General Office WHS Manual – Chapters 01-04

Joshua Easton


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1.Work Health and Safety introduction

This Work Health and Safety Manual not only provides information on your legal compliance obligations, but also provides general information on:

  • Who is held responsible and accountable for Work Health & Safety (WHS) matters in your place/s of work
  • Induction, training and supervision
  • What is a hazard and how to identify them
  • How to undertake a risk assessment
  • How to implement risk management – control identified risks
  • Safe operating procedures where risk assessment requires it
  • Health and safety checklists
  • Who, and how, to consult
  • Resolution of safety issues
  • What to do in the event of an incident
  • Local rules and Safe Conduct
  • And much, much more.

The work health and safety (WHS) of all persons employed within a business, and those visiting a business, is considered to be of the utmost importance.
Resources in line with the importance attached to WHS will be made available to comply with all relevant Acts, Regulations and Codes of Practice and
to ensure that the workplace is safe and without risk to health.

The promotion and maintenance of work health and safety is primarily the responsibility of management. Successful management of health and safety can only
be effectively achieved when the participation of workers at all levels is built into all its processes for identifying and controlling risk. Everyone
has a responsibility to co-operate with their colleagues to achieve a safe and healthy workplace, and to take reasonable care of themselves and others.

Management at all levels is required to contribute to the health and safety of all persons in the workplace. It is management’s responsibility to develop,
implement and review, in consultation with its employees, the business WHS program. In order to implement health and safety provisions, a program of
activities and procedures is set up, will be continually updated and effectively carried out. This program includes:

WHS training, education and consultation with employees

Work design, workplace design, standard work methods and changes including those associated with technological change

Emergency procedures and drills and provision of WHS equipment, services and facilities

Workplace inspections, evaluations, hazard identification and risk assessment

Reporting and recording of incidents, accidents, injuries and illnesses

Provision of WHS information to employees, contractors and sub-contractors

Safety management can be considered as a step-wise process which builds a framework which encompasses all activities carried out in the workplace, and
which promotes self-checking, review and continual improvement. It addresses the safety management in the workplace, the use of resources and the carrying
out of individual activities.

In the management of health and safety, there are defined roles of nominated individuals. They assist the senior manager; help to resolve health and safety
issues, and also report to health and safety committees, where appointed.

The contents of this health and safety manual apply to all persons who are authorised to carry out activities in the area to which it applies. They are
required to work in accordance with this manual and any associated system of working. Confirmation of receipt and understanding of the contents of
this manual must be recorded.

Workplace health and safety is ensured when persons are free from the risk of death, injury or illness created by workplaces, workplace activities or specified
high-risk plant. Ensuring workplace health and safety involves identifying and managing exposure to the risks at the workplace.

1.1 Purpose

Persons who conduct a business or undertaking (PCBU) have the primary duty to ensure the health and safety of workers and other persons at the workplace.
This requires that person to ensure that risks are eliminated so far as is reasonably practicable.If it is not possible to eliminate the hazard, then
minimise the risks as far as is reasonably practicable.

1.2 Legislation

Work Health & Safety Act 2011, Work Health and Safety and Other Legislation Amendments Act 2017, State Work Health & Safety Acts, Regulations and Codes of Practice

Workers in Australia are protected either under the National Health and Safety Legislation or the relevant State Work Health and Safety Legislation. Anyone
who is working full-time or part-time, or has a permanent, temporary or casual job, is covered. This legislation also includes home-based workers and
volunteers who work in connection with a trade or business as well as contractors under certain circumstances.

The legislation is designed to protect people by establishing safe systems of work to eliminate or minimise the risks to health, safety and welfare. Employers,
employees and others such as manufacturers and suppliers of machinery or substances used at work, all have an important role to play.

The relevant WHS Act places the primary health and safety duty on a person conducting a business or undertaking (PCBU), who must ensure, so far as is reasonably
practicable, the health and safety of workers in the workplace.Duties are also placed on officers of a PCBU, workers and other persons at a workplace.

All duties under the WHS Act are qualified by the term ‘reasonably practicable’.

The WHS Act also sets out the requirements for the following:

  • Incident notification
  • Consultation with workers
  • Issue resolution
  • Inspector powers and functions
  • Offences and penalties.

Work Health and Safety Regulations

If a Work Health and Safety Regulation describes how to prevent or minimise a risk at your workplace you must do what the regulation states.

If there is no regulation or code of practices about a risk at your workplace, you must choose an appropriate way to manage exposure to the risk.A PCBU
must, where there is no regulation or code of practice about a risk, eliminate or minimise risks so far as is reasonably practicable.

Codes of Practice

A code of practice provides practical guidance for people who have work health and safety duties about how to achieve the standards required under legislation,
and about effective ways to identify and manage risks.

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 legislation, in relation to the subject matter of the code.

Like regulations, codes of practice deal with particular issues and do not cover all the hazards or risks which 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.

The Work Health and Safety and Other Legislation Amendments Act 2017

In August 2017 the Work Health & Safety and Other Legislation Amendments Bill (Bill) was tabled in the Queensland Parliament. The reason given for
this Bill arose from a review on concerns of how safety is regarded as well as concerns on the effectiveness of the Work Health & Safety Act 2011.

This Bill was essentially a reaction to fatalities at Dreamworld and Eagle Farm Racecourse – in particular, concerns about the regulation of public safety
and the effectiveness of the current WHS Legislation.

On October 12, 2017 this Bill passed and became the Work Health & Safety and Other Legislation Amendments Act 2017 (Act). This amends the Work Health
& Safety Act 2011 (WHS Act) – the Electrical Safety Act 2002 (ES Act) – and the Safety in Recreational Waters Act 2011 (SRWA Act).

The provisions of the Act include:

Creates a new criminal offence – Industrial Manslaughter

  • It was found that a specific offence was needed to deal with WHS failures causing fatalities, as well as dealing with public expectations
    following a fatality and to provide a deterrent effect

Establishes an independent office for WHS Prosecutions

Places restriction on the availability of enforceable undertakings

Reintroducing the role of the Work Health & Safety Officer

Restores the status of Codes of Practice

Increases support for Health & Safety Representatives.

 

Further Information on Amendments

New Criminal Offence – Industrial Manslaughter

An industrial manslaughter offence is not only an individual offence (such as a senior officer of a PCBU) but also can be brought against a corporation.
The amendments relating to industrial manslaughter commenced upon assent – 23 October, 2017.

 

A PCBU or senior officer commits an offence if:

A worker dies in the course of carrying out his duties (or is injured, but later dies)

The PCBU / Senior Officer’s conduct causes, or substantially contributes, to the death of the worker

This person is negligent in respect of causing the death of the worker

The exceptions are Volunteers, but NOT senior officers of unincorporated associations. Individuals acting with corporate authority can
be criminally liable if that person’s conduct substantially contributes to a fatality.

Prior to the passing of the Bill an amendment was made to expressly note that Section 23 of the Criminal Code does not apply as a defence
to industrial manslaughter. Section 23 of the Criminal Code provides that a person cannot be criminally liable if there was no intention or motive.
All that is required for a charge of industrial manslaughter to be brought is that the person’s conduct causes the death and that the person is negligent
about causing the death of the worker by that conduct.

 

MAXIMUM PENALTY – 20 YEARS IMPRISONMENT (INDIVIDUAL) – UP TO $10 MILLION IN PENALTY (CORPORATE BODY)

 

Independent Statutory Office for WHS Prosecutions

The new statutory WHS prosecutions office will operate like the DPP – headed by a Prosecutor – who must follow DPP guidelines when deciding when to initiate
prosecution.

Inspectors may still take proceedings for Category 3 offences with the authority of the Prosecutor. The current referral process to the DPP for indictable
offences remains in place.

The functions of the WHS Prosecution Office include:

Conducting and defending proceedings under the Act before a court or tribunal

Advising WHSQ on matters relating to the Act

Any other function specified under the Act or other Act

Impact of Change:

There are concerns that there may no longer be any express obligation to consider whether there is a reasonable prospect of conviction in deciding to prosecute

It seems to be a significant move away from national Harmonisation of Compliance and Enforcement – this Act relates to Qld only

The independent Prosecution Office may assist in mitigating impact on strained inspector relationships.

Reintroducing the Role of the Workplace Health & Safety Officer – Commencement Date – July 1, 2018

The reintroduction of the role of Workplace Health & Safety Officers (WHSO) is not mandatory. A PCBU may appoint a person who must hold a Certificate
of Authority issued by Work Health & Safety Qld.

The appointment of a WHSO is considered in assessing evidence of compliance with the Act by a PCBU. The Bill does not contain other requirements that a
WHSO taking on the role must also do.

Impact of Change:

It is up to a PCBU to assess the utility or appropriateness of appointing a WHSO

An appointed WHSO does not bear liability – the role of WHSO is designed to assist with compliance with WHS legislation

The appointment of a PCBU does not affect the duties and obligations of a PCBU under WHS obligations

Appointment may be used as evidence of compliance under WHS obligations

Restricting the Availability of Enforceable Undertakings (EU)

This Act now expands the prohibition on accepting enforceable undertakings for a Category 1 offence – the exclusion applies to all officers involved in
a fatality. Prior to harmonisation, WHSQ made it clear that an EU would not be accepted in the case of a fatality. However, the Act removes any discretion
or ambiguity on this issue.

Review of the changes makes it seem unnecessary – previously, WHSQ already had the discretion to reject an EU application.

Restoring the Status of Codes of Practice – July 1, 2018

Under this Act, the Codes of Practice will operate as a minimum standard – to be reviewed every 5 years to ensure the content remains relevant. Codes of
Practice provide a good guide but not the detail required to ensure compliance.

Safety measures contained in Codes of Practice must be followed unless the PCBU can demonstrate they are providing a standard of health and safety that
is at least equivalent to the standards under the relevant Code.

This Act clarifies the status of Codes of Practice by restoring the previous requirements from the 1995 WHS Act. The Codes provide clear enforcement action
by inspectors where a minimum standard has failed to be reached.

However, Codes may also be used as evidence that a PCBU has complied with their safety obligations.

Health & Safety Representatives – July 1, 2018

As a result of the review, the Act’s amendments include:

PCBU to provide WHSQ with a copy of all PINs issued by HSR

Reinstating repealed provisions requiring PCBU to provide WHSQ with list of HSR and deputy HSRs

Mandating training for HSRs within six months of being elected with refresher training every 3 years

Requiring Currently, training for HSRs is discretionary – mandatory training will impose increased financial and practical obligations
on PCBUs. There will be greater regulatory burdens imposed on a PCBU regarding exchange of information.

It is common for HSRs to be associated with unions – these changes may result in more activity which may be difficult to manage.

Right of Entry

Amendment of S171 – clarifies scope / availability of inspector’s powers on entering a workplace or reviewing a document. An inspector can enter and request
documents, even from head office location. The inspector does not have to be on site at Head Office to effectively request such documents.

Revises S70 (1) – a PCBU may only refuse access to information if such information “confidential commercial information”.

Right of Entry – empowers inspectors that have been asked to assist in right of entry disputes to determine whether permit holder has a valid right of
entry. In these circumstances an inspector can direct a PCBU to allow permit holder to enter premises. Where State WHS law allows a HSR to invite a
union official onsite to assist them, the union official must hold a valid right of entry permit.

Other Amendments in the Act – Date Yet to be Fixed

The transfer of jurisdiction for issue resolution from the Queensland Civil and Administrative Tribunal (QCAT) to the Queensland Industrial Relations Commission
(QIRC)

Establishing the office of the WHS Prosecutor

Expanding the powers of inspectors to assist in resolving disputes

 

NO INDUSTRIAL MANSLAUGHTER FOR THE MINING INDUSTRY AT THIS STAGE

Whilst the Government is committed to protecting workers in mines, quarries, on oil and gas rigs and people working with explosives, it will not move to
introduce further amendments to the mining industry until consultation occurs with the resources industry.

 

1.3 Record Keeping

Keeping records of the risk management process demonstrates potential compliance with the relevant WHS Acts, Codes of Practice and Regulations.It also
helps when undertaking subsequent risk assessments.

Keeping records of the risk management process has the following benefits.It:

  • Allows you to demonstrate how decisions about controlling risks were made
  • Assists in targeting training at key hazards
  • Provides a basis for preparing safe work procedures
  • Allows you to more easily review risks following any changes to legislation or business activities
  • Demonstrates to others (regulators, investors, shareholders, customers) that work health and safety risks are being managed.

The detail and extent of record keeping will depend on the size of your workplace and the potential for major work health and safety issues. It is useful
to keep information on:

  • The identified hazards, assessed risks and chosen control measures (including any hazard checklists, worksheets and assessment tools used in working
    through the risk management process)
  • How and when the control measures were implemented, monitored and reviewed
  • Who you consulted with
  • Relevant training records
  • Any plans for changes.

There are specific record-keeping requirements in the WHS Regulations for some hazards, such as hazardous chemicals. If such hazards have been identified
at your workplace, you must keep the relevant records for the time specified.

  • You should ensure that everyone in your workplace is aware of record-keeping requirements, including which records are accessible and where they are
    kept.
  • Adequate record keeping is essential because the absence of such records could be regarded as not having fulfilled the required duty of care.
  • Records also provide the means by which it is possible to demonstrate due diligence.Evidence of review and involvement by those responsible for directing
    work and activities are key factors in determining that a safety management system is pro-active, responsive and up-to-date.

1.4 Offences and Penalties (For example, under the Queensland Work Health & Safety Act 2011)

Penalties for a Category 1 Offence (the highest penalty – these are the most serious breaches where a duty holder recklessly endangers a person to risk of death or serious injury):

Corporation:Up to $3,000,000

Individual as a PCBU (person conducting a business undertaking) or an officer:up to $600,000/ 5 years jail

  • §Individual (e.g. worker):up to $300,000/ 5 years jail

Penalties for a Category 2 Offence (failure to comply with a health and safety duty or electrical safety duty that exposes a person to risk of death, serious injury or illness): 

Corporation: up to $1,500,000

Individual as a PCBU or an officer: up to $300,000

Individual (e.g. worker): up to $150,000.

Penalties for a Category 3 Offence (failure to comply with a health and safety duty or electrical safety duty):

Corporation: up to $500,000

Individual as a PCBU or an officer: up to $100,000

Individual e.g. worker: up to $50,000.

An on-the-spot fine also known as an infringement notice is an alternative to prosecuting alleged offenders directly through court.

Examples of offences which can be issued with a fine include (but are not limited to):

Failure to comply with an improvement notice

Failure to record a notifiable incident (for example a work-caused serious injury or illness)

allowing persons to carry out high risk work without seeing written evidence that the worker has the relevant high risk work licence

Failure to allow health and safety representative to exercise his/her powers or functions

Failure to use/wear personal protective equipment (PPE) provided by PCBU in accordance with information, training or reasonable instruction given by PCBU
(fine issued to worker)

Failure to test electrical work

Failure to ensure electrical equipment was de-energized before carrying out electrical work.

1.5WHS General Information – State & Territory

1.5.1Queensland Work Health & Safety – General Information

QLD REGULATOR:WHSQ – OFFICE OF INDUSTRIAL RELATIONS (WHSQ)

Responsible for improving work health and safety in Queensland and reducing the risk of workers being killed or injured on the job. It is WHSQ’s role to
enforce the Work Health and Safety laws

QLD LEGISLATION:

Work Health & Safety Act 2011

Work Health & Safety Amendment Act 2017

Work Health & Safety Regulations

QLD Codes of Practice

As a business owner, you must meet the WHS requirements set out in the acts and regulations in your state or territory. You may face penalties if you don’t
meet them.

Acts – give a general overview of how to make workplaces safe and healthy. They outline your legal responsibilities and duties as an employer
and business owner.

Regulations – set out the standards you need to meet for specific hazards and risks, such as noise, machinery, and manual handling. They
also set out the licenses you need for specific activities, the records you need to keep, and the reports you need to make.

Regulating agencies (also known as regulators) – administer health and safety laws. They’re responsible for inspecting workplaces, providing
advice and help, and handing out notices and penalties where necessary.

SOME KEY POINTS:

QLD – GENERAL

WHSQ is responsible for improving workplace health and safety in Queensland and to reduce the risk of workers being killed or injured on the job. The Work
Health and Safety Act 2011 provide a balanced and nationally consistent framework to secure the health and safety of workers and workplaces.

The Work Health and Safety Act 2011 (the WHS Act) provides a framework to protect the health, safety and welfare of all workers at work. It also protects
the health and safety of all other people who might be affected by the work.

The WHS Act also provides protection for the general public so that their health and safety is not placed at risk by work activities. The WHS Act (QLD)
places the primary health and safety duty on a person conducting a business or undertaking (PCBU). The PCBU must ensure, so far as is reasonably practicable,
the health and safety of workers at the workplace. Duties are also placed on officers of a PCBU, workers and other persons at a workplace.

All duties under the WHS Act are qualified by the term ‘reasonably practicable’.

QLD – CODES OF PRACTICE

A code of practice provides practical guidance for people who have work health and safety duties. These codes give guidance on:

how to achieve the standards required under the Act

effective ways to identify and manage risks

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 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 which 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. From 1 July 2018 persons
conducting a business or undertaking are required to comply with an approved code of practice under the QLD Work Health and Safety Act 2011. Alternatively,
duty holders can follow another method as long as it provides an equivalent or higher standard of work health and safety to the standard as required
by the Code

Codes of Practice provide practical guidance on how to comply with work health and safety legal obligations.

Businesses must comply with the Codes of Practice – a breach is now an offence:

Codes of Practice must revert back to the 1995 WHS laws Codes of Practice – complete compliance is now required

If a business conducts work differently to that set out in the Codes of Practice they must be able to demonstrate that the business standard meets or exceeds
the relevant Code of Practice

QLD – WORK HEALTH AND SAFETY OFFICER – WHSO

A WHSO can be appointed by a PCBU.Existing WHSO’s need to apply for a certificate of authority for an appointment as a WHSO.As of April 1, 2018, a WHSO
will need a Certificate IV in Work Health & Safety – this also applies to existing WHSO’s.WHSO’s must conduct an annual assessment of health &
safety risks in their business.

QLD – HEALTH & SAFETY REPRESENTATIVE – HSR

From 1 July 2018, HSR’s must be trained within 6 months of being elected

HSR’s must attend the Government five-day HSR training course with refreshers every three years

Existing HSR’s need to be trained

Businesses must provide the Regulator with a list of HSR’s and must provide a copy of all Penalty Improvement Notices issued by the HSR

All jurisdictions (except Western Australian and Victoria) have adopted harmonised work health and safety legislation over the past five years. Under the
Work Health and Safety Act 2011 (Cth) (‘WHSA’), recent decisions indicate courts are now more willing to impose higher range penalties for Workplace
Health and Safety (‘WHS’) breaches.

QLD – PENALTIES

Offence Corporation Officers Workers
Category 1 – Reckless Endangerment $3,000,000 $600,000 or 5 years imprisonment $300,000 or 5 years Imprisonment
Category 2 – Death or Serious Injury (without Recklessness) $1,500,000 $300,000 $150,000
Category 3 – Other Breaches $500,000 $100,000 $50,000

QLD – INDUSTRIAL MANSLAUGHTER The Queensland Government announced a best practice review of Workplace Health and Safety
Queensland in April 2017 and introduced a new criminal WHS offence of ‘negligence causing death’ in May 2017.

Effective October 2017, Industrial Manslaughter became a criminal offence in Queensland.Two types of industrial manslaughter:

Industrial manslaughter by a Person Conducting a Business or Undertaking (PCBU)

Industrial manslaughter by a senior officer – created to capture individuals who can decide and influence safety management and culture in the workplace.
It is important to be aware that Industrial Manslaughter charges can be brought even in cases where a person does not die immediately. Sentences can
include fines up to $10 million and imprisonment of up to 20 years. However, a fine is not an option for a person charged with industrial manslaughter.

1.5.2 NEW SOUTH WALES WORK HEALTH & SAFETY – GENERAL INFORMATION

REGULATOR:SAFEWORK NSW

Responsible for protecting the health, safety & welfare of all workers and others in relation to NSW workplaces and work activities. Employers have
legal obligations under NSW WHS laws.

LEGISLATION:

Work Health & Safety Act 2011 and Corporations Act 2001

Work Health & Safety Amendment Act

Work Health & Safety Regulations

NSW Codes of Practice

As a business owner, you must meet the WHS requirements set out in the acts and regulations in your state or territory. You may face penalties if you don’t
meet them.

Acts – give a general overview of how to make workplaces safe and healthy. They outline your legal responsibilities and duties as an employer
and business owner.

Regulations – set out the standards you need to meet for specific hazards and risks, such as noise, machinery, and manual handling. They
also set out the licenses you need for specific activities, the records you need to keep, and the reports you need to make.

Regulating agencies (also known as regulators) – administer health and safety laws. They’re responsible for inspecting workplaces, providing
advice and help, and handing out notices and penalties where necessary.

SOME KEY POINTS:

NSW – GENERAL

Officers, including company directors, have legal obligations to make sur7e their business complies with the WHS legislation – this applies to contractors
and any organisation engaging both volunteers and paid staff.

If there is a death, a serious injury or illness it must be reported to SafeWork NSW. The relevant WHS Acts, Amendment Acts, Regulations and Codes of Practice
exist to protect the health, safety and welfare of all workers and others in relation to NSW workplaces and work activities. The WHS Amendment Act
allowed, from the 23 March, 2018:

The recording of interviews by WHS inspectors without the consent of the person being interviewed – however, the interviewed person must be notified that
a recording is taking place

NSW regulators are able serve notice outside NSW to obtain information

NSW – CODES OF PRACTICE

Codes of Practice sets out the detailed information need to achieve the standards required under the Work Health & Safety Act 2011. Codes of Practice
are issued to help businesses – PCBU’s – understand their obligations under the Acts and Regulations to protect workers and others in relation to safety
in the workplace and workplace activities,

Codes of Practice are admissible in court hearings. Courts may regard a Code of Practice as evidence of what is known about a hazard, risk or control process
and rely upon it to determine what is ‘reasonably practicable’.

Compliance with Codes of Practice is not mandatory – however you must be able to demonstrate that another method used is of an equivalent or higher standard
of WHS compliance than that set out in the relevant Code.

NSW – HEALTH & SAFETY REPRESENTATIVES (HSR’S)

HSRs are elected to represent workers on health and safety and matters have responsibilities under WHS legislation.

It is a serious role and has powers and responsibilities under the sections 68 and 69 of the Work Health and Safety Act 2011.

An HSR and deputy HSR play a pivotal role in gathering information about what the health and safety issues are for their work group.They can work out ways
to resolve issues in consultation with PCBU representatives such as managers, supervisors as well as committees and other HSRs.

If an HSR has completed approved HSR training they can direct a worker in the work group to stop unsafe work if they reasonably believe workers would be
exposed to a serious risk to their health and safety.This stop-work direction can only be given if the issue has not been resolved by consultation,
or if the risk is so serious and immediate or imminent that it’s unreasonable to consult first.

An HSR can issue a Provisional Improvement Notice (PIN) if they reasonably believe there is a contravention of the Act.

NSW – PENALTIES

The WHS Amendment Act that came into effect 23rd March 2018 also gave the NSW Attorney General the ability to bring proceedings under the WHS Act – Category
1 (reckless conduct). These offences are indictable offences.

NSW Maximum Penalties:

Offence Corporation Officers Workers
Category 1 – Reckless Endangerment $3,000,000 $600,000 or 5 years imprisonment $300,000 or 5 years Imprisonment
Category 2 – Death or Serious Injury (without Recklessness) $1,500,000 $300,000 $150,000
Category 3 – Other Breaches $500,000 $100,000 $50,000

1.5.3 VICTORIA WORK HEALTH & SAFETY – GENERAL INFORMATION

REGULATOR:WORKSAFE VICTORIA

Responsible for protecting the health, safety & welfare of all workers and others in relation to NSW workplaces and work activities.

LEGISLATION:

Work Health & Safety Act 2011 and Corporations Act 2001

Work Health & Safety Amendment Act

Work Health & Safety Regulations

Codes of Practice

As a business owner, you must meet the WHS requirements set out in the acts and regulations in your state or territory. You may face penalties if you don’t
meet them.

Acts – give a general overview of how to make workplaces safe and healthy. They outline your legal responsibilities and duties as an employer
and business owner.

Regulations – set out the standards you need to meet for specific hazards and risks, such as noise, machinery, and manual handling. They
also set out the licenses you need for specific activities, the records you need to keep, and the reports you need to make.

Regulating agencies (also known as regulators) – administer health and safety laws. They’re responsible for inspecting workplaces, providing
advice and help, and handing out notices and penalties where necessary.

SOME KEY POINTS:

VIC – GENERAL

Officers, including company directors, have legal obligations to make sure their business complies with the WHS legislation – this applies to contractors
and any organisation engaging both volunteers and paid staff.

If there is a death, a serious injury or illness it must be reported to SafeWork NSW. The relevant WHS Acts, Amendment Acts, Regulations and Codes of Practice
exist to protect the health, safety and welfare of all workers and others in relation to NSW workplaces and work activities. The WHS Amendment Act
allowed, from the 23rd March, 2018:

The recording of interviews by WHS inspectors without the consent of the person being interviewed – however, the interviewed person must be notified that
a recording is taking place

NSW regulators are able serve notice outside NSW to obtain information

VIC – CODES OF PRACTICE

Codes of Practice provide practical guidance on how to comply with work health and safety legal obligations.

Codes of Practice sets out the detailed information need to achieve the standards required under the Work Health & Safety Act 2011. Codes of Practice
are issued to help businesses – PCBU’s – understand their obligations under the Acts and Regulations to protect workers and others in relation to safety
in the workplace and workplace activities,

Codes of Practice are admissible in court hearings. Courts may regard a Code of Practice as evidence of what is known about a hazard, risk or control process
and rely upon it to determine what is ‘reasonably practicable’.

Compliance with Codes of Practice is not mandatory – however, you must be able to demonstrate that another method used is of an equivalent or higher standard
of WHS compliance than that set out in the relevant Code.

VIC – HEALTH & SAFETY REPRESENTATIVES (HSR’s)

The OHS Act 2004 makes it easier for Victorian employers to understand their obligations in providing a safe and healthy workplace for their employees
and others.

The OHS Act demands greater cooperation and consultation amongst all parties – employers, employees and their representatives. HSR’s provide a crucial
link between employees and employers – under the OHS Act, employees are not only entitled, but should be encouraged to be represented in relation to
health and safety issues and concerns.

Under the OHS Act, the duty to consult came into effect on the 1st January 2006 – employee representation can be:

Health & Safety Representatives (HSR’s)

Designated Work Groups (DWG’s)

Health and Safety Committees (HSC’s)

The provisions in the OHS Act establishing the duty to consult recognise the key role HSR’s play in representing, communicating and initiating health and
safety issues and concerns in the workplace.

VIC – FINES AND PENALTIES FOR BREACHES

Victoria’s OHS legislation includes a number of options for enforcement, including:

Provisional PIN Notices issued by an HSR

On the spot fines issued by Worksafe Victoria inspectors

Prosecutions that could result in heavy fines or other penalties

The OHS act provides for the following maximum penalties:

Corporations $3,171,400

Individuals $285,426

Reckless Endangerment – Section 32 of the OHS Act also provides for jail sentences for reckless endangerment. This is where a person recklessly engages
in conduct that places or may place another person who is at a workplace in danger of serious injury. This offence is punishable by up to the maximum
fine and/or 5 years imprisonment

1.5.4 SOUTH AUSTRALIA WORK HEALTH & SAFETY – GENERAL INFORMATION

REGULATOR:SAFE WORK SA

South Australia’s work health and safety laws align with NSW, Queensland, Tasmania, the ACT and the Northern Territory

LEGISLATION:

Work Health & Safety Act 2012

Work Health & Safety Regulations 2012

Codes of Practice

As a business owner, you must meet the WHS requirements set out in the acts and regulations in your state or territory.You may face penalties if you don’t
meet them.

Acts – give a general overview of how to make workplaces safe and healthy.They outline your legal responsibilities and duties as an employer
and business owner.

Regulations – set out the standards you need to meet for specific hazards and risks, such as noise, machinery, and manual handling.They
also set out the licenses you need for specific activities, the records you need to keep, and the reports you need to make.

Regulating agencies (also known as regulators) – administer health and safety laws.They’re responsible for inspecting workplaces, providing
advice and help, and handing out notices and penalties where necessary.

SOME KEY POINTS:

SA -GENERAL

Work health and safety (WHS) laws require employers and all other workplace parties to consult and cooperate in the management of workplace risks, in order
to protect the health and safety of workers and others who might be at risk from the work.

While health and safety requirements are now largely consistent across the country, SA’s WHS legislation has a number of variations from the model WHS
laws, so SA-specific legislation should be checked for details.

The WHS Act 2012 has broadened the range of people who have a duty of care.In addition to employers and other ‘persons conducting a business or undertaking’
(PCBUs), duties to manage risks are imposed on all parties who are in a position to contribute to the successful management of workplace risks, including
designers, manufacturers, importers and suppliers of equipment and substances; and people who install, construct or commission plant or structures.

Duty-holders must, as far as is reasonably practicable, eliminate (or failing that, minimise) risks to health and safety arising from the work.A PCBU must
eliminate or minimise health and safety risks at the workplace so far as is reasonably practicable, to ensure the safety of all workers (employees,
contractors and any others whose work is influenced or directed by the PCBU), customers and others who may be affected by the work, including visitors.

SA – CODES OF PRACTICE

Codes of Practice sets out the detailed information need to achieve the standards required under the Work Health & Safety Act 2011.Codes of Practice
are issued to help businesses – PCBU’s – understand their obligations under the Acts and Regulations to protect workers and others in relation to safety
in the workplace and workplace activities.

Codes of Practice are admissible in court hearings. Courts may regard a Code of Practice as evidence of what is known about a hazard, risk or control process
and rely upon it to determine what is ‘reasonably practicable’.

Compliance with Codes of Practice is not mandatory – however, you must be able to demonstrate that another method used is of an equivalent or higher standard
of WHS compliance than that set out in the relevant Code.

SA – HEALTH & SAFETY REPRESENTATIVES (HSR’s)

SA’s legislation differs from the model laws in that the duty to manage WHS risks only applies to the extent the person has the capacity to influence and
control the matter. I t entitles HSRs to three and two days’ training during the second and third year in the role; varies the powers of WHS entry
permit holders; retains the privilege against self-incrimination during WHS investigations; requires safe work method statements to address risks of
a person falling more than three metres; and extends air monitoring requirements for asbestos removal work until 1 January 2017.

PCBU’s must genuinely consult with workers and their representatives, including HSR’s, before any changes or decisions are made that may affect their health
and safety.Consultation should take place during both the initial planning and implementation phases so that everyone’s experience and expertise can
be taken into consideration.As well as workers and HSR’s, consultation should include everyone else at the workplace that are, or are likely to be,
directly affected.This includes contractors, subcontractors, labour hire workers, apprentices, work experience staff and volunteers.

SA – FINES AND PENALTIES FOR BREACHES

South Australia’s OHS legislation includes a number of options for enforcement, including:

Provisional PIN Notices issued by an HSR

On the spot fines issued by SafeWork SA inspectors

Prosecutions that could result in heavy fines or other penalties

The OHS act provides for the following maximum penalties:

Reckless Endangerment – Section 32 of the OHS Act also provides for jail sentences for reckless endangerment. This is where a person recklessly engages
in conduct that places or may place another person who is at a workplace in danger of serious injury. This offence is punishable by up to the maximum
fine and/or 5 years imprisonment

Offence Corporation Officers Workers
Category 1 – Reckless Endangerment $3,000,000 $600,000 and / or 5 years imprisonment $300,000 and / or 5 years imprisonment
Category 2 – Death or Serious Injury (without Recklessness) $1,500,000 $300,000 $150,000
Category 3 – Other Breaches $500,000 $100,000 $50,000

In addition to fines, courts can impose non-monetary sanctions on offenders.These include requiring them to publicise the offence (e.g. in annual reports)
or notify specified persons of the offence, its consequences, and the penalties imposed.Alternatively, they may be required to undertake projects to remedy
problems caused by their offence, or to improve WHS generally.The courts can also impose court-ordered WHS undertakings, injunctions and training orders.

1.5.5 WESTERN AUSTRALIA WORK HEALTH & SAFETY – GENERAL INFORMATION

REGULATOR:WORKSAFE WA

LEGISLATION:

Occupational Health & Safety Act 1984

Occupational Health & Safety Regulations 1996

Codes of Practice – WA Codes of Practice

Work health and safety (WHS) laws require employers and all other workplace parties to consult and cooperate in the management of workplace risks, in order
to protect the health and safety of workers and others who might be at risk from the work.

Acts – give a general overview of how to make workplaces safe and healthy. They outline your legal responsibilities and duties as an employer
and business owner.

Regulations – set out the standards you need to meet for specific hazards and risks, such as noise, machinery, and manual handling. They
also set out the licenses you need for specific activities, the records you need to keep, and the reports you need to make.

Regulating agencies (also known as regulators) – administer health and safety laws. They’re responsible for inspecting workplaces, providing
advice and help, and handing out notices and penalties where necessary.

SOME KEY POINTS:

WA – GENERAL

The OSH Act 1984 imposes duties on a range of workplace parties, including employers; employees; self-employed persons; persons who have control of workplaces;
designers of any plant, building or structure for use at workplaces; manufacturers, importers and suppliers of plant or substance for use at workplaces;
and people who install or erect plant, or construct any building or structure.

Duty-holders must ensure, as far as is practicable, that they are not exposing people to health and safety risks arising from the work.

Employers must, so far as is practicable, provide and maintain a working environment in which the employees are not exposed to hazards.The OSH Act spells
out employers’ duties to provide and maintain proper workplaces, plant, and systems of work; give employees adequate information, instruction, training
and supervision; consult and cooperate with employees and their representatives; and provide employees with protection against hazards, including those
arising from plant or substances.

WA – CODES OF PRACTICE

WA Codes of Practice provide guidance for employers, contractors, people in control of workplaces and workers on the management of safety and health hazards
and risks associated with an issue and some of the relevant requirements under the legislation.

It is not possible for a code to address every situation and all the risks that might be found at a workplace.The OSH Act requires identification and assessment
of these other situations and risks and implementation of control measures to prevent or minimise injury or harm.This comes under the general ‘duty
of care’ in the OSH Act to ensure workers are not exposed to hazards and provide a safe system of work, as far as practicable.

As a general rule, the practical guidance in a code should be considered in conjunction with the general ‘duty of care’, under the OSH Act.

WA – HEALTH & SAFETY REPRESENTATIVES (SHSR’s)

On request, employers must facilitate representation of employees through safety and health representatives (SHRs) and/or a safety and health committee.

Employers must consult and cooperate with SHRs (if any) and other employees regarding OSH at the workplace.Consultation must be two-way and involve sharing
of information, giving employees a reasonable opportunity to express their views and taking employees’ views into account when coming to a decision
about an OSH matter.

WA – FINES AND PENALTIES FOR BREACHES

Individuals and corporations convicted of breaching WA’s current OSH legislation are liable to fines; and for the most serious offences, imprisonment as
well.

Western Australia’s OHS legislation includes a number of options for enforcement, including:

Provisional PIN Notices issued by an HSR

On the spot fines issued by SafeWork SA inspectors

Prosecutions that could result in heavy fines or other penalties

Levels of penalties range from level 1 to level 4, depending on the degree of seriousness and culpability.

Category of Offence For Employee For other Individuals For Corporation
Level 1 $5,000 first offence, $6,250 each subsequent $25,000 first offence, $31,250 each subsequent $50,000 first offence, $62,050 each subsequent
Level 2 $100,000 first offence, $125,000 each subsequent $100,000 first offence, $125,000 each subsequent $200,000 first offence, $250,000 each subsequent
Level 3 $200,000 first offence, $250,000 each subsequent $200,000 first offence, $250,000 each subsequent $400,000 first offence, $500,000 each subsequent
Level 4 $250,000 first offence plus 2 years imprisonment, $312,500 each subsequent plus 2 years imprisonment $250,000 first offence plus 2 years imprisonment, $312,500 each subsequent plus 2 years imprisonment $500,000 first offence, $625,000 each subsequent

Lower levels of fines are prescribed for offences against the OSH Regulations.

1.5.6 TASMANIA WORK HEALTH & SAFETY – GENERAL INFORMATION

REGULATOR:WORKSAFE TASMANIA

LEGISLATION:

Work Health & Safety Act 2012 (TAS)

Work Health & Safety Regulations 2012 (TAS)

Codes of Practice – TAS Codes of Practice

Acts – give a general overview of how to make workplaces safe and healthy. They outline your legal responsibilities and duties as an employer
and business owner.

Regulations – set out the standards you need to meet for specific hazards and risks, such as noise, machinery, and manual handling. They
also set out the licenses you need for specific activities, the records you need to keep, and the reports you need to make.

Regulating agencies (also known as regulators) – administer health and safety laws. They’re responsible for inspecting workplaces, providing
advice and help, and handing out notices and penalties where necessary.

SOME KEY POINTS:

TAS – GENERAL

Work health and safety (WHS) laws require employers and all other workplace parties to consult and cooperate in the management of workplace risks, in order
to protect the health and safety of workers and others who might be at risk from the work.

The WHS Act 2012 has broadened the range of people who have a duty of care. In addition to employers and other ‘persons conducting a business or undertaking’
(PCBUs), duties to manage risks are imposed on all parties who are in a position to contribute to the successful management of workplace risks, including
designers, manufacturers, importers and suppliers of equipment and substances; and people who install, construct or commission plant or structures.Duty-holders
must, as far as is reasonably practicable, eliminate (or failing that, minimise) risks to health and safety arising from the work.

TAS – CODES OF PRACTICE

A code of practice provides detailed information on how you can achieve the standards required under the work health and safety laws.These do not replace
these laws, but codes of practice can help you understand what you need to do to comply with specific regulations and to provide and safe and healthy
workplace.

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 Act.

Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks which 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.

The Codes, dependent on the subject matter, offer guidance and may include information on:

the scope and application of the code

health and safety duties in relation to the code

managing associated risks

how to consult workers

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

Many of the Codes include checklists and risk assessment sheets

TAS – HEALTH & SAFETY REPRESENTATIVES (HSR’s)

Under WHS laws, a person conducting a business or undertaking (PCBU) must consult, so far as is reasonably practicable, with workers likely to be affected
by a health or safety matter. Note that the definitions of ‘PCBU’ and ‘worker’ are broader than ’employers’ and ’employees’.Employers as well as others
such as principal contractors and franchisees are all PCBUs.

Similarly, the term ‘workers’ is not limited to employees, but includes others who carry out work in any capacity for the PCBU, such as contractors, sub-contractors
and their employees, labour hire workers, volunteers, and work experience students.

Consultation’ means sharing relevant information with workers, giving them a reasonable opportunity to express their views, taking those views into account
when making decisions, advising them of decisions, and including the health and safety representatives (HSRs) or health and safety committee in the
process where they exist at a workplace.

PCBUs must consult when identifying hazards, assessing risks and making decisions about how to deal with them.It is also required when making decisions
about WHS procedures or facilities for workers’ welfare or proposing changes that may affect health or safety.

TAS – FINES AND PENALTIES FOR BREACHES

In Tasmania, prosecutions are usually initiated by the WHS regulator, but a person may ask the regulator to start a prosecution if they believe a more
serious (category 1 or 2) offence has occurred and the regulator has not started a prosecution within six months.If the regulator declines to prosecute,
the person may ask the regulator to refer the matter to the Director of Public Prosecutions (DPP), who must consider the matter and advise the regulator.If
the regulator declines to follow the advice of the DPP to bring proceedings, the regulator must give written reasons for the decision to the person
who made the request.

Tasmania’s WHS legislation includes a number of options for enforcement, including:

Provisional PIN Notices issued by an HSR

On the spot fines issued by SafeWork SA inspectors

Prosecutions that could result in heavy fines or other penalties

The WHS Act provides for the following maximum penalties:

Category of Offence For Corporations For Officers For Individual Workers or Others
Category 1 – Reckless Endangerment $3,000,000 $600,000 and / or 5 years imprisonment $300,000 and / or 5 years imprisonment
Category 2 – Death or Serious Injury (without Recklessness) $100,000 first offence, $125,000 each subsequent $100,000 first offence, $125,000 each subsequent $200,000 first offence, $250,000 each subsequent
Category 3 – Other Breaches $200,000 first offence, $250,000 each subsequent $200,000 first offence, $250,000 each subsequent $400,000 first offence, $500,000 each subsequent

 1.5.7 AUSTRALIAN CAPITAL TERRITORY WORK HEALTH & SAFETY – GENERAL INFORMATION

ACT REGULATOR:WORKSAFE ACT

ACT LEGISLATION:

Work Health & Safety Act 2011 (ACT)

Work Health & Safety Regulations 2011 (ACT)

Codes of Practice – ACT Codes of Practice

Acts – give a general overview of how to make workplaces safe and healthy.They outline your legal responsibilities and duties as an employer
and business owner.

Regulations – set out the standards you need to meet for specific hazards and risks, such as noise, machinery, and manual handling.They
also set out the licenses you need for specific activities, the records you need to keep, and the reports you need to make.

Regulating agencies (also known as regulators) – administer health and safety laws.They’re responsible for inspecting workplaces, providing
advice and help, and handing out notices and penalties where necessary.

SOME KEY POINTS:

ACT – GENERAL

Work health and safety (WHS) laws require employers and all other workplace parties to consult and cooperate in the management of workplace risks, in order
to protect the health and safety of workers and others who might be at risk from the work.

The principal WHS law in the Australian Capital Territory (ACT) consists of the Work Health and Safety Act 2011 (ACT), supported by the Work Health and
Safety Regulation 2011 (ACT).This legislation, which took effect on 1 January 2012, is based on the national model WHS legislation developed by Safe
Work Australia in consultation with the states and territories.It applies in all ACT workplaces (except where personnel are employed by the Commonwealth
government and are therefore covered by Commonwealth WHS legislation).

While health and safety requirements are now largely consistent across the country, there is still some variation from one jurisdiction to another, so
ACT-specific legislation should always be checked for details.

The legislation is supported by codes of practice that provide guidance in achieving the required standard of health and safety.

ACT – CODES OF PRACTICE

A code of practice provides detailed information on how you can achieve the standards required under the work health and safety laws.These do not replace
these laws, but codes of practice can help you understand what you need to do to comply with specific regulations and to provide and safe and healthy
workplace.

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 Act.

Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks which 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.

The Codes, dependent on the subject matter, offer guidance and may include information on:

the scope and application of the code

health and safety duties in relation to the code

managing associated risks

how to consult workers

consulting, co-operating and co-ordinating activities with other duty holders.

Many of the Codes include checklists and risk assessment sheets

ACT – HEALTH & SAFETY REPRESENTATIVES (HSR’s)

Health and safety representatives (HSRs) aim to ensure that workers’ views are heard on WHS matters.One of the objects of the Work Health and Safety Act
2011 is the provision of fair and effective workplace representation, consultation, co-operation and issue resolution in relation to work health and
safety.

Worker representation provides a means for facilitating consultation, involving workers and giving them a voice in health and safety matters.The Work Health
and Safety Act 2011 recognises that workplaces have better health and safety outcomes when workers have input before decisions are made about health
and safety matters that affect them.

A person in control of a business or undertaking must consult, so far as is reasonably practicable, with workers who carry out work for the business or
undertaking and who are, or are likely to be, directly affected by a work health or safety matter.A person works for a person in control of a business
or undertaking if they carry out work for the business or undertaking including employees, contractors, subcontractors, labour hire workers and volunteers.

Consultation requires a person in control of a business or undertaking to share information with the workers and give them a reasonable opportunity to
contribute information and express their views.The person in control of a business or undertaking must consider the views expressed by workers’ before
making a decision and the person in control of a business or undertaking must also advise workers of the outcome of the consultation.

ACT – FINES AND PENALTIES FOR BREACHES

Breach of WHS laws can have a range of consequences, including on-the-spot fines (infringement notices), improvement or prohibition notices from inspectors;
prosecutions; heavy fines; imprisonment; enforceable undertakings and other non-monetary sanctions.

In the ACT, prosecutions are usually initiated by the WHS regulator, but a person may ask the regulator to start a prosecution if they believe a more serious
(category 1 or 2) offence has occurred and the regulator has not started a prosecution within six months.If the regulator declines to prosecute, the
person may ask the regulator to refer the matter to the Director of Public Prosecutions (DPP), who must consider the matter and advise the regulator.If
the regulator declines to follow the advice of the DPP to bring proceedings, the regulator must give written reasons for the decision to the person
who made the request

The ACT WHS Act provides for the following maximum penalties:

Category of Offence For Corporations For Officers For Individual Workers or Others
Category 1 – Reckless Endangerment $3,000,000 $600,000 and / or 5 years imprisonment $300,000 and / or 5 years imprisonment
Category 2 – Death or Serious Injury (without Recklessness) $1,500,000 $300,000 $150,000
Category 3 – Other Breaches $500,000 $100,000 $50,000

1.5.8 NORTHERN TERRITORY WORK HEALTH & SAFETY – GENERAL INFORMATION

NT REGULATOR:NT WORKSAFE

NT LEGISLATION:

Work Health & Safety Act 2011 (ACT)(National Uniform Legislation) Act 2011 (NT)

Work Health & Safety (National Uniform Legislation) Regulations NT

Codes of Practice – NT Codes of Practice

Acts – give a general overview of how to make workplaces safe and healthy.They outline your legal responsibilities and duties as an employer
and business owner.

Regulations – set out the standards you need to meet for specific hazards and risks, such as noise, machinery, and manual handling.They
also set out the licenses you need for specific activities, the records you need to keep, and the reports you need to make.

Regulating agencies (also known as regulators) – administer health and safety laws. They’re responsible for inspecting workplaces, providing
advice and help, and handing out notices and penalties where necessary.

SOME KEY POINTS:

NT – GENERAL

Work health and safety (WHS) laws require employers and all other workplace parties to consult and cooperate in the management of workplace risks, in order
to protect the health and safety of workers and others who might be at risk from the work.

The principal WHS law in the Northern Territory consists of the Work Health and Safety (National Uniform Legislation) Act, supported by the Work Health
and Safety (National Uniform Legislation) Regulations.This legislation, which took effect on 1 January 2012, is based on the national model WHS legislation
developed by Safe Work Australia in consultation with the states and territories.It applies in all NT workplaces, except where personnel are employed
by the Commonwealth government and are therefore covered by Commonwealth WHS legislation.

While health and safety requirements are now largely consistent across the country, there is still some variation from one jurisdiction to another, so
NT-specific legislation should be checked for details.

The WHS Act and Regulations are supported by Codes of Practice that provide guidance in achieving the required standard of health and safety.

NT – CODES OF PRACTICE

A code of practice is a practical guide on how to comply with the legal duties under the Work Health and Safety (National Uniform Legislation) Act and
Regulations – the WHS (NUL) Act and Regulations. Codes of practice have a special status because a code that has been approved in the Northern Territory
is automatically admissible as evidence in court proceedings under the WHS Act and Regulations.

Courts may regard an approved 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.

Codes of Practice:

deals with a duty or obligation under the WHS (NUL) Act or Regulations

includes known information about particular hazards, risks and control measures

helps in determining what is reasonably practicable in the circumstances

can be supplemented with other types of guidance material.

NT – HEALTH & SAFETY REPRESENTATIVES (HSR’s)

Health and safety representatives (HSRs) are important in the workplace. Worker representation provides a means for facilitating consultation, involving
workers and giving them a voice in health and safety matters.The Work Health and Safety (National Uniform Legislation) Act recognises that workplaces
have better health and safety outcomes when workers have input before decisions are made about health and safety matters that affect them.

HSRs facilitate the flow of information about health and safety between the business and the workers.

They monitor the health and safety actions taken by the business (or other PCBU), investigate workers’ complaints and look into anything that might be
a risk to the health and safety of the workers they represent.

If an HSR has completed approved HSR training they can also direct unsafe work to stop when they have a reasonable concern that carrying out the work would
expose a worker to a serious risk.

HSRs can also issue a ‘Provisional improvement notice’ (PIN) when they reasonably believe there is a contravention of the Act.

NT – FINES AND PENALTIES FOR BREACHES

In the NT, prosecutions are usually initiated by the WHS regulator, but a person may ask the regulator to start a prosecution if they believe a more serious
(category 1 or 2) offence has occurred and the regulator has not started a prosecution within six months.If the regulator declines to prosecute, the
regulator must give written reasons for the decision to the person who made the request.

The NT WHS Act provides for the following maximum penalties:

Category of Offence For Corporations For Officers For Individual Workers or Others
Level 1 – Reckless Endangerment $3,000,000 $600,000 and / or 5 years imprisonment $300,000 and / or 5 years imprisonment
Level 2 – Death or Serious Injury (without Recklessness) $1,500,000 $300,000 $150,000
Level 3 – Other Breaches $500,000 $100,000 $50,000

2.Work Health and Safety policy

2.1 Objective

We are committed to providing, promoting and maintaining a workplace for both employees, contractors, volunteers and visitors that eliminates where practical
or minimises risks to their health, safety and welfare.

This policy sets out our commitment to a WHS Policy ensuring a safe and healthy workplace for our workers and others who are affected by workplace activities.We
understand that to be effective, the Work Health and Safety Management System (“WHSMS”) requires participation and support from all members of the
organisation.

2.2 Scope

This policy applies to all staff, contractors, volunteers, clients and visitors.

2.3 Policy Statement

We have a legal obligation to protect all employees, contractors, volunteers, clients and visitors from risk of injury or illness, so far as is practicable,
in the working environment and will therefore maintain an effective Workplace Health and Safety Program.

We are committed to providing adequate resources in terms of personnel, time, technology and financial outlay to maintain a safe working environment for
the health, safety and welfare of our staff, sub-contractors, visitors, volunteers, clients who may be affected by the manner in which we undertake
our business. To this end, we have developed and implemented this WHSMS to enable our organisation to:

Address health and safety legislation in the relevant jurisdictions, and any relevant industry and Australian Standards and Codes of Practice.

Clearly define responsibilities, authorities and accountabilities at all levels.

Identify hazards; assess risks and eliminate or control risks.

Properly provide, store and maintain equipment, plant and substances.

Consult with and foster co-operation between management, sub-contractors and employees.

Provide any information, instruction, training and/or supervision as may be necessary for the safety ofall persons, including visitors and sub-contractors.

Provide and maintain safe work systems, procedures and processes aimed at hazard control/elimination and illness and injury prevention.

Provide and maintain workplaces, including appropriate welfare requirements.

Provide on-going monitoring and review of our measurable objectives and targets, to measure our WHS performance.

Conduct audits to monitor, review and continuously improve the WHSMS.

Plan and supervise the return to work of injured workers to pre-injury duties as an expectation.

Promote policy by publicising our commitment to occupational health and safety and injury management.

Review WHSMS policies every two years. All WHSMS policies will be signed and dated by the principal of the business. Any organisational change (e.g. new
General Manager) will generate an immediate review of the policy. Reviews will also be triggered by any relevant changes in legislation.

We will comply with the spirit and intent of relevant legislation, statutory requirements, and codes of practice, regulations and industry standards and
will make adequate provision of resources to meet these requirements.

Management of workplace health and safety is an integral part of our overall management responsibilities.Managers at all levels have the authority and
responsibility for the health and safety performance in their areas of control.

All employees have an obligation to be committed to the Workplace Health and Safety Program and the elimination or control of workplace hazards.Each individual
is personally responsible for working in a healthy and safe manner, following safety instructions, regulations and participating in safety training.

We will not knowingly demand or expect any person to participate in an activity, which is likely to be detrimental to their health.

2.4 Guidelines

1.We have documented procedures for managing emergencies and the evacuation of any buildings we occupy.

2.All new employees will complete a Workplace Health and Safety Induction Training Program including assessment within their first week of employment.

3.All employees must report injuries, accidents, hazards and other health and safety issues within the workplace immediately to the Operations Manager.

4.All employees must comply with statutory requirements, standard work practices, and codes of practice and Australian and our standards.

5.If staff numbers require it, a Workplace Health and Safety committee consisting of at least 2 Fire Wardens, a qualified Workplace Health and Safety Officer
and Workplace Rehabilitation Officer will meet every 4 months to ensure compliance and monitor, and remedy issues.

6.Minutes will be taken at each meeting and forwarded to management for review.

7.Team Members will be kept informed of Workplace Health and Safety issues at company meetings.

8.All employees are required to sign the Sign In/Out Register on arrival and departure, which is also used for security and fire safety purposes.

9.All visitors are required to sign the Visitor Register on arrival and departure. The register is used for security and fire safety purposes.

10.Employees are responsible for the safety of visitors, and contractors in their section, in the event of evacuation.

2.5 Breach of Policy

A breach of this policy, either intended or unintended, will be considered serious and may lead to disciplinary action including termination of employment
or cancellation of contract.

Signature: Position:
Name: Date: _______ / _______ / _________

3.Responsibility for Work Health and Safety

3.1Overview

The Work Health & Safety Act 2011, relevant State Work Health and Safety Acts, Regulations and Codes of Practice sets out the general requirements
for protecting health and safety in the workplace.

The legislation imposes a specific duty on officers of corporations and unincorporated bodies (such as clubs and associations) as well as on Persons Conducting
a Business or Undertaking (“PCBU’s”) to exercise due diligence to ensure that work health and safety obligations are met.This duty requires officers
etc. to be proactive in ensuring compliance with safety responsibilities and duties.

An officer etc. has a duty to exercise due diligence to ensure that their organisation complies with these laws.An officer can be found guilty of an offence
regardless of whether the organisation has been found guilty.

The WHS Act and Regulations require persons who have a duty to ensure health and safety to ‘manage risks’ by eliminating health and safety risks so far
as is reasonably practicable, and if it is not reasonably practicable to do so, to minimise those risks so far as is reasonably practicable.

Deciding what is ‘reasonably practicable’ to protect people from harm requires taking into account and weighing up all relevant matters,
including:

  • The likelihood of the hazard or risk concerned occurring
  • The degree of harm that might result from the hazard or risk
  • Knowledge about the hazard or risk, and ways of eliminating or minimising the risk
  • The availability and suitability of ways to eliminate or minimise the risk, and
  • After assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating
    or minimising the risk, including whether the cost is grossly disproportionate to the risk.

The process of managing risk described in this manual may help you decide what is reasonably practicable in particular situations so that you can meet
your duty of care under the WHS laws.

In demonstrating due diligence, officers etc. will need to show that they have taken reasonable steps to complete all of the following:

  • Acquire and update their knowledge of health and safety matters
  • Understand the operations being carried out by the person conducting the business or undertaking in which they are employed, and the hazards and risks
    associated with the operations
  • Gain an understanding of the hazards and risks associated with the operations of the business or undertaking
  • Ensure that the person conducting the business or undertaking has, and uses, appropriate resources and processes to eliminate health and safety risks
    arising from work being done
  • Ensure that the person conducting the business or undertaking has appropriate processes in place to receive and respond to information regarding incidents,
    hazards and risks
  • Ensure that the person conducting the business or undertaking has, and uses, processes for complying with duties and obligations under the relevant
    WHS legislation

Under WHS legislation, workers include:

  • An employee
  • A contractor or subcontractor
  • An employee of a contractor or subcontractor
  • An employee of a labour hire company who has been assigned to work in the person’s business or undertaking
  • An outworker
  • An apprentice or trainee
  • A volunteer

Safety is everyone’s responsibility.Workplace communication and consultation is the law.

Communication: is about being kept informed of safety issues at work – such things as hazards, changes to the workplace or the way you
need to work – regulations that may affect the way you work.

Consultation: is about being asked or included in how decisions are made involving your workplace safety. If you are not consulted, another
employee who can represent you may be consulted and will tell you about it.

Managers:each manager is required to ensure that this Work Health and Safety policy and the WHS program is developed and effectively implemented
in their areas of control, and to support supervisors and hold them accountable for their specific responsibilities.

Supervisors: each supervisor is responsible, and will be held accountable, for taking all practical measures to ensure that in the area
of their control, the WHS program is complied with and employees are supervised and trained to meet their requirements under the program. Supervisors
are to ensure workers are consulted in issues which affect their health and safety and any concerns they have are referred to management.

Employees: all employees are required to co-operate with the Work Health and Safety policy and program to ensure their own health and
safety and the health and safety of others in the workplace

Contractors and Sub-contractors:all contractors and sub-contractors engaged to perform work for this business are required, as part of
their contract, to comply with the WHS policies, procedures and programs of this business, and to observe directions on health and safety from designated
officers of this business.Failure to comply or observe a direction will be considered a breach of the contract and sufficient grounds for termination
of the contract.

Your Supervisor or another nominated person is your contact for communication and consultation regarding your safety at work. If you
do not know who your nominated person is, ASK your Supervisor or Manager.

Legislation makes it clear that everyone who may affect health or safety at work has a part to play in protecting it. This includes employers, employees
and their representatives, manufacturers and suppliers of machinery, equipment or substances used at work.

3.2 Employer’s Duties / Responsibilities

Every employer has a duty of care to each employee to “ensure so far as is reasonably practicable that the employee is, while at work, safe from injury and risks to health”. This is a wide-ranging responsibility that involves taking action to control risks associated with hazards in the workplace.

In determining what are reasonably practicable, employers must take into account the knowledge about the hazard, severity of the risk and the availability
and suitability of ways to remove or reduce the hazard, and the cost of taking such action.

In particular, employers must, so far as is reasonably practicable:

  • Provide and maintain a safe working environment and safe systems of work
  • Provide and maintain machinery, equipment, appliances, implements, tools and substances in a safe condition
  • Provide adequate facilities such as toilets, meal areas and first aid services
  • Provide information, instruction, training and supervision as are necessary to ensure that each employee is safe from injury and risks to health
  • Monitor working conditions at any workplace that is under the employer’s management control
  • Monitor the health, safety and welfare of employees in so far that it is relevant to the prevention of work-related injuries

Keep records of work-related injuries of employees

Advise employees where they can go with enquiries or complaints about health and safety issues

Provide information to employees, in appropriate languages, about health and safety in the workplace

  • Ensure employees receive proper information, instruction and training before commencing any new work
  • Ensure employees who are inexperienced in the performance of any hazardous work receive the necessary supervision
  • Ensure employees who may be put at risk by changes in the workplace, work practices, processes or plant are given proper information, instruction and
    training before the change occurs, and receive the necessary supervision
  • Provide managers and supervisors with information, instruction and training to ensure employees under their management or supervision are safe from
    injuries and risks to health
  • Ensure any accommodation, eating, recreational or other facility provided for the benefit of employees while at work, or in connection with the performance
    of work, is maintained in a safe and healthy condition.

Every employer must prepare policies that set down the arrangements for protecting the health and safety of employees while they are at work.Employers
must also consult employees and their representatives about health and safety.

Managers are required to understand their responsibilities under health and safety legislation and be aware of the hazards specific to their organisation.Management
must be committed to and held accountable for providing a healthy and safe workplace.

3.3 Employees Duties / Responsibilities

Employees must take reasonable care to protect their own health and safety, and the health and safety of others that may be affected by their actions or
omissions at work.

Employees’ responsibility for health and safety only extends to things that they have control over. However, they must cooperate with their employer in
ensuring health and safety in the workplace.

In particular, employees must:

Use equipment provided to protect health and safety

Follow reasonable instructions the employer gives on health and safety

Ensure they are not so affected by alcohol or drugs to endanger their own or any other persons’ health and safety.

  • Actively participating in health and safety means taking positive steps to have health and safety problems resolved. If employees believe work is unsafe,
    health and safety instructions are unreasonable or arrangements intended to protect health and safety are not effective, they should report these
    problems and take appropriate action to protect themselves.

Employees should not ignore health and safety instructions or carry on working in unsafe conditions.

Workers must:

  • Be informed of the contents of, and their obligations under, this Manual through an induction process
  • Maintain a solid working knowledge of the Manual
  • Comply with instructions in respect to health and safety given by Management
  • Ensure their own health and safety and that of children and others affected by employees action at work
  • Not wilfully interfere with or misuse items or facilities provided in the interests of health and safety at work
  • Immediately report incidents and accidents to their nominated Manager/Supervisor
  • Identify and report potential and actual hazards
  • Discuss WHS issues at staff meetings and document these discussions; and
  • Report on WHS issues to Management

A risk management process should be undertaken:

  • Now, if it has not been done before 
  • After a change occurs or is introduced (for example, changes to work procedures) 
  • After an incident or “near miss” 
  • At regular times scheduled according to the level of workplace risk. 

Communication and consultation with workers throughout the risk management process, and on an ongoing basis, is a valuable step to ensuring a thorough and effective health and safety management system.

4. Hazard Identification | Risk Assessment | Risk Management

4.1 Overview

Everyone has a responsibility to identify hazards, report hazards and to participate in eliminating or minimising hazards when requested.

It is essential to ensure that all hazards are identified, the risks assessed, and effective control measures are developed and implemented. This approach
is a fundamental principle of the Act, Regulations and Approved Codes of Practice.

Risk management is an important way to protect your workers and your business, while at the same time complying with the law. It helps you to focus on
the risks that really matter in your workplace – the ones with the potential to cause real harm.

In many instances, straightforward measures can readily control risks.For example, ensuring spillages are cleaned up promptly will reduce the likelihood
of people slipping, just as keeping cupboard drawers closed, or taping down cords on the floor, can help to ensure people do not trip over unnecessary
hazards.

The law does not expect you to eliminate all risks – that is not always achievable, no matter how desirable it might be – but you are required to protect
your workers as far as is reasonably practicable.Risk management is one of the tools available to you to achieve that.

Sensible risk management is about:

Ensuring that workers and the public are properly protected

Providing overall benefit to the community by balancing benefits and risks, with a focus on reducing real risks – both those which arise more often and
those with serious consequences

Enabling innovation and learning, not stifling them

Ensuring that those who create risks manage them responsibly and understand that failure to manage real risks responsibly is likely to lead to robust action

Enabling individuals to understand that as well as the right to protection, they also have to exercise responsibility.

Sensible risk management is not about:

Creating a totally risk free community

Generating useless paperwork mountains

Scaring people by exaggerating or publicising trivial risks

Stopping important recreational and learning activities for individuals where the risks are managed

Reducing protection of people from risks that cause real harm and suffering.

Risk Management is a logical, systematic method of managing the uncertainty relating to potential risks, rather than responding to injury, incident or
damage.

4.2 Defining Risks and Hazards

Hazard: Hazard is a situation that has the potential to harm a person. Hazards at work may include: noisy machinery,
a moving forklift, chemicals, electricity, working at heights, a repetitive job, bullying and violence at the workplace.

Risk: A risk is the possibility that the harm (i.e. death, an injury or an illness) might occur when exposed to a hazard.

For example, a worker is using a petrol-operated pump in a confined space, such as a well.In this situation, carbon monoxide is a hazard.The associated
risk is the likelihood that the worker might suffer carbon monoxide poisoning while working in the confined space while using the pump.

Risk control means taking action to eliminate health and safety risks so far as is reasonably practicable, and if that is not possible,
minimising the risks so far as is reasonably practicable.Eliminating a hazard will also eliminate any risks associated with that hazard.

In carrying out this process it is important to document and retain records of your assessment in the area where the hazards occur e.g.
plant, hazardous substances, manual handling. The documentation process should include:

i.Completing a Hazard Report Form

ii.Assessing and prioritising any risks using the Risk Management Matrix

iii.Completing a Risk Assessment Form

iv.Re-visiting and updating the Risk Assessment Form once reviews and controls have been done.

4.3 Steps to Risk Management

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 steps as set out below:

Risk management has four main stages:

  • Hazard and Associated Risk Identification
  • Risk Assessment
  • Risk Control
  • Monitor and Review of Risk Control Measures

In many cases, in the early phase of identifying risk we may in fact be looking to identify all the risks associated with a particular activity or process,
in which case the activity is more properly referred to as hazard identification, risk assessment and then risk control.

4.3.1 Identify Hazards and Associated Risks

Some hazards may be more obvious than others because they are common and well known in a particular industry. Others may be more difficult to identify.
It is important to work closely with workers and look at every task in the workplace to help identify all potential hazards.

Workplace records on incidents, near misses, health monitoring and the results of inspections can also help identify hazards. If someone has been injured
during a particular task, then a hazard exists that could hurt someone else. Workplace incidents need to be investigated to identify any hazards involved
and to control the corresponding risks.

Identifying hazards in the workplace involves finding things and situations that could potentially cause harm to people.Hazards generally arise from the
following aspects of work and their interaction:

  • physical work environment
  • equipment, materials and substances used
  • work tasks and how they are performed
  • work design and management

The table below lists some common types of workplace hazards.Some hazards are part of the work process, such as mechanical hazards, noise or toxic properties
of substances.

Other hazards result from equipment or machine failures and misuse, chemical spills and structural failures.

A piece of plant, substance or a work process may have many different hazards. Each of these hazards needs to be identified.For example, a production line
may have dangerous moving parts, noise, hazards associated with manual tasks and psychological hazards due to the pace of work.

Hazard Potential Harm
Manual tasks Overexertion or repetitive movement can cause muscular strain
Gravity Falling objects, falls, slips and trips of people can cause fractures, bruises, lacerations, dislocations, concussion, permanent injuries or
death
Slips, Trips and Falls Potential injury arising from fall caused by highly polished floors or smooth surfaces that may be a trip hazard.
Hot-Desking Work stations that do not allow for optimal working postures may increase the risk of a musculoskeletal injury
Hazardous chemicals Chemicals (such as acids, hydrocarbons, heavy metals) and dusts (such as asbestos and silica) can cause respiratory illnesses, cancers or dermatitis
Extreme temperatures Heat can cause burns, heat stroke or fatigue. Cold can cause hypothermia or frost bite
Noise Exposure to loud noise can cause permanent hearing damage
Radiation Ultra violet, welding arc flashes, micro waves and lasers can cause burns, cancer or blindness
Biological Micro-organisms can cause hepatitis, legionnaires’ disease, Q fever, HIV/AIDS or allergies
Psychosocial hazards Effects of work-related stress, bullying, violence and work-related fatigue

How to find hazards?

Regularly walking around the workplace and observing how things are done can help you predict what could or might go wrong.Look at how people actually
work, how plant and equipment is used, what chemicals are around and what they are used for, what safe or unsafe work practices exist as well as the general
state of housekeeping. Things to look out for include the following: 

  • Does the work environment enable workers to carry out work without risks to health and safety (for example, space for unobstructed movement, adequate
    ventilation and lighting)?
  • How suitable are the tools and equipment for the task and how well are they maintained?
  • Have any changes occurred in the workplace which may affect health and safety?

Hazards are not always obvious.Some hazards can affect health over a long period of time or may result in stress (such as bullying) or fatigue (such as
shift work).Also think about hazards that you may bring into your workplace as new, used or hired goods (for example, worn insulation on a hired welding
set).

As you walk around, you may spot straightforward problems and action should be taken on these immediately, for example cleaning up a spill.If you find
a situation where there is immediate or significant danger to people, move those persons to a safer location first and attend to the hazard urgently.

Make a list of all the hazards you can find, including the ones you know are already being dealt with, to ensure that nothing is missed.You may use a checklist
designed to suit your workplace to help you find and make a note of hazards.

Consult your workers

Ask your workers about any health and safety problems they have encountered in doing their work and any near misses or incidents that have not been reported.

Worker surveys may also be undertaken to obtain information about matters such as workplace bullying, as well as muscular aches and pains that can signal
potential hazards.

 

Review available information

Information and advice about hazards and risks relevant to particular industries and types of work is available from regulators, industry associations,
unions, technical specialists and safety consultants.

Manufacturers and suppliers can also provide information about hazards and safety precautions for specific substances (material safety data sheets), plant
or processes (instruction manuals).

Analyse your records of health monitoring, workplace incidents, near misses, worker complaints, sick leave and the results of any inspections and investigations to identify hazards.If someone has been hurt doing a particular task, then a hazard exists that could hurt someone else.These incidents need to be investigated to find the hazard that caused the injury or illness.

 

4.3.2 Assess the risk

A risk assessment should determine:

The severity of a risk

Whether any existing control measures are effective

What actions should be taken to control the risk

How urgently those actions should be completed

A risk assessment is mandatory for certain high-risk activities such as entry into confined spaces, diving work, live electrical work and high-risk construction
work.

In other situations, some hazards and their associated risks are well known and have well established and accepted control measures.In these situations,
the second step of formally assessing the risk is not required.If after identifying the hazard, you already know the risk and how to control it effectively,
you may simply implement the control.

However, a risk assessment should be done when:

There is uncertainty about how the hazard may result in an injury or illness

The work activity involves a number of different hazards and there is a lack of understanding about how the hazards may interact with each other to produce
new or greater risks

There are changes at the workplace that may impact on the effectiveness of control measure.

How to do a Risk Assessment

All hazards have the potential to cause different types and severities of harm, ranging from minor discomfort to a serious injury or death.

For example, heavy liquefied petroleum gas (LPG) cylinders can cause muscular strain when they are handled manually.However, if the cylinder is damaged
causing gas to leak which is then ignited, a fire could result in serious burns.If that leak occurs in a storeroom or similar enclosed space, it could
result in an explosion that could destroy the building and kill or injure anyone nearby.Each of the outcomes involves a different type of harm with
a range of severities, and each has a different likelihood of occurrence.

Work out how severe the harm could be

To estimate the severity of harm that could result from each hazard you should consider the following questions:

What type of harm could occur (e.g. muscular strain, fatigue, burns, laceration)?How severe is the harm?Could the hazard cause death, serious injuries,
illness or only minor injuries requiring first aid?

What factors could influence the severity of harm that occurs?For example, the distance someone might fall or the concentration of a particular substance
will determine the level of harm that is possible.The harm may occur immediately something goes wrong (e.g. injury from a fall) or it may take time
for it to become apparent (e.g. illness from long-term exposure to a substance).

How many people are exposed to the hazard and how many could be harmed in and outside your workplace?For example, a mobile crane collapse on a busy construction
site has the potential to kill or injure a large number of people.

Could one failure lead to other failures?For example, could the failure of your electrical supply make any control measures that rely on electricity ineffective?

Could a small event escalate to a much larger event with more serious consequences?For example, a minor fire can get out of control quickly in the presence
of large amounts of combustible materials.

Work out how hazards may cause harm

In most cases, incidents occur as a result of a chain of events and a failure of one or more links in that chain.If one or more of the events can be stopped
or changed, the risk may be eliminated or reduced.

One way of working out the chain of events is to determine the starting point where things begin to go wrong and then consider: ‘If this happens, what
may happen next?’This will provide a list of events that sooner or later cause harm.In thinking about how each hazard may cause harm, you should consider:

  • the effectiveness of existing control measures and whether they control all types of harm
  • how work is actually done, rather than relying on written manuals and procedures
  • infrequent or abnormal situations, as well as how things are normally meant to occur
  • Consider maintenance and cleaning, as well as breakdowns of equipment and failures of health and safety controls.

Work out the likelihood of harm occurring

The likelihood that someone will be harmed can be estimated by considering the following:

  • How often is the task done?Does this make the harm more or less likely?
  • How often are people near the hazard?How close do people get to it?
  • Has it ever happened before, either in your workplace or somewhere else?How often?
  • The table below contains further questions that can help you estimate likelihood.
  • You can rate the likelihood as one of the following:
  • Certain to occur – expected to occur in most circumstances
  • Very likely – will probably occur in most circumstances
  • Possible – might occur occasionally
  • Unlikely – could happen at some time
  • Rare – may happen only in exceptional circumstances

The level of risk will increase as the likelihood of harm and its severity increases.

 

 

 

Likelihood – Questions Explanation and Examples
How often are people exposed to the hazard? A hazard may exist all of the time or it may only exist occasionally.The more often a hazard is present, the greater the likelihood it
will result in harm. For example: Continuously lifting heavy items has the potential to cause harm whenever the work
is done.
How long might people be exposed to the hazard? The longer that someone is exposed to a hazard, the greater the likelihood that harm may result. For example: The longer
a person is exposed to noisy work, the more likely it is that they will suffer hearing loss.
How effective are current controls in reducing risk? In most cases the risks being assessed will already be subject to some control measures.The likelihood of harm resulting from the risk
will depend upon how adequate and effective the current measures are. For example: Slips, trips and falls controls
have been implemented in the office by ensuring non-slip floor material are in place; use short pile carpet to reduce chances of tripping.
Could any changes in your organisation increase the likelihood? The demand for goods or services in many organisations varies throughout the year.Changes in demand may be seasonal, depend on environmental
conditions or be affected by market fluctuations that are driven by a range of events.Meeting increased demand may cause unusual loads
on people, plant and equipment and systems of work.Failures may be more likely.
Are hazards more likely to cause harm because of the working environment? Examples of situations where the risk of injury or illness may become more likely: Environmental conditions change.For example, work performed
in high temperatures in a confined space increases the potential for mistakes because workers become fatigued more quickly; Wet conditions
make walkways and other things slippery.People are required to work quickly.The rate at which work is done (e.g. number of repetitions) can over-stress a person’s body or
make it more likely that mistakes will be made.

There is insufficient light or poor ventilation.

Could the way people act and behave affect the likelihood of a hazard causing harm? The possibility that people may make mistakes, misuse items, become distracted or panic in particular situations needs to be taken into
account. The effects of fatigue or stress may make it more likely that harm will occur.
Do the differences between individuals in the workplace make it more likely for harm to occur? People with disabilities may be more likely to suffer harm if the workplace or process is not designed for their needs. New or young workers
may be more likely to suffer harm because of inexperience. People who do not normally work at the workplace will have less knowledge
than employees who normally work there, and may be more likely to suffer harm.These people include contractors, visitors or members
of the public.

4.3.3 Control the risk

To control the risks identified, use the Hierarchy of Control outlined below.

 

1.ELIMINATE THE HAZARD Firstly, try to eliminate the hazard if possible. This may mean discontinuing the work practices that created the risk.

 If not practicable, then

 

2.SUBSTITUTE THE HAZARD WITH SOMETHING OF A LESSER RISK Substitute a less hazardous work process, material or equipment, or re-design equipment or practices so that work can be done differently

If not practicable, then

 

3.ISOLATE THE HAZARD Isolate the hazard from the workers by making changes to the work environment or practices so that exposure is minimised

If not practicable, then

 

4.USE ADMINISTRATIVE CONTROLS These include improved supervision/instructions; job rotation; training; and/or policies and procedures

If not practicable, then

 

5.PERSONAL PROTECTIVE EQUIPMENT Use protective equipment as a barrier between the workers and hazards

 

The control measures chosen should:

Adequately control exposure to the risk

Allow workers to do their work without undue discomfort or distress

Not create another hazard (for example, locking a rear exit door for security purposes – this may create a potentially hazardous situation if workers are
unable to evacuate the building in an emergency

In practice several control options are often used in combination.Measures such as administrative controls are often used as interim solutions while more
permanent solutions are implemented.

The most important step in managing risks involves eliminating them so far as is reasonably practicable, or if that is not possible, minimising the risks
so far as is reasonably practicable.

The ways of controlling risks can be ranked from the highest level of protection and reliability to the lowest.This is called the hierarchy of control.

The WHS legislation requires the PCBU to work through the hierarchy of control when managing risks.This means the PCBU must always aim to eliminate the
hazard, which is the most effective control.

In deciding how to control risks you must consult your workers and their representatives who will be directly affected by this decision.Their experience
will help you choose appropriate control measures and their involvement will increase the level of acceptance of any changes that may be needed to
the way they do their job.

There are many ways to control risks.Some control measures are more effective than others.

You must consider various control options and choose the control that most effectively eliminates the hazard or minimises the risk in the circumstances.This
may involve a single control measure or a combination of different controls that together provide the highest level of protection that is reasonably
practicable.

Some problems can be fixed easily and should be done straight away, while others will need more effort and planning to resolve.Of those requiring more
effort, you should prioritise areas for action, focusing first on those hazards with the highest level of risk.

You must always aim to eliminate a hazard, which is the most effective control.If this is not reasonably practicable, you must minimise the risk by working
through the other alternatives in the hierarchy.

Level 1 Control Measures

The most effective control measure involves eliminating the hazard and associated risk.The best way to do this is by, firstly, not introducing
the hazard into the workplace.For example, you can eliminate the risk of a fall from height by doing the work at ground level.

Eliminating hazards is often cheaper and more practical to achieve at the design or planning stage of a product, process or place used for work.In these
early phases, there is greater scope to design out hazards or incorporate risk control measures that are compatible with the original design and functional
requirements.For example, a noisy machine could be designed and built to produce as little noise as possible, which is more effective than providing
workers with personal hearing protectors.

You can also eliminate risks by removing the hazard completely, for example, by removing trip hazards on the floor or disposing of unwanted chemicals.

It may not be possible to eliminate a hazard if doing so means that you cannot make the end product or deliver the service.If you cannot eliminate the hazard, then eliminate as many of the risks associated with the hazard as possible.

Level 2 Control Measures

If it is not reasonably practicable to eliminate the hazards and associated risks, you should minimise the risks using one or more of the following approaches:

Substitute the hazard with something safer

For instance, replace solvent-based paints with water-based ones.

Isolate the hazard from people

This involves physically separating the source of harm from people by distance or using barriers.For instance, install guardrails around exposed edges
and holes in floors; use remote control systems to operate machinery; store chemicals in a fume cabinet.

Use engineering controls

An engineering control is a control measure that is physical in nature, including a mechanical device or process.For instance, use mechanical devices such
as trolleys or hoists to move heavy loads; place guards around moving parts of machinery; install residual current devices (electrical safety switches);
set work rates on a production line to reduce fatigue.

Level 3 Control Measures

These control measures do not control the hazard at the source.They rely on human behaviour and supervision, and used on their own, tend to be least effective
in minimising risks.Two approaches to reduce risk in this way are:

Use administrative controls

Administrative controls are work methods or procedures that are designed to minimise exposure to a hazard.For instance, develop procedures on how to operate
machinery safely, limit exposure time to a hazardous task, and use signs to warn people of a hazard.

Use Personal Protective Equipment (PPE)

Examples of PPE include earmuffs, respirators, facemasks, hard hats, gloves, aprons and protective eyewear.PPE limits exposure to the harmful effects of
a hazard but only if workers wear and use the PPE correctly.

Administrative controls and PPE should only be used:

  • When there are no other practical control measures available (as a last resort)
  • As an interim measure until a more effective way of controlling the risk can be used
  • To supplement higher level control measures (as a backup).

 

4.3.4 Monitor and review control measures

The control measures that you put in place should be reviewed regularly to make sure they work as planned.Don’t wait until something goes wrong.

There are certain situations where you must review your control measures under the WHS Regulations and, if necessary, revise them.A review is required:

  • When the control measure is not effective in controlling the risk
  • Before a change at the workplace that is likely to give rise to a new or different health and safety risk that the control measure may not effectively
    control
  • If a new hazard or risk is identified
  • If the results of consultation indicate that a review is necessary
  • If a health and safety representative requests a review.

You may use the same methods as in the initial hazard identification step to check controls.Consult your workers and their health and safety representatives
and consider the following questions:

  • Are the control measures working effectively in both their design and operation?
  • Have the control measures introduced new problems?
  • Have all hazards been identified?
  • Have new work methods, new equipment or chemicals made the job safer?
  • Are safety procedures being followed?
  • Has instruction and training provided to workers on how to work safely been successful?
  • Are workers actively involved in identifying hazards and possible control measures?
  • Are they openly raising health and safety concerns and reporting problems promptly?
  • Is the frequency and severity of health and safety incidents reducing over time?
  • If new legislation or new information becomes available, does it indicate current controls may no longer be the most effective?

If problems are found, go back through the risk management steps, review your information and make further decisions about risk control.Priority for review
should be based on the seriousness of the risk.Control measures for serious risks should be reviewed more frequently.

Controlling health and safety risks is an ongoing process that needs to take into account any changes which occur at the workplace.This is why procedures
and risk controls must be reviewed regularly to ensure they are still effective.

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