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Student Reference Resource
BSBWHS501
Ensure a safe workplace
Table of Contents
• Establish, implement, maintain and evaluate effective and compliant participation arrangements for
managing WHS including identifying duty holders, identifying and approving the required resources
and developing and implementing a training program
• Establish, implement, maintain and evaluate procedures for effectively identifying hazards, and
assessing and controlling risks using the hierarchy of risk control
• Provide information and complete documentation for a WHS management system
• Identify requirements for and request expert WHS advice.
Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.
Required Knowledge Evidence
To complete the unit requirements safely and effectively, the individual must:
• Identify and detail relevant WHS Acts, regulations and codes of practice
• Specify relevant WHS organisational policies, procedures, programs and practices
• Explain hazard identification and risk-management processes
• Describe the hierarchy of risk control and how it is applied in the workplace
• Specify in-house and WHS legislative reporting requirements.
Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent
performance of typical activities experienced by individuals carrying out work health and safety duties in the
workplace and include access to:
• Organisational WHS policies and procedures
• WHS legislation, regulations and codes of practice
• Case studies and, where possible, real situations
• Interaction with others.
Assessors must satisfy NVR/AQTF assessor requirements.
Topic 1 – Establish And Maintain A Whs Management System
In A Work Area
Creating a safe work environment is one of the most important tasks for a manager. A safe workplace
enables the employees to work comfortably without concerns for their own safety. A proactive approach
addresses potential dangers before they become an issue. Get the entire staff involved in workplace safety
issues. Working collectively increases the chances of a safe, productive work environment for all employees.
Step 1 - Assess the risks specific to the workplace. Each workplace holds its own risks and
dangers based on the nature of the work, so a thorough assessment of the surroundings is key.
Step 2 - Create safety policies and procedures that address the identified risks for the workplace.
Ensure that all employees receive training and have access to these policies and procedures.
Step 3 - Conduct background checks on potential employees to check for red flags that could
threaten the safety of other employees.
Step 4 - Inspect the physical space of the workplace to identify dangers. Ensure that all lighting
and safety equipment remain in good working order. Make necessary repairs to the facilities
immediately.
Step 5 - Create a plan of action in case of an emergency. Consider the types of emergencies
that may threaten the workplace. Practice the emergency response with the staff to ensure
everyone understands the procedures.
Step 6 - Establish a procedure for visitors in the workplace. Restricting access without an escort,
checking identification and requiring visitors to sign in are typical procedures.
Step 7 - Establish an environment that encourages open communication. Initiate a zero-
tolerance policy for violence and discrimination to ensure all employees feel safe and free to
express their opinions.1
Communicate WHS
WHS management is comprised of five principles that, if followed, will enable an organisation to locate,
adapt, adopt and communicate WHS policies. These five general principles are:
Commitment
Planning
Implementation
Measurement and evaluation
Review and improvement
Commitment
The leadership and commitment of the organisations management team is an important part of WHS
management and is required to successfully implement a WHS policy.
1
http://smallbusiness.chron.com/ensure-workplace-safety-43152.html
The management team must be willing to participate in an initial review of the organisation’s current WHS
position. They should also be involved in subsequent reviews of WHS. This will help to provide a clear
picture of the organisation’s WHS performance over previous years, including:
Hot-spots, or areas in the organisation that have a higher incidence of injuries
Injury trends (for example, stress or hazardous manual tasks)
Organisational hazards and methods of risk assessment/control
Identification of gaps in current WHS management systems
Compliance with legislative requirements
Communication Planning
When planning WHS policies the first step is to assess the results of the WHS review Once assessed,
management should plan realistic and measurable objectives and targets that fulfill the organisation’s
corporate goals and vision. Plans should include:
Any resources (financial and human) allocated to achieving the objectives and targets
Strategies for informing workers when the organisation’s WHS policies are implemented or
improved
Particulars of any risk management or WHS audit systems that are in place or will be
implemented
The activities necessary to bring the organisation to full compliance with all relevant legislation
Procedures for regularly reviewing the WHS policies
Consultation arrangements for developing or varying WHS policies to fully inform workers and
ensure that their views are represented
Implementation
The effectiveness of a WHS policy will depend on how successfully it has been implemented and integrated
into the organisation’s daily business operations.
Communication and consultation strategies should be put in place so that all workers understand their
responsibilities and the necessity of implementing an effective WHS policy. These strategies may include:
Information meetings
Preparing brochures or booklets detailing the health and safety workplace arrangements
Including information on any internal newsletters or information emails circulated to workers
Placing information on bulletin boards or posting signs in prominent areas of the building
Consultative forums involving workers, worker representatives and unions
Procedures for measurement and evaluation of the policy should be developed in the planning stage. These
procedures should provide information on:
Persons responsible for monitoring and evaluation
Systems developed for measuring WHS performance
Testing methods specific to your organisation – firedrills, evacuation drills, etc.
Audit tools to be used, such as WHS-specific audit tools or internally developed audit methods
It is important to regularly review an organisation’s WHS policies. With changes in work systems, legislation,
technology, organisational structure, chemicals, machinery and plant, it is vital that the Person Conducting a
Business or Undertaking (PCBU) remain aware of changes in their work environment and ensure that the
health and safety of workers are not compromised as a result of these changes.
It is easy to become complacent following the introduction of a WHS policy. This is the reason ongoing
review and improvement is so important—to ensure that WHS performance is continuously improved
wherever possible.
Review of WHS policies may be carried out at any stage following integration with your core business
activities, and can take many forms. For example:
A full annual audit of the effectiveness of the system
Regular monthly reviews following analysis of objectives, targets and performance indicators
A review following hazard inspections
During audit of a particular group, division or branch
As a feedback mechanism from workers following training
Following an investigation into an incident or accident
Any instances of non-compliance with legislative requirements
Changes necessary as a result of the introduction of new technology, plant, equipment,
chemicals or work practices
Sources of Information
Agency-specific documents which detail appropriate practices and procedures for the effective
management of WHS at the workplace, for example:
WHS policies, procedures and agreements
WHS hazard policies and procedures, including prevention strategies aimed at reducing the
incidence of body stressing or manual task injuries
Publications produced by Comcare which may be relevant to your requirements availble at
www.comcare.gov.au
Guidance and fact sheets produced by Safe Work Australia which may be relevant to your
requirements available at www. safeworkaustralia.gov.au
AS/NZS 4801:2001 Occupational Health and Safety Management systems—specification with
guidance for use
AS/NZS 4804:2001 Occupational Health and Safety Management systems—general
guidelines and principles, systems and supporting techniques
Your organisation’s WHS Manager and/or Advisor
The following is a representative listing of some relevant State WHS/OHS legislation in force at the current
time (this will change with harmonisation). The complete list of Acts applicable to an organisation must be
based on the operations of the organisation and the scope of its activities, products and/or services. Always
check further with your state and commonwealth bodies if you are unsure. It is important to note that the
name of the Act or Regulation coupled with the year it was enacted is the total name of the relevant
document, so you should always include the year date, to ensure that it is the correct one.
State & Commonwealth WHS - Statutes & Regulations
ACT NSW
Work Health and Safety Act 2011 Work Health and Safety Act 2011
Work Health and Safety Regulation 2011 Work Health and Safety Regulation 2011
TAS QLD
Work Health and Safety Act 2011 Work Health and Safety Act 2011
Work Health and Safety Regulation 2011 Work Health and Safety Regulation 2011
SA WA
Work Health and Safety Act 2011 Occupational Safety and Health Act 1984
Work Health and Safety Regulation 2011 Occupational Safety and Health Regulations 1996
VIC NT
Occupational Health and Safety Act 2004 Work Health and Safety Act 2011
Occupational Health and Safety Regulation 2007 Work Health and Safety Regulation 2011
Regulations
General WHS/OHS Regulations contain provisions that are designed to help extract the duties and
responsibilities outlined in the principal State/Territory WHS/OHS Acts. Many Regulations adopt a
performance‐based approach but prescribe specific detailed controls for highly hazardous areas.
Some regulations are activity‐specific such as those covering work in confined spaces. Others may be
compliance regimes for specific hazards such as noise or specific to particular processes. Other regulations
may be specific to particular industries.
Codes of Practice
An Approved Code of Practice is an expert practical guide for achieving the standard of safety required by
WHS/OHS legislation for a particular area of work. A Code of Practice provides further information on the
duties referred to in the Acts and supplementary information on safe work practices, on how employers may
meet safety requirements and fulfil their duty of care to workers. Codes of Practice spell out the duties of
employers and other groups in controlling risks associated with specific hazards.
Workers/supervisors must be familiar with the content of Approved Codes of Practice that are applicable to
their work area and should be able to accurately explain their implications to the workgroup.
Many Codes of Practice have been or are currently being redrafted through Safe Work Australia
http://www.safeworkaustralia.gov.au/sites/SWA as Draft Model Codes of Practice and can be viewed on the
website.
Codes of Practice are not legally enforceable in themselves, but can be used as evidence in court to show
whether or not an employer has satisfied an WHS/OHS Act or Regulation or the employer’s common law
duty of care.
Codes of Practice:
Provide practical guidance
Should be followed unless another solution achieves the same or better results
May be used in support of preventive and controlling measures
Codes of Practice, like Regulations, are written in conjunction with the WHS/OHS legislation (and
Regulations) to support and enable workers to gain an understanding and work instructions that allow them
to recognise the WHS/OHS requirements in a particular area of their work.
Codes of Practice are specific individual work instructions or advice that give clear definitions and
instructions of how an area of work should be treated, managed or performed. Many of these Codes are
written to specific industries where health and safety at work are of special concern, such as the
construction, mining, rural and manufacturing industries. There are, however, also a number of Codes written
which could be considered “generic” because they are used across many or all industries, such as the
Queensland Codes of Practice for First Aid 2004 and Children and Young Workers 2006.
The following section relates to the definitions and responsibilities of duty holders and workplace personnel.
The information below is from the Comcare website and is the Australian Governments definitions of the
Roles and Responsibilities of WHS duty holders.
The Worker
WHS practitioners are workers. The WHS Act adopts a broad definition of ‘worker’ to recognise the
changing nature of work relationships and to ensure health and safety protection is extended to all types of
workers. A worker includes:
Employees
Independent contractors
Sub-contractors
Outworkers e.g. Home based
Apprentices
Work experience students
Trainees
Volunteers who work in employment like settings
Volunteer means a person who is acting on a voluntary basis (irrespective of whether they receive out-of-
pocket expenses):
The WHS Act specifically protects volunteers in their capacity as workers
Ensures that volunteers are not discouraged from participating in community-based activities
Take reasonable care that their acts or omissions do not adversely affect the health and
safety of other persons
Comply, so far as the worker is reasonably able, with any reasonable instruction given by a
person conducting a business or undertaking to allow the person conducting the business or
undertaking to comply with the WHS Act
Cooperate with any reasonable policy or procedure of the person conducting the business or
undertaking which relates to work health or safety and that has been notified to workers
" WHS duty holders." Web. 21 May. 2015
http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/.
The PCBU
The principal duty holder is a ‘person conducting a business or undertaking’ and has replaced the term
‘employer’. PCBUs include the Commonwealth, Commonwealth Authorities, non-Commonwealth
licensees, principal contractors, and will, in some cases, necessitate an analysis to understand who is a
PCBU in a particular factual context under the WHS laws.
The duty of a person conducting a business or undertaking is probably the most significant conceptual
change from the majority of previous OHS Acts. For the public sector, it means that every activity is
captured, both policy and operational.
This change is aimed at ensuring that the WHS Act coverage extends beyond the traditional
employer/employee relationship to include new and evolving work arrangements.
PCBU replaces current duties of:
Employer (to employees)
Employer conducting business or undertaking (to others)
Self-employed person (to others)
The WHS act also places specific upstream duties on PCBU’s who carry out specific activities:
Persons with management or control of a workplace/fixtures, fittings and plant
Designers, manufacturers, importers, suppliers and PCBU’s that install construct or
commission plant or structures
Duties extend to any PCBU who is contributing to work has a duty of care. This can be more
than one duty in relation to specific activities
‘Volunteer association’ (as defined) is not treated as a business or undertaking
" WHS duty holders." Web. 21 May. 2015
http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/ .\
Multiple PCBUs
A PCBU retains overall responsibility for workplace health and safety even if they contract out
activities to others under their duty of care obligations. The WHS Act provides that a person can
have more than one duty by virtue of being in more than one class of duty holder and that more
than one person can concurrently owe the same duty.
If more than one person has a duty of care for same matter, then each person:
Retain responsibility for their duty in relation to the matter
Must discharge their duty to the extent the matter is within the person’s capacity to
influence or control
Must consult, cooperate and coordinate activities with all other persons who have a
duty in relation to the same matter
" WHS duty holders." Web. 21 May. 2015
http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/.
Ensuring effective consultation processes are built into the business through its
systems, policies and procedures
Engage with workers by being visible and open to feedback and ideas
" WHS duty holders." Web. 21 May. 2015
http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/
The Officer
An officer is a senior executive who makes, or participates in making, decisions that affect the
whole, or a substantial part, of a business or undertaking. Officers have a duty to be proactive and
continuously ensure that the business or undertaking complies with relevant duties and obligations.
The scope of an officers’ duty is directly related to the influential nature of their position. A high
standard requires persistent examination and care to ensure that the resources and systems of the
business or undertaking are adequate to comply with the duty of care required under the WHS Act.
This also requires officers to ensure that delegations are working effectively. Where the officer
relies on the expertise of a manager or other person, that expertise must be verified, and the
reliance must be reasonable.
The intention of the officers’ duty is to ensure engagement and leadership by officers in WHS
management, better providing for sustainability and improvement in WHS performance.
Officers of PCBUs that have a duty or obligation under the WHS Act must exercise ‘due diligence’
to ensure that the person conducting a business or undertaking complies with that duty or
obligation.
" WHS duty holders." Web. 21 May. 2015
http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/
Duties of Others
All other persons at a workplace, such as visitors or customers, have health and safety duties. They
include:
Taking reasonable care of their own health and safety at the workplace, and ensuring
that their acts or omissions do not adversely affect the health and safety of others at the
workplace.
Complying, so far as they are reasonably able to, with any reasonable instruction that is
given by the PCBU to allow the PCBU to comply with the WHS laws.
" WHS duty holders." Web. 21 May. 2015
http://www.comcare.gov.au/promoting/roles_and_responsibilities/WHS_practitioner/
Managing Hazards
Workplace hazards exist in all workplaces and organisations. The WHS Act and regulations require PCBUs
to implement risk management practices, including systems to identify hazards, and then assess and
eliminate or control the risks arising from these hazards.
A hazard is an object or situation that has the potential to cause harm, resulting in injury, illness or damage
to property. A risk is the likelihood that a hazard may cause harm. Everyone has responsibility for reporting
hazards they identify at work, and this is critical for maintaining a healthy and safe workplace.
It may be your responsibility to implement and monitor procedures for identifying hazards and assessing
risks. Every organisation will have procedures in place to identify and monitor its workplace hazards and
risks. It is very important that you adhere to these organisational procedures. This will help to ensure
procedures for hazard identification and risk control are known and complied with within your workplace
Non-compliance may result in harm or permanent injury to workers or visitors to the workplace. For example,
carpet or lino that has come unstuck may cause someone to trip; chemical spills that remain on a factory
floor may cause a fall; or a poorly maintained air-conditioner may result in a polluted environment that
causes an asthma attack.
The role of health and safety representatives (HSRs) is to consult with workers through informal and formal
discussions at worker meetings and via surveys to identify WHS issues that need to be resolved. HSRs
provide information to managers, supervisors and workers. They usually represent workers in relation to
WHS issues and may have authority in some cases. HSRs need to have a wide range of WHS knowledge,
including:
The organisation's current requirements and obligations in accordance with legislation,
regulation and codes of practice
How to conduct WHS induction
The types of incidents that are notifiable
Requirements for consultation in the workplace
How to advise on safe work practices
The process for WHS audits and accident investigations
All organisations are required to ensure that WHS issues are dealt with promptly and in accordance with the
law. The legislation does not require all organisations to have an HSR, however, an HSR must be appointed
if requested.
Health and safety committees (HSCs) bring together management and workers to focus on WHS issues.
Under the Work Health and Safety Act 2011 (Cth), an HSC must be set up within two months of being
requested to do so by an HSR or five or more workers in the workplace.
This legislation also requires an HSC to meet every three months and at any reasonable time if requested by
at least half of the committee members. PCBUs must allow each committee member to attend a scheduled
meeting.
HSCS play an important role in an organisation by:
Facilitating cooperation between the PCBU and workers on health and safety
Discussing identified WHS problems
Consulting with workers and making recommendations aimed at improving health and safety in
the workplace
Assisting in developing health and safety standards, rules and procedures
Monitoring and reporting on WHS performance (including compliance with legislation and
workplace policies and procedures)
Other Duty Holders
To ensure that you are compliant with WHS legislation and regulations, a planned, systematic and well-
documented WHS management system must be in place. The system must be appropriate for the business
and its activities and must enable relevant workplace information and data to be examined to identify
hazards and assess and control risks.
As a health and safety officer, you will need to consult with your team and other stakeholders to determine
their priorities for resources.
Human Resources
People are the most important resource for any WHS action, after all, WHS is about maintaining the safety of
people in the workplace. Implementing WHS initiatives and systems requires both financial support and
human resources. Some of the WHS human resources that may be required in an organisation will include:
The health and safety committee (with regard to WHS legislation and regulations)
Specialist health and safety representatives
Emergency wardens
First-aid officers
Compliance officers or auditors
Managers, supervisors and workers
Funding WHS Initiatives
To implement a WHS system can be implemented and maintained without adequate financial support. For
example, finances are needed for the employment and salary of a health and safety officer, to fund training
courses, to purchase physical WHS resources (such as personal protective equipment) or for upgrading
equipment.
Sufficient money must be allocated to allow for these ongoing costs, as well as an allowance for unforeseen
WHS events during the budget period.
Depending on the organisation, most resourcing decisions require the approval of a person with the authority
to approval financial expenditure. An approval generally requires you to present a detailed cost breakdown of
exactly what the program entails and the expected outcomes of implementation.
When determining whether or not to approve an initiative, you will need to consider the following:
Will this initiative assist the organisation in meeting statutory requirements?
Will this initiative assist the organisation in meeting its strategic WHS objectives?
Are all the costs associated with planning, implementing and evaluating accounted for?
What benefits will the organisation gain from this initiative?
Topic 2 - Manage WHS in a Work Area
Work health and safety laws require PCBUs to consult with workers regarding health, safety and welfare
issues at work. Workers also have a right to be involved in health and safety matters and may elect to be
represented by a health and safety representative (HSR) for their work group. Consultation is vital and is
required by law on any matters of WHS in any organisation.
Participative Arrangements
Developing and implementing health and safety policies and procedures requires the support of workers.
You will be more likely to have workers participate in implementing any new initiatives if they have been
consulted and feel their opinion has been valued.
When identifying health and safety issues workers are very important. The become aware of potential
hazards because they are performing these tasks every day. Effective participation from all workes can bring
potential hazards and solutions for these to the attention of management
A healthier work environment and improved morale and productivity can be achieved when the PCBU and
workers collaborate on health and safety issues. A strong health and safety culture is one where workers
believe their leaders are committed to health and safety and that any input workers have into the
development or review of systems, policies and procedures is valued and followed. participative
arrangements benefits WHS/OHS in many ways.
These include:
It helps PCBUs to become more aware of hazards and health and safety issues experienced by
workers
It improves management decisions regarding health and safety
It enables workers to provide suggestions about how to address health and safety problems and
contribute to determining how the work can be done safely
It may result in greater PCBU and worker commitment to health and safety and increased
ownership of work outcomes
It promotes increased openness, respect and trust between management and workers through
developing an understanding of each other's points of view
It may help reduce injury and disease because of timely intervention
Mechanisms
Health and safety consultation is a two-way process. Workers need a provide feedback regarding health and
safety matters, and they need to have the tools and methods in which to do this. You must ensure you
provide health and safety updates to workers at all times and within acceptable timeframes. For consultation
to be truly participative, you need to consider each of the following points:
The worker location and how they can contribute to health and safety issues; for example,
whether they are on site, in a remote location or working from a home office
The nature of the work; for example, whether it is flexible, inflexible or systematic
The times workers are available; for example, during business hours, on shift work or rosters
The diversity of workers; for example, intellectual and physical capabilities, or domestic
responsibilities
You will need to establish monitor systems to ensure you monitor consultative arrangements to see how they
may be improved; this is vital to continuous improvement in your organisation. You can achieve this by
asking workers for feedback and discussing the ways in which the arrangements can be improved. You may
also seek advice from a health and safety specialist to determine whether your arrangements are as effective
as possible.
Workers need to provide feedback to PCBU’s on health and safety matters and below is an example of the
types of issues and how they can be reported.
Identify or assess hazards or risks - Tell the HSR
Make suggestions about how to control risks - Tell the health and safety officer
Provide suggestions for resolving health and safety issues - Include the issue on the agenda for
the next health and safety meeting
Write a complaint or raise an issue and place it in the suggestion box - Discuss the issue at a
staff meeting
Propose changes to the workplace to improve their health and safety - Arrange a toolbox
meeting
Establishing and maintaining communication between management, HSRs, health and safety officers,
committees and workers is crucial. Below are some of the methods that can be used to provide workers with
information:
Regular meetings with HSRs and HSC members
Regular workplace inspections and safety audits
Hazard identification and risk assessments
Health and safety issues on the agenda for every staff meeting
Regular consultation with the health and safety officer
Intranet notification system for WHS issues
Suggestion box
Health and safety signage and notices throughout workplace
Formal health and safety issue resolution processes
Just because your organisation has put in place health and safety participative arrangements, it does not
mean they will be effective. The common failures of participative arrangements include:
A strong legislative focus without consideration for workplace circumstances and culture
A lack of PCBU commitment to health and safety consultation
Insufficient management capacity to adopt and support appropriate participative arrangements
A lack of integration with other systems in the organisation
Once the health and safety issues have been raised through the use of participative arrangements and
consultations you will need to appropriately resolve them. These resolutions must be done according to
relevant WHS legislations. In this section we will go through the steps that will need to be take in order to
resolve any issues.
The hazards or issues need to be established and clearly defined. They should be considered in the
following terms:
Potential outcomes for harm
The context of the workplace (ie people, plant, substances, the systems or work activities in
place etc)
Current processes in place
Technology and resources available
Consider what needs to be done in order to manage the identified issues. This could include:
Changes to the work system, processes or methods
Information and training
Risk management strategies, e.g., Manual handling, noise, hazardous substances
Resources to be provided
Researching new technology
The role and responsibilities of involved parties
Supervising and reviewing the program
WHS/OHS programs should specify objectives in order to determine their success. Objectives should be
specific, measurable and achievable. They should also make reference to time, cost and quality
requirements where applicable.
Programs should be reviewed at the end of the stated time frame, however it is usually necessary to monitor
the program on an ongoing basis to enable problems to be dealt with as they arise, or modifications to be
made if required. For example, additional resources may need to be allocated, a certain type of training may
be required, new information or legislation may affect current actions, etc.
Mechanisms should be established to enable employees and supervisors to express their concerns about
any aspect of the program. The WHS committee and/or WHS representative should be involved in this
process to strengthen consultation and commitment.
Programs must be flexible. Once in place they must be reviewed to ensure their objectives are being met in
effectively promoting health and safety in the workplace.
The WHS committee representative should have a role in the process of review and evaluation. They can
then make recommendations to management about what should be done in the future to enable continual
improvement or take corrective action. This should be done with direct reference to the stated program
objectives or performance measures.
One method of evaluating the program could be for the WHS committee representative to survey employees
and supervisors about the effectiveness of the program at the end of a designated period.
If the program is successful and a decision is made to continue with it on a permanent basis, periodic review
is important. Changes in technology, legislation and work systems may result in improved prevention and
control strategies.
In order for your organisation and yourself to establish a suitable Health and Safety management system, it
is important that you and your staff are fully aware of the requirements for Occupation Health and Safety,
Industry Code of Practice and the Standard Operating Procedures which are set by your organisation and by
the government in general.
Provide Information on Outcomes of Participation and Consultation
Consultation
Consultation is defined in the Workplace Health and Safety Act/Occupational Health and Safety Act as the
sharing of relevant information on occupational health and safety where employees are given the opportunity
to express their views and contribute in a timely fashion to resolution of workplace health and safety issues.
Consultation means that employees’ views are valued and taken into account by the business.
Consultation needs to be a two-way communication that allows for employees to contribute to the
decision-making which affects their health, safety and welfare. Consultation is not the same as
negotiation.
Employers must consult with their employees in the following situations:
When determining how the consultation process will take place
In the assessment of risks and the review of risk assessments previously conducted
during the introduction or change of procedures used for monitoring risks, for example, health
surveillance
When making decisions about the adequacy of welfare facilities
When proposed changes are made to premises, work methods, plant or substances which
may affect the health, safety or welfare of employees at work
When making decisions about consultation procedures
Consultation provides an opportunity to share with other workers information and participate in meaningful
discussion on work health and safety matters. Using all staff members and their skills and knowledge makes
for a safer and healthier workplaces, as well as better decision-making.
There are certain circumstances in which you must consult with workers on all occasions including when:
Undertaking risk management activities
Proposing changes that may affect workers
Making decisions about any work health and safety procedures
The adequacy of facilities for the welfare of workers
The Act lists a variety of circumstances in which you MUST consult. Under the Act it states that:
A person conducting a business or undertaking must consult with workers when:
Identifying hazards and assessing risks arising from the work carried out or to be carried out
Making decisions about the adequacy of facilities for the welfare of workers proposing
changes that may affect the health or safety of your workers, and
Making decisions about procedures for consulting with workers; resolving health or safety
issues; monitoring health of your workers; monitoring the conditions at the workplace and
providing information and training for your workers
However, it may be useful to also consult workers about matters that are not listed above, for example
when conducting investigations into incidents or ‘near misses’.
Regular consultation is better than consulting on a case-by-case basis only as issues arise because it
allows you to identify and fix potential problems early.
“Requirements To Consult With Workers.” Web. 21/05/2015
http://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/624/Work_Health_and_Saf
ety_Consultation_Cooperation_and_Coordination.doc
Communicating Appropriately
When communicating the outcomes of health and safety consultation, consider the specific needs of
individuals and groups within the workplace. Before you communicate health and safety information, ask the
following questions:
What is the purpose of the communication?
What outcome am I trying to achieve with the communication?
What are the information requirements of the audience (for example, what do they already know
and what do they need to know)?
What format will be best received by the audience?
What diversity exists in the area? Do I need to consider providing communication in a language
other than English? Do I need to provide the communication verbally and in written form, or use
diagrams and pictures?
Does the communication need to be supported by appropriate workplace signage or warning
signs?
Health and safety information should be in a format that is accessible to all those who need it. You should
ask yourself the following questions in order to determine if all workers have equal access to information:
Does everyone have access to the Internet or an intranet?
Can everyone use email?
Do remote, and home-based workers have special requirements?
Are there any casual or contract workers who may be affected?
Do any workers have language barriers or diverse levels of understanding?
You should ensure you provide health and safety information when workers are more likely to absorb the
information and respond appropriately. When a matter requires prompt and immediate action, such as
following a dangerous incident, emergency communications systems should provide information directly to
each affected person. Information of a less urgent nature, such as outcomes of a recent committee meeting
can be communicated to recipients at regular intervals via the organisation's standard reporting procedures.
Topic 3 - Procedures for Identifying Hazards, Assessing and
Controlling Risks in a Work Area
Every industry has specific job-related hazards. For example, there are potential hazards when scuba-diving,
spray painting, working in a mine, working in a hospital, serving food in a restaurant or working in an office.
For this reason, each industry has legally enforceable regulations relating to its particular needs and
hazards. Codes of practice provide advice on how to meet regulations. Many codes of practice are relevant
to all organisations, such as:
First aid (accessing a first-aid kit and appointing first-aid officers)
Noise levels in the workplace
Manual handling
Storing and handling dangerous goods
Hazardous substances
Cash in transit
Air quality
Ultraviolet radiation exposure from sunshine
Dangerous Occurrences
The PCBU must report any dangerous occurrence immediately to the health and safety regulator in their
state or territory. A dangerous occurrence, also known as a near-miss, is a situation where there is, or could
have been, an immediate and significant risk to any person in the workplace. There does not need to be any
injury or damage for an event to be considered a dangerous occurrence.
Identifying Hazards
PCBUs have a legal responsibility to identify and control workplace hazards, either by eliminating the hazard
or, by minimising the hazard's effects. When hazards are identified, you can take steps to minimise any risk
from the hazard, making the workplace safer.
2
http://www0.health.nsw.gov.au/policies/pd/2013/pdf/PD2013_050.pdf
A hazard is defined as anything that may cause harm, injury or ill health to any person in the workplace.
Identifying hazards is the first step in the risk management process. To ensure the process of hazard
identification is accurate and comprehensive, it should be carried out as a single task and not in conjunction
with, other tasks.
It is absolutely vital that you consider hazards that may not be obvious; for example, sitting in the same
position carrying out the same task for an extended period of time can cause occupational overuse
syndrome; bullying in the workplace can cause poor staff morale and illness; and staff illness may be the
sign of poor air quality in the work environment.
Procedures for identifying and reporting hazards should include details about the processes the PCBU, and
workers should follow. Hazard reporting forms should be available to all workers and should be located in a
place that all workers have access to.
Worker reports are one of the most effective ways to identify hazards. Workers have a legal responsibility to
report any identified hazards to the PCBU who is legally required to take corrective action on those reports.
There are no alternatives to this situation; it is the law, and each worker should play their part in assisting to
maintain a safe work environment. There are also many other ways that you can identify hazards, including:
Regular workplace inspections
Results of accident investigations
Evaluating reasons for poor quality outputs
Industry information bulletins
Reports from customers or visitors to the workplace
If you are responsible for identifying hazards, you become familiar with the work environment. You need a
good overview of the team's duties, work practices and procedures, the equipment they use and the work
environment. You might need to ask the following questions in order to become familiar:
Which parts of the work environment move?
What substances are used?
What equipment is used?
Is there anything that you or others do that could be hazardous?
Do work procedure shortcuts follow all safety procedures?
Could anyone be hurt by modifications that have been made to tools or equipment?
Does everyone still take as much care with workplace practices and procedures as they did
when they first started in the workplace?
What happens when cleaning, maintenance or repairs are done?
Is there anyone inexperienced or untrained working in the team?
Conducting Formal Workplace Inspections
Management, HSRs or members of the HSC may carry out inspections by performing a walk-through survey.
This involves walking through a work site to gather information about the work team and their work practices.
Creating checklists that are tailored to specific work environments can help provide a structure for collecting
detailed information on equipment, processes and work areas for evidence of potential problems. Other
sources of information to aid hazard identification may include:
Reports and compensation claims - Reports about equipment failure, accidents and dangerous
incident (near miss) reports, as well as compensation claims, may help you to determine
workplace problems such as broken equipment, excessive noise, poor air quality, poor safety
signage or lack of safety instructions.
Undertaking a job safety analysis - A job safety analysis (JSA) is a comprehensive tool used to
identify each part of a work process to identify potential hazards and evaluate appropriate control
measures. Each task should be separated into its component parts to identify any potential
hazards; for example, a forklift operator drives the forklift across a warehouse, unloads items
from the back of a tray truck and moves them to an overhead storage rack.
Brainstorming - Brainstorming is the process of conducting group meetings with people who are
familiar with the operation of the area under review. Encourage workers to provide details of any
hazards they are aware of. The process must be non-threatening, with all suggestions listened to
respectfully. Record all information relating to hazards and sort the results into priority order.
Industry associations - WHS is often raised at industry association meetings or during informal
discussions before or after meetings. You may gain useful information by attending such
meetings. Notes from meetings are often made available to the general public through bulletins
and safety updates.
Manufacturers' manuals - Manufacturers' instruction books and safety data sheets (SDSs)
provide advice and warnings regarding WHS hazards. It is important to ensure all instructions
are understood and followed by all workers. Manufacturers' information, including SDSs, should
be reviewed to ensure all equipment is the safest available, and there are no hidden hazards.
Managing Hazards
Risk Analysis
Risk analysis is a key step in the process of managing workplace hazards. Risk analysis enables the
organisation to determine what is needed to control risks.
Risk analysis involves:
Identifying the source of any identified risks
Identifying the impact of risks on the workplace environment
Considering the likelihood of the risk occurring
Estimating the consequences and likelihood of the risk occurring also rely on using information from the work
environment and other appropriate sources; for example, information from an industry association or WHS
specialist.
PCBUs, health and safety experts and workers should all be involved in the risk analysis and control
process. Consultation is important to establish the context of the risk and determine its potential impact.
A risk management process should be implemented and repeated at regular intervals to ensure all hazards
have been identified, risks have been assessed, and adequate measures have been taken to control those
risks.
Assessing Risk
Assessing the risk of each hazard is the next step in a risk management process. Look at the potential
consequences of exposure to the hazard and the likelihood of the hazard occurring. The combination of
these produces a level of risk.
Before you can control the risk, you must decide on your priorities. Determine what you need to do
immediately, in the short term (within a couple of weeks), in the medium term (within a couple of months) and
in the long term (over the next year). To do this, determine:
The severity of the risk
The number of people affected by the risk
How easily it can be controlled
Other benefits that may result from controlling the risk; for example, increased productivity
Your organisation's policies and procedures regarding risk priorities
There are a number of ways to control risks, but the most effective is to apply the hierarchy of risk control.
The ways of controlling risks are ranked from the highest level of protection and reliability to the lowest. This
ranking is known as the hierarchy of risk control. The OHS/WHS Regulations require duty holders to work
through this hierarchy when managing risk under the OHS/WHS Regulations. We will go into more detail
later in this resource.
Changes in the workplace occur frequently. These changes may introduce new hazards, and, therefore,
change the risk level of existing hazards. Workplace changes may include:
Changes in staffing
Changes in property
Changes in work practices
When changes occur, PCBUs have a legal responsibility to consult with workers on the effects these
changes may have on WHS. Any new risks must be assessed and controlled.
Before implementing any proposed change, you will need to ensure your risk management processes are in
place for:
Identifying hazards
Assessing risks
Implementing control measures
When hazard identification occurs at an early stage of the planning process, you will be able to invest time
and effort in designing safe work systems, leading to a reduction in hazards when the change is
implemented.
Developing and implementing risk controls relies on effective analytical and problem solving skills as you
read through relevant workplace information and data to identify and assess hazards, and then decide what
type of risk control action to take.
WHS legislation requires ongoing risk management to minimise the impact on workers' health and safety.
PCBUs must develop and maintain procedures that find the most appropriate way of eliminating or reducing
any risks identified.
Control measures can be sorted into categories with the most effective strategies listed at the top and the
least effective at the bottom. This list of categories is collectively known as the hierarchy of risk control.
Select control measures from as high on the hierarchy as possible.
Types of Controls
There are many methods that you can use assist in controlling risks and hazards in the workplace. There are
techniques, tools and processes for identifying and controlling health and safety hazards and risks, which
include:
Hazard and risk checklists
Hazard hunts
Job safety analyses
Manifests and registers, including for dangerous goods, hazardous chemicals and plant
Safe work method statements
Surveys using questionnaires, interviews and other survey techniques
Workplace inspections and walk-throughs
You may find that risk control measures that are in place for some hazards may not be adequate, or they
may become ineffective as conditions or circumstances change.
An important part of a PCBU’s responsibilities is to assess the effectiveness of risk controls, identify
inadequacies and report risk control inadequacies according to the organisation's policies and procedures.
It should not be assumed that risk control measures will always be adequate to solve a problem. New or
existing risk controls should always be checked in case they do not effectively protect health and safety.
Newly implemented risk controls should be tested in some way before workers begin using the new system if
this is feasible. In the case of existing controls, changes in work practices may inadvertently introduce new
risks or undermine the efficacy of existing risk controls. Checking the methods chosen to solve WHS
problems is known as ‘monitoring and evaluation of risk controls’.
This can be done using the hazard identification procedures already covered—for example, by asking
workers whether they are aware of on-going risks, making observations and taking relevant measurements.
If deficiencies are found in risk controls, or better ways are found to fix a problem (‘better’ in this sense
means using strategies from further up the hierarchy of risk control), management should promptly provide
sufficient resources to enable the risk to be properly controlled. Risk management is not an optional process
to be carried out when the employer has time—it should be built into routine procedures such as purchasing
and induction.
PCBUs may need to call on specialists for advice. However, it is important to evaluate their expertise and the
relevance of their experience to the particular industry, problem and work context. It is also important to
clarify how the specialist will interact with the work group to obtain the required information. A specialist
working in isolation without any input from workers may result in flawed evaluations and inappropriate
recommendations.
Topic 4 - Evaluate and Maintain a WHS Management System
All workers must complete WHS induction training and ongoing refresher courses throughout the life.
Preparing new workers for their job roles and ensuring they understand all relevant WHS policies and
procedures and how they can contribute is also a legal responsibility of all PCBUs.
Training programs should ensure workers are equipped to perform their roles in a safe manner with minimal
risks to themselves and others.3
New workers should be provided with a full induction and training program.
Ongoing Training
Under WHS legislation and regulations, workers must attend mandatory training programs on such topics as:
WHS compliance requirements
WHS consultation for HSRs and HSCs
3
http://www.safeworkaustralia.gov.au/sites/swa/about/publications/Documents/645/Worker%20representation%20and%20participation
%20guide.docx.
WHS duty of care for PCBUs
WHS risk management for PCBUs and team leaders
Availability of first-aid officers or fire wardens
Industry-specific training (for example, working in confined spaces, working with infectious
materials)
Emergency procedures
Ongoing or refresher training may be required for workers who are involved in specialist activities that require
specific licensing or regulatory requirements; for example, operating mechanical aids such as forklifts, cranes
and other heavy machinery.
Training may be conducted by internal training personnel or a health and safety officer in the workplace. In
some cases, training may need to be provided by an external training provider at an external location or by a
WHS, management specialist.
Records are the means by which duty holders can demonstrate compliance with their duties and obligations
under the model WHS Act and model WHS Regulations. Records can be used to assist duty holders to
implement and maintain risk control measures and provide useful information when it comes to reviewing
work health and safety performance.
There are legal obligations to keep and maintain some work health and safety-related records for specific
periods. These record-keeping requirements currently vary across jurisdictions. They may cover, for
example, specific record-keeping requirements for risk assessments, risk controls, work health and safety
training, and in relation to monitoring workers’ health. Some regulations also place record-keeping
requirements on upstream duty holders such as designers and manufacturers. 4
To make sure your organisation complies with WHS legislation, you must ensure WHS records are stored
and maintained in a simple and easy-to-read format. It is important to be able to analyse and review WHS
and relevant worker records. The types of records kept by the organisation must meet legislative reporting
requirements and the organisation's needs from a WHS management perspective. Records must be stored
securely and are subject to the same privacy requirements as any other worker records.
Storing and maintaining WHS records enables an organisation to meet its legislative obligations and
effectively review and analyse information about WHS. These records also provide a useful tool for
management decision-making because the records can be analysed to indicate WHS priorities and activities
in the organisation.
4
http://www.comlaw.gov.au/Details/F2011L02664/Explanatory%20Statement/Text
Consultation, such as:
Meetings of health and safety committees
Work team meeting agendas, including WHS items and actions
First aid/medical post records
Hazardous chemicals registers
Induction, instruction and training
Manufacturer and supplier information, including dangerous goods storage lists
Plant and equipment maintenance and testing reports
Workers’ compensation and rehabilitation records
Workplace environmental monitoring records
Your organisation will have set documentation that must be kept, and it will be your responsibility to ensure
these records and completed, maintained and stored effectively.
A quality systems framework is the organisational structure, procedures, processes and resources needed to
implement quality management. In a WHS context, the quality systems that must be adopted by an
organisation and addressed in their WHS policies and procedures include the following:
ISO 9001:2008 Quality management systems is the benchmark for organisations with quality
management systems in place, ensuring all systems, processes and procedures are of the
highest standard and embrace the concept of continuous improvement
AS/NZS 4801:2001 Occupational Health and Safety (OHS) management systems provides the
specifications for, and application of, best-practice health and safety management systems
ISO 14001:2004 Environmental management systems details management specifications for
sustainability and environmental impact reduction
AS/ NZS ISO 31000:2009 Risk management - principles and guidelines provides an overall risk
management approach specification for organisations and industry, beyond (but inclusive of)
WHS systems
When evaluating your WHS system against quality standards, use a mix of proactive and reactive monitoring
systems to evaluate the extent to which relevant policy, procedures and objectives are being met. You will
need well-developed problem-solving skills to identify and practise the required proactive and reactive
monitoring.5
Measuring Performance
To determine whether objectives are being achieved, you can measure performance by using a mixture of
lead and lag indicators.
5
http://whc.unesco.org/uploads/activities/documents/activity-113-2.pdf
A lead indicator enables an organisation to take pre-emptive actions to improve the chances of
achieving strategic goals.
Lag indicators, on the other hand, are statistics or information that follows an event that has
already occurred.
All organisations must continually find ways to improve their organisational safety to reduce the risk of worker
injury and illness.
Continuous improvement focuses on preventing problems, corrective action and performance to enhance
health and safety in the workplace.
In a WHS context, continuous improvement is the process of improving the WHS management system to
achieve enhancements in overall performance. This is achieved by regularly reviewing the organisation's
policies, procedures and practices embodied in its WHS action plan.
Proactive Response
Senior management should adopt a proactive response to planned and sustained WHS initiatives. If the
organisation is typically reactive in its response, this can be a sign that the WHS management system is
failing.
Proactive responses include researching new and more effective equipment, systems and work practices,
and consulting with industry or WHS specialists for advice on how to address the new requirements.
Continuous improvement will mean you are continually reviewing your organisations WHS management
system and thereby ensuring you are not reactive in response to issues.
You may review the organisation's WHS system by analysing its ability to meet WHS objectives and
performance targets. Examples of WHS objectives may include the following:
Ten per cent reduction in lost time incidents for the year
Reduction in unplanned absences by three days per worker per year
Improvement in WHS compliance performance by 10 per cent in all areas of the organisation
Action Plans
Action plans are a key tool in continuous improvement processes, and should be used to record actions and
accountability issues and include information on reporting channels and follow-up instructions.
Consultation is crucial during the improvement process. Consultation with workers may reveal that protective
equipment is unsuitable for the task or the workers involved, and it may be necessary to investigate
alternatives.
Reviewing management systems and maintaining compliance with legislation is a requirement of any
organisation. Structured reviews ensure the organisation's policies and procedures are being applied
effectively and comply with current legislative requirements. Structured reviews enable the organisation to
fulfil internal and external reporting requirements. A review of the organisation's compliance with WHS
should include:
How current WHS legislation, regulations and codes of practice are embedded in the
organisation's policies and procedures
Whether legislation, regulations and codes of practice have been revised or replaced
The potential impact of emerging legislation
New or revised guidance from specialists
New or amended instructions from suppliers or equipment and/or materials
Worker compliance with key areas of WHS
Effectiveness of actions implemented as a result of previous audit outcomes
In addition to routine monitoring and reviews, you should also conduct audits to ensure the WHS system
complies with appropriate standards, regulations, Acts and contract criteria. It should then be possible to
judge whether the system is adequate for meeting the organisation's WHS objectives and complies with
statutory guidelines. An effective systems audit:
Identifies the scope, frequency and methodologies to be used
Determines whether the WHS system conforms to planned arrangements and complies with
legislation
Determines whether the WHS system has been properly implemented and maintained
Uses data from previous audits
Provides information to management on the results of audits
Is conducted by workers independent of those who have direct responsibility for activities being
audited
It is important that the purpose of auditing is made clear to all who are involved, to encourage positive
participation in the process and to enable accurate data to be gathered. The purpose of audits is not to find
fault and point a finger of blame at those workers or departments that do not comply. Rather, auditing should
be treated as a useful tool in improving organisational effectiveness and an essential part of an
organisation's continuous improvement process.
References