The Act
Apart from physical, what does 'health' mean, according to the OH&S Act 2004?
It includes psychological health.
According to the OH&S Act 2004, what is the definition of 'employer'?
'Employer' means a person who employs one or more other persons under contracts of employment or contracts of training.
According to the OH&S Act 2004, what is the definition of 'employee'?
'Employee' means a person employed under a contract of employment or contract of training.
What is the OH&S duty of designers of buildings or structures?
"28 Duties of designers of buildings or structures
A person who designs a building or structure or part of a building or structure who knows, or ought reasonably to know, that the building or structure or the part of the building or structure is to be used as a workplace must ensure, so far as is reasonably practicable, that it is designed to be safe and without risks to the health of persons using it as a workplace for a purpose for which it was designed."
How many chapters are there in the OH&S Regulations 2017?
How many pages are there?
8
612
1. Which Tribunal does the OH&S Act refer to?
2. Which Act covers the Tribunal?
1. Victorian Civil and Administrative Tribunal (VCAT)
2. Victorian Civil and Administrative Tribunal Act 1998
1. What must a self-employed builder do re. OH&S?
2. If they fail to do it, how many penalty units do they incur?
1. A self-employed builder must ensure, so far as is reasonably practicable, that:
Persons are not exposed to risks to their health or safety arising from the self-employed builder's behaviour and work.
2. 1800 penalty units
If there are enough employees:
1. what committee can be formed?
2. who can be elected?
1. Health and Safety Committee
2. Health and Safety representatives
What are the OH&S limitations for building designers?
"162 Limitation on duties of designers of buildings or structures
The duties imposed by section 28 on a person who designs all or part of a building or structure do not apply in respect of any part of a building or structure the design of which is started before that section commences."
What does 'Unauthorised persons and control of access' mean, according to the Regulations?
A detailed description of how the operator ensures security of the facility specifically relating to the precautions taken to control unauthorised entry of persons and the means of controlling authorised entry of persons to the facility.
1. Who is the 'Authority' named in the OH&S Act 2004?
2. Under which 2013 Act does the 'Authority' operate?
3. In OH&S Act 2004, what does 'corresponding Authority' refer to?
1. 'Authority' means the Victorian WorkCover Authority.
2. Workplace Injury Rehabilitation and Compensation Act 2013
3. A federal or state government department or a statutory authority that is responsible for administering a law corresponding to this Act
To keep the law pertaining to the OH&S Act 2004, what 3 things must an employer do regarding worksite safety, employee records, and advice?
(a) Issue individual Safe Work Method Statement (SWMS) for all worksites.
(b) Keep information and records relating to the health and safety of their employees.
(c) employ/engage suitably qualified OH&S persons to provide advice to the employer concerning the health and safety of their employees.
What are some key factors for designated work groups?
1. the number (which must be at least one) of health and safety representatives for each designated work group
2. the term of office (not exceeding 3 years) of each health and safety representative and deputy health and safety representative.
3. whether the health and safety representative or representatives for the designated work group or groups are authorised also to represent independent contractors, or a class of independent contractors.
Give 3 definitions of 'plant'.
1. Any machinery, equipment, appliance, implement and tool
2. Any component of any of those things
3. Anything fitted, connected or related to any of those things
What is a 'Major incident history'?
A summary of:
(a) the major incidents that have occurred at the major hazard facility over the previous 5 years.
(b) the incidents (other than those under paragraph (a)) the operator has been required to notify the Authority of under Part 5 of the Act over the previous 5 years.
Name 4 objectives of the OH&S Act 2004.
1. Secure the health, safety and welfare of employed workers.
2. Eliminate, at the source, risks to the health, safety or welfare of employed workers.
3. Ensure the health and safety of members of the public in workplaces.
4. Involve employees, employers, and representative organisations in the formulation and implementation of health, safety and welfare standards.
What does the employer's 'duty to consult' include?
An employer must consult with their employees who are or are likely to be directly affected by the employer activities, in:
(a) identifying or assessing hazards
(b) making decisions about the measures to be taken to control risks
(c) making decisions about the adequacy of facilities for the welfare of employees
(d) making decisions about the procedures of:
(i) resolving health or safety issues
(ii) consulting with employees
(iii) monitoring the health of employees.
(iv) providing information and training to employees
(e) determining the membership of any health and safety committee
(f) proposing changes, that may affect the health or safety of employees re.:
(i) a workplace
(ii) the plant, substances or other things used at such a workplace;
(iii) the conduct of the work performed at such a workplace;
(2) For the purposes of subsection 1
(a) a reference to an employee of an employer includes a reference to an independent contractor engaged by the employer and any employees of the independent contractor
(b) the duties of an employer under that subsection extend to an independent contractor engaged by the employer, and any employees of the independent contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control.
(3) An employer who is required to consult with employees under subsection (1) must do so by:
(a) sharing with the employees information about the matter on which the employer is required to consult
(b) giving the employees a reasonable opportunity to express their views about the matter
(c) taking into account those views.
(4) If the employees are represented by a health and safety representative, the consultation must involve that representative (with or without the involvement of the employees directly).
What are the 4 main duties of employees in the workplace?
1. Take reasonable care for his or her own health and safety
2. Take reasonable care for the health and safety of persons who may be affected by the employee's acts or omissions at a workplace.
3. Co-operate with his or her employer with respect to any action taken by the employer to comply with a requirement imposed by or under this Act or the regulations.
4. Not intentionally or recklessly interfere with or misuse anything provided at the workplace in the interests of health, safety or welfare.
What are the 4 main duties of plant designers?
1. Ensure, so far as is reasonably practicable, that plant is designed to be safe and without risks to health if it is used for a purpose for which it was designed.
2. Test, or arrange testing and examination of plant.
3. Give adequate information to all relevant people re. - the purpose or purposes for which the plant was designed
- the results of any testing or examination
- any conditions necessary to ensure that the plant is safe, if it is used for a purpose for which it was designed.
4. On request, give such information to a person who uses or is to use the plant.
What sorts of notices can be issued?
Notices about:
1. Procedures in place for providing early warning of a major incident to emergency services, the type of information to be initially provided, and for providing more detailed information as it becomes available.
2. On-site and off-site warning systems.
3. Contact details for emergency services and other support services that can assist in procuring resources, implementing evacuation plans and securing the major hazard facility in the event of a major incident.
4. Communication systems on-site.
1. What does 'workplace' mean, according to the OH&S Act 2004?
2. What does 'place' mean, according to the OH&S Act 2004?
1. 'Workplace' means a place, whether or not in a building or structure, where employees or self-employed persons work.
2. 'Place' includes a car, truck, ship, boat, airplane and any other vehicle used in association with the workplace.
Part 11—Legal proceedings 134 "it is sufficient to allege that any place, whether or not in a building or structure, is a workplace within the meaning of this Act without further allegation".
How does an employer break the law as regards the safety of employees?
When, at workplaces under their control, the employer:
(a) DOESN'T provide/maintain safe plant machinery
(b) DOESN'T make arrangements for ensuring safe use, handling, storage or transport of plant or substances
(c) DOESN'T maintain each workplace in a condition that is safe and without risks to health
(d) DOESN'T provide safe facilities for the welfare of employees at any workplace
(e) DOESN'T provide instruction, training or supervision to employees to perform their work in a way that is safe.
What are 5 ways employees can participate in consultation on OH&S issues?
1. On site
2. Over the phone
3. Fax or email
4. Via site induction, toolbox meetings or by regular face-to-face and recorded meetings
5. One or a mix of the arrangements may be appropriate, depending on the type of work carried out and the site.
Who are all the people involved in plant?
1. Plant designers
2. Plant manufacturers
3. Plant suppliers
4. Plant installers
5. Plant commissioners - these perform necessary adjustments, tests and inspections before the plant starts or re-starts operations.
What do the Regulations identifiy as the main types of 'Fall' hazards?
(a) On any plant or structure being constructed, demolished, inspected, tested, maintained, repaired or cleaned
(b) On a fragile, slippery or potentially unstable surface
(c) Using equipment to gain access to an elevated level or to undertake the task at an elevated level
(d) On a sloping surface on which it is difficult to maintain balance
(e) In close proximity to an unprotected edge
(f) In close proximity to a hole, trench, shaft or pit that is of sufficient dimensions to allow a person to fall into the hole, trench, shaft or pit.