INTRODUCTION TO THE WORK HEALTH AND SAFETY REGULATIONS IMPLICATIONS FOR EARLY CHILDHOOD CENTRES

WHAT HAS CHANGED? Work Health and Safety Act will replace the NSW OHS Act Work Health and Safety Regulations will replace the current NSW OHS Regulation A set of national Codes of Practice will gradually be introduced For most workplaces the new WHS Regulations will be very similar to the current OHS Regulation

Legislative Framework ACT REGULATION Codes of Australian Standards Industry Practice Standards Materials Guidance WHS Regulations

PRELIMINARY REPRESENTATION AND PARTICIPATION GENERAL RISK & WORKPLACE MANAGEMENT HAZARDOUS WORK PLANT AND STRUCTURES WHAT’S COVERED IN THE WHS REGULATIONS

CONSTRUCTION WORK HAZARDOUS CHEMICALS ASBESTOS MAJOR HAZARDOUS FACILITIES MINES GENERAL WHAT’S COVERED IN THE WHS REGULATIONS

Function of the WHS Regulations The most important function of the WHS Regulations is to specify the steps that are required for compliance with the general duties under the Act Matters are included in the Regulations in order to streamline the Act WHS Regulations

Managing Risks Must identify and eliminate or control risks Must eliminate risks and if not reasonably practicable minimise risks Risks unable to be eliminated must be controlled through a hierarchy of control Risk assessment is not mandatory in most cases – outcome focused

Must maintain and review risk control measures HSRs can request a review of a control measure in certain circumstances Where specific controls are outlined in the WHS Regulations they must be followed (e.g. controls for hazardous chemicals or noise) Managing Risks

Further guidance about managing risk can be found in the Code of Practice Guidance covers identifying hazards, controlling and reviewing risks Also includes guidance on risk assessment Managing Risks

Training, Information and Instruction Must be suitable and reflect: The nature of the work carried out by the worker The nature of the risks associated with the work The control measures implemented

Consultation and Representation WHS Act includes key requirements WHS Regulations: −Outlines the factors in determining work groups −Specifies HSR training details Code of Practice provides further guidance

Issue Resolution the degree and immediacy of risk to workers or other persons involved in the issue; the number and location of workers and other persons affected by the issue; the measures (both temporary and permanent) that must be implemented to resolve the issue; who will be responsible for implementing the resolution measures Procedure must take into account:

Working Environment Workplace layout allows persons to move around and access and exit without risk Work space is adequate for the taskFloors and other surfaces are suitableLighting and ventilation is suitable Work in temperature extremes is without risk Work near essential services does not create risks

Facilities Must provide facilities including toilets, drinking water, washing and eating facilities relevant to: The nature of the work The hazards in the workplace The size, location and nature of the workplace The number and composition of workers

Personal Protective Equipment Must be appropriate to the activity and hazard Must be a suitable size and fit and maintained and replaced as required Workers must be informed and trained on PPE use

First Aid 16 Must provide accessible First Aid equipment and facilities Ensure adequate numbers of workers are trained or have access to others who are trained First Aid arrangements must take into account The nature of the work The hazards in the workplace The size, location and nature of the workplace The number and composition of workers (and others)

Emergency Plan Must include procedures for rapid response, evacuation, notification, medical assistance and communication Must inform workers of procedures Must be tested in line with plan schedules Emergency plan must take into account −The nature of the work −The hazards in the workplace −The size, location and nature of the workplace −The number and composition of workers (and others)

Put your Co. Logo Here WorkCover Logo Here What are common hazards ? The common hazards likely to be found in most workplaces are considered to be: Electrical work Noise Falls Hazardous manual tasks Plant and Structures Hazardous chemicals

Case 1Issues to consider A small business employs 20 people. The injury register shows sprains, strains and cuts are the most frequently recorded injury. The existing NSW regulations mandating number of first aiders, kit numbers and contents will not be continued in the new WHS regulation. What First Aid arrangements are likely to be adequate? What is the size and layout of the workplace? Is the workplace in close proximity to medical services or hospitals? Do any workers work off site? What is reasonably practicable? Suggested Conclusions An assessment should be undertaken If the workplace is compact then kits can be located in the main operating areas If already complying with the existing NSW regulations a kit, suitably stocked and a trained first aider should already been in place. Arrangements for training an additional taking care of your back module for the kit would be required. Short case study exercises No 1

Put your Co. Logo Here WorkCover Logo Here Electrical Safety The regulation mainly applies to specialist electrical work but has some common workplace application Electrical Equipment is defined generally but does not include vehicles Electrical installation is a group of electrical equipment permanently connected (not plug and socket connection) Electrical work covers the work done by licensed people and not tasks such as changing a light bulb

Put your Co. Logo Here WorkCover Logo Here Electrical work: Residual Current Devices Must be used if supplying electricity to equipment through a socket outlet where: The equipment is used in hostile environments The equipment is frequently moved between locations as part of its normal use The equipment forms part of an amusement device

Put your Co. Logo Here WorkCover Logo Here Electrical Safety: Equipment and Installations PCBU must Ensure unsafe electrical equipment disconnected and repaired or replaced Inspect and test equipment Keep records of testing until next tested or permanently removed

Put your Co. Logo Here WorkCover Logo Here Electrical Safety: Energised Electrical Equipment Work on energised electrical equipment prohibited except in certain circumstances Must determine whether equipment is energised De-energised equipment must not be inadvertently re-energised

Put your Co. Logo Here WorkCover Logo Here Electrical Safety: Overhead & Underground Electric Lines Ensure that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line If it is not reasonably practicable to comply, conduct a risk assessment

Put your Co. Logo Here WorkCover Logo Here Noise Ensure that a worker is not exposed to noise levels above the exposure standard Audiometric testing is required if a worker frequently needs to wear hearing protection because noise exceeds the exposure standard and in combination with other factors

Falls Manage the risk of a fall by a person from one level to another by: Ensuring so far as is reasonably practicable that any work that involves the risk of a fall is carried out on the ground or on a solid construction Providing safe access to and exit from the workplace or any area within the workplace with the risk of a fall

Falls If not reasonably practicable to eliminate the risk of falling then minimise the risk by providing adequate protection such as (in order): Providing a fall prevention device or Providing a work positioning system, or Providing a fall arrest system

Put your Co. Logo Here Falling Objects Must manage risks of falling objects if reasonably likely to injure a person If not possible to eliminate risk then minimise risks to health and safety by: −Preventing free fall of objects −Arresting free fall of object (e.g. barriers, safe means of lowering objects)

Hazardous Manual Tasks Take into account risk factors including: Postures, force, duration and frequency Workplace environmental conditions, design and layout of workplace Systems of work used Nature, size, weight and number of persons, animals or things involved in the hazardous manual task

Remote or Isolated Work Must manage risks to the health and safety of a worker associated with remote or isolated work Must provide a system of work that includes effective communication with the worker

Case 2Issues to consider A tree faller employed by a centre uses a chain saw to fell trees that would be approximately 10 hours of work. The faller has been supplied with hearing protection and uses it in line with instructions. The chain saw generates noise above the exposure standard set out in the WHS regulations Should the tree faller have his hearing tested and monitored with audiometric testing? What should occur for the children and staff at the centre? Has the noise level been checked? How long does the worker use the chain saw for on an average day? Is the hearing protection appropriate and well maintained? What is reasonably practicable? Suggested Conclusions The noise is above the exposure standard and the worker should be consulted about audiometric testing Testing should be carried out by qualified persons and results made available Depending on results measures should be taken to reduce exposure (e.g. better maintenance of saw, up-rated hearing protection) Developing a noise monitoring set of procedures. Short case study exercises No 2

Put your Co. Logo Here WorkCover Logo Here Hazardous chemicals Correctly label hazardous chemicals used in the workplace Obtain and provide access to Safety Data Sheets (SDS) for workers Display safety signs

Put your Co. Logo Here WorkCover Logo Here Hazardous chemicals Provide information, training and supervision to workers Identify risks of physical or chemical reaction Keep chemicals isolated and stable Eliminate or minimise ignition sources

Put your Co. Logo Here WorkCover Logo Here Hazardous chemicals Maintain a register of hazardous chemicals used at the workplace Prepare and display a manifest of hazardous chemicals if the quantity requires same Display a placard if the quantity exceeds the placard quantity

Put your Co. Logo Here Airborne Contaminants Must ensure exposure standard for a substance or mixture is not exceeded Must undertake atmospheric monitoring of contaminants in certain circumstances Must keep records and make accessible to those exposed to contaminants

Put your Co. Logo Here Asbestos A PCBU must not carry out, or direct or allow a worker to carry out, work involving asbestos A PCBU must ensure, so far as is reasonably practicable, that exposure of a person at the workplace to airborne asbestos is eliminated or if not practicable minimised

Short case study exercises No 3 Case 3Issues to consider You are a preschool director living in country NSW. You also have responsibility for before and after school care. The rooms in the centre are in a very old building and during winter it is extremely cold, particularly when it is snowing in winter. The windows do not seal properly so any heating is ineffective. You have not been sleeping well and as a result of this you are often fatigued in the workplace and this has lead to some parental complaints. Does the centre have the same health and safety responsibilities as last year? How does the Managing Risk section of the regulation apply? How does the general working environment section of the regulation apply? Is there any other section of the regulation that apply? What is reasonably practicable? Suggested Conclusions The hazards must be identified and risk controls used – the airborne contaminants, hazardous chemicals and PPE sections may all apply The creation of a comfortable working environment must be created with consultaion and cooperation ensuring there is no risk to health and safety Existing practices based on previous regulation and authoritative guidance will form the basis of the state of knowledge

Approved Codes of Practice A practical guide to achieve the standards of health and safety required under the Work Health and Safety (WHS) Act and Regulations Provide duty holders with guidance on effective ways to manage work health and safety risks

Put your Co. Logo Here Role of Codes of Practice Codes provide ways in which compliance can be achieved A court may rely on a code of practice in determining what is reasonably practicable Codes provide guidance on many of the common workplace hazards

Admissible in court proceedings under the WHS Act and Regulations May be relied on by courts as evidence of what is known about a hazard, risk or control and in determining what is reasonably practicable Designed to be used in conjunction with the WHS Act and Regulations but do not have the same legal implications WHS Act and Regulations may be complied with by following another method if it provides an equivalent or higher standard An inspector may refer to an approved Code of Practice when issuing an improvement or prohibition notice What is the legal effect of Codes of Practice?

Codes of Practice PRIORITY CODES How to manage work health safety risks WHS Consultation, Cooperation & Coordination Managing work environment and facilities Managing noise and preventing hearing loss at work Hazardous manual tasks Confined spaces How to prevent falls at workplaces Preparation of safety data sheets for hazardous chemicals Labelling workplace hazardous chemicals How to manage and control asbestos in the workplace How to safely remove asbestos WHS Regulation

First Aid in the WorkplaceDemolition Work Managing Risks in Construction WorkSpray Painting and Powder Coating Preventing Falls in Housing ConstructionAbrasive Blasting Managing Electrical Risks at the Workplace Welding and Allied Processes Managing Risks of Hazardous Chemicals Safe Access in Tree Trimming and Arboriculture Managing Risks of Plant in the Workplace Preventing and Managing Fatigue in the Workplace Safe Design of Building and Structures Preventing and Responding to Workplace Bullying Excavation Work Second Stage Codes of Practice and Guidance Material

Transitional arrangements and WorkCover NSW Codes Existing NSW Codes of Practice can continue to operate until replaced by national Codes of Practice or guidance materials Where NSW has a Code of Practice on issues that are not specifically regulated, these Codes will become guidance material and must be considered when deciding what is “reasonably practicable”

WHS Regs transitional arrangements Transitional arrangements have been put in place in NSW to support businesses, industry and workers move to a new system of work health and safety (WHS) laws. These arrangements start on 1 January In summary, these transitional arrangements provide for: recognition of existing information, records or other documentation that is substantially the same as WHS requirements transitional periods of 12 to 18 months where there is a change in training requirements only requiring retraining or reassessment if the requirements are substantially different transitional periods of 6 to 12 months (in most cases 12 months) where a duty or requirement is new up to 24 months for some new obligations where industry might have difficulty in complying for reasons beyond their control.