WHS Act 2011 Flashcards
S17 - Management of Risk
A duty imposed on a person to ensure health and safety requires the person
a) Eliminate risk to H/S sfairp
b) If it is not reasonably practicable to eliminate risk to H/S, minimise those risk sfairp
S18 - What is ‘Reasonably Practicable’ in ensuring Health and Safety
- means that which is or was at a particular time reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all matters including
a) the likelihood of the hazard or the risk occurring
b) the degree of harm that might result from the hazard or the risk
c) what the person concerned knows, or ought reasonably to know about
- the hazard or the risk
- ways of eliminating or minimising the hazard or the risk
d) the availability and suitability of ways to eliminate/minimise the hazard or risk
e) after assessing the extent of the risk and the available ways of eliminating or minimising risk, the cost associated with available ways of eliminating / minimising the risk including whether the cost is grossly disproportionate to the risk.
S19 - Primary Duty of Care
A PCBU must afairp ensure the H/S of
- workers engaged or caused to be engaged by the person
- workers whose activities in carrying out work are influenced / directed by the person
A PCBU must ensure afairp H/S of other persons is not put at risk from work carried out
A PCBU must ensure sfairp
a) Provision and maintenance of a safe work environment without risk to H/S
b) Provision and maintenance of safe plant and structures
c) Provision and maintenance of safe systems of work
d) Safe use, handling and storage of plant, structures and substance
e) Provision of adequate facilities for the welfare at work of workers
f) Provision of any information, training, instruction or supervision that is necessary to protect persons from risk of H/S from work carried out
g) health of workers and conditions at the workplace are monitored for purpose of preventing illness or injury
S27 - Duty of Officers
Due diligence includes taking reasonable steps
a) to acquire and keep up to date knowledge of work health and safety matters
b) to gain an understanding of the nature of the operations of the BU of the PCBU and generally of the hazards and risks associated with those operations
c) to ensure the PCBU has available for use and uses, appropriate resources and processes to eliminate / minimise risk to H/S from work carried out as part of the CBU
d) to ensure the PCBU has appropriate resources for receiving and considering information regarding incidents / hazards and risk. responding in a timely way to that information
Ensure the PCBU has and implements processes for complying with any duty or obligation of the PCBU under the Act
- reporting incidents
- consult with workers
- ensure compliance with notices issued
- ensure provision of training and instruction
f) verify the provision and use of resources and processes
S28 - Duty of Workers
a) take reasonable care for their own H/S
b) take reasonable care that their acts or omissions do not adversely affect the H/S of other persons
c) comply so far as the worker is reasonably able with any reasonable instruction that is given by a PCBU to allow the person to comply with Act
d) Co-operate with any reasonable policy or procedure of the PCBU relating to H/S or safety at the workplace
Incident Notifications
S35 - What is a Notifiable Incident
- death of a person
- serious injury or illness
- a dangerous incident
Incident Notifications
S36 - What is a serious injury or illness
- Immediate treatment in hospital as an in-patient
- amputation of any part of the body
- fracture (excluding foot/hand)
- serious head injury
- serious eye injury
- serious burn
- serious laceration
- spinal injury
- separation of skin
- loss of bodily function
- treatment within 48hrs of exposure to a substance
S48 - Nature of Consultation
a) Relevant information about the matter is shared with workers
b) workers are given reasonable opportunity
i) to express their views and to raise WHS issues in relation to the matter
ii) to contribute to the decision-making process relating to the matter
c) the views of the workers are taken into account by the PCBU
d) the workers consulted are advised of the outcome of the consultation in a timely manner
If the workers are represented by a H/S Representative - consultation must include the representative
S49 - When is Consultation required
a) when identifying hazards and assessing risk to H/S from work carried out
b) when making decisions about ways to eliminate or minimise risk
c) when making decisions about the adequacy of facilities for welfare
d) when proposing changes that may affect the H/S of workers
e) when making decisions about procedures
- consulting workers
- resolving WHS issues
- monitoring health of the worker
- monitoring conditions of the workplace
- Providing ITI for workers
When carrying out an activity prescribed by regulation
S68 - Powers and Functions of H/S Representatives
- Represent workers in a work group in matters relating to WHS
- To monitor measures taken by PCBU in compliance with Act
- Investigate complaints relating to WHS
- Inquire into anything that appears to be a risk to H/S to workgroup from BU
- Inspect any work area that worker from group is working (reasonable notice to PCBU) or (at any time without notice in event of incident or serious risk)
- accompany an inspector
- be present at interview with worker regarding workers health
- request assistance
- receive information relating to WHS matters
S70 - General Obligations of PCBU with regards to H/S Representatives
- consult on WHS matters
- confer with a representative for purposes of ensuring H/S
- allow representative access to information relating to hazards and H/S of workers
- allow representative to be present at interviews
- provide resources, facilities and assistance so that H/S rep may exercise power
- representative to accompany inspector
- allow representative time to exercise functions
- not disadvantage representative financially for performing function
Division 7 - Provisional Improvement Notice
S90 - PIN
If a H/S representative reasonably believes a person
- is contravening a provision of the Act
- or has contravened a provision / contravention may continue / or be repeated
H/S representative may issue a PIN to:
- remedy a contravention
- prevent a likely contravention from occurring
- remedy the things or operations causing the contravention
Division 7 - Provisional Improvement Notice
H/S Representative must:
- consult person prior to issue of PIN
- must be trained to issue PIN
- can not issue PIN for same matter as ISHR / Regulator
- PIN must be in writing and issue in accordance with S209
Division 7 - Provisional Improvement Notice
Contents of PIN
- State H/S representative believes person is contravening a provision / has / continues or repeated contravention
- identify provision believed to be / been contravened
- How provision is being / will be contravened
- period required to remedy the contravention (8days)
- PIN may give directions on measures to be taken to remedy the contravention / refer to a code of practice / offer a choice of ways to remedy
Division 7 - Provisional Improvement Notice
Request a review of a PIN
- Inspector must review PIN and circumstances that are subject to PIN
- After review, Inspector must confirm PIN / Confirm PIN with changes / Cancel PIN
- Inspector must give copy of PIN to applicant and H/S representative for review
A PIN confirmed is taken to be an Improvement Notice
