Professional Documents
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STUDENT WORKBOOK
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Contents
PART A- REVIEW/HAZARD ID .............................................................................................................4
1. THE OCCUPATIONAL HEALTH & SAFETY ACT 2004 AND THE OCCUPATIONAL HEALTH & SAFETY REGULATIONS
2007 ...............................................................................................................................................4
OHS Plan - Format ...................................................................................................................4
2. THE OCCUPATIONAL HEALTH & SAFETY ACT 2004 AND THE OCCUPATIONAL HEALTH & SAFETY REGULATIONS
2007-REVIEW ...................................................................................................................................4
OH&S Legislation ....................................................................................................................4
History ....................................................................................................................................5
Australian History ...................................................................................................................5
Legislation- Occupational Health and Safety ............................................................................5
Common Law ..........................................................................................................................5
Statute Law .............................................................................................................................6
3. WORKPLACE - OCCUPATIONAL HEALTH AND SAFETY ...........................................................................6
National Occupational Health and Safety Act ..........................................................................6
Safe Work Australia- Federal ...................................................................................................7
The Legislative Framework ......................................................................................................8
Regulations .............................................................................................................................8
Australian Standards ...............................................................................................................9
4. APPLICATION OF THE ACT IN THE BUILDING AND CONSTRUCTION WORKPLACE ......................................... 10
Responsibilities of the Builder/Building Company ................................................................. 10
Duty of Care .......................................................................................................................... 10
Hazard Identification............................................................................................................. 10
WorkCover............................................................................................................................ 11
Worksafe Victoria ................................................................................................................. 11
Using information and data to access and assist in identification of hazards ......................... 13
Workplace Inspections .......................................................................................................... 14
Seeking input from others ..................................................................................................... 17
Currency of information ........................................................................................................ 19
Activity 1 - OHS Act & Regulations- Application ................................................................... 22
5. HAZARD IDENTIFICATION IN THE WORK ENVIRONMENT ..................................................................... 22
HAZARD ................................................................................................................................ 22
HAZARD MANAGEMENT ....................................................................................................... 22
Hazard Identification - Construction Stages ........................................................................... 23
Stakeholders ......................................................................................................................... 23
Identification ........................................................................................................................ 24
Hazard Identification Tools ................................................................................................... 28
Job Safety Analysis ................................................................................................................ 30
Hazard and Control ............................................................................................................... 30
Workplace Hazard Types ....................................................................................................... 32
OHS committee..................................................................................................................... 34
Quality Assurance Systems.................................................................................................... 35
Activity 2 - Hazard Identification .......................................................................................... 37
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PART B- CONTROL MEASURES & OHS PLAN .....................................................................................37
1. THE OCCUPATIONAL HEALTH & SAFETY ACT 2004 AND THE OCCUPATIONAL HEALTH & SAFETY REGULATIONS
2007- CONTROL MEASURES ............................................................................................................... 37
Elimination ........................................................................................................................... 39
Substitution .......................................................................................................................... 39
Engineering ........................................................................................................................... 39
Administrative ...................................................................................................................... 39
PPE ....................................................................................................................................... 40
Controls - Audits and Assessments ........................................................................................ 40
OHS Committees................................................................................................................... 40
Representation ..................................................................................................................... 41
Controls- Input of Stakeholders ............................................................................................. 41
Evaluation ............................................................................................................................. 42
Engineering controls ............................................................................................................. 42
Administrative controls ......................................................................................................... 43
PPE controls .......................................................................................................................... 43
Control Measures - Resources ............................................................................................... 44
Control Restrictions .............................................................................................................. 45
Prioritising hazards- Issues .................................................................................................... 45
OHS Committee- Reporting ................................................................................................... 46
OHS Committees - Documentation........................................................................................ 46
Meeting Participation & Format ............................................................................................ 47
Procedures ........................................................................................................................... 48
Planning ................................................................................................................................ 48
Documentation ..................................................................................................................... 48
Communication .................................................................................................................... 48
Activity 3 – Controls and Committees .................................................................................. 49
2. THE OCCUPATIONAL HEALTH AND SAFETY PLAN .............................................................................. 49
Policy Statement- The Act ..................................................................................................... 50
Other Acts............................................................................................................................. 50
Duty of Care .......................................................................................................................... 50
Employees ............................................................................................................................ 51
Project Information............................................................................................................... 51
Roles and Responsibilities ..................................................................................................... 51
Prioritise your stakeholders .................................................................................................. 52
General OHS Information ...................................................................................................... 54
Risk Management ................................................................................................................. 55
High risk construction work ................................................................................................... 55
Emergency and incident response ......................................................................................... 56
Induction and Training .......................................................................................................... 57
Consultation and Communication ......................................................................................... 58
Site Safety Procedures .......................................................................................................... 59
Induction .............................................................................................................................. 59
Safe Work Method Statement (SWMS) ................................................................................. 59
Activity 4 – The OHS Plan - Format ....................................................................................... 60
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PART A- REVIEW/HAZARD ID
1. The Occupational Health & Safety Act 2004 and
the Occupational Health & Safety Regulations 2007
In this unit the first area of study will be a review of the OHS Act 2004 and the regulations of 2007 as
pursuant to the building and Construction industry in Victoria. The areas of study following will be
the application of the main points of Occupational Health and Safety in relation to the Act and the
duties as deemed responsible to builders and building
companies:
● Duty of Care
● Hazard Identification
● Responsible Officer
● Data and Information
● WorkCover
● Safe Work (Federal)
● Worksafe Victoria
● Hazard Identification- Systems
● Stakeholders- Specialists, Management, Staff,
Committees
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History
The history of OHS law over the past century is essentially a series of reactions to hazards which were
found to be injuring or killing workers. The law identified in detail what workers must do to reduce
risk to other workers.
The total volume of the legislation became quite extensive and since its introduction, very little was
ever repealed. In time, much of these OHS laws referred to processes or equipment which was no
longer used, while new hazards and processes, remained unassessed.
In 1972, a United Kingdom OHS
enquiry (known as the Robens
Enquiry) identified a number of
factors in the administration of
the numerous statutes and
among management of
workers which contributed to
what Lord Robens described as
"Apathy, the most important
single reason for accidents at
work.”
He argued that: "the primary responsibility for doing something about the present levels of
occupational accidents and disease lies with those who create the risk and those who work with
them."
The Robens Report ** recommended that OHS laws should be concerned: "not with detailed
prescription for innumerable day to day circumstances, but for influencing attitudes, and with
creating a framework for better safety and health organisation, and action by industry itself”.
** (reference: http://www.hse.gov.uk/aboutus/40/robens-report.htm)
Australian History
The Robens Report has been the basis for all OHS laws. The first Act was the South Australian
Industry Safety Health and Welfare Act, proclaimed in 1972, Tasmania followed in 1977 and then
Victoria in 1981, New South Wales in 1983 and Queensland in 1989. In addition, because of the
hazardous nature of the construction industry, construction safety Acts were proclaimed in
Queensland in 1971 and Western Australia in 1972.
At a federal level, OHS has been given ever increasing priority, with the introduction of the National
Occupational Health and Safety Commission in 1983, which changed to be known as the Australian
Safety and compensation Council in 2005, and more recently with the announcement by the federal
government to focus on national harmonisation of OHS legislation.
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encompasses the legal principles relating to duty of care and negligence.
Statute Law
Statute law is known as the "laws made by the parliament", Statute laws are the Acts, Regulations
and other statutory instruments that codifies and builds on the common law concepts of duty of care
and negligence, In most cases the statute takes precedence over common law principles.
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Safe Work Australia- Federal
● Improve occupational health and safety outcomes and workers’ compensation arrangements
in Australia.
● Consists of members who represent the Commonwealth, the States, the Territories, workers
and employers.
● It has various functions relating to occupational health and safety and workers’
compensation. For example, one of its functions is to prepare model OHS legislation for
adoption as a law of the Commonwealth, each of the States and each of the Territories.
The Ministerial Council (a body that consists of Ministers from the Commonwealth, States and
Territories) has some oversight of Safe Work Australia’s activities. For example, the Council considers
whether to approve the model OHS legislation that Safe Work Australia has prepared.
Important Note: Under the new OH & S Act (5) Five important definitions have been added or
updated.
1. Person conducting a business or undertaking
A person conducts a business or undertaking:
a) Whether the person conducts the business or undertaking alone or with others; and
b) Whether or not the business or undertaking is conducted for profit or gain.
A business or undertaking conducted by a person includes a business or undertaking conducted by a
partnership or an unincorporated association.
2. Management of risk
A duty imposed on a person to ensure health and safety enquires the person:
a) to 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, to minimise those
risks so far as is reasonably practicable.
3. Primary Duty of Care
A person conducting a business or undertaking must ensure, as far as is reasonably practicable, the
health and safety of:
a) workers engaged, or caused to be engaged by the person; and
b) workers whose activities in carrying out work are influenced or directed by the person,
c) while the workers are at work in the business or undertaking.
A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that
the health and safety of other persons is not put at risk from work carried out as part of the conduct
of the business or undertaking.
4. Worker
A person is a worker if the person carries out work in any capacity for a person conducting a business
or undertaking, including work as:
a) an employee; or
b) a contractor or subcontractor; or
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c) an employee of a contractor or subcontractor; or
d) an employee of a labour hire company who has been assigned to work in the person's
business or undertaking; or
e) an outworker; or
f) an apprentice or trainee; or
g) a student gaining work experience; or
h) a volunteer; or
i) a person of a prescribed class.
Regulations
The principle OHS Act will contain a power to make
regulations. Regulations are known to contain the
practical or prescriptive provisions that relate to specific
work activities. Some of the regulations cover
administrative provisions, for example, the licensing of
plant operators or notification of accidents. Other
provisions define the requirements for managing specific
issues at a workplace.
Regulations ensure minimum standards are met by
industry.sk.
Other regulations that are relevant to the construction industry may relate to (depending upon the
state/territory):
● electrical safety
● dangerous goods
● occupational licensing
The OHS Act - an extract (Refer full Act on usb or student portal)
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Duties of employers in relation to their employees:
1. An employer must take all reasonably practicable steps to protect the health and safety at
work of the employer’s employees.
2. Without limiting the generality of subsection (1), an employer breaches that subsection if the
employer fails to take all reasonably practicable steps:
a) to provide and maintain a working environment including plant and systems of work:
(i) that is safe for the employer’s employee and without risk to their health; and
(ii) that it provides adequate facilities for their welfare at work; and
b) in relation to any workplace under employer’s control, to:
(iii) ensure the workplace is safe for the employees and without risk to their health; and
(iv) provide and maintain a means of access to, and from, the workplace that is safe for the
employees and without risk to their health; and
c) to ensure the safety at work of, and the absence of risks at work.
Duties of employers in relation to their employees:
1. An employee must, at all times while at work, take all reasonably practicable steps:
a) to ensure that the employee does not take any action, or make omission, that creates a
risk, or increases an existing risk, to the health or safety of the employee, or other
persons (whether employees or not) at or near the place at which the employee is at
work; and
b) in respect of any duty or obligation imposed on the employee’s employer, or on any
other person, by under this Act or the regulations, to cooperate with the employer, or
that other person, to the extent necessary to enable the employer or other person to
fulfil that duty or obligation; and
c) to use equipment, in accordance with any instructions given by the employee’s
employer consistent with its safe and proper use, that is:
(i) supplied to the employee by the employer; and
(ii) necessarily to protect the health and safety of the employee, or of other persons
(whether employees or not) at or near the place at which the employee is at work.
Australian Standards
For additional and more prescriptive information on how to control certain risks or undertake certain
types of work, minimum Standards are developed by bodies like Standards Australia to make sure
that we produce safe, high quality goods and services.
Standards by themselves hold no legal standing, however when called up in a regulation they form
part of the regulations to the extent of the activity referred to.
Generally an Australian Standard is called up in a Regulation to provide more detail information as to
how to comply with that regulation.
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4. Application of the Act in the building and
construction workplace
Responsibilities of the
Builder/Building Company
The responsibilities of the Builder/Building
Company are as follows:
Duty of Care
Hazard Identification
WorkCover
Responsible officers
Inspections and audits
Specialists and advisors
Information- currency and collection
OHS committees
Duty of Care
In the Building and Construction industry companies, employers, employees and contractors all have
a “duty of care” in regards to hazard identification. All of these stakeholders have a legal and ethical
obligation to minimise the chances of workplace accidents and injuries.
A duty of care is a legal obligation imposed on an individual requiring that they adhere to a
standard of reasonable care while performing any acts that could foreseeably harm others. It is the
first element that must be established to proceed with an action in negligence.
The person responsible for OHS identifies which state/territory and commonwealth OHS legislation
(acts, regulations, codes of practice, associated standards and guidance material) is relevant to the
particular workplace.
This includes prescriptive and performance approaches and links to other relevant legislation such
as:
● industrial relations
● equal employment opportunity
● workers compensation
● rehabilitation
● Data and record keeping
● OH&S advice
The person responsible for OHS for the building company should also well aware of the roles and
responsibilities under OHS legislation for all stakeholders and this includes the employer and
employees (including supervisors and contractors).
Hazard Identification
When identifying hazards, it is necessary to access external sources of information and data. This is
because information and data can assist the responsible person to understand what has happened,
who was involved and how to alleviate risk.
Sources of external information and data can include:
● database with national and state injury data such as
National Industrials Chemicals Notification and
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Assessment Scheme (NICNAS)
● employer groups
● industry bodies
● journals and websites
● legislation, codes of practice and standards
● manufacturer’s manual and specifications
● Occupational Health and Safety (OHS) regulatory authorities
● OHS specialists
● unions and industry bodies
● Australian Bureau of Statistics (ABS)
● Australian Safety and Compensation Council
● internet, journals, magazines
● OHS professional bodies
● research literature
● technical information and data
These sources can assist the responsible person to apply the principles of risk management by
providing feedback in the form of information and data about hazards.
Hazards can include a source or a situation with a potential for harm in terms of human injury or ill
health, damage to property, damage to the environment or a combination of these.
Information about how to access sources of information can be located by using policies and
procedures. These documents can detail specific instructions as to where information can be
located. Policies and procedures can be located on a shared drive electronically or alternatively, in
folders in a central location. The responsible person can also use the internet.
WorkCover
The Victorian WorkCover Authority website details Victorian OHS legislation and provides access to
information about workplace safety and compliance. This can be found at
www.workcover.vic.gov.au
The responsible person can find out how
to access additional sources by:
● Workplace discussions
● Industry businesses
● WorkCover providers
In relation to accessing sources the
responsible officer can contact the state
authority and ask for information relating
to OHS. Information can also be accessed by contacting manufacturers for information about
mechanical manuals, specifications and instructions. Usually, the manufacturer is easily identified by
visual inspection of the machinery in question.
In contrast, records and registers are usually generated within the business and these can be stored
electronically on a shared drive.
Worksafe Victoria
Up-to-date information about Australian Standards or statistics can be located by using the internet.
For instance, the Worksafe Victoria (www.Worksafe.vic.gov.au) site specifically collects and
distributes information and data relating to:
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● National policy relating to OHS and Workers compensation
● The Act and model Regulations relating to OHS
● Codes of practice relating to OHS
● Policies dealing with the compliance and enforcement of the
Australian laws that adopt the approved model OHS
legislation
● Data and other information relating to OHS and Workers
compensation
● Research relating to OHS and Workers compensation
In contrast, the Australian Bureau of Statistics (ABS) provides customised data depending on the
requirements of the person or group requesting the information.
The Responsible officer:
● Should use libraries with the intent to locate research literature, technical information,
manuals and any other data relevant to the worksite.
● If a specific category of information is required should contact one particular person or
group involved in the OHS process. This will result in obtaining a specific category or
information depending on their role within the OHS process.
● The responsible officer must decide what type of information is required to assist with
identifying hazards and make an assessment as to the most likely place it will be located.
This is because the outcome depends upon whether the appropriate information and data is
used in relation to what is required.
Information from different sources can be accessed in different ways. A table highlighting some
alternate access methods are as follows:
Books, manuals, reports and Accessing can be facilitated by attending libraries or locating
journals information at the workplace. Information can be read in its
entirety or smaller amounts can be isolated and reviewed.
Other staff, unions and Information can be accessed by communicating either in person,
outsourced providers by email, during conference or by telephone.
Databases, registers and Uploading databases registers and reports that are electronic can
reports be done by locating the relevant file and opening it for viewing
and editing.
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● investigating
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● websites, journals and newsletters
● workplace inspections
The responsible person can assess the content in consideration of how it assists with hazard
identification:
● Developing an understanding of each source is a process
● Research the what, where, when, how and why of every given source.
● Workplace inspections or visits to the workplace undertaken by a specialist with the
intention to identify hazards.
Workplace Inspections
The exercise occurs:
● where there has been a risk identified or alternatively, where
there have been reported concerns registered.
● as soon after the hazard or concern has been identified or
registered.
Source Purpose
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Traditionally, audits are defined pursuant to the Commonwealth Work
Health and Safety Act 2011 (replaced Occupational Health and Safety Act
1991) as responsibilities designed to ensure continuous improvement and
a systematic approach to managing OHS.
They can be scheduled annually or more often depending upon the
worksite, the type of industry, past history and best practice. Usually, an
internal audit will take place prior to an independent inspection so that all
identified non-compliances can be addressed prior to the risk of fines
being imposed. This process also ensures the health and safety of all
employees and shows commitment to OHS and participative
arrangements.
Employer groups Employer groups can provide information about best practice in relation to
hazards. Groups can also reflect concerns and suggestions registered by
individuals and this is the case with OHS committees. Employer groups
can be designed with intention to identify risk in a particular area and
focus groups can be implemented to assess solutions to various risks
within the workplace.
First aid records First aid records can highlight patterns or possible injury types arising from
particular hazards. For instance, records can show there were a higher
than normal injury rate in a particular area. Alternatively, records can
show there was an increase in a particular type of injury. A rise in injuries
in one area points to the possibility or existence of a hazard in a confined
area, whereas an increase in injury types highlights risks that are less
isolated (such as falls or trips throughout the worksite) or caused by
inappropriate work actions (such as poor manual handling technique).
Hazard, incident These reports can directly identify hazards so the responsible person can
and investigation alleviate risk. For instance, incident reports will highlight all incidents
reports within a given time and place.
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Industry bodies Industry bodies such as WorkCover can provide publications relating to
legislation, regulations, codes and guidelines.
An understanding of an information source must also take into consideration the motivation of each
person or group providing the information. This is because some sources will be more interested in
actions that take place separate from the hazard, while some sources will be more focused on the
hazard itself.
Accordingly, the responsible person for OHS for the building company must undertake research
with the intention to determine which source is most likely to assist in identifying hazards.
Sources most likely to do this include those that exist with a goal to prevent injury by either
purposefully identifying hazards or by indirectly exposing risks by investigating cause. A cause could
be something such as a piece of machinery that has caused an increase in incidents and an
associated risk can include a faulty technique or broken component.
This is important to note because while some sources might be interested in the prevention of the
incidents, not all will have the experience or expertise necessary to identify hazards. For example, a
source of information can include a rehabilitation consultant. A person such as this will likely have a
vested interested in sustaining a safe return to work but will not necessarily know which hazards
exist in the workplace.
Information about what information sources are likely to provide can be located by asking
questions. Key questions to ask can include:
● Does the source have personal experience of the worksite in question?
● What is the sources’ speciality?
● Does the source understand the nature of the work performed?
NOTE: A Builder/ building company should always refer or be referred to OH & S specialists who
have experience and association with the building industry which has hazards and risks peculiar to
its industry.
Example
An OH&S specialist who may have extensive experience in the
manufacturing industry and a wealth of knowledge around
machinery, equipment guards etc., may not necessarily have a
broad knowledge scope of the dangers of working at heights.
Review
The responsible person can review the information and make a
determination as to how likely it is the data is going to assist with the
identification of hazards.
Reports and investigations specifically designed to identify risk are
obvious choices assuming the data is generated from reliable sources.
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However, this is not to say that all other sources are unlikely to assist.
On the contrary, any information collected in the course of managing OHS has the potential to
identify risk. For instance, OHS meetings are scheduled with the intention to discuss information
and data likely to assist with the identification and alleviation of the risk. Likewise, staff
suggestions can highlight ongoing concerns that indirectly lead to the identification and alleviation of
hazards.
Accordingly, each piece of information and data must be reviewed individually with a view to
determining the relevance and usability.
This is a particularly effective strategy when the organisation requires assistance on a single or
infrequent basis or requires a level of specialisation that is above and beyond normal requirements.
It is also beneficial to seek input where there is a second opinion or specialist advice about
processes, procedures or legal compliance.
As stakeholders, key personnel and specialist advisors are focused on particular aspects of their
own discipline, it is often the case they have a greater understanding of current research and
solutions that are likely to achieve the desired result. In addition, they can have technical knowledge
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of particular industries, positions and procedures and are often familiar with relevant laws, current
research and industry trends to a particular area.
People or groups who can be able to act as specialists or advisors on OH & S in the building and
construction industry can include:
● employees who have an OHS role and responsibilities
● OHS specialists and testers such as:
○ - audiologists
○ - ergonomists
○ - health professionals
○ - occupational health professionals
○ - occupational hygienists
○ - safety engineers
○ - safety professionals
○ - toxicologists
● OHS technical advisors such as:
○ - engineers including design, acoustic, safety, mechanical and civil
○ - maintenance and tradespeople
○ - safety representatives, inspectors and officers
○ - workplace assessors with experience in language or disability issues
These people can be identified by using staff lists or databases maintained by industry groups.
Skill Sets:
● Probing to determine the exact nature of a problem
● taking an objective view of the situation
● cutting through existing red tape policies and procedures
● providing solutions outside of the organisation’s cultural norms
NOTE:
1. Identify the areas of concern in regards to the specific risks or hazards requiring expert
advice.
2. Seek out a professional who has the expertise in those identified areas.
Selection Criteria:
● Do they possess the appropriate qualifications?
● Is their experience relevant to the building company’s needs?
● Is their experience sufficient?
● Are they a member of a relevant professional association/s?
● Are they current?
● Past experience on similar OH & S issues or for similar building
companies?
Once a decision has been made to use the skills of another person or group this information can then
be recorded on a register or in a document either electronically or in folders in a central location.
The recorded information must clearly detail:
● the obligations of the specialist
● their contact details
● a description of their duties
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Another example is to detail this information on posters which can be located in meeting and staff
rooms.
Currency of information
The primary purpose for applying research is to:
● Discover (the facts surrounding the incident)
● Interpret (the data relating to the incident)
● Develop methods and systems for the advancement of
knowledge on OHS systems and procedures.
In relation to OHS, research can be applied to make a purposeful and
reflective investigation into workplace issues. In particular, this can
include researching to ensure the available OHS information is current
and relevant to workplace issues.
Workplace issues can include:
● changes in equipment, including technology
● changes in social, political or community environment
● changes in work organisation, including:
- Contracting
- hire arrangements
- supervisory arrangements
- outworkers
- rosters
- shift work
- work hours
- work relations
● changes in work practice
● changes for legislation and standards
● new knowledge on hazards
● outcomes of court rulings
In order for the responsible person of the building company to determine the currency of
information, there are three main types of research methods available including exploratory,
constructive and/or empirical.
Exploratory research structures and identifies new information, constructive research facilitates
solutions and empirical research tests the feasibility of solutions using evidence.
Assessment
● Accuracy
● Currency
● Relevance of the information
The responsible OHS person for the building company must consider the following five components
of the data:
1. From where did the information arise?
The responsible person should consider the following
questions:
● What subject matter is the focus of the
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information?
● Who was involved in developing the information?
● Who did the person or group source the information from?
● Who or what does the information relate to?
● What is the intended purpose of the information sourced?
● How does the information compare with other information received?
● How does the information compare with what has already been observed?
● Who are the people or groups involved in the development of the information?
● Are they involved directly with the issues at the core of the discussion?
● Were they relying on their own observations or those of others?
● Was personal experience involved?
● Have the representatives accurately analysed information they were given?
● Was the information considered accurately reflective of the issue at the core of the
consultation?
● What is the motivation of each of the participants?
● Is there an obvious bias?
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without error. Currency relates to how recently the data was generated and relevance is measured
in terms of how the information relates to what the responsible person wants to know. However,
information that reflects current issues must also be accurate and relevant.
Accordingly, the responsible person for the building company must be able to identify signs of
inaccuracy, obsolete information or irrelevance such as:
● unexpected outcomes
● mistakes
● an increase in incidents
● an increase in the number of complaints
● no improvement with regards to OHS
The first step
A critical assessment is to decide whether the data reflects issues of belief, empirical truth or logic.
Empirical truth is one that can be checked and confirmed to be relating to fact and logic and is
defined as the formal systematic study of the principles of valid inference and correct reasoning.
Example
A belief relating to OHS is that all building and construction
workers who undertake duties on scaffolding are at risk of
falling injuries. There are not necessarily any facts relied upon
to support the belief. An example of facts that are empirical
truths can be those that relate to the past amount or type of
injuries and logical data can include statements about the
logical or probable cause of injuries.
Assessment
The benefit of:
● hindsight
● historical information
● specialist advice
Example
A supplier and manufacturer of roof fall PPE equipment might be able to reasonably predict that if a
person uses the PPE in an incorrect manner, that an incident or fall problem could occur, based on
their statistics and experience in the industry.
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Exploratory research often relies on the review of available data such as policies, procedures,
reports, rulings and rosters.
Information research
● This means the responsible person can take advantage of every valid opportunity to collect
information from the people or groups that work on site.
● This type of research can include formal and informal methods of research.
● Data collected informally is an excellent starting point for more comprehensive methods, or
to quickly test an idea prior to a more rigorous study.
● The responsible person must carefully plan and execute informal efforts to produce
valuable results.
● Every effort should begin with clear definitions of research purpose, results, methods, and
synergies.
Research Tools
The tools for informal research are basically the same as for the
formal programs, albeit modified to fit a longer timeframe and
smaller budget. Examples include:
● short focus groups such as OHS committees
● questionnaires in publications and poster boards
● polls and hot issue surveys
● adding questions to meeting agendas
● collecting data from staff who are the direct contact to
the workplace
● staff satisfaction surveys
Regardless of the method, research must be evaluated to ensure it facilitates preferred outcomes
Please complete the learning activity in your Learning Activities and Assessment Tasks booklet.
HAZARD MANAGEMENT
A continuous process that can be used to improve the health and
safety of all workplaces by defining, documenting and
communicating those occasions when action is required.
In this section of the course unit Hazard Identification in the workplace will be discussed and the
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tools and procedures required for the builder, building company or their OHS representative
(responsible person) to manage and control this important facet of workplace safety. The unit will
cover:
● Types of hazards
● The Role of Stakeholders
● The Identification Process
● Continual Improvement
● Hazard identification Tools/ JAS
● Controls and Assessment
The hazards faced by building and construction workers are many and varied.
The main causes of injury and death are:
● manual handling
● slips, trips and falls
● electrocution
● structural collapse
● working with powered plant and equipment
● roadside traffic
No Go Zones are a common hazard in construction. These include areas in
close proximity to overhead or underground utility assets distributing
electricity, telecommunications, gas, water or sewerage.
Serious risks to health include noise, hazardous substances, asbestos and
UV radiation.
Injuries tend to be serious and the average cost of supporting injured
construction workers is nearly 20% higher than in other industries.
Stakeholders
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For instance, employers have general duties under the Act to
take all reasonably practicable steps to protect the health
and safety of their employees.
In addition, part one of the safety standards regulations
imposes specific requirements on employers in relation to the
matters covered by those regulations.
These include the identification of all reasonably foreseeable
hazards arising from work that can affect the health and safety
of employees or others at work who carry out risk assessments
and implement risk control measures.
Manufacturers and suppliers also have duties under the Act to
take reasonably practicable steps to ensure that plant and/or
substances are designed, constructed and supplied in a way that
ensures employee safety and that there is no risk to their health.
Other Stakeholders
Erectors and installers also have a duty to ensure the plant is
erected or installed safely and that the process of erection or
installation is safe and does not create any risk to the health and
safety of employees at the workplace.
Accordingly, all opportunities for hazard identification must be documented and this can be
facilitated by the responsible person in the form of policies, procedures and manuals.
Identification
Documents must clearly define hazards and also specify how, when, where, why hazards must be
identified. This forms part of the hazard management system which is essentially a problem-solving
process aimed at defining problems by identifying hazards, gathering information about them via risk
assessment and solving them by risk control. This is followed up by checking to see that the controls
were successful and reviewing the whole process after a period of time or when something changes.
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See it
Workplace inspections.
Hazards can be seen or identified by using checklists and hazard control logs.
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Assess it
How often has the observed hazard been in existence and for how long
have staff been exposed?
What is the severity of the hazard and what are the consequences of
exposure?
Fix it
Evaluation
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Reassess the hazard
Review It
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tools and likewise, how to alleviate risk.
Documenting the requirement to identify hazards can also be undertaken during meetings with staff
or prior to training. This can be facilitated by discussing the requirements with stakeholders and key
personnel and coming to an agreement as to what is required.
Once the requirements are defined the responsible person can make a determination as to the most
appropriate format with which to document the rules.
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● outsourced providers
● external auditors
● scheduled sourcing techniques such as fixed point reordering
● preferred supplier arrangements to guarantee timely hazard identification
● preferred supplier arrangements to guarantee quality of audits and job safety analysis
Use of effective resources for hazard control is dependent on the careful selection of both internal
and external suppliers.
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● Audits sourced either internally or externally must accurately identify processes/procedures
/actions.
Example
Job Task demands may include:
● arousal and alertness
● machine pacing or time pressure to complete a task
● physical or physiological demands
- Repetitive nature of task
- Required precision or accuracy
Some risk analysis are performed before every job and while some tasks are routine and the hazards
and controls well understood, others have the potential to cause injury or ill health.
Remove package from stretching to upper level could A step could be built so the person
pigeonhole cause muscle strain retrieving the package can see the
items at a higher level could fall pigeonhole at eye level.
down onto the mail retriever’s Boxes could be moved to a lower
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head level and placed on a flat surface for
heavier items removed above retrieval.
head level could cause back Heavier items could be collected
injury and falls backward from a lower level.
The boxes could be delivered on a
trolley to staff and placed on their
desk or workstation.
Place on desk and use box cuts from box cutter Remove box cutters and reinstate
cutter to open package policy that all staff open packages
without openers.
Training.
Staff could wear gloves.
Possible
consequences
Fatal 1 2 4 7 11
Serious 3 5 8 12 16
Moderate 6 9 13 17 20
Minor 10 14 18 21 23
First Aid 15 19 22 24 25
In the case of opening a heavier mail item from above head level, this action has a high probability of
causing an adverse event, and has high consequences such as back injury so it represents a high risk.
Conversely, removing all heavier items and placing them on a lower level reduces the hazard to low
probability and lesser consequences.
● The risk level could be classified by using the risk matrix with an original assessment of about
nine (removing heavy objects form above head height) to an improved assessment of 21
(removing items from a lower level).
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● Hazards aligned with numbers closest to 1 (one) warrant immediate action, whilst risks
assigned to higher numbers can be managed with less urgency.
● Another column is often added to the basic three columns in the JSA form worksheet to add
the person or group responsible.
● The responsible column is for the name of the individual or group who will put the
particular control in place. Defining who is responsible for actually putting the controls in
place ensures accountability.
Example
In the case where moving heavier packages to a lower level for example, the responsible person can
be the person who either delivers or sorts the packages.
Implementation - JSA
After JSA worksheet is completed, the work group that is about to perform the task should:
2. Meet to discuss the hazards and controls
3. Delegate responsibilities
4. Ensure that all equipment and tools that are described in the JSA area available to
those contingencies.
5. If everybody in the work group feels it is safe to proceed with the task, work should
commence.
If at any time during the task circumstances change:
Work must be stopped
Hazards and controls described in the JSA should be
reassessed
Additional controls used or alternative methods devised
Work should only commence when every member of the
work groups feels it is safe to do so
When complete have a meeting to discuss any lessons
learned so they can be incorporated into the JSA the next
time.
This process can assist the responsible person to consider all of the task demands and the
environment effectively. Previously completed documents should be stored electronically, on a
shared drive or alternatively, on paper in a central location.
It is also imperative that as much as it is possible, the work group that normally does the job
completes the JSA so the people most familiar with the tasks and the environment contribute to the
identification of hazards.
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● trip hazards
● asbestos
● working from heights
● working with tools and equipment
Hazards associated with the environment of a construction site can include:
● excess heat
● extreme cold
Hazards associated with the organisation of work on site can include:
● building materials not stored properly
● increased risk of injury due to truck deliveries during the time where
most staff are on site
● chemicals stored in a location that can easily accessed and ingested
● sharp tools stored in an area where staff have to walk past to get to
another area
Alternatively, any other situation can pose a risk to the safety and health of employees and it is the
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responsibility of the person managing OHS to ensure risks are kept to an absolute minimum. Some
examples of some other situations that have the potential to impact upon injury or ill health include:
● noisy machinery
● continuous exposure to noise
● the pre-existing health of employees prior to being exposed to any risk
The best way to identify risks of any kind is to undertake a risk analysis to introduce measures which
reduce the consequences of exposure.
Hazards must first be identified so the responsible person can determine how they are to be
controlled.
OHS committee
An OHS committee is an integral part of organisational systems. As such its effectiveness must be
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regularly assessed and evaluated because problem identification can lead to corrective action. If the
systems do not meet predetermined standards, improvements must be initiated then monitored to
ensure that they achieve objectives. This will be discussed in more depth in the next section.
In the case where the person or group giving input is a stakeholder, the skills cannot necessarily
warrant recording. In some businesses; however, an OHS committee member for example, can have
their skills relating to OHS openly promoted in forums such as staff meetings or on posters. In any
case, decisions must be made about the authority to be given to the stakeholder, key personnel
member or specialist and the identity of the person to whom the person or group will be
accountable. This can be a manager or chairperson of an OHS committee, for example.
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Once the inspection is completed, the responsible person must prepare:
● a written report
● a hazard inspection summary sheet
These documents highlight:
● suggested action required
● a risk rating
● an action plan including timelines
● detailed account of who will be responsible for each task
Auditing is required to check systems and work relationships and while a worksite inspection can be
seen as part of an audit, it is not a planned check of all systems. Auditing is carried out at regular
intervals with the intent to examine systems that have the potential to cause injury or ill health. HSRs
must be part of this process and the goal is to identify systems that do not work properly and are
hazardous as a result.
The essential feature of an audit to examine systems is the regularity at which they are performed
and the focus of an audit can include individual jobs, particular processes, whole departments,
locations to complete companies. Audits can look at safety checking procedures, operator training,
paperwork systems, and equipment and work practices.
When examining the workplace, the responsible person should provide a book or a pad in which any
employee can enter a hazard. This record should be checked by the supervisor or other designated
person once a day and that person must decide what is to be done and consider the relative logistics
that will facilitate hazard removal or alleviation. The responsible person should also oversee the
process to make sure the correct action is carried out by the due time. All examinations of
workplaces carried out this way can then be subject of a follow-up procedure facilitated by the OHS
committee.
Agents - The potential for injury or ill health
There are three main categories of agents that can cause harm to
the body:
● physical
● biological
● chemical
A basic understanding of physiology and how these agents can
cause harm is essential when applying the principles of OHS risk
management.
Physical agents include plant and machinery, noise, lighting and
surfaces that can cause slips and trips. The harm that these can
cause are often obvious, however machinery that constantly
vibrates or lights that constantly flicker have the potential to cause
harm, even though at first glance it may not seem much of an issue.
Biological agents can be bacteria and microorganisms that can
cause disease to spread through the workforce. Other biological
agents that could cause harm to the human body include
organisms such as mould spores that can cause respiratory
problems if inhaled.
Chemical agents such as pesticides, cleaning and other chemicals
can cause harm a number of ways – rashes and chemical burns
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when they contact the skin, respiratory problems if inhaled and mild to severe reactions if they come
into contact with a person’s eyes.
NOTE: These agents should be eliminated where possible. If working with or near these agents is
unavoidable the person responsible for OHS should ensure that all personnel have access to the
correct PPE.
Stakeholder input
As mentioned previously in some circumstances it cannot be possible to properly manage risk
without seeking the input of stakeholders with specialist skill or knowledge. If the responsible person
has neither the time nor the knowledge necessary to clarify or confirm issues personally, input must
be sought. This is a particularly effective strategy when the organisation requires:
● assistance on a temporary or infrequent, basis
● information of a level of specialisation that is above and beyond the organisation’s normal
requirements
● a second opinion
● specialist advice about processes, procedures or legal compliance
As specialists and technical advisors are focused on particular aspects of their discipline, they have a
greater understanding of current research, solutions that are commonly implemented, best practice
procedures and factors that might need to be considered when designing effective solutions.
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different measures to control them.
Hazards must first be identified so the responsible person for the builder or building company can
determine how they are to be controlled.
Hazards can be identified in a logical way using:
● visual inspection and observation
● a structured approach such as dividing the workplace into specific:
- locations such as offices, warehouses or floors
- processes such as administration, finance, receiving, manufacturing
- tasks such as washing dishes, cooking, waiting on tables
- roles such as electronics, plumbers, drivers
To determine whether an activity, situation or event is the hazard, the responsible person must
determine whether the hazards have potential to cause harm.
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Elimination
The first measure of control in the hierarchy is to eliminate the
hazard from the workplace. A piece of dangerous walkway
could be eliminated on site for example. If that is not practical,
other control measures in the hierarchy of control can be used.
-
Substitution
The next measure of control in the hierarchy is to substitute the hazard with a lesser risk. An
example of this measure would be to substitute normal cutting scissors with safety scissors. If
substitution is neither possible nor preferable, an organisation can choose to use another method
like engineering controls.
Engineering
Engineering controls involve altering or changing the risk so it is less offensive. If this is not practical
or possible, alternative arrangements can be used. An example of engineering controls could be
installing to the electrical and services cable trays instead of just running them through in an untidy
tangle. (Electrical hazard)
Administrative
Administrative controls can be used and this involves establishing policies, procedures and
appropriate work practices to reduce employee’s exposure to risk. An example is to provide training
on the proper use and storage of toxic chemicals.
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PPE
Finally, personal protective equipment can be
used to increase a person’s protection from
harm. PPE can include items such as:
● head protection
● face and eye protection
● respiratory protection
● hearing protection
● hand protection
● clothing and footwear
IMPORTANT NOTE: More than one type of control in the hierarchy can be used. The hierarchy of
control provides the guidelines for planning and designing hazard and risk controls .
When workplace changes are implemented, managers and supervisors must refer to the hierarchy to
ensure that new processes and procedures will not increase worker risk and that intervention will
comply with OHS standard and safety requirements. Compliance with the hierarchy assumes that
resources will be available to implement safety procedures as and where they are required.
Inadequacies on the current risk control measures can then be mapped against the hierarchy to
determine where the opportunities for improvement exist. Where the measures are found to be
inadequate new measures and controls must be designed and implemented in consultation with
workers and management.
The responsible person for the building company must determine whether:
● the current hazard controls are working
● there are any new or previously unrecognised risks
● processes, procedures and training programs meet the organisation’s hazards control
needs
● the hazard control system could be improved
OHS Committees
The formation of an OHS committee is tantamount in reducing
the exposure of the building company (and its directors) to
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identified risks and establishing correct controls and measures in place to mitigate those risks.
The first duty of the responsible OHS person for the company is to form such a committee and
involve all stakeholders concerned.
Representation
The company should always be represented by the main levels of management responsible for the
control and delegation of resources:
Directors - A director should always be present and accounted for because without their approval
resource funding on any major scale (and this may be warranted) could not be facilitated.
Administrative- as well as representing the office staff, are usually the instigators of administrative
controls and training. Procedures that would affect company policy would usually be instigated by
the administration team with guidance by the directors.
Construction - as the building site is the most identifiable area of hazards and risks and most
reporting will be instigated from this area, a construction representative should be present to
provide the correct feedback on procedures and site OHS incidents.
OHS Representative- The responsible person for the company should chair the meeting and
facilitate an agenda that efficiently covers:
● Representation at the meeting
● Dates and times of meetings
● Previous history or meeting notes
● Current status on company site incidents
● Notable occurrences
● Reportable incidents
● Training
● Industry Feedback
● Worksafe Victoria - News and reports
● Meeting notes
● Investigations
● Reviews- History & progress
This agenda would give all management levels the opportunity to provide input, investigate controls,
and provide report back to their divisions and staff.
Expertise from external stakeholders (OHS professionals, supplier- installers, subcontractors,
Worksafe) can be invited to the meeting to provide input and unbiased advice. From these meetings
come the decisions to provide the following:
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● OHS committees
● supervisors
Techniques for determining risk assessment outcomes and hazard control hierarchies can include
small group facilitated discussion, employee surveys or scenario planning with narrative
statements of possible futures for the organisation.
Key questions to explore when understanding risk assessment outcomes and hazard controls can
include:
● What type of work is done now?
● What risk assessment tools were used?
● What were the outcomes?
● Which hazard controls were used?
● Where the hazard controls used adequate?
● To what extent were they or were they not adequate?
From the information gained from the answers the OHS committee can then:
1. Identify the risk assessment tools and hazard controls used
2. Confirm the outcomes and, in particular, clarify whether outcomes facilitate meeting
business objectives and legal obligations.
3. Evaluate control measures
Evaluation
Evaluation is the systematic determination of
the merit, worth, and significance of something
or someone using criteria against a set of
standards.
Evaluation is often used to characterise and
apprise subjects of interest and in this case, the
focus is on the adequacy of current hazard
controls.
The responsible person can consider the
benefits on comparison to the outcomes that are not identified.
Possible hazard controls include:
● engineering control
● administrative controls
● PPE controls
Engineering controls
1. Design. This method of control aims to ensure that hazards are alleviated or minimised at
the design stage when new materials, equipment and work systems are being planned for
the workplace.
2. Removing the hazard or substituting less hazardous materials, equipment or substances.
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3. Adopting a safer process. Alterations to tools, equipment and work systems can often make
them much safer.
4. Enclosing or isolating the hazard through the use of guards or remote handling techniques.
5. Providing effective ventilation through local or general exhaust ventilation systems.
Administrative controls
1. job rotation to reduce exposure or boredom
2. timing jobs so fewer workers are exposed
3. scheduling routine maintenance and housekeeping procedures
4. training on hazards and correct work procedures
5. putting up warning signs
6. hygiene
7. repair and maintenance programs
PPE controls
● Provision of suitable and properly maintained personal protective equipment and training
in its use.
The initial cost of engineering controls can be higher than the cost of administrative controls or
personal protective equipment, but over the longer term, operating costs are frequently lower, and
in some instances can provide a cost savings in other areas of the process.
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hazards specifically exists to eliminate hazards, or preventing them from harming workers. So, if this
is not achieved, the hazard controls can be assessed as inadequate.
Adequate Inadequate
The worker was not harmed even though they The worker was harmed even though there was a
were exposed to a hazard. hazard control in place.
There have been lower incidents of injuries and The rate of injuries and accidents has increased.
accidents.
The worker was easily able to use the hazard The worker did not know how to use the hazard
control. control or there was no-compliance.
The worker chose the most appropriate hazard The worker was unaware of the available hazard
control because they have been trained to do so. controls or did not use the control appropriately.
The hazard control was chosen and all available The hazard control was chosen and the resources
resources required were prior to exposure. required were not sourced prior to exposure or they
were not available.
Some controls are easier to administer Some controls are difficult to administer and
in terms of the time it takes to access rely on compliance.
and implement.
Some controls are more likely to Some controls are less likely to alleviate or
alleviate or remove serious risk. remove serious risk.
Determining adequacy can also be facilitated by discussion at OHS meetings or on the site with the
people who are exposed to the risk. In the event there is a difference between required control and
existing controls, the responsible person can use improvement measures to facilities change.
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● electrical circuit breakers
● safety cages or barricades
● fire or duress alarms
● soundproofing and ventilation
● trolleys and mechanical lifting aids
● changing bench heights to reduce bending
Inadequacies can be identified by discussion at the OHS Committee meetings between managers and
HSRs, independent audits, observations and investigations of worksites, feedback from staff or an
emerging pattern of injuries.
Control Restrictions
In the course of applying the principles of OHS risk management, the responsible person must
adequately ensure the identified risks are addressed with effective hazard controls. In doing so,
factors impacting on the effectiveness of controls must be identified and addressed accordingly.
Factors affecting the effectiveness of controls can include:
cultural diversity
language
literacy and numeracy levels
shift work and rostering arrangements
training required
workplace culture related to OHS
including commitment by managers and
supervisors and compliance with
procedures and training
workplace organisational structures
including the size of the organisation, geographic location and hierarchical relationships
between employees
The OHS Committee will then propose control of the risk by implementing the most
preferred measure of control.
Important points to consider when assessing whether the provision of resources will facilitate
control of risk are:
● Is the resource available?
● Is the resource affordable?
● Is the resource appropriate?
● Is the resource of an acceptable quality?
● Is it fit for the purpose?
● Are staff adequately trained to use the resource?
● Has a hazard risk assessment been done relevant to the new resource?
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measure can be put in place to eliminate or control the hazard.
Naturally, prioritising is necessary to allow the responsible officer to decide what to do and what not
to do at a particular time. With respect to hazard controls, prioritising can involve:
● making a decision not to implement any hazard control
● making a decision to implement one of the possible hazard controls which are available
● making a decision to implement more than one of the possible hazard controls which are
available
Safety shield removed from The hazard is likely to result in The risk is significant and the
industrial power saw. someone being hospitalised hazard should be eliminated
with a serious injury. or controlled as high priority.
Small splinter in bench. The hazard is only likely to This risk is not significant and
result in someone requiring a it is not of a high priority to
Band-Aid for an hour or two. eliminate or control the
hazard.
Broken shelf in locked It is extremely unlikely that The risk is not significant and it
cupboard in disused anyone will ever be harmed by is not of a high priority to
storeroom. the hazard. eliminate or control the
hazard.
Faulty power cord to kettle in It is likely that the hazard will The risk is significant and the
staff kitchen. cause regular harm to hazard should be eliminated
someone. or controlled as a high priority.
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management of risk.
Documenting can occur during meetings in the form of minute taking, or can be more formal such
as in the form of written reports. These documents can include those that are purpose written with
a view to communicating methods and outcomes of risk assessment.
Methods and outcomes can also be included in the agenda and in most cases during OHS meetings
there is an opportunity for the responsible person to discuss risk assessment methods and
outcomes. In addition, during times when other people speak there can be an opportunity to
contribute to the discussion.
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Documentation Formats
Communication Levels
Procedures
Workplace procedures can dictate how any discussions are recorded and directions can be located
electronically on a shared drive. Alternatively, procedures can be located on paper in a central
location. Procedures relating to documenting information can dictate the length, content, scope,
and target audience. Workplace procedures can also be located electronically on a shared drive or in
a central location in folders.
Once the available risk assessment methods have been confirmed, and the available information
sourced, the responsible person must make an assessment as to who to communicate the
information about methods and outcomes to.
This will depend upon who from the OHS committee has the delegation to approve the undertaking
of risk assessments, and in some cases, it will not be appropriate to communicate outcomes directly
and it can be necessary to communicate with someone who has the authority, usually the director/s
for approval.
Planning
Regardless of the communication method, the first stage of strategic improvement is planning.
Planning focuses on the strategy the responsible person can employ to do the job. This includes
determining exactly which methods of risk assessment will be highlighted.
Documentation
The next stage of strategic improvement process includes documenting accurately what methods
require reconsideration as well as how the improvement will be facilitated. Documentation can be in
the form of an electronically written report and can include graphs, flow charts and other tools
designed to ensure the reader understands the communication.
Communication
Communication during the risk assessment process can involve discussion with stakeholders and key
personnel. Stakeholders can include any person delegated with the responsibility to contribute to
the improvement process.
Once the delegated persons are identified, the documentation process during the management of
risk assessment must be directed in consideration of the target audience. So, if the documentation of
risk assessment outcomes suggests an improvement strategy is warranted, communication must be
directed at whoever is able to facilitate that change. The directive can be communicated in person
or, in writing.
In some cases it can be necessary for the responsible person to communicate with more than one
group of people. In this case, documentation must take into consideration differing communication
requirements. For example, one group of people can require documentation via email while another
group can prefer more formal methods of documentation.
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Activity 3 – Controls and Committees
Please complete the learning activity in your Learning Activities and Assessment
Tasks booklet.
The roles and responsibilities of all stakeholders, including the directors of the building
company- this includes the formation and selection of an OHS Committee
The OHS Act current to the states that the building company operates (in some
circumstances this may be Victoria and NSW)
Site Specific OHS information that may be relevant to an individual project or the
flexibility to contain this information
General and High Risk information – pertinent to the particular building and
construction operations of the company
Emergency Evacuation and Response Plans- what to do and where to go in worst and
any case scenarios
Internal and External OHS Consultation commitments
Particular Site Safety Procedures- Induction
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The use and retention of SWMS.
In Victoria legislation is the Occupational Health and Safety Act 2004 and the regulations of 2007.
The Plan should also nominate that the responsibility for regulation falls upon Worksafe Victoria.
The Occupational Health and Safety Regulations 2007 (OHS Regulations) will expire in June 2017.
WorkSafe is required to review and remake the regulations by this date. This work will be
undertaken in line with the requirements of the Subordinate Legislation Act 1994, which requires
legislation to be reviewed every 10 years.
Other Acts
Some other Acts include:
Workplace Injury, Rehabilitation and Compensation
Act 2013
Accident Compensation Regulations 2012
Compliance Codes/ Codes of Practise (including but not
restricted to):
Communicating Occupational Health and Safety across
Languages- Compliance Code
Workplace Amenities and Work Environment-
Compliance Code
First Aid In The Workplace - Compliance Code
Confined Spaces - Compliance Code
Prevention Of Falls In General Construction - Compliance Code
Removing Asbestos In Workplaces - Compliance Code
Manual Handling (Code Of Practice No.25, 2000)
Code of Practice for the Storage and Handling of Dangerous Goods 2013
Hazardous Substances (Code Of Practice No. 24, 2000)
Prevention Of Falls In Housing Construction (Code Of Practice No.29, 2004)
Duty of Care
The Occupational Health and Safety Act 2004 sets out the key principles, duties and rights in relation
to workplace health and safety. In addition, new regulations for occupational health and safety came
into effect on 1 July 2007, which outline obligations regarding specific hazards. Employers (refer to
the attached copy of the OHS Act 2004 on the usb or student portal for full details).
Division 2—Main duties of employers
21. Duties of employers to employees
(1) An employer must, so far as is reasonably practicable, provide and maintain for employees of the
employer a working environment that is safe and without risks to health.
(2) Without limiting sub-section (1), an employer contravenes that sub-section if the employer fails to
do any of the following—
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(a) provide or maintain plant or systems of work that are, so far as is reasonably practicable,
safe and without risks to health;
(b) make arrangements for ensuring, so far as is reasonably practicable, safety and the absence
of risks to health in connection with the use, handling, storage or transport of plant or
substances;
(c) maintain, so far as is reasonably practicable, each workplace under the employer's
management and control in a condition that is safe and without risks to health;
(d) provide, so far as is reasonably practicable, adequate facilities for the welfare of employees
at any workplace under the management and control of the employer;
(e) provide such information, instruction, training or supervision to employees of the employer
as is necessary to enable those persons to perform their work in a way that is safe and
without risks to health.
23
(3) For the purposes of sub-sections (1) and (2)—
(a) a reference to an employee includes a reference to an independent contractor engaged by an
employer and any employees of the independent contractor; and
Employees
All workers have a duty of care to ensure that they work in a manner that is not harmful to their own
health and safety and the health and safety of others.
Project Information
The plan should be open to Project specific information. This provides the plan the flexibility to be
non-generic in format and cover sites and situations that have OHS requirements that are outside
the main guideline of the OHS plan either by design or nature of the build.
Areas of definition here could include, but not be
restricted to:
Slope- where the presence of site slope requires
additional information on site access and thoroughfares.
Fall Prevention- can be incorporated to include
the above section, r where the company is progressing
from one to two storey, or moving into medium rise multi
storey construction.
Design- should include specific design
components in the building form that may require special
attention to lift (manual handling) or fall protection. Internal
loft construction, especially with shopping or office centres
would need to be addressed in this section.
Union requirements- this would be applicable
where the building company does both commercial and
residential construction.
Specification- type of products to be used or
included out of normal specification
Type of building – low, medium or high rise building
construction.
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An OHS plan is all about the safety and protection of the
people involved in the company’s operations, so this part of
the OHS Plan involves understanding all of the people:
Who are affected by OHS in the company
who are directly affected by it
who have a responsibility for it
who have an interest in information to review
Who will form and be part of an OHS Committee
The table below shows some of the people who can be stakeholders:
Stakeholders can be both organisations and people and ultimately the person responsible for OHS in
the company must communicate with people to ensure there is input to review.
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complete or undertake each action required. Some examples of specific actions that can relate to
specific employees include:
The Chief Executive Officer/Director
is ultimately responsible for safety performance
will formally approve the OHS policy
will ensure safety is on the agenda and discussed at all board meetings
will instigate the selection of a responsible person within the company or eternally for OHS
guidance, management and documentation of the OHS Plan
will implement the formation of an OHS committee
will commit resources to the adoption of the OHS Plan
Senior Management
will review overall organisational health and safety
performance
participate where required in the resolution of safety
issues
review serious incidents and monitor corrective actions
review health and safety performance of middle
management
ensure organisational compliance with health and safety is communicated regularly with
direct reports on relevant OHS matters
ensure safety is an agenda item for all relevant meetings
allocate adequate time and resources for the health and safety program to be established at
workplaces
Middle Management
ensure all appropriate actions are taken to implement the OHS management system
monitor health and safety performance within area of responsibility and initiate actions to
improve health
demonstrate commitment to health and safety through participation in formal and informal
discussions, workplace visits, hazard inspections and risk assessments
participate where required in the resolution of safety issues
review all incidents and prepare reports if appropriate
review any health and safety reports and take appropriate action
participate in health and safety committees where required
ensure consultation with employee HSR’s, particularly on any workplace changes which have
a health and safety component
review and assess the health and safety performance of supervisors
communicate regularly with direct reports on relevant OHS matters
ensure safety is an agenda item for all relevant meetings
allocate adequate time and resources for workplace OHS plans to be established
maintain documentation and records in accordance with the organisation’s standards
support and resource OHS training in the workplaces under their control
ensure that safe operating procedures are in place for potentially hazardous tasks
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ensure appropriate health and safety information, instruction and/or training is provided to
employees and contractors, based on identified training needs
ensure all relevant contractors and employees hold current licences, registration
competency certificates in accordance with appropriate legislation and business
requirements
Supervisors
implement the OHS plan
monitor health and safety performance within an area
of responsibility
demonstrate commitment to health and safety through
participation in formal and informal discussions,
workplace visits, hazard inspections and risk
assessments and pre-purchase evaluations
participate where required in the resolution of
safety issues
investigate all incidents within area of
responsibility
ensure liaison with HSR’s, particularly on any
workplace changes which have a health and
safety component
initiate actions to improve health and safety
within an area of responsibility
actively monitor the workplace to determine the
presence of hazards and rectify any hazards found
participate in any local health and safety committees when nominated
ensure employees under their control are able to competently and safely perform any work
they undertake and are aware of the risks and hazards associated with their work
participate in the rehabilitation of injured workers in consultation with the return to work
rehabilitation to coordinator
communicate regularly with direct reports on relevant OHS matters
ensure safety is an agenda item for all relevant meetings
maintain health and safety documentation and records in accordance with the organisational
standards
Employees and Contractors
take reasonable care of themselves and others who can be affected by their actions
comply with all OHS instructions and requirements at the workplace
ensure they are able to competently and safely perform any work they undertake and are
aware of the risks and hazards associated with their work
promptly report all OHS hazards and incidents
ensure they hold and at all times have accessible current licences, registration competency
certificates in accordance with appropriate legislation and business requirements
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Low rise – residential one and two storey buildings
Medium rise – commercial three to ten storey buildings
High rise – ten storey plus commercial building construction.
Information to be contained in this section can be general in regards to construction work and that it
involves the construction, alteration, conversion, fitting out, commissioning, renovation,
refurbishment, decommissioning or demolition of any structure, or any similar activity.
The OHS Plan may indicate what section of the construction industry that the building company is
involved in:
housing (represents nearly 60% of the industry and includes the construction of domestic
houses, flats and associated outbuildings)
commercial (includes the construction of office buildings, shops and shopping centres, public
buildings, factories and medium to high rise apartment buildings)
civil (includes the construction of roads, railways, bridges, tunnels, wharfs, pipelines, reservoirs,
dams and similar infrastructure works)
engineering (includes the construction of power stations, chemical processing and storage
facilities, major industrial processing plants and ship building)
Risk Management
The person responsible must establish and implement a documented safety management system as
the primary means of ensuring the safe operation of the facility.
An OHS Plan must:
provide a comprehensive and integrated management system for the control of risk
be accessible and comprehensible
set out the operators safety policy
describe safety objectives and the systems and procedures to achieve them
set out how legal duties will be complied with
Refer to the previous sections on Hazard and Risk Management and address the areas of:
Risk Analysis
JSA- Job Safety Analysis
Hazard Identification
Control measures
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A systematic approach should be taken by builders and sub-contractors to identify hazards and
control risks within their OHS Plan and once identified, nominate the controls and measures that will
be instigated to manage these risks.
The OHS Plan should nominate how the OHS committee will monitor site activities to ensure the
controls are effectively managing the risks, especially for high risk construction work.
Risks must be eliminated so far as is reasonably practicable. If they cannot be eliminated, they must
be reduced by implementing any mandated controls, then by:
Substituting a new activity, procedure, plant process or substance
isolating persons from the hazard
using engineering controls, or
A combination of the above
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Employers are responsible for ensuring the safety of everyone in their workplace (especially during
emergencies such as a fire). This includes employees, contractors, visitors and customers. It is
important to be prepared to ensure everyone can evacuate quickly and safely.
The Emergency Evacuation plan should note and include the following:
Placement of fire equipment in the workplace
where it can be accessed quickly if needed (e.g. fire
extinguisher, hose and blanket). If the builder is
unsure about what they need, contact their local
fire authority or fire equipment supplier for advice.
Document the emergency evacuation plan of how
people should evacuate the workplace and where
they should assemble if there is an emergency. Display the
emergency evacuation plan diagram where everyone can see
it, both in the office and at site, and practice the plan with
their employees and subcontractors at regular intervals, for
example, every six months. Make sure each poster clearly
indicates where they are, where the exits are (office) and
where the assembly area is.
Ensure fire equipment suitable for risks specific to the site or
office workplace are available (e.g. foam or dry powder type
extinguishers for fires that involve flammable liquids).
Office Location - Install signage so people can find fire
equipment quickly and identify what type of fire it can be
used on. If there is a battery backup for illuminated exits
signs, test the battery power regularly. Make sure emergency
exits are unlocked, not blocked and exit signs are illuminated.
Ensure extinguishers are placed away from heat sources and
are regularly maintained.
Train employees in how to use fire equipment and know what type of fire extinguishers to
use for different types of fires.
Ensure fire equipment is tested by your local fire authority or fire equipment supplier to
make sure it operates correctly. Contact them for advice on how frequently your equipment
needs to be tested (usually every six months).
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Investing in effective employee training will increase skills, knowledge, productivity, morale and help
reduce workplace incidents. The OHS Plan should outline what resources senior management will be
inputting to implement the correct and suitable training to suit their company operations.
Building companies in particular must be addressing a broader spectrum of training in fall from
heights training in site supervision.
The Occupational Health and Safety Act 2004 requires
employers to provide such training to employees as
necessary to enable the employees to perform their work in
a manner that is safe and without risks to health.
Various regulations made under the Act (e.g. Hazardous
Substances Regulations, Plant Regulations) require
employers to provide training to employees on:
The nature of hazards
The processes used for hazard identification, risk
assessment and risk control
The need for, and proper use, of measures to control risk
Safety procedures
The use, fit, testing and storage of personal protective equipment
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Site Safety Procedures
The OHS Plan should nominate the implementation of all site safety regulations and how all
stakeholders will be inducted into the Site Safety Management Plan. Where appropriate the use of a
Site Safety Establishment Worksheet should be used and demonstrated (refer to attached on USB or
student portal).
The stakeholders include (but not restricted to) the following:
All company management and staff who may visit the site
All external consultants- architects, engineers, certifiers
All subcontractors
All suppliers/installers, delivery drivers
Any clients that may visit the site on request
While different stakeholders may be directly or indirectly involved on a building project, they should
still recognise that they have a duty of care in regards to OHS.
Induction
The Induction process should incorporate the internal components of
the OHS Plan:
The Emergency Evacuation and Response Plan – Site specific
The Site Safety Establishment Worksheet- Site Specific
The OHS Committee- Involvement, duties and reports – Listing
members
Site Specific Plans and procedures
Job Safety Analysis Guidelines – job, role, task specific.
The use of Personal Protective Equipment- – job, role, task specific.
Duty of Care- Employer/ Employees
Hazard and Risk Identification – responsibilities, reports
SWMS – the supply and recording of the documents- job, role, task specific
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c) Clearly detail the measures selected to control those risks,
d) Describe how the risk control measures will be implemented.
The SWMS should also identify the:
Date and location the HRCW is to be performed
Person/s responsible for ensuring selected risk controls are installed and maintained
Names of workers consulted in the document’s preparation
Refer to the attachment on the usb or student portal for a full template of a Safe Work Method
Statement for HRCW.
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