention <strong>of</strong> alcohol <strong>and</strong> other drug related problems in the workplace<br />
through information, education, training <strong>and</strong> other means.<br />
Guideline 6.1 contains some matters that the program should include,<br />
(d) Identification, assessment <strong>and</strong> referral <strong>of</strong> those who have alcohol or other<br />
drug related problems, (e) Measures relating to intervention <strong>and</strong> the<br />
treatment <strong>and</strong> rehabilitation <strong>of</strong> individuals with alcohol or other drug<br />
related problems, (f) Rules governing conduct in the workplace relating to<br />
alcohol <strong>and</strong> other drugs, the violation <strong>of</strong> which could result in the invoking<br />
<strong>of</strong> disciplinary <strong>and</strong> or criminal proceedings.<br />
Alcohol <strong>and</strong> other drug testing<br />
An operator shall satisfy itself that it has adequate arrangements in place for<br />
the testing <strong>of</strong> the railway employees under its control.<br />
The pro-active management <strong>of</strong> risk may involve the targeted or r<strong>and</strong>om testing<br />
<strong>of</strong> railway employees. Whenever targeted or r<strong>and</strong>om testing is implemented,<br />
the operator’s program shall require that:<br />
(a) Targeted testing be conducted in a manner that maximises its effectiveness<br />
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as a control for the risks posed by the consumption <strong>of</strong> alcohol or drugs,<br />
(b) R<strong>and</strong>om testing be conducted in a manner that maximises its effectiveness<br />
as a control for the risks posed by the consumption <strong>of</strong> alcohol or drugs.<br />
Measures to achieve this end may include,<br />
(i) The conduct <strong>of</strong> r<strong>and</strong>om tests on a pre <strong>and</strong> post sign-on basis for all<br />
persons engaged in railway safety work without the giving <strong>of</strong> prior<br />
notification for such testing,<br />
(ii) The conduct <strong>of</strong> r<strong>and</strong>om tests according to the provisions <strong>of</strong> the <strong>Rail</strong><br />
<strong>Safety</strong> (Drug <strong>and</strong> Alcohol Testing) Regulation 2003 or the provisions<br />
<strong>of</strong> a registered industrial agreement,<br />
(iii) Administering <strong>of</strong> r<strong>and</strong>om urine tests to accordingAS/NZS4308:2001:<br />
Procedures for the collection, detection <strong>and</strong> quantitation <strong>of</strong> drugs<br />
<strong>of</strong> abuse in urine. The Australian St<strong>and</strong>ard sets out the procedures<br />
for the sample collection <strong>and</strong> detection <strong>and</strong> quantitation <strong>of</strong> drugs<br />
<strong>of</strong> abuse in human urine. The method may be used for workplace<br />
detection <strong>of</strong> any or all <strong>of</strong> the following classes <strong>of</strong> drugs: opiates,<br />
sympathomimetic amines, cannabis metabolites, cocaine metabolites<br />
or benzodiazepines,<br />
(c) Periodic assessments by an operator <strong>of</strong> the effectiveness <strong>of</strong> its drug <strong>and</strong><br />
alcohol testing according to accepted risk management principles.<br />
Disciplinary action, fair procedures, education <strong>and</strong> assistance<br />
An alcohol <strong>and</strong> other drug program must clearly set out the:<br />
(a) Sanctions applicable in the event <strong>of</strong> breaches <strong>of</strong> its requirements. This<br />
would include sanctions consequent upon a first breach <strong>of</strong> the program or<br />
where a railway employee refuses or fails to fully comply with the terms <strong>of</strong><br />
a rehabilitation program agreed with the operator,<br />
(b) Rules governing the application <strong>of</strong> the sanctions, including rievance<br />
resolution <strong>and</strong> appeal mechanisms,<br />
(c) Protocols for fair procedures agreed with railway employees <strong>and</strong> their<br />
representatives,<br />
(d) Education <strong>and</strong> assistance available to a railway employee who self identifies<br />
as someone whose consumption <strong>of</strong> alcohol or other drugs could impair his<br />
or her ability to safely undertake railway safety work,<br />
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(e) Protocols for fair procedures, education <strong>and</strong> assistance available to a railway<br />
employee who tests positive for the presence <strong>of</strong> a drug where:<br />
(i)<br />
(ii)<br />
The drug has been prescribed by a medical practitioner for the<br />
person or purchased by the person in respect <strong>of</strong> an identified medical<br />
condition, <strong>and</strong><br />
The person has taken the medication according to the instructions <strong>of</strong><br />
the medical practitioner or the instructions given on the label <strong>of</strong> the<br />
medication, <strong>and</strong><br />
(iii) The person taking the medication gave full <strong>and</strong> timely warning to his<br />
or her supervisor <strong>of</strong> this, <strong>and</strong> (iv) The person was rostered for duty<br />
when testing took place.<br />
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See Nation al Medical St<strong>and</strong>ards guidelines for sources <strong>of</strong> information/<br />
additional reading<br />
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OHS Drug & Alcohol Checklist<br />
<strong>Safety</strong>, Health <strong>and</strong> Environmental Checklist Yes No<br />
Are there risks from drug <strong>and</strong> alcohol from clients, public or colleagues<br />
at your workplace?<br />
Is there a drug <strong>and</strong> alcohol policy in your workplace?<br />
Does the workplace regularly monitor <strong>and</strong> control drug <strong>and</strong> alcohol<br />
risks?<br />
Is there a workplace drug <strong>and</strong> alcohol program in place?<br />
Does your workplace provide regular drug <strong>and</strong> alcohol information<br />
<strong>and</strong>/or training programs?<br />
Is a drug <strong>and</strong> alcohol rehabilitation program in place?<br />
Are employees <strong>and</strong> their representatives consulted on the drug <strong>and</strong><br />
alcohol program implementation?<br />
Are communications with employees maintained confidentially in<br />
relation to drug <strong>and</strong> alcohol related problems?<br />
Are employees trained <strong>and</strong> assessed in relation to their responsibilities<br />
relating to consumption <strong>of</strong> drugs or alcohol?<br />
Are there appropriate measures in place to reduce drug <strong>and</strong> alcohol<br />
related problems in the workplace?<br />
Does the workplace provide adequate drug <strong>and</strong> alcohol testing?<br />
Are procedures <strong>and</strong> protocols for identifying <strong>and</strong> sanctioning<br />
employees who test positive fair?<br />
Are employees clearly informed <strong>of</strong> sanctions <strong>and</strong> support measures in<br />
relation to drug <strong>and</strong> alcohol breaches?<br />
Are disciplinary, sanctions <strong>and</strong> rehabilitation measures regularly<br />
monitored <strong>and</strong> reviewed?<br />
What needs to be done?<br />
(a) To establish appropriate workplace drug <strong>and</strong> alcohol programs?<br />
(b) To improve drug <strong>and</strong> alcohol programs in your workplace?<br />
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RTBU OHS Fact Sheet 7:<br />
Fatigue Management<br />
Guidelines relating to the management<br />
<strong>of</strong> fatigue<br />
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Fatigue has been recognised as a hazard in the transportation industry for<br />
many years. Much research has gone into examining how operators can<br />
manage fatigue. A number <strong>of</strong> factors have been identified as contributors to<br />
the condition. But the management <strong>of</strong> fatigue is not an exact science <strong>and</strong> the<br />
impact <strong>of</strong> fatigue factors will vary from person to person. The Guidelines have<br />
been drafted with this in mind. Operators fully complying with the OH&S<br />
legislation would already be taking steps to manage workplace fatigue, but<br />
the <strong>Rail</strong> <strong>Safety</strong> Act 2002 (‘the Act’) imposes additional requirements because<br />
<strong>of</strong> the potential impacts fatigue could have on passengers <strong>and</strong> members <strong>of</strong> the<br />
public.<br />
Penalties Section 43 <strong>and</strong> Schedule 2 <strong>of</strong> the Act accordingly impose a substantial<br />
duty on operators to manage workplace fatigue. Substantial penalties apply<br />
for those not complying with the provisions <strong>of</strong> the Act or the Guidelines, up<br />
to $28,000 for a corporation <strong>and</strong> $5,500 for individuals, as well as penalties<br />
under an operator’s accreditation.<br />
Statements <strong>of</strong> principle<br />
Operators <strong>and</strong> railway employees must have a flexible approach in developing<br />
<strong>and</strong> managing programs that will:<br />
(a) Take ongoing advantage <strong>of</strong> new developments in research <strong>and</strong> technology,<br />
(b) Consider the needs <strong>of</strong> railway employees,<br />
(c) Consider the needs <strong>of</strong> operators,<br />
(d) Be implemented over a wide range <strong>of</strong> operating conditions.<br />
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Operators have a responsibility to establish <strong>and</strong> maintain working conditions<br />
that allow:<br />
(a) <strong>Rail</strong>way employees sufficient opportunity to obtain adequate rest between<br />
shifts, <strong>and</strong><br />
(b) Alertness to be sustained throughout their period <strong>of</strong> duty.<br />
Operators must place a duty on railway employees to report for work rested<br />
<strong>and</strong> fit for duty.<br />
Fatigue management programs<br />
Fatigue management programs should aim to achieve the following:<br />
(a) Reduce fatigue <strong>and</strong> improve the on-duty alertness <strong>of</strong> railway employees,<br />
<strong>and</strong><br />
(b) Reflect the nature <strong>of</strong> the operations conducted by the operator including<br />
operating conditions.<br />
Operators shall ensure that railway employees <strong>and</strong> their designated<br />
representatives are consulted in the development <strong>and</strong> implementation <strong>of</strong> fatigue<br />
management programs, including the making <strong>of</strong> changes to such programs.<br />
Fatigue management programs shall consider, but not be limited to, the<br />
following:<br />
(a) The risks associated with the particular form <strong>of</strong> railway safety work,<br />
(b) <strong>Rail</strong>way employee work scheduling practices, including relief arrangements<br />
to cover absences,<br />
(c) Physiological factors <strong>of</strong> railway employees,<br />
(d) Education <strong>and</strong> training,<br />
(e) On-the-job alertness strategies,<br />
(f) Rest environments provided by the employer (eg. sleeping facilities located<br />
aboard a locomotive or in a depot),<br />
(g) Work environments,<br />
(h) Working under unusual, unpredictable or emergency operating conditions,<br />
(i) Variations in shift <strong>and</strong> rest scheduling required by different routes,<br />
(ii) Scheduling <strong>of</strong> shift <strong>and</strong> rest periods.<br />
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The systems used to implement an operator’s fatigue management program<br />
may take account <strong>of</strong> the principles contained in:<br />
• AS/NZS4804: 2001, Occupational health <strong>and</strong> safety management systems<br />
– General guidelines on principles, systems <strong>and</strong> supporting techniques, as<br />
amended from time to time,<br />
• AS/NZS4801: 2001, Occupational health <strong>and</strong> safety management systems<br />
– Specification with guidance for use, as amended from time to time,<br />
• AS/NZS4360: 1999, the Australian Risk Management St<strong>and</strong>ard, as amended<br />
from time to time,<br />
• Another equivalent St<strong>and</strong>ard, as amended from time to time.<br />
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Reporting requirements<br />
An operator shall satisfy itself that employee hours <strong>of</strong> work are monitored for<br />
fatigue on an ongoing basis.<br />
In its internal auditing, an operator shall monitor the implementation <strong>of</strong> its<br />
fatigue management plan using quantitative measures.<br />
Sources <strong>of</strong> information on fatigue<br />
management<br />
There are a number <strong>of</strong> sources (<strong>and</strong> Internet sites) from which information on<br />
fatigue management practice <strong>and</strong> research can be obtained. These include:<br />
National Governments<br />
The following publish a wide range <strong>of</strong> investigation, policy <strong>and</strong> research<br />
papers in the area <strong>of</strong> fatigue management:<br />
• Australian Transport <strong>Safety</strong> Bureau: www.atsb.gov.au<br />
• National Transport Commission (formerly the National Road Transport<br />
Commission): www.ntc.gov.au<br />
• National Transportation <strong>Safety</strong> Board <strong>of</strong> the United States: www.ntsb.gov<br />
• National Aeronautics <strong>and</strong> Space Administration <strong>of</strong> the United States:<br />
www.nasa.gov<br />
• Transport Canada: www.tc.gc.ca<br />
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State Governments<br />
• New South Wales Independent Transport <strong>Safety</strong> <strong>and</strong> Reliability Regulator:<br />
www.transportregulator.nsw.gov.au<br />
Peak union organisations<br />
The New South Wales Labor Council publishes detailed fact sheets <strong>and</strong> policies<br />
to assist employers <strong>and</strong> employees in the workplace. These have been developed<br />
with the assistance <strong>of</strong> various <strong>NSW</strong> Government agencies.<br />
The Labor Council Policy on Managing Alcohol, Other Drugs <strong>and</strong> Fatigue<br />
in the Workplace for Employees covered by the <strong>Rail</strong> <strong>Safety</strong> <strong>and</strong> Passenger<br />
Transport Acts has been endorsed by the ITSRR as a compliant policy for<br />
the purposes <strong>of</strong> these Guidelines. For fact sheets: www.unionsafe.labor.net.<br />
au/safety_reps/ For policies: www.unionsafe.labor.net.au/<strong>of</strong>ficials/index<br />
Peak industry associations<br />
• New South Wales Minerals Council: www.nswmin.com.au<br />
Research bodies<br />
• Centre for Sleep Research, University <strong>of</strong> South Australia:<br />
www.unisa.edu.au/sleep/<br />
• Injury Risk Management Research Centre, University <strong>of</strong> New South Wales:<br />
www.irmrc.unsw.edu.au<br />
• Minerals Industry <strong>Safety</strong> & Health Centre, University <strong>of</strong> Queensl<strong>and</strong>:<br />
www.mishc.uq.edu.au<br />
• Sleep Health & Respiratory Support Clinic, Royal Prince Alfred Hospital:<br />
www.rpasleep.org.au www.sleepsydney.org<br />
Historical note<br />
The Guidelines were first gazetted on 29 August 2003. Passage <strong>of</strong> the<br />
Transport Legislation Amendment (<strong>Safety</strong> <strong>and</strong> Reliability) Bill later that year<br />
made re-gazettal <strong>of</strong> the Guidelines necessary to reflect the new designation <strong>of</strong><br />
the safety regulator, ITSRR.<br />
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RTBU OHS Fact Sheet 8:<br />
Hazardous Materials <strong>and</strong><br />
Substances<br />
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Chemicals have an important effect on our everyday lives. Most <strong>of</strong> these<br />
effects are beneficial when chemicals are used correctly, but when<br />
misused or used incorrectly chemicals can have a damaging effect on<br />
the plant, people <strong>and</strong> the environment. The <strong>NSW</strong> OHS Regulation 2001 defines<br />
a range <strong>of</strong> workplace chemicals <strong>and</strong> substances considered hazardous.<br />
Identifying Hazardous Materials<br />
• Some materials are hazardous at all times because <strong>of</strong> their properties e.g.<br />
petrol, acids <strong>and</strong> poisons<br />
There are many regulations controlling the safe h<strong>and</strong>ling <strong>of</strong> these materials.<br />
They must be properly contained.<br />
• Some materials are not dangerous at all times because <strong>of</strong> the state <strong>of</strong> the<br />
material. They are only dangerous at certain times e.g. molten metal or boiling<br />
water (dangerous because <strong>of</strong> the high temperatures. At room temperature<br />
the hazard would not exist).<br />
Dangerous materials have been classified by the United nations <strong>and</strong> each<br />
given a code number. The DANGEROUS GOODS ACT regulates how<br />
these materials should be contained, labelled <strong>and</strong> moved. There are also<br />
regulations on the action to be taken in an emergency.<br />
General Legal Requirements<br />
Under the <strong>NSW</strong> workplace safety laws employers must obtain <strong>and</strong> provide<br />
information to all their employees on all chemicals used in the work place.<br />
This information must include the health effects <strong>and</strong> what Personal Protective<br />
Equipment (PPE) must be used. These information sheets are called Material<br />
<strong>Safety</strong> Data Sheets (MSDS). (see sheet 2)<br />
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The <strong>NSW</strong> OHS Regulation 2001 -Clause 51 states that the employer<br />
must ensure that no person at a place <strong>of</strong> work is exposed to an airborne<br />
concentration <strong>of</strong> an atmospheric contaminant that exceeds or breeches a<br />
st<strong>and</strong>ard referred to on page 5 <strong>of</strong> this fact sheet.<br />
Clause 163 <strong>of</strong> the <strong>NSW</strong> OHS regulation states that the employer must ensure<br />
that labels are provide on every single substance/chemical in the workplace,<br />
even if it is decanted.<br />
The Hazardous Substances Regulation requires employers (<strong>and</strong> the selfemployed)<br />
to control exposure to ensure that the exposure <strong>of</strong> an employee,<br />
or other persons at the workplace to hazardous substances is prevented, or<br />
if that is not practicable, minimised.<br />
The Pesticides Act 1999 sets requirements relating to the supply, use <strong>and</strong><br />
possession <strong>of</strong> pesticides <strong>and</strong> fumigants.<br />
All employers are required to identify all workplace risks <strong>and</strong> put in place<br />
control measures to eliminate or reduce the risks.<br />
Material <strong>Safety</strong> Data Sheets<br />
A material safety data sheet (MSDS) is an information bulletin (normally 3 -<br />
4 pages) which tells you everything you need to know about the chemical.<br />
It gives advice on:<br />
• identifying the product<br />
• the effects <strong>of</strong> the product on health<br />
• first aid<br />
• precautions for use<br />
• safe h<strong>and</strong>ling <strong>and</strong> storage<br />
A Material <strong>Safety</strong> Data Sheet is available for every hazardous chemical. These<br />
are out in the workplace for your benefit.<br />
You should read the MSDS before using any chemical.<br />
MSDS must be made available to employees who may be exposed to the chemical<br />
in use. Employers must ensure that an MSDS is available for each hazardous<br />
substance used by each employee. This access may be required:<br />
• During training (including induction)<br />
• During consultation before the introduction <strong>of</strong> a new substance<br />
• When an employee is working with or near the chemical.<br />
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At each work site or designated work area, where hazardous substances<br />
are stored or mixed, ensure that:<br />
• Employees have easy access to an MSDS for each substance stored or used<br />
• The most recent edition <strong>of</strong> the MSDS is available (check every five years)<br />
• Any information retrieval system for MSDS is kept in working order<br />
Employees are trained on how to access <strong>and</strong> underst<strong>and</strong> the information.<br />
Labelling<br />
Hazardous materials are divided into classes <strong>and</strong> labelled very clearly.<br />
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As well as the class symbol, the following must be on the label:<br />
• the United Nations number <strong>of</strong> each <strong>of</strong> the hazardous goods in the package<br />
(UN Number)<br />
• the class label for each <strong>of</strong> the hazardous goods in the package<br />
• the name <strong>and</strong> address in Australia <strong>of</strong> the manufacturer, agent or consignor<br />
<strong>of</strong> the hazardous goods.<br />
Clause 163 <strong>of</strong> the <strong>NSW</strong> OHS regulation states that the employer must<br />
ensure that labels are provide on all chemicals.<br />
Hazardous substances, dangerous goods <strong>and</strong> poisons, all have similar labeling<br />
provisions. Chemical labels show the active ingredients <strong>and</strong> indicate other<br />
hazardous or dangerous ingredients (e.g. by showing the dangerous goods<br />
“diamond” symbol). Some containers <strong>of</strong> Chemicals have labels that contain<br />
extensive information in booklet form that is inserted into an envelope or<br />
pocket on the container. These booklets should be returned to the envelope<br />
or pocket after use for future reference. Some gas cylinders have tags, which<br />
display the relevant information.<br />
If the chemical is not labelled do not touch it <strong>and</strong> inform the appropriate<br />
Supervisor immediately.<br />
Packaging<br />
Hazardous chemicals should always be packaged in an approved container.<br />
Example: Acetylene in a gas cylinder Solvents in a closed metal drum<br />
Do not move hazardous chemicals in a container which is not an<br />
approved type.<br />
All containers should be in good condition. If you suspect they may be<br />
damaged, do not use them.<br />
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<strong>Safety</strong> Equipment<br />
There are regulations specifying the correct safety equipment you must<br />
use when h<strong>and</strong>ling hazardous materials.<br />
Example:<br />
Eye <strong>and</strong> face protection (goggles <strong>and</strong> face shield)<br />
Breathing canisters<br />
Protective clothing (gloves, overalls, boots)<br />
Consult the Material <strong>Safety</strong> Data Sheets for this information.<br />
Exposure st<strong>and</strong>ards <strong>and</strong> air monitoring<br />
The Hazardous Substances Regulation requires employers (<strong>and</strong> the selfemployed)<br />
to control exposure to ensure that the exposure <strong>of</strong> an employee,<br />
or other persons at the workplace to hazardous substances is prevented, or if<br />
that is not practicable, minimised.<br />
Clause 51<strong>of</strong> the <strong>NSW</strong> OHS regulation states that the employer must ensure<br />
that no person at a place <strong>of</strong> work is exposed to an airborne concentration<br />
<strong>of</strong> an atmospheric contaminant that exceeds or breeches a st<strong>and</strong>ard<br />
referred to in the Worksafe Australia publication Exposure St<strong>and</strong>ards<br />
for Atmospheric Contaminants in the Occupational Environment. This<br />
is relevant where inhalation is the main route <strong>of</strong> entry. The exposure<br />
st<strong>and</strong>ard is also given in the MSDS, if a st<strong>and</strong>ard has been allocated.<br />
If spraying produces particles in the air, like vapours or aerosols, then when<br />
doing a risk assessment it may be appropriate to assume that the airborne<br />
exposure st<strong>and</strong>ard is likely to be exceeded <strong>and</strong> that control measures such as<br />
respirators or other PPE are necessary..<br />
If there is uncertainty about risks, it may be necessary to measure airborne<br />
concentrations <strong>and</strong> compare these with the m<strong>and</strong>atory exposure st<strong>and</strong>ards.<br />
This may be useful for fixed locations such as indoors or situations <strong>of</strong> <strong>of</strong>flabel<br />
use. Care must be taken when applying these to outdoor situations<br />
where conditions are variable, such as changes in the wind.<br />
Personal protective equipment (PPE) for exposure to chemicals<br />
PPE should only be relied upon where it is not possible to control exposure<br />
by one or more <strong>of</strong> the above measures. PPE should be used:<br />
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• According to instructions on the label <strong>and</strong> the MSDS<br />
• In an open field situation where engineering controls are not available;<br />
• When mixing, decanting or spraying;<br />
• In some circumstances as a back up for other control measures.<br />
Selection, Use <strong>and</strong> Maintenance Of Personal Protective Equipment<br />
Employers should ensure that:<br />
• All PPE is appropriate for the task;<br />
• All PPE is suitable for the wearer;<br />
• PPE is readily available, clean <strong>and</strong> in fully operational condition;<br />
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• Employees are trained in the use <strong>of</strong> the PPE, including the selection <strong>and</strong><br />
maintenance (<strong>and</strong> where appropriate when to discard disposable PPE);<br />
• Employees wear the PPE as intended<br />
H<strong>and</strong>ling Equipment<br />
When lifting or moving hazardous chemicals it is important to use the correct<br />
equipment <strong>and</strong> follow established procedures. This is to minimise spillage, <strong>and</strong><br />
any damage, contamination or injury which could result. If the equipment you<br />
need is not available, do not use second best, wait until you can get the proper<br />
equipment.<br />
Storage<br />
There are regulations for storing hazardous chemicals.<br />
Example: Flammable material must be stored in a flamepro<strong>of</strong><br />
cupboard or in a separate compound.<br />
Make sure the hazardous chemicals are stored in an approved store. You may<br />
be allowed to store small quantities <strong>of</strong> chemicals on the workshop while you<br />
are using them. However, they must be returned to the store <strong>and</strong> not left outside<br />
overnight.<br />
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Hazard Classifi cation <strong>and</strong> Control<br />
Hazardous chemicals are classified according to the types <strong>of</strong> risks they represent.<br />
Common classifications are as follows:<br />
Poisons<br />
Corrosive<br />
Exposure causes permanent damage to internal<br />
organs<br />
Most common type amongst chemicals onsite<br />
These include detergents. Exposure can cause burns, irritation which<br />
normally subsides after exposure is eliminated<br />
Flammable Liquids Can ignite with a spark etc.<br />
Flammable Gas Gases in cylinders<br />
Emergencies<br />
If you follow all the approved safety procedures, the risk <strong>of</strong> accidents should<br />
be minimised. However, they still happen, <strong>and</strong> it is important that you are<br />
prepared for an emergency <strong>and</strong> aware <strong>of</strong> relevant emergency procedures.<br />
You should know the emergency action plan for any dangerous materials<br />
you are h<strong>and</strong>ling before you touch it.<br />
It may be on the label <strong>of</strong> the chemical or on a wallchart.<br />
If you spill a hazardous chemical you should immediately contact the person<br />
responsible for emergency action. In some cases, this may be the fire brigade.<br />
The emergency action plan to be followed is:<br />
• Warn all those around you <strong>of</strong> the danger<br />
• Take any immediate steps possible to contain the danger<br />
• Contact the person responsible for emergency action<br />
• If in doubt, dial 000<br />
• Do not try to correct the problem yourself unless you are trained to do so.<br />
Your responsibility is to warn others <strong>of</strong> the danger <strong>and</strong> get the right people<br />
to solve the problem.<br />
Fill in the Respirator checklist to see if your workplace has adequate Personal<br />
Protective Equipment.<br />
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Respirator checklist<br />
Are approved respirators provided for regular or emergency use where needed?<br />
Yes<br />
No<br />
Where needed for emergency use, are respirators stored in a convenient, clean, <strong>and</strong> sanitary<br />
location?<br />
Yes<br />
No<br />
Are respirators intended for emergency use adequate for the various uses for which they may<br />
be needed?<br />
Yes<br />
No<br />
Are there written st<strong>and</strong>ard operating procedures for the selection <strong>and</strong> use <strong>of</strong> respirators<br />
where needed?<br />
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Yes<br />
No<br />
If you have a respirator program, are employees instructed on the correct use <strong>and</strong> limitations<br />
<strong>of</strong> respirators?<br />
Yes<br />
No<br />
Personal protective equipment checklist<br />
Are hazards that require the use <strong>of</strong> personal protective equipment (PPE) present or are they<br />
likely to be present?<br />
Yes<br />
No<br />
Has appropriate PPE been selected for hazardous tasks?<br />
Yes<br />
No<br />
Have employees been trained in PPE procedures – for example, which PPE is necessary for a<br />
job, when to use it <strong>and</strong> how to properly adjust it?<br />
Yes<br />
No<br />
Are protective goggles or face shields provided <strong>and</strong> worn where there is any danger <strong>of</strong> flying<br />
particles or corrosive materials?<br />
Yes<br />
No<br />
Are approved safety glasses required to be worn at all times in areas where there is a risk <strong>of</strong><br />
eye injuries, such as punctures, abrasions, contusions or burns?<br />
Yes<br />
No<br />
Are employees who need corrective lenses (glasses or contacts) required to wear only approved<br />
safety glasses or protective goggles, or to use other medically approved precautionary<br />
procedures?<br />
Yes<br />
No<br />
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If there is a danger <strong>of</strong> cuts or exposure to corrosive liquids, chemicals, blood or other<br />
potentially infectious materials, do employees wear protective gloves, aprons, or shields?<br />
Yes<br />
No<br />
Is appropriate foot protection required where there is the risk <strong>of</strong> foot injuries from hot,<br />
corrosive, or poisonous substances: falling objects: or crushing or penetrating actions?<br />
Yes<br />
No<br />
Is all protective equipment maintained in a sanitary condition <strong>and</strong> ready for use?<br />
Yes<br />
No<br />
Are adequate work procedures, protective clothing <strong>and</strong> equipment provided <strong>and</strong> used when<br />
cleaning up spilled toxic or otherwise hazardous materials or liquids?<br />
Yes<br />
No<br />
The checklists on the following pages may assist with a risk assessment on<br />
hazardous chemicals in your workplace. They cover training <strong>and</strong> industry<br />
risks.<br />
Training <strong>and</strong> procedures checklist<br />
Do you have eyewash facilities <strong>and</strong> a quick-drench shower within the work area where<br />
employees are exposed to corrosive materials?<br />
Yes<br />
No<br />
Are food <strong>and</strong> beverages consumed only in areas where there is no exposure to toxic material,<br />
blood or other potentially infectious materials?<br />
Yes<br />
No<br />
Are there appropriate procedures in place for disposing <strong>of</strong> or decontaminating personal<br />
protective equipment contaminated with or reasonable anticipated to be contaminated with<br />
blood or other potentially infectious materials?<br />
Yes<br />
No<br />
Are employees trained in the safe h<strong>and</strong>ling practices <strong>of</strong> hazardous chemicals, such as acids<br />
<strong>and</strong> caustics?<br />
Yes<br />
No<br />
Are employees aware <strong>of</strong> the potential hazards involving various chemicals stored or used in<br />
the workplace, including acids, bases, caustics, epoxies, <strong>and</strong> phenols?<br />
Yes<br />
No<br />
Is employee exposure to chemicals within acceptable levels?<br />
Yes<br />
No<br />
Are all containers, such as vats <strong>and</strong> storage tanks, labeled as to their contents?<br />
Yes<br />
No<br />
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Are flammable or toxic chemicals kept in closed containers when not in use?<br />
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Yes No<br />
Are chemical piping systems clearly marked as to their contents?<br />
Yes No<br />
Where corrosive liquids are frequently h<strong>and</strong>led in open containers or drawn from storage<br />
vessels or pipelines, are adequate means readily available for neutralizing or disposing<br />
Yes No<br />
Have st<strong>and</strong>ard operating procedures been established for cleaning up chemical spills?<br />
Yes No<br />
Are you familiar with the threshold limit values or permissible exposure limits <strong>of</strong> airborne<br />
contaminants <strong>and</strong> physical agents used in your workplace?<br />
Yes No<br />
Have you instituted control procedures for hazardous materials, where appropriate, such<br />
as respirators, ventilation systems, <strong>and</strong> h<strong>and</strong>ling practices?<br />
Yes No<br />
Whenever possible, are hazardous substances h<strong>and</strong>led in properly designed <strong>and</strong> exhausted<br />
booths or similar locations?<br />
Yes No<br />
Do you use general dilution or local exhaust ventilation systems to control dusts, vapors,<br />
gases, fumes, smoke, solvents, or mists that may be generated in your workplace?<br />
Yes No<br />
Is ventilation equipment provided for removal <strong>of</strong> contaminants from such operations as<br />
production grinding, buffing, spray painting, <strong>and</strong> vapor degreasing?<br />
Yes<br />
No<br />
Industry risks checklists<br />
Do employees complain about dizziness, headaches, nausea, irritation, or other signs <strong>of</strong><br />
discomfort when they use solvents or other chemicals?<br />
Yes No<br />
Do employees complain about dryness, irritation, or sensitization <strong>of</strong> the skin?<br />
Yes No<br />
Have you considered using an industrial hygienist or environmental health specialist to<br />
evaluate your operation?<br />
Yes<br />
No<br />
If internal combustion engines are used, is carbon monoxide kept within acceptable levels?<br />
Yes No<br />
Are materials that give <strong>of</strong>f toxic asphyxiant, suffocating, or anesthetic fumes stored in<br />
remote or isolated locations when not in use?<br />
Yes<br />
No<br />
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Hazardous Substances Checklist<br />
Training <strong>and</strong> Procedures Yes NO<br />
Do you have eyewash facilities <strong>and</strong> a quick-drench shower within the<br />
work area where employees are exposed to corrosive materials?<br />
Are food <strong>and</strong> beverages consumed only in areas where there is no<br />
exposure to toxic material, blood or other potentially infectious<br />
materials?<br />
Are there appropriate procedures in place for disposing <strong>of</strong> or<br />
decontaminating personal<br />
protective equipment contaminated with or reasonable anticipated to be<br />
contaminated with blood or other potentially infectious materials?<br />
Are employees trained in the safe h<strong>and</strong>ling practices <strong>of</strong> hazardous<br />
chemicals, such as acids <strong>and</strong> caustics?<br />
Are employees aware <strong>of</strong> the potential hazards involving various<br />
chemicals stored or used in the workplace, including acids, bases,<br />
caustics, epoxies, <strong>and</strong> phenols?<br />
Is employee exposure to chemicals within acceptable levels?<br />
Are all containers, such as vats <strong>and</strong> storage tanks, labeled as to their<br />
contents?<br />
Are flammable or toxic chemicals kept in closed containers when not in<br />
use?<br />
Are chemical piping systems clearly marked as to their contents?<br />
Where corrosive liquids are frequently h<strong>and</strong>led in open containers or<br />
drawn from storage<br />
vessels or pipelines, are adequate means readily available for neutralizing<br />
or disposing <strong>of</strong> spills or overflows?<br />
Have st<strong>and</strong>ard operating procedures been established for cleaning up<br />
chemical spills?<br />
Are you familiar with the threshold limit values or permissible exposure<br />
limits <strong>of</strong> airborne contaminants <strong>and</strong> physical agents used in your<br />
workplace?<br />
Have you instituted control procedures for hazardous materials, where<br />
appropriate, such as respirators, ventilation systems, <strong>and</strong> h<strong>and</strong>ling<br />
practices?<br />
Whenever possible, are hazardous substances h<strong>and</strong>led in properly<br />
designed <strong>and</strong> exhausted booths or similar locations?<br />
Do you use general dilution or local exhaust ventilation systems to<br />
control dusts, vapors, gases, fumes, smoke, solvents, or mists that may be<br />
generated in your workplace?<br />
Is ventilation equipment provided for removal <strong>of</strong> contaminants from such<br />
operations as production grinding, buffing, spray painting, <strong>and</strong> vapor<br />
degreasing?<br />
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Workplace Risks Yes No<br />
Do employees complain about dizziness, headaches, nausea, irritation, or<br />
other signs <strong>of</strong> discomfort when they use solvents or other chemicals?<br />
Do employees complain about dryness, irritation, or sensitization <strong>of</strong> the<br />
skin?<br />
Have you considered using an industrial hygienist or environmental<br />
health specialist to evaluate your operation?<br />
If internal combustion engines are used, is carbon monoxide kept within<br />
acceptable levels?<br />
Are materials that give <strong>of</strong>f toxic asphyxiant, suffocating, or anesthetic<br />
fumes stored in remote or isolated locations when not in use?<br />
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What needs to be done?<br />
(a) To establish appropriate workplace workers hazardous substances programs?<br />
(b) To improve workers hazardous substances programs in your workplace?<br />
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RTBU OHS Fact Sheet 9:<br />
Bullying <strong>and</strong> harassment<br />
in the workplace<br />
Defi ning bullying <strong>and</strong> workplace violence<br />
Everyone in the workplace deserves to be treated with dignity <strong>and</strong> respect. No<br />
one should suffer bullying or harassment while going about their work.<br />
There is a risk <strong>of</strong> bullying occurring wherever people work together. Bullying<br />
is not always intentional. Bullying is the result <strong>of</strong> unreasonable behaviour. It is<br />
important that people are aware <strong>of</strong> what bullying behaviour is <strong>and</strong> the impact<br />
it has on their co-employees.<br />
Workplace bullying is repeated, unreasonable behaviour directed toward an<br />
employee, or group <strong>of</strong> employees, that creates a risk to health, safety <strong>and</strong><br />
welfare.<br />
Examples <strong>of</strong> workplace bullying or<br />
unacceptable Behaviour<br />
• The following types <strong>of</strong> behaviour, where repeated or occurring as part <strong>of</strong><br />
pattern behaviour, that could be considered bullying:<br />
• Being overloaded with work, or not being given enough work to do;<br />
• Being required to perform tasks without proper training or instruction, <strong>and</strong><br />
which may place a employee at risk from injury;<br />
• Unreasonable overtime, unfair rostering, allocation <strong>of</strong> work or being asked<br />
to perform non-work related tasks;<br />
• Being excessively supervised or criticised;<br />
• Subjected to constant ridicule <strong>and</strong> being put down in front <strong>of</strong> coemployees;<br />
• Damage or interference with personal belongings, sabotage or undermining<br />
<strong>of</strong> work;<br />
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• Being the victim <strong>of</strong> loud <strong>and</strong> abusive, threatening or derogatory language<br />
usually when co-employees are present;<br />
• Open or implied threat <strong>of</strong> the sack, or demotion or being pressured to<br />
resign;<br />
• Creation <strong>of</strong> an oppressive <strong>and</strong>/or unhappy work environment to coerce or<br />
intimidate employees;<br />
• Intimidation or threats to employees not to report or complain about<br />
conditions, unacceptable behaviours or health, safety <strong>and</strong> welfare;<br />
• Leaving <strong>of</strong>fensive messages on email or by telephone;<br />
• Maliciously excluding <strong>and</strong> isolating a person from workplace activities,<br />
<strong>and</strong> promotional opportunities;<br />
• Humiliating a person through gestures, or sarcastic, racist, or derogatory<br />
comments, <strong>of</strong>ten in front <strong>of</strong> clients, management or co-employees;<br />
• Spreading gossip, false or malicious rumours about a person with intent to<br />
cause damage to a employee’s employment or reputation;<br />
• Inequitable use <strong>of</strong> performance management.<br />
The effects <strong>of</strong> bullying<br />
The impact <strong>of</strong> bullying harassment or unacceptable behaviour can lead to<br />
severe psychological damage to an employee. Studies have shown that bullying<br />
is estimated to cost Australian firms $13 billion a year.<br />
Management has a legal obligation under the OH&S Act to have in place<br />
control measures to prevent psychological hazards. Bullying <strong>and</strong> harassment is<br />
a psychological hazard.<br />
Employers need to put in place proper policies, procedures <strong>and</strong> training <strong>of</strong><br />
supervisors <strong>and</strong> managers in the management <strong>of</strong> workplace relationships.<br />
On the individual<br />
Victims <strong>of</strong> Bullying may experience any <strong>of</strong> the following effects on their lives:<br />
• Anti social behaviour that impacts on the family <strong>and</strong> other relationships <strong>of</strong><br />
the victim<br />
• Anxiety, depression <strong>and</strong> self-blame<br />
• Disempowerment<br />
• Anger <strong>and</strong> irritability<br />
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• Loss <strong>of</strong> concentration<br />
• Loss <strong>of</strong> self esteem <strong>and</strong> lowered self-confidence<br />
• Panic attacks<br />
• Uncertainty <strong>of</strong> self<br />
• Post traumatic stress disorder<br />
• Medical/Physical Stress-related illnesses <strong>and</strong> headaches<br />
• Stomach disorders <strong>and</strong> skin rashes<br />
• Lethargy <strong>and</strong> sleep disturbance<br />
• Loss <strong>of</strong> income, including loss <strong>of</strong> potential income<br />
• Reluctance to go to work<br />
• Actively seeking other positions<br />
• Pressured to take jobs below his or her capacity<br />
Other workers<br />
• Other workers are also affected by bullying by:<br />
• Creation <strong>of</strong> a hostile work environment<br />
• Employees feeling insecure <strong>and</strong> anxious<br />
• Low staff morale<br />
• Adverse affects on well being <strong>of</strong> others at work<br />
• Absenteeism<br />
• Constant flow <strong>of</strong> new employees<br />
• Poor work output<br />
On organisations<br />
• An organisation is affected through:<br />
• Loss <strong>of</strong> time <strong>and</strong> skills due to sickness <strong>and</strong> staff conflict<br />
• Continual staff turnover<br />
• Continual re-skilling<br />
• Loss <strong>of</strong> productivity<br />
• Loss <strong>of</strong> reputation in the market place <strong>and</strong> customers<br />
• Early retirement costs<br />
• Workers compensation claims <strong>and</strong> insurance premiums<br />
• WorkCover fines for breaches <strong>of</strong> OH&S Act <strong>and</strong> Regulation.<br />
• Loss <strong>of</strong> income support <strong>and</strong> related government benefits<br />
• Creation <strong>of</strong> a ‘toxic’ work environment<br />
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Bullying <strong>and</strong> the law<br />
There are a range <strong>of</strong> laws that can be applied, depending on the nature <strong>and</strong> type<br />
<strong>of</strong> bullying.<br />
No Australian law specifically defines workplace bullying. However, there are<br />
several laws that make various forms <strong>of</strong> bullying behaviour unlawful. The<br />
combined effect <strong>of</strong> these laws means that bullying can be defined as behaviour<br />
that:<br />
• Offends, humiliates or intimidates someone; <strong>and</strong><br />
• Could put that person or someone else’s health safety or welfare, including<br />
that person’s psychological welfare, at risk.<br />
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It is a problem that employers <strong>and</strong> workers <strong>of</strong>ten do not realize that their<br />
behaviour is illegal. Another problem is that the behaviour can sometimes be<br />
difficult to prove.<br />
Occupational health <strong>and</strong> safety legislation<br />
Under <strong>NSW</strong> Occupational Health <strong>and</strong> <strong>Safety</strong> laws employers must provide<br />
safe workplaces. It is an <strong>of</strong>fence for an employer or a worker to fail to take<br />
reasonable care for the safety <strong>of</strong> others at the workplace. It also includes the<br />
employer taking practical steps to identify, assess <strong>and</strong> control reasonably<br />
foreseeable psychological risks.<br />
Clause 9 (2) (b) <strong>of</strong> the OH&S regulations 2001 requires employers to identify<br />
Psychological Hazards. Clause 11 <strong>of</strong> the OH&S regulations 2001 requires<br />
employers to eliminate risks arising from hazards.<br />
If these risks are not managed then an employer may have action taken against<br />
them for a breach <strong>of</strong> the Occupational Health <strong>and</strong> <strong>Safety</strong> Regulations.<br />
A psychological injury does not have to occur for an employer to be in breach<br />
<strong>of</strong> OHS law. Failure to have a safe system <strong>of</strong> work is enough to be charged <strong>and</strong><br />
prosecuted.<br />
One <strong>of</strong> the objectives <strong>of</strong> the <strong>NSW</strong> OHS Act 2000 (Part 1 sec 3c) is to “promote<br />
a safe <strong>and</strong> healthy environment for people at work that protects them from<br />
injury <strong>and</strong> illness <strong>and</strong> that is adapted to their physiological <strong>and</strong> psychological<br />
needs.”<br />
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Workers compensation legislation<br />
If you are being bullied or harassed at work, you may suffer physical or<br />
psychological injury such as a stress related illness. If you become unwell as a<br />
result <strong>of</strong> inappropriate management action, you may be able to make a claim<br />
under the <strong>NSW</strong> Workers Compensation <strong>and</strong> Injury Management Act 2000.<br />
Under workers compensation laws, psychological injury can be compensated if<br />
work contributes to the injury or aggravates an existing injury. The workplace<br />
does not have to be the dominant or the only cause, but it must be a substantial<br />
cause <strong>of</strong> the injury.<br />
See the Fact Sheets on Workers Compensation for more information.<br />
Discrimination<br />
If you are being bullied or harassed on the basis <strong>of</strong> your race, sex, pregnancy,<br />
marital status, religious belief, homosexuality, disability, union membership or<br />
a range <strong>of</strong> other things covered by antidiscrimination law you could take legal<br />
action on the basis <strong>of</strong> discrimination in the workplace.<br />
If workers believe that they are being harassed because <strong>of</strong> their gender, sexual<br />
preference, race, or disability other legislation that may be relevant includes:<br />
• Human Rights <strong>and</strong> Equal Opportunity Commission Act 1986, which<br />
prohibits workplace harassment on the following grounds: Political<br />
opinion, social origin, medical record, criminal record, trade union activity<br />
<strong>and</strong> religion.<br />
• Racial Discrimination Act 1975, which prohibits workplace harassment on<br />
the following grounds: Race, colour <strong>and</strong> nationality.<br />
• Sex discrimination Act 1984, which prohibits workplace harassment on the<br />
following grounds: Sex, marital status <strong>and</strong> pregnancy.<br />
• Disability Discrimination Act 1992, which prohibits workplace harassment<br />
on the following grounds: Disability <strong>and</strong> impairment.<br />
Investigations into complaints made under these acts are conducted by the<br />
Human Rights <strong>and</strong> Equal Opportunity Commission (HREOC).<br />
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This Commission is only able to investigate complaints <strong>of</strong> discrimination in<br />
specific areas <strong>of</strong> public life. It happens when:<br />
• Someone is treated less favourably than another person; <strong>and</strong><br />
• The reason for that treatment is his or her sex, race, disability or age.<br />
You should note that it is not enough that a person is unhappy with the treatment<br />
that they have received <strong>and</strong> that he or she has a disability, or is <strong>of</strong> a particular<br />
race, sex or age. You would need to be able to show a connection between that<br />
treatment <strong>and</strong> your race, sex, disability or age.<br />
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Under the Human Rights <strong>and</strong> Equal Opportunity Commission Act 1986 the<br />
Commission can also investigate allegations <strong>of</strong> specific types <strong>of</strong> discrimination<br />
in the area <strong>of</strong> employment <strong>and</strong> occupation, based on grounds such as:<br />
• Age<br />
• Religion<br />
• Political opinion<br />
• Sexual preference-heterosexual, homosexual, bi-sexual<br />
• Social origin<br />
• Trade union activity<br />
• Criminal record.<br />
More information is available from the Human Rights <strong>and</strong> Equal Opportunity<br />
Commissions website at http://www.hreoc.gov.au<br />
Unfair dismissal<br />
If you feel you have to resign because persistent bullying has made your life<br />
miserable at work <strong>and</strong> you feel you have no other choice, you may be able<br />
to make an unfair dismissal claim against your employer. Under Industrial<br />
Relations Law this could be considered as “constructive dismissal”.<br />
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Civil claim for damages<br />
Workplace bullying is <strong>of</strong>ten subtle or hidden. Those with little direct experience<br />
<strong>of</strong> bullying may find it difficult to identify. Employers should not assume that the<br />
workplace is free <strong>of</strong> bullying simply because there are no immediately obvious<br />
signs. There are a number <strong>of</strong> risk factors that can increase the likelihood <strong>of</strong><br />
bullying occurring in a workplace.<br />
• Bullying risk factors can be revealed through:<br />
• Reports from health <strong>and</strong> safety representatives<br />
• Workplace audits<br />
• Organisational climate/employee opinion surveys<br />
• Issues raised by workplace health <strong>and</strong> safety committees<br />
Note: If an allegation <strong>of</strong> bullying is made, or an incident is observed, employers<br />
should act promptly to resolve the situation.<br />
Indirect signs <strong>of</strong> bullying<br />
In a workplace, bullying can sometimes happen indirectly. Because the signs <strong>of</strong><br />
bullying may not always be connected with bullying, they need to be examined<br />
within the overall context <strong>of</strong> the whole organisation.<br />
Indirect signs <strong>of</strong> bullying may include:<br />
• Employees leaving the organisation reporting dissatisfaction with working<br />
relationships (e.g. at exit interviews)<br />
• High levels <strong>of</strong> absenteeism associated with particular shifts<br />
• An increase in workplace grievances or complaints<br />
• Negative results from employee surveys<br />
• High levels <strong>of</strong> staff turnover<br />
• Issues raised at staff meetings<br />
• Deterioration <strong>of</strong> relationships between colleagues, customers or<br />
management<br />
• Regularly torn clothing/uniforms<br />
• Regularly damaged personal effects or work tools<br />
• An employee experiencing a number <strong>of</strong> minor workplace injuries<br />
• Employees becoming withdrawn <strong>and</strong> isolated<br />
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Other factors that can contribute to risk<br />
There are a number <strong>of</strong> workplace factors that can contribute to the risk <strong>of</strong><br />
workplace bullying.<br />
The presence <strong>of</strong> these factors does not necessarily mean that bullying is occurring<br />
in the workplace, but may point to a greater risk <strong>of</strong> bullying taking place, or<br />
occurring at a future time.<br />
These factors are:<br />
Organisational change<br />
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Research has identified that significant organisational change, such as major<br />
internal restructuring or technological change may inadvertently create an<br />
environment that increases the risk <strong>of</strong> bullying.<br />
Workforce characteristics<br />
Employers should be aware that some employees can be more at risk <strong>of</strong><br />
workplace bullying. These employees may represent a minority in the workplace<br />
due to factors such as: age, gender, ethnicity, disability, parental status, religion<br />
or political views. They may also be new employees, apprentices, trainees,<br />
contractors or casuals.<br />
Workplace relationships<br />
Unsatisfactory workplace relationships <strong>and</strong> poor workplace communication,<br />
such as inadequate information flow or lack <strong>of</strong> consultation with employees,<br />
may create an environment in which workplace bullying is more likely to<br />
occur. Workplaces that tolerate teasing <strong>and</strong> practical jokes against employees,<br />
or tolerate initiation practices for new employees, are more likely to experience<br />
workplace bullying.<br />
Work systems<br />
Work system factors that may increase the risk <strong>of</strong> workplace bullying include:<br />
• Lack <strong>of</strong> appropriate policies <strong>and</strong> procedures<br />
• A high rate <strong>and</strong> intensity <strong>of</strong> work<br />
• Staff shortages<br />
• Lack <strong>of</strong> experience <strong>and</strong> skill in dealing with employee groups<br />
• Poorly-defined jobs <strong>and</strong> high levels <strong>of</strong> uncertainty about job requirements<br />
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Prevention <strong>of</strong> workplace bullying<br />
Bullying can occur in any workplace, given certain circumstances. While an<br />
organisation might appear to be free from bullying, it still may be happening.<br />
Bullying can be difficult to detect. Incidents <strong>of</strong> bullying may not always be<br />
reported because employees might:<br />
• Fear retribution or “payback” from the bully<br />
• Believe that no one will act on the problem<br />
• Fear being labelled “weak” or “whinging”<br />
• Think that reporting will affect their career prospects<br />
• Accept bullying as a normal part <strong>of</strong> work culture<br />
As bullying can occur wherever people work together employers should<br />
implement a range <strong>of</strong> prevention measures.<br />
Because any one measure by itself will not adequately reduce the risk <strong>of</strong> bullying,<br />
it is important that these measures are used in conjunction with each other. An<br />
employer may, in consultation with health <strong>and</strong> safety representatives, decide<br />
which measures are best to implement in their workplace.<br />
Training<br />
Employers have a duty to make sure that their employees are provided with the<br />
information, instruction, training <strong>and</strong> supervision they need to do their jobs<br />
safely <strong>and</strong> without risks to health.<br />
The specific mix <strong>of</strong> information, instruction <strong>and</strong> training needed to reduce the<br />
risk <strong>of</strong> bullying in a particular workplace will depend on the specific needs<br />
<strong>of</strong> the employees <strong>and</strong> the workplace. Bullying has been linked to situations<br />
<strong>of</strong> role conflict <strong>and</strong> uncertainty. Employers should make sure that employees<br />
underst<strong>and</strong> their role <strong>and</strong> have the appropriate skills to do their job.<br />
This includes making sure that employees who supervise others have appropriate<br />
skills, such as managing workplace relationships <strong>and</strong>, if necessary, giving them<br />
training to acquire these skills before starting supervisory duties.<br />
Employees who have a designated role in h<strong>and</strong>ling reports <strong>of</strong> bullying will need<br />
specific training to assist them to carry out this task.<br />
Employers should also ensure that information about workplace bullying,<br />
including any relevant policies <strong>and</strong> procedures, is readily available to all<br />
employees.<br />
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Dignity <strong>and</strong> respect in the workplace charter<br />
The <strong>NSW</strong> Government, in conjunction with public sector agencies <strong>and</strong> major<br />
public sector unions has developed the Dignity <strong>and</strong> Respect Policy, Model Code<br />
<strong>of</strong> Conduct <strong>and</strong> Workplace Charter, to ensure that their workplaces are free<br />
from all forms <strong>of</strong> bullying.<br />
Copies <strong>of</strong> the Dignity <strong>and</strong> respect: Policy <strong>and</strong> Guidelines on Preventing <strong>and</strong><br />
Managing Workplace Bullying <strong>and</strong> the Model Code <strong>of</strong> Conduct provide<br />
organisations with a framework to review <strong>and</strong> develop their own policies to<br />
eliminate bullying. Copies <strong>of</strong> these documents <strong>and</strong> the Dignity <strong>and</strong> Respect in<br />
the Workplace Charter are available from the OHS Resources section <strong>of</strong> the<br />
RTBU website, or from WorkCover.<br />
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Develop a code <strong>of</strong> conduct for workplace behaviour<br />
A Code Of Conduct is a policy that outlines an organisation’s st<strong>and</strong>ards <strong>of</strong><br />
workplace behaviour <strong>and</strong> makes clear statements that all employees have<br />
Dignity <strong>and</strong> Respect at work <strong>and</strong> that bullying will not be tolerated. A N<br />
Model Code <strong>of</strong> Conduct for <strong>NSW</strong> Pubic Agencies has been developed, <strong>and</strong><br />
could usefully be modified to meet your organisation’s requirements.<br />
The policy can be developed on its own, or it may be included in relevant<br />
existing OHS policies.<br />
Another option could be to include it in a policy that covers workplace<br />
behaviour. Some organisations may want to include reference to occupational<br />
violence in their Code Of Conduct policy, instead <strong>of</strong> having a separate policy<br />
on this issue.<br />
When developing a Code Of Conduct policy the employer must consult with<br />
elected health <strong>and</strong> safety representatives. It is a good idea to also consult<br />
employees directly on the policy.<br />
An employer can create commitment to the Code Of Conduct policy by:<br />
• Developing a policy that is specific to the workplace<br />
• Consulting employees on the development <strong>of</strong> the policy <strong>and</strong> providing an<br />
opportunity to comment on a draft policy<br />
• Securing the commitment <strong>of</strong> the chief executive/employer to the policy <strong>and</strong><br />
involving them in policy development<br />
• Ensuring the policy is adhered to <strong>and</strong> consistently applied<br />
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Resolving or investigating complaints <strong>of</strong><br />
bullying<br />
Responding to incident / reports<br />
An organisation may use a number <strong>of</strong> ways for people to notify bullying<br />
incidents, such as:<br />
• Submitting written reports, including by a form<br />
• Submitting verbal reports<br />
An organisation may also consider supervisors acting on overheard verbal abuse<br />
or <strong>of</strong>fensive language or any directly observed bullying type behaviour. These<br />
may also be considered as reports for the purposes <strong>of</strong> investigating bullying<br />
behaviour.<br />
Employees should underst<strong>and</strong> clearly who is the appropriate person to contact<br />
if they have to notify <strong>of</strong> an incident.<br />
Prompt <strong>and</strong> careful investigation can lead to quick resolution <strong>and</strong> will<br />
demonstrate to employees that bullying is taken seriously. An impartial <strong>and</strong><br />
appropriately skilled person should conduct investigations.<br />
Resolution process<br />
Each situation that is reported or observed will usually be different. Therefore,<br />
to ensure a consistent approach, it is important to have an agreed procedure in<br />
the workplace for dealing with reports.<br />
An employer should develop a workplace bullying resolution procedure in<br />
consultation with health <strong>and</strong> safety representatives. The procedure should set<br />
out to whom any reports go, <strong>and</strong> what person or persons are responsible at<br />
each stage in the process.<br />
Suggested approaches for successful resolution<br />
A resolution process should be flexible <strong>and</strong> enable a choice or course <strong>of</strong> actions<br />
to be undertaken which specifically suit the situation reported.<br />
Below are three approaches that can be used to assist resolution. These<br />
approaches can be used in combination or on their own, depending on the<br />
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situation involved. They can also be used as a step-by-step approach to<br />
resolution.<br />
When developing a workplace resolution procedure for bullying, agreement<br />
should be reached on when each approach is appropriate. The resolution<br />
approach taken by the employer should reflect the seriousness <strong>of</strong> the situation.<br />
It is important for the person who reported the situation to agree with the<br />
proposed approach or combination <strong>of</strong> approaches for resolution.<br />
Direct approach<br />
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Assessing whether a direct approach will help resolve a report/incident <strong>of</strong><br />
bullying is a positive first step. Where serious allegations have been made, the<br />
direct approach is not appropriate.<br />
As an example, a report involving an escalation <strong>of</strong> bullying into violence or<br />
threats would not be suited to a direct approach. The direct approach involves<br />
a clear <strong>and</strong> polite request for the behaviour to stop. The person affected, their<br />
supervisor or manager, or another relevant person can make this request.<br />
Anyone requested to act on behalf <strong>of</strong> the person affected should adopt a<br />
confidential, non-confrontational approach with a view to resolving the issue.<br />
If the direct approach succeeds, <strong>and</strong> the <strong>of</strong>fending behaviour stops, it may not<br />
be necessary to have a further step. In other circumstances, monitoring the<br />
situation for signs <strong>of</strong> recurrence may be appropriate.<br />
Discussion involving an independent third party<br />
The objective <strong>of</strong> this step in a process is to settle an issue with as little conflict <strong>and</strong><br />
stress as possible. The agreement <strong>of</strong> all parties to participate in this discussion<br />
is important for success, <strong>and</strong> the independence <strong>of</strong> the third party needs to be<br />
recognised by all parties involved.<br />
The discussion should focus on resolving the problem <strong>and</strong> agreeing on actions<br />
that will be undertaken to assist the resolution.<br />
This action can be undertaken at two stages in the resolution process:<br />
• Where the direct approach has not resolved the issue<br />
• Where an investigation has recommended discussion to assist resolution<br />
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There are some circumstances where it would not be appropriate to use<br />
this method. Such circumstances include situations involving allegations<br />
<strong>of</strong> occupational violence, or where there is a significant difference in power<br />
between the parties.<br />
Investigations<br />
Where the behaviour does not cease after a direct approach or discussion, an<br />
investigation to establish whether or not the report is substantiated should be<br />
undertaken. Where a serious allegation has been made, an investigation should<br />
be the first step taken.<br />
Prompt <strong>and</strong> careful investigation can lead to quick resolution <strong>and</strong> will<br />
demonstrate to employees that bullying is taken seriously. An impartial <strong>and</strong><br />
appropriately skilled person should conduct investigations.<br />
After resolution<br />
After a situation has been resolved, an employer should also examine the work<br />
situation to identify <strong>and</strong> address any underlying risk factors that may have<br />
contributed to the bullying occurring.<br />
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What safety representatives<br />
<strong>and</strong> unions can do<br />
Employer’s responsibilities<br />
The most effective way to prevent bullying is for employers to send a clear<br />
message that workplace bullying is unacceptable.<br />
Under <strong>NSW</strong> OHS laws employers are legally obliged to:<br />
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• Consult with their employees over workplace hazards. Consultation is the<br />
most effective way for employers <strong>and</strong> employees to develop policies <strong>and</strong><br />
procedures that counter bullying in the workplace.<br />
• Conduct a Risk Assessment to measure the risks <strong>of</strong> bullying in their<br />
workplace <strong>and</strong> take action to minimise the risks associated with<br />
Psychological Hazards. A checklist below is available to measure the<br />
existence <strong>of</strong> any psychological hazards in your workplace.<br />
• Not engage in unacceptable behaviour or condone unacceptable behaviour<br />
that contributes to the risk <strong>of</strong> bullying.<br />
What safety representatives can do<br />
Employees should not have to put up with any form <strong>of</strong> bullying or harassment.<br />
If you are a safety representative or union representative you should be proactive<br />
in preventing bullying in your workplace. There are laws that exist to protect<br />
people speaking out about bullying <strong>and</strong> harassment in the workplace.<br />
The following are some steps that you <strong>and</strong> your work colleagues can take to<br />
minimise <strong>and</strong> prevent bullying.<br />
Acknowledge that bullying can exist in any workplace. The Dignity <strong>and</strong> Respect<br />
in the Workplace Charter sets out the steps necessary to create a harmonious<br />
<strong>and</strong> bully-free workplace. Support <strong>and</strong> involvement from senior management<br />
is essential in effecting change to prevent bullying before it becomes a problem.<br />
Occupational Health <strong>and</strong> <strong>Safety</strong> Committees <strong>and</strong> OHS Representatives are<br />
ideally placed to deal with these issues.<br />
Under workplace OHS consultative arrangements you:<br />
• Must be consulted about minimising risks in your workplace.<br />
• Will be able to obtain high-level support, through workplace consultation<br />
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processes, from senior management for implementing a comprehensive<br />
strategy to address bullying.<br />
• Will be able to develop, through OH&S consultative processes <strong>and</strong><br />
adoption <strong>of</strong> the Dignity <strong>and</strong> Respect in the Workplace Charter, a<br />
Workplace Code <strong>of</strong> Conduct that prohibits bullying.<br />
You Should Ensure That Your Organisation:<br />
• Regularly distributes <strong>and</strong> promotes your Workplace Code Of Conduct at<br />
all levels <strong>of</strong> the organisation in plain, easy-to-underst<strong>and</strong> English.<br />
• Provides the Dignity <strong>and</strong> Respect in the Workplace Charter, Workplace<br />
Code Of Conduct <strong>and</strong> other relevant information to new staff as a<br />
st<strong>and</strong>ard part <strong>of</strong> induction.<br />
• Translates the Dignity <strong>and</strong> Respect in the Workplace Charter <strong>and</strong><br />
Workplace Code Of Conduct into relevant community languages where<br />
required so it is accessible to employees from non-English speaking<br />
backgrounds.<br />
• Periodically reviews the Workplace Code Of Conduct to ensure it is<br />
operating effectively <strong>and</strong> contains up to date <strong>and</strong> relevant information;<br />
• Displays anti-bullying posters, relevant information <strong>and</strong> brochures on<br />
notice boards in common work areas.<br />
• Educates general staff on issues related to workplace bullying.<br />
• Provides appropriate training in managing workplace relationships to all<br />
managers <strong>and</strong> supervisors to ensure that the workplace is free from bullying.<br />
• Discusses <strong>and</strong> reinforces the Workplace Code <strong>of</strong> Conduct at staff meetings.<br />
Verbal communication <strong>of</strong> the policy is particularly important in workplaces<br />
where the literacy <strong>of</strong> staff may be an issue. This is a responsibility <strong>of</strong><br />
managers <strong>and</strong> supervisors.<br />
• Ensures that managers model appropriate st<strong>and</strong>ards <strong>of</strong> pr<strong>of</strong>essional<br />
conduct at all times.<br />
• Has grievance procedures, a code <strong>of</strong> conduct <strong>and</strong> disciplinary procedures<br />
that all make specific reference to the issue <strong>of</strong> bullying in the workplace<br />
<strong>and</strong> have clear guidelines to deal with complaints.<br />
• Makes sure that managers <strong>and</strong> supervisors are aware <strong>of</strong> high-risk situations<br />
that are likely to create opportunities for workplace bullying.<br />
• Develops strategies to identify, minimise, <strong>and</strong> prevent bullying from<br />
emerging under these situations<br />
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Managing the risk<br />
Workplace bullying <strong>and</strong> harassment are viewed as a psychological hazard <strong>and</strong> a<br />
real risk to health <strong>and</strong> safety <strong>and</strong> need to be managed like any workplace hazard.<br />
Risks associated with bullying must be addressed in the employer’s overall<br />
risk management program. Your union can assist in identifying, assessing <strong>and</strong><br />
controlling workplace risks associated with bullying behaviour <strong>and</strong> workplace<br />
harassment.<br />
Workplaces must develop policies <strong>and</strong> procedures to prevent bullying behaviour.<br />
Your union can assist in the development <strong>of</strong> such policies <strong>and</strong> procedures<br />
through the adoption <strong>of</strong> the Dignity <strong>and</strong> Respect in the Workplace Charter.<br />
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What can unions do?<br />
<strong>Union</strong>s can:<br />
• Provide the necessary training <strong>and</strong> information for members, delegates<br />
<strong>and</strong> safety representatives to deal with <strong>and</strong> resolve complaints involving<br />
bullying behaviour.<br />
• Maintain confidentiality regarding all complaints <strong>and</strong> enquiries.<br />
• Provide support in cases <strong>of</strong> bullying <strong>and</strong> harassment. A kit has been<br />
developed by <strong>Union</strong>s <strong>NSW</strong> specifically for <strong>Union</strong> organisers to give them<br />
an easy guide to h<strong>and</strong>ling bullying issues in the workplace. Contact your<br />
<strong>Union</strong> <strong>of</strong>fice or more details.<br />
• Develop workplace dispute settlement procedures, negotiating directly with<br />
the employer to ensure workplace policies <strong>and</strong> procedures are in place.<br />
• Include relevant OHS Clauses in enterprise agreements. An example <strong>of</strong> a<br />
draft clause is as follows:<br />
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Enterprise bargaining agreement<br />
Workplace bullying – model clause<br />
Workplace bullying is unreasonable <strong>and</strong> inappropriate behaviour that<br />
intimidates, <strong>of</strong>fends, degrades, insults or humiliates an employee, or group<br />
<strong>of</strong> employees. Such behaviour may be <strong>of</strong> a physical <strong>and</strong> / or psychological<br />
nature.<br />
Workplace bullying may constitute a breach <strong>of</strong> the Occupational Health <strong>and</strong><br />
<strong>Safety</strong> Act 2000 <strong>and</strong> / or the Anti Discrimination Act 1977 <strong>and</strong> persons found<br />
to have committed such breaches may be subject to penalty.<br />
The parties to this award commit to ensuring reasonable steps are taken to<br />
eliminate bullying in the workplace. This shall be achieved by:<br />
a. Appropriate consultation by the employer with employees <strong>and</strong> their union<br />
regarding behaviour that may constitute bullying in the workplace <strong>and</strong>;<br />
b. Appropriate training <strong>of</strong> employees to develop awareness <strong>of</strong> bullying in the<br />
workplace <strong>and</strong>;<br />
c. Development <strong>of</strong> a procedure to deal with complaints relating to workplace<br />
bullying.<br />
• Assist representatives <strong>and</strong> committees in the process <strong>of</strong> conducting a<br />
risk assessment<br />
• Assist members in their workers compensation claims <strong>and</strong> rehabilitation<br />
• Represent victims in the Workers Compensation Commission,<br />
conciliation <strong>and</strong>/or arbitration in industrial tribunals <strong>and</strong> pursue cases<br />
in the Industrial Commission or other relevant jurisdictions<br />
• Monitor the WorkCover claim history <strong>of</strong> your workplace to establish if<br />
patterns are developing<br />
• Prosecute employers for breaches <strong>of</strong> the OHS Act <strong>and</strong> Regulation<br />
• Arrange for counselling for those affected by workplace bullying.<br />
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Bullying <strong>and</strong> harassment checklist<br />
Sometimes, organisational factors can contribute to an atmosphere that leads<br />
to bullying behaviour. The checklist provides some pointers – you can add<br />
more that may be relevant to your organisation.<br />
PART A: Organisational Factors<br />
CHECKLIST YES NO<br />
Name_______________________Workplace_______________________________<br />
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1. Does this workplace have a Code Of Conduct policy developed<br />
in consultation with employees?<br />
2. Has the organisation signed the Dignity <strong>and</strong> Respect<br />
Workplace Charter?<br />
3. Are all job descriptions clearly defined?<br />
4. Are grievance <strong>and</strong> investigation procedures for incidents<br />
involving alleged workplace bullying complaints in place?<br />
5. Does this workplace have hazard reporting procedures in<br />
place for reporting workplace bullying <strong>and</strong> violence?<br />
6. Have supervisors <strong>and</strong> managers been trained to recognise<br />
<strong>and</strong> deal with workplace bullying?<br />
7. Has awareness been raised amongst staff about bullying<br />
<strong>and</strong> harassment in this workplace?<br />
8. Are workers encouraged to speak up about health <strong>and</strong><br />
safety concerns?<br />
9. Do workers underst<strong>and</strong> that workplace bullying is an<br />
occupational hazard <strong>and</strong> unacceptable?<br />
10. Has your workplace signed up to the Dignity <strong>and</strong> Respect<br />
in the Workplace Charter?<br />
If you have answered NO to any <strong>of</strong> the questions 1-10 above, this may indicate<br />
there is a problem in your workplace <strong>and</strong> you should establish policies <strong>and</strong><br />
procedures or modify existing work practices to minimise the risk <strong>of</strong> bullying.<br />
When conducting your risk assessment for identifying the potential for<br />
psychological hazards use the following checklist. Note that this checklist is<br />
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not exhaustive <strong>and</strong> you may need to consider other factors that may be unique<br />
to your workplace.<br />
PART B: Assessing Risks <strong>of</strong> Bullying?<br />
CHECKLIST YES NO<br />
11. Is the organisation undergoing restructuring, redundancy?<br />
12. Are there competitive work teams in the organisation?<br />
13. Is work over monitored?<br />
14. Are long hours <strong>of</strong> work routinely expected?<br />
15. Do managers expect workers to comply with impossible targets or<br />
time frames?<br />
16. Are workers shouted at or picked on?<br />
17. Are there high levels <strong>of</strong> sick leave?<br />
18. Are there high levels <strong>of</strong> absenteeism?<br />
If you answered YES to any <strong>of</strong> the questions 11 -18 above, this may indicate<br />
there is a problem in your workplace <strong>and</strong> you should contact your union or<br />
OHS representative or visit the <strong>Union</strong>Safe website to see what can be done to<br />
manage the psychological hazards that exist in your workplace.<br />
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