• Health and Safety Representatives (HSRs) replace OHS Representatives, and
• Health and Safety Committees (HSCs) replace OHS Committees.

As part of the transition process WorkCover has approved a gap training course for HSRs who have transitioned from the role of OHS Representative or elected OHS Committee members and who have previously completed the WorkCover Course in OHS Consultation.

WorkCover has also approved the five day initial training course for the newly elected HSRs.

Safety Services Australia are proud to present:

HSR’s GAP TRAINING

Duration: One day

Venue:     Ryde Parramatta Golf Club, 1156 Victoria Road  West Ryde  NSW

Date:       19th March 2012

HEALTH & SAFETY REPRESENTATIVE (HSR) TRAINING

Duration:    Five days
Venue:        Ryde Parramatta Golf Club, 1156 Victoria Road  West Ryde  NSW
Dates:         21-22/27-28-29 March 2012

Safety Services Australia are the training experts.  To register for this and any other training contact 02 9836 3100 or email info@safetyservices.net.au

The duty under the WHS Act means that Officers are to be proactive in ensuring the corporation, club or association complies with its duty.  In demonstrating due diligence officers need to show that they have taken reasonable steps to:

• Acquire knowledge of health and safety issues
• Understand operations and associated hazards and risks
• Ensure that appropriate resources and processes are used to eliminate or minimise risks to health and safety
• Establish and maintain compliance processes
• Verify the provisions and the use of resources as outlined above.

I would be interested to know what questions are being asked by Executive Teams in relation to ensuring that the broad scope of changes under the WHS Act are articulated and understood by Board members.

Are Board members or the senior executive team aware that a work health and safety inspector may ask a corporate director to produce evidence that they are meeting their due diligence requirements during a routine audit inspection?

I would be great to hear feedback from you as to how your Senior Team are coping with this issue. If you need any assistance please contact us on +61 2 9836 3100 or  info@safetyservices.net.au

On 1 January 2012 the new Work Health and Safety Act 2011 (WHS Act), Work Health and Safety Regulation 2011 and codes of practice commenced and replaced existing occupational health and safety laws in New South Wales.

Under the new WHS Act codes of practice are admissible in court proceedings.  This means that courts can now consider a code of practice as evidence of what is known about a hazard, risk or control and can rely on it to determine what is reasonable practicable in the circumstances.

While a code of practice is now admissible in court proceedings a person cannot be prosecuted for failing to comply with a code of practice and compliance through other methods such as technical or industrial standards are relevant. However they must  provide a standard of work health and safety equivalent to, or higher than the code of practice.

There are a number of new WHS codes of practice on the NSW Government WorkCover website that cover a number of specific areas including confined spaces, hazardous manual tasks, labelling of hazardous chemicals and managing noise and preventing hearing loss at work.  Future codes of practice are also being developed by Safe Work Australia and these are listed on the site.

Safety Services Australia can provide guidance about ensuring compliance with the new codes of practice.  Please contact us on +61 2 9836 3100 Info@safetyservices.net.au or   visit www.safetyservices.net.au

Institutions from Universities to training centres have come to realise the benefits of e-learning because it provides a targeted, efficient and credible approach to learning.  E-learning provides organisations with a number of benefits including access to learning across multiple sites, real time feedback and more importantly, it is an easy, informative and exciting way to communicate and learn.

This year Safety Services Australia and Recruitment Australia are excited to offer clients e-learning services that will provide an integrated and customised approach to learning.

e-learning modules can be developed a number of ways, including:

• Designed specifically for an organisation regardless of size
• Forms, procedures and online material can be tailored using company branding
• Training can be related to individual or multiple issues as required
• e-learning can be combined with traditional face to face learning
• Multiple sites across Australia can be reached in real time
• A variety of subjects can be covered including orientation, induction, skills updates and compliance training
• Knowledge levels and competency can be assessed in real time and feedback provided to the organisation and/or the individual.

Organisations that embrace ongoing learning and development equip themselves with the means to not only meet future challenges, but to build the skills level of their employees.  I believe that e-learning will prove an effective method for achieving real results and I look forward to working with clients to develop effective and informative training modules.  More details about our e-learning services can be found here:  www.safetyservices.net.au

In NSW, the summary of Workers Compensation legislation, titled “WorkCover. Watching out for you” is compulsory to be displayed in NSW workplaces as per section 231 of the Workplace Injury Management & Workers Compensation Act 1998.

Contacting WorkCover NSW to download a “WorkCover. Watching out for you” poster.  Make sure you write down the organisations relevant details at the bottom of the poster (i.e. RTW Coordinator and Insurance Agents contact details) and display in prominent location/s throughout the workplace.

• Prevent similar incidents recurring in the future,
• Identify any new hazards, and
• Identify and choose suitable controls.

An incident investigation will assist an organisation to understand and accurately analyse the circumstances and causes of incident to prevent it happening again.

It is important that any investigation occurs as soon as possible. While concern for an injured worker should take precedence over everything else, when incidents involving injury or illness occur, early investigation is essential.  Details are usually more accurate straight after an incident, whereas the more time that passes, details can often become hazy and distorted.

Any incident in which injury or significant property damage occurs should be investigated.  There will also be events usually referred to as ‘near misses’.  A near miss is defines as an accident that almost happened (i.e. a worker slipped but didn’t hurt themselves).  Near misses can be used to prevent more serious incidents.

Causes of incidents are rarely straightforward. When circumstances are examined closely there may be many contributing factors and causes.  The key is to identify those that can be most effectively acted upon to prevent recurrences in the long term.

Incident investigations should always emphasise the long-term elimination of injury, loss or damage.  The focus should be on systems deficiencies.

After identifying causes and factors, suitable improvement actions must be identified and implemented.

The purpose of all these documents is to systematically document from start to finish the step-by-step process that is needed for a work task or activity to be undertaken safely and with minimum harm to the environment.  They should contain information that:

• Describes how the work is carried out,
• Identifies the work activities assessed as having safety or environmental risks,
• States what the safety and environmental risks are,
• Describes the control measures that will be applied to the work activities,
• Describes how measures will be implemented to do the work in a safe and environmentally sound manner; and where required:
  • outlines the legislation, standards and codes to be complied with; and
  • includes a description of the equipment used in the work, the qualifications of the personnel doing the work and the training required to do the work in a safe and environmentally sound manner.

Employers have the obligation to ensure the safety and welfare of their staff while at work and need to be aware of their responsibilities when serving alcohol to staff.  This obligation extends to corporate Christmas celebrations regardless of whether the function is held on work premises.

Workplace Health & Safety Queensland has developed some great tips for employers to ensure a safe and successful Christmas season that includes:

• Reminding staff about workplace policies in particular bullying, sexual harassment and discrimination,
• Serving alcohol responsibly,
• Providing food and non-alcoholic drinks,
• Ensuring underage staff are not served alcohol,
• Choosing a safe venue with access to public transport, provide cab vouchers and encourage nominated ‘non-drinking’ drivers,
• Ensuring wait staff are briefed on limiting or denying alcohol to intoxicated staff,
• Making it clear to staff that the employer’s responsibility ceases at the end of the function and if staff choose to continue the evening, that they are responsible for their own safety, and
• Having Managers set the example by drinking responsibly.

A Bill was introduced to the NSW Parliament on the 5^th May 2011 to amend the current Occupational Health and Safety Act 2000 (Act) to mirror some key parts the national model laws, in the lead up to the 1 January 2012 implementation. The Bill was passed on 1 June 2011 and will offer more clarity and help prepare everyone for the changes.

Major Changes

• NSW Industrial Relations Commission no longer has criminal jurisdiction on health and safety matters.  It has now been transferred to the NSW District and Local Court for all health and safety criminal jurisdiction and the Supreme Court for any indictable cases.
• Increases in fines and penalties.  Up to $3 million for a corporation and up to $600K plus 5 years gaol for its ‘officers’.
• Reverse onus for defence.  Previously you had to prove an employer’s innocence of an offense, now you are innocent until you are proved guilty.
• Under the Occupational Health and Safety Act 2000 (OHS Act), a union official wishing to exercise rights under that Act must be an ‘authorised representative’ (i.e. a person who is an authorised industrial officer under the Industrial Relations Act 1996).  When the model Work Health and Safety (WHS) Act comes into effect in NSW, the concept of ‘authorised representative’ will be replaced by ‘work health and safety (WHS) entry permit holder’.   The model WHS Act provides for the granting of entry permits to officials of employee representative bodies, including both registered employee organisations under the Fair Work Act 2009 and associations of employees or contractors recognised under a state or territory industrial law.

For further information on the new model health and safety laws contact Safety Service Australia Pty Limited, 02 9836 3100 or www.safetyservices.net.au

In NSW there are a few changes under the new WHS laws.  Some of these include:

• The term ‘employer’ will be replaced by the term ‘person conducting a business or undertaking’ (PCBU).
• An ‘employee’ will be known as a ‘worker’.  This includes labour hire staff, volunteer, work experience student, contractor, sub-contractor, apprentice, trainee and outworker.
• If you are a supplier, designer, manufacturer, importer, or manager or controller of a workplace, you will have specific duties in addition to those as a PCBU.
• Certain volunteers can have the same responsibilities as a worker.
• OHS representatives will now be called health and safety representative (HSR) and will have a few additional functions as well as playing a role in the consultation process between ‘workers’ and ‘PCBUs’.
• A member of an employee representative body can apply for an entry permit to enter a workplace.

If you would like to know more about how the new laws affect you, click on the links below.

PCBU
A ‘person conducting a business or undertaking’ (PCBU) includes a retailer, wholesaler, manufacturer, importer, owner-driver…..

WORKER
A worker includes an employee, labour hire staff, volunteer, apprentice….

HEALTH AND SAFETY REPRESENTATIVE
A health and safety representative makes a significant contribution to ensuring the safety of NSW workplaces.

ENTRY PERMIT HOLDER
Find out how to obtain a work health and safety entry permit

For the latest on the new laws or to register for free workshops and presentations, visit workcover.nsw.gov.au/newlegislation2012

For more information contact Safety Services Australia  029836 3100  www.safetyservices.net.au