WHS ACT & REGS Flashcards
WHSR 2011 DIV 2 Health and safety representatives Clause 18
Procedures for election of health and safety representatives
1) minimum requirements for election of health and safety reps for work group for the purpose of sec 61 WHSA.
2) person conducting election must take all reasonable steps to ensure following are complied with a) PCBU in which a worker in the work group works is informed of date of election b) all workers are given op to i) nominate for position of HSR II) vote in the election c) all workers and relevant PCBU are informed of results.
WHSR CLAUSE 19
Persons conducting business or undertaking must not delay election
A PCBU must not unreasonably delay the election of HSR
CHAPTER 3 General risk & workplace management Part 3.1 Managing risks to health and safety 32
Application of part 3.1
This part applies to a person conducting a business or undertaking who has a duty under this regulation to manage risks to health and safety
WHSR CLAUSE 36
Hierarchy of control measures
1) Applies if not reasonably practicable for duty holder to eliminate risks to health and safety 2) must implement risk control measures in accordance with this clause 3) must minimise risks as far as reasonably practicable by doing 1 or more of the following a) substituting the hazard giving rise to the risk with something that gives rise to a lesser risk b) isolating the hazard from any person exposed to it c) implementing engineering controls 4) If the risk remains implement administrative controls 5) minimise the risk by ensuring the provision of PPE
WHSR CLAUSE 37
Maint of control measures-Duty holder who implement a control measure must ensure that the measure is maintained so it remains effective ensuring it remains a) fit for purpose b) suitable for nature and duration of work c) installed, setup, used correctly
WHSR CLAUSE 203
Management of risks to health and safety
A person with management or control of plant must manage risk to health and safety associated with plant
WHSR CLAUSE 19
Primary duty of care 1) PCBU ensure health and safety of a) workers engaged by the person b) workers influenced or directed by person 2) PCBU must ensure other persons are not put at risk from work carried out as part of conduct of business or undertaking 3) PCBU must ensure a) provision and maint to of work environment without risks to health and safety. b) provision & maint of safe plant and structures c) provision and maint of safe systems of work d) safe use, handling, storage of plant structures and substance e) provision of adequate facilities fro the welfare of workers carrying out work for business including ensuring access to those facilities f) provision of information, training, instruction or supervision necessary to protect persons from risks to health and safety arising from work carried out as part of the conduct of the business g) health of workers and condition of workplace are monitored for the purpose of preventing illness or injury arising from conduct of business 4) If a) worker occupies accommodation owned by or under management or control of PCBU b) occupancy is necessary for purpose of worker engagement because either accommodation is not reasonably available, the PCBU must maintain premises so worker is not exposed to risks to health and safety 5) Self employed person must ensure his/her own health and safety.
WHSA SECTION 61
Procedure for election of health & safety reps-1) workers in work group may determine how election of SSHR is conducted 2) however must comply with procedures if any in regs 3) if majority determine election may be conducted with assistance of union, other person or organisation 4) the PCBU must provide any resources, facilities and assistance necessary or prescribed by regs to enable election.
WHSA SECTION 16
Negotiations for determination of work groups-Negotiations for determination of work groups and variations of work groups must be directed by ensuring workers are grouped in a way that a) most effectively and conveniently enables the interests of the workers in the interest of health and safety to be represented b) has regard to the need for the health and safety rep for the group to be readily accessible to workers in the work group.
WHSR CLAUSE 34
Duty to identify hazards-A duty holder in managing risks to health and safety, must identify reasonably foreseeable hazards that could give risk to risks to health and safety.
WHSR CLAUSE 35
Managing risks to health and safety-a duty holder, in managing risks to health and safety, must: a) eliminate risks to health and safety so far as is reasonably practicable & b) if it is not reasonably practicable to eliminate risks to health and safety minimise those risks so far as is reasonably practicable.
