WHS
Risk Management
System
Document 1 WHS Risk Management SystemDate: February 2013
Introduction
The Lord Howe Island Board (LHIB),management, staff and contractors have obligations under the WHS Act 2011 and WHS Regulation 2011 to ensure health and safety in the workplace. LHIB’s Senior Management are committed to taking all reasonable measures to ensure the organisation meets these obligations.
The WHS Risk Management System has been based on the Office of Environment and Heritage (OEH) WHS Risk Management System to ensure alignment with its parent organisation. This alignment enables LHIB to utilise the resources of OEH to assist LHIB to produce policies, procedures and documentation that will ensure its ongoing compliance with the relevant WHS legislation and Government policy requirements.
The WHS Risk Management System has been developed to support a systematic way of managing the various obligations at all levels of the organisation. It aims at being a user-friendly tool to assist in managing the many and diverse hazards associated with work performed by LHIB.
The benefits of implementing such a system include: reduced likelihood of injury to staff, volunteers, contractors and visitors; improved planning processes and decision making around WHS issues; decreased costs and negative impacts associated with workplace injury and illness; decreased likelihood of WorkCover prosecution of LHIB and individual staff members; improved organisational morale and improved image in the community.
To ensure its enduring success, the System will require ongoing monitoring and review, and continuing commitment from all levels of LHIB. The LHIBand Senior Management are committed to WHS management and will strive towards LHIB becoming a leading agency in this area.
WHS Risk Management System
Table of Contents
Overview
WHS Legislation
WHS Risk Management System Framework
System Elements
2. Work Health & Safety Policy Statement
3. WHS Planning
4. Managing Hazards and Associated Risks
4.1 Hazard Identification, Risk Assessment & Control
4.2 Hazard Reporting
4.3 Job Safety Analysis
4.4 Job Safety Briefing (JSB)
5. Safety Incident Reporting & Investigation
6. Consultation on Work Health & Safety Issues
7. WHS Training
8. Managing WHS of Contractors
9. WHS Information
10. Monitoring and Review of WHS
Note: Other LHIB publications that relate to the WHS Risk Management System document include:
- Hazard specific policies and guidelines on EHub
- LHIB Workers’ Compensation & Injury Management Policy and Procedures
- PWG Fire Management Manual
WHS Risk Management SystemWHS Legislation
Overview
WHS Legislation
Introduction
Work health and safety and workers compensation legislation in NSW imposes significant obligations upon all employers including the NSW Government.
The legislation is based on these key mandatory principles:
- preventing, as far as possible, work related injury and illness through systematically identifying, assessing and controlling workplace risks
- the return to work of injured employees as soon as is practicable, and to suitable duties
- consultation with workers on issues affecting the health, safety and welfare of workers, clients and visitors and having in place appropriate consultation arrangements, such as elected WHS Committees, Health & Safety Representatives, and other agreed arrangements, to assist employers in meeting their 'duty to consult'
Government corporations and agencies must be able to show that their policies and procedures are based on these principles. Failure to do so could result in significant penalties.
The Work Health and Safety Act 2011requires employers to consult with workers about issues that might affect their health, safety and welfare and to share information with them about these issues. It also requires employers to give workers the opportunity to express their views and contribute their ideas for resolving WHS issues in a reasonable timeframe. The Act requires employers to value workers’ views and take them into account when making decisions.
The Work Health and Safety Regulation 2011reinforces the right of workers to be directly involved in identifying and controlling hazards, and in reviewing the effectiveness of procedures.
Employers, however, remain responsible for identifying any foreseeable hazards in their workplaces or associated with their operations. This could include assessing the risks associated with work practices and systems, shift arrangements, plant, hazardous substances, hazardous manual tasks, the layout and condition of the workplace, biological organisms, products or substances and occupational violence.
The Workplace Injury Management and Workers Compensation Act 1998 is designed to ensure:
- prompt medical attention to workers’ injuries
- certainty about appropriate income support for injured workers
- timely and sound decisions by insurers
- a reduction in the number of disputed claims
- the prompt resolution of any disputes
The legislation also emphasizes the need for early intervention and effective return to work strategies including provision of suitable alternative duties.
The Work Health and Safety Act 2011and Work Health and Safety Regulation 2011constitute the main legislative framework for injury prevention in NSW, supported by a range of approved industry Codes of Practice.
Of particular importance is the emphasis on a systematic approach to WHS.
Diagram 1.1 WHS Regulatory Regime
Work Health and Safety Act 2011
The Work Health and Safety Act 2011(WHS Act) is the principal legislation which codifies the right to a safe and healthy working environment.
Definitions
A “person conducting a business or undertaking” (PCBU) includes all employers, and includes the Crown. The Lord Howe Island Board is a PCBU.
A “worker” is a person who carries out work in any capacity for a PCBU. Workers include employees, contractors or subcontractors, employees of contractors or subcontractors, labour hire staff, outworkers, apprentices & trainees, work experience students and volunteers.
A “workplace” is a place where work is carried out for a business or undertaking, and includes any place where a worker goes, or is likely to by, while at work.
An “officer” is a person who makes or participates in making decision that affects the whole, or a substantial part, of the PCBU. This includes an officer of the Crown. Within LHIB, the officers are likely to be the members of the Senior Management Team.
Duties of a PCBU
The WHS Act imposes the following primary duty of care on a PCBU:
- Section 19(1) requires a PCBU to ensure, so far as is reasonably practicable, the health and safety of workers while they are at work.
- Section 19(2) requires a PCBU to ensure, so far as is reasonably practicable, that the health and safety of other persons (e.g. visitors) is not put at risk from work carried out by the PCBU.
- Section 19(3) requires a PCBU to ensure, so far as reasonably practicable:
- The provision and maintenance of a work environment without risks to health and safety
- The provision and maintenance of safe plant and structures
- The provision and maintenance of safety systems of work
- The safe use, handing and storage of plant, structures and substances
- The provision of adequate facilities for the welfare at work of workers in carrying out work for the PCBU
- The provision of information, training, instruction and supervision necessary to protect all persons from risks to health and safety arising from work carried out
- That the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the PCBU
- Section 47(1) imposes a duty on PCBUs to consult with workers who carry out work for the PCBU, on matters relating to work health and safety. Section 49 outlines the circumstances where consultation is required. Divisions 3 and 4 outline the role of health and safety committees and health and safety representatives in the consultation process.Whatever consultation mechanisms are agreed to, the PCBU must ensure that workers are given an opportunity to express their views, and that their views are taken into account in resolving WHS issues. However, while the WHS Act promotes jointly agreed outcomes, ultimate responsibility and accountability for WHS decisions rest with the PCBU. This includes responsibility and accountability for minimising hazards for workers and others in the workplace.
- Section 46 imposes a duty to consult with other duty holders, for example, controllers of premises, labour hire agencies, suppliers of plant, equipment or substances.
Duties of controllers
The WHS Act (Section 20) imposes a duty on PCBUs involving management or control of workplaces. A PCBU with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace, and anything arising from the workplace are without risk to the health and safety of any person. Government agencies that have some control over premises, even though they do not directly employ those working there, will have this duty of care. This would include, for example, agencies which lease out premises, those responsible for maintenance and repairs to work premises, and those which commission contractors to undertake projects on behalf of the government.
Duties of officers
Section 27 - An officer of a PCBU must exercise due diligence to ensure that the PCBU complies with its duties and obligations under the WHS Act. Due diligence is defined as taking reasonable steps to:
- Acquire and keep up-to-date knowledge of WHS matters
- Gain an understanding of the nature of the operations of the PCBU, and the hazards and risk associated with those operations
- Ensure that the PCBU has available, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety
- Ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards and risks, and responding in a timely way to that information
- Ensure the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU
- Verify the provision and use of the resources and processes referred to above
Duties of workers
While employers have the primary duty of care under the WHS Act, workers also have responsibilities. Section 28 of the WHS Act requires workers, whilst at work, to:
- Take reasonable care for their own health and safety
- Take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons
- Comply with any reasonable instruction given by the PCBU to allow compliance with the WHS Act
- Co-operate with any reasonable policy or procedure of the PCBU relating to health and safety in the workplace
In addition, workers who are WHS committee members or Health & Safety Representatives have additional roles and responsibilities, as outlined in the Consultation chapter of the WHS Risk Management System.
Penalties
Division 5 of the WHS Act outlines offences and penalties for breaches of the Act. Offences fall into 3 categories with penalties relevant to individuals, PCBUs and officers. Individual offences include workers.
Category 1: Reckless conduct – where a person engages in conduct that exposes an individual to a risk of death or serious injury or illness, and the person is reckless as to the risk.
Individual - $300,000 or 5 years imprisonment or both
PCBU or Officer - $600,000 or 5 years imprisonment or both
Category 2: Failure to comply with a health and safety duty – where a person fails to comply with a duty under the WHS Act, and that failure to comply exposes and individual to a risk of death or serious injury or illness
Individual - $150,000
PCBU or Officer - $300,000
Category 3: Failure to comply with health and safety duty – where a person fails to comply with a duty under the WHS Act.
Individual - $50,000
PCBU or Officer - $100,000
Summary
The WHS Act outlines the broad duties of all parties including employers, controllers and workers. The Act also describes how consultation between employers and workers should be ensured, and prescribes penalties for offences. These penalties include government agencies, government corporations and officers of government corporations.
Work Health and Safety Regulation 2011
While the WHS Act sets out the broad duties of parties, the Work Health and Safety Regulation 2011(the WHS Regulation) prescribes the ways in which people should carry out their duties of care.
The WHS Regulation has 11 Chapters, addressing various health and safety matters
Chapter 1 - Preliminary
This is a general introduction to the regulation.
Chapter 2 – Representation and participation
This chapter outlines the processes and duties relating to representation (work groups, health and safety representatives), issue resolution, cessation of unsafe work and workplace entry by WHS entry permit holders
Chapter 3 – General risk and workplace management
This chapter includes general provisions for managing risks to health and safety, and general workplace management, including first aid, emergency plans, PPE, remote & isolated work, hazardous atmospheres, storage of flammable or combustible substances and falling objects.
Chapter 4 – Hazardous work
This chapter addresses the specific requirements for managing risks associated with various categories of hazardous work, including noise, hazardous manual tasks, confined spaces, falls, demolition work, electrical safety and diving work. Part 4.5 outlines the specific requirements for High risk work, including licensing and accreditation requirements. High risk work includes scaffolding, dogging and rigging, forklift operation and crane & hoist operation.
Chapter 5 – Plant and structures
This chapter outlines duties relating to plant and structures, including duties of PCBUs who install, construct or commission plant or structures, and PCBUs who manage or control plant.
Chapter 6 – Construction work
This chapter outlines the specific requirements for managing risk associated with construction work. It includes definitions of ‘construction work’ and ‘high risk construction work’. The duties of a principal contractor are outlined, as well as construction induction training requirements.
Chapter 7 – Hazardous chemicals
This chapter outlines the duties of PCBUs in managing the risks associated with hazardous chemicals, including hazardous chemical registers, labeling, placards, emergency plans, storage and handling, health monitoring, induction, information, training and supervision. It also outlines the duties of those who manufacture and supply hazardous chemicals. Part 7.2 relates specifically to Lead, including lead risk work and health monitoring.
Chapter 8 – Asbestos
This chapter outlines duties specific to risks relating to asbestos. It outlines the specific requirements for asbestos registers, demolition and refurbishment, asbestos removal work, health monitoring and training, as well as licensing of asbestos removalists and asbestos assessors
Chapter 9 –Major hazard facilities
This chapter relates to facilities where certain hazardous chemicals (Schedule 15 chemicals) are kept in significant quantities.
Chapter 10 – Mines
Relates to mines – this chapter has not been adopted in NSW.
Chapter 11 - General
The final chapter covers general matters including review of decisions under the Regulation and Exemptions.
Summary
The WHS Regulation encourages a systematic and consistent approach to health and safety by providing detailed information about effective consultation, risk assessment, hazard control and licensing and reporting requirements.
Codes of practice
Both the WHS Act and WHS Regulation contain mandatory health and safety provisions. The remaining section of the regulatory framework, Codes of Practice, takes a slightly different approach. Codes of Practice are not mandatory (unless specifically stated in the legislation), but they should be followed unless there is a better alternative. A person or organisation cannot be prosecuted for failing to comply with a Code of Practice. However, in legal proceedings, failure to observe a Code of Practice may be used as evidence of failure to comply with the provisions of the WHS Act or Regulation.
Codes of Practice help employers to meet their obligations with regard to specific issues. They set out an approach, but not the only approach, to a particular issue. The issue may be how to carry out a particular kind of work or how to deal with a common health and safety problem. For example, the Code of Practice for Confined Spacesis designed to deal with that specific work situation and the Code of Practice for Managing Noise and Preventing Hearing Lossprovides information about dealing with the problem of noise in the workplace.
Other guidance
In addition to the legislative framework there is a wide range of material available that canhelp people to understand and meet their obligations. This includes:
- publications from WorkCover NSW and Safe Work Australia
- Australian and International Standards
- information produced by other government agencies, industry associations and unions
- operation and maintenance manuals, Material Safety Data Sheets and related information from designers, manufacturers and suppliers of equipment and substances
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WHS Risk Management SystemWHS Risk Management System Framework
WHS Risk Management System Framework
How do we implement the Work Health & Safety Risk Management System?
The Lord Howe Island Board will implement the Work Health & Safety Risk Management System at all workplaces. A workplace for the purposes of this document is a location at which any LHIB activities are being carried out. The Work Health & Safety Risk Management System will be based around the following elements;
Planning
LHIB recognises that the successful implementation of a Work Health & Safety Risk Management System requires an effective planning process with well defined and measurable outcomes. To this end LHIB will:
- Maintain plans to manage and control the implementation and enhancements to the Work Health & Safety Risk Management System.
- Develop specific WHS plans to manage Work Health & Safety issues.
- Develop and measure key performance indicators to measure safety performance.
- Ensure that all plans and objectives are realistic, achievable and communicated to all personnel.
Implementation