Workplace Health and Safety Queensland New WHS Legislation Key aspects for the passenger transport industry Karen Bow, Principal Advisor Transport Strategy Group Workplace Health and Safety Queensland

Transport and storage non-fatal claims by mechanism Workplace Health and Safety Queensland Data 04/05 to 08/09 Proportion of workdays lost by broad category of mechanism in the transport and storage industry in Queensland

Injury/pain operating vehicle 48% Inadequate seating 19% Uneven ground 12% Working on vehicle 10% Entering/exiting vehicle 4% Miscellaneous 7% Muscular stress claims Passenger Transport Industry Workplace Health and Safety Queensland Data 04/05 to 08/09

Work Health and Safety Act 2011 Key points Primary duty of care Penalties Definition of worker Consultation Work groups and HSRs Ceasing work Executive Officer – due diligence

Image: © The State of Queensland A duty imposed on a person to ensure health and safety requires the person— (a) to eliminate risks to health and safety, so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety, to minimise Duty of care

Person conducting a business or undertaking (PCBU) Primary duty of care A PCBU must ensure, so far as reasonably practicable, the health and safety of: Workers Others Provision and maintenance of a work environment without risks to health and safety Provision and maintenance of safe plant and structures Provision and maintenance of safe systems of work Safe use, handling and storage of plant, structures and substances Adequate facilities for welfare at work of workers Information, training, instruction, supervision Monitor health of workers and conditions of workplace

Likelihood of the hazard or the risk concerned occurring Degree of harm that might result from the hazard or the risk What the person knows, or ought reasonably know, about a hazard or the risk and ways to eliminate or minimise the risk The availability and suitability of ways to eliminate or minimise the risk Only after considering all the above can a PCBU then consider the cost associated with available ways of eliminating or minimising the risk, including whether the cost is disproportionate to the risk Image: © The State of Queensland Reasonably practicable - means taking into account all relevant matters including: Duties of PCBUs Must ensure, so far as is reasonably practicable, the health and safety of workers and other persons

Image: © The State of Queensland Duties of a Worker Must take reasonable care for his or her own health and safety Must take reasonable care not to affect the health and safety of others Must comply with any reasonable instruction given by the PCBU Must cooperate with any reasonable policy or procedure

Obligation to consult Part 5 – Consultation, representation and participation Duty to consult with other duty holders Must as far as reasonably practicable, consult, co-operate and co- ordinate activities with each other Duty to consult workers Must as far as reasonably practicable, consult with workers who are, or are likely to be, directly affected by a matter relating to health or safety at work

Consultation is: sharing relevant information giving workers a reasonable opportunity to express their views, raise issues and contribute to decision making taking workers’ views into account advising workers of the outcome of consultation in a timely manner

Consultation is required when: identifying hazards and assessing risks arising from work making decisions about ways to eliminate or minimise those risks making decisions about adequacy of facilities for the welfare of workers proposing changes that may affect the health and safety of workers making decisions about the procedures for resolving health and safety issues monitoring the health of workers or workplace conditions, information and training or consultation with workers

Image: © The State of Queensland Level 1: - Eliminate the hazard or risk Level 2: - Substitute the hazard with something safer - Isolate the hazard from people - Use engineering controls to minimise the hazard Level 3:- Administrative controls and PPE Eliminating and minimising risks Most effective Least effective – relies on human behaviour and supervision, and used on their own, tend to be least effective in minimising risks

What is Zero Harm? Zero harm is defined as “no harm to anyone, anytime while at work” The Zero Harm at Work Leadership Program provides peer-level support for companies and organisations to improve work health and safety leadership and management and work towards the ‘zero harm’ aspirational goal More information and how to join is available on the WHSQ website

Workplace Health and Safety Queensland Questions? Further information Infoline Website: Sign up on the web for the free subscription service eNEWS