WHS IN TODAY’S WORKPLACE

SEMINAR PROGRAM

Session 1- the harmonisation of WHS Laws in Australia

- Work Health and Safety Act

- Work Health and Safety Regulations

Session 2 – behavioural based safety

- Addressing at-risk behaviour

Session 3 – associating the principles of hazard management and injury management

- Risk based job descriptions

Session 4 – are you being managed by your workers compensation claims

- reducing the cost by reducing over reliance on third parties

- reducing the cost by managing your files

- reducing the costs by starting the RTW process on day 1.

Session 1: The harmonisation of WHS Laws in Australia

OHS identified as regulatory ‘hot spot’…

Regulatory burden, costs for business &

wider economy estimated at $16B

Therefore…

OHS and industrial relations the first

areas of major reform

Why Change?

9 separate OHS Acts

1 Model Work Health Safety Act

The Federal Government is committed to developing a ‘seamless economy’

The objects of harmonising work health & safety laws through a model framework are:

Objectives of Harmonisation

• to protect the health and safety of workers

• to improve safety outcomes in workplaces

• to reduce compliance costs for business

• to improve efficiency for regulator agencies

Achieving Consistency

S

EW

N

The adoption and implementation of model

OHS legislation requires each jurisdiction to

enact . . . their own laws that mirror the

model laws as far as possible having regard

to the drafting protocols in each jurisdiction.”

(Clause 5.1.7)

HARMONISED WORK HEALTH & SAFETY LAWS

Jan-Dec

2011

Dec

2010 Dec

2009

Oct 2008

Jan 2009 Nov

2010

June

2011

Sept

2009

July

2008

Mirroring of Model

Legislation by States and Territories

Development and agreement on

Model

WHS Legislation and

priority Model Codes of Practice

Commencement

of harmonised Legislation across

Australia

1st Jan

2012

The Path to Harmonisation

The expected benefits of similar work health & safety laws in each jurisdiction are:

The benefits of harmonised WHS laws

A consistent level of safety for all workers in Australia with maintenance of our existing standards

Reduced compliance and regulatory burdens for businesses operating across state and territory boundaries

Easier to do business – no matter where you do business or work in Australia the same laws will apply

A larger resource of health and safety information, which will help deliver clear and consistent information to all Australians

What is different

A focus on cause and effect giving prominence to the duties of care, consultation and representation

Moving away from the employment relationship as the basis of obligations to ensure all who are involved in work being done will have a duty of care – no loop-holes or gaps

Enhanced protection against discrimination, coercion, inducement and misrepresentation that prevent a person from being involved WHS

Broadened rights for representation and rights of representatives including preserving union right of entry to workplaces

Provision for graduated enforcement, with alternative options for improvement in health and safety

Significant increases in the maximum fines and the introduction of categories of offence

What is new for QLD under WHS Act?

An employer Is captured under the definition PCBU ‘person conducting a business or undertaking’

Controllers, self employed etc.

Are also a PCBU with general duties of care

General duties of Employers

Will be subject to qualifier ‘reasonably practicable’ and will apply to all PCBUs and extend to all PCBUs who are involved in the conduct of work

Employees Are captured under the definition of worker which is broadly define to include anyone who carries out work in any capacity, including volunteers

What is new for QLD under WHS Act?

Duty of workers Workers have an expressed duty to take reasonable care of themselves at work

Duty of others Others are required to take reasonable care when at a place of work

Duty on Officers Will change from having an attributed liability to a positive duty of “due diligence” to ensure PCBU complies with duties

Due diligence Is specifically defined and includes knowledge of WHS and business risks , allocation of resources, WHS reporting, compliance and verification processes

Consultation Broadened to include all workers affected and otherPCBUs with shared responsibilities

What is new for QLD under WHS Act?

OHS Representatives

Replaced by health & safety representatives (HSR) with increased functions and powers

HSR powers After completing approved training HSRs will be able to issue PINs and direct unsafe work to cease

Management ofRisk

Risk assessments are not mandated in the Act but are mandated in the Regulation for certain high risk work

Union officials Can apply for WHS entry permit to enter a workplace to advise on WHS or when a breach is suspected

What is new for QLD under WHS Act?

Protection against discrimination

Enhanced to protect workers and those in commercial arrangements from coercion, inducements or misrepresentation

Onus of Proof Reverse onus removed with the prosecution having to prove a breach was committed

Penalty Options Graduated enforcement options to include injunctions,

remedial action and enforceable undertakings

Penalties Maximum penalty for a corporation of $3 million and

for an individual $300,000 & up to 5 years

imprisonment for the most serious breaches

Any Questions?

Session 2 – behavioural based safety

WHAT IS AT-RISK BEHAVIOUR?

Industry is becoming increasingly aware of the importance of

taking human factors into account in safety management,

particularly in industries where human operations dominate.

Accidents are commonly attributed to at-risk behaviour or

human error. When accidents are investigated, many of the

systemic causal factors are human in their origins, e.g.:

inadequate training, bad design or poor safety culture.

BEHAVIOUR-BASED SAFETY PROGRAMS

A popular approach to managing the people issues in safety..

A BBS program must include all employees. This includes the CEO to the floor assistants.

To achieve changes in behaviour a change in policy, procedures and/or systems most assuredly will also need some change. Those changes cannot be done without buy-in and support from all involved in making those decisions.

BBS is not based on assumptions, personal feeling, and/or common knowledge. To be successful, the BBS program used must be based on scientific knowledge.

It is also an effective way of demonstrating consultation.

A good BBS program will consist of:

- Common goals — Both employee and managerial involvement in

the process

- Definition of what is expected

— Specifications of target behaviours derived from safety assessments

- Observational data collection

- Decisions about how best to proceed based on those data

- Feedback to associates being observed

- Review

The goal should be small gains over and over again;

continuous growth. BBS is not a quick fix. It is a commitment.

There are numerous programs on how to implement

behaviour-based safety programs. They vary in price, detail

and commitment. But the goal is always the same: eliminate

injury.

How Behaviour-Based Safety Works

1. At-risk behaviour is identified by observation. Site observation

includes individual feedback, which is the most effective act in the

BBS process.

2. Data gathering and preliminary reports Observation checklists

are gathered and entered in electronic database. Reports are

generated for BBS steering committee to analyse and recommend

practical solutions. These reports flag out trends of at-risk

behaviours and in which location they are taking place.

3. Report analysis and recommendation

The steering committee is made up of high-level influential

members and chaired by Management Representative. The

committee has periodical meetings to discuss and analyse BBS

report findings. The committee then produces a set of

recommendations to tackle workers’ behaviour.

Any Questions?

Session 3 - Risk based job descriptions

THE GAP BETWEEN JOB DESCRIPTIONS AND RISK ASSESSMENTS

WHAT IS A RISK BASED JOB DESCRIPTION?

A risk based job description is the analysis of how a task is

accomplished, including a detailed description of both

manual and mental activities, task and element durations,

task frequency, task allocation, task complexity,

environmental conditions, necessary clothing and

equipment, and any other unique factors involved in or

required for one or more people to perform a given task.

How to conduct a risk based job description

Step 1: Select the Job

In selecting jobs to be analysed and in establishing the order

of analysis, the following factors should be considered. They

are listed in order of importance.

1. Production of Injuries.

2. Frequency of Accidents

3. Potential Severity

4. New Jobs

Step 2: Perform the Analysis

The person responsible for the worker should perform the Risk

Based Job Description task using a task sheet. This should be used

as a reference as the notes taken on it can be used when

determining hazards and recommendations. A reliable list will be

developed though observation and discussion (consultation!).

The job being analysed should be broken down into a sequence of

steps that describes the process in detail. As a rule, the Risk Based

Job Description task should contain less than 12 steps. If more

steps are needed, the job should be broken into separate tasks.

Risk Based Job Description task involves the following:

1. Selecting a qualified person to perform the task.

2. Briefing the candidate demonstrating the task on the purpose of the

analysis.

3. Observing the performance of the job and breaking it into basic steps.

4. Recording and describing each step in the breakdown.

5. Reviewing the breakdown and description with the person who

performed the task.

6. Select an experienced, capable and cooperative person who is willing

to share ideas

The wording for each step should begin with an action word such as

“remove,” “open, or” “lift”.

Step 3: Identify Hazards

Hazards associated with each step are identified. To ensure a thorough

analysis, answer the following questions about each step of the operation:

- Is there a danger of striking against, being struck by, or otherwise making

injurious contact with an object?

- Can the employee be caught in, by, or between the objects?

- Is there a potential for a slip or trip? Can someone fall on the same level or

to another?

- Can an employee strain himself or herself by pulling, pushing, lifting,

bending or twisting?

- Is the environment hazardous to one’s health (toxic gas, vapor, mist, fumes,

dust, heat, chemicals or radiation)?

Step 4: Develop Solutions

The final step in the Risk Based Job Description task is to

develop a safe, efficient job procedure to prevent accidents.

The principal solutions for minimizing hazards that are

identified in the analysis are as follows:

- Find a new way to do a job.

- Change the physical conditions that create the hazard.

- Reduce the frequency of its performance.

Step 5: Conduct a Follow-up Observation

Each consultant should observe employees as they perform at least one

job for which a Risk Based Job Description has been developed. The

purpose of these observations is to determine whether or not the

employees are doing the jobs in accordance with the safety procedures

developed. The consultant should review the Risk Based Job Description

before doing the follow-up review to reinforce the proper procedures

that are to be followed.

Any Questions?

Session 4 – are you being managed by your claims

You need to understand the role you can play and the role you cannot

Your role=

Incident notification, incident reporting, incident investigation and injury management

Insurer/Agent role=

Financial management, claims management

Authority role =

Funds management , scheme administration

Broker role =

Cutting the best deals!

- REDUCING OVER RELIANCE ON THIRD PARTIES

- REDUCING OVER RELIANCE ON THIRD PARTIES

In most cases your WorkCover Insurance Policy requires you to buy an

excess, much in the same way you do in car insurance. The critical factor

is the actions you take during the excess period.

Don’t exhaust all of your energy on liability issues, payment is done with

a denial of liability anyway.

You have to pay them

They are not included in your WorkCover premium calculations

(They are included statistically as a minor claim – under- threshold liability)

- REDUCING THE COST BY MANAGING YOUR FILES

Preparation:-

A. You need an Incident Management Program (IMP).

B. Your IMP (and files for that matter) must include:-

• Emergency Response

• First aid report, photos if applicable of incident scene

• Incident notification (consider new Act)

• Incident report

• Incident investigation

• Investigation report

• Injury Management

• File notes detailing diagnosis, prognosis, treatment, medication, phone

calls, conversations, rtw plans, letters to and from doctors | ORP......

• Claims Management

• Accounts, claim forms, letters to and from agent

Play your part!

-Injury Management requires a team of people, committed from day 1!

Your team needs to include a first aid officer, an incident investigation

team, a HSR if available, an accounts/payroll administrator, a return to

work coordinator, the injured worker’s supervisor, the HR Manager, the

boss, a nominated treating doctor, an independent medical consultant

(IMC), an ORP (+ a suitable duties employment provider in the event of

NES), the agent’s IMA and Claims Consultant, and of course, the injured

worker and their family. That’s at least 15 people (some times 1 person

may wear a few different hats!) They all need to be activated on day 1

and you need an efficient process in doing so!

- REDUCING THE COSTS BY STARTING THE RTW PROCESS ON DAY 1.

Play your part!

-Activate the Emergency Response Team and make sure the scene is

secured and the injured person attended to. Consider first aid kit location,

first aider location, DRABCD......

- REDUCING THE COSTS BY STARTING THE RTW PROCESS ON DAY 1.

Play your part!

-Commence formal injury management.

-Make initial diagnosis in consultation with injured worker and first aider.

Is an ambulance or medical provider required? Make a detailed

observation of the injury and ascertain as much information from the

injured person as you can with respect to the circumstances of the

incident giving rise to the injury.

- REDUCING THE COSTS BY STARTING THE RTW PROCESS ON DAY 1.

Play your part!

-Ensure you have an return to work commitment program ready to go to

the doctor! The kit should include your occupational rehabilitation

program (return to work policy, suitable duties register, roles and

responsibilities of parties involved in return to work, recommended

suitable duties). Accompany the injured person to the nominated treating

doctor where appropriate.

- REDUCING THE COSTS BY STARTING THE RTW PROCESS ON DAY 1.

Play your part!

- Commence the investigation! – Identify the 4 P’s of evidence. “A positive

opportunity to improve the control of workplace hazards”

- REDUCING THE COSTS BY STARTING THE RTW PROCESS ON DAY 1.

Play your part!

-Contact the Injury Management Consultant if different to the nominated

treating doctor. Outline the incident and probable diagnosis. What is there

view on prognosis, treatment, medication, capacity – be informed!

- REDUCING THE COSTS BY STARTING THE RTW PROCESS ON DAY 1.

- REDUCING THE COSTS BY STARTING THE RTW PROCESS ON DAY 1.

Play your part!

-Contact the Agent and verbally advise claims administrator of incident

and where possible email or fax through incident report form. Ask to

speak to IMA and initiate RTW discussions.

- REDUCING THE COSTS BY STARTING THE RTW PROCESS ON DAY 1.

Play your part!

-In consultation with the IMA contact the nominated treating doctor and

discuss RTW opportunities. Fill in your return to work plan whilst your

talking so the NTD knows what to expect when you email or fax it

through. Make sure the injured worker is involved – technology enables

us to contact multiple phones at once!

- REDUCING THE COSTS BY STARTING THE RTW PROCESS ON DAY 1.

Play your part!

-Form a meeting with relevant parties: the first aid officer, the incident

investigation team, the HSR if available, the accounts/payroll

administrator, the return to work coordinator, the injured worker’s

supervisor, the HR Manager, the boss. Discuss the incident and finish the

respective incident reports.

And that’s what we call all in a day’s work!

Any Questions?