Legislation
What is the name of the Act in Victoria to do with workplace health and safety?
Occupational Health and Safety (OH&S) Act 2004
How many parts are there to the OH&S Act 2004?
15
What is Part 4 of the OH&S Act 2004 about?
Duty to consult
Why is Part 6 of the OH&S Act 2004 important?
It outlines the qualifications, licences, registrations, permits, and other requirements that employers, self-employed people and workers must hold to undertake certain types of activities.
Regarding general duties and issue resolution, apart from the 3-step process to manage workplace risks and hazards, Provision 2 of the OH&S Regulations 2017 further enhances the concept of Duty of Care processes and procedures.
Name 1 such process/procedure.
1. How and when to initiate a health inspection of workers in the workplace
2. The importance of confidentiality in conducting health inspections and reviewing the medical results
3. When and how to involve health and safety representatives in consultation with a worker
4. Issue resolution procedures.
Name 2 purposes of the Occupational Health and Safety (OH&S) Regulations 2017.
1. To support the OH&S Act 2004 by providing more detail and outlining how the Act must be applied in the workplace.
2. OH&S Regulations are usually made in relation to a particular type of health and safety issue, such as asbestos, first aid, or a dangerous chemical.
3. OH&S Regulations also include the requirements for certification of workers and licences and permits.
4. Employers and employees must follow OH&S Regulations; if not, there are penalties in the form of fines and/or prison sentences for non-compliance.
1. Who is the 'Authority' in the Act?
2. What is the Authority's duty?
1. WorkCover. WorkSafe Victoria is the trading name of the Victorian WorkCover Authority.
2. To ensure OH&S guidelines are followed by all workplaces.
Who must consult with whom?
It is the duty of an employer, supervisor or foreperson to consult with all workers in the workplace.
(Part 4, Section 35, doc p. 36 [pdf p. 46])
Name 2 instances in which licences are required?
1. Asbestos removal and clearance
2. Forklift drivers
3. Demolition work
4. For registered:
- plumbers
- electricians
- builders
Name 2 physical hazards faced by building and construction workers.
1. Manual handling
2. Noise
3. Prevention of falls
4. Working in confined spaces
5. Mobile plant and power equipment
6. High-risk work.
What are 3 aims of the OH&S Act 2004?
1. To provide a framework for improving the standards of workplace health and safety
2. To reduce work-related injury and illness
3. To encourage open communication between employers and employees, to identify and either eliminate or reduce potential risk in the workplace.
According to Part 3 of the OH&S Act 2004, what is the 3-step process concerning hazard and risk management?
1. Identify the hazards. (Identify all situations in the workplace that could cause harm).
2. Assess the risks. (Determine the likelihood and impact of all hazards identified and document findings.)
3. Control the risks. (Identify and implement practical measures to eliminate or reduce the likelihood or impact of the hazard.)
What are 3 legal responsibilities regarding consultation?
1. To share all information about all OH&S issues
2. To give employees the opportunity to express any concerns about OH&S issues and to be involved in the decision-making process
3. To take into account all feedback from employees in an effort to come up with final decisions
1. What formal consultative structure may be formed on a large worksite?
2. Name 3 elements of the formal consultative structure.
1. On large worksites, a more formal consultative structure may be formed with internal O&HS representatives:
2a. An employee or employer takes steps to establish a designated work group (DWG).
2b. The members of the DWG elect one of their members to be their health and safety representative (HSR).
2c. The HSR requests the establishment of a health and safety committee.
Noise is the most widespread and underestimated hazard in the workplace. Many tools and machinery used in building and construction are very noisy and have the potential to cause permanent hearing loss or tinnitus.
Name 3 legal requirements an employer has to minimise harm to workers because of noise.
1. Control all exposure to noise.
2. Document all noise risk control measures that have been implemented in the workplace.
3. Provide appropriate hearing protection for all workers exposed to noise.
4. Use signs to identify where noise protectors are to be worn. For example, labelling of machines that require noise protection.
5. Put processes in place to determine the actual noise exposure and whether it falls within the noise exposure standards.
6. Review existing noise risk control measures to ensure that they are still adequate.
1. Apart from the Act and Regulations, which other requirements make up the OH&S legal framework?
2. Who are they devised by?
3. Where can they be used to provide evidence of what employers should be doing?
4. When are such requirements enforceable by law?
1. Support material including Codes of Practice and national and industry standards, e.g. Model Codes of Practice (see Safe Work Australia), and Australian Standards.
2. Codes of Practice may be developed by government authorities, industry bodies and other groups.
Standards Australia, a non-government organisation, develops standards that ensure manufacturers and providers of goods and services meet minimum acceptable standards, including OH&S.
3. Codes of Practice can be used as evidence in court to demonstrate what an employer should have been doing to comply with the OH&S Act or Regulations.
4. Standards are only enforceable by law when they are specifically included in a state/territory health and safety regulation.
Who has a Duty of Care to ensure safety in the workplace?
1. Employers
2. Employees
3. Other people such as:
- designers of plant, buildings, and structures
- manufacturers of plant or substances
- suppliers of plant or substances
- installers of plant and machinery
- commissioners/testers of plant etc.
What 4 main issues are the subject of consultation in the workplace?
1. Processes, tools, activities used to identify and assess risks in the workplace and health and safety issues
2. Processes tools, activities used to monitor, control or eliminate any identified risks in the workplace
3. Decisions about the adequacy of facilities provided in the workplace such as toilets, lunchrooms, etc.
4. Proposed changes that may affect the health and safety of workers such as, changes to plant and machinery or substances used.
Define 4 of the following:
1. Designated workgroup
2. Health and safety representative
3. Health and safety committees
4. Site safety supervisor
5. Contract safety supervisors
1. Designated workgroup
A DWG is a group of employees who work together for a common purpose or who share similar work tasks.
The purpose of forming a DWG is so that OHS issues experienced by employees can be represented by a person who is accessible and who understands their needs and environment.
2. Health and safety representative
An HSR is elected by each DWG and works with the employers to monitor and improve health and safety issues in the workplace.
The HSR acts as a link between employees and management and negotiates on health and safety issues. Their functions as detailed in the Act include:
- inspecting the workplace
- accompanying a workplace inspector
- being present at interviews between employers and inspectors (with the employer’s agreement)
- requesting the establishment of an OH&S committee
- issuing Provisional Improvement Notices (PIN)
- bringing in outside assistance into the workplace to help perform their function.
Employers will need to ensure that the OH&S representative attends an initial OH&S training course and a one-day annual refresher course. Employers must pay for these courses and associated costs.
3. Health and safety committees
Health and safety committees may be established if:
- they are requested by the HSR to help maintain site safety
- accompanying a workplace inspector
- there are more than 50 contractors.
4. Site safety supervisor
In addition to promoting safe conduct of site work, the safety supervisor’s duties include the following:
- rectifying any non-compliant site work following an inspection
- correcting unsafe work practices
- checking that subcontractors have complied with all provisions of the Act and regulations.
5. Contract safety supervisors
In addition to promoting safe conduct of site work, the safety supervisor’s duties include the following:
- ensure the Act and regulations are being complied with
- ensure the safe conduct of all site employees.
These safety supervisors are employed by every contractor other than the main contractor.
Hazardous substances and materials under the Victorian Occupational Health and Safety Regulations 2017 are categorised into 4 areas. What are they?
1. Hazardous substances
2. Carcinogenic substances
3. Asbestos
4. Lead
What are 4 roles of Safe Work Australia?
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Which is a good source of information about WorkCover?
1. To coordinate and develop national policy and strategies
2. To assist with the implementation of model work health and safety legislation and reform the legislative framework
3. To undertake research
4. To collect, analyse and report data.
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WorkSafe Victoria contains information about WorkCover.
What are the OH&S Act's 5 key principles?
1. All people involved in the workplace should have the highest level of protection from hazards.
2. Encourage employers to be proactive in promoting health and safety in the workplace.
3. Employers and site managers are responsible for controlling and eliminating all workplace risks that will impact the health and safety of all people involved.
4. All information, tools, processes, and activities on how to control and manage the identified OH&S risks are to be communicated to all workers in the workplace.
5. Employees are encouraged and are entitled to be represented in all aspects of OH&S issues.
What duties does Part 5 of the OH&S Act 2004 outline?
The incidents that require onsite staff to notify WorkCover, and staff duties to preserve the site.
It is critical that staff do not disturb the site where the incident occurred until they have been advised by the WorkSafe inspector.
In Part 8 of the Act, what is an ARREO and when can they gain access to a workplace?
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What 5 other details does Part 8 of the Act provide?
An authorised representative of a registered employee organisation (ARREO) can gain workplace access when it is believed that a breach of the Act has occurred.
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1. Who can become an authorised representative of a registered employee organisation (ARREO)
2. How they can obtain an entry permit
3. Their powers on entering the worksite
4. Offences and sanctions specific to interfering with an ARREO
5. ARREO actions classified as offences
1. What is the purpose of signage on building worksites?
2. What are the requirements for signage?
3. What signage at the following website is most useful for builders?
1. To inform and warn of danger.
2. Signage requirements:
2a. It must be in a prominent position on the site and be able to be read by members of the public from outside the site.
2b. It must be of reasonable size and written in clearly legible letters.
2c. It must contain the name, registration number and contact phone number of the building contractor; and the name and registration number of the nominated supervisor.
3. Your own answers.