and the WHS Regulations

and the WHS Regulations
Introduction to the WHS framework and the WHS Regulations Key points Module 1 looks briefly at the national framework for the WHS legislation. Participants should understand that each state is then required to mirror the legislation through its own WHS Act and WHS Regulations. The object of the WHS Act is described to remind participants of the desire to achieve national consistency in work health and safety. Key changes to the NSW OHS Regulation to be covered throughout the course are summarised. The framework of the WHS Regulations is discussed and the importance of Codes of Practice described.

Model Work Health and Safety Framework
WHS Act WHS Regulations Codes of Practices Australian Standards Industry Standards Guidance Material Key points Discuss information contained in Codes of Practice and how they will provide an understanding of what need to be done to manage various health and safety risk in the workplace e.g. Code of Practice: How to prevent falls at workplaces Codes of practice contain information on meanings of key terms, when and how to undertake the guidance provided in the Codes (e.g. risk management activities), the review process, how to keep the required records and recording tools, case studies, checklists etc. Background references WHS Act: s274 – 275 Fact Sheet 1: Model WHS Framework WHS Act s

Model WHS Framework Model Work Health and Safety Framework Mirrored by
Model WHS Act and model WHS Regulations supported by National Codes of Practice Mirrored by State based WHS Act, WHS Regulations Territory based WHS Act, WHS Regulations Commonwealth WHS Act, WHS Regulations Key points The model legislation is designed to establish a national framework for the states, territories and the Commonwealth. The model work health and safety laws consist of the model WHS Act, supported by model WHS Regulations and model Codes of Practice that can be readily adopted throughout Australia. This requires each state, territory and the Commonwealth to pass their own laws that mirror the model work health and safety laws. They are to be adopted by the end of December 2011 and are due to commence January The WHS Act and WHS Regulations are due to come into force in January 1, 2012. National Codes of Practice developed to support the model WHS legislation include: How to Manage Work Health and Safety Risks Work Health and Safety Consultation, Cooperation and Coordination Managing the Work Environment and Facilities Managing Noise and Preventing Hearing Loss at Work Hazardous Manual Tasks Confined Spaces How to Manage and Control Asbestos in the Workplace How to Safely Remove Asbestos How to Prevent Falls at Workplaces Labelling of Workplace Hazardous Chemicals Preparation of Safety Data Sheets for Hazardous Chemicals Additional National Codes of Practice are under development ,some as a priority, with others to follow in time. Background references Fact Sheet 1: WHS Framework (national model WHS legislation, codes of practice and guidance material) (current NSW OHS laws, codes of practice, guidance material and updates)

Key changes under the WHS Regulations
Risk management being referenced both within a separate section and within chapters, and the focus is on the safety outcome rather than the process, so that a written risk assessment may not be required in all situations. Licensing of asbestos assessors. Definitions and terminology e.g. confined spaces, falls, major incident at major hazards facility, safety data sheets. Key points Key changes from the current NSW OHS Regulation are discussed in detail in modules throughout the course. There is a separate section on the general requirements for risk management under model WHS laws and reference to the hierarchy of controls in the WHS Regulations has been maintained, as currently exists under NSW OHS Regulations. This information is provided in the model Code of Practice: How to manage work health and safety risks. The requirements for specific controls (e.g. for falls) are also contained in some chapters and relate to a specific area of work health and safety. Written risk assessments are generally mandatory only for high risk activities. Changes in terminology and definitions are included in the WHS Regulations. Examples include changes from Material Safety Data Sheets (MSDS) to Safety Data Sheets, manual handling to ‘hazardous manual tasks’ and definitions relating to electrical work, plant and confined spaces. These changes are mentioned throughout the course. There are changes in the requirements pertaining to management of asbestos and demolition work. The WHS Regulations on electrical work have been changed from the current NSW OHS Regulation. Background references WHS Regulations Code of Practice: How to manage Work Health and Safety Risks Code of Practice: How to manage and control asbestos in the workplace Code of Practice: How to safely remove asbestos Fact Sheet 1: Model WHS Framework WHS Regulations

Key changes under the WHS Regulations
Removal of licensing for some classes of equipment A new class of license for reach stackers Changes in requirements for demolition work Expanded provisions for remote and isolated workers Changes in record keeping requirements Significant role of Codes of Practice in providing information to help determine what would be considered ‘reasonably practicable’ in eliminating or controlling hazards. Key points Under the WHS Regulations there are no longer requirements for licensing for particular classes of plant. Those requiring licensing are listed in the schedules of the WHS Regulations. Requirements for a new class of equipment, reach stackers (motorised equipment used to shift containers generally at port facilities) have been included. There is no inclusion of requirements for licensing of demolition work although it is expected that licensing requirements will be integrated into the national licensing scheme. There are no specific requirements for some high risk work under the WHS Regulations including: Electroplating Spray painting Welding and UV radiation Molten metal However, the risk management and health and safety duties for these activities are captured by the duties of the WHS Act and additional information may be provided under future Codes of Practice. There are expanded provisions for remote and isolated workers including requirements for communication under the WHS Regulations. Changes in record keeping are included in specific chapters of the WHS Regulations. The key changes in those requirements for NSW are included in this course. Background references WHS Regulations Codes of Practice Fact Sheet 1: Model WHS Framework WHS Regulations Chapters 2- 8

WHS Regulations - Content -
Chapter 1: Definitions and administrative matters Chapter 2: Representation and Participation Chapter 3: General Risk and workplace management Chapters 4, 5 and 6: Hazardous work; Plant and Structures; and Construction Chapter 7 and 8: Hazardous chemicals and Asbestos Chapter 9 and 10: Major Hazards Facilities and Mines (under development) Chapter 11: General matters including review, exemptions etc. Schedules 1 to 18: Specific requirements and Appendix: Jurisdictional notes. Key points The model WHS Regulations consist of the following: Chapter 1 is an introductory chapter with definitions applicable to the WHS Regulations. Chapter 2 covers representation and participation in relation to consultation on work health and safety issues (This differs from the current NSW OHS legislation where the detail pertaining to consultation was contained in the OHS Regulations. The main requirements and details pertaining to consultation are dealt with in the WHS Act.) There is a supporting model Code of Practice and a Worker Representative Handbook that is under development. Chapter 3 covers general risk and workplace management. Chapters 4, 5 and 7 cover areas of general health and safety such as work environment, hazardous chemicals and plant. Chapter 6 covers Construction and is supported by a number of Codes of Practice to assist in meeting the requirements of the model WHS legislation. Chapters 9 and 10 are focused on more specific areas .i.e. Major Hazard Facilities and Mines respectively. Chapter 10 on Mines is yet to be released. Chapter 11 covers general matters including reviews, exemptions and transitional arrangements. There are 18 schedules at the end of the WHS Regulations that provide specific information relevant to the chapters of the WHS Regulations e.g. plant requiring registration, requirements for labelling of hazardous chemicals and health surveillance requirements. Background references WHS Regulations WHS Regulations

- General Structure of Chapters -
WHS Regulations - General Structure of Chapters - May include: definitions and new terminology obligations – duties of various parties control of risks - when elimination is not possible specific hierarchy of controls where applicable review requirements emergency plans training, instruction and information and record keeping requirements. Key points To assist in understanding the content of the WHS Regulations the majority of chapters can be broken down into a consistent structure that includes: additional definitions and meanings that are specific to the particular topic of the chapter, for example, definitions under electrical work for electrical equipment, electrical installation and electrical work; a general obligations clause that outlines relevant duties; controls relating specifically to the area of health and safety, for example, controls for confined spaces; some chapters describe a specific hierarchy of controls for that matter e.g. controls for hazardous manual tasks; requirements for when review should occur, including when requested by a HSR (whether they are trained or not); emergency plans specific to the given hazard, for example, emergency procedures for confined spaces and falls; specific requirements relating to training, instruction and the provision of information, for example, in relation to confined spaces, emergency plans, PCBUs involved in the management and control of plant; and record keeping requirements, for example, PCBUs that design plant, confined spaces, electrical work and hazardous chemicals. Background references WHS Regulations WHS Regulations Chapters

Representation and Participation
Chapter 2 Representation and Participation Key points Module 2 is intended to reinforce and refresh with participants the terminology associated with the requirements for representation and participation in the consultation process of the WHS legislation . The majority of requirements for consultation are contained in the WHS Act and are covered in detail in the WHS Act Awareness course. The WHS Regulations chapter on representation and participation covers additional detail and administrative requirements pertaining to workgroups, HSRs and WHS entry permit holders. The issue resolution process described in the WHS Regulations is reviewed in this module. Background references WHS Regulations Chapter 2

Representation and Participation
Additional requirments under the WHS: Key changes in consultation terms Requirements for negotiation of workgroups Election, training and removal of HSRs Issue resolution – the default procedure Key points Module 2 will review some of the requirements related to consultation arrangements that are addressed in the WHS Regulations. The WHS Act awareness course covers in detail consultation duties and functions under the WHS Act. The WHS Act requires that where an organisation doesn’t have an issue resolution process is in place, they must revert to the default procedure outlined in the WHS Regulations . Some administrative requirements for entry as a WHS entry permit holder are covered in this section of the WHS Regulations but are not discussed in this course. Background References WHS Act WHS Regulations Chapter 2 Code of Practice: Work Health and Safety Consultation, Cooperation and Coordination Codes of practice Work Health and Safety Consultation, Cooperation and Coordination WHS Regulations Chapter 2

Key changes in consultation terms
Current OHS WHS WHS Role OHS Representative OHS Committee Authorised representatives Health and Safety and Representative (HSR) Deputy HSR (new role) Health and Safety Committee (HSC) WHS entry permit holder Specific WHS issues, issue PINs, direct unsafe work to cease Same as for HSRs Whole workplace WHS, policy and procedures Consult with workers and PCBUs, inspect, warn, assist inquire Key points This slide shows some of the key changes in terms pertaining to consultation roles that we are familiar with under current NSW OHS legislation. The details have been covered in the WHS Act awareness course. Facilitators should briefly review these changes with participants and clarify any outstanding issues. Key changes include the elected OHS Representative for a workgroup now referred to as Health and Safety Representative (HSR) and have increased powers if trained e.g. issuing of Provisional Improvement Notices (PINs) and directing unsafe work to cease. The HSRs are more involved with specific health and safety issues in the workplace. The deputy HSR is a new role and is described under the WHS Act. The deputy can perform the functions of a HSR if trained, if the HSR is unable or unavailable to perform these functions. OHS Committees are to be known as Health and Safety Committees (HSCs) and will perform different functions than they currently do focusing more on a workplace-wide approach to work health and safety. Authorised representatives will be known as WHS entry permit holders and will have increased functions under the WHS legislation. Suggested questions and/or examples What activities might HSRs undertake? Example responses: inspecting, consulting with workers, direct unsafe work to cease, issue a PIN, helping resolve issues What activities might HSC’s undertake in their role? Example responses: reviewing WHS management system policy and procedures, review formal training requirements, conduct inspections, review incident investigations, promotion of workplace safety events. . Background references WHS Act Code of Practice: Work Health and Safety Consultation, Cooperation and Coordination WHS Act Part 5 - 7

Determination of Work groups
Work groups must be negotiated and determined in a way that: Effectively and conveniently allows the health and safety interests of workers to be represented; and Takes into account accessibility to the elected HSR. Key points Provisions under the WHS Act (Negotiation for agreement for work groups) allow for a ‘worker’s representative’, at the worker’s request, to negotiate with a PCBU to determine work groups from which HSR/s will be elected. The ‘worker’s representative’ is also entitled to be party to any negotiations for a variation in any agreements made on work groups. The PCBU is prohibited from excluding the ‘worker’s representative’ from any of these negotiations once the request has been made by the worker. Discuss with participants what ‘effectively’ and ‘conveniently’ may mean in terms of work groups to be established. For example: the hours or times members of a work group work may limit access to the HSR and must be at a time that suits; or while members of a work group may perform similar tasks, they may work at different work locations and have different work health and safety issues. Background references WHS Regulations Chapter 2 Part 2.1 Fact Sheet : Representation and Participation Code of Practice: Work Health and Safety Consultation, Cooperation and Coordination What factors should be taken into account when determining workgroups? WHS Regulations Chapter 2 Part 2.1

Negotiation of Work groups
WHS Regulations require that additional matters be taken into account: views of workers in relation to the determination and variations of workgroups; number and grouping of workers carrying out similar work; the extent to which workers must move from place to place at work; the diversity of workers; the nature of the hazards and risks at workplace; the nature of engagement e.g. as a contractor; times at which work is undertaken; and arrangements for overtime or shift work. (see Fact Sheet: Representation and Participation for additional requirements) Key points The matters to consider in determining the most effective and suitable arrangements for work groups are listed in Fact Sheet: Representation and Participation. The new WHS Regulations introduce some additional matters for consideration in the determination of workgroups (as listed in this slide). Where an agreement can’t be reached, the parties involved including a union representative are entitled to request assistance from an inspector. Once the work groups are established, the HSR can be elected from the work group. Background references WHS Regulations Chapter 2 Part 2.1 Fact Sheet : Representation and Participation Code of Practice: Work Health and Safety Consultation, Cooperation and Coordination WHS Regulations Chapter 2 Part 2.1

HSRs - Election, training and removal
Procedures for election of HSRs All workers of the work group must be given an opportunity to nominate and vote in the election. The PCBU and workers of the work group must be advised of the election and the results of the election. Removal of a HSR The majority of members of a work group may remove a HSR by making a written resolution that the HSR should no longer represent their workgroup. Training for HSRs A HSR is entitled to attend: an initial 5 day course; and an annual refresher course. Key points The person conducting the election is required to take all reasonable steps to ensure procedures relating to elections are complied with. The person who conducts an election for a HSR of a work group is required to inform each PCBU in which a worker of the workgroup works of the date on which the election is to be held. The PCBU is not permitted under the WHS Regulations to unreasonably delay the election of a HSR. The HSR is entitled under the WHS Act to receive training approved upon request. Additional training may be undertaken where it is agreed to by the PCBU and the HSR. HSRs are also entitled to receive refresher training annually with the first refresher course being undertaken one year after having commenced the initial training. Note: there is no training specified in the WHS legislation for HSC members unless they are also HSRs and deputy HSRs. Suitable training for HSC members can be determined by agreement between the PCBU and the HSC members. Background references WHS Regulations Chapter 2 Part 2.1 Code of Practice: Work Health and Safety Consultation, Cooperation and Coordination WHS Regulations Chapter 2 Part 2.1

Issue Resolution under WHS legislation
Issue resolution process applies to unresolved WHS issues PCBUs to consult, create, communicate and utilise issue resolution procedures Key points The issue resolution process of the WHS Act applies where an issue about work health and safety at the workplace or arising from the activities of a business or undertaking remains unresolved after reasonable attempts to resolve the matter (WHS Act s81). A person representing any of the parties (e.g. union representative, officer of the PCBU, HSR of another PCBU) involved in the issue resolution process is entitled to enter the workplace for the purpose of attending discussions intended to resolve the issue (WHS Act s81) All parties must firstly make a reasonable attempt to achieve a solution that is timely, final and effective. It is important that workplaces aim to establish a written issue resolution procedure prior to this type of situation arising. The issue resolution procedure must cover all of the steps of the default issue resolution procedure outlined in the WHS Regulations (see Fact Sheet 2) Where there is no established procedure the resolution process is to occur in accordance with the default procedure prescribed in the WHS Regulations Chapter 2 Part 2.2. Background references WHS Regulations Chapter 2 Part 2.2 Fact Sheet : Representation and Participation The default procedure of the WHS Regulations is to be used Where an issue resolution procedure is not in place WHS Regulations Chapter 2 Part 2.2

Issue Resolution Default Procedure
All parties to be informed there is an issue to be resolved and the nature and scope of the issue; The involved parties meet or communicate to resolve the issue; Certain matters to be taken into account (see Fact Sheet 2); Any party involved in the issue to be represented or assisted by a nominated person if they choose to do so; The details of the issue and its resolution to be put in writing to the satisfaction of all parties involved in the issue where requested; A copy of the written agreement to be given to: parties to the issue (e.g. unions, employer organisations); and if requested, the workplace’s health and safety committee. Key points Matters that need to be taken into account include: The degree and immediacy of risk to workers and others who may be involved in the issue e.g. the general public or contractors. Number and location of workers affected e.g. workers may be at a variety of locations or off site. The measures (temporary or permanent ) that need to be implemented to resolve the issue Who is responsible for implementing the resolution, for example, the person who is acting on behalf of the PCBU in implementing a solution. Under the WHS Act, parties to an issue can include a PCBU, a worker and a HSR (acting on behalf of the workers of their workgroup and not the PCBU) or any person that has been nominated to represent those parties. This could include a union representative on behalf of workers Background references WHS Regulations Chapter 2 Part 2.2 Fact Sheet : Representation and Participation WHS Regulations Chapter 2 Part 2.2

General Risk and Workplace Management
Chapter 3 General Risk and Workplace Management Key points Module 3 discusses the key duties for PCBUs, workers and ‘other persons’ in the workplace in relation to general risk and workplace management that includes: General requirements for managing risk to health and safety in the workplace; Requirements for the maintenance and review of control measures; Provision of information, training and instruction; First aid; Emergency plans; Personal protective equipment (PPE); The general working environment including general workplace facilities and remote or isolated work; Atmospheres including airborne contaminants and hazardous atmospheres; Storage of flammable or combustible substances; and Falling objects. Background References WHS Regulations Chapter 3

General risk and workplace
management Topics Managing risks to health and safety (including maintenance and review) Training, information and instruction Workplace facilities (previously referred to as amenities) First Aid and Emergency Plans Remote or isolated work Personal Protective Equipment (PPE) Airborne contaminants, hazardous atmospheres and storage of flammables and combustibles Falling objects Related Codes of Practice include: How to manage work health and safety risks Managing the work environment and facilities Key points Draft Codes of Practice that will be applicable to the requirements of this Chapter of the WHS Regulations include: How to manage health and safety risks Managing the work environment and facilities. Information contained in the Code of Practice How to manage health and safety risks relevant to this chapter includes: duty holders and their responsibilities; how to manage identified risks; consulting, co-operating and co-ordinating with other duty holders; when and how a risk assessment should be made; how to control a risk – the hierarchy of controls – Levels 1,2 and 3 control measures; how to review control measures as required in model WHS Regulations; and how to keep records of activities. Information contained in the Code of Practice: Managing the work environment and facilities includes: duties and responsibilities in relation to the work environment and facilities; determining the facilities required, maintaining them and reviewing risk control measures; specific information on entry and exit, housekeeping, work areas, floors and other surfaces, workstations, lighting (including recommended illuminance), air quality and thermal comfort. specific information on welfare facilities including personal, hygiene and dining facilities guidance on outdoor work, remote or isolated work, accommodation; and preparing emergency procedures. It is expected that a Code of Practice for First Aid requirements will be developed as the prescriptive requirements of current NSW OHS legislation are not included in the WHS legislation. Background References WHS Regulations Chapter 3 Code of Practice How to manage health and safety risks Code of Practice: Managing the work environment and facilities Codes of practice WHS Regulations and Codes of Practice

Managing Risks to Health and Safety
The current requirements and steps involved in managing risks to health and safety have been retained in the new WHS Regulations. A PCBU who has a duty under the WHS Regulations is required to manage risks to health and safety (e.g. manufacturer, person conducting a business or undertaking, supplier) This includes complying with any special requirements for the management of risks outlined in the WHS Regulations such as: not exceeding an exposure standard (e.g. noise) implementing a specific control measure (e.g. fall protection) assessing a risk (e.g. risks associated with a confined space). Detailed requirements are described in the Code of Practice Key points Persons with duties under the WHS legislation include designers, manufacturers, suppliers, contractors or other persons conducting a business or undertaking. These persons have a duty to manage risks to health and safety over the areas they control. Officers of the organisation also have a duty to understand the hazards and risks associated with the business or undertaking and to ensure that resources and processes are available to eliminate or minimise the risks to health and safety. The new WHS Regulations specify a duty to identify hazards, however do not specify when hazards are to be identified as does the current NSW OHS Regulations. The risk management process that exists under current NSW OHS Regulations has been streamlined under the new WHS Regulations so that a risk assessment may only be required in certain circumstances such as for high risk work activities, hazardous substances etc. Where a hazard has been identified, the duty holder is to focus on the outcome of either eliminating the hazard or minimising the risk as far as reasonably practicable. In certain circumstances, the WHS Regulations imposes special requirements to manage the risk for example, noise not being permitted to exceed the accepted exposure standards. In some chapters of the WHS Regulations, control measures are specified in a given order for implementation e.g. in regards to managing risk associated with falls. In some areas where a risk assessment is specifically prescribed, the WHS Regulations also stipulate the requirements for record keeping e.g. for confined spaces. Background References WHS Regulations Chapter 3 Part 3.1 WHS Regulations Part 3.1

Managing Risks to Health and Safety
Identify Hazards that are a potential risk to health and safety As far as is reasonably practicable Eliminate risk Consultation As far as is reasonably practicable Minimise risk Maintain controls Key points The risk management process remains similar to that currently required although slightly streamlined by focusing on the outcomes of the risk management process. The WHS Regulations indicates the requirements for the management of risks and the relevant Code of Practice provides further guidance including: hazard identification through consultation, inspections and review of available information, incident records and other data; elimination and minimisation through the hierarchy of controls (retained from current NSW OHS legislation); maintenance of controls so that they remain effective by being: fit for purpose, suitable for the nature and duration of work and installed, set-up and used correctly Review of controls is required at times in addition to those under current OHS legislation including when: the control measure does not control the risk (e.g. identified by monitoring or an incident occurring); before a change to the workplace occurs that is likely to give rise to a new or different risk; a new relevant hazard or risk is identified; the results of consultation indicate a review is required; and a Health and Safety Representative (HSR) requests a review. Background References WHS Regulations Chapter 3 Part 3.1 Review controls WHS Regulations Part 3.1

Lowest Level of Protection
Hierarchy of controls Where elimination is not reasonably practicable, risks to health and safety are to be minimised using controls in the following order (a combination of controls may be used): Eliminate Substitute Isolate Engineering Administrate PPE Highest Level of Protection Lowest Level of Protection Key points Controls are identified as levels 1, 2 and 3 in the Code of Practice. Level 1 is the highest form of control (elimination); Level 2 requires control through substitution, isolation or engineering controls (in that order). Level 3 controls are to be used where risk remains - administration can be used and then if risk still remains, the duty holder can provide suitable PPE . They must ensure it is used. The selection from the hierarchy of controls is based on what is considered to be reasonably practicable i.e. what is or was, reasonably able to be done, taking into account and weighing up all relevant matters including: (a) the likelihood of the hazard or the risk occurring; and (b) the degree of harm that might result from the hazard or the risk; and (c) what the person concerned knows, or ought reasonably to know, about: (i) the hazard or the risk; and (ii) ways of eliminating or minimising the risk; and (d) the availability and suitability of ways to eliminate or minimise the risk; and (e) after assessing the extent of the risk and means of eliminating or minimising the risk, the cost to do so, including whether the cost is grossly disproportionate to the risk. Background References WHS Act s18 WHS Regulations Chapter 3 Part 3.1 WHS Regulations Part 3.1

Duty to review A duty holder is required to review and, as necessary, revise control measures when: a risk control measure fails to control the risk (e.g. as determined by monitoring or a notifiable incident occurs); a change in the workplace or work systems occurs that is likely to give rise to a new or different risk; consultation indicates a review is required; or a HSR requests a review (a new requirement) i.e. when any of the above occurs that affects/may affect a member of the HSR’s workgroup; and the PCBU hasn’t adequately reviewed the measures in response to that circumstance. Key points: There are various times when a duty holder is required to review control measures to ensure that the work environment remains without risks to health and safety. A key new requirement is that elected HSRs can request a review when the duty holder has not sufficiently addressed an issue that requires review under the WHS Regulations. Other times when a review is required may be stipulated in the WHS Regulations and will be identified in the course. The WHS Regulations now requires a review where there is a change in any aspect of the work environment in addition to the current requirements to review with a change to the workplace, system of work, a process or a procedure. The right of the HSR to request a review (being new to the WHS legislation) applies when a change or failure of a control has the potential to impact on a member of the HSR’s workgroup. Background references WHS Regulations Chapter 3 Part 3.1 WHS Regulations Part 3.1

General workplace management
The WHS Regulations requirements are either, in relation to current requirements: Similar with some additional requirements e.g. Training, information and instruction Workplace facilities (previously referred to as amenities) Falling objects Personal Protective Equipment (PPE) Storage of flammables and combustibles Emergency Plans Less prescriptive e.g. First Aid, airborne contaminants and hazardous atmospheres (additional information is provided in supporting Codes of Practice and other information) or Additional e.g. Remote or isolated work Key points The new WHS Regulations have very similar requirements for workplace management to those that exist under current NSW OHS legislation. These changes are identified in the following slides. Some aspects of general workplace management have additional requirements, for example, in relation to emergency management that now requires that every workplace have an emergency plan and that procedures are tested. Some aspects such as first aid are less prescriptive with the detail expected to be contained in a new Code of Practice. While new national codes of practice are being developed, the current Codes of Practice remain applicable as per the transitional provision in the WHS Act. Background references WHS Regulations Chapter 3 Part 3.2 WHS Regulations Chapter 3 Part 3.2

Training, information, instruction and supervision
Training, information and instruction provided by the PCBU to workers is to be: suitable, adequate; and readily understandable; having regard to: the nature of the work carried out by the worker; the nature of the risks associated with the work; and implemented control measures. Specific supervision requirements are included e.g.: direct supervision for high risk work; and where hazardous substances exist in the workplace. Key points The WHS Act requires that a PCBU must ensure, so far as is reasonably practicable, the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking. With these new more generalised requirements, the WHS Regulations removes specific requirements for: training of new employees; and providing the information required by persons with risk management responsibilities to fulfil these (now covered in general duties of PCBUs). The WHS Regulations specify particular aspects where supervision is required e.g. the provision of direct supervision for high risk work. Background References WHS Regulations: Chapter 3 Part 3.2 WHS Regulations Chapter 3 Part 3.2

Changes in relation to the duties and requirements include: General workplace facilities Requirements apply to both normal and emergency conditions; and Specific mention of glare and reflection is removed. First Aid First aid kit type and content; and Requirements for first aid facilities will be covered under a Code of Practice. Emergency Provisions Emergency provisions require the PCBU to ensure preparation and maintenance of an Emergency Plan specific to the workplace (see slide 12). Key points A checklist for work environments and facilities is included in the Code of Practice: Managing the Work Environment and Facilities as well as examples of types of facilities that may be provided for different workplaces such as outdoor work and office work. The Code of Practice describes matters that should be considered when determining facilities such as: the type of work being done, whether a temporary or permanent workplace; the hazards workers may be exposed to e.g. infectious disease in their work activities; if workers will be required to change clothes or need to shower; how the work is conducted e.g. standing or seated – may influence the type of flooring (fatigue reducing) or the seating used; the level of activity – may influence heating and cooling required, ventilation etc.; and is the work done in shifts – this may influence matters such as when cleaners can access the area or if dining facilities are required. Management of the work environment needs to address: safe entry and exit; housekeeping issues including workspace removal of waste; work areas – space required and access to and exit from the space, use of equipment; flooring and other surface requirements – if wheeled equipment is to be used, how work is conducted, cleaning and maintenance requirements, impact of work activities e.g. spills, heat; workstations – type of seating to consider, design of work stations; lighting – describes type of task e.g. doing difficult tasks and the illumination required (reference to Australian Standards); and air quality and thermal comfort including ventilation, air movement and sources of heat/cooling (references to Australian Standards e.g. cooling towers). The Code of Practice describes provision of facilities applicable to different workplaces e.g. static, temporary or remote (see Fact Sheet 3: General Workplace Management for additional information on the remote and isolated work). Background References WHS Regulations: Chapter 3 Part 3.2 Code of Practice: Managing the Work Environment and Facilities WHS Regulations Chapter 3 Part 3.2

First Aid The PCBU must provide for First Aid including:
First aid kit type and content and content of first aid facilities is no longer specified in the WHS Regulations First aid equipment and access to the equipment Factors to consider: Nature of the work Nature of workplace hazards Size and location Number and composition of workers and others Facilities for first aid administration Adequate number of workers trained in first aid, OR Key points: The new WHS Regulations provide only general guidance on the requirements for First Aid in the workplace, whereas the current NSW OHS Regulation 2001 is prescriptive on certain matters e.g. type and contents of first aid kits. It is expected that a Code of Practice will be developed to provide further guidance. The WHS Regulations require that, when determining first aid requirements in the workplace, the nature of the work activities and hazards that may occur in the workplace are considered. The PCBU also needs to consider the size of the workplace (e.g. operating over many levels or a large area such as a school), the location of workers (e.g. working away from the workplace with limited access to facilities), the numbers of workers and others (e.g. visitors who enter a shopping centre, hospital) and the composition of people at the workplace (e.g. people with special needs). Based on these considerations, the PCBU will then need to determine: first aid equipment required; access to the equipment e.g. in remote areas of a building, different floors; procedures pertaining to administration of first aid e.g. stocking of first aid kits, communication, display of first aid information; and the number of persons that are trained in first aid (the PCBU needs to consider location of other facilities e.g. access to medical services or personnel and/or access to local emergency services). Background References WHS Regulations: Chapter 3 Part 3.2 Code of Practice: Managing the Work Environment and Facilities How to manage health and safety risks Access to adequate number of trained others to provide first aid WHS Regulations Chapter 3 Part 3.2

Emergency procedures including:
Emergency plans The PCBU must provide an Emergency Plan that includes: Emergency procedures including: emergency response evacuation procedures early notification to emergency services medical treatment and assistance effective communication between the PCBU’s emergency co-ordinator and all persons Factors to consider: Nature of the work Nature of workplace hazards Size and location Number and composition of workers and others Key points: Emergency plans are required to have been specifically developed for the particular workplace taking into account the nature of the workplace and particular hazards that may exist. The plans need to address a range of potential incidents. The emergency plan should also consider external factors that may influence an incident e.g. neighbouring workplaces, access to emergency services. Emergency plans are required to address five separate procedures (see flowchart). The emergency plan must include provisions for the testing of the emergency procedures (including how often this is required to occur) An emergency plan needs to be maintained so that it remains effective – including review when things change that may significantly impact on the plan e.g. work activities, structure of the workforce. The development of an emergency plan for a workplace with a number of businesses needs to be co-ordinated by the person with control of the workplace e.g. landlord, principal contractor or property owner. If a business/activity has an overarching emergency plan, such as a commercial building, the PCBU should consult with their workers and the HSRs about emergencies pertaining to activities of the workers, review the emergency plan and if necessary revise the emergency plan with the person responsible for preparing it. For a workplaces with potential for serious hazards in an emergency, the emergency plan should be developed in consultation with local emergency authorities. More comprehensive plans may be required to address high risk situations. Australian Standards are referred to in the Code of Practice for additional guidance and information. A PCBU has a duty to provide information, training and instruction in the implementation of emergency plans. Background references WHS Regulations Chapter 3 Part 3.2 Testing of procedures Information, training and instruction for workers in emergency procedures WHS Regulations Chapter 3 Part 3.2

Changes in relation to duties and requirements include: REMOTE AND ISOLATED WORKERS A PCBU is required to ensure risks to health and safety of isolated or remote workers are eliminated or minimised with adequate controls, including communication (see Fact Sheet 3 for additional information) PERSONAL PROTECTIVE EQUIPMENT Duties of PCBUs, workers and other person in relation to PPE The PCBU who directs the work is required to: provide PPE to workers (unless provided by another PCBU) that is a suitable size and fit, and is reasonably comfortable; and ensure the PPE is suitable to control risks associated with the work and is used or worn (includes ‘other persons’ using PPE). Key points Remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work. Assistance includes rescue, medical assistance and the attendance of emergency service workers. Remote or isolated work can be carried out in a high rise building in the middle of the city – remote or isolated work is considered as any location where a person cannot get immediate assistance from others if required e.g.in an emergency. Examples include workers such as sales reps, transport workers, trades people, person carrying out field or diving work, health and community workers or attendants in service stations or other workplaces with only one person present, particularly at night. The WHS Regulations have additional provisions to address the risk associated with remote or isolated working including requirements for communication. Controlling risks may include: buddy systems; communication systems and procedures; personal security systems and duress systems; training information and instruction; and changes in work practices e.g. no lone workers. See Fact Sheet 3: General Workplace Management for additional information Personal Protective Equipment (PPE ) is included in the hierarchy of controls as the final measure to be used where it able to further minimise any remaining risk . Various parties have duties in relation to PPE. Facilitator is to highlight that the PCBU who directs the carrying out of the work is also responsible for ensuring that users of PPE (workers and others) do so according to the information, training and instruction they are required to have received. Background References WHS Regulations: Chapter 3 Part 3.2 Code of Practice: Managing the Work Environment and Facilities WHS Regulations Chapter 3 Part 3.2

Personal Protective Equipment (PPE)
Duties of workers: To use the PPE according to the information, training and instruction provided; Not intentionally misuse or damage the equipment; and Inform the PCBU of any damage, defect or need to clean/sterilise the equipment. Duties of others: Persons other than workers must use any PPE provided by a PCBU according to the information, training and instruction given e.g. visitors to a workplace. Key points Where workers provide their own PPE, the PCBU has an obligation to ensure that the PPE is used. Discuss with participants how it could be considered that users did not comply with training, and information they have received in the use of PPE (e.g. not replacing air filters as required, failing to use eye protection when required or failing to fit hearing protection correctly). Discuss how PPE could be intentionally misused or damaged e.g. altering PPE. Workers are required to notify the PCBU when any damage occurs, a defect is noticed or the equipment requires cleaning or sterilising. This requires that workers have adequate information on the requirements and standards for PPE, that visual inspections and regular checks are made (knowing what to check and what to look for) and reporting procedures are in place. Other persons in the workplace may be required to wear PPE (e.g. visitors to the workplace) and must do so according to information or training provided by the PCBU e.g. as part of a site induction provided by the PCBU or as a condition of entry. Australian Standards provide guidance on the selection, use, care and maintenance of PPE and, while they are not specifically referenced in the model WHS legislation, could be used to assist with compliance. Background References WHS Regulations Chapter 3: Part 3.2 WHS Regulations Chapter 3 Part 3.2

Changes in relation to duties and requirements include: Airborne contaminants Specifics for various substances have been removed. Hazardous Atmospheres in the workplace Risks associated with hazardous atmospheres due to the presence of flammable or combustible substances are to be managed. Ignition sources in a hazardous atmosphere (except those associated with a deliberate process or activity) are to be managed. Flammable or combustible substances to be kept to the lowest practicable quantities. Falling objects A PCBU is required to minimise risks from falling objects by providing adequate protection by preventing the object from falling or arresting its’ fall. A previous provision using PPE as a control has been removed. Key points Requirements for airborne contaminants under the new WHS Regulations, rather than identifying specific substances, refer to exposure to a substance or mixture that exceeds the exposure standard for that substance or mixture. Monitoring is to occur where there is any reasonable concern that a substances or mixture exceeds exposure standards or poses a risk to health. Records of air monitoring are to be kept for 30 years after the record is made and are to be made readily available to persons at the workplace who may be exposed to the substance. Hazardous atmospheres may result from the accumulation of flammable or combustible substances in the form of gases, vapours, mists or fumes as a percentage of the atmosphere or by reducing available oxygen below certain levels. A hazardous area may also be created by combustible dust present in a certain quantity or form. The requirement to minimise quantities of flammable or combustible substances in storage at the workplace includes waste liquids in containers or gas cylinders that are empty or full. Falling objects can include equipment, material, tools and debris that can fall or be released sideways or upwards including (see Code of Practice for additional information): roof scaffolding, tools, rock and soil, bricks or equipment that may fall; loads being lifted which are not well secured or are unstable; material, such as timber, or shelves which are over-stacked; fixtures such as pictures, panels and white boards not securely fixed to walls or ceilings; shelves, benches and mezzanine floors not strong enough for the weight of stored items; objects which are heavy or frequently used, stored above shoulder height. Discuss with participants the risk from falling objects in their workplace and control measures. Risks associated with falling objects are to be minimised by using the following (based on the hierarchy of controls): provision of secure barriers to prevent objects falling; provision of a safe means of raising and lowering plant, materials and waste; administrative controls e.g. exclusion zones prohibiting entry Background References WHS Regulations Chapter 3 Part 3.2 Code of Practice: How to Prevent Falls at Workplaces WHS Regulations Chapter 3 Part 3.2

Chapter 4 Hazardous Work
Key points Module 4 covers what is defined under the WHS Regulations as hazardous work and includes: noise; hazardous manual tasks (referred to as manual handling under the NSW OHS Regulations 2001); confined spaces; and falls. This module covers the changes that have occurred in relation to these areas including: meanings of key terms; duties of various duty holders; controls required and the hierarchy for those controls; emergency planning and communications; signage, training and information to be provided; and record keeping. Note: Questions for the activity of this module can be completed at either the end of each relevant section, or as a whole at the end of the module. Background References Model WHS Regulations Chapter 4 Code of Practice: Managing Noise and Preventing Hearing Loss at Work Code of Practice: Hazardous Manual Tasks Code of Practice: Confined Spaces Code of Practice: How to Prevent Falls at Workplaces Reference to specific parts of the WHS legislation are listed on the bottom of each slide.

Hazardous Work Requirements for hazardous work under the WHS Regulations: Noise - exposure standard remains the same; additional monitoring requirement; Hazardous Manual Tasks - previously referred to as manual handling; requirements remain largely unchanged; Confined Spaces - different meanings; signage, recording and communication requirements have changed; and Falls - the hierarchy of controls and record keeping requirements are specified. Related Codes of Practice include: Managing Noise and Preventing Hearing Loss at Work Hazardous Manual Tasks Confined Spaces How to Prevent Falls at Workplaces Key points Key requirements highlighted in this module include changes pertaining to: Noise – the exposure standard remains unchanged, there is an additional requirement for audiometric testing; Hazardous Manual Tasks – there are changes in terminology but the general requirements are unchanged; Confined spaces – there are some key changes in definitions and requirements; and Falls – are identified in the WHS Regulations with specific controls, emergency and recording requirements. Remind participants that Codes of Practice can be used to assist in compliance with the WHS legislation. Their application in the workplace can be used as evidence of compliance in proceedings under the WHS legislation. Topics covered in the draft Codes of Practice generally include: Meanings and explanations of key terms; Duties for various duty holders including consultation requirements; Identifying hazards (including checklists), assessing the risk (including checklists) and controls measures (some examples are provided); Information that is required and is to be provided to relevant persons; Review requirements; and Information specific to the particular hazard. Background References Model WHS Regulations: Chapter 4 Code of Practice: Managing Noise and Preventing Hearing Loss at Work Code of Practice: Hazardous Manual Tasks Code of Practice: Confined Spaces Code of Practice: How to Prevent Falls at Workplaces WHS Regulations Chapter 4

Noise A PCBU must ensure that a worker is not exposed to noise that exceeds the exposure standard (unchanged): the equivalent of 8 hours continuous exposure to 85dB(A); or a peak of 140dB(C) A PCBU must implement control measures as per general risk management requirements. Where a worker is frequently required to wear PPE, the PCBU must now provide audiometric testing for the worker: within 3 months of the start of work; in any event at least every two years. Key points The facilitator is to discuss with participants the terminology used (see below and Fact Sheet 4). Decibels are the measuring unit for sound. The 85dB(A) exposure standard is an 8 hour time weighted exposure. The peak level of 140dB(C) usually relates to loud, sudden noises that can cause immediate damage to hearing. The Decibel scale is logarithmic i.e. the numbers are not added or subtracted in the usual way but increase or decrease at an increasing/decreasing rate. An increase of 3dB in noise levels exposes a person to twice as much noise energy. This means that the length of time a worker is able to be exposed is reduced by half for every 3dB increase in noise level. As an example, a worker exposed to 85dB(A) for 8 hours receives the same amount of noise exposure as someone exposed to 88dB(A) for 4 hours (see Code of Practice for further explanation). The body’s response to noise can include secretion of various hormones including adrenalin, muscle reactions, heart palpitations or constriction of blood vessels. Noise can impair communication; contribute to fatigue and stress; and ultimately cause permanent damage to hearing. A noise assessment will help determine what and where controls are required. Control measures that could be used as examples in discussions with participants include the ‘top ten control measures’ outlined in the Code of Practice: Managing Noise and Preventing Hearing Loss at Work including: design of fan installations to ensure effective unrestricted flow and reduced noise; ductwork - use of lining and damping; fan speed - reduction of speed to reduce noise; pneumatic exhausts - fitting of silencers in specific locations; pneumatic nozzles - replaced with quiet, high efficiency nozzles; damping and vibration isolation pads - use of anti-vibration pads that reduce noise; existing machine guards - review and if required, minimise gaps and use acoustic absorbent; chain and timing belt drives - check for newer, quieter designs; and electric motors - look at general duty motors that are quieter when having to replace motors. Designers, manufacturers, importers and suppliers of have duties to eliminate or minimise noise emissions from the plant at each stage. Background References WHS Regulations: Part 4.1 – Regulations 56-59 Code of Practice: Managing Noise and Preventing Hearing Loss at Work WHS Regulations: Regulations 56-59

Hazardous Manual Tasks
- Definitions - Hazardous Manual Tasks are tasks that involve: Repetitive or sustained movements High or sudden force Repetitive force Sustained or awkward posture Exposure to vibration Musculoskeletal disorder (MSD) is an injury to, or disease of, the musculoskeletal system (bones, muscles and joints) that may occur suddenly or over time. It does not include injuries resulting principally from mechanical operation of plant e.g. cutting, crushing. Key points The requirements pertaining to the newly named ‘hazardous manual tasks’ are very similar to manual handling requirements under the NSW OHS Regulations 2001 Part 4.4. The PCBU must consult with workers and other duty holders (e.g. building owners and owners of other businesses) when identifying, assessing and controlling risks associated with hazardous manual tasks. Musculoskeletal disorders (MSD) can occur through gradual wear and tear over long periods of time or as the result of sudden damage from strenuous activities or sudden, unexpected movements. Examples of MSD include strains, torn muscles or ligaments, carpal tunnel syndrome. Awkward positions/postures can be required in small or unusual spaces or may need to be sustained for long periods posing a risk. Various forces may be required in undertaking a work task that have the potential to cause harm and need to be identified e.g. high, sustained, sudden or repetitive forces. Vibration can contribute to MSD through whole body vibration (e.g. driving heavy vehicles long distances) or hand-arm vibration. Discuss how various factors can contribute to MSDs including the work environment (e.g. available work space); work systems (e.g. rushed schedules); equipment used (e.g. equipment that is not fit for purpose); and characteristics of individuals (e.g. pre-existing medical conditions). Background References WHS Regulations: Part 4.2, Regulations 60-61 Code of Practice: Hazardous Manual Tasks WHS Regulations: Regulations 60-61

Hazardous Manual Tasks
Duties: A PCBU is required to manage the risk of a ‘musculoskeletal disorder’ arising from a hazardous manual task. Control measures: When deciding on control measures, the PCBU needs to take into account: Postures, movements, forces and vibrations related to the task Duration and frequency of the task; Workplace environmental conditions that may affect the task or the worker performing it; Design and layout of the work area; Systems of work being used; Nature, size, weight or number of persons, animals or things involved in the task. Key points A PCBU is required to identify all tasks that are or could be performed by a worker (i.e. includes contractors etc.) that may involve hazardous manual tasks. Discuss how these hazards can be identified e.g. through consultation, incident/injury records, observations of work tasks etc. In looking at the design of the work area and workplace layout, factors to consider include allowance for sufficient room for work activities and people movements, position and access to materials etc. Systems of works may require review, for example, the resources available (e.g. enough people being available to do the job so that rushing doesn’t occur), sufficient rest breaks being taken or variations in work load and pace. Look at the nature of things involved in the task e.g. handling people; the nature of a load (e.g. size, bulk, weight, fluidity); tools and equipment available and to be used; or handling animals. When looking at the environment where the task is undertaken consider changes in level, surfaces, space, access and exit, temperature, vibration, lighting, exposure to winds etc. Mechanical aids that can be used will vary depending on the industry. Ask participants what is used in their workplaces (fixed or mobile aids) and any potential issues (e.g. fit for purpose, maintenance). Administrative controls can include job rotation, team handling, information, training and instruction. Keeping records can not only help towards demonstrating compliance but can be used to review the effectiveness of controls. The review process should include consultation with workers and other duty holders such as manufacturers, designers and suppliers where applicable. Discuss how PCBUs would know if an item is not being used for its intended purpose and how this may result in a MSD. For example, through workplace inspections, safety observations and consultation with workers and other duty holders. Discuss what changes could occur that may involve a hazardous manual task, for example, changes in the people being handled, the materials being used (changes in shape and size) or changes in the location where the work is being undertaken. Background References WHS Regulations: Part 4.2, Regulations 60-61 Code of Practice: Hazardous Manual Tasks WHS Regulations: Regulations 60-61

Falls Management of Risk of Falls
A situation that exposes a worker while at work, or another person at or near the workplace, to a risk of a fall from one level to another that is ‘reasonably likely’ to cause injury. Duties A PCBU is required to identify all fall hazards associated with the business or undertaking. What measures could be used to control the risk of a fall? Which are considered the most effective controls and why? Key points Fall hazards include situations where a worker or other person (e.g. visitor) is: in or on a workplace, including plant (e.g. cranes), or a structure (e.g. a building roof, elevated walkway), that is at an elevated level; anything used to gain access to these elevated levels of plant or structures e.g. stairs or ladders; near any opening or near the edge where a person could fall (e.g. a stairwell, an excavation, skylight); or on or near a surface through which a person could fall (e.g. brittle roof) or a slippery, sloping or unstable surface from which a person could fall (e.g. disturbed ground on a construction site). After determining the various situations where there are potential fall hazards, the PCBU must then assess how reasonably likely such a fall is to cause injury. For example, a slip on a gravelly surface when exiting an excavator could potentially cause a sprain or broken bone. The Code of Practice provides detailed information on factors to consider in the assessment e.g. design and layout, distance of the potential fall, weather conditions, maintenance and inspection of equipment etc. Other fall hazards to consider include fragile roofs, grid mesh and checker plate flooring panels. The Code of Practice states that a risk assessment is unnecessary if you already know the risk and how to control it. Discuss with participants: how the PCBU could identify potential fall hazards. Responses may include through inspections, in developing Safe Work Method Statements (SWMSs) or through safety observations. Facilitators lead into next slide: Discuss with participants how they have seen these types of fall hazards controlled and what they think might be the most effective types of controls. The WHS Regulations set out a clear hierarchy of controls to be followed and this is discussed in the next slide. Background References WHS Regulations: Part 4.4, Regulations Code of Practice: How to Prevent Falls at Workplaces WHS Regulations: Regulations 78-80

Falls Risk Control Measures (the hierarchy of controls is now clearly specified) A PCBU must ensure that, as far as reasonably practicable, work involving the risk of a fall is carried out on the ground or on solid construction. If it is not reasonably practicable to eliminate the risk of a fall, the PCBU must provide adequate protection against the risk of a fall, by providing safe systems of work including (in descending order): Use of a fall prevention device (e.g. guard rails); or Use of a work positioning system (e.g. EWP); or Use of a fall arrest system (e.g. harness) if 1 and 2 are not reasonably practicable. The use of these controls should include training, procedures, permit systems and signage as required. Key points The WHS Regulations establish the elimination of fall hazards by conducting the work at ground level or on a solid construction. This is usually best achieved at the design stage (advice is provided in the draft Code of Practice on ways in which this can be done). A fall prevention device is any equipment that is designed to prevent a fall and which, after installation, does not require ongoing adjustment, alteration or operation by the worker e.g. scaffolding, elevated work platforms, mast climbing work platforms and building maintenance units. A work positioning system involves the use of equipment, other than a temporary work platform, that allows a person or thing to be positioned and safely supported, where and while the work is being done e.g. industrial rope access systems and travel restraint systems. A fall arrest system is designed to prevent or reduce the severity of an injury to a person if a fall does occur e.g. industrial safety nets, individual fall arrest systems and catch platforms. If the work being carried out is construction work, a SWMS will need to be prepared if a person is at risk of falling more than 2m. Ladders and administrative controls are considered the least effective as they rely on workers’ compliance and require increased supervision. Background References WHS Regulations: Part 4.4, Regulations 78-80 Code of Practice: How to Prevent Falls at Workplaces WHS Regulations: Regulations 78-80

Falls Emergency procedures – where a fall arrest system is implemented, a PCBU must: Establish emergency and rescue procedures for the rescue of persons; Test the procedures to ensure effectiveness; Provide adequate information, training and instruction in emergency and rescue procedure to workers. Key points The WHS Regulations require that risk control measures are regularly reviewed to ensure continuing suitability and adequacy; correct set-up and use; effectiveness and adequate maintenance. Discuss with participants how this review process may be implemented e.g. as part of tool box talks, safety observations, review of SWMS, set maintenance schedules and inspections. Emergency and rescue procedures relating to use of control measures (e.g. rescue at heights ) and for the rescue of persons may be part of the business/activity’s overall emergency plan. A specifically designed rescue procedure should be developed for use in ladder cage situations. When developing emergency and rescue procedures the PCBU must consider: Location of the work area Communications Rescue equipment required and or available Capabilities of rescuers First aid Local emergency services, if they are to be relied on as part of the rescue plan. Emergency procedures are required to be tested to ensure that they efficient and effective e.g. rescue at height plans and procedures require testing. As with other chapters and topics of the WHS Regulations, a review of risk control measures is required at certain times or at the request of the HSR and, where necessary, the control measures revised accordingly. Background References WHS Regulations: Part 4.4, Regulations 78-80 Code of Practice: How to Prevent Falls at Workplaces WHS Regulations: Regulations 78-80

Electrical Equipment Unsafe Equipment under the WHS Regulations must:
be disconnected (or isolated) from its electricity supply; and once disconnected (or isolated): not reconnected until it is repaired or tested and found to be safe; or replaced or permanently removed from use. Changes in testing and inspection: A PCBU is required to regularly have electrical equipment inspected and tested by a competent person if: supplied with electricity through an electrical socket; and the equipment is exposed to conditions that are likely to cause damage or a reduction in its expected life span, including exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust. Records of this testing can be in the form of a tag attached to the electrical equipment tested. Equipment that requires testing and is not tested, is not to be used. Key points The new WHS Regulations introduce specific requirements dealing with unsafe electrical equipment to ensure that they do not pose a risk to health and safety for people in the workplace. There have been significant changes in expectations relating to inspection and testing and the keeping of records. Registers are no longer required but can provide evidence of compliance and help manage risk associated with electrical equipment. This may assist small businesses with only a very few electrical items by not having to maintain a register, but larger businesses or those with sufficient pieces of electrical equipment may prefer to maintain electrical equipment registers that includes testing information to help manage these items. The key principles of managing risks associated with electrical equipment require that any equipment that is attached to an electrical socket and that may be subject to conditions that have the potential to cause damage e.g. rubbing against a metal cabinet that exposes wires, water damage etc. requires testing and inspection at regular intervals. A tag on the equipment that specifies the name of the person who carried out the testing, the date of testing, the outcome of the testing and the date on which the next testing must be carried out is considered to be sufficient record. The intervals for inspection will depend on matters such as the work environment and work activities. Codes of Practice and Australian Standards can help provide guidance as to appropriate testing regimes. Additional duties for electrical equipment and installations and construction require that a PCBU that includes the carrying out of construction work must comply with AS/NZS 3012: Electrical installations—Construction and demolition sites. Background References WHS Regulations: Chapter 4, Part 4.7 WHS Regulations: Chapter 4

Chapter 7 Hazardous Chemicals Asbestos and Major Hazard Facilities
Key points Module 7 covers the changes in requirements for hazardous chemicals in the workplace. The NSW OHS Regulation 2001 covered hazardous chemicals as two separate chapters being hazardous substances and dangerous goods. Both are treated under the new WHS Regulations as Hazardous Chemicals. We have also moved from the Australian systems for chemicals to the globally harmonised system (GHS) for chemicals. This impacts on various requirements including those for information, exposure standards and use of symbols. New terminology will be discussed. A number of draft Codes of Practice are already awaiting final approval (see below) and more will be produced with the implementation of the WHS legislation. Some requirements that were previously covered in Codes of Practice are now incorporated in the WHS Regulations and are discussed in this module. Background References WHS Regulation Chapter 7 Hazardous Chemicals, Chapter 8 Asbestos and Chapter 9 Major Hazard Facilities. Code of Practice: How to Manage Work Health and Safety Risks Code of Practice: Labelling of Workplace Hazardous Chemicals Code of Practice: Preparation of Safety Data Sheets for Hazardous Chemicals. Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos

Hazardous Chemicals Classification and exemptions
Packing, storage and handling systems Information - labelling, registers, manifests and placards Control of risks including spills and emergency plans Health monitoring Induction, training, information and supervision Specific requirements – Lead, Asbestos and Major Hazard Facilities Key points The requirements for both hazardous substances and dangerous goods are now incorporated in the one chapter on hazardous chemicals. Asbestos is treated in a separate chapter. Various requirements that were previously covered in Codes of Practice are now incorporated in the WHS Regulations and the Codes of Practice can be used to obtain further information. The requirements for major hazard facilities are covered in Chapter 9 of the WHS Regulations. Classifications of substances are now based on an international system the globally harmonised system (GHS). Additional requirements for emergencies and spill containment have been included in the new WHS Regulations. Specific requirements regarding the provision of relevant information and supervision to ensure safe use of hazardous chemicals are included in this module. The key requirements for Lead, Asbestos and Major Hazard Facilities are included in this Hazardous Chemicals module. Management of asbestos related risks are also covered in separate Codes of Practice : Code of Practice: How to Manage and Control Asbestos in the Workplace Code of Practice: How to Safely Remove Asbestos Background References WHS Regulations Chapters 7, 8 and 9. Labelling of Workplace Hazardous Chemicals Preparation of Safety Data Sheets for Hazardous Chemicals WHS Regulations: Chapter 7, 8 and 9

Hazardous Chemicals - Classification -
Classification of hazardous substances is now based on the international GHS* published by the United Nations and includes hazardous chemicals and dangerous goods. Substances now exempt from the requirements of WHS Regulations include: Hazardous chemicals in batteries that are incorporated in plant; Fuel, oils and coolants fitted in equipment intended for its operation; Fuel contained in a portable fuel burning item not exceeding 25 litres or 25 kgs; Hazardous chemicals in portable firefighting or medical equipment; Hazardous chemicals that are part of freight refrigeration systems; and Potable liquids that are consumer products at retail outlets. Key points Hazard classification under the NSW OHS Regulation 2001 is based on the document entitled “Approved criteria for classifying Hazardous Substances” [NOHSC: 1008 (1999)] published by the National OHS Commission (NOHSC) and accessed through Safe Work Australia. This system has been replace by the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) that is published by the United Nations. The GHS includes criteria that has been agreed to globally and used to classify both substances and mixtures for; physical characteristics such as explosiveness, flammability; health hazards such as acute effects, carcinogenicity; and environmental hazards. The GHS is intended to address how labels and safety data sheets (SDS) should be used to convey information about their hazards and how to protect people from these effects. SDS replace MSDS. Requirements for content are stipulated in the WHS Regulations. SDS are integral to the management of hazardous chemicals in the workplace and contain information on the risks posed by chemicals and ways to minimise those risks. The SDS provides both PCBUs and workers with the information required to use, handle, store, transport and dispose of substances. The SDS also provides information on emergency response and any specific requirements for personal protective equipment (PPE). Access to the SDS is critical for workers to enable them to contribute to decision on the managements of chemicals. The list of substances exempt from the requirements of the WHS Regulations has been expanded to include those substances that in the normal activities of the workplace remain contained within equipment being used, are of a small quantity unlikely to pose a risk and/or are kept in a retail situation for sale. Food and beverages, therapeutic goods, tobacco and its products and cosmetics and toiletries remain exempt . Background References WHS Regulations Chapter 7 WHS Regulations Schedule 9 Part 1 * GHS - Globally Harmonised System of Classification and Labelling of Chemicals WHS Regulations: Chapter 7

Packing storage and handling systems
Containers used to package hazardous chemicals are required to be: in sound condition and made of compatible material; able to safely contain the material for the time required; and not usually used, or could be mistaken for, containing food. Storage and handling systems PCBU’s are required to ensure where systems are used for the use, handling or storage of hazardous chemicals: it is only used for its intended purpose; it is operated, tested, maintained, installed, repaired and decommissioned with regard to the health and safety of workers; and information, training and instruction is given to a person who operates, tests, maintains or decommissions the system. Key points Requirements for packing were previously either covered in Codes of Practice or partly in the NSW OHS Regulation 2001 e.g. for certain dangerous goods but are now described in more detail in the WHS Regulations. The PCBU that is the manufacturer of a hazardous chemical has a duty to ensure correct packing of hazardous chemicals that complies with the specific requirements of Schedule 9 Part 2 of the WHS Regulations and, where relevant, the Australian Dangerous Goods (ADG) Code. Where there are storage and handling facilities within a workplace, the WHS Regulations continue to require the PCBU ensure the health and safety of persons in the operation, testing, maintenance etc of the system. The WHS Regulations now specifically require that any person involved in the operation, testing, maintenance and decommissioning of these systems receives adequate information, training and instruction . Additional requirements for storage and handling systems are covered in the Schedules 9, 10,11 and 12 of the WHS Regulations. Schedule 15 covers hazardous chemicals at major hazard facilities. Background References WHS Regulations Chapter 7 WHS Regulations: Chapter 7

Hazardous Chemicals - Information-
Safety Data Sheets (previously referred to as MSDS) – see Fact Sheet Content is now prescribed in the WHS Regulations. Labelling Specific requirements exist for general, small containers, waste products, etc (see Schedule 9: Part 3); Decanted substances must now be labeled if not to be used immediately (previously within 12 hours) or if given to someone else; Requires product identifier, Australian contacts and a hazard pictogram or hazard statement (new wording) and chemical expiry date. Hazardous Chemical Registers Safety Data Sheets are to be included and the SDS Register maintained; A notation in the register is no longer necessary when a risk assessment for a hazardous chemical is not required. Key points Material Safety Data Sheets (MSDS) are now to be referred to as Safety Data Sheets (SDS) ,being consistent with the terminology and requirements of the GHS that Safe Work Australia is implementing as part of the model WHS legislation framework. The content of a MSDS was previously defined under a Code of Practice but these requirements are now prescribed in the WHS Regulations under Schedule 7. SDS for chemicals that are intended for research; as samples for analysis or are waste products also require a shortened version of the SDS that contains information that may be critical in managing risks associated with the chemical. Some requirements for the labelling of substances that were previously included in the Code of Practice are prescribed in the new WHS Regulations. The Code of Practice provides further information. Decanted substances (those poured into another container) must be labelled if not being used immediately or if being given to someone else (previously if not used with 12 hours) e.g. cleaning products decanted and put into cleaning trolleys for use. The hazard pictogram and hazard statement referred to are derived from information in the GHS and differ from what is currently in use e.g. varies from the dangerous goods symbols. Pipelines containing hazardous chemicals are required to be identified by a label, sign or another way on or near the pipe work. Registers are required to be maintained and made accessible as per current requirements. There is no longer a requirement to make a notation in the register of hazardous chemicals if no specific measures are necessary to control the risks associated with exposure to the hazardous substance. The current requirement of preparing a report on the risk assessment if specific measures are necessary to control the risks associated with exposure to the hazardous substance are less detailed in that a written risk assessment is not prescribed. Background References WHS Regulations Chapter 7 WHS Regulations: Chapter 7

Hazardous Chemicals - Information- Placards and manifests: Placarding
now align with the classification and requirements of the GHS; the number of items covered has greatly increased; and threshold quantities have increased, decreased or remained the same. Placarding similar to current requirements with wording changed to reflect the GHS e.g. reference to goods too dangerous to be transported changed. Manifests similar to current requirements and are to include the after hours contact details of 2 persons in case of an incident. Safety Signs do not include placards must be displayed next to the hazard and be clearly visibile, warn of particular hazards and state the responsibilities of a particular person. Key points The requirements for manifests and placards are similar to the current requirements described for dangerous goods but now apply as hazardous chemicals described under the GHS. Under the new WHS Regulations there are now 42 items referenced in Schedule 11 of the WHS Regulations as opposed to the current 7 groups to reflect the information contained in the GHS. The threshold quantities for manifests or placards remain relatively unchanged for exiting categories while some additions have been made e.g. combustible liquids and organic peroxides (decreased thresholds) . Corrosives have been given a separate categories based on skin corrosion and corrosiveness to metal. Requirements for placarding now cover all hazardous chemicals being consistent with the GHS Information to be displayed where safety signs are required to control an identified risk in relation to using, handling, generating or storing hazardous chemicals at a workplace is now specified includes; information to warn of a particular hazard associated with hazardous chemicals used, handled, generated or stored at the workplace. a statement of the responsibilities of a particular person in relation to hazardous chemicals used, handled, generated or stored at the workplace for example the person to provide access to information in relation to the hazardous chemical. These requirements are different from those of placards and apply where smaller quantities are in use. Background References WHS Regulations: Chapter 7 WHS Regulations: Chapter 7

- Controlling and reviewing risks -
Hazardous chemicals - Controlling and reviewing risks - WHS Regulations now specify factors to consider when assessing risks and when risks are to be reviewed. Factors to consider in managing risks Circumstances requiring review of risks Hazardous properties Risk of a physical or chemical reaction The nature of work to be carried out Structure, plant or systems of work: used in the use, handling, generation or storage; or could interact with hazardous chemicals Potential fire and ignition sources (Part 3.2 Clause 52) Any change in the SDS or SDS Register Health monitoring where there are: results indicating raised levels disease, injury or illness associated with the hazardous chemical recommendations for remedial actions Exposure standards have been exceeded At least every five (5) years Key points The new WHS Regulations now prescribes factors that must be considered in managing risks in relation to the use, handling, generating or storing of hazardous chemicals including dangerous goods, in addition to the general risk requirements of the WHS Regulations (Part 3.1). In addition to the general requirements of Regulation 38 to review control measures i.e. When: a risk control measure fails to control the risk (e.g. as determined by monitoring or a notifiable incident occurs); a change in the workplace or work systems occurs that is likely to give rise to a new or different risk; a new relevant hazard or risk is identified; consultation indicates a review is required; or a HSR requests a review (a new requirement) i.e. when any of the above occurs that affects/may affect a member of the HSR’s workgroup; and the PCBU hasn’t adequately reviewed the measures in response to that circumstance. There are other times as to when risk associated with hazardous chemicals are to be reviewed as stipulated by the WHS Regulations. Health monitoring where results indicate raised levels is in reference to metabolites (the products of the metabolism in the body) of the substance. The medical practitioner may make a recommendation as to remedial measure that may need to be taken in response to the results of health monitoring in relation to a substances that triggered the requirement for health monitoring. Under NSW OHS Regulations 2001 any serious incident or other incident involving dangerous goods occurring at the premises must be investigated and the investigation, so far as possible, must: determine the cause or likely cause of the serious incident or other incident, and a record of the investigation keep it for at least 5 years, and make it readily available, on request, to an inspector. This requirement has been removed from the WHS Regulations except in relation to major hazards facilities. Background References WHS Regulations Chapter 7 Note: The requirement to record an incident investigation to determine the cause/likely cause of a dangerous goods incident (except in relation to major hazard facilities) has been removed. WHS Regulations: Chapter 7

Hazardous chemicals - Controlling Risks -
Fire and ignition sources A PCBU must ensure an ignition source is not introduced to a hazardous area where there is a possibility of a fire or explosion. Spills and damage Containment of spills is required for all hazardous chemicals (not just dangerous goods). Compatibility of substances or mixtures must be considered. Provision is to be made for clean-up and disposal of wastes. Emergency Plans The plan is required to address all hazardous chemicals not just dangerous goods. A copy of plans must be given to the primary emergency services where manifest quantities (Schedule 11) are exceeded. Fire, emergency and safety equipment Fire loads, including those from other sources, are to be assessed. Assessment criteria now includes use and generation of hazardous chemicals. Records of testing of fire equipment are to be retained. Protection Wording has changed to require protection ‘against damage by an impact or excessive loads’ (broader concept). Key points Ignition sources are not to be introduced from with outside or within an area considered to be a hazardous area. A hazardous area is defined in AS/NZS (Electrical apparatus for explosive atmospheres – classification of hazardous areas) and AS/NZS (Electrical apparatus for use in the presence of combustible dusts - classification of areas where combustible dust may be present). Spill containment was covered under dangerous goods requirements in the NSW OHS Regulation 2001 but now encompasses requirements for all hazardous chemicals in solid or liquid form. Spill containment systems are not permitted to bring together two different hazardous chemicals that are not compatible. Compatible, for 2 or more substances, mixtures or items, means that the substances, mixtures or items do not react together to cause a fire, explosion, harmful reaction or evolution of flammable, toxic or corrosive vapours. The PCBU is required to submit an emergency plan to a primary emergency service (as defined in the WHS Regulations) for a review and where a written recommendation is made on its content or effectiveness, the plan is to be revised. The fire protection and fire fighting equipment must reflect the types of hazardous chemicals in the workplace and the quantities used handled, generated or stored. A PCBU is required to provide, maintain and have readily accessible any safety equipment required to control an identified risk in relation to hazardous chemicals. Under the NSW OHS Regulation 2001, an occupier must ensure, as far as is reasonably practicable, that any containers, pipework, attachments, equipment containing, or associated with, of dangerous goods on the occupier’s premises are protected from physical damage resulting from activities in or on the premises, including impacts, imposed loads and mechanical stress. The requirements now extend to all hazardous chemicals. Background References WHS Regulations Chapter 7 WHS Regulations: Chapter 7

Hazardous Chemicals - Health monitoring - Key points include:
Health monitoring (previously health surveillance) still covers the same hazardous chemicals; is required for all exposed workers and includes some additional types of monitoring. Information about monitoring requirements must be given to persons who may be exposed prior to starting work. Health monitoring report content is now stipulated including results and advice. A copy of the report is to be provided, by the PCBU commissioning the health monitoring, to all other PCBUs required to provide the health monitoring. Key points Health monitoring (of an equal or better type as prescribed under the WHS Regulations) is required for workers (as defined under the WHS Act) that: carry out ongoing work at a workplace using, handling, generating or storing hazardous chemicals and there is a significant risk to the worker's health through exposure to a hazardous chemical referred to in Schedule 14, table 14.1, column 2; or because of ongoing work by a worker with hazardous chemicals there is a significant risk of exposure to a chemical not referred to in Schedule 14, table 14.1 and either; valid techniques are available to detect the effect on the worker's health; or a valid way of determining biological exposure is available and it is reasonably uncertain, whether the exposure to the hazardous chemical has resulted in the biological exposure standard being exceeded. Examples of additional types of monitoring that have been included in the WHS Regulations include: Organophosphates pesticides – demographic and history of use. Estimates are to be made on the day the substances are used. Polycyclic aromatic hydrocarbons (PAH) – records of photosensitivity and the provision of health advice including recognition of photosensitivity and skin changes. Vinyl chloride – physical examination Lead – biological monitoring. Health monitoring is to be supervised by registered medical practitioner with experience in health monitoring and the worker is to be consulted in this selection. Content of the health monitoring report is to cover: the name and date of birth of the worker; the name and registration number of the registered medical practitioner; the name and address of the PCBU who commissioned the health monitoring; and the date of health monitoring; any test results that indicate that the worker has been exposed to a hazardous chemical; any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring; any recommendation that the PCBU take remedial measures, including whether the worker can continue to carry out the associated work; and whether medical counselling is required for the worker. The worker and other relevant PCBUs are to be informed of the results of health monitoring. Records are still to be kept for 30 years. Background References WHS Regulations Chapter 7 WHS Regulations: Chapter 7

Hazardous Chemicals - Key requirements - Supervision
is now specifically required to protect workers whose work activities are likely to expose them to a hazardous chemical; and must be suitable and adequate having regard to: nature of the risk associated with the hazardous chemical; and the information, training and instruction required i.e. relevant to the nature of the risk and the required controls. Prohibited and restricted carcinogens use, handling and storage remain subject to stringent conditions; and additional information is required in the application to WorkCover for use. Restricted hazardous chemicals are listed in Schedule 10 WHS Regulations - changed from prohibited use; include restricted use, handling or storage of PCBs to certain situations e.g. in existing electrical equipment or construction material. Key points Section 19(3)(f) of the WHS Act requires the provision of information, training, instruction and supervision. Additional requirements under the WHS Regulations for supervision in relation to hazardous chemicals include where a worker: uses, handles, generates or stores a hazardous chemical; or operates, tests, maintains, repairs or decommissions a storage or handling system for a hazardous chemical; or is likely to be exposed to a hazardous chemical. Note that under the new definition of a worker in the WHS Act, supervision of contractors etc. is required. Various hazardous chemicals have prescribed restricted uses that were previously listed as prohibited use under the NSW OHS Regulation Additional hazardous chemicals have been included in the list. Use of restricted carcinogens requires authorisation from WorkCover. A PCBU at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store (see WHS Act s43), polychlorinated biphenyls (PCBs) unless the use, handling or storage is: in relation to existing electrical equipment or construction material; or for disposal purposes; or for genuine research and analysis. Background References WHS Regulations: Chapter 7 WHS Regulations: Chapter 7

WHS Regulations Course
Chapter 9 WHS Regulations Course - Summary and Review - Key points Module 9 provides for a course review and summary of key points. The facilitator should use this time to clarify any issues or questions that may not have been addressed during the course or to clarify any misunderstandings identified in responses. Slides with review questions are followed with an answer slide. The facilitator can record participant’s answers on a white board ( where available) before proceeding to the next slide with answers (time permitting). At the end of the questions section, participants are required to complete the handout provided that is a repeat of the activity from Module 1. The group can then go through and compare their answers. These sheets are to be taken up by the facilitator for review. Participants are requested to complete evaluations form/s. Certificates of attendance can be issued if available. Background References WHS Act WHS Regulation Facilitator’s notes Fact sheets

Key changes Review Question 1
What are some of the key changes to current NSW OHS legislation resulting from the introduction of WHS legislation? Key points Issues discussed in Module 1 are to be covered. See next slide for potential answers. Remind participants of the legislative framework shown in Module 1 of notes i.e. that the states/territories, Commonwealth are required to mirror model WHS legislation in their jurisdiction. Background references

Key changes in NSW OHS legislation
Key changes to NSW OHS legislation include: Definitions and terminology e.g. confined spaces, falls; Written risk assessments not always required; Specific controls for some aspects (e.g. falls) Removal of some licence classes; Removal of specific requirements for some areas e.g. electroplating, welding although risk management duties still apply. Key points Facilitator is to discuss these and clarify any issues. Background references WHS Act WHS Regulations

Review Question 2 What are some of the areas covered the under General Risk and Workplace Management requirements for PCBUs? Key points Facilitator is to briefly review the requirements for general and workplace risk management and clarify any questions the participants may have. Potential answers are included on the next slide. Background references WHS Regulations Chapter 3

Areas addressed under this section include: Managing risks to health and safety (including maintenance and review) Training, information and instruction Workplace facilities (previously referred to as amenities) First Aid and Emergency Plans Remote or isolated work Personal Protective Equipment (PPE) Airborne contaminants, hazardous atmospheres and storage of flammables and combustibles Falling objects Key points General risk and workplace management includes the overall requirements for risk management , including the hierarchy of controls. This section also contains other requirements for risks commonly found in workplaces. Background references WHS Regulations Chapter 3.

Consultation and Representation
Review Question 3 What are the requirements of the default issue resolution procedure in the WHS Regulations that applies only when there is no agreed procedure as required under the WHS Act? Key points Facilitators should briefly revise the areas covered by this module (including the default issue resolution procedure). Potential answers are included on the next slide. Background References WHS Regulations

Consultation and Representation
The default procedure requires: All parties to be informed there is an issue to be resolved and the nature and scope of the issue; The involved parties meet or communicate to resolve the issue; Certain matters to be taken into account (see Fact Sheet 2); Any party involved in the issue to be represented by a nominated person if they choose to do so; The details of the issue and its resolution to be put in writing to the satisfaction of all parties involved in the issue where requested; A copy of the written agreement to be provided to: parties to the issue (e.g. unions, employer organisations); and if requested, the workplace’s health and safety committee. Key points The default issue resolution procedure must be followed where a issue resolution procedure is not already in place. Matters that need to be taken into account include: The degree and immediacy of risk to workers and others who may be involved in the issue e.g. the general public or contractors. Number and location of workers affected e.g. workers may be at a variety of locations or off site. The measures (temporary or permanent ) that need to be implemented to resolve the issue Who is responsible for implementing the resolution, for example, the person who is acting on behalf of the PCBU in implementing a solution. Background references WHS Regulations

Hazardous Work Review Question 4
What areas of WHS are covered under ‘Hazardous Work’ and what are some of the key changes? Key points Hazardous work addresses work that is likely to cause harm if appropriate controls are not put in place by the PCBUs involved. Potential answers are included on the next slide. Background References WHS Regulations

Hazardous Work Areas covered under Hazardous Work, and key changes include: Noise - exposure standard remains the same; additional monitoring requirement; Hazardous Manual Tasks - previously referred to as manual handling; requirements remain largely unchanged; Confined Spaces - different meanings; signage, recording and communication requirements have changed; and Falls - the hierarchy of controls and record keeping requirements are specified. Key points Facilitator is to discuss any questions or issues participants may have around hazardous work. Background References WHS Regulations

Hazardous Chemicals Review Question 5
What are some of the specific requirements for controlling hazardous chemical risks? Key points The WHS Regulations require that specific factors are considered when assessing risks, and particular requirements need to be met when controlling risks relating to hazardous chemicals. Potential answers are included on the next slide. Background References WHS Regulation Chapters 7-9

Hazardous Chemicals Requirements for controlling hazardous chemical risks include: A PCBU must ensure an ignition source is not introduced to a hazardous area where there is a possibility of a fire or explosion. Containment of spills is required for all hazardous chemicals (not just dangerous goods). Compatibility must be considered. Provision is to be made for cleanup and disposal of wastes. Emergency plans are required to address all hazardous chemicals not just dangerous goods. A copy of plans must be given to the primary emergency services where manifest quantities are exceeded. Fire loads, including those from other sources, are to be assessed. Assessment criteria now includes use and generation of hazardous chemicals. Records of testing of fire equipment are to be retained. Hazardous chemicals must be protected ‘against damage by an impact or excessive loads’. Key points Facilitator should briefly review these requirements, so that workers are clear on what the PCBUs they are involved with are required to do. Clarify any issues participants may have regarding hazardous chemicals. Background References WHS Regulations Chapters 7-9

Sources of information
Safe Work Australia - WorkCover NSW - National Safety Council of Australia - Course Fact Sheets IEU - Encourage participants to check these sites for information on work health and safety issues that are of interest or concern to them and to keep up to date with changes.

Sources of information
Union organisations including: Unions NSW - Police Association NSW - Australian Manufacturing Workers Union - Construction, Forestry, Mining and Energy Union (CFMEU) LHMU (United Voice) - Transport Workers Union – Health Services Union – Other union web sites may be nominated depending on the group receiving training.

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