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ABSOLUTE Education Pty Ltd T/as AAA Abacus Owner Builder Online CPCCWHS1001 – Prep. to Work Safely in the Construction Industry (white card) course material 1 © Copyright- ABSOLUTE Education Pty Ltd www.abed.com.au 1800 427 407 . ABSOLUTE Education Pty. Ltd. CPCCWHS1001 Work Safely in the Construction Industry (White Card) Course Material ABSOLUTE Education Pty Ltd T/as AAA Abacas Owner Builder Online ADDRESS: PO Box 4306 North Curl Curl NSW 2099 PHONE: 1800 427 407 FAX: 02 6526 2172 WEB: www.abed.com.au

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ABSOLUTE Education Pty Ltd T/as AAA Abacus Owner Builder Online CPCCWHS1001 – Prep. to Work Safely in the Construction Industry (white card) course material

1 © Copyright- ABSOLUTE Education Pty Ltd

www.abed.com.au 1800 427 407

.

ABSOLUTE Education Pty. Ltd.

CPCCWHS1001

Work Safely in the Construction Industry

(White Card) Course Material

ABSOLUTE Education Pty Ltd

T/as AAA Abacas Owner Builder Online

ADDRESS:

PO Box 4306

North Curl Curl NSW 2099

PHONE: 1800 427 407

FAX: 02 6526 2172

WEB: www.abed.com.au

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Contents

SECTION 1: OHS LEGISLATIVE REQUIREMENTS……………………………………………5

WORKPLACE HEALTH AND SAFETY OFFICER.......................................................5

THE REGULATOR, INSPECTORS AND ENFORCEMENT........................................ 12

DISPUTES........................................................................................................ 11

ENFORCEMENT MEASURES............................................................................... 14

REVIEW OF DECISIONS…………………………...................................................... 16

OFFENCES AND PENALTIES.............................................................................. 18

OTHER OFFENCES….…………............................................................................. 20

SECTION 2: OHS COMMUNICATION AND REPORTING PROCESSES ................. 25

SAFE WORK METHOD STATEMENT (SWMS) ..................................................... 25

SAFETY DATA SHEET (SDS) ............................................................................ 25

WHAT IS A HAZARD? ...................................................................................... 29

HAZARD IDENTIFICATION .............................................................................. 30

HIGH RISK ACTIVITIES.................................................................................... 30

CATEGORIZING HAZARDS................................................................................ 31

RISK MANAGEMENT PROCESS ........................................................................ 31

RISK MANAGEMENT TECHNIQUES ...................................................................32

RISK PROBABILITY CHART ............................................................................. 35

RISK PROBABILITY AND FREQUENCY ............................................................. 25

HIERARCHY OF CONTROL MEASURES ............................................................. 36

TYPES OF CONTROL MEASURES ...................................................................... 36

POTENTIAL CONSEQUENCES .......................................................................... 37

TYPES OF RISK ASSESSMENT ........................................................................ 37

HIGH RISK ACTIVITIES ................................................................................. 37

SOURCES OF HAZARDS .................................................................................. 38

WHAT IS RISK? .............................................................................................. 38

RISK ASSESSMENT & CONTROL ...................................................................... 38

PROTECTION FROM FALLING OBJECTS ........................................................... 38

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DEMOLITION WORK ....................................................................................... 39

ASBESTOS REMOVAL ...................................................................................... 40

FALL FROM HEIGHTS ...................................................................................... 40

SAFE WORK METHOD STATEMENTS (AGAIN)................................................... 41

PERIMETER FENCING ..................................................................................... 43

AMENITIES ..................................................................................................... 43

DANGEROUS GOODS ...................................................................................... 43

SDS (SDS) AGAIN............................................................................................ 44

UNKNOWN SUBSTANCES/UNLABELLED CONTAINERS ................................... 44

EXPOSURE TO HAZARDOUS SUBSTANCES ..................................................... 44

CONFINED SPACES ........................................................................................ 46

PLANT & EQUIPMENT ..................................................................................... 47

NOISE ........................................................................................................... 47

PERSONAL HEARING PROTECTION ................................................................ 48

COMMON GASES ............................................................................................. 48

ELEVATED WORK PLATFORMS .........................................................................49

SCAFFOLDING................................................................................................. 49

LADDERS ........................................................................................................ 49

SECTION 3: OHS COMMUNICATION AND REPORTING PROCESSES ................. 52

CONSTRUCTION SAFETY PLANS ..................................................................... 52

AUTHORISATIONS ......................................................................................... 53

RECORDING WORKPLACE INCIDENTS ........................................................... 55

WORKPLACE HEALTH & SAFETY OBLIGATIONS.............................................. 56

NOTIFIABLE INCIDENTS ................................................................................ 56

GENERAL INDUCTION TRAINING ................................................................... 57

WH&S INSPECTORS ....................................................................................... 57

MANDATORY (MUST DO) SIGNS .................................................................... 57

WARNING SIGNS ........................................................................................... 57

SERIOUS INJURY (ELECTRICAL)......................................................................58

PROHIBITION (DO NOT) SIGNS ..................................................................... 58

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SAFE WORK METHOD STATEMENTS (SWMS) SOME MORE................................. 59

SECTION 4: OHS INCIDENT RESPONSE PROCEDURES ..................................... 61

CODES OF PRACTICE........................................................................................ 61

HIGH RISK ACTIVITIES ................................................................................... 61

FIRST AID PERSONNEL ................................................................................... 63

FIRST AID SIGNS............................................................................................. 63

FIRST AID QUALIFICATIONS .......................................................................... 63

FIRST AID RECORDS ....................................................................................... 64

EMPLOYER RESPONSIBILITIES ....................................................................... 64

RECORD KEEPING............................................................................................ 65

FIRE…………………............................................................................................. 66

PPE………………….............................................................................................. 67

WORKING ALONE............................................................................................. 68

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Section 1: OHS Legislative Requirements

The legal obligations under the Occupational Health and Safety Act 2011 include

providing:

A working environment that is safe and without risks to health;

Adequate resources, information, training and supervision;

Effective arrangements for consultation; and

An effective system for identifying hazards, assessing and controlling risks to health

and safety.

Workplace Health and Safety Officer

The WHSO must be an employee at the workplace for which he/she is appointed.

Health and Safety Representatives An HSR represents the health and safety interests of a work group. There can be as many

HSRs and deputy HSRs as needed after consultation, negotiation and agreement between

workers and their employers.

A PCBU must keep a current list of all HSRs and deputy HSRs and display a copy at the

workplace. The list must also be given to Workplace Health and Safety Queensland.

Workgroups Any worker or group of workers can ask the PCBU for whom they are carrying out work to

set up a work group at one or more workplaces for the purpose of electing an HSR.

A work group is a group of workers who share a similar work situation. For example, a work

group might consist of all workers in the office part of a manufacturing complex, or it might

consist of people of the same trade, or it might consist of all people on the night shift. If

agreed, workers from multiple businesses can be part of the same work group which might

include contractors, labour hire staff, outworkers and apprentices.

If a request is made for the election of an HSR, a PCBU must start negotiations with workers

within 14 days. Negotiations between a PCBU and workers will determine the:

Number and composition of the work group(s);

Number of HSRs and deputy HSRs;

Workplace(s) to which the work group(s) apply.

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A PCBU must negotiate a work group with a worker’s representative (e. g. union) if asked by

a worker. The PCBU must also notify workers as soon as practicable of the outcome of the

negotiations.

At any time, the parties to a work group agreement may negotiate a variation.

If negotiations fail in establishing a work group, or discussing a variation to a work group

agreement, any person who is a party to the negotiations can request an inspector to assist

in deciding the matter (or, if the matter involves multiple businesses, to assist the

negotiations).

Powers and functions The role of an HSR is generally limited to their work group unless there is a serious risk to

the health or safety of other workers from an immediate hazard or a worker in another work

group asks for their assistance, and the HSR for that other work group is found to be

unavailable.

An HSR can:

Inspect the workplace or any area where work is carried out by a worker in the work

group;

Accompany a workplace health and safety inspector during an inspection of the area

the HSR represents;

Be present at an interview with a worker that the HSR represents (with their consent)

and the PCBU or an inspector about health and safety issues;

Request a health and safety committee be established;

Monitor compliance measures by the PCBU;

Represent the work group in health and safety matters;

Investigate complaints from members of the work group;

Inquire into any risk to the health or safety of workers in the work group.

An HSR is not personally liable for anything done, or not done, in good faith while carrying

out their role.

Election and eligibility The members of a work group elect their own HSR. All members are able to vote in an

election. To be eligible for election, a person must be a member of the work group and not

be disqualified from acting as an HSR.

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Upon a request for the election of an HSR, a PCBU must provide resources and assistance to

carry out the election. Members of a work group decide how to elect an HSR.

Elections for a deputy HSR are carried out in the same way.

The term of office for an HSR or deputy HSR is three years. They cease to hold office if:

They leave the work group;

They are qualified from being an HSR;

They resign as an HSR;

The majority of members of the group agree the person should no longer represent

them.

HSRs can be re-elected. Elections are not needed when the number of candidates is the

same as the number of vacancies.

Any person adversely affected by a decision or action of an HSR can apply to the Queensland

Industrial Relations Commission to have them disqualified.

Training If requested, a PCBU must allow HSRs and deputy HSRs to attend a work health and safety

course approved by Workplace Health and Safety Queensland.

Within three months of the request, the PCBU must give HSRs paid time off to attend a

course and pay the course costs and reasonable expenses. A course must be selected in

consultation with the PCBU to ensure it is relevant to the work carried out. If agreement

cannot be reached, an inspector may assist.

The PCBU has a duty to ensure the relevant training has been provided to the HSR so that

they can perform their functions and exercise their powers under the WHS Act. Before the

HSR can issue a provisional improvement notice (PIN) or direct a person to cease unsafe

work, they must attend an approved training course.

Whether or not the HSR has undergone training, a PCBU must give them the resources,

facilities and assistance to enable them to carry out their functions.

Provisional improvement notices If an HSR reasonably believes that a person is contravening, or has contravened the WHS

Act in circumstances that make it likely that the contravention will continue or be repeated,

they must consult with the person before issuing a provisional improvement notice (PIN).

A PIN must be in writing and include:

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That the HSR believes the WHS Act is being contravened or has been contravened in

circumstances that make it likely that the contravention will continue or be repeated;

The section of the WHS Act considered to have been contravened and how the section

is being or has been contravened;

The date (at least eight days from the issue date) by which the contravention must be

remedied.

A PIN can include directions on how to remedy a contravention. These directions may refer

to a Code of Practice and offer the person a choice of solutions.

If a PCBU receives a PIN they must display it in a prominent place in the workplace, or part

of the workplace, at which work is being carried out that is affected by the notice.

Within seven days of being issued with a PIN, any person (or the PCBU if the person issued

with the PIN is a worker), can ask Workplace Health and Safety Queensland to review the

notice. An inspector will attend the workplace to confirm the notice, confirm it with changes

or cancel it. A confirmed PIN must be complied with.

The inspector will give a copy of their decision to the person who applied for the review and

the HSR who issued the notice.

Direct workers to cease unsafe work If an HSR has a reasonable concern that carrying out work would expose a worker to a

serious health and safety risk, the HSR may direct a worker to cease work. However they

must first attempt to resolve the matter with the PCBU unless the risk is so serious and

immediate that it is not reasonable to consult first. In this case, the HSR must consult the

PCBU as soon as practicable after giving the direction.

A PCBU, worker or HSR may request an inspector to attend the workplace and assist in

resolving an issue with the cessation of work.

Health and safety committees A health and safety committee (HSC) facilitates cooperation between a PCBU and workers in

developing and carrying out measures to ensure health and safety at work.

This includes health and safety standards, rules and procedures for the workplace.

A PCBU must set up an HSC within two months of being requested to do so by an HSR, or by

five or more workers in a workplace or when required by the WHS Regulation.

A PCBU can also establish an HSC of their own initiative.

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At least half of the members of an HSC must be workers that have not been nominated by

the PCBU. An HSR can also consent to be a member of the committee and, when a

workplace has more than one HSR, they can choose one or more to be members.

When agreement cannot be reached on the composition of an HSC, any party to the

committee can request an inspector’s assistance to decide the matter.

An HSC must meet at least once every three months and at any reasonable time at the

request of at least half of the members of the committee.

Right to cease unsafe work If a worker has a reasonable concern about a serious risk to their health or safety from

immediate or imminent exposure to a hazard, they may cease or refuse to carry out work.

A worker who ceases work must notify the PCBU as soon as possible. Workers can be

redirected to suitable alternative work at their workplace or at another site until they can

resume normal duties.

Issue Resolution If there is a health and safety issue at a workplace, the relevant parties must make

reasonable efforts to achieve a timely, final and effective resolution of the issue in

accordance with an agreed procedure or the default procedure set out in the WHS

Regulation.

Relevant parties are:

The PCBU or their representative;

Each PCBU or their representative, if the issues involves more than one PCBU;

The HSR for that work group or his/her representative, if the worker(s) affected by

the issue is/are in a work group;

The worker(s) or his/her representative, if the worker(s) affected by the issue is/are

not in a work group.

A person’s representative may enter the workplace for the purpose of attending discussions

with a view to resolving the issue.

If an issue remains unresolved, one of the parties may ask Workplace Health and Safety

Queensland to appoint an inspector to attend the workplace and assist in resolving the issue.

Such a request does not prevent a worker from ceasing unsafe work or an HSR from issuing

a PIN or directing workers to cease unsafe work.

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Although an inspector cannot determine the issue, the inspector may exercise any of his/her

compliance powers under the WHS Act.

Discriminatory, coercive or misleading conduct A person must not, dismiss, terminate a contract with, refuse to hire or detrimentally alter

the position of a worker, or treat them less favourably, because they:

Are, were or propose to be a member of an HSC or perform a function in this

capacity;

Are, were or propose to be an HSR or exercise a power or perform a function in this

capacity;

Exercised a power or performed a function (or refrained from doing so);

Assisted a person to exercise a power or perform a function;

Raised a health and safety issue with a PCBU, inspector, entry permit holder,

HSR, member of an HSC or another worker;

Are involved in resolving a work health and safety issue;

Acted to get another person to comply with their duties.

A person is also engaging in discriminatory conduct if they terminate or refuse to enter a

commercial arrangement with another person for these reasons.

It is unlawful to engage in, threaten or organize to take any of the above actions, or to ask

or encourage another person to do this.

These provisions create both criminal and civil causes of action in the event of such conduct.

In addition, they do not preclude actions being taken under other relevant

Entry Permit Holders A WHS entry permit holder is a union official who has completed an approved training course

and holds a valid and current entry permit under the Commonwealth Fair Work Act 2009 or

the Queensland Industrial Relations Act 1999. An entry permit allows the holder to

investigate suspected contraventions of the WHS Act. Permits are valid for three years from

the date of issue or cease when the permit holder ceases to be a union official. A permit

must be returned within 14 days of expiry.

Workplace health and safety entry permit holders must show their identification upon

request.

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Suspected contraventions A workplace health and safety entry permit holder may enter a workplace during working

hours to inquire into a contravention if they reasonably suspect one has or is occurring.

While there, they may inspect any work or thing that directly relates to the matter, talk to

any worker who is entitled to be represented by the union and warn anyone they believe is

exposed to a serious health or safety risk.

They may consult with the PCBU about the matter and request to look at, and make copies of,

relevant records or documents kept at the workplace in hard copy or on a computer. A PCBU

must not, without reasonable excuse, refuse or fail to comply with this request, however they

do not have to make records available if this breaches the Privacy Act 1988 (Cth).

When inquiring into a suspected contravention, an entry permit holder can also inspect or

make copies of employee records that are directly relevant to the contravention or other

documents that are directly relevant that are not held by that PCBU. In this case at least 24

hour notice of the entry must be given.

A workplace health and safety entry permit holder must advise the PCBU and person with

management or control of the workplace of their entry as soon as reasonably practicable.

This is not needed if it would defeat the purpose of the entry or cause unreasonable delay in

an urgent case.

A person must not, without reasonable excuse, refuse or unduly delay a permit holder’s

entry to a workplace, or obstruct them from exercising their rights.

Consulting workers An entry permit holder may enter a workplace to consult or provide advice to workers on

health and safety matters. At least 24 hour notice must be given to the PCBU before the

entry.

Disputes Any party to a dispute about a right of entry may ask Workplace Health and Safety

Queensland to appoint a workplace health and safety inspector to attend the workplace to

assist with resolving the matter.

Alternatively, or if the matter remains unresolved, the dispute may be dealt with by the

Queensland Industrial Relations Commission (QIRC). The QIRC may deal with a dispute on

its own initiative or on the application of an entry permit holder, the relevant union,

Workplace Health and Safety Queensland, a PCBU or another person affected by the exercise

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of right of entry powers. The QIRC may deal with a dispute in any way it determines,

including mediation, conciliation or arbitration.

Revoking a permit An entry permit may be revoked by the QIRC if a holder breaches permit conditions or

engages in improper behaviour. Workplace Health and Safety Queensland, a PCBU or anyone

affected by the actions of a permit holder can apply in writing to have it revoked. The QIRC

can make orders including imposing conditions on a permit, or suspending or revoking a

permit.

The regulator, Inspectors and Enforcement

Role of the regulator Each state, territory and the Commonwealth will continue to have its own regulator to

administer the nationally uniform laws in their jurisdiction.

Workplace Health and Safety Queensland has a broad range of functions including to:

Monitor and enforce compliance with the WHS Act and WHS Regulation;

Provide advice and information on work health and safety to duty holders, including

PCBUs and workers, of their duties, obligations and rights under the

WHS Act;

Foster a cooperative, consultative relationship between duty holders and the people

to whom they owe work health and safety duties, and their representatives;

Promote and support work health and safety education and training;

Engage in, promote and coordinate the sharing of information to achieve the object of

the WHS Act, including the sharing of information with other regulators;

Conduct and defend legal proceedings under the WHS Act;

Collect, analyse and publish statistics relating to work health and safety;

Promote public awareness and discussion of work health and safety to the

community.

Power of the regulator to require documents and information If Workplace Health and Safety Queensland believes a person is capable of giving

information or documents in relation to a possible contravention of the WHS Act, or that will

assist in monitoring or compliance, Workplace Health and Safety Queensland can require the

person to provide this after serving them with a written notice.

A person cannot refuse, or fail to comply with a request without a reasonable excuse. A

person is not excused from answering a question or providing information or a document on

the ground that the answer to the question, or the information or document, may tend to

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incriminate the person or expose the person to a penalty. However, the answer or

information or document, and other evidence directly or indirectly derived from the answer,

information or document is not admissible as evidence against that individual in criminal or

civil proceedings other than proceedings arising out of the false or misleading nature of the

answer, information or document.

Functions and powers of inspectors Inspectors have the following functions and powers:

To provide information and advice about how to comply with the law;

To help resolve work health and safety issues;

To help resolve right of entry disputes;

To review a disputed PIN;

To issue notices to require compliance with the law;

To investigate contraventions and assist to prosecute offences.

An inspector in a workplace may require a person to provide information about and access to

a document, as well as answers to questions. While inspectors will be able to compel

answers, the answers to questions or information provided cannot be used as evidence

against that person in civil or criminal proceedings. Inspectors may also copy and retain

documents and seize evidence.

Powers of entry An inspector may enter a workplace, or a suspected workplace, at any time with or without

the consent of the person with management or control. If it is not a workplace they must

leave immediately.

An inspector must show their identification on request.

An inspector must advise the PCBU, person with management or control of the workplace

and any HSR they have entered the workplace as soon as practicable. This is not needed if

it would defeat the purpose of entry or cause unreasonable delay.

An inspector entering a workplace can:

Inspect, examine and make inquiries;

Inspect, examine and seize anything, including documents;

Bring and use any equipment or materials they may need;

Take measurements, conduct tests, and make stretches or recordings (e. g.

photographs, films, audio and video);

Take and remove samples for analysis.

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A person may accompany an inspector to a workplace if they require assistance. An

inspector can also require a person at a workplace to give them reasonable help to do these

things. A person asked to assist must not, without reasonable excuse, refuse or fail to

comply.

Search Warrants An inspector may apply to magistrate for a search warrant. The magistrate must be

satisfied there are reasonable grounds that there is, or may be within the next 72 hours,

evidence of an offence against the WHS Act.

The warrant states the suspected offence, the evidence that may be seized, the time that

the place may be entered, the date that the warrant ends and that the inspector may use

reasonable help and force to enter the place and exercise their powers.

The authorized inspector must announce the warrant and give anyone at the place an

opportunity to let them in before executing the warrant. This is not required if the inspector

believes immediate entry is needed to ensure a person’s safety or to avoid frustrating the

execution of the warrant.

If the person with management or control of the workplace is present, the inspector must

show their identification and provide a copy of the search warrant.

Enforcement Measures Improvement Notices An inspector may issue an improvement notice if they reasonably believe a person is

contravening, or has contravened the WHS Act or WHS Regulation in circumstances that

make it likely that a contravention will continue or be repeated.

The notice will identify the provisions of the WHS Act that have or may have been

contravened, the reasons for the notice, and a reasonable date to fix the contravention by.

An improvement notice may also include directions and/or recommendations about how to

fix or prevent a contravention.

A person issued with an improvement notice must comply.

Prohibition Notices An inspector may issue a prohibition notice if they reasonably believe an activity involves a

serious risk to a person’s health or safety from immediate or imminent exposure to a

hazard.

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The notice prohibits the activity continuing or being carried out in a specific way, and is

issued to the person with control over the activity. It may include directions on how to

remedy the risk and remains in place until an inspector is satisfied the risk has been fixed.

A person issued with a prohibition notice must comply.

Non-disturbance Notices If an inspector believes it is necessary to enable them to exercise their powers, they may

issue a non-disturbance notice to the person with management or control of a workplace.

A notice may require the person to preserve the site or prevent disturbance for up to seven

days, and must include the measures to be taken to do so. A person issued with a non-

disturbance notice must comply.

Injunctions Workplace Health and Safety Queensland may apply to the Magistrates Court for an

injunction to require or compel a person to comply with a notice, or to restrain them from

contravening a notice. An injunction can be sought even if separate proceedings are

underway about a matter to which the notice relates.

Infringement Notices Infringement notices (‘on the spot’ fines) may be issued by inspectors as an alternative to

prosecution for prescribed offences.

An infringement notice can be withdrawn by the person who issued it within 28 days of

issue. The withdrawal of an infringement notice does not prevent other proceedings in

relation to the alleged offence (unless the penalty has already been paid even if refunded).

If the penalty imposed by an infringement notice is paid within the set time, no proceedings

may be taken for the offence and no conviction recorded. A payment cannot be taken as an

admission of guilt or liability for any future civil claim. Prosecution may take place if

penalties are not paid.

Remedial Action If a person to whom a prohibition notice is issued fails to take reasonable steps to comply

with the notice, Workplace Health and Safety Queensland may take any remedial action it

believes is reasonable to make the workplace or situation safe.

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The costs of undertaking the remedial action will be charged to the PCBU or the owner of the

premises; however, they can only be recovered by Workplace Health and Safety Queensland

if a notice has been given of Workplace Health and Safety Queensland’s intention to take the

action and the PCBU or owner’s liability for the cost of that action.

Enforceable undertakings Workplace Health and Safety Queensland may accept a work health and safety undertaking

given by a person in connection with a contravention or an alleged contravention of the WHS

Act. However, a work health and safety undertaking cannot be accepted for a Category 1

offence.

An undertaking takes effect and becomes enforceable when Workplace Health and Safety

Queensland’s decision to accept it is given to the person.

A person who has made an undertaking may apply to Workplace Health and Safety

Queensland to change or withdraw the undertaking.

An undertaking is not an admission of guilt.

If a person contravenes a work health and safety undertaking, Workplace Health and Safety

Queensland may apply to the Magistrates Court. In addition to imposing a penalty for the

breach, the court may make an order directing the person to comply with the undertaking or

discharging the undertaking, as well as orders directing the person to pay the costs or the

proceedings and the reasonable costs of monitoring compliance with the undertaking in the

future.

In addition if a person contravenes a work health and safety undertaking, Workplace Health

and Safety Queensland may still commence proceedings for the contravention or alleged

contravention of the WHS Act to which the work health and safety undertaking relates.

Review of decisions Certain decisions made by inspectors and Workplace Health and Safety Queensland can be

reviewed. The WHS Act outlines which decisions can be reviewed and who can apply to have

them reviewed. These are decision that relate to:

The failure to commence negotiations for work groups;

Union right of entry permits;

Training of health and safety representatives;

Provisional improvement notices issued by HSRs;

Forfeiture and return of goods or things;

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Issue of improvement, prohibition or non-disturbance notices and subsequent

notices;

Variation or cancellation of notices;

Extension of time to comply with improvement notices.

Interval Review Inspectors’ decisions are initially subject to internal review by Workplace Health and Safety

Queensland. The internal reviewer cannot be the person responsible for the initial decision.

The internal reviewer must make a decision within 14 days after receiving an application,

unless the reviewer receives further information from the applicant. The internal reviewer

must decide whether to confirm the initial decision, vary it, or set it aside in favour of

another course of action. A written decision must be sent to the applicant as soon as

practicable.

If an application for review is made this generally imposes a stay on the operation of the

decision until there is an outcome. However, for decisions relating to prohibition and non-

disturbance notices, a separate application to stay the decision must also be made, or the

reviewer can make a decision to stay the operation of the notice on their own initiative. A

decision on an application for a stay on the operation or a prohibition notice or a non-

disturbance notice must be made within one working day after the reviewer receives the

application, otherwise the reviewer is taken to have made a decision to grant a stay.

A stay operates until the time allowed for making an external review expires or an

application for external review is made.

External Review If a person is dissatisfied with the internal review decision, they may apply for an external

review of that decision:

Decisions relating to:

The failure to commence negotiations for work groups

Union right of entry permits

Training of HSRs

are reviewable by the Queensland Industrial Relations Commission.

Decisions relating to:

Provisional improvement notices issued by HSRs;

Forfeiture and return of goods or things;

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Issue of improvement, prohibition or non-disturbance notices and subsequent

notices;

Variation or cancellation of notices;

Extension of time to comply with improvement notices.

are reviewable by the Queensland Civil and Administrative Tribunal.

In addition, decisions made under the WHS Act by Workplace Health and Safety Queensland

are subject to external review.

Offences and penalties

Workplace Health and Safety Queensland and inspectors can take legal proceedings for any

offence under the WHS Act. In addition, the Director of Public Prosecutions may also initiate

proceedings for Category 1 offences.

Health and Safety duty offences The WHS Act provides for three categories of offences for breach of health and safety duties

and outlines the maximum penalties that apply to an individual, a PCBU, a worker or an

officer of a corporation or unincorporated association, and to the body corporate.

Category 1 – a duty holder engages in conduct that recklessly exposes a person to a risk of

death or serious injury or illness. This offence is a crime and will be prosecuted in the

District Court.

Category 2 – a duty holder fails to comply with a health and safety duty that exposes a

person to risk of death or serious injury or illness.

Category 3 – a duty holder fails to comply with a health and safety duty.

Proceedings for Category 2 and 3 offences will be taken summarily in the Magistrates Court.

Volunteers are exempt from prosecution for failure to comply with a health and safety duty

owed by a PCBU (ss. 19-26) or an officer of a corporation or unincorporated association (s.

27). Volunteers are, however, liable for duties owed as workers (s. 28) or other people at a

workplace (s. 29).

An unincorporated association is also exempt from prosecution. However, an officer of the

unincorporated association (other than a volunteer) may be prosecuted for a failure to

comply with an officer’s duty (s. 27) and a member of the association may be prosecuted for

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failure to comply with the duty of a worker (s. 28) or of another person at a workplace (s.

29).

Procedure if prosecution is not brought If a person considers a Category 1 or 2 offence has occurred and no prosecution has been

brought between six and twelve months of the alleged contravention, they can request that

Workplace Health and Safety Queensland bring a prosecution.

Workplace Health and Safety Queensland has three months to advise its decision. If the

decision is not to prosecute, a person may make a written request to Workplace Health and

Safety Queensland to refer the matter to the Director of Public Prosecutions within one

month.

The Director of Public Prosecutions must consider the matter and advise Workplace Health

and Safety Queensland within one month whether a prosecution should be brought.

Workplace Health and Safety Queensland must provide the person with a copy of the advice

and, if Workplace Health and Safety Queensland declines the advice, the reasons why.

Penalties for breach of health and safety duty offences Penalties for breach of health and safety duty offences are outlined in the following table:

Corporation Individual as PCBU or officer Individual as worker or other

Category 1 $3 million $600,000, five years jail or both $300,000, five years jail or both

Category 2 $1. 5 million $300,000 $150,000

Category 3 $500,000 $100,000 $50,000

Alternative penalty options In addition to the above penalties, courts may impose additional or alternative sentencing

options. Other types of orders that can be made against offenders include:

Adverse publicity orders;

Restoration orders;

Work health and safety project orders;

Court ordered work health and safety undertakings;

Injunctions;

Training orders.

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Section of the

WHS Act

Type of order Information

Section 236 Adverse publicity

orders The court may make an adverse publicity order requiring the offender

to publicise the offence, its consequences and the penalty imposed. It

may also direct an offender to notify a specified person or group of

people about the offence. The offender may also need to give

Workplace Health and Safety Queensland evidence the order was

carried out as instructed.

Section 237 Restoration orders The court may order the offender to take steps to remedy anything

that occurred as a result of the offence that it decides the offender has

the power to address. It may choose to extend the restoration period

but only if the application is made before the order expires.

Section 238 Work health and

safety projects The court may make an order requiring the offender to undertake a

project for the general improvement of work health and safety within a

set period, with conditions that must be complied with as part of the

project.

Section 239 Court ordered work

health and safety

undertakings

The court may adjourn legal proceedings for up to two years and make

an order for the release of the offender on a work health and safety

undertaking. The court may require the offender to: appear before it if

required, not commit any offences under the WHS Act, and observe any

special conditions imposed.

Section 240 Injunctions If a court finds a person guilty of an offence against the WHS Act, it

may issue an injunction requiring the person to cease contravening the

WHS Act.

Section 241 Training orders A person may be ordered by the court to undertake, or arrange for one

or more workers to undertake, a specified training course.

Other offences There are a number of other offences under the WHS Act that relate to specific requirements

and carry their own individual penalties.

Offences in relation to incident notification It is an offence to:

Fail to notify a notifiable incident;

Fail to preserve an incident site until an inspector arrives.

Offences in relation to authorisations It is an offence to:

Carry on a business or undertaking at an unauthorised workplace;

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Use unauthorised plant, equipment and substances at a workplace;

Carry out work without the required licence, permit or authorisation;

Carry out unsupervised work where supervision by a person with prescribed

qualifications or experience is required;

Not comply with the conditions of any licence, permit or authorisation.

Offences in relation to consultation It is an offence to:

Not consult with other duty holders;

Not consult with workers.

Offences in relation to the establishment of work groups It is an offence to:

Fail to negotiate with workers or their representative regarding the formation of work

groups at a workplace;

Fail to notify workers of the outcome of negotiations regarding the formation of work

groups at a workplace.

Offences in relation to health and safety representatives It is an offence to:

Fail to negotiate with an HSR on health and safety matters;

Fail to provide an HSR with access to information regarding hazards and safety of

workers;

Fail to allow an HSR to attend interviews with an inspector or PCBU concerning health

and safety issues;

Fail to provide resources, facilities and assistance to elect an HSR and allow them to

carry out their health and safety duties;

Prevent an HSR from accompanying an inspector during an inspection of the

workplace;

Deny a person assisting an HSR access to the workplace;

Fail to allow an HSR time off with pay to attend to their health and safety duties;

Provide an HSR with access to personal or medical information of a worker without

the worker’s consent unless it is released in a form that does not identify the worker;

Refuse to allow an HSR to attend a prescribed training course;

Fail to provide an HSR with access to information relating to hazards at the

workplace;

Fail to keep an up-to-date list of HSRs at the workplace and ensure it is readily

accessible to all workers and is provided to Workplace Health and Safety

Queensland;

Fail to display a provisional improvement notice;

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Contravene a provisional improvement notice.

Offences in relation to health and safety It is an offence to:

Fail to establish an HSC within two months of being requested to do so;

Fail to allow members of the committee time off with pay to comply with their health

and safety duties.

Offences in relation to discriminatory, coercive or misleading

conduct It is an offence to:

Engage in discriminatory conduct for a reason prohibited under the WHS Act.

Organise or take, to threaten to organise or take, any action against another person

with intent to coerce or induce that person, or a third person to exercise or not

exercise a power or perform or not perform a function under the WHS Act (s.

108);

Knowingly or recklessly make a false or misleading representation to another person

regarding their rights, obligations or abilities under the WHS Act (s. 109).

Offences in relation to WHS entry permit holders It is an offence to:

Refuse or fail to provide documentation or information relating to a suspected breach

of the WHS Act;

Refuse or unduly delay, or intentionally and unreasonably hinder or obstruct entry to

a workplace by an entry permit holder.

It is an offence for a WHS entry permit holder to:

Contravene a condition of the WHS entry permit;

Enter a workplace unless they also hold an entry permit under the Fair Work Act

2009 (Cth) or an industrial officer authority;

Fail to have the work entry permit available for inspection;

Enter the workplace outside normal working hours and fail to comply with any

reasonable request from the PCBU or person with management or control of the

workplace;

Fail to comply with any reasonable request to comply with work health and safety

requirements at the workplace;

Enter any part of the workplace that is only used for residential purposes;

Intentionally and unreasonably delay, hinder or obstruct any person or disrupt work

at the workplace;

Give the impression that the taking of some action is authorized under the WHS

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Act when it is not;

Disclose information or a document about a suspected health and safety breach for a

purpose that is not related to an inquiry;

Fail to return the permit to the authorising authority within 14 days of the permit

expiring being revoked or suspended.

It is an offence for a union to:

Fail to notify the industrial registrar when the entry permit holder resigns and leaves

the union, or the entry permit holder has previously has a permit cancelled or

suspended, or the union ceases to be a registered organisation.

In addition, a person commits an offence if they contravene an order of the Queensland

Industrial Relations Commission (QIRC) regarding a dispute about the exercise or purported

exercise by a WHS permit holder of a right of entry under the WHS.

Offences in relation to the regulator and inspectors It is an offence to:

Refuse or fail to answer questions and provide information and documentation

requested by Workplace Health and Safety Queensland without reasonable excuse;

Refuse or fail to assist an inspector without reasonable excuse;

Refuse or fail to comply with an inspector’s request to answer questions or produce a

document without reasonable excuse;

Tamper with a thing the access to which has been restricted by an inspector;

Refuse or fail to comply with a direction from an inspector, including providing your

name and address;

Intentionally hinder or obstruct an inspector while they are carrying out their duties,

or to induce or attempt to induce another person to do so;

Impersonate an inspector;

Assault, threaten or intimidate an inspector or a person assisting an inspector;

Fail to comply with an improvement notice;

fail to comply with a prohibition notice;

Fail to comply with a non-disturbance notice;

Intentionally remove, destroy, damage or deface a notice required to be displayed;

Fail to comply with a WHS undertaking;

Fail to comply with a court order;

Given false or misleading information;

Disclose confidential information obtained while exercising a power or function under

the WHS Act (other than in relation to a permit holder entry to a workplace);

Impose a levy or charge on a worker for anything done or provided in relation to work

health and safety.

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Section 2: Construction hazards and control

measures

Safe Work Method Statement (SWMS)

The work method statement must take into account the principal contractor’s

construction safety plan and also state:

The high-risk construction activity;

The person’s ABN;

The control measures to be used;

The way the activity will be performed;

How the control measures will be monitored and reviewed;

Any relevant prescribed occupations.

Work method statements must be easy to understand, signed and dated.

The work method statement must be amended if there is a change in the activity and a copy

must be given to the principal contractor. All people affected by changes must be advised of

amendments to the work method statement.

The work method statement must be readily available for inspection. It must also be

reviewed each year and amended if necessary.

Safety Data Sheet (SDS)

What is a safety data sheet (SDS)? An SDS (previously called a material safety data sheet) is a document containing important

information about a hazardous chemical (which may be a hazardous substance and/or

dangerous good) and must:

Be in English;

Contain unit measures expressed in Australian legal units of measurement;

State the date it was last reviewed (must be at least once every five years), or if it

has not been reviewed, the date it was prepared;

State the name, Australian address and business telephone number of the

manufacturer or importer;

State an Australian business telephone number from which information about the

chemical can be obtained in an emergency.

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An SDS for a hazardous chemicals must also state the following information about the

chemical:

Section 1 - Identification: Product identifier and chemical identity

Section 2 - Hazard(s) identification

Section 3 - Composition and information on ingredients, in accordance with Schedule

8

Section 4 - First-aid measures

Section 5 - Fire-fighting measures

Section 6 - Accidental release measures

Section 7 - Handling and storage, including how the chemical may be safely used

Section 8 - Exposure controls and personal protection

Section 9 - Physical and chemical properties

Section 10 - Stability and reactivity

Section 11 - Toxicological information

Section 12 - Ecological information

Section 13 - Disposal considerations

Section 14 - Transport information

Section 15 - Regulatory information

Section 16 - Any other relevant information.

An SDS is an important information source for eliminating or minimising the risks associated

with the use of hazardous chemicals in workplaces.

What are the duties in relation to the preparation of an SDS? Manufacturers and importers of hazardous chemicals have duties under the WHS Regulation

to provide current information about the hazardous chemical in the form of an SDS.

A manufacturer and importer of a hazardous chemical must:

Prepare an SDS for the hazardous chemical before first manufacturing or importing

the hazardous chemical or if that is not practicable, as soon as practicable after first

manufacturing or importing the hazardous chemical;

review the SDS at least once every five years and amend whenever necessary to

ensure it contains correct current information.

A supplier must provide the current SDS to any person, if the person is likely to be affected

by the chemical or asks for the SDS.

A person conducting a business or undertaking may change an SDS for a hazardous

chemical only if the person is an importer or manufacturer and:

Changes the SDS in a way that is consistent with the duties of the importer or

manufacturer, or

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The change is to attach a translation of the SDS and clearly states that the translation

is not part of the original SDS.

Note: A person who packages or relabels a hazardous chemical with their own product name

is considered to be a manufacturer and therefore has the same obligations as a

manufacturer or importer under the WHS Regulations to prepare an SDS.

Access to an SDS Access to an SDS can be provided to workers in the work area in several ways:

Paper copy collections of SDS;

Computerised and internet-based SDS databases.

When a workplace adopts a computerised or internet-based SDS database, ensure that the

relevant workers have ready access to the information in the work area. Ensure workers

have the necessary computer skills to login and access the SDS when required. Also consider

how this information can be accessed in an emergency situation if the power is isolated.

The WHS Regulation provides for an exemption for having to obtain and give access to an

SDS when:

Hazardous chemicals are in transit;

The PCBU is a retailer and the hazardous chemical is a consumer product and

intended for supply and not intended to be opened on the premises;

The hazardous chemical product is a consumer product used in quantities and a

manner which is consistent with household use.

In these circumstances, the PCBU must ensure sufficient information about the safe use,

handling and storage is readily accessible to a worker, emergency service worker or anyone

else likely to be exposed to the hazardous chemical at the workplace.

Registers The register of an SDS should be used as an information tool to make sure everyone is

involved in managing hazardous chemicals exposure at the workplace. A register is a list of

the hazardous chemical products and the current SDS for each of those products that is

readily accessible to a worker and anyone else who is likely to be affected by the hazardous

chemical.

Reviewing and amending a SDS An SDS should be reviewed whenever there is:

A change in formulation that:

o Affects the hazardous properties of the substance.

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o Alters the form, appearance or mode of application of the substance. A

change to the hazardous chemical which alters its health and/or safety

hazard or risk;

New health and/or safety information on the hazardous substance such as exposure

standard changes or a substance previously considered not harmful is now

established to be harmful (e.g. carcinogenic);

At least every five years from date of original preparation or last revision.

It is not necessary to review the SDS if the manufacturer or importer has not manufactured

or imported the chemical in the last five years. An SDS should still be available after the

hazardous chemical is withdrawn from sale as it may be required by workplaces at a later

date.

For an overseas SDS, it is acceptable to have a translation of the SDS attached to the

original SDS, provided the appended information clearly states the translation is not part of

the original SDS. The original SDS is the SDS prepared in accordance with the WHS

Regulation. If an overseas manufacturer's SDS does not comply with the requirements of the

WHS Regulation, the importer is responsible for preparing an SDS that does comply.

Labelling of hazardous chemical containers Manufacturers, importers, suppliers, and PCBUs have specific labelling duties in relation to

the correct labelling of workplace hazardous chemicals.

The format and content for a hazardous chemical product label is set out in the Labelling of

Workplace Hazardous Chemicals published by Safe Work Australia.

What is on the label? The label must be in English and contain the following:

Name of the product;

The name, Australian address and business telephone number of either the

manufacturer or importer;

Identity and proportion disclosed, in accordance with Schedule 8 of the WHS

Regulations for each chemical ingredient;

Any hazard pictogram(s), hazard statement(s), signal word and precautionary

statement(s);

Any information about the hazards, first aid, and emergency procedures relevant to

the chemical, which are not otherwise included in the above; The expiry date of the

chemical, if applicable.

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If the manufacturer has amended an SDS, the label should be changed to ensure that it is

consistent with the information in the amended SDS.

The WHS Regulations (Schedule 9) include special provisions for specific circumstances

including:

Small containers;

Research chemicals or samples for analysis;

Decanted or transferred hazardous chemicals;

Hazardous chemicals with known hazards that are not supplied to another workplace;

Hazardous waste products;

Hazardous chemicals classified in the explosive hazard class;

Hazardous chemicals that are dangerous goods packaged for transport and in transit;

Consumer products;

Agricultural or veterinary chemical products; Products containing nanomaterials.

Further information on what a label is required to include for those specific circumstances

described above are included in the Labelling of Workplace Hazardous Chemicals Code of

Practice 2015.

Dual use products Some hazardous chemicals may be intended for supply to both the consumer household

markets and workplaces in identical containers and packaging. These products are

sometimes referred to as dual use products. A dual use product label need only comply with

the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) labelling

requirements. If the manufacturer or importer determines that the use handling and storage

of the product are predominantly related to a work activity, the label must meet WHS

requirements.

What is a Hazard? A hazard is something with the potential to cause harm.

This is the definition of ‘hazard’ for the purpose of the How to Manage Work Health and

Safety Risks Code 2011. This definition is consistent with the description used in general

Australian industry standards, which define a hazard as:

A source or a situation with a potential for harm in terms of human injury or illhealth,

damage to property, damage to the environment, or a combination of these;

A source or situation can include substances (both hazardous and dangerous), plant,

work processes and/or other aspects of the work environment.

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Hazard Identification The first step in the risk management process is to identify workplace hazards. This means

looking for those things at the workplace that have the potential to cause harm.

To begin identifying hazards, simply ask the question, ‘Does this task/activity/

situation/event have the potential to harm a person?’

Another way is to ask the question ‘What if?’ For example, when inspecting a construction

site, ask ‘What if children could walk unaccompanied onto the site?’ These are proactive

ways to identify hazards. Hazards can also be identified from records of past accidents and

near misses.

High Risk Activities Demolition work includes any work to demolish, deconstruct or dismantle a structure, or part

of a structure that is load-bearing or otherwise related to the physical integrity of the

structure. Demolition work involves hazards for which potential exposure must be controlled,

including:

Falling objects, including part or all of a structure or debris;

Being struck or crushed by operating mobile plant;

Airborne contaminants, such as asbestos or silica.

The Work Health and Safety Regulation 2011 (WHS Regulation) requires that demolition

work be carried out by an appropriately licensed person conducting a business or

undertaking (PCBU). View more information about demolition licences.

The WHS Regulation also requires that certain types of demolition work be notified to

Workplace Health and Safety Queensland. More information about the types of work that

must be notified is provided below. Download Form 67 - Notification of demolition work.

Note, the WHS Regulation excludes certain types of work from the definition of demolition

work, including:

The dismantling of formwork, falsework or other structures designed or used to

provide support, access or containment during construction work;

The removal of power, light or telecommunication poles.

There are other requirements in the WHS Regulation which may apply to demolition or

dismantling of a structure.

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Categorizing Hazards Workplace hazards are not always obvious. Many workplace hazards are environmental, for

example slippery floors, unguarded machines, poor lighting and solvent vapours.

Others are concealed or not readily visible, like electricity, gases or high frequency noise.

Some hazards can result in long-term health effects rather than an immediate injury. For

example, exposure to loud noise over a period of time can result in hearing loss.

To assist in identifying hazards, they may be categorised as follows:

The obvious hazard is apparent to the senses (e. g. unguarded machinery, building

defects, faulty electrical equipment);

The concealed hazard is not apparent to the senses (e. g. electricity, presence of

toxic vapours, or high frequency noise);

The developing hazard cannot be recognised immediately and will develop over time

(e. g. a worn tyre on a mobile crane and frayed steel cables); and

The transient hazard is an intermittent or a temporary hazard (e. g. overload of

machinery, when a confined space permit has expired, a sticking safety valve on a

boiler, intermittent electrical or mechanical defect).

It is important to remember that a hazard may become more obvious and easily identifiable

when a person actually performs a task.

Risk Management Process

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Risk Management Techniques Effective risk management starts with a commitment to health and safety from those who

operate and manage the business or undertaking. You also need the involvement and

cooperation of your workers, and if you show your workers that you are serious about health

and safety they are more likely to follow your lead.

To demonstrate your commitment, you should:

Get involved in health and safety issues;

Invest time and money in health and safety;

Ensure health and safety responsibilities are clearly understood.

A step-by-step process

A safe and healthy workplace does not happen by chance or guesswork. You have to think

about what could go wrong at your workplace and what the consequences could be. Then

you must do whatever you can (in other words, whatever is ‘reasonably practicable’) to

eliminate or minimise health and safety risks arising from your business or undertaking.

This process is known as risk management and involves the four steps set out in this Code

(see Figure 1 above):

identify hazards – find out what could cause harm

assess risks if necessary – understand the nature of the harm that could be caused by the

hazard, how serious the harm could be and the likelihood of it happening

control risks – implement the most effective control measure that is reasonably practicable

in the circumstances

review control measures to ensure they are working as planned.

Many hazards and their associated risks are well known and have well established and

accepted control measures. In these situations, the second step to formally assess the risk is

unnecessary. If, after identifying a hazard, you already know the risk and how to control it

effectively, you may simply implement the controls.

Risk management is a proactive process that helps you respond to change and facilitate

continuous improvement in your business. It should be planned, systematic and cover all

reasonably foreseeable hazards and associated risks.

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Consulting your workers

The WHS Act requires that you consult, so far as is reasonably practicable, with workers who

carry out work for you who are (or are likely to be) directly affected by a work health and

safety matter.

If the workers are represented by a health and safety representative, the consultation must

involve that representative.

Consultation involves sharing of information, giving workers a reasonable opportunity to

express views and taking those views into account before making decisions on health and

safety matters.

Consultation with workers and their health and safety representatives is required at each

step of the risk management process. By drawing on the experience, knowledge and ideas of

your workers you are more likely to identify all hazards and choose effective control

measures.

You should encourage your workers to report any hazards and health and safety problems

immediately so that risks can be managed before an incident occurs. If you have a health

and safety committee, you should engage the committee in the risk management process

as well.

Consulting, co-operating and co-ordinating activities with other duty holders

You should consult, co-operate and co-ordinate activities with all other persons who have a

work health or safety duty in relation to the same matter, so far as is reasonably practicable.

Sometimes you may share responsibility for a health and safety matter with other business

operators who are involved in the same activities or who share the same workplace. For

example, if you engage on-hire workers as part of your workforce you share a duty of care

to these workers with the business that provides them. In these situations, you must discuss

the hazards and risks associated with the work and what precautions will be taken with the

on-hire firm.

Never assume that someone else is taking care of a health and safety matter. Find out who

is doing what and work together with other duty holders in a co-operative and coordinated

way so that all risks are eliminated or minimised as far as reasonably practicable.

When entering into contracts you should communicate your safety requirements and

policies, review the job to be undertaken, discuss any safety issues that may arise and how

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they will be dealt with. Remember that you cannot transfer your responsibilities to another

person.

When should a risk management approach be used? Managing work health and safety risks is an ongoing process that is triggered when any

changes affect your work activities. You should work through the steps in this Code when:

Starting a new business or purchasing a business;

Changing work practices, procedures or the work environment;

Purchasing new or used equipment or using new substances;

Planning to improve productivity or reduce costs;

New information about workplace risks becomes available;

Responding to workplace incidents (even if they have caused no injury);

Responding to concerns raised by workers, health and safety representatives or

others at the workplace;

Required by the WHS regulations for specific hazards;

It is also important to use the risk management approach when designing and planning

products, processes or places used for work, because it is often easier and more effective to

eliminate hazards before they are introduced into a workplace by incorporating safety

features at the design stage.

The risk management process is the key to systematically managing safety in the

workplace.

When carrying out a risk assessment, determine the risks that have the greatest potential to

cause harm and a greater likelihood of occurring. These risks are controlled first, followed by

the less serious risks.

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Risk Probability Chart

Risk Probability and Frequency Risk is the likelihood that a harmful consequence (death, injury or illness) might result when

exposed to the hazard.

Risk management includes an assessment of the probability of injury or illness, and the

likely or possible severity of that risk.

Risk can be quantified as a function of the likelihood of occurrence of the potential harm

arising from the hazard and the severity of consequences measured by the value of the

damage the harm could cause. The amount of risk is affected by the likelihood of the

occurrence (event) and the severity of the consequence that may occur.

A hole in the ground is a hazard, but the extent of the hazard depends on how big the hole

is, whether it's fenced off, whether it's easily visible, etc.

Exposure

This is a question of:

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How people are exposed to the hazard;

How many people are exposed to the hazard;

How often they are exposed to it; and How long they are exposed to it.

Hierarchy of Control Measures

Types of Control Measures

The control measures can be divided into three levels:

The highest level includes measures that address the hazard at the source, or where

it comes from (i.e. elimination, substitution);

The second level measures intervene in the hazard’s course between the source and

a worker (i.e. isolation or engineering);

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The third and lowest level measures are implemented at the point of the worker (i.

e. administrative controls, personal protective equipment).

Potential Consequences The severity or range of the potential consequences resulting from an incident can

be determined by a number of factors, such as:

How much harm the hazard could do;

How many people it could affect;

Whether the harm would be short or long term.

Types of Risk Assessment Operational risk assessment is conducted immediately before the work starts.

Workplace health and safety risk management is an ongoing process and must be

undertaken at various times including:

NOW, if it has not been done before;

When planning or making a change;

After an incident (and/or a near miss);

At regular or scheduled intervals appropriate to the nature of the workplace and the

hazards present;

When legislative obligations change (including regulations);

Before work starts.

High Risk Activities High-risk activities which include:

Tilt-up and precast construction work;

Structural alterations that require temporary support to prevent collapse;

Moving powered mobile plant at the workplace;

Working on a telecommunications tower;

Working in, over or adjacent to water where there is a risk of drowning;

Working on, or adjacent to, a road or railway;

Working on or near a pressurised gas distribution mains and consumer piping;

Working on or near a chemical, fuel or refrigerant line;

Work near an exposed energised electrical installation;

Work in an area that may have a contaminated or flammable atmosphere; Work in

an area where there are artificial extremes of temperature.

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Sources of Hazards Sources of hazards can be when there is:

Lack of training or supervision;

Inadequate work practices;

Poorly designed equipment or workplaces; Poorly maintained or installed

equipment.

What is Risk? Risk is the combination of the likelihood of an occurrence of a hazardous event and the

severity (likelihood) of injury or ill health that can be caused by the event.

Risk is the likelihood that a harmful consequence (death, injury or illness) might result when

exposed to the hazard.

Risk can be quantified as a function of the likelihood of occurrence of the potential harm

arising from the hazard and the severity of consequences measured by the value of the

damage the harm could cause. The amount of risk is affected by the likelihood of the

occurrence (event) and the severity of the consequence that may occur.

Risk Assessment & Control

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Protection from Falling Objects Principal contractors and relevant people must take precautions to ensure that objects do

not fall onto or hit people doing construction work and people in adjoining areas.

For housing and civil construction work, principal contractors must assess the risk from

falling objects and use controls to prevent or minimise the risks. The controls chosen must

comply with any regulatory requirements.

For construction work that is not civil or housing construction work, the principal contractor

must implement one of the following controls based on the angle between the highest point

where work is to be carried out and the line where the control will be placed:

Barricade or hoarding at least 900mm high less than or equal to 15 degrees;

Hoarding at least 1800mm high greater than 15 degrees and less than or equal to

30 degrees;

Fully sheeted hoarding at least 1800mm high greater than 30 degrees; and

If the angle is equal to or more than 75 degrees and not demolition work or work

erecting or dismantling formwork:

o Erect a gantry; o Close the adjoining area; o Erect a catch platform with

vertical sheeting or perimeter screening.

For demolition work or work to erect or dismantle formwork, the principal

contractor must:

Close the adjoining area; or

Erect perimeter containment screening.

However, if permission to close the adjoining area is withheld and perimeter containment

screening cannot be erected, the principal contractor must ensure that another control

measure is implemented to prevent objects falling on or otherwise hitting members of the

public.

The public must be kept out of an adjoining area where loads are being lifted, unless a

gantry that would withstand the force of the load if it fell, has been provided.

Demolition Work Demolition work includes any work to demolish, deconstruct or dismantle a structure, or part

of a structure that is load-bearing or otherwise related to the physical integrity of the

structure. Demolition work involves hazards for which potential exposure must be controlled,

including:

Falling objects, including part or all of a structure or debris;

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Being struck or crushed by operating mobile plant;

Airborne contaminants, such as asbestos or silica.

Asbestos Removal & Categories An asbestos removal licence is held by a person conducting a business or undertaking (PCBU).

Workers carry out licensed asbestos removal work on behalf of or for the PCBU who holds the

licence. Individual workers do not hold an asbestos licence but must meet certain training

requirements.

Friable asbestos

Friable asbestos (material that contains asbestos and is in a powder form or that can be

crumbled, pulverised or reduced to a powder by hand pressure when dry).

Non-friable (bonded) asbestos

Non-friable asbestos materials include asbestos cement sheeting, often called fibro, used in

many Queensland buildings before 1990. The sheeting was used for cladding, roofs and

fences and can often be found as backing boards in wet areas like kitchens and bathrooms.

The removal of more than ten square metres (equal to about four standard sheets of

plasterboard) of non-friable asbestos or any asbestos contaminated dust or debris

associated with the removal of more than ten square metres of non-friable asbestos.

Although a licence is not required to remove ten square metres or less of non-friable

asbestos material, all asbestos removal work must be carried out properly using safe work

procedures (refer to the WHS Regulation 2011 and How to Manage and Control Asbestos in

the Workplace).

Asbestos removal licences issued after the commencement of The Work Health and Safety

Regulation 2011 are valid for a period of five years.

Fall from Heights Falls from height are the most common cause of fatalities on building and construction

sites.

There are solutions to every fall hazard problem. These include:

Properly erected scaffolding;

Catch platforms;

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Meshed in guardrails;

Access towers;

Mobile scaffolding;

Elevating work platforms;

Nets;

Penetration covers;

Fall arrest equipment – full body harness, lanyards, shock absorbers, inertial reels,

static lines.

Safe Work Method Statements Work method statements can assist relevant people to consider how certain activities will be

carried out safely.

The purpose of a SWMS is:

To outline a safe method of work for a specific job;

To provide an induction document that workers can read and understand before

commencing a job;

To meet legal requirements regarding the identification and control of hazards that

can be anticipated and/or that may arise in the carrying out of work;

To enable proper planning to ensure that adequate resources are allocated, possible

problems are identified and that work is carried out in a safe manner;

To provide an opportunity for consultation, with those carrying out the work on the

subject of the SWMS.

Change in Activity Work method statements can assist relevant people to consider how certain activities will be

carried out safely.

Work method statements must be easy to understand, signed and dated.

The work method statement must be amended if there is a change in the activity and a copy

must be given to the principal contractor. All people affected by changes must be advised of

amendments to the work method statement.

The work method statement must be readily available for inspection. It must also be

reviewed each year and amended if necessary.

An SDS should be written so that it can be easily understood by everyone and the number of

pages should be kept to a minimum.

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SWMS Monitoring The work method statement must take into account the principal contractor’s

construction safety plan and also state:

The high-risk construction activity;

The person’s ABN;

The control measures to be used;

The way the activity will be performed;

How the control measures will be monitored and reviewed; Any relevant prescribed

occupations.

SWMS Not Required A relevant person doing construction work needs to prepare a work method statement for

high-risk activities including:

Where a person is:

o To enter a trench more than 1. 5 metres deep

o Using explosives

o Using a confined space

o Using a hazardous substance

If a person could fall:

o At least 3 metres for housing construction work, or

o At least 2 metres for other construction work

Working on a roof with a pitch greater than 26°;

Where the principal contractor concludes an activity could result in death or bodily

harm;

(prescribed activities);

Tilt-up and precast construction work;

Structural alterations that require temporary support to prevent collapse;

Moving powered mobile plant at the workplace;

Working on a telecommunications tower;

Working in, over or adjacent to water where there is a risk of drowning;

Working on, or adjacent to, a road or railway;

Working on or near a pressurised gas distribution mains and consumer piping;

Working on or near a chemical, fuel or refrigerant line;

Work near an exposed energised electrical installation;

Work in an area that may have a contaminated or flammable atmosphere;

Work in an area where there are artificial extremes of temperature.

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Perimeter Fencing Unauthorised visitors (including children) may not be deterred by warning signs, have no

awareness of the dangers that may be present on a residential building site and have no

idea of the risks that they may be exposed to once they have entered a site.

These risks can include serious injury from falls from partially constructed houses and

scaffolding, electric shock from “live” cables, drowning in open excavations, suffocation or

crushing from collapsing material, coming into contact with hazardous substances,

protruding objects, falling onto protruding reinforcement bars etc.

Ideally, all hazards and risks should be eliminated on the site, but this is not always

achievable. Fencing can be an effective way of restricting unauthorised entry to a housing

construction site when hazards are present.

The builder should strongly consider installing a fence around a housing

construction site when it is:

In the proximity of a school or on a route travelled by children

to and from school;

Close to parks or recreational areas;

In a built up area.

Amenities The builder’s own employees need amenities, as well as the builder’s contractors and their

employees, and visitors to the site.

Amenities are those facilities provided for a housing construction site to provide for the

health, safety and welfare of persons working on that site and include the following:

Toilets;

Meal and shelter facilities;

Washing facilities;

Drinking water.

Dangerous Goods Dangerous goods have the potential to cause immediate harm to people, property and the

environment due to the possibility of a fire, explosion, release of toxic, flammable, or

corrosive materials during a storage or handling incident.

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These materials may be dangerous because of one or more of the following

properties:

An ability to cause or accelerate combustion;

Acute toxic effects;

An ability to cause corrosion of skin and other materials;

Capacity to harm the environment;

Potential to cause asphyxiation by displacement of oxygen;

Temperature or pressure hazards;

Ability to react with other materials adversely.

SDS An SDS should be written so that it can be easily understood by everyone and the number of

pages should be kept to a minimum.

Unknown Substances/Unlabelled Containers If the container is not labelled and the contents of the container not known, the

container should be:

Marked, “Caution do not use: unknown substance”;

Stored away from other substances where it cannot be used until its contents can be

identified and the container appropriately labelled.

If the contents cannot be identified, they should be disposed of following consultation with

the relevant local Authority.

Exposure to Hazardous Substances The following questions should be answered when inspecting and evaluating

exposure:

1. Is the hazardous substance released or emitted into the work area?

In determining whether a hazardous substance is released or emitted into a work area, the

following should be considered:

Evidence of contamination; that is dust or fumes visible in the air or on surfaces,

substance visible on a person’s skin or clothing, odour of substance, visible leaks,

spills or residues. Note: the use of odour should be used with caution as it is not

necessarily an indicator of the levels permitted by Regulation;

Handling substances, for example, powders not in containers;

Chemical splashes; and

Workers’ experience or symptoms of exposure.

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1. Are workers exposed to the hazardous substance through inhalation, ingestion,

skin or eye contact, or is there a possibility of accidental injection into the

body?

It is important to identify the types of exposure which might affect workers. Workers

involved in production, repairs, maintenance, cleaning or office work may all face different

types of exposure. Also consider contractors on site and people who might be exposed in an

emergency such as a chemical spill, leak or fire.

People may be exposed by:

Working directly with the hazardous substance;

Working near or passing through areas in which the hazardous substance is stored,

transported, disposed of, or produced by discharge of emissions, e. g. exhaust;

Entering a confined space in which the hazardous substance might be present; or

Cleaning, performing maintenance or other work in areas where the hazardous

substance might be present.

2. How much are workers and other persons exposed to hazardous substances and

for how long?

It is important to identify the amount of hazardous substances to which workers are exposed

and the length of time over which exposure occurs. In particular, remember that exposure

standards for hazardous substances are calculated on a daily 8 hour exposure. Where

workers have been exposed in excess of 8 hours during their working day specialist help

may be needed to apply the exposure standard.

In identifying how much and for how long, ask:

What degree of exposure is expected?

Does exposure occur intermittently or continuously?

Does exposure occur frequently?

What are the different routes of exposure?

How many workers are exposed?

3. What control measures are used or proposed? Are the existing control measures

effective, properly used and maintained?

During a walk-through inspection, the following points should be considered:

Are any engineering controls in place, such as, isolation or enclosure of processes?

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Are effective general ventilation and local exhaust ventilation systems in place

effective and adequately maintained?

Are workers trained in the proper use and maintenance of control measures?

Do work practices ensure safe handling?

Are appropriate personal protective clothing and equipment used and maintained in a

clean and effective condition? Are facilities for changing, washing and eating meals

maintained in good condition? Good personal hygiene practices can help reduce

worker exposure to a hazardous substance.

Are good housekeeping practices in place?

Are all hazardous substances stored correctly?

Is disposal of waste appropriate?

Are appropriate emergency procedures and equipment in place (for example, eye

wash, safety shower, etc)?

4. Are there any risks associated with the storage and handling of the hazardous

substance?

The risk associated with the storage and handling of a hazardous substance in the workplace

often relates to spillage and fire. Under these circumstances, workers might be exposed

briefly but at high concentrations, i. e. the exposure is acute. As a result, the hazardous

substance may also be classified as dangerous goods. These risks are different from those

associated with day-to-day exposure, and should be considered separately.

Hazardous Substances The Work Health and Safety Regulation 2011 sets out the requirement of a Relevant

Person who is an Employer to-

Give a worker who may be exposed to a hazardous substance induction and ongoing

training about the substance having regard to the level of risk identified in the risk

assessment and the workers who may be exposed to the substance; and

Keep a record of the induction and training for 5 years stating the date of the session,

the topics dealt with, the name of the person who conducted the session, and the

names of the workers who attended.

Confined Spaces

Training A “competent person” is likely to be someone who has successfully completed an adequate

training course with a recognised training provider. They should be able to demonstrate

knowledge in identifying and managing confined space hazards. They should have skills and

abilities in correctly completing risk assessments, written authorities and emergency

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procedures. They should also have experience in working with confined spaces and regularly

undergo refresher courses.

Stand-by person Where the risk assessment indicates a risk to health and safety, the control measures shall

require a stand-by person or persons to be outside the confined space while it is occupied.

Plant & Equipment It is always good practice to ensure you check the machinery before every use as things

may have changed between each use. Even if the time period is relatively short, moving

parts may have shifted or other persons may have tampered with the plant since you last

used it.

Noise Noise is unwanted sound that may damage a person’s hearing.

Exposure to too much noise for too long can make people deaf. However, the onset of

deafness can be slow. Often workers don't realise that their hearing is being destroyed.

They may think they have got used to the noise on the worksite. They have not. It is just

that their ears have already been so damaged that the surrounding noise does not seem as

loud as before. Sometimes people will deny that they are having trouble hearing.

Try to move noisy machinery away from workers. If they cannot be done, people in the

noisy zone should wear WorkCover approved ear muffs or plugs. They'll cut down the noise

by 20 to 30 per cent. Ear muffs or plugs must be worn all the time the worker is in the noisy

zone. Wearing them for only part of a noisy shift drastically reduces the protection.

Everything below the blue dotted line is an acceptable level of decibel noise without the need

for hearing protection.

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Personal Hearing Protection A personal hearing protector is a device, or pair of devices, designed to be worn over or

inserted in the ears of a person to protect hearing. Personal hearing protectors should be

used when levels of excessive noise cannot be reduced by using other control measures.

Workers or others at the workplace should be:

Supplied with personal hearing protectors of correct rating and suitable for the work

conditions;

Instructed in their correct usage;

Instructed to wear them when exposed to noise;

Monitored to ensure they wear hearing protection.

Common Gases Damage to services can cause gas escapes which may lead to fires or explosions if an

ignition source is present.

There are two types of leaks following damage to the service:

Damage which causes an immediate escape. In this case, there is a risk to those

working at the site;

Damage which causes an escape sometime after the incident. This may be through

damage which weakens the service casing or the result of poor reinstatement

practice. In this instance, the public is mainly at risk.

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Elevated Work Platforms Observe the following safety rules when operating powered platforms:

The travel speed at Maximum Travel Height should not exceed 3 feet (0. 9m) per

second;

The surface upon which the unit is being operated must be level with no hazardous

irregularities or accumulation of debris which might cause a moving platform to

overturn.

Units are to be assembled, used, and disassembled in accordance with the

manufacturer's instructions;

Units shall be assembled, and used only by personnel who have been trained in their

use.

Equipment must be inspected for damaged and defective parts before use;

Avoid loaded lifts in excess of the design working load and remove the unit from

service for repairs when damaged or weakened from any cause;

Avoid use of lifts during high winds or storms;

Ensure that small tools etc. are shielded from falling on persons required to pass

under the equipment.

Scaffolding A person erecting or dismantling scaffolding 3 metres or more in housing construction or 2

metres or more in other construction must:

Be prevented from falling;

Use a fall arrest harness system; or

Immediately install platforms, edge protection and a means of access as each level is

erected and retain a full deck of platform until the platforms are transferred.

Ladders Ladders must be in good condition, free from splits, or broken or loose rungs.

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Follow the 1:4 base: height ratio rule with ladders. For example, the foot of a four metre

ladder should be at least one metre away from the wall against which the ladder is leaning.

Make sure the top of the ladder extends at least one metre above the lading. It should be

securely fixed at top and bottom and footed securely on a firm and level foundation. Never

put ladders in front of doorways, or closer than 4. 6 metres to bare electrical conductors

(sometimes it is safe to put them closer than this - it depends on what material the ladder is

made of and how likely the ladder is to conduct electricity.

Electrical current can jump from a conductor to an aluminium ladder without any contact).

When working with or on electrical equipment, use only wooden ladders. Do not use metal or

wire-reinforced ladders when working near exposed power lines.

Only one person should be on a ladder at a time, and tools should be pulled up with a rope.

Workers on ladders should never over-reach. Workers ascending or descending should face

the ladder.

Two ladders must never be joined together to form a longer ladder.

Ladders should not be placed against a window.

The ladder must have a load rating of not less than 120kg and be:

Secured against movement at or near its top or bottom, for example, by tying or

clamping;

Manufactured for industrial use;

Used only for the designed purpose;

Not more than 6.1 metres for a single ladder;

Not more than 9.2 metres for an extension ladder used for electrical work or 7.5

metres for other work;

On a firm and stable surface;

Erected at an angle between 70° and 80°;

Extended at least 1 metre above a surface being accessed.

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Section 3: OHS Communication and Reporting

Processes

Construction Safety Plans A construction safety plan can assist principal contractors to manage their workplace health

and safety obligations.

A principal contractor must prepare a construction safety plan before construction work

starts.

The plan must state:

Workplace address;

Name and address of the principal contractor;

Principal contractor's ABN;

Whether there is a WHS committee;

Whether there is a WHS Officer appointed;

Expected start date;

Estimated duration of the work;

Type of construction;

Plant provided for common use;

Site rules;

The risks the principal contractor is obliged to manage;

Proposed control measures for the risks;

How the controls will be implemented;

Arrangements for monitoring and reviewing controls;

Emergency procedures;

Public safety strategies.

The plan must be written so it is easy to understand, signed and dated by the principal

contractor. It must be available for the length of the project.

The principal contractor must sign and date work method statements that have been

received and keep them with the plan, as well as monitor their implementation.

The principal contractor cannot allow work to start unless:

The plan has been discussed with or a copy given to all relevant people;

The plan is available or readily available for inspection.

The plan must be amended if there are changes in how risks will be managed.

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The principal contractor must inform any affected person of the change.

Authorisations Authorisations (e. g. licences, permits and registrations) are required for certain types of

work, some workplaces and the use of some plant.

Workplaces The WHS Regulation requires some workplaces (e. g. major hazard facilities) to be approved

or authorised. A person must not conduct a business or undertaking, or direct or allow a

worker to carry out work, if the workplace is not authorised in accordance with the WHS

Regulation.

Plant A PCBU must not direct or allow a worker to use plant or equipment if it is not authorised.

Under the WHS Regulation, the following items of plant require registration of their design:

Pressure equipment, other than pressure piping;

Gas cylinders covered by Part 1. 1 of AS2030. 1;

Tower cranes, including self-erecting tower cranes (excluding cranes or hoists that

are manually powered, scissor lifts, vertically moving platforms and tow trucks);

Lifts, including escalators and moving walkways;

Building maintenance units;

Hoists with a platform movement exceeding 2. 4 metres, designed to lift people;

Work boxes designed to be suspended from cranes;

Amusement devices covered by section 2. 1 of AS3533 (except playground

structures, water slides, wave generators, sealed inflatable devices and inflatable

devices that do not use a non-return valve);

Concrete placement units with delivery booms;

Prefabricated scaffolding and prefabricated formwork;

Boom type elevating work platforms;

Gantry cranes with a safe working load greater than 5 tonnes, or bridge cranes with a

safe working load of greater than 10 tonnes, and any gantry crane or bridge crane

which is designed to handle molten metal or Schedule 11 hazardous chemicals;

Vehicle hoists;

Mast climbing work platforms;

Mobile cranes with a rated capacity of greater than 10 tonnes.

Under the WHS Regulation the following items of plant and equipment require to be

registered:

Certain boilers and pressure vessels;

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Tower cranes, including self-erecting tower cranes (excluding cranes and hoists that

are manually powered);

Lifts, including escalators and moving walkways;

Building maintenance units;

Amusement devices covered by section 2. 1 of AS3533 (except playground

structures, water slides, wave generators, sealed inflatable devices and inflatable

Devices that do not use a non-return valve);

Concrete placement units with delivery booms;

Mobile cranes with a rated capacity of greater than 10 tonnes.

Work A PCBU must not direct or allow a worker to carry out work if it is required to be done by an

authorised person. Under the WHS Regulation, the following high risk work must only be

performed by people who have been authorised (i. e. licensed) to carry out that particular

type of work:

Scaffolding;

Dogging and rigging;

Crane and hoist operation;

Operating reach stackers;

Forklift operation;

Pressure equipment operation.

Prescribed qualifications and experience The WHS Regulation requires the following types of work only to be carried out or supervised

by a person with prescribed qualifications or experience:

Driving:

General driving work (section 171 and 177 WHS Regulation)

Incidental driving work (section 172 WHS Regulation)

Limited scientific driving work (section 173 WHS Regulation)

High risk driving work (sections 183 and 184 WHS Regulation)

Plant:

Maintenance, repair, inspection and testing of registered mobile cranes and tower

cranes (section 235 WHS Regulation);

Maintenance, repair, inspection and testing of amusement devices (sections 240 and

241 WHS Regulation);

Verification of plant design (section 252 WHS Regulation).

Construction:

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All construction work (requires general construction induction training sections 316

and 317 WHS Regulation).

Management of asbestos:

Identification of asbestos at a workplace (section 422 WHS Regulation).

Asbestos related work:

Air monitoring of the work area where asbestos related work is being carried out

(section 482 WHS Regulation).

In the case of asbestos removal work, the WHS Regulation requires the:

Asbestos removalist to be licensed (section 458 WHS Regulation);

Nominated asbestos removal supervisor to be competent;

Asbestos removal worker to hold certification in relevant units of competency (section

460 WHS Regulation);

Clearance inspection for non-friable asbestos removal work to be undertaken only by

competent person (section 473 WHS Regulation);

Clearance certificate in relation to non-friable asbestos removal work to be issued

only by a competent person (section 474 WHS Regulation);

Air monitoring during friable asbestos removal work to be undertaken only by a

licensed asbestos assessor (section 489 WHS Regulation);

Clearance inspection for friable asbestos removal work to be undertaken only by a

licensed asbestos assessor (section 489 WHS Regulation);

Clearance certificate in relation to friable asbestos removal work to be issued only by

a licensed asbestos assessor (section 489 WHS Regulation).

Recording Workplace Incidents You are required by law to report incidents in the workplace where there is:

Serious bodily injury;

Work caused illness;

Dangerous event;

Dangerous electrical event;

Serious electrical incident;

Major accident under the DGSM Act.

Workplace Health & Safety Obligations A person who conducts a business or undertaking is considered a relevant person

and can include:

Employers;

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Self-employed people;

Volunteer organisations.

Meeting your workplace health and safety obligations involves:

Providing and maintaining a safe and healthy work environment;

Providing and maintaining safe plant;

Ensuring the safe use, handling, storage and transport of substances;

Ensuring safe systems of work;

Providing information, instruction, training and supervision to ensure health and

safety.

Notifiable Incidents Employers and self-employed

Under The Work Health and Safety Regulation 2011 you are required to inform Workplace

Health and Safety Queensland if the following events happen at the workplace:

Serious bodily injury;

Work caused illness;

Dangerous event.

You should advise your employer of:

All workplace accidents even when you only receive minor injuries;

All workplace incidents (including near misses).

Duty to preserve incident sites

The person with management or control of relevant premise at which a notifiable incident

has happened must ensure, so far as is reasonably practicable, that the site where the

incident happened is not disturbed until an inspector arrives at the site or any earlier time

that an inspector directs.

Note* A relevant person must keep a record of each notifiable incident for at least 5 years

from the day that notice of the incident is given to the regulator.

Non-Serious Incidents Although you do not have to notify Workplace Health and Safety Queensland about non-

notifiable incidents, it is important to record and investigate ALL incidents including 'near

misses' so that action can be taken to prevent similar incidents occurring in the future.

It also provides a good record such that more serious incidents can be avoided.

How are hazards identified?

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Hazards can be identified in a number of ways. For example:

Workplace inspections;

Examining records of incidents and dangerous occurrences in the workplace;

Keeping up to date with information released about particular products and

processes;

Contact with other workplaces using similar processes; or

If you have a large site with several contractors and employees - by consulting the

Health and Safety Representative and employees from that site.

General Induction Training General induction training teaches people the knowledge and skills described in the unit of

competency to 'Prepare to Work Safely in the Construction Industry'.

General induction is a structured training course that has a nominal duration of 6 hours in

the classroom or can be done online in a few hours.

The course assessment will require the demonstration of all the elements of induction

training as specified in the unit of competency.

Upon successfully completing the course a laminated card will be provided to you. It will

have a serial number and should contain your signature and the date of the course.

As of January 2012, under the Work Health and Safety (WHS) Act, WorkCover NSW accept

interstate ONLINE White Cards - (NTIS course CPCCOHS1001A superseded by

CPCCWHS1001) for NSW residents.

Under Work Health and Safety (WHS) legislation, everyone working on construction sites

(including owner builder projects) must be deemed to be competent and are therefore

required to successfully complete this course.

This WorkCover approved course is compulsory for anyone entering the building and

construction industry who is over 14 years of age (including volunteers, full time students on

Work Experience programmes and/or students seeking casual employment) or anyone who

has been out of the industry for more than 2 years.

The course (the one you are sitting right now) will cover the following elements:

OHS Legislative Requirements;

Construction hazards and control measures;

OHS communication and reporting processes;

OHS incident response procedures.

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WH&S Inspectors The main role of an inspector is to ensure workplaces comply with workplace health and

safety legislation. It is also part of an inspector’s role to provide information and advice

on the legislation.

Inspectors visit workplaces for a variety of reasons including to:

Investigate workplace incidents;

Investigate reports of unsafe, or unhealthy conditions and dangerous work practices;

Assess workplace health and safety risks to workers and members of the public;

Conduct workplace health and safety inspections and audits;

Provide information and advice on the legislation.

Mandatory (Must Do) Signs Images that are in blue usually denote a mandatory requirement. A picture depicting a pair

of goggles will indicate that goggles MUST BE worn.

Warning Signs Yellow signs usually indicate warning to alert persons to dangers that may be present or

to notify them of the potential to cause harm or injury.

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Serious Injury (Electrical)

Trip Hazards

Prohibition (Do Not) Signs The best safety signs have pictures on them so you can understand them even if you are

from a non-English speaking background.

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Blue signs that depict an image will always indicate that the image carries a mandatory

or MUST DO / MUST WEAR requirement.

Whit signs with a red line through them indicate DO NOT or STOP action.

Safe Work Method Statements (SWMS) In terms of hierarchy of safety documentation, a SWMS generally sits within a site safety

plan. The site safety plan would most typically identify OH&S controls for all issues

relating to works on site including the requirement for a SWMS to be provided prior to

any work activity taking place.

A person conducting a business or undertaking PCBU that includes carrying out high risk

construction work in connection with a construction project must, before the high risk

construction work commences, ensure that a copy of the safe work method statement for

the work is given to the principal contractor.

A person conducting a business or undertaking must ensure that a safe work method

statement is reviewed and, as necessary, revised if relevant control measures are revised.

If a notifiable incident occurs in connection with the high risk construction work to which

the statement relates, the person must keep the statement for at least 2 years after the

incident occurs.

The person must ensure that for the period for which the statement must be kept under

this section, a copy is readily accessible to any worker engaged by the person to carry

out the high risk construction work.

The person must ensure that for the period for which the statement must be kept under

this section, a copy is available for inspection under the Act.

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There are various SWMS formats for capturing the information required to establish that

work is to be carried out safely, including the example provided. However regardless of

the format used/provided the SWMS should identify as a minimum the work to be

performed, the sequence of the work, hazards, and risks arising from the hazards and

control measures to be used to remove/minimise the risk/s.

Additional information, such as the qualifications of those performing the work, the level

of supervision to be provided, the use of any hazardous substances, the type of

plant/equipment to be used, must also be provided. This information may be captured in

the SWMS or alternatively may be referenced in the SWMS

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Section 4: OHS Incident Response Procedures

Codes of Practice Meeting your workplace health and safety obligations involves:

Providing and maintaining a safe and healthy work environment;

Providing and maintaining safe plant;

Ensuring the safe use, handling, storage and transport of substances;

Ensuring safe systems of work;

Providing information, instruction, training and supervision to ensure health and

safety.

How to meet your obligations?

You can meet your workplace health and safety obligations by following the law.

If a regulation or ministerial notice tells you how to prevent or minimise exposure to

a risk, you must comply;

If a regulation or ministerial notice prohibits exposure to a risk, you must comply;

If a code of practice states a way of managing exposure to a risk, you must adopt

and follow that approach or one that gives you at least the same level of protection

against the risk.

If there is no regulation, ministerial notice or code of practice to guide you in managing a

particular risk or preventing exposure to it, you still have a workplace health and safety

obligation and you should find appropriate ways to manage exposure to any risks

that may arise. You can meet your obligation by taking reasonable precautions and

exercising due care in your work activities.

It is a requirement of The Workplace Health and Safety Act 2011 that risks must be

assessed and control measures then implemented and reviewed to prevent or minimise

exposure to the risks.

High Risk Activities Although workplace health and safety problems can affect workers in any work situation,

not all workers face the same degree or type of risk of injury as others. Risks may vary

by, for example, the type of industry, occupation or work.

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If you suspect a risk you need to stop the task immediately. You need to think about

what you are about to do, the potential risks and the likely effects on yourself and other

people.

Regardless of your role, you have a duty of care to ensure yourself and others are not

affected by any of your actions or inactions.

A code of practice applies to anyone who has a duty of care in the circumstances described

in the code. In most cases, following an approved code of practice would achieve compliance

with the health and safety duties in the WHS Act, in relation to the subject matter of the

code. Like regulations, codes of practice deal with particular issues and do not cover all

hazards or risks that may arise. The health and safety duties require duty holders to

consider all risks associated with work, not only those for which regulations and codes of

practice exist.

Codes of practice are admissible in court proceedings under the WHS Act and

Regulations. Courts may regard a code of practice as evidence of what is known about a

hazard, risk or control and may rely on the code in determining what is reasonably

practicable in the circumstances to which the code relates.

An inspector may refer to an approved code of practice when issuing an improvement or

prohibition notice.

A person conducting a business or undertaking has the primary duty under the WHS Act

to ensure, so far as is reasonably practicable, that workers and other persons are not

exposed to health and safety risks arising from the business or undertaking.

The WHS Regulations place specific obligations on a person conducting a business or

undertaking in relation to first aid, including requirements to:

Provide first aid equipment and ensure each worker at the workplace has access to

the equipment;

Ensure access to facilities for the administration of first aid;

Ensure that an adequate number of workers are trained to administer first aid at the

workplace or that workers have access to an adequate number of other people who

have been trained to administer first aid.

A person conducting a business or undertaking may not need to provide first aid

equipment or facilities if these are already provided by another duty holder at the

workplace and they are adequate and easily accessible at the times that the workers

carry out work.

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Officers, such as company directors, have a duty to exercise due diligence to ensure that the

business or undertaking complies with the WHS Act and Regulations. This includes taking

reasonable steps to ensure that the business or undertaking has and uses appropriate

resources and processes to eliminate or minimise risks to health and safety.

Workers have a duty to take reasonable care for their own health and safety and must

not adversely affect the health and safety of other persons. Workers must comply with

any reasonable instruction and cooperate with any reasonable policy or procedure

relating to health and safety at the workplace, such as procedures for first aid and for

reporting injuries

First Aid Personnel Workers should have access to trained first aid personnel who undertake initial

management of work caused injuries or illnesses.

If ongoing medical care or special medical assistance, for example trauma counselling, is

required, the first aid personnel should recommend that a worker seek further

assistance.

First Aid Signs First aid or emergency signs are always green. A first aid room is usually indicated by a

white cross on a green background.

First Aid Qualifications In low risk workplaces, workers should have access to a person with a current Apply First Aid

qualification (or higher qualification).

A person possessing a current Apply First Aid qualification should be able to:

Undertake the initial management of injuries and illnesses occurring at workplaces;

and

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Record details of first aid given.

In high risk workplaces, workers should have access to a person with a current

occupational first aid qualification.

A person with a current occupational first aid qualification should have:

Broad first aid skills like maintenance of first aid equipment; and

Knowledge of the requirements of a working environment and current workplace

health and safety legislation.

First Aid Records A record of any first aid treatment given should be kept by the first aider and reported to

managers on a regular basis to assist reviewing first aid arrangements. First aid

treatment records are subject to requirements under Health Records legislation

A copy of the first aid record should accompany the ill or injured person if the person is

transferred to a medical service or hospital.

The original copy of the first aid records should be retained at the workplace and a copy

should be given to the worker or be available on request.

If a notifiable incident occurs in connection with the work, you must keep the assessment

or dive plan (as the case requires) for at least 2 years after the incident occurs

You must ensure that for the period for which the assessment must be kept a copy is

available for inspection under the Act.

Employer Responsibilities Examples of Ways to control hazards:

Make sure handling of frozen meat is limited in time to avoid hands and fingers losing

feeling due to cold;

Rotate workers so no one person is in a cold or hot environment for long periods of

time;

Wear protective clothing. The clothing layer closest to the skin should be able to

absorb sweat, especially if the activities involve physical exertion such as lifting, while

the outside layer should be waterproof;

Ensure equipment and machinery are maintained and serviced appropriately and used

according to safe operating procedures;

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Flammable or Combustible substances are stormed appropriately and kept at the

lowest practicable quantity for the workplace;

Protective ear-wear is worn and that the noise the worker is exposed to does not

exceed the exposure for standard noise;

The need for any person to enter a confined space and the risk of the person

inadvertently entering the space are eliminated so far as reasonably practicable;

You need to be aware that some people may be more sensitive to certain climates

than others.

Record Keeping Keeping good records of the risk management process demonstrates potential

compliance with the Act with respect to controlling risks in the workplace. It also

maximises the effectiveness of the process and assists when undertaking subsequent risk

assessments.

Some of the reasons for keeping records about the risk management process and

general workplace health and safety activities include to:

Demonstrate that the process was conducted properly (e. g. to provide evidence);

Provide a record of risks;

the relevant decision makers with a risk management plan for approval and

subsequent implementation;

Provide a responsible and accountable mechanism and tool;

Measure progress and change through continuous monitoring and reviewing;

Provide an audit trail;

Comply with legislative requirements; Share and communicate information.

Everyone in the workplace must be aware of record keeping requirements, including

which records are accessible and where they are kept.

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Fire

The diagram depicts the different types of fire-extinguishers available. If a green smiley

face appears in one of the boxes, then the corresponding “class of fire” at the top

indicates this extinguisher can be used on this fire.

A red frown face indicates that this extinguisher is not to be used on this “class of fire”.

Elements of a Fire For a fire to exist it must contain 3 basic elements. These are:

Heat;

Fuel;

Oxygen.

Personal Protective Equipment (PPE) Personal protective equipment (PPE) refers to protective clothing, helmets, goggles, or

other garment designed to protect the wearer's body from injury by blunt impacts,

electrical hazards, heat, chemicals, and infection, for job-related occupational safety and

health for the purpose of preventing injury or illness.

PPE can include:

Hearing protective devices, such as ear muffs and ear plugs;

Fire Extinguishers

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Respirators;

Eye and face protection, such as goggles;

Safety helmets and sun hats;

Gloves and safety boots;

Clothing, such as high visibility vests or life jackets;

When should you use it?

It is a requirement of the Workplace Health and Safety Act 2011 that risks must be assessed

and control measures then implemented and reviewed to prevent or minimise exposure to

the risks.

Personal protective equipment (PPE) and administrative controls are lowest on the

hierarchy of control measures. PPE does not control the hazard at the source and should

not be relied on as the main control measure unless it is a temporary or interim measure

or when options higher on the list of controls have been exhausted. PPE can be used

effectively in conjunction with other control measures to manage exposure to a risk.

The effectiveness of PPE as a control measure is limited as it can:

Be uncomfortable to wear;

Make working difficult;

Create other risks to a person’s health and safety; Be expensive in the long term.

Using PPE

Make sure that:

Personal protective (PPE) is used in accordance with the manufacturers’ instructions;

The PPE fits correctly;

Workers are instructed and trained in how to use it;

Appropriate signs should be displayed to remind workers where PPE must be worn.

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Working Alone Less people might suggest that there are fewer chances of things going wrong. There are

times when working alone can be safer, however generally speaking it is more dangerous

to work alone as when things do go wrong, there is little or no chance of assistance.

This is especially true of high-risk activities. These activities should never be carried out

alone and should always be performed by a trained and supervised individual.