WHS Regs 2017 - Gold Lego Flashcards
Specific requirements must be complied with
WHS Regs 2017 Clause 33
Any specific requirements under this Regulation for the management of risk must be complied with when implementing the requirements of this Part.
Examples—
1) A requirement not to exceed an exposure standard.
2) A duty to implement a specific control measure.
3) A duty to assess risk.
Duty to identify hazards
WHS Regs 2017 Clause 34
A duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety.
Managing risks to health and safety
WHS Regs 2017 Clause 35
A duty holder, in managing risks to health and safety, must—
a) eliminate risks to health and safety so far as is reasonably practicable, and
b) if it is not reasonably practicable to eliminate risks to health and safety—minimise those risks so far as is reasonably practicable.
Hierarchy of control measures
WHS Regs 2017 Clause 36
1) This clause applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety.
2) A duty holder, in minimising risks to health and safety, must implement risk control measures in accordance with this clause.
3) The duty holder must minimise risks, so far as is reasonably practicable, by doing 1 or more of the following—
a) substituting (wholly or partly) 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 a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls.
5) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.
Note— A combination of the controls set out in this clause may be used to minimise risks, so far as is reasonably practicable, if a single control is not sufficient for the purpose.
Maintenance of control measures
WHS Regs 2017 Clause 37
A duty holder who implements a control measure to eliminate or minimise risks to health and safety must ensure that the control measure is, and is maintained so that it remains, effective, including by ensuring that the control measure is and remains—
a) fit for purpose, and
b) suitable for the nature and duration of the work, and
c) installed, set up and used correctly.
Review of control measures
WHS Regs 2017 Clause 38
1) A duty holder must review and as necessary revise control measures implemented under this Regulation so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.
2) Without limiting subclause (1), the duty holder must review and as necessary revise a control measure in the following circumstances—
a) the control measure does not control the risk it was implemented to control so far as is reasonably practicable,
Examples—
i. The results of monitoring show that the control measure does not control the risk.
ii. A notifiable incident occurs because of the risk.
b) before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control,
c) a new relevant hazard or risk is identified,
d) the results of consultation by the duty holder under the Act or this Regulation indicate that a review is necessary,
e) a health and safety representative requests a review under subclause (4).
3) Without limiting subclause (2)(b), a change at the workplace includes—
a) a change to the workplace itself or any aspect of the work environment, or
b) a change to a system of work, a process or a procedure.
4) A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that—
a) a circumstance referred to in subclause (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative, and
b) the duty holder has not adequately reviewed the control measure in response to the circumstance.
Provision of information, training and instruction
WHS Regs 2017 Clause 39
1) This clause applies for the purposes of section 19 of the Act to a person conducting a business or undertaking.
2) The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to—
a) the nature of the work carried out by the worker, and
b) the nature of the risks associated with the work at the time the information, training or instruction is provided, and
c) the control measures implemented
3) The person must ensure, so far as is reasonably practicable, that the information, training and instruction provided under this clause is provided in a way that is readily understandable by any person to whom it is provided.
Duty in relation to general workplace facilities
WHS Regs 2017 Clause 40
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the following—
a) the layout of the workplace allows, and the workplace is maintained so as to allow, for persons to enter and exit and to move about without risk to health and safety, both under normal working conditions and in an emergency,
b) work areas have space for work to be carried out without risk to health and safety,
c) floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety,
d) lighting enables—
i. each worker to carry out work without risk to health and safety, and
ii. persons to move within the workplace without risk to health and safety, and
iii. safe evacuation in an emergency,
e) ventilation enables workers to carry out work without risk to health and safety,
f) workers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety,
g) work in relation to or near essential services does not give rise to a risk to the health and safety of persons at the workplace.
Duty to provide and maintain adequate and accessible facilities
WHS Regs 2017 Clause 41
1) A PCBU must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities.
2) The PCBU must ensure, so far as is reasonably practicable, that the facilities provided under subclause (1) are maintained so as to be—
a) in good working order, and
b) clean, safe and accessible.
3) For the purposes of this clause, a person conducting a business or undertaking must have regard to all relevant matters, including the following—
a) the nature of the work being carried out at the workplace,
b) the nature of the hazards at the workplace,
c) the size, location and nature of the workplace,
d) the number and composition of the workers at the workplace.
Duty to provide first aid
WHS Regs 2017 Clause 42
1) A person conducting a business or undertaking at a workplace must ensure—
a) the provision of first aid equipment for the workplace, and
b) that each worker at the workplace has access to the equipment, and
c) access to facilities for the administration of first aid.
2) A person conducting a business or undertaking at a workplace must ensure that—
a) an adequate number of workers are trained to administer first aid at the workplace, or
b) workers have access to an adequate number of other persons who have been trained to administer first aid.
3) For the purposes of this clause, the person conducting the business or undertaking must have regard to all relevant matters, including the following—
a) the nature of the work being carried out at the workplace
b) the nature of the hazards at the workplace,
c) the size and location of the workplace,
d) the number and composition of the workers and other persons at the workplace.
Duty to prepare, maintain and implement emergency plan
WHS Regs 2017 Clause 43
1) A person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, that provides for the following—
a) emergency procedures, including—
i. an effective response to an emergency, and
ii. evacuation procedures, and
iii. notifying emergency service organisations at the earliest opportunity, and
iv. medical treatment and assistance, and
v. effective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace,
b) testing of the emergency procedures, including the frequency of testing,
c) information, training and instruction to relevant workers in relation to implementing the emergency procedures.
2) A person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective.
3) For the purposes of subclauses (1) and (2), the person conducting the business or undertaking must have regard to all relevant matters, including the following—
a) the nature of the work being carried out at the workplace,
b) the nature of the hazards at the workplace,
c) the size and location of the workplace,
d) the number and composition of the workers and other persons at the workplace.
4) A person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency.
Provision to workers and use of personal protective equipment
WHS Regs 2017 Clause 44
1) This clause applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace in accordance with clause 36.
2) The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking.
Example—
i. Equipment that has been provided by a labour hire company.
3) The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subclause (2) is—
a) selected to minimise risk to health and safety, including by ensuring that the equipment is—
i. suitable having regard to the nature of the work and any hazard associated with the work, and
ii. a suitable size and fit and reasonably comfortable for the worker who is to use or wear it, and
b) maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is—
i. clean and hygienic, and
ii. in good working order, and
c) used or worn by the worker, so far as is reasonably practicable.
4) The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the—
a) proper use and wearing of personal protective equipment, and
b) the storage and maintenance of personal protective equipment.
Note— A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment (see section 273 of the Act).
Personal protective equipment used by other persons
WHS Regs 2017 Clause 45
The person conducting a business or undertaking who directs the carrying out of work must ensure, so far as is reasonably practicable, that—
a) personal protective equipment to be used or worn by any person other than a worker at the workplace is capable of minimising risk to the person’s health and safety, and
b) the person uses or wears the equipment.
PPE
Duties of worker
WHS Regs 2017 Clause 46
1) This clause applies if a person conducting a business or undertaking provides a worker with personal protective equipment.
2) The worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking.
3) The worker must not intentionally misuse or damage the equipment.
4) The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware.
Duty of person other than worker
WHS Regs 2017 Clause 47
A person other than a worker must wear personal protective equipment at a workplace in accordance with any information, training or reasonable instruction provided by the person conducting the business or undertaking at the workplace.
