WHSMS ManualWHS 9-002
Work Health and Safety Management System
WHSMS Manual
Version 2.1: Issued – 01.06.20161
WHSMS ManualWHS 9-002
Table of contents
1.Purpose
2.Scope
3.Definitions/Abbreviations
4.References
5.Responsibilities
6.Work Health and Safety (WHS) Policy
7.Planning
8.Implementation and operation
9.Measurement and evaluation
10.Management review
11.WHSMS Manual review
12.Document history
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1.Purpose
Through leadership and individual commitment, the Department of Justice is committed to ensuring that no person will suffer a preventable injury and/or illness. The protection of our people is paramount. At times, we require personnel to operate in environments of high risk due to the nature of Justice’s operations. However, at all times we will manage the risk to ensure that when risks are undertaken they are understood, accounted for, and integrated into our plans and the way we operate.
This WHSMS Manual defines the Work Health and Safety Management System (WHSMS) at the Department of Justice (DoJ). It outlines the core elements required by the WHSMS and their interaction, in compliance with AS/NZS 4801:2001 Occupational Health & Safety Management Systems – requirements and AS/NZS 4804:2001 Occupational Health & Safety Management Systems – specifications with guidance for use.
This Manual details the responsibilities and accountabilities together with the documentsof the system in the form of policies, procedures, forms, templates, guidelines, plans and processes that form the Department’s WHSMS to provide aconsistent approach to work health and safety within the Department.
2.Scope
This document applies to all Department of Justice activities across the controlled entities it manages and supports.
It applies to personnel in all Department of Justice workplaces, including:
- Department of Justice employees and workers
- Visitors to DoJ workplaces
- Inmates detained in the prison and offenders on parole or on community work orders
- Members of the public e.g. visiting court, visiting inmates, etc.
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3.Definitions/Abbreviations
3.1 Definitions
Term / DefinitionConsultation / A discussion between management and employees on safety and health related issues, aimed at exchanging views, ascertaining the employees’ opinions, taking these opinions into consideration, and attempting to reach a consensus, so as to foster participation, involvement and cooperation.
Controlled Entity / Department controlled entities (Outputs) include entities where DoJ can control decision making, directly or indirectly, in relation to financial and operating polices so as to enable the entity to operate with it in pursuing the objectives of the Department.
Entities include:
- Direct Outputs: Tasmanian Prison Service, Supreme Court, etc.
- Indirect Outputs: Tasmanian Industrial Commission, Mental Health Tribunal, etc.
- Indirect Outputs with Service Level Agreements: Integrity Commission, Macquarie Point Development Corporation, etc.
Governance / Defining each person’s role, responsibility and accountability within the business for health and safety
Induction / The process of introducing new workers to the company; their work, their supervisors and their fellow workers.
Monitoring / All methods of validating required safety performance including audits, reviews, inspections, observations and investigations
Notifiable Incident / Notifiable incidents are described in the WHS Act 2012 to mean, the death of a person or a serious injury or illness of a person or a dangerous incident.
Output / A discreet division / section / component of the Department of Justice. For example, Tasmania Prison Service, Magistrates Courts, Library Services
Risk Register / A central register of all risks or several risk registers identified by the organisation and for each risk includes a risk ranking based on likelihood and consequence, impact and control strategies.
Safety Management System / A set of policies and procedures designed to address health and safety issues in a systematic and integrated way.
Safety Plan / A strategic action plan that forms part of the business plan, usually over a year. It should have a budget.
Supervision / Authorized and delegated control, direction and oversight of activities.
Worker / Is a person who carries out work in any capacity for a PCBU in its workplace.
Workplace / Is a place where work is carried out, including any place where a worker goes or is likely to be while at work.
Workplace Training / Training in internal policies, procedures and practices that apply within the workplace.
Can include accredited external training requirements, for example emergency response.
3.2Abbreviations
Abbreviation / What it stands forAS/NZS / Australian / New Zealand Standard
DoJ / Department of Justice (also known as the Agency)
ED 23 / Employment Directive No.23 – Workplace Health and Wellbeing
ED 27 / Employment Directive No.27 – Work Health and Safety
HSR / Health and Safety Representative
PCBU / Person Conducting a Business or Undertaking
SSMO / State Service Management Office
WHS / WH&S / Work Health & Safety
WHSEC / Work Health & Safety Executive Committee
WHSMS / Work Health & Safety Management System
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4.References
AS/NZS 4801:2001 Australian and New Zealand Standard Occupational health and safety management systems – Specifications with guidance for use
AS/NZS 4804:2001 Australian and New Zealand Standard Occupational health and safety management systems – General guidelines on principles, systems and supporting techniques
Work Health and Safety Act 2012
This is the principal legislation that drives WHS. This Act provides the framework to protect the health, safety, and welfare of all personnel and others who might be affected by Agency operations. The WHS Act aims to:
- Protect the health and safety of workers and other people by eliminating or minimising risks arising from work or workplaces.
- Ensure fair and effective representation, consultation and cooperation to address and resolve health and safety issues in the workplace.
- Encourage unions and employer organisations to take a constructive role in improving work health and safety practices.
- Assisting Outputs and workers to achieve a healthier and safer working environment.
- Promote information, education, and training on work health and safety.
- Provide effective compliance and enforcement measures, and
- Delivering continuous improvement and progressively higher standards of workplace health and safety.
Work Health and Safety Regulations 2012
The WHS Regulations identify specific requirements that must be implemented to address certain categories of risk and sets out in general terms the methodology that must be used to manage other risks specifically.
The WHS Regulations are made up of two parts. The first part is what will impact the workplace generally, that is, those that regulate health and safety matters which are common to almost all workplaces. The second part addresses specific high risk health and safety issues which arise as a consequence of the type of work being performed or the type of hazards encountered within the workplace.
Safe Work Australia Codes of Practice relevant to Agency activities
A Code of Practice is a practical guide to achieving the standard of safety required by WHS legislation. Codes of Practice are admissible in court proceedings and should be followed unless there is an alternative course of action, which achieves the same or better standard of health and safety in the workplace.
The model codes of practice issued by Safe Work Australia have been determined as appropriate codes of practice by Worksafe Tasmania.
Australian Standards relevant to Agency activities
Australian and New Zealand Standards are developed by Standards Australia to assist in managing specific risks. Some are called up in WHS legislation, but most are provided as guidance.
5.Responsibilities
5.1Officers of the Agency
Officers of the Agency must exercise due diligence to ensure compliance by the PCBU (Crown) with its health and safety obligations.
The Officers of the Department of Justice are the:
- Secretary
- Deputy Secretary, Corrections
- Deputy Secretary, Administration of Justice.
The Officers have a duty of due diligence to:
- Fully understand how the business operates
- Be aware of the common risks that exist within the business, in particular higher-risk hazards
- Understand the level of risk associated with each hazard
- Know what the appropriate controls for those hazards are
- Ensure appropriate resources are allocated to eliminate the risk of those hazards causing work-related harm.
Officers must ensure that the PCBU complies with its duty to ensure safe management systems used by the PCBU enable all persons in the workplace to be safe from work-related harm, and act effectively to prevent work-related harm.
This means:
- Identifying hazards, risk management, resource allocation and system development.
5.2Managers & supervisors
Managers and supervisors have a primary duty (general duty) under WHS legislation to:
- Ensure that, so far as reasonably practicable, the health and safety of workers while at work
- Ensure that so far as reasonably practicable that the health and safety of other persons is not put at risk
- Provide and maintain a work environment without risk to health and safety
- Provide and maintain safe plant and structures
- Ensure the safe use, handling and storage of plant, structures or substances
- Provide adequate facilities for the welfare of workers, including access
- Provide information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety
- Ensure that the health of workers and conditions in the workplace are monitored for the purpose of preventing illness or injury.
Managers and supervisors are also responsible for:
- Knowing and understanding the company’s WHS obligations
- Ensuring that an appropriate WHSMS is developed and effectively implemented through resourcing, supervision and training
- Implementing regular internal and external safety audit programs, including safety inspections
- Overseeing appropriate workplace consultative processes
- Ensuring safety concerns (hazards) are raised and incidents are reported and effectively investigated; especially serious safety incidents
- Ensuring systems are in place to identify hazards and assess and control risk
- Challenging unsafe behaviour
- Requiring regular reporting on how WHS is maintained in the workplace
- Keeping records.
5.3Workers, including contractors
The WHS Act obliges workers 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 others
- So far as reasonably able, comply with lawful instructions given, requiring compliance with the WHS Act
- Cooperate with any reasonable policy or procedure relating to health or safety in the workplace that the worker has been told about.
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6.Work Health and Safety (WHS) Policy
The Department of Justice’s Work Health and Safety Policy (DoJ WHS Policy) is the over-arching document of the WHSMS.
This Policy is approved by Secretary of the DoJ. The policy was developed after consultation with staff and unions. The Agency communicates its commitment to safety via this Policy to personnel, contractors and others. This is achieved primarily through induction processes, meetings, noticeboards, work health and safety plans, and through the Department’s Intranet site.
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7.Planning
7.1Hazard and Risk Management
7.1.1Risk Management
There must be a documented method for the identification, assessment and control of WHS hazards and their associated risks. The detailed requirements are described in the Risk Management Procedure.
7.1.2Risk Management Tools
A risk rating matrix has been developed in order to assess the likelihood and consequence of a risk causing harm – Risk Rating Matrix.
A list of typical hazards likely to require risk controls across the Agency has also been developed – WHS List of Typical Hazards.
Further a list of fifteen Common Hazards Across the Agency to which workers within the Department are exposed to.
An approved risk assessment tool must be available for use across the Department. The details are described in the Risk Assessment Form.
7.1.3Output WHS Hazard / Risk Registers
Each Output (Direct or Indirect) must produce a Hazard / Risk Register detailing the WHS risks associated with their operations. The register must include the likely impact of risks, causes and risk rating as well as the treatment strategies or controls in place to minimise identified risks. The details are described in therisk management procedure.
A Hazard / Risk Register Template can be found at Hazard / Risk Register Template.
7.1.4WHS Hazard / Risk Register
The Department maintains a consolidated WHS Risk Register from 7.1.3 above, detailing the WHS risks associated with allof itsoperations (Agency Risk Profile).
The register allows for the Officers of the Agency to gain a clear understanding of the risk profile of the Department.
Preventative and corrective actions identified as a result of review of the risk registers, where risks are not rated as low as reasonably practical (ALARP), must be tracked to completion.
7.1.5Management of Change
The Department must ensure its risk management procedures include the risks associated with changes to procedure, process, materials or equipment. The details are yet to be described in aManagement of Change Procedure.
7.2Legal & other requirements
The Department of Justice shall maintain a documented set of procedures that include legal requirements that are directly applicable to the activities, products or services, including relevant relationships with contractors or suppliers. The details are described in the Legal and Other Requirements Procedure.
The DoJ subscribes, where appropriate, to relevant online software packages that allow for regular updates on changes to WHS legislation. The use of tools such as Safety Law is described in the procedure.
7.3WHS plans
WHS Plans for the financial year are developed to drive safety performance improvement and the implementation of an effective WHSMS. The plans identify actions to:
- Address poor performing areas of work and / or activities involving high risk to health and safety within the Agency with the aim to improve performance and or reduce risk
- Achieve compliance with AS/NZS 4801:2001 by end of 2016
- Achieve compliance with the WHS Act by end of 2016.
The WH&S Plan should also include elements for a health and wellbeing program as a proactive approach to improving health and safety across the Agency.
An Annual WH&S Plan is approved by the Secretary and progress needs to be reported six-monthly to SSMO and more frequently to the Agency Executive. The Annual WH&S Plan is to be used by Outputs as part of their annual planning process to ensure they assist in delivering the outcomes of the plan. Hazard and incident data will be used to assist in developing the objectives. Regular reporting on progress against the plan is required e.g. quarterly.
A Strategic Plan or WHSMS Roadmap has been prepared to outline the activities over the 3 years (2014-2016) of the development of an effective WHSMS for the Agency and to achieve the Department’s compliance objectives for WHS. Actions must be measurable.
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8.Implementation and operation
8.1Resources
The Department of Justice must identify and allocate financial and physical resources to enable the effective implementation of the WHSMS. These resources must be provided for in budget allocation to WH&S and in the WHS budget of each Output.
8.2Responsibility, accountability and authority
The WHS roles and responsibilities for staff and students are detailed in the Roles & Responsibilities Procedure for all personnel within the Department, including contractors used by and visitors to the Department.
The Agency Executive are the Officers of the Agency and are ultimately accountable for health and safety matters within the Department and its controlled entities. However the Agency Executive may choose to delegate responsibility for specific matters where appropriate. For example the Deputy Secretary Corrections may delegate responsibilities under the Corrections Act 1997 to the Director of the Tasmanian Prison Service.
8.3Competence, training and awareness
The requirements for training and competence are detailed in the WHS Training Guidelines Procedure and supported by the Department’s Training Policy.
Where possible the DoJ will provide supporting systems such as a training database to allow for efficient and timely gathering and reporting of training and competence of its workers.
8.4Consultation,communication, reporting
8.4.1Consultation
The primary method for consultation must be through direct communication with Health & Safety Representatives (HSR’s), staff and WHS Managers/Officers / Advisors. Unions need to be part of the consultation process as well.
The requirements for WHS consultation are detailed in theConsultation, CommunicationProcedure.
The consultation process is supported by the following flowcharts:
- Consultation & Communication Flowchart – When to Consult
- Consultation & Communication Flowchart – Procedures
If health and safety issues are proving difficult to resolve, then the process outlined in the Issue Resolution Flowchart should be used.
Consultation can be undertaken in a number of forums from the Work Health & Safety Executive Committee (refer to the WHSEC Terms of Reference), through the Output WHS Committees (refer to the respective WHS Committee Terms of Reference), to direct involvement of elected and nominated Health & Safety Representatives and workers.
Outputs are encouraged to nominate &/or elect Health and Safety Representatives (HSR’s) and implement consultative WHS Committees.
8.4.2Internal Communication
The DoJWHS Policy, WHS documentation and all other relevantWHS information must be communicated to employees, contractors and visitors through the following media as appropriate:
- DoJ Intranet website; Work health and safety and Health and wellbeing sites
- Targeted or global emails to employees
- WHS induction and orientation processes
- Contacting WHS by phone or email
- Output Toolbox Meetings and other suitable forums
- DoJ publications, such as JustNews
- Safety manuals/Safe Operating Procedures/Safe Work Instructions
- Safety signage.
8.4.3External Communication
The Department must establish, implement and maintain a process for communicating with contractors and other visitors to the workplace; and receiving, documenting and responding to relevant communications from external interested parties, including complaints. The details are described in the Consultation, Communication Procedure.