WHS Act 2011 - Gold Lego Flashcards
Duty to consult with other duty holders
WHS Act 2011 Section 46
If more than one person has the same duty, each person must consult, co-operate and co-ordinate activities, so far as reasonably practical with all other persons who have a duty in relating to the same matter
Duty to consult workers
WHS Act 2011 Section 47
1) The person conducting a business or undertaking must, so far as is reasonably practicable, consult, in accordance with this Division and the regulations, with workers who carry out work for the business or undertaking who are, or are likely to be, directly affected by a matter relating to work health or safety.
2) If the person conducting the business or undertaking and the workers have agreed to procedures for consultation, the consultation must be in accordance with those procedures.
3) The agreed procedures must not be inconsistent with section 48.
Nature of consultation
WHS Act 2011 Section 48
1) Consultation requires –
a) That relevant information is shared with workers,
b) Workers be given reasonable opportunity to
i. express their views on Health and Safety matters
ii. contribute to decision making process on the matter,
c) that the views of workers are taken into account by the person conducting the business or undertaking, and
d) that the workers consulted are advised of the outcome of the consultation in a timely manner.
2) Consultation must involve the HSR
When consultation is required
WHS Act 2011 Section 49
Consultation is required when –
a) Identifying hazards and assessing risks to Health and Safety,
b) When making decisions about ways to eliminate or minimise those risks,
c) When making decisions about the adequacy of facilities,
d) When proposing changes that may affect the Health and Safety of workers
e) When making decisions about procedures for –
i. Consulting with workers,
ii. Resolving Work Health and Safety issues,
iii. Monitoring the health of workers,
iv. Monitoring conditions at workplace,
v. Providing information and training for workers
Primary duty of care
WHS Act 2011 Section 19
1) Person conducting a business or undertaking must ensure so far as reasonably practicable, the Health and safety of -
a) Workers engaged,
b) Workers whose work is directly influenced or directed by the person,
while the workers are at work in the business or undertaking.
2) Person conducting a business or undertaking must ensure, so far as reasonably practicable that the Health and safety of others is not put at risk from work carried out as part of the conduct of the business or undertaking.
3) Person conducting a business or undertaking must ensure, so far as reasonably practicable –
a) provision and maintenance of a work environment without risk to Health and safety,
b) provision and maintenance of Safe plant and structures,
c) provision and maintenance of Safe systems of work,
d) Safe use, handling and storage use of plant, structures, and substances,
e) Adequate facilities for welfare of workers,
f) Information, training, instruction, or supervision required to protect all persons from risks to Health and safety arising from work,
g) Monitor health of workers and conditions at the workplace to prevent illness or injury of workers,
What is a “notifiable Incident”
WHS Act 2011 Section 35
Notifiable Incident means –
a) The death of a person, or
b) A serious injury or illness of a person, or
c) A dangerous incident
What is a “serious injury or illness”
WHS Act 2011 Section 36
Serious injury or illness of a person means an injury or illness requiring the person to have—
a) immediate treatment as an in-patient in a hospital, or
b) immediate treatment for—
i. the amputation of any part of his or her body, or
ii. a serious head injury, or
iii. a serious eye injury, or
iv. a serious burn, or
v. the separation of his or her skin from an underlying tissue (such as degloving or scalping), or
vi. a spinal injury, or
vii. the loss of a bodily function, or
viii. serious lacerations, or
c) medical treatment within 48 hours of exposure to a substance,
and includes any other injury or illness prescribed by the regulations but does not include an illness or injury of a prescribed kind.
What is a “dangerous incident”
WHS Act 2011 Section 37
A dangerous incident means an incident in relation to a workplace that exposes a worker or any other person to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to—
a) an uncontrolled escape, spillage, or leakage of a substance, or
b) an uncontrolled implosion, explosion, or fire, or
c) an uncontrolled escape of gas or steam, or
d) an uncontrolled escape of a pressurised substance, or
e) electric shock, or
f) the fall or release from a height of any plant, substance, or thing, or
g) the collapse, overturning, failure, or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations, or
h) the collapse or partial collapse of a structure, or
i) the collapse or failure of an excavation or of any shoring supporting an excavation, or
j) any other event prescribed by the regulations,
but does not include an incident of a prescribed kind.
Powers and functions of HSR
WHS Act 2011 Section 68
Section 68 Powers and functions of HSR
1) Powers and functions of HSR
a) Represent workers relating to Health and Safety
b) Monitor measures taken by person conducting a business or undertaking in relation to workers,
c) Investigate complaints made by workers in relation to work Health and Safety,
d) Inquire into anything that appears to be a risk to workers Health and Safety
2) Performing functions, the HSR may –
a) Inspect workplace
i. any time after giving reasonable notice,
ii. any time without notice after an incident, or any situation involving a serious risk to the Health and Safety of a person,
b) Accompany an inspector during an inspection of the workplace or part of the workplace,
c) With consent of a worker be present at any interview relating to Health and Safety between worker and –
i. an inspector, or
ii. person conducting a business or undertaking,
d) With consent from one or more workers, be present at any interview relating to Health and Safety between worker and –
i. an inspector,
ii. person conducting a business or undertaking,
e) Request establishment of Health and Safety committee,
f) Receive information concerning the Health and Safety of workers,
g) Whenever necessary request the assistance of any person,
Note: A health and safety representative also has a power under Division 6 of this Part to direct work to cease in certain circumstances and under Division 7 of this Part to issue provisional improvement notices
3) HSR is not entitled to access personal, medical information about workers without workers consent unless the information is in a form that—
a) does not identify the worker, and
b) could not reasonably be expected to lead to the identification of the worker.
General obligations of PCBU
WHS Act 2011 Section 70
Section 70 general obligations of PCBU
1) Person conducting a business or undertaking must –
a) Consult so far as reasonably practical with HSR on matters of Health and Safety,
b) Confer with HSR for purpose of ensuring Health and Safety of workers,
c) Allow HSR access to information relating to – hazards at the workplace, and the Health and Safety of the workers,
d) With consent, allow HSR of a worker be present at any interview relating to Health and Safety between worker and –
i. an inspector, or
ii. person conducting a business or undertaking,
e) With consent from one or more workers, allow HSR be present at any interview relating to Health and Safety between worker and –
i. an inspector, or
ii. person conducting a business or undertaking,
f) Provide any resources, facilities and assistance to a HSR to exercise functions / powers,
g) allow a person assisting a HSR to have access to the workplace if that is necessary to enable the assistance,
h) Permit HSR to accompany an inspector,
i) Provide any other assistance to the HSR that may be required by the regulator
2) Person conducting a business or undertaking must allow HSR as much time as reasonably necessary to exercise powers and perform functions,
3) Any time that a health and safety representative spends for the purposes of exercising his or her powers or performing his or her functions under this Act must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period.
Obligation to train HSR
WHS Act 2011 Section 72
Section 72 Obligation to train HSR
1) Person conducting a business or undertaking must, if requested by HSR, allow HSR to attend a training course relating to work health and safety that is –
a) approved by regulator,
b) a course that the HSR is entitled under the regulations to attend
c) Chosen by HSR
2) A Person conducting a business or undertaking must in consultation with the HSR and as soon as practicable within the period of 3 months after the request is made—
a) allow HSR time to attend training,
b) Pay coarse fees and any other reasonable costs,
3) Any time HSR is off training must be with the pay he/she was entitled,
4) If agreement cannot be reached between the person conducting the business or undertaking and the health and safety representative within the time required by subsection (2) as to the matters set out in that subsection, either party may ask the regulator to appoint an inspector to decide the matter.
5) The inspector may decide the matter in accordance with this section.
6) A person conducting a business or undertaking must pay the costs decided by the inspector under subsection (6)
Provisional improvement notices
WHS Act 2011 Section 90
1) HSR reasonably believes that a person –
a) Is contravening a provision of this Act,
b) Has contravened a provision of this Act, and likely to continue or be repeated,
2) HSR may issue a Provisional Improvement Notice (PIN) requiring person to –
a) Remedy a contravention,
b) Prevent a likely contravention,
c) Remedy the things causing the contravention or likely contravention,
3) HSR must not issue Provisional Improvement Notice (PIN) unless first consulted the person,
4) HSR cannot issue Provisional Improvement Notice (PIN) unless HSR has
a) completed initial prescribed training,
b) previously completed that training
c) completed training equivalent to that training under a corresponding WHS law
5) HSR cannot issue Provisional Improvement Notice (PIN) if inspector has already issued (or decided not to issue) an Improvement notice, or prohibition notice in relation to the same matter.
Provisional improvement notice to be in writing
WHS Act 2011 Section 91
A provisional improvement notice must be in writing.
Contents of provisional improvement notice
WHS Act 2011 Section 92
A provisional improvement notice must state:
a) That the HSR believes the person:
i. Is contravening a provision of this Act,
ii. Has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated
b) The provision the representative believes is being, or has been, contravened
c) Briefly, how the provision is being, or has been contravened
d) The day, at least 8 days after the notice is issued, by which the person is required to remedy the contravention or likely contravention.
Provisional improvement notice may give directions to remedy contravention
WHS Act 2011 Section 93
1) A provisional improvement notice may include directions concerning the measures to be taken to remedy the contravention or prevent the likely contravention or the matters or activities causing the contravention or likely contravention to which the notice relates.
2) A direction included in a provisional improvement notice may—
a) refer to a code of practice, and
b) offer the person to whom it is issued a choice of ways in which to remedy the contravention.
Minor changes to provisional improvement notice
WHS Act 2011 Section 94
A health and safety representative may make minor changes to a provisional improvement notice—
a) for clarification, or
b) to correct errors or references, or
c) to reflect changes of address or other circumstances.
Issue of provisional improvement notice
WHS Act 2011 Section 95
A provisional improvement notice may be issued to a person in accordance with section 209.
Health and safety representative may cancel notice
WHS Act 2011 Section 96
The health and safety representative may at any time cancel a provisional improvement notice issued to a person by written notice given to that person.
