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Module 10 WHS Act Course Summary and Review

Module 10 WHS Act Course Summary and Review. Course review. In this final module we will review key topics of the course including: Model WHS harmonisation Work Health and Safety (WHS)Terminology WHS Duties Consultation, representation and participation Enforcement Union Role.

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Module 10 WHS Act Course Summary and Review

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  1. Module 10 WHS Act Course Summary and Review

  2. Course review In this final module we will review key topics of the course including: • Model WHS harmonisation • Work Health and Safety (WHS)Terminology • WHS Duties • Consultation, representation and participation • Enforcement • Union Role

  3. Key changes Review Question 1 What are the key changes to current NSW OHS legislation resulting from the introduction of WHS legislation?

  4. Key changes in NSW OHS legislation Key changes to NSW legislation include: • Changes in work safety terminology. • A broadening of health and safety duties. • A move away from the employer/employee relationship to the broader definitions of PCBUs and workers. • A requirement for all duty holders to consult. • Changes in the names, role and functions of OHS representatives and OHS Committees to HSRs (deputy HSRs) and HSCs.

  5. Key changes in NSW OHS legislation (cont) Key changes to NSW legislation include: • The introduction of HSRs being able to issue PINs and to direct unsafe work to cease if they have received the appropriate training. • A change from authorised representatives to WHS permit holders. • The introduction of positive duties for ‘officers’. • The right of unions to prosecute in certain circumstances. • A change from the ‘reverse onus of proof’ – the prosecution must now prove a failure by a duty holder to do what is ‘reasonably practicable’ to ensure the health and safety of workers and others.

  6. WHS Terminology Review Question 2 Who is seen as a ‘person conducting a business or undertaking’ (PCBU) and a ‘worker’ under WHS legislation?

  7. WHS Terminology A person conducts a business or undertaking (PCBU): • whether the person conducts the business or undertaking alone or with others; and • whether or not the business or undertaking is conducted for profit or gain. Duties of PCBUs extend to those involved in: • management or control of workplaces, fixtures, fittings or plant and PCBUs in relation to plant, substances and structures that: • design, manufacture, import, supply, install, commission or construct.

  8. WHS Terminology A worker under the WHS Act is anyone carrying out work, in any capacity, for a PCBU. This includes: • Direct employees • Contractors and subcontractors, and their employees • Labour hire employees engaged to work in the business or undertaking • Outworkers • Apprentices, trainees and students on work experience • Volunteers.

  9. Health and Safety Duties Review Question 3 Who has health and safety duties at work and what are they required to do?

  10. Health and Safety Duties Persons with health and safety duties include: • PCBUs • ‘officers’ • workers • self-employed persons • other persons at the workplace A person with a health and safety duty is required to: • Eliminaterisks to health and safety so far as is ‘reasonably practicable’. • Where elimination is not reasonably practicable, minimise those risks so far as is reasonably practicable

  11. Consultation, Representation and Participation Review Question 4 Who has a duty to consult and how might this occur?

  12. Consultation, Representation and Participation The PCBU is required, as far as reasonably practicable, to consult with workers: • who work for the business or undertaking or • are likely to be directly affected by a work health and safety matter. Workers include contractors, subcontractors, labour hire and volunteers. Each person who has a duty to ensure the health and safety of persons at a place of work must , as far as reasonably practicable, consultco-operate and co-ordinate activities with other duty holders to do so.

  13. Consultation, Representation and Participation Consultation can occur through: • Health and safety representatives (HSRs) • Deputy health and safety representatives (deputy HSRs) • Health and safety committees (HSC) • Other arrangements as agreed to between workers and PCBUs e.g. through toolbox talks, inclusion of work health and safety matters in staff meetings • WHS entry permit holders

  14. Consultation, Representation and Participation Review Question 5 What is the role and function of HSRs (and deputy HSRs) and HSCs?

  15. Consultation, Representation and Participation The powers and functions of a HSR are to: • Represent workers in relation to work health and safety • Monitor the measures taken by the PCBU to meet their duties • Investigate complaints from members of the workgroup • Inquire into anything that appears to be a risk to the health and safety of workers • Direct unsafe work to cease when necessary • Issue provisional improvement notices when necessary

  16. Consultation, Representation and Participation • Functions of the HSC are to: • Facilitate cooperation between the PCBU and workers in instigating, developing and carrying out measures to ensure workers’ health and safety. • Assist in development of health and safety standards, rules and procedures to be used and complied with in the workplace. • Any other functions as agreed to between the PCBU and the HSC.

  17. Consultation, Representation and Participation Review Question 6 When can a worker cease unsafe work?

  18. Consultation, Representation and Participation A worker has a right to cease or refuse to undertake work if: • they have a reasonable concern that doing the work would expose them to a serious risk to their health and safety from immediate or imminent exposure to a hazard. Or if directed to cease unsafe work by a trained HSR with concerns for worker health and safety : • who has been unable to resolve the matter with the PCBU through consultation (unless the matter is so serious as to impose an immediate risk, in which case consultation must occur as soon as practicable after work has ceased).

  19. Consultation, Representation and Participation Review Question 7 Who can issue a Provisional Improvement Notice (PIN) and why?

  20. Consultation, Representation and Participation • A PIN can be issued by a suitably trained HSR if they believe a person: • is breaching a provision of the model WHS Act • has breached a provision of the model WHS Act and is likely to continue to or to repeat this breach. • A PIN issued by the HSR may require the person to: • resolve the breach • prevent a likely breach from occurring • fix the things or operations causing the breach/likely breach.

  21. Union activities Review Question 8 What activities can union representatives undertake in relation to work health and safety?

  22. Union activities Your union representative is entitled to: • Perform the functions of a WHS entry permit holder if they are eligible, including consulting and advising workers. • Negotiate agreements for work groups with the PCBU and for multiple businesses, including negotiating a variation of an agreement. • Request the assistance of an inspector where these negotiations fail. • Assist with the election of a HSR. • Assist the HSR in their role when requested by the HSR.

  23. Consultation, Representation and Participation Review Question 9 Who is eligible to be a WHS permit holder and what is their role under WHS legislation?

  24. Consultation, Representation and Participation An eligible person must: • be an official of the union • have satisfactorily completed approved training • hold or will hold an entry permit under the Fair Work Act 2009 (Cth) or relevant industrial law. A WHS permit holder can: • inquire into a suspected contravention of the model WHS Act that relates to relevant workers (as defined) • consult and advise workers and • consult with PCBUs about a suspected contravention. • inspect any work, plant, substances, structure or relevant thing • inspect and copy any relevant document • warn any person who may be exposed to a serious and immediate health and safety risk.

  25. Enforcement measures Review Question 10 What enforcement measures are available under the WHS Act?

  26. Enforcement measures Enforcement measures include: • Provisional Improvement Notices PIN • Improvement Notices • Prohibition Notices • Non-disturbance notices • Enforceable (WHS) undertakings Court orders include: • Adverse publicity orders • Orders for restoration • Work Health and Safety (WHS) project orders • Court ordered WHS undertakings • Injunctions • Training orders

  27. Course review Any questions

  28. Module 10- Activity - • At the start of the course you completed a quick quiz on your understanding of new model WHS legislation. • Redo the quick quiz on the handout. • Check through your answers with the facilitator and the group. Are there any issues relating to changes brought about by the WHS Act where you require any further clarification?

  29. Please complete the course evaluation and hand this form and your completed ‘quick quiz’ to your facilitator. Evaluations

  30. for your participation

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