WHS & The Risk Management Process ALC Logistics Safety Code audits MANAGING HEALTH & SAFETY RISKS

What the Law Says…. The WHS Act and Regulations (2011) require persons who have a duty to ensure health and safety to ‘manage risks’ by eliminating health and safety risks so far as is reasonably practicable, and if it is not reasonably practicable to do so, to minimise those risks so far as is reasonably practicable. Section 20 (1) OHS Act (Vic) 2004

Risk management should: Create value Be an integral part of organisational processes Be part of decision making process Be a systematic and structured process Be tailorable Be transparent and inclusive Be capable of continual improvement and enhancement Be continually or periodically re-assessed Principles and guidelines - Principles of risk management AS/NZS ISO 31000:2009 Risk management

HVNL SECTION 10.4 (Part 623): DUTY TO ASSESS AND MANAGE RISK OF SPEEDING & FATIGUE: A party in the chain of responsibility for a heavy vehicle charged with a speeding offence or fatigue management offence is to be regarded as having taken all reasonable steps if the party did all of the following to prevent the act or omission that led to the contravention to which the offence relates— (a) identified and assessed the aspects of the activities of the party, and relevant drivers for the party, that may lead to a relevant contravention by a relevant driver for the party; (b) for each aspect identified and assessed under paragraph (a), identified and assessed— (i)the risk of the aspect leading to a relevant contravention; and (ii) if there is a substantial risk of the aspect leading to a relevant contravention— the measures the party may take to eliminate the risk or, if it is not reasonably possible to eliminate the risk, to minimise the risk; (c) carried out the identification and assessment mentioned in paragraphs (a) and (b)— (i) at least annually; and (ii) after each event that indicated the way the activities the subject of the identification and assessment are being carried out have led, or may lead, to a relevant contravention;

From the Heavy Vehicle National Law Regulation Impact Statement September 2011: “the applicant has demonstrated the capacity and competence to operate safely by, amongst other things, providing evidence that a rigorous risk assessment has been undertaken and that risk controls have been determined”

Chain of Responsibility HVNL Section 10.4: Duty to Assess and Manage Risk of Speeding & fatigue: This clause applies to: (a) the employer of an employed driver of a heavy vehicle, and (b) the prime contractor of a self-employed driver of a heavy vehicle, and (c) the operator of the heavy vehicle if the driver is to make a journey for the operator, and (d) the scheduler of: (i) transport by a heavy vehicle, or (ii) a driver of a heavy vehicle, and (e) the loading manager of goods for transport by a heavy vehicle, and (f) the consignor of goods for transport by a regulated heavy vehicle, who carries on business of which a substantial part is prescribed business, and (g) the consignee of goods for transport by a regulated heavy vehicle, who carries on business of which a substantial part is prescribed business.

Definitions of key terms Hazard A Hazard is a source or situation with a potential for harm in terms of human injury, health damage to property, damage to the environment or a combination of these. (Australian Standard/4810: 2001 Occupational Health & Safety Management Systems) Risk is the possibility that harm (death, injury or illness) might occur when exposed to a hazard. Risk control means taking action to eliminate health and safety risks so far as is reasonably practicable, and if that is not possible, minimising the risks so far as is reasonably practicable.

What is involved in managing risks? Management commitment Effective risk management starts with a commitment from management Requires the involvement and cooperation of workers.

A step-by-step process You must eliminate or minimise health and safety risks arising from your business or undertaking. This process is known as risk management and involves the four steps: identify hazards assess risks control risks review control measures

The Risk Management Process

When should a risk management approach be used? Changing work practices Purchasing new or used equipment New information about workplace risks Responding to workplace incidents Responding to workers concerns Required by the WHS, CoR or other legislation/regulations

The Risk Assessment Process 1. Identify Hazard 2. Determine the Consequence rating 3. Determine the likelihood rating 4. Using the risk matrix 5. Determine risk controls required to eliminate or minimise the risk

Sample Risk Matrix Table 1

Sample Risk Matrix Table 2

Risk Controls Risk controls measures that lead to the risk of a hazard being reduced or eliminated. The Hierarchy of Control is a list of the categories of control measures used to eliminate or minimise exposure to the hazard.

Example – Near miss forklift incident ELIMINATION – Discontinue the use of forklifts SUBSTITUTION – Replace forklifts with walkie stacker ENGINEERING – Restrict the speed limit of all forklifts ADMINSTRATIVE – Develop a Traffic Management Plan, Line markings, exclusion zones, SOPs, SWMSs, Training PPE – Wear High Visibility Work wear

Risk Management Models

Process in common….

Completing a Risk Assessment Identify hazards. Evaluate the likelihood of an injury or illness occurring, and its severity. Consider normal operational situations. Review all available health and safety information Keep any documentation or records that may be necessary.

RISK ASSESSMENTS Required For ALC Logistics Safety Code Audits: SPEED FATIGUE TRAFFIC MANAGEMENT

Speed Risk Assessment Look at: Risks & Duties Knowledge & Awareness Duty to ensure terms of consignment will not cause driver to exceed speed limits ADR 65 Speed Compliance (requirements for speed limiters to be fixed to Heavy Vehicles – ( Australian Design Rule: The maximum road speed setting must not be capable of being temporarily increased or removed.”) Validation of speed limiters Compliance to speed limits below 100 kph Schedule Verification Driver Attitude Annual review Work time/rest time Measurement of times Electronic & other records

Fatigue Management Risk Assessment Look at: Risks & Duties Scheduling Knowledge & Awareness Loading Arrangements Time on Site & Rest Facilities Queuing Driver fitness for duty Suitable in cab or on-route rest facilities Contracts Loading arrangements Schedulers Driving whilst fatigued Annual review Work time/rest time Measurement of times Electronic & other records Safe Driving Plans

Traffic Management Risk Assessment Look at: Width of Routes Timing Public Traffic volumes Collision Zones Hitching and unhitching trailers areas Maintenance Works Road surfaces, drainage, flooding, lighting levels, visibility, etc. Hazards & Risks Control measures including layout of barriers, walkways, signs Vehicle types/drivers/pedestrians movements Queuing information Flow of pedestrian & vehicles Frequency of interaction Responsibilities of people managing traffic Induction/Training/Communication for all staff/drivers/visitors/subcontractors

Reasonable steps defence What are reasonable steps? Reasonable steps are the actions people can take to ensure that heavy vehicle drivers do not contravene road transport laws. A ‘reasonable steps’ claim you must prove: they took all reasonable steps to prevent the breach, there were no reasonable steps they could have taken to prevent the breach. ALL reasonable steps must have been taken – not just some.

No restrictions on the ways in which a person can demonstrate that they took reasonable steps; reasonable steps will vary depending on circumstances. Business practices to include methods to identify, assess, control, monitor and review situations that put driver safety at risk. These include: Risk identification – What could happen? Risk assessment – What is the likelihood it may happen? Risk control – What can we do about it, or to prevent it? How can I show I have taken reasonable steps?

Risk Register

WHS POLICIES within ALC Safety Code audits WH&S policy (also looking for systems and procedures to support this policy) Speed Management Policy (looking for a monitoring and management procedure) Driver Health/Fitness for work (looking for a Policy of how company is managing driver fitness for duty)

Policies & Procedures A policy is a system of rules in place within an organisation. Policies describe an organisation's structure, mission and values. A procedure is the manner in which business is conducted. Procedures direct employees how to perform their duties.

CODES OF PRACTICE SAFE WORK AUSTRALIA Admissible as evidence in court - WHS Act & Regulations. May be used as evidence May rely on the code in determining what is reasonably practicable

CODES OF PRACTICE Relevant Codes: Managing the Work Environment and Facilities Work Health & safety Consultation, Co-Operation & Co-ordination How to Manage Work Health & Safety Risks Traffic Management of Workplaces

Standard 10 - Operational infrastructure from ALC Logistics Safety Code Audits : Has a Traffic Management Plan been established after completion of a traffic risk assessment? Demonstrate the risk mitigation implemented from the risk assessment. Unique to each site; A risk assessment, plan & communication; Consider pedestrian controls Floor plan or sketch a site layout Audit Requirements: Observe & record exactly is in place & what is missing.

Standard 10 - Operational infrastructure from ALC Logistics Safety Code audits : Is there an appropriate process in regard to on ‑ site driver amenities and human comforts? Are the driver amenities adequate for the number of persons and the transport task. the nature of the work the nature of the hazards the size, location and nature of the workplace the number and composition of the workers

WORKPLACE AMENITIES Water Toilets Hand washing Showers Outdoor Work Accommodation Record what you see and do not attempt to become a site hygienist. Legislation reference; WHS Regulations 2011, chapter 3 Division 2 General work Environment – 41; NHVL Chapter & 239 as below

Power Point Presentation developed by Sue Archer, OHS/WHS Consultant/HVA - CoR Auditor RABQSA OHS lead Auditor: Certificate: Registered WorkSafe Victoria/WorkSafe OHS Consultant Exemplar Global HVA Auditor: Certificate: PO Box 173, Park Orchards, 3114, Vic. Ph: ; RSP Member: Safety Institute Australia; Reg: WorkSafe; Bus Vic Ref: B M