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AimThe aim of this unit is to provide students with an overview of the NSW legislation that protect workplace health and safety, and how it impacts on the management of health and safety in the workplace.

OutcomesOn completion of this unit of work, students will be able to:

o understand and list the main parts of the Occupational Health and Safety (OHS) legislation in NSW

o understand and explain to whom the OHS legislation applieso understand and explain the roles and responsibilities of employers in regards to

occupational health and safetyo understand and explain the roles and responsibilities of the employees and others in

regards to occupational health and safetyo understand the role of WorkCover inspectorso understand the need for OHS management systems in the workplace

Unit outline

Topic Content Related ActivitiesIntroduction to OHS o Why is OHS important?

o Young workers o Cost of workplace injuries

o Activity 1: The cost of workplace injuries

o Activity 5: The cost of workplace accidents – a scenario

o Activity 4: Find a word

o Safety First or Expect the Worst – Activities 7, 8, 10, 11

The Legal Framework o Occupational Health and Safety Act 2000

o The Occupational Health and Safety Regulation 2001

o Codes of practice

o Activity 2: The OHS Act 2000 (Worksheet 1)

o Activity 3: Overview questions

Roles and responsibilities

o Employer responsibilitieso Employee responsibilitieso The role of other parties

o Activity 2: The OHS Act 2000 (Worksheet 2, 3, 4, 5)

o Activity 6: Roles and responsibilities in the workplace

Enforcement of OHS laws

oRole of WorkCover inspectors

UNIT1 Laws that protect workplace health and safety

oPenaltiesManaging occupational health and safety

oSteps in the development of an OHS management system

Unit 1: Laws that protect workplace health & safety of 33

The importance of occupational health and safety

Poor workplace health and safety affects the individual, the workplace and thecommunity. Many of the effects of injury or illness are not fully recognised and rangefrom minor inconvenience through to major consequences. Some of the effects include:

o injury, disease, deatho pain and sufferingo changes to lifestyleo financial problemso psychological impact of injury/illnesso low workplace moraleo absenteeismo reduced or poor productivityo poor corporate imageo high compensation costso community costs.

(Source: Background Information: Workplace Health And Safety, WorkCover NSW)

Governments throughout the world have developed legislation to protect the rights of workers. Governments have seen the need to establish legislation to provide a healthy and safe workplace in order to reduce the number of injuries and death that have occurred in the past.

Improved occupational health and safety can lead to improved productivity and a better working experience for all workers.

Young people and new workers

Statistics collected by insurers and submitted to WorkCover show that young workers between the ages of 15 and 25 are being hurt on the job every day. Young workers generally lack experience and are generally unfamiliar with workplace procedures.

For young workers, employers must provide information and training about work hazards and safe work practices that give consideration to young people’s age and experience.

Workers greatest at risk in the workplace include:

o Young workers - people under the age of 25o New workers including people who are:

entering the workforce for the first time employed for less than 12 months re-entering the workplace transferring to a new job

o Male employees


The challenge for all industrialised countries in the 21st century is to ensure that workers can lead healthy, stress free lives. Work should not make workers ill and if you are injured provisions should be in to place to assist you in your return to fitness and the labour market.

Young workers at risk

Young workers and new employees often have a greater chance of being injured at work.

A variety of factors may contribute to this higher risk factor:o lack of experienceo eagerness to please o lack of training in Occupational Health and Safety o lack of supervision

In NSW in 2000/2001o 13 workers under the age of 25 were killed in the workplace. All of these workers were

male. This represented 9% of all fatalities. Of these, seven were killed by vehicle accident

o approximately 7,500 workers under the age of 25 were injured.Some of these injuries were minor, allowing rapid return to work. Others were major and more incapacitating. Some of the young people will never be able to go to work again!

(Source: Statistical Bulletin 2000/2001, WorkCover NSW)

Why are young workers greater at risk?

o One of the contributors to accidents and injury of young people in the workplace is inexperience.

o Young workers are not always aware of the range of physical, environmental, chemical and biological hazards in their new working environment.

o Their knowledge of health and safety rights and responsibilities will often be inadequate. o They may be afraid to address the issue with their employer.

Adequate information, training and supervision of health and safety must be provided to all new workers.

The Occupational Health and Safety Regulation 2001 clearly states that “in determining the nature and extent of necessary supervision, the employer must have regard to the competence, experience and age of each employee”. (Clause 14(3))

Each employer has a duty of care to provide a safe workplace for all their employees. This includes risk management and training. Young workers must be trained to do their work in a safe manner from the first day of employment. The Occupational Health and Safety Act clearly states that employers must “provide such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work.” (Division 1(8d))

Gender differencesStatistical data suggests that gender appears to be a significant factor in the incidence of workplace injury.

In 2000/2001 male injuries comprised 70.5% of all workplace injuries. This includes occupational diseases. (Source: Statistical Bulletin 2000/2001, WorkCover)


The statistics below show a constant trend for male injuries to be significantly greater than those for females. However there has been a steady increase in the number of injuries for females. This may partly be explained by an increase in the female workforce.

Number of workplace injuries, 1991/92 – 2000/2001

1991/92 1992/93 1993/94 1994/95 1995/96 1996/97 1997/98 1998/99 1999/00 2000/01Male 30,086 27,576 29,680 31,611 31,483 32,318 31,925 30,200 28,798 28,477

Female 8,077 8,349 9,620 10,893 11,162 12,336 12,057 11,539 10,733 11,518

Total 38,163 35,925 39,307 42,505 42,648 44,654 43,982 41,739 39,531 39,995

% Male Injuries

79% 77% 76% 74% 74% 72% 73% 72% 73% 71%

(Statistical Bulletin 2000/2001, WorkCover NSW and Statistical Bulletin Workcover NSW Statistical Bulletin 1998/99)

The cost of workplace injury and illness

Unsafe workplaces or work practices can have an enormous cost both financially and emotionally. The pain, suffering and death resulting from workplace accidents place a burden on families and the wider community. The financial cost to commerce and industry reduces competitiveness.

The consequences of workplace injury include:o financial costso human costso social costs

Financial costs affect the worker, the wider community and the State.

In NSW in 2000/2001:o The total number of workplace injuries was 49,253, (39,995 workplace injuries and 9,258

occupational diseases).o There were 139 workplace fatalities.o The gross incurred cost of employment injuries was $1,138 million. o Time lost for temporary disability cases was 398,838 weeks. o The most common workplace injuries were sprains and strains (64%) accounting for a

cost of $565 million.o Back injuries accounted for over 30% of workplace injuries and cost $270 million.


(Source: Statistical Bulletin 2000/2001, WorkCover)The legal framework

All workers in NSW, including full-time, part-time, permanent, temporary and casual workers, are covered by occupational health and safety laws passed by the NSW parliament.

Under occupational health and safety laws, employers have a duty of care to ensure the health, safety and welfare of all their employees at work as well as non-employees at the place of work.

WorkCover NSW manages the State's workplace safety, injury management, and workers compensation systems. WorkCover NSW has the power to prosecute employers who fail to fulfill this duty.

The OHS Legislation in NSW

OHS Legislation in NSW consists of an Act of Parliament and a consolidated regulation made under this Act. These are supported by various codes of practice .


An Act of Parliament

Codes of PracticeCodes of practice give practical guidance on how the required standard of health, safety and welfare can be achieved in an area of work. They are approved under the OH&S Act by the Minister for Commerce.

Sometimes Codes of Practice are ‘called up’ in Regulations and in these circumstances have the same legal force as the Regulation itself. Otherwise, Codes of Practice should be followed, unless there is an alternative course of action which achieves the same or better standard of health in the workplace.

They can be used in support of the enforcement provisions of the OH&S Act or as evidence to support a prosecution for failing to comply with or contravening the OH&S Act or OH&S Regulation.

OH&SAct

2000

OH&S Regulation 2001

Regulations give details on how certain sections of the Act are to be implemented. The Regulation calls on various Australian Standards and other standards and codes of practice to establish guidelines for particular OHS issues. Everything in the Regulation is law and must be followed.

Acts of Parliament

The main Act which covers all health and safety in the workplace in NSW is the Occupational Health and Safety Act 2000 which came into effect from September 2001. It lays down the requirements for health, safety and welfare which must be met at all places of work in NSW. The Act covers self-employed people as well as employers and employees

Information and a copy of the Occupational Health and Safety Act is available from the web sites:

http://www.WorkCover.nsw.gov.au/ http://www.austlii.edu.au/

Regulations

The Occupational Heath and Safety Regulation 2001 replaces all existing Occupational Heath and Safety Regulations, the Construction Safety Act 1912 and Regulations and Part Three of the Factories, Shops and Industries Act 1962.

The Occupational Health and Safety Regulation 2001 aims to support the OccupationalHealth and Safety Act 2000 in achieving reductions in the incidence of workplace injuries and disease.

The Regulation emphasises a risk management approach. Under this risk management approach, there is a legal requirement to manage risks in the workplace.

Legal requirements include requirements to:o identify hazardso assess riskso eliminate or control riskso review risk assessments and control measures

Regulations give details on how certain sections of the Act are to be implemented.

Regulations made under the OHS Act cover specific areas of work such as: o Risk managemento First Aido Workplace consultationo Work premises and working environmento Notification of Accidentso Floors, Pathways and Stairso Manual Handlingo Noiseo Hazardous Substances

Information and a copy of the Occupational Health and Safety Regulation 2001 is available from the web sites:

http://www.WorkCover.nsw.gov.au/ http://www.austlii.edu.au


http://www.austlii.edu.au/

http://www.workcover.nsw.gov.au/

http://www.austlii.edu.au/

http://www.workcover.nsw.gov.au/

Code of practice

Codes of practice give practical guidance on how the required standard of health, safety and welfare can be achieved in an area of work. They are approved under the OH&S Act by the Minister for Commerce and are published in the Government Gazette.



In summary, an approved industry code of practice:

Gives practical guidance on how the required standard of health safety and welfare can be achieved in the workplace.

Should be followed, unless there is an alternative course of action that achieves the same or a better standard of health, safety and welfare in the workplace.

Can be used to support prosecution for failing to comply with or contravening the Act or Regulation.

(Source: OHS Consultation: Code of Practice 2001, WorkCover NSW)

Examples of Codes of Practice are:

o Electrical Practices for Construction Worko OHS Consultationo Labelling of Workplace Substanceso Workplace Injury and Disease Recordingo Workplace Amenitieso Noise Management and Protection of Hearing at Worko Safe Work on Roofso Safety at Work – A Guide for Young Workers in Hospitalityo Protecting Young Workers from Workplace Hazardso Workplace Violence Series (including WV – Awareness, WV – Prevention, WV –

Intervention, WV – Legal Consequences)


Responsibilities of the employer

Under the Occupational Health and Safety Act 2000 the employer must ensure the health, safety and welfare of their employees when at work by:

o ensuring that any places of work controlled by the employer are safe and without risks to health, including safe entrances and exits

o ensuring the safe and proper use, handling, storage and transport of plant and substances provided for use by employees

o providing and maintaining systems of work and working environments that are safe and without risks to health

o providing information, instruction, training and supervision necessary to ensure the health and safety of employees

o providing adequate facilities for the welfare of the employees(Source: Summary of the OHS Act 2000, WorkCover NSW)

Under the Occupational Health and Safety Regulation 2001 the employer must:o identify hazards o assess risks o eliminate or control risks o review risk assessments and control measures o provide instruction, training and information o provide supervisiono provide personal protective equipmento obtain informationo provide for emergencieso provide amenitieso maintain of amenities and accommodationo provide first aid facilities and personnel

(Source: Summary of the OHS Regulation 2001, WorkCover NSW)

Responsibilities of the employee

Work experience and work placement students are considered to be “volunteers” while in the workplace. Students should observe the same responsibilities as normal employees to ensure their own safety and the safety of others in the workplace.

Under Section 21 of the OHS Act any person must not intentionally or recklessly interfere with or misuse any personal protective equipment or anything else provided in the interests of safety. Students have a legal duty under this section of the Act and can be fined if they breach it. The maximum penalty is currently 30 penalty units for a first offence.

Under the Occupational Heath and Safety Act 2000, an employee must:o take reasonable care for the health and safety of themselves and

other people at the place of work o co-operate with his or her employer or other person in the interests

of health, safety and welfare.


o not interfere with or misuse things provided for the health, safety and welfare of persons at work

o not obstruct attempts to give aid or attempts to prevent a serious risk to the health and safety of a person at work

o not disrupt the workplace by creating health or safety fearso not refuse a reasonable request to assist in giving aid or preventing a risk to health and

safety(Source: Summary of the OHS Act 2000, WorkCover NSW)

Under the Occupational Health and Safety Regulation 2001, an employee:o must take reasonable steps to prevent risks to health and safety at work by notifying the

employer or supervisor of any matter that may affect the capacity of the employer to comply with the requirements of the Regulation.

(Source: OHS Regulation 2001, Clause 28 (1) WorkCover NSW)

Other parties responsible for workplace health and safety

The Occupational Health and Safety Act 2000 also outlines the responsibilities of other parties involved in the provision of a safe working environment.

o Persons who erect or install equipment at a workplace also have the manufacturer’s obligation to make sure that the equipment is safe to use when properly used

o Persons in control of non-domestic premises used as a place of work, by persons other than their employees, must ensure that the premises and exits and entrances are in a safe condition

o Persons who control plant or substances must ensure the plant or substance is safe and without risk when used at work by persons other than their employees

(Source: Summary of the OHS Act 2000, WorkCover NSW)

Occupational health and safety law enforcement

In NSW, WorkCover Inspectors have the role of ensuring safe workplaces. They help employers and employees to understand their rights and obligations under occupational health and safety, injury management and workers compensation legislation. They also have a range of powers to enforce compliance with the legislation. WorkCover inspectors can enter any workplace at any time to conduct an investigation. Inspectors can issue investigation, improvement or prohibition notices. It is an offence to prevent an inspector from doing their job.


o Employers and self-employed people must ensure the health and safety of people visiting or working at their places of work, who are not their employees, by not exposing them to risk

o Manufacturers, designers and suppliers of plant and substances for use by people at work must make sure that they are safe and without risks to health when properly used. They must also provide adequate information to those who are supplied with the plant or substance to ensure its safe use.

Inspectors are empowered to act under the:o Occupational Health and Safety Act 2000o Workers Compensation Act 1987o Workplace Injury Management and Workers Compensation Act 1998.

Workplace visits

Inspectors visit workplaces to:o investigate work place incidents and breaches of

legislationo attend court, provide evidence and prepare

comprehensive reportso respond to OHS complaints from workers, unions, OHS

committees and the publico give advice and information to management, committees,

union and workerso carry out compliance inspections relating to work places and industry hazardso target hazards in industry sectors as part of specific injury prevention projects and

campaignso resolve workplace health and safety disputes.

Enforcement role

Inspectors have the power to:o issue notices which require employers to remedy unsafe working conditions or hazardso issue notices prohibiting work from continuing until a hazard is fixedo issue notices requiring employers to provide proof of correct worker compensation

insuranceo issue on-the-spot fines for breaches of the OHS Legislationo collect evidence and recommend a prosecution.

Information role

Inspectors are trained to advise employers and employees about the risk management approach to all aspects of occupational health and safety, injury management and workers compensation matters.

For example, they can give advice on how to:o conduct a workplace risk assessmento bring plant, equipment and work methods up to the required standardso establish a rehabilitation program.

(Source: Role of the WorkCover Inspector, WorkCover NSW)


Penalties

WorkCover inspectors have the authority to issue penalties or fines and/or initiate prosecution for breaches of the Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001.

The maximum penalties for an offence under the OHS Regulation 2001 range from $2,200 to $27,500 depending on the type of offence (e.g. an administrative breach of the Regulation attracts a lesser penalty, while safety breaches attract higher penalties).

Penalty notices (on-the-spot fines) under the OHS Regulation 2001 range from $550 to $600 for employers, and from $1,100 to $1,500 for non-compliance with an Improvement Notice.

The maximum penalties under the OHS Act 2000 for an offence is: o corporation – 5,000 penalty units (presently $550,000 for first offence) o individual – 500 penalty units (currently $55,000 for first offence)o corporation – 7,500 penalty units (previous offender).

o individual – 750 penalty units (previous offender) and/or 2 years imprisonment.

The Court can also order offenders to do things, e.g. paying WorkCover costs of the investigation.

(Source: Summary of the OHS Act 2000, WorkCover NSW)

Managing workplace health and safety

Consultation is a key feature of risk management since involving the people who do the work in identifying hazards and how to control risks is the most effective way to manage workplace health and safety. This also allows employers to meet their legal requirements on consultation under the Occupational Health and Safety Act 2000.

The Occupational Health and Safety Regulation 2001 sets out procedures to be followed in establishing and maintaining consultation with employees as well as for resolving matters that may present a risk to health and safety. The regulation also states the requirement for the employer to provide training for OHS committee members and OHS representatives.

Consultation is required:o whenever risks to health and safety are being examined or reviewed


Health and safety laws in NSW require employers to have in place a means to:

o identify all hazards in their workplaceo assess the risks arising from those hazardso implement measures to eliminate or control those riskso provide instruction, training and supervision for employeeso consult with employees on matters which affect their health,

safety and welfare.

o when decisions are being made about measures taken to eliminate or control riskso when introducing or altering any procedures for identifying and monitoring workplace

riskso whenever changes that may affect health and safety are proposed to the workplace,

the system of work, or the plant and substances used for worko whenever decisions are made about consultation arrangements.

Consultation can take place through an OHS committee, an OHS representative or using other arrangements that have been agreed upon by the employer and the employees.

Employers need policies and procedures in place to make sure that potential hazards and the health and safety of people in the workplace are addressed. An occupational health and safety management system is a documented, coordinated plan to make sure hazards and associated risks in the workplace are managed.

The six steps in creating an OHS management system are:o Determine who is responsible for health and safetyo Plan to work safelyo Involve employees in the processo Develop procedureso Train people in the procedureso Monitor, review and improve the system.

(Source: Risk Management at Work, Guide 2001, WorkCover NSW)


Laws that protect workplace health and safety

Student Activity 1: The cost of workplace injuries

Outcomes: Students will be able to:o demonstrate an understanding of the different consequences of

workplace injurieso classify the consequences as either a financial or human cost or othero determine which group is directly affected by workplace injuries,

employee, employer or community,

Resources:

Overhead transparency – Consequences of workplace InjuriesHandout - Consequences of Workplace Injuries

Activity Outline:

o Place a tick ( ) in the column which best describes the consequence described. Is it

a human consequence? a financial consequence? other (does not fit into either)?

In some cases you may have to tick () more than one column.

o Now decide if each consequence directly affects

the employee the employer the community

and place a tick () in the appropriate column.


The cost of workplace injury - Overhead Transparency


The cost of workplace injuries - Handout

Consequences of workplace

injuriesHuman Financial Other Employer Employee Community

Increased taxesLegal costsFinesHospitalisationMedical expensesLoss of future earningsEffect on familyIncreased insurance premiumsReplacement staffStaff retrainingIncreased Medicare levyLost incomeSocial welfare paymentsDisruption to social and recreational activitiesProhibition orderPsychological stressEmotional stressLetters to the editorOngoing pain and discomfortDisruption to studyStrained relationshipsDiscomfortLoss of moraleLost productionRehabilitationInvestigation by WorkCoverReports in the mediaPainDisruption to career planningWorkers compensation paymentsOther



Student Activity 2: The Occupational Health and Safety Act 2000

Outcomes: Students will:o be aware of the rights and responsibilities of both employers and

employeeso understand the role of an Occupational Health and Safety

Committeeo gain an understanding of the Occupational Health and Safety Act

2000o access and navigate through the Occupational Health and Safety

Act 2000.

Resources:

o Internet connectiono Student worksheets

Activity Outline:

Students are to complete the student worksheets using the Occupational Health and Safety Act 2000 to help them with their responses.

The worksheets will cover the responsibilities of the employer and employee in relation to workplace safety and the role of the Occupational Health and Safety Committee.

The full Act can be found at:http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

This page lists the contents of each part of the Act. The Act itself is extensive, covering 142 sections providing information on:

o Duties relating to health, safety and welfare at worko Regulationso Industry codes of practiceo Investigations o Investigation, improvement and prohibition noticeso Criminal and other proceedings


http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

The Occupational Health and Safety Act 2000 - Worksheet 1

Go to the website: http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

Click on Item 3 in Part 1- Preliminary of the OH&S Act.

This section lists the objectives of the Act.

Below is a list of key words that you need to know the meaning of before you read the passage below. You may need to find their meaning in a dictionary.

Key Words

assessed consultation safetyrisks

controlled developsecure

eliminated ensurehealth welfare

identified illness injury

promote protect provide

Read the passage and underline the key words in the appropriate sentence.

The objectives of this Act are as follows:

o to secure and promote the health, safety and welfare of people at worko to protect people at a place of work against risks to health or safety arising out of the

activities of a person at worko to promote a safe and healthy work environment for people at work that protects them

from injury and illness and that is adapted to their physiological and psychological needso to provide for consultation and co-operation between employers and employees in

achieving the objectives of this Acto to ensure that risks to health and safety at a place of work are identified, assessed and

eliminated or controlledo to develop and promote community awareness of occupational health and safety issueso to provide a legislative framework that allows for progressively higher standards of

occupational health and safety to take account of changes in technology and work practices

o to protect people (whether or not at a place of work) against risks to health and safety arising from the use of plant that affects public safety.





Click on Item 8, Duties of Employers in Part 2 Duties of Employers - Duties Relating To Health, Safety And Welfare At Work, Division 1 - General duties

This section explains the legal requirements of the employer to provide a safe environment for their employees. Read through these requirements.

Answer true or false to the following statements by placing a tick ( ) in the correct column.

STATEMENT TRUE FALSE

An employer must ensure the health, safety and welfare at work of all the employees of the employer.

An employer must provide a swimming pool and gymnasium for their employees

An employer must ensure that any premises controlled by the employer are safe and without risks to health of employees

An employer must make sure that any plant (machinery) or substance provided for use by the employees at work is safe and without risks to health when properly used

Exit from and access to the workplace must not be blocked.

An employer must ensure that any system of work and the working environment of the employees are without risks to the health of the employees

An employer must provide such information, training and supervision as may be necessary to ensure the employees’ health and safety at work

An employer must provide adequate facilities for the welfare of the employees at work.





Click on Item 12 - Penalty for offence against this Division in Part 2 - Duties Relating To Health, Safety And Welfare At Work, Division 1 - General duties

Employers have a legal responsibility to provide a safe workplace. If they fail to do this they are guilty of an offence and must pay a penalty or fine.

Read this section and answer the following questions.

Question Answer

1) What is the monetary value of a penalty unit?

2) How much would a corporation have to pay if they were convicted, were a previous offender and had to pay 6,000 penalty units?

3) How much would a corporation have to pay if they were convicted, were not a previous offender and had to pay 1,000 penalty units?

4) How much would an individual have to pay if they were a previous offender and received the maximum penalty?

5) What term of imprisonment does an individual receive under the maximum penalty?





Click on Item 20 – Duties of the Employees, in Part 2 - Duties Relating To Health, Safety And Welfare At Work, Division 3 – Related Duties.

An employee also has a legal responsibility to maintain a safe and healthy workplace not only for themselves but also for others in the workplace.

Read through the points on employees’ duties and answer the following question.

Note: Don’t forget, even though work experience and work placement students are not classified as “employees” these responsibilities still should be followed to ensure student safety in the workplace.

Describe the two duties of employees as stated in the Occupational Health and Safety Act.

1)

2)


Click on Item 21 – Person not to interfere with or misuse things provided for Health, Safety and Welfare in Part 2 - Duties Relating To Health, Safety And Welfare At Work, Division 3 – Related Duties.

Any member of the workforce who either intentionally or recklessly interferes with anything provided for health or safety faces a fine or penalty.

1) How many penalty points does a person receive if they interfere with or misuse anything provided in the interests of safety:

if they are a previous offender? _____________

in any other case?________________________






Click on Item 23 - Unlawful dismissal or other victimisation of employee in Part 2 - Duties Relating To Health, Safety And Welfare At Work, Division 3 – Related Duties.

This section deals with unfair dismissal or discharge and violence or victimisation directed at an employee because they made a complaint about safety in the workplace or because they are a member of an Occupational Health and Safety Committee.

Read through this section and complete the table using the information given on maximum penalties.

TYPE DESCRIPTION MAXIMUM PENALTY

Corporation Previous offender

Corporation First offence

Individual Previous offender

Individual First offence




Student Activity 3: Overview Questions

1. What is the purpose of occupational health and safety legislation?

2. List the main parts of the OHS legal framework in NSW. Briefly explain what each part contains. Which of these is not law but is still an important part of the legal framework? Explain your answer.

3. What are the responsibilities of the employer in the provision of workplace health and safety?

4. What are the responsibilities of the employee/student in ensuring workplace health and safety?


5. List any others with a responsibility in ensuring a healthy and safe workplace. What are their responsibilities?

6. What is the name of the authority that manages workplace health and safety in NSW? How are the OHS laws enforced?

7. List the steps that employers can use to manage health and safety in their workplace.

8. Why is consultation with employees such an important part of keeping workplaces safe?

9. Do you think that a student can be part of this consultation? Explain your answer?



Student Activity 4: Find a Word

H H A Z A R D O U S S U B S T A N C E S

K T L S M G R E G U L A T I O N H G X A

H V V N L O U T F E U P R E M I S E S F

E M P L O Y E E L E G I S L A T I O N E

K W W X E R A C F O Y T U D T G F H Z W

S R E V O C K R O W H G N I N I A R T O

I N S P E C T O R E Y O L P M E T N E R

R C M A N U A L H A N D L I N G A O R K

H A Z A R D P A R E C O R D Q A L I O M

P E V I T A T N E S E R P E R I I T S E

I N J U R Y S Y T L A N E P H G T A I T

S T R E S S M E C A L P K R O W I T V H

P R O H I B I T I O N N O T I C E L R O

Z P J H E A L T H B K L S D Q V S U E D

W P E W G R H P E E T T I M M O C S P M

X E V V Z J A B S B X U K Z G H W N U W

A D E T U C E S O R P W J C C J M O S O

G M T N E M E G A N A M K S I R G C N R

U L A N O I T A P U C C O S A F E T Y K

C P L A N T D G I Y F X F V W Y W O U P

Find and circle each of the following words.

Committee ConsultationDuty Of Care EmployeeEmployer FatalitiesHazard Hazardous SubstanceHealth InjuryInspector LegislationManual Handling OccupationalPenalty PlantPPE PremisesProhibition Notice ProsecutedRecord RegulationRepresentative RiskRisk Management SafetySafe Work Method StressSupervisor TrainingWork WorkCoverWorkplace



Student Activity 5: The cost of workplace accidents

Here is a scenario of an accident in which a member of the office staff passes through the office carrying a load of stationery.

Let’s call him David, a co-operative employee who does his best to please. So David loads himself up with as much as he can carry. A couple of reams of paper, half a dozen writing pads, some manila folders and other assorted items. In fact, he can’t see properly where he’s going.

As a result David trips over an extension cord near one of the desks and falls. As he can’t see, because of the load he is carrying, and as a natural reaction, he drops his load and desperately reaches out to break his fall. He misses the desk and falls heavily. On the way down he grasps at the computer and drags it down with him. He hits his chin on the edge of the desk and suffers a cut to the face which requires stitching. He’s off work for two days.

Let’s see what this minor accident cost the employer.

First the medical costs were $58.The two paid days off work cost $160.Because the total costs were under $500, the employer did not recover the amounts from his worker’s compensation insurer.That sounds like $218, which the manager shrugged off.

But in reality, there’s more.

As a result of David’s fall, the computer board was damaged, for which a replacement had to be flown from interstate. That cost $320.

And it took three weeks to arrive.

Because the work was vital, a computer needed to be hired. Cost: $450.

As the accident occurred before a back-up was made, the day’s input was lost. Overtime paid to a keyboard operator amounted to $120.

The office staff who rushed to David’s aid and called the first aid attendant then spent a further twenty minutes discussing the accident. Cost, say $20.

The pay clerk spent extra time organising David’s leave and paying the keyboard operator’s overtime. Cost, $10.

The first aid attendant spent 30 minutes with David. Cost, $30.

The store person responsible for organising a replacement circuit board spent time on the phone and on paperwork. Cost, another $30.


David’s supervisor had to investigate the accident and prepare a report. Cost, $35.

So what looked like a simple matter of $218 quickly grew into a more serious amount of $1000. Where did the money come from? Out of net profits.

If your company works on say, a net profit margin of 4%, your sales force needs to sell goods to the value of around $25,000 to make up the hidden costs of the accident.

Exercise:

In the example of David and his fall the following costs flowed onto the employer:

Medical fees

Two paid days off work

Below threshold for recovery from insurance

Computer damage

Hire replacement computer

Overtime to keyboard lost input

Lost time by other staff

Store person’s time

Supervisor’s time to prepare report

What other costs can you suggest should be included?

(Source: WorkCover, NSW)


Costs of workplace injuries OHT

2000/2001 statistics for Australia:

o There were 319 fatalities in the workplace

o A further 71 fatalities occurred on journeys to or from work

o Sprains and strains of joints and adjacent muscles accounted for 53% of injuries

o Just over 25% of all new injury or disease cases related to back injuries

o 90.0% of the fatalities were males and 9.4% were females.

In NSW in 2000/2001:

o The total number of employment injuries was 53,797

o 139 fatalities were reported: 47 from workplace injuries 59 from non-workplace injuries 39 from occupational diseases

o 71% of injuries/illnesses were for males

o The most common workplace injuries were sprains and strains, 64%, which accounted for 70% of the cost of workplace injuries

o Total payments made was $2,946 million of which 66% were compensation claims


What your employer must do OHT

Under the OHS Act 2000, the employer must:

o Maintain places of work that are safe and without risks to health, including safe entrances and exits

o Make arrangements to ensure the safe and proper use, handling, storage and transport of plant and substances

o Provide and maintain systems of work and working environments that are safe and without risks to health

o Provide the information, instruction, training and supervision necessary to ensure the health and safety of employees

o Provide adequate facilities for the welfare of the employees


What you must do as an employee OHT

Remember, students are not classified as employees under the OHS Act 2000, but should follow these guidelines to ensure their own safety and that of others while in the workplace.

All persons must not:

o Interfere or misuse things provided for the health, safety or welfare of persons at work

o Obstruct attempts to give aid or attempts to prevent serious risk to the health and safety of a person at work

o Refuse a reasonable request to assist in giving aid or preventing a risk to health and safety

o Disrupt a workplace by creating health or safety fears


The Legal Framework OHT


OH&SAct

2000

Codes of practice give practical guidance on how the required standard of health, safety and welfare can be achieved in an area of work. They are approved under the OH&S Act by the Minister for Commerce.



OH&S Regulation

2001Regulations give details on how certain sections of the Act are to be implemented. The Regulation calls on various Australian Standards and other standards and codes of practice to establish guidelines for particular OHS issues. Everything in the Regulation is law and must be followed.

An Act of Parliament

Codes of Practice

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