Safety In The Workplace
www.safetyintheworkplace.com.au
This is used by looking up each section in the identified Legislation WHS Act 2011 & WHS Regulations 2011, BFSR 2008, ESR 2008, WCR Act 2003 & WCR Regulations 2003 A more detailed explanation would be covered in an Audit and Consultation that we can provide
Standard Legislative Requirements for General Business Introduction Summary: If only the Safety Laws could be summarised in one simple sentence; “Looking after others is looking after yourself” The Legislation sections that follow this introduction are the standards of safety that majority of businesses must abide by. As this list can be a little overwhelming we have provided six important safety points to get you started. 1. Each business must take the time to identify hazards and risks that would affect any workers. They must then do something about it……The new Work Health Safety Act 2011 determines that you are personally liable for anybody who does any work for you, anywhere. This includes contractors, labour hire etc. There is a possible $300,000 fine or 5 years imprisonment (and/or imprisonment in NSW) for failure to do so…….. 2. There is a legal process for risk control called the “Hierarchy of Controls” (see WHS Regulation s35 following). You must attempt to eliminate the risk first and if elimination is not possible, then, and only then, place controls to minimise the risk …. a. For example, you have identified that a workplace is noisy, or even simply has trip hazards on the office floor such as power leads. The law states you must try to eliminate the risk FIRST (ie noiseless machines and get rid of the leads), then try to reduce it (ie mufflers on the noisy machine and covers for the leads) and then if all other attempts have been made you must supply the correct PPE (Personal Protective Equipment) such as earplugs for the noise and new anti-trip shoes for the leads (if at all possible)…. b. Personal Protective Equipment is your LAST choice/option. . 3. Each business must have an Emergency Plan which includes a list of must haves such as first aid, communication for workers etc. 4. Each business must have a Fire Plan, practice an evacuation and learn about some Fire Fighting equipment/techniques. A Fire Safety Advisor is required for a business with 30+ workers. There are too many fines to list for non-compliance. 5. Each business must provide electrical testing of equipment used. You will need to read the sections I have outlined to see which requirements suit your particular type of business. 6. Insurance should be considered and a Return To Work Coordinator may be necessary. For assistance on how to use this guide or for any other information contact me either by email jon@safetyintheworkplace.com.au or on my mobile 0466 726965.
Safety In The Workplace
www.safetyintheworkplace.com.au
This is used by looking up each section in the identified Legislation WHS Act 2011 & WHS Regulations 2011, BFSR 2008, ESR 2008, WCR Act 2003 & WCR Regulations 2003 A more detailed explanation would be covered in an Audit and Consultation that we can provide
Work Health Safety Act and Regulations 2011 WHS ACT s30 Health and safety duty WHS ACT s31 Reckless conduct—category 1 WHS ACT s32 Failure to comply with health and safety duty—category 2 WHS ACT s33 Failure to comply with health and safety duty—category 3 WHS Regs s707 Failure to comply with health and safety duty WHS REGS s708 Failure to comply with health and safety duty WHS ACT s18 What is reasonably practicable in ensuring health and safety WHS ACT s19 Primary duty of care WHS REGS s703 Primary duty of care WHS REGS s40 Duty in relation to general workplace facilities WHS REGS s41 Duty to provide and maintain adequate and accessible facilities WHS REGS s42 Duty to provide first aid WHS REGS s378 Health monitoring records WHS REGS s443 Duty to provide health monitoring report to relevant persons conducting business or undertakings WHS REGS s444 Health monitoring records WHS REGS s43 Duty to prepare, maintain and implement emergency plan WHS ACT s27 Duty of officers WHS REGS s704 Duty of officers WHS ACT s28 Duties of workers WHS REGS s46 Duties of worker WHS ACT s29 Duties of other persons at the workplace WHS REGS s47 Duty of person other than worker WHS REGS s705 Duties of other persons at relevant premises WHS REGS s39 Provision of information, training and instruction WHS ACT s17 Management of risks
Safety In The Workplace
www.safetyintheworkplace.com.au
This is used by looking up each section in the identified Legislation WHS Act 2011 & WHS Regulations 2011, BFSR 2008, ESR 2008, WCR Act 2003 & WCR Regulations 2003 A more detailed explanation would be covered in an Audit and Consultation that we can provide
WHS REGS s34 Duty to identify hazards WHS REGS s35 Management of risk WHS REGS s36 Hierarchy of control measures WHS REGS s37 Maintenance of control measures WHS REGS s38 Review of control measures WHS REGS s60 Managing risks to health and safety WHS ACT s35 What is a notifiable incident WHS ACT s36 What is a serious injury or illness WHS ACT s37 What is a dangerous incident WHS ACT s38 Duty to notify of notifiable incidents (Form 3) WHS REGS s711 Duty to notify of notifiable incidents WHS ACT s39 Duty to preserve incident sites WHS REGS s712 Duty to preserve incident sites WHS REGS s44 Provision to workers and use of personal protective equipment WHS REGS s45 Personal protective equipment used by other persons WHS REGS s56 Meaning of exposure standard for noise WHS REGS s57 Managing risk of hearing loss from noise WHS REGS s58 Audiometric testing WHS REGS s48 Remote or isolated work WHS ACT s46 Duty to consult with other duty holders WHS ACT s47 Duty to consult workers WHS ACT s48 Nature of consultation WHS ACT s49 When consultation is required WHS ACT s50 Request for election of health and safety representative WHS ACT s70 General obligations of person conducting business or undertaking WHS ACT s71 Exceptions from obligations under s 70(1) WHS REGS s18 Procedures for election of health and safety representatives
Safety In The Workplace
www.safetyintheworkplace.com.au
This is used by looking up each section in the identified Legislation WHS Act 2011 & WHS Regulations 2011, BFSR 2008, ESR 2008, WCR Act 2003 & WCR Regulations 2003 A more detailed explanation would be covered in an Audit and Consultation that we can provide
WHS REGS s19 Person conducting business or undertaking must not delay election WHS REGS s20 Removal of health and safety representatives WHS ACT s72 Obligation to train health and safety representatives WHS REGS s21 Training for health and safety representatives WHS ACT s51 Determination of work groups WHS ACT s52 Negotiations for agreement for work group WHS ACT s53 Notice to workers WHS ACT s57 Notice to workers WHS ACT s60 Eligibility to be elected WHS ACT s61 Procedure for election of health and safety representatives WHS ACT s64 Term of office of health and safety representative WHS ACT s66 Immunity of health and safety representatives WHS ACT s67 Deputy health and safety representatives WHS ACT s74 List of health and safety representatives (Form 68) WHS ACT s75 Health and safety committees WHS ACT s76 Constitution of committee WHS ACT s78 Meetings of committee WHS ACT s79 Duties of person conducting business or undertaking WHS REGS s22 Agreed procedure—minimum requirements WHS REGS s23 Default procedure WHS ACT s83 Definition of cease work under this division WHS ACT s84 Right of worker to cease unsafe work WHS ACT s85 Health and safety representative may direct that unsafe work cease WHS Act s86 Worker to notify if ceases work WHS ACT s87 Alternative work
Safety In The Workplace
www.safetyintheworkplace.com.au
This is used by looking up each section in the identified Legislation WHS Act 2011 & WHS Regulations 2011, BFSR 2008, ESR 2008, WCR Act 2003 & WCR Regulations 2003 A more detailed explanation would be covered in an Audit and Consultation that we can provide
ASBESTOS, FALL, CONFINED SPACE & HIGH RISK WORK --WHS REGS s429 Asbestos management plan WHS REGS s430 Review of asbestos management plan WHS REGS s446 Duty to limit use of equipment WHS REGS s54 Management of risk of falling objects WHS REGS s55 Minimising risk associated with falling objects WHS REGS s78 Management of risk of fall WHS REGS s79 Specific requirements to minimise risk of fall WHS REGS s80 Emergency and rescue procedures WHS REGS s65 Entry into confined space must comply with this division WHS REGS s66 Managing risks to health and safety WHS REGS s67 Confined space entry permit WHS REGS s68 Signage WHS REGS s69 Communication and safety monitoring WHS REGS s70 Specific control—connected plant and services WHS REGS s71 Specific control—atmosphere WHS REGS s72 Specific control—flammable gases and vapours WHS REGS s73 Specific control—fire and explosion WHS REGS s74 Emergency procedures WHS REGS s75 Personal protective equipment in emergencies WHS REGS s76 Information, training and instruction for workers WHS REGS s77 Confined space entry permit and risk assessment must be kept WHS REGS s81 Licence required to carry out high risk work WHS REGS s85 Evidence of licence—duty of person conducting business or undertaking Schedule 3 High risk work licences and classes of high risk work WHS REGS s143 Requirement to hold a licence to carry out demolition work WHS REGS s458 Duty to ensure asbestos removalist is licensed
Safety In The Workplace
www.safetyintheworkplace.com.au
This is used by looking up each section in the identified Legislation WHS Act 2011 & WHS Regulations 2011, BFSR 2008, ESR 2008, WCR Act 2003 & WCR Regulations 2003 A more detailed explanation would be covered in an Audit and Consultation that we can provide
HAZARDOUS & SPRAY PAINTING --WHS REGS s341 Labelling hazardous chemicals—general requirement WHS REGS s344 Person conducting business or undertaking to obtain and give access to safety data sheets WHS REGS s346 Hazardous chemicals register WHS REGS s348 Regulator must be notified if manifest quantities to be exceeded WHS REGS s536 Operators of particular facilities must notify regulator WHS REGS s367D Protecting persons from spray painting WHS REGS s367E Spray painting to be done in spray painting booth – note exemptions if not practical. WHS REGS s367F Controlling exposure from spray painting WHS REGS s367G Maintaining a spray painting booth WHS REGS s367H Minimum air movement for booths HAZARDOUS CHEMICALS--WHS REGS s368 Duty to provide health monitoring WHS REGS s369 Duty to inform of health monitoring WHS REGS s370 Duty to ensure that appropriate health monitoring is provided WHS REGS s 371 Duty to ensure health monitoring is supervised by registered medical practitioner with experience WHS REGS s372 Duty to pay costs of health monitoring WHS REGS s373 Information that must be provided to registered medical practitioner WHS REGS s374 Duty to obtain health monitoring report WHS REGS s375 Duty to provide health monitoring report to worker WHS REGS s376 Duty to provide health monitoring report to regulator WHS REGS s377 Duty to provide health monitoring report to relevant persons conducting business or undertakings WHS REGS s379 Duty to provide supervision
Safety In The Workplace
www.safetyintheworkplace.com.au
This is used by looking up each section in the identified Legislation WHS Act 2011 & WHS Regulations 2011, BFSR 2008, ESR 2008, WCR Act 2003 & WCR Regulations 2003 A more detailed explanation would be covered in an Audit and Consultation that we can provide
Building Fire Safety Regulations 2008 BFSR s7 Person not to obstruct an evacuation route BFSR s8 Occupier not to allow evacuation route to be obstructed BFSR s10 Meaning of locking a door BFSR s11 General obligations about locking doors BFSR s17 Meaning of evacuation coordination procedures BFSR s18 Meaning of evacuation diagram BFSR s19 Meaning of person with special needs BFSR s21 General requirements BFSR s26 Accessing a fire and evacuation plan BFSR s28 Reviewing a fire and evacuation plan BFSR s30 Evacuation signs and diagrams to be displayed BFSR s34 Appointment of fire safety advisers for high occupancy buildings BFSR s35 General evacuation instructions BFSR s36 General requirements BFSR s 37 Additional requirement for high occupancy buildings BFSR s38 General requirements BFSR s39 Requirements for instructing new persons BFSR s44 Evacuation practice—other buildings BFSR s45 Fire and evacuation instruction record BFSR s46 Evacuation practice record QDC, Part MP6.1 – Yearly “Occupiers Statement” sent to Emergency Services QDC, Part MP6.1 – General Fire Fighting Equipment checked 6 monthly
Safety In The Workplace
www.safetyintheworkplace.com.au
This is used by looking up each section in the identified Legislation WHS Act 2011 & WHS Regulations 2011, BFSR 2008, ESR 2008, WCR Act 2003 & WCR Regulations 2003 A more detailed explanation would be covered in an Audit and Consultation that we can provide
Electrical Safety Regulations 2002 ESR s85 Cord extension sets and flexible cables ESR s88 Application of sub division 4 ESR s89 Double adaptors and piggyback plugs prohibited ESR s90 Specified electrical equipment ESR s90A Manufacturing work—safety switch ESR s90B Exemption for safety switches ESR s91 Safety switches, including portable safety switches ESR s92 Application of sub division 5 ESR s93 Specified electrical equipment ESR s94 Safety switches, including portable safety switches
Safety In The Workplace
www.safetyintheworkplace.com.au
This is used by looking up each section in the identified Legislation WHS Act 2011 & WHS Regulations 2011, BFSR 2008, ESR 2008, WCR Act 2003 & WCR Regulations 2003 A more detailed explanation would be covered in an Audit and Consultation that we can provide
Worker’s Compensation and Rehabilitation Act and Regulations 2003 WCR REGS s99C Employer’s obligation to appoint rehabilitation and return to work coordinator—Act, s 226(1) WCR ACT s226 Employer’s obligation to appoint rehabilitation and return to work coordinator WCR ACT s227 Employer’s obligation to have workplace rehabilitation policy and procedures WCR REGS s99D Employer’s obligation to have workplace rehabilitation policy and procedures—Act s 227(1) WCR REGS s100 Reporting requirement for review of workplace rehabilitation policy and procedures WCR ACT s228 Employer’s obligation to assist or provide rehabilitation WCR ACT s229 Employer’s failure in relation to rehabilitation WCR ACT s34 Injury while at or after worker attends place of employment WCR ACT s35 Other circumstances WCR ACT s36 Injury that happens during particular journeys WCR ACT s40 Meaning of rehabilitation WCR ACT s41 Meaning of rehabilitation and return to work coordinator WCR ACT s42 Meaning of suitable duties WCR ACT s43 Meaning of workplace rehabilitation WCR ACT s44 Meaning of workplace rehabilitation policy and procedures WCR ACT s45 Meaning of accredited workplace WCR ACT s46 Employer’s legal liability WCR ACT s48 Employer’s obligation to insure WCR ACT s132 Applying for compensation WCR ACT s133 Employer’s duty to report injury WCR ACT s136 Worker must notify return to work or engagement in a calling WCR ACT s232B Dismissal of injured worker only after 12 months
Safety In The Workplace
www.safetyintheworkplace.com.au
This is used by looking up each section in the identified Legislation WHS Act 2011 & WHS Regulations 2011, BFSR 2008, ESR 2008, WCR Act 2003 & WCR Regulations 2003 A more detailed explanation would be covered in an Audit and Consultation that we can provide
WCR ACT s232C Replacement for injured worker WCR ACT s232D Reinstatement of injured worker WCR ACT s572 Claimant or worker entitled to obtain certain documents WCR ACT s572A Access to particular documents for employment purposes prohibited