NSW

Work Health & Safety

Regulations
June 2012
 WHS Regulation Training
Package
Overview of Modules

• Recap on the WHS Act

• Overview of WHS Regulations
• Management of Risk and Workplace Management
• Common Workplace Hazards
• High Risk Hazards
• Construction Work
 Learning Outcomes

The key learning outcomes of this course are:

• An understanding of the legislative framework for WHS
• An overview of the content and structure of the WHS
Regulations
• An understanding of how Codes of Practice are used to support
the implementation of the WHS legislation
• An understanding of the basic workplace requirements &
management under the WHS Regulations
An employer Is captured under the definition PCBU ‘person
conducting a business or undertaking’

Controllers, self Are also a PCBU with general duties of care

employed etc.

General duties of Will be subject to qualifier ‘reasonably practicable’

Employers and will apply to all PCBUs and extend to all who
are involved in the conduct of work

Employees Are captured under the definition of worker which is

broadly define to include anyone who carries out
work in any capacity, including volunteers
Duty of workers Workers have an expressed duty to take reasonable care
of themselves at work

Duty of others Others are required to take reasonable care when at a

place of work

Duty of Officers Will change from having an attributed liability to a

positive duty of “due diligence” to ensure PCBU
complies with duties

Due diligence Is specifically defined and includes knowledge of WHS

and business risks , allocation of resources, WHS
reporting, compliance and verification processes

Consultation Broadened to include all workers affected and other

PCBUs with shared responsibilities
OHS Representatives Replaced by health & safety representatives (HSR) with
increased functions and powers

HSR powers After completing approved training HSRs will be able to

issue PINs and direct unsafe work to cease

Management of Risk Risk assessments are not mandated in the Act but are
mandated in the Regulation for certain high risk work

Penalty Options Graduated enforcement options to include injunctions,

remedial action and enforceable undertakings

Penalties Criminal prosecution under this Act

Maximum penalty for a corporation of $3 million and for
an individual $300,000 & up to 5 years imprisonment
for the most serious Class 1 breaches
 ELIMINATE RISKS (so far as is reasonably practicable)

STOP USING OR CHANGE THE PRODUCT, PROCESS, PLANT OR SUBSTANCE

STOP OR CHANGE THE ACTIVITY, PRACTICE OR PROCEDURE

MINIMISE RISKS (so far as is reasonably practicable)

SUBSTITUTE WITH SAFER ALTERNATIVE

USE ENGINEERING CONTROLS

REDESIGN TO REDUCE RISK

ISOLATE PEOPLE FROM RISK

USE ADMINISTRATIVE PROCEDURES

USE PROTECTIVE CLOTHING / EQUIPMENT

1
Legislative Framework

ACT

Regulation

Codes of Practice
 Function of the WHS
Regulation

The most important function

of the WHS Regulations is to
specify the steps that are
required for compliance with
the general duties under the
Act
What’s covered in the WHS
Regulations
PRELIMINARY

REPRESENTATION AND PARTICIPATION

GENERAL RISK & WORKPLACE

MANAGEMENT

HAZARDOUS WORK

PLANT AND STRUCTURES

What’s covered in the WHS
Regulations
CONSTRUCTION WORK

HAZARDOUS CHEMICALS

ASBESTOS

MAJOR HAZARDOUS FACILITIES

MINES

GENERAL
Some thing may appear to be
missing
Abrasive blasting Welding

Licensing for load shifting Spray Painting

equipment

Some construction hazards Certificates of competency for

e.g. lowering of materials pest control

Identification and Management of Risk

What is reasonably practicable - state of knowledge
 Some thing may appear to be
missing
REMEMBER: JUST BECAUSE A
HAZARD IS NOT MENTIONED IN THE
REGULATIONS DOES NOT MEAN IT IS
NOT REGULATED.
Any workplace hazard that is not specifically regulated is covered by
the general duties in the WHS Act and Chapter 3 of the WHS
Regulations.

Duty holders (PCBUs and others) must identify any risk associated
with the particular hazard and as far as is reasonably practicable,
take steps to eliminate or minimise the risk.
What is the legal effect of
Codes of Practice?
• Admissible in court proceedings under the WHS Act and Regulations

• May be relied on by courts as evidence of what is known about a hazard, risk

or control and in determining what is reasonably practicable

• Designed to be used in conjunction with the WHS Act and Regulations but do
not have the same legal implications

• WHS Act and Regulations may be complied with by following another method
if it provides an equivalent or higher standard

• An inspector may refer to an approved Code of Practice when issuing an

improvement or prohibition notice
 Codes of Practice

SOME PRIORITY CODES RELEVANT TO OUR

INDUSTRY

How to manage work health safety risks

WHS Consultation, Cooperation & Coordination

Managing work environment and facilities

Managing noise and preventing hearing loss at work

Hazardous manual tasks

How to prevent falls at workplaces

Preparation of safety data sheets for hazardous chemicals

Labelling workplace hazardous chemicals

 Second Stage Codes of Practice and
Guidance Material relevant to our industry
First Aid in the Workplace Managing Risks in Construction Work

Managing Electrical Risks at the Workplace Welding and Allied Processes

Preventing and Responding to Workplace

Managing Risks of Hazardous Chemicals
Bullying

Preventing and Managing Fatigue in the

Managing Risks of Plant in the Workplace
Workplace

Safe Design of Building and Structures

Transitional arrangements and
WorkCover NSW Codes
Existing NSW Codes of Practice will continue to
operate until replaced by national Codes of Practice or
guidance materials or revoked
For example-
Work Near Overhead Power Lines: Code of Practice

Where NSW has a Code of Practice on issues that are

not specifically regulated, these Codes will become
guidance material and must be considered when
deciding what is “reasonably practicable”
Workplace WHS
Requirements
 Managing Risks

•Risks must be identified and controlled

•Always aim to eliminate risks, and if not

reasonably practicable then minimise risks
as far as reasonably practical using the
hierarchy of control

•Risk assessment are not mandatory but

must be outcome focused

•Regularly maintain and review risk control

measures
Managing Risks
• Further guidance about managing risk can be
found in the Code of Practice -
• How to manage work health safety risks

• The Code of Practice also includes guidance on

risk assessment
 Consultation and
Representation

• The WHS Regulations:

− Outlines the factors in determining work groups

− Specifies HSR training details

• The Code of Practice: Work Health and Safety

Consultation, Cooperation and Coordination provides
guidance on implementation and ongoing compliance
 Issue Resolution
Procedure must take into account:

the degree and immediacy of risk to workers or other persons

involved in the issue;

the number and location of workers and other persons affected by

the issue;

the measures (both temporary and permanent) that must be

implemented to resolve the issue;

who will be responsible for implementing the resolution measures

 Training, Information &
Instruction

Must be suitable and reflect:

• The nature of the work carried out by the worker

• The nature of the risks associated with the work

• The control measures implemented

Working Environment
• Workplace layout allows persons to move around and
access and exit without risk

• Work space is adequate for the task

• Floors and other surfaces are suitable

• Lighting and ventilation is suitable

• Work in temperature extremes is without risk

• Work near essential services does not create risks

 The WHS Regulations specifies
in detail the requirements for :
•Including toilets, drinking water, washing and eating facilities
Facilities

• Must be appropriate to the activity and hazard, suitable size and fit and maintained and
replaced as required.
PPE • Workers must be informed and trained on PPE use

• First Aid arrangements must take into account

• The nature of the work
• The hazards in the workplace
First Aid • The size, location and nature of the workplace
• The number and composition of workers (and others)

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

• Must manage risks of falling objects if reasonably likely to injure a person

• If not possible to eliminate risk then minimise risks to health and safety by:
Falling Objects • Preventing free fall of objects
• Arresting free fall of object (e.g. barriers, safe means of lowering objects)
 Emergency Plans
• The WHS Regulation specifies the requirement for
Emergency Plans

• They must include procedures for rapid response, evacuation,

notification, medical assistance and communication
• Must inform workers of procedures
• Must be tested in line with plan schedules
• Emergency plan must take into account
− The nature of the work
− The hazards in the workplace
− The size, location and nature of the workplace
− The number and composition of workers (and others)
Common WHS Hazards
 What are common hazards?

The common hazards likely to be found

in most workplaces are considered to be:

• Electrical work
• Falls
• Hazardous manual tasks
• Plant and Structures
• Hazardous chemicals
 Electrical Safety:
Equipment and Installations

PCBU must
• Ensure unsafe electrical equipment disconnected and repaired
or replaced

• Inspect and test equipment

• Keep records of testing until next tested or permanently

removed
 Electrical Safety:
Energised Electrical Equipment

• Work on energised electrical equipment is prohibited

except in certain circumstances

• Must determine whether equipment is energised

• De-energised equipment must not be inadvertently re-

energised
 Hazardous Manual Tasks
Take into account risk factors including:
• Postures, force, duration and frequency

• Workplace environmental conditions, design

and layout of workplace

• Systems of work used

• Nature, size, weight and number

of persons, animals or things involved in the
hazardous manual task
 Hazardous Chemicals
• Correctly label hazardous chemicals used in the workplace

• Obtain and provide access to Safety Data Sheets (SDS) for

workers

• Maintain a register of hazardous chemicals used at the workplace

• Display safety signs

• Provide information, training and supervision to workers

• Identify risks of physical or chemical reaction

• Keep chemicals isolated and stable

• Eliminate or minimise ignition sources

 Plant and Structures

• Controls risks in commissioning and de-commissioning of plant

• Ensure competent persons are used, provide information and

undertake inspections

• If guarding is used to control risks a hierarchy from fixed or

interlocked to presence guards is followed

• Ensure that plant not in use does not create a risk to the health or
safety of any person

• Ensure that the maintenance, repair, inspection and, if necessary,

testing of the plant is carried out by a competent person and in
accordance with manufacturer specifications
High Risk Hazards
 Learning Outcomes

The key learning outcomes of this module

are:
• An understanding of the high risk hazards,
including licensing arrangements for high risk
work covered in the WHS Regulations

• An understanding of the changes from the current

NSW OHS Regulations
 What is high risk work?

high risk work high risk work

means any work within licence means any of
the scope of a high risk the licences listed in
work licence Schedule 3
 High Risk Work
Relevant to our industry includes

Means construction work that:(abbreviated from schedule 3)

Involves a risk of a person falling more than 2 metres,

Is carried out on, in or adjacent to a road, railway, shipping lane

Or other traffic corridor that is in use by traffic other than
Pedestrians, or

Is carried out in an area at a workplace in which there is any

movement of powered mobile plant,

Is carried out on or near energised electrical installations or

Services
 Work Near Traffic

• Ensure that a worker is not exposed to risk from working near

traffic

• Safe systems and methods of work must be established for any

worker carrying out work on, in or adjacent to a road, railway or
other traffic corridor that is in use by traffic other than
pedestrians
 Electrical Safety
Overhead Electrical Lines

• Ensure that no person, plant or thing at the workplace comes

within an unsafe distance of an overhead or underground
electric line

• If it is not reasonably practicable to comply, conduct a risk

assessment
 Falls
Manage the risk of a fall by a person from one level to another by:

• Ensuring so far as is reasonably practicable that any work that involves the
risk of a fall is carried out on the ground or on a solid construction

• Providing safe access to and exit from the workplace or any area within the
workplace with the risk of a fall

If not reasonably practicable to eliminate the risk of falling then

minimise the risk by providing adequate protection such as (in
order):

• Providing a fall prevention device or

• Providing a work positioning system or

• Providing a fall arrest system

 Mobile Plant

Ensure that works involving mobile plant are

• Conducted by competent persons following safe systems of works

• Able to be done at a safe distance and separation from any persons

in the vicinity

• Are done using regularly inspected and maintained equipment

 High Risk Work – Licensing
A PCBU must ensure:
Direct Supervision
• Direct supervision of person
carrying out work, unless to do so
is impracticable or unnecessary
and reduced supervision does not
cause risk to any person
Evidence of Licence
• Written evidence that the worker
has the relevant high risk work
licence
• Written evidence that the
supervisor holds relevant license
• Must keep records for 1 yr
Construction Specific
Requirements
WHS Regulations Chapter 6
Construction Work
CHANGES
• Definition of construction
work
• Principal Contractor duties
• Construction induction
• Duties of designers of
structures
• The following has been
moved into the chapter on
Plant & Structures
• Overhead protective
structures
• Structural collapse
• Safe lowering of materials
Definition of Construction
Work
Construction work means:
“any work carried out in connection
with the construction, alteration,
conversion, fitting-out,
commissioning, renovation, repair,
maintenance, refurbishment,
demolition, decommissioning or
dismantling of a structure”
Construction Work Includes
activities connected with:

The demolition and installation of billboard structures

Onsite Installation of advertising structures such as

bus stops and benches
Construction Work does NOT
include:

The manufacture of plant, including fixed plant

Prefabrication of elements off site for use in construction

The construction or assembly of a structure to be transported to

another place

Testing, maintenance or repair work of a minor nature connected with a

structure
 WHAT IS A
CONSTRUCTION WHO IS THE
PROJECT PRINCIPAL
CONTRACTOR

• A construction project is a project that involves

construction work where the cost of the construction
work is $250 000 or more

• The PCBU that commissions a construction

project is the principal contractor
Safe Work Method Statements
Safe Work Method Statements (SWMS) are required for
ALL HIGH RISK CONSTRUCTION WORK and
must be prepared before work commences. SWMS
must:
Identify work that is high risk construction work
Specify hazards and risks associated with that
work
Describe measures to control risks
Describe how the risk control measures are to be
implemented, monitored and reviewed
Safe Work Method Statements
Compliance
PCBU must give a copy to the Principal
Contractor before work commences
PCBU must put in place arrangements to ensure
SWMS is followed
If high risk construction work is not carried out in
accordance with the SWMS, the work MUST be:
−stopped immediately or as soon as safe to do so;
−resumed in accordance with the statement
Person who comminsions work
MUST:

• Consult with the designer about how

to ensure risks arising from the design
during construction work are:

• Eliminated, so far as is reasonably

practicable, or

• Minimised, so far as is reasonably

practicable

• Give the designer and the principal

contractor information regarding hazards
and risks
 Design Safety Report

Must account for:

maintenance,
refurbishment,
demolition and
dismantling of a structure
Must specify hazards that
may create risks not only
during initial building but to
workers who undertake
maintenance or demolition
work in the future
General Construction Induction

PCBUs must ensure that:

• General induction training is provided to
relevant workers
• Workers have been trained before
directing or allowing a worker to carry out
construction work
Workers must:
• Keep their general induction training card
available for inspection
Questions