ohs learner resource.pdf

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ACMOHS501AOccupational healthand Safety

Learner Resource


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ACMOHS501A OHS AB.doc

Box Hill Institute of TAFE 2006

First published July 2006Reprinted with changes September 2009, January 2010, January 2011, January 2012

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Centre for Biotechnology and Animal SciencesPrivate Bag 2014Box Hill 3128Victoria AustraliaPh: (03) 8892 2081Fax: (03) 8892 2119

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Box Hill Institute of TAFE 2012 Page iii of 168

AcknowledgementsThe publishers and authors gratefully acknowledge the kind permission of the copyrightowners to reproduce published material from the following sources:

Victorian WorkCover Authority, Melbournehttp://www.workcover.vic.gov.au

Code of Practice Manual Handling2000Code of Practice Noise 1992Code of Practice Plant1995Code of Practice Hazardous Substances 2000Code of Practice Dangerous Goods Storage and Handling2000Officewise: A Guide to Health and Safety in the Workplace 1997

Division of Workplace Health and Safety, Queenslandhttp://www.whs.qld.gov.au/

A Guide to Practical Machine Guarding

Advisory Standard for NoiseAdvisory Standard for Falls from HeightsAdvisory Standard for Hazardous SubstancesAdvisory Standard for First Aid

WorkCover Corporation SA, South Australiahttp://www.workcover.com/

(in conjunction with Workplace Education Service TAFE SA, South Australia) WorkplaceHealth and Safety Training Resource Kit1998Lesson Plans for Teachers: Identifying Hazards

Fire Protection Association Australiahttp://www.fpaa.com.au

Portable Fire Extinguisher Guide 2000 Edition

Every care has been taken to trace and acknowledge copyright. The publishers welcomefurther information from parties with copyright interest in the material herein.


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Box Hill Institute of TAFE 2012 Page v of 168

Table of ContentsIntroduction to the Learner Resource ..................................................................... ............................................ 9

Animal Care and Management ....................................................................................................................... 9Introduction ....................................................... ................................................................ .............................. 9

Purpose of this module ............................................................ ............................................................ 9What you will need............................................................................................................................. 10Learning and assessment ................................................................... ................................................ 11How you will be assessed............................................................... .................................................... 11

How to submit your assessments ............................................................ ...................................................... 12Resubmissions ................................................................ .................................................................... 12Due dates ..................................................................... .............................................................. ........ 13Address for correspondence .............................................................................................................. 13

Summary of elements ACMOHS501A .......................................................................................... .................... 15

Unit descriptor .............................................................................................................................................. 15Employability skills ...................................................... ............................................................... ....... 15Application of this Unit .................................................................... .................................................. 15

Unit sector ................................................................. .................................................................. .................. 16General animal studies ...................................................................................................................... 16

Evidence guide .................................................................. .................................................................... ........ 17Why is OH&S important .................................................................................................................................... 19

Introduction ....................................................... ................................................................ ............................ 19References ........................................................... ....................................................................... ........ 20

OH&S Legislation in Victoria .......................................................................................................... .................. 21Introduction ....................................................... ................................................................ ............................ 21The law ......................................................................................................................................................... 21The OH&S Act ............................................................................................................................................. 22

Who is covered by the OH&S Act? ................................................................. ................................... 22Legal responsibilities under the OH&S Act ......................................................................... .............. 23Employer duties ............................................................... .................................................................. 23Key responsibilities under the OHS Act 2004 Employers .............................................................. . 23Key responsibilities under the OHS Act 2004 Employees............................................................... 25

Resolving health and safety issues in the workplace ...................................................... .............................. 26Consultation on OH&S ............................................................ .......................................................... 27Forming designated work groups ............................................................. ......................................... 27Electing health and safety representatives.................................................................................... ..... 28Establishing a health and safety committee ................................................................... .................... 30Powers of inspectors ................................................................... ....................................................... 31Authorised representatives ...................................................................... .......................................... 32

Regulations ................................................................................................................................................... 33

Regulations under the OH&S Act .............................................................. ........................................ 33Regulations under the Dangerous Goods Act .................................................................... ................ 33References ........................................................... ....................................................................... ........ 33

OH&S risk management .................................................................... ................................................................. 35Why is OH&S risk management important? ....................................................................... .......................... 35Identifying hazards .............................................................. ................................................................... ....... 35

What is a hazard? ..................................................................................................... ......................... 35Circle the hazards that you can see ................................................................................................... 36How are hazards identified? ................................................................ .............................................. 36

Sample hazard inspection checklist ....................................................................................... ....................... 38Assessing risk .............................................................. ............................................................... ........ 45Consequence ............................................................ ................................................................... ....... 46Likelihood .................................................................... .............................................................. ........ 46Calculating risk scores .................................................................................................. .................... 46Controlling the risks ............................................................................................. ............................. 48


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Health and safety hazard types .................................................................... ...................................... 55References ........................................................... ....................................................................... ........ 55

Physical hazards .................................................................................................................................................. 57Introduction ....................................................... ................................................................ ............................ 57Plant, machinery and equipment .............................................................. ..................................................... 58

Effects on health and safety .................................................................... ........................................... 59Identifying hazards ............................................................... ............................................................. 60Assessing hazards ................................................................. ............................................................. 60Strategies to control hazards .................................................................. ........................................... 61References ........................................................... ....................................................................... ........ 63

Noise ............................................................... .................................................................. ............................ 64Effects on health and safety .................................................................... ........................................... 64Identifying hazards ............................................................... ............................................................. 65Assessing hazards ................................................................. ............................................................. 66Strategies to control hazards .................................................................. ........................................... 69References ........................................................... ....................................................................... ........ 71

Vibration ....................................................................................................................................................... 72Effects on health and safety .................................................................... ........................................... 72

Identifying hazards ............................................................... ............................................................. 74Assessing hazards ................................................................. ............................................................. 74Strategies to control hazards .................................................................. ........................................... 75References ........................................................... ....................................................................... ........ 75

Electrical hazards ........................................................ ................................................................. ................. 76Effects on health and safety .................................................................... ........................................... 76Identifying hazards ............................................................... ............................................................. 77Assessing hazards ................................................................. ............................................................. 80Strategies to control hazards .................................................................. ........................................... 81References ........................................................... ....................................................................... ........ 81

Lighting ........................................................... .................................................................. ............................ 82Effects of health and safety .......................................................... ...................................................... 82Identifying hazards ............................................................... ............................................................. 83

Assessing hazards ................................................................. ............................................................. 83Strategies to control hazards .................................................................. ........................................... 85References ........................................................... ....................................................................... ........ 86

Temperature .............................................................. .................................................................. .................. 87Effects on health and safety .................................................................... ........................................... 88Identifying hazards ............................................................... ............................................................. 89Assessing hazards ................................................................. ............................................................. 89Strategies to control hazards .................................................................. ........................................... 89References ........................................................... ....................................................................... ........ 90

Radiation ................................................................... .................................................................. .................. 91Effects on health and safety .................................................................... ........................................... 91Identifying hazards ............................................................... ............................................................. 92Assessing hazards ................................................................. ............................................................. 92

Strategies to control hazards .................................................................. ........................................... 93References ........................................................... ....................................................................... ........ 94

Falls from heights ......................................................................................................................................... 95Effects on health and safety .................................................................... ........................................... 95Identifying hazards ............................................................... ............................................................. 96Assessing hazards ................................................................. ............................................................. 96Strategies to control hazards .................................................................. ........................................... 97References ........................................................... ....................................................................... ........ 99

Housekeeping ........................................................... ..................................................................... .............. 100Effects on health and safety .................................................................... ......................................... 100Identifying hazards ............................................................... ........................................................... 101Assessing hazards ................................................................. ........................................................... 101Strategies to control hazards .................................................................. ......................................... 102References ........................................................... .......................................................................... ... 102

Chemical hazards .............................................................................................................................................. 103


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Introduction ....................................................... ................................................................. ......................... 103Hazardous substances ................................................................................................................................. 104

Effects on health and safety .................................................................... ......................................... 104Identifying hazardous substances ....................................................................... ............................. 106Sample MSDS ................................................................................................................... ............... 107Assessing hazardous substances ............................................................ .......................................... 110Strategies to control hazardous substances ..................................................................................... 112References ........................................................... .......................................................................... ... 114

Dangerous goods ............................................................... ....................................................................... ... 115Effects on health and safety .................................................................... ......................................... 117Identifying dangerous goods ................................................................. ........................................... 117Assessing dangerous goods ................................................................................. ............................ 117Strategies to control dangerous goods ............................... ............................................................. 118References ........................................................... .......................................................................... ... 119

Ergonomic hazards............................................................................................................................................ 121Ergonomic hazards ............................................................. ...................................................................... ... 121

Manual handling ........................................................... ............................................................... .... 121Effects on health and safety .................................................................... ......................................... 122

Identifying hazards ............................................................... ........................................................... 123Assessing hazards ................................................................. ........................................................... 124Strategies to control hazards .................................................................. ......................................... 129Maximum weight limits ................................................................... ................................................. 135References ........................................................... .......................................................................... ... 135

Psychological hazards ....................................................................................................................................... 137Psychological hazards .......................................................... .................................................................... ... 137

Occupational stress ......................................................................................................................... 137Effects on health and safety .................................................................... ......................................... 138Sources and identification of occupational stress ........................................................................ .... 139Assessing occupational stress ............................................................ .............................................. 141Strategies to control occupational stress ............................................................ ............................. 142References ........................................................... .......................................................................... ... 143

Biological hazards ............................................................. ................................................................... .............. 145

Biological hazards .................................................................... ................................................................... 145Zoonotic diseases ................................................................... .................................................................. ... 146

Effects on health and safety .................................................................... ......................................... 146Identifying hazards ............................................................... ........................................................... 148Assessing hazards ................................................................. ........................................................... 148Strategies to control hazards .................................................................. ......................................... 149References ........................................................... .......................................................................... ... 150

When things go wrong ...................................................................................................................................... 151Introduction ....................................................... ................................................................. ......................... 151

Incident reporting and investigation ....................................................................... ......................... 152Immediate response to an incident .................................................................................................. 153Reporting and investigation of incidents ............................................................ ............................. 154

References ........................................................... .......................................................................... ... 155

Emergency management and fire safety ..................................................................................................... 156Typical steps in an evacuation procedure.......................... .............................................................. 157Responding to fires ........................................................... ............................................................... 158References ........................................................... .......................................................................... ... 162

First aid ....................................................................................................................................................... 163Factors to consider when performing a first aid risk assessment .................................................... 164Outcomes of a first aid risk assessment ........................................................................................... 165Sample contents list for a first aid kit .............................................................................................. 166First aid rooms .......................................................... .................................................................. .... 167First aid training......................................................................................... ..................................... 168References ........................................................... .......................................................................... ... 168


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Introduction to the LearnerResource

Animal Care and Management

IntroductionThis module has been designed to be completed as part of an Animal Sciences course, whichis conducted by the Centre for Biotechnology and Animal Sciences at Box Hill Institute.

Purpose of this module

This module describes the process of carrying out organisational occupational health andsafety (OHS) policies and procedures. The module is also concerned with the OHSresponsibilities of employees with supervisory responsibilities. It requires the ability to workin accordance with workplace procedures in hazard identification and risk control, carry outsafe practices during work operations and participate in arrangements for maintaining thehealth and safety of all people in the workplace. Carrying out OHS policies and proceduresrequires knowledge of responsibilities under the OHS Act, OHS signs and symbols relevant tothe area of work and organisational procedures relating to hazards, fires, emergencies,accidents and risk control.


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Page 10 of 168 Box Hill Institute of TAFE 2012

What you will need

In order to complete this unit of competency you will require copies of the relevant LearnerResource, Assessment Workbook, prescribed or recommended reference text/s and access to

the on-line resources on Student Web.

Recommended texts include:

Veterinary Nursing

Lane DR, Cooper B, Turner L., Textbook of Veterinary Nursing, 4th Ed, 2006, BSAVA,ISBN: 0-905214-89-4

Aspinall, V., The Complete Textbook of Veterinary Nursing, Butterworth Heinemann,Boston., 2006, ISBN: 0-7506-8847-5

Blood, D.C., and Studdert, V.P. (1999), Saunders Comprehensive Veterinary

Dictionary, 3rd Ed. 2007, Elsevier, ISBN 0-7020-2788-X.

McCurnin DM & Bassert JM, Clinical Textbook for Veterinary Technicians, 6th Ed,2006, Elsevier, ISBN: 0-7216-0612-1

Companion Animals

To be advised by your teacher.

Captive Animals

Hosey, Melfi & Pankhurst (2008) -Zoo Animal: Behaviour, management and welfare.ISBN 9780199233069 Zoo Animal

Visit the following websites:

www.studentweb.bhtafe.edu.au

More specific requirements are listed in the Assessment Plan and Record.

This Assessment Workbook is separate to the Learner Resource in order to facilitatecontinuous improvement and version control.


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Learning and assessment

You should achieve competency by attending classes, using the associated Learner Resource,on-line resources and recommended texts to complete the learning activities and assessment

tasks described in this Workbook.

The Learner Resource is notintended as a definitive text. Supplementing the LearnerResource with your own research is necessary in order to acquire the skills and knowledgedescribed in this unit. Classroom presentations, handouts and useful links are available onStudent Web. The Learner Resource may include illustrations and information that is notrequired by the syllabus, but is of a general nature for this topic.

How you will be assessed

You will be assessed to ensure you can demonstrate the skills and knowledge required by thisunit of competency. You will demonstrate the performance criteria by completing practicalactivities, written assignments, projects, work documents and knowledge tests. Otherassessment strategies may be employed depending on the mode of study you have undertaken.Assessment tasks specific to this unit are summarized in the Assessment Plan and Record.

During your study, several self-help questions may appear in the text. It is in your interest toattempt these on your own, and check your answers against the Learner Resource or reviewthat take place in class.

Learner Resource content as it relates to the competencies

This Learner Resource covers the following elements of competency that are identified in theAnimal Care and Management Training Package RUV04.

Unit Code Element of competency

ACMOHS201A Participate in Occupational health and safety processes

ACMOHS301A Contribute to Occupational health and safety processes

ACMOHS401A Maintain Occupational health and safety processes

ACMOHS501A Manage Occupational health and safety processes


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How to submit your assessmentsThe Assessment Plan and Record for each unit of competency can be found in the relevantAssessment Workbook. Each Assessment Plan and Record lists the assessment tools that

describe the tasks you need to complete in order to be assessed competent in that unit. Allassessment tools must be successfully completed and submitted before the due dates provided

by your teacher.

As you complete each assessment tool please submit it to your teacher. By sending eachassessment in as you go your teacher will be able to provide valuable feedback on your

progress.

If at any stage you do not understand the requirements of an assessment be sure to contactyour teacher for guidance.

Please complete an assessment cover sheet and submit a feedback form with each assessmenttool. The instructions to students and checklists for assessors provide guidance on thestandard of work required to successfully complete each task.

Please read over all assessments very carefully prior to starting as some assessments mayoverlap with each other and can be completed simultaneously.

Grades include:

NY Not yet competentCO Competent

Resubmissions

Work that does not meet the required standard will be returned with feedback on where youwent wrong. Students are given the opportunity to resubmit work. This is an opportunity foryou to learn from your mistakes and reinforce your understanding.

Failure to achieve competency in a resubmit will require discussion with your teacher and/orthe Course Co-ordinator. In some situations a student may be given a third and finalopportunity to re-sit an assessment as an oral test or practical demonstration. Failure toachieve competency on a third attempt may result in a NY grade for this unit.


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Due dates

Dues dates for assessments are described in the Unit Outline. Students who cannot completetheir assessments in the required time frame due to accident or illness may apply for specialconsideration. Extensions will only be granted with just cause before the due date.

Late work will not be accepted without a written request for extension that has been approvedby the Course Co-ordinator. Failure to submit work before the due date will result in an NYgrade.

Copies of lost or missing work must be resubmitted by the student on request from theteacher. Teachers will not be held responsible for lost work.

Address for correspondence

Animal Sciences/Captive Animals/Veterinary NursingCourse Co-ordinatorCentre for Biotechnology and Animal SciencesElgar Campus, Building 8Box Hill InstitutePO Bag 2014Box Hill Vic 3128Telephone: (03) 8892 2056Facsimile: (03) 8892 2119

Important Notice!

Please ensure you retain electronic and hard copies of all assessments.

Students will be required to resubmit copies of missing work.


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Summary of elementsACMOHS501A

Unit descriptorThis unit of competency covers the processes required to gather information on medications

and services for animals and relate these to individual animal requirements and audienceneeds.

No licensing, legislative, regulatory or certification requirements apply to this unit at the timeof publication

Employability skills

This unit contains employability skills.

Application of this Unit

This unit is applicable to new entrants to the animal care and management industry where itmay be necessary to investigate or clarify information on treatments, services or other animalcare items for self, colleagues or clients. Candidates are not required to provide advice toclients at this level but rather to develop the skills required to find information that is current,relevant, accurate and appropriate for the audience and activity needs from a range of credibleservices.

In addition to legal and ethical responsibilities, all units of competency in the ACM10 AnimalCare and Management Training Package have the requirement for animals to be handled

gently and calmly. The individual is required to exhibit appropriate care for animals so thatstress and discomfort is minimised.


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Unit sector

General animal studies

Element Performance criteria

1. Read and interpret productlabels

1.1Medication classes and product contents areidentified and general use defined.

1.2Safety precautions are identified andinterpreted.

1.3 Dose or application rates are identified.

1.4 Dose or application is prepared for nominatedanimals as directed.

2. Gather information onproducts and services

2.1Information sources for animal care productsand services are identified and evaluated.

2.2 Company advisors are contacted for specificinformation.

2.3 Inquiries are made on animal care services for arange of animal care needs.

3. Profile nominated animalphysiological features relevantto health and application oftreatments

3.1 Animal metabolic processes relevant to health,nutritional needs and medication are identified.

3.2 Substances and medications known to produceallergic or toxic reactions in nominated animalsare determined.

3.3Methods of administration of treatments andmedications are evaluated.

4. Take an animal history 4.1 Phone information is documented andinformation relayed to relevant staff.

4.2Effective listening and research skills are usedto verify information on animals.

4.3 Animal history is completed using workplacedocumentation.


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Evidence guideThe Evidence Guide provides advice on assessment and must be read in conjunction with the

performance criteria, required skills and knowledge, range statement and the Assessment

Guidelines for the Training Package.

Over view of assessment

Critical aspects for assessment and

evidence required to demonstrate

competency in this unit

The evidence required to demonstrate competencein this unit must be relevant to workplaceoperations and satisfy all of the requirements of the

performance criteria, required skills and knowledgeand the range statement of this unit. Assessorsshould ensure that candidates can:

differentiate between credible and unreliableinformation sources

identify precautions, active ingredients andother information that may be relevant tohazards and risk management issues in the careand treatment of animals and OHSconsiderations for staff

interpret medication and other items directions,dose rates and method of administration

prepare medication and treatment doses

take an animal history and documentinformation using industry protocols and

procedures.

The skills and knowledge required to sourceinformation for animal care needs must betransferable to a range of work environments andcontexts and include the ability to deal withunplanned events.


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Context of and specific resources

for assessment

Assessment of this unit is to be practical in natureand will be most appropriately assessed in ananimal care workplace or in a situation that

reproduces normal work conditions. Workplacescan include pet shops, aquariums, breeding orboarding kennels and catteries, aviaries, companionanimal training or grooming establishments orveterinary practices.

There must be access to a range of products andtypes of services as well as relevant information,equipment and/or resources to enable one todemonstrate competence.

Method of assessment To ensure consistency in one's performance,

competency should be demonstrated, to industrydefined standards, on more than one occasion overa period of time in order to cover a variety ofcircumstances and where possible, over a numberof assessment activities.

The assessment strategy must include practicalskills assessment. Suggested strategies for this unitare:

written and/or oral assessment of candidate'srequired knowledge

observed, documented and first-handtestimonial evidence of candidate's applicationof practical tasks

simulation exercises that reproduce normalwork conditions

third-party evidence

workplace documentation

portfolio.This unit may be assessed in a holistic way withother units of competency relevant to the industrysector, workplace and job role.

Guidance information for

assessment

Assessment methods should reflect workplacedemands (e.g. literacy and numeracy demands) andthe needs of particular target groups (e.g. peoplewith disabilities, Aboriginal and Torres StraitIslander people, women, people with a language

background other than English, youth and people

from low socioeconomic backgrounds).


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1

Why is OH&S important

IntroductionAcross Australia over a seven-year period from mid-1992 to mid-1999 there were 2,924work-related fatalities for which dependents were compensated. While less than the numberof road fatalities, 2,924 fatalities is still an incredibly high figure, and yet occupational healthand safety does not get anywhere near the attention of road safety issues. In addition to a highnumber of work-related fatalities, in the 19981999 period alone there were 111,168 injuries

or illnesses that were the subject of compensation claims (and this figure does not eveninclude Victoria and the ACT). In economic terms, this translates to 910,616 weeks lost.These are the statistics behind why health and safety is important.

In Victoria in 2004, 29 people died and 32,000 were injured in workplace accidents.

There is also a moral dimension behind why health and safety is important. Everyone shouldhave a reasonable expectation that they should be able to 'put in a day's work for a day's pay'and go home in the same condition as when they left for work in the morning. Unfortunately,as the statistics above show, for many people this is not possible. Serious injuries andillnesses and work-related fatalities also have a terrible effect on the families, friends and

work colleagues of people who are seriously hurt or killed. For families in particular, thedeath of or serious injury to a parent can have a life-long impact.

The statistics highlighted above also mean that health and safety could be very costlyeconomically. Aside from the costs of 2,924 work-related fatalities and 111,168 injuries orillnesses on the workers compensation system, there are other economic costs. Dependents ofan injured person may suffer serious economic consequences as a result of a serious injury orillness, because workers compensation can not cover all the expenses that a family will incur.

The employer of an injured or seriously ill person will also suffer economic consequences.Hidden costs of a serious health and safety incident include:

The amount of working time lost following an incident and later during aninvestigation. Not only is there the time lost of the injured person, but also that of workcolleagues affected, the people who must stop work to investigate the incident and thetime lost of people who participate in the investigation.

The cost of hiring and retraining a person to replace the injured person until they returnto work.

The cost of stopping production in a manufacturing environment if equipment that isimportant to production must be shut down during an investigation.

The financial effect of negative publicity arising out of a serious health and safetyincident.


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Finally there is a very powerful legal reason as to why health and safety is important. TheOccupational Health and Safety Act 2004 places an obligation on employers to provide ahealthy and safe working environment. This Act also places requirements on employees toensure a healthy and safe working environment.

Failure to provide a healthy and safe working environment could translate into maximumfines of $943,200 (per offence) for companies, and $188,656 for individuals. In a recentdecision arising out of the Longford gas explosion, Esso were fined 2 million dollars after alloffences were taken into account. Jail sentences may also be imposed for recklessendangerment with a maximum of five years imprisonment.

Figure 1.1 Failure to comply with the OH&S Act can be expensive

References

Compendium of Workers Compensation Statistics Australia, 199899, 2000, NationalOccupational Health and Safety Commission, Canberra.

Hulls, R & Cameron, B 2000,Ministerial Letter on the proposed IndustrialManslaughter Bill.

Getting into the Act, 2005, Worksafe Victoria Guide to the OHS Act 2004, 2005,Worksafe Victoria.


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2

OH&S Legislation in Victoria

IntroductionAs an example, the Occupational Health and Safety Legislation in Victoria is discussed. Ifyou are an interstate student you will need to consult your relevant State or Territorylegislation. See weblinks provided.

The lawThere are two major strands of legislation in Victoria which influence occupational health andsafety:

Occupational Health and Safety Act 2004

Dangerous Goods Act 1985

These Acts provide a framework for the management of occupational health and safety issues

and dangerous goods issues in Victoria. Underneath each of these major Acts are Regulationsand Codes of Practice. Regulations and Codes of Practice spell out in more detail issues thathave been broadly covered in each of these major Acts.

Regulations are created under the relevant Act and impose very specific duties on a range ofgroups in workplaces including manufacturers, suppliers, employers and employees. Failureto comply with a Regulation is an offence under the relevant Act, which means thatRegulations have the force of law. There are a number of Regulations under the OccupationalHealth and Safety Act covering areas such as Plant, Manual Handling and HazardousSubstances, as well as Regulations under the Dangerous Goods Act.

Currently, Codes of Practice were approved under the old OHS Act 1985.

Codes of Practice provide practical guidance on how to comply with a general duty under theAct or a specific duty under the Regulations. While the provisions in a Code of Practice arenot mandatory, in a court of law, failure to observe a relevant Code can be used as evidence todemonstrate failure to comply with the Act or Regulations. Therefore, the Code of Practiceshould be followed unless there is an alternative method that would clearly meet therequirements of the Act or Regulations. Worksafe is currently reviewing all Codes of Practiceand will replace them with other guidance material and in some cases with compliance codes.


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Figure 2.1 OH&S law consists of Acts, Regulations & Codes of Practice

Source: Officewise: A Guide to Health and Safety in the Office 1997, Victorian WorkCover Authority, Melbourne

The OH&S ActIn this Learner Resource the primary focus will be on the Occupational Health and SafetyAct, which will also be referred to as the OH&S Act. The OH&S Act creates a framework forthe management of occupational health and safety in Victoria by addressing issues thatinclude:

detailing the role of the Victorian Government agency with responsibility for

occupational health and safety

detailing legal responsibilities

establishing a requirement to resolve health and safety disputes

specifying the framework for consultation on health and safety issues

detailing how the Occupational Health and Safety Act will be enforced.

Who is covered by the OH&S Act?Almost all employees working in Victoria are covered under the OH&S Act irrespective ofwhether they work in a factory, school, office, building site or hospital. This includescontractors, sub-contractors, out-workers and employees in State Government departmentsand agencies.

The only groups of people who are not covered by the OH&S Act are people who work forthe Commonwealth Government, or who work in the mining industry. These groups of peopleare covered by different legislation. The OH&S Act may also not apply in workplacescovered by a federal health and safety award (such as sections of the vehicle industry), wherethe award will prevail in the event of an inconsistency between the award and the Act.


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Centre for Biotechnology and Animal SciencesAssessment Workbook Occupational health and Safety

Unit 2 OH&S Legislation in Victoria


Legal responsibilities under the OH&S Act

The OH&S Act imposes legal responsibilities, known as 'duties', on a range of differentgroups in workplaces including manufacturers, suppliers, importers and occupiers. However

in this Learner Resource the major focus will be on the duties of employers and employees.

Employer duties

In general, OHS duties require persons:

to eliminate risks to health and safety so far as is reasonably practicable and

if it is not reasonably practicable to eliminate risks to health and safety reduce thoserisks so far as is reasonably practicable.

Any person recklessly engaging in conduct that exposes, or may expose, a person in aworkplace to the risk of serious injury is committing an offence.

Key responsibilities under the OHS Act 2004 Employers

Protect the health and safety of people at workplaces and the public

Provide and maintain for employees1 a working environment that is safe and withoutrisks to health* (s21)

Not recklessly endanger a person at a workplace (s32)

Monitor the health of employees, keep records and get advice* (s22)

Protect other people from risks arising from employer's business* (s23)

Hold licences, registrations or permits as required (Part 6)


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Involved workplace parties

Consult with employees1 on health and safety issues* (Part 4)3

On request, negotiate with employees to establish Designated Work Groups (DWGs)(Part 7, Divisions 1, 2)

On request, allow HSRs to attend initial and annual refresher OHS training (s67)

Give HSRs paid time off for other approved training and to exercise their powers(s69(1)(d))

Allow HSRs access to information and provide necessary facilities and assistance(s69(1)(a)(e))

Allow HSR to be present at interviews with members of DWG on health and safety

(with their members' consent) (s69(1)(b)(c))

Allow person assisting HSR access to workplace (s70)

Keep and display a list of HSRs for each DWG (s71)

On request, establish a health and safety committee (s72)

Not discriminate against those involved in health and safety (s76)

Deal with health and safety issues Attempt to resolve OHS issues with employees (and HSRs, if any) (s73)

Direct that work is to cease (s74)

Report incidents to WorkSafe as required (Part 5)

Comply with PINs issued by HSRs and PINs affirmed by inspectors (s62, 63)

Display notices and bring notices to the attention of employees (s115(2))

Co-operate with WorkSafe inspectors (Part 9)

Co-operate with authorised representatives (Part 8)

More information

For more information refer to WorkSafe's information sheet for employers(www.workcover.vic.gov.au)


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Key responsibilities under the OHS Act 2004 Employees

Protect the health and safety of people at workplaces and the public

Take reasonable care for self and others (s25(1)(a)(b))

Co-operate with employer with regard to actions taken to comply with requirements ofthe Act and regulations (s25(1)(c))

Hold licences, permits or qualifications as required (Part 6)

Not recklessly endanger a person at a workplace (s32)

Involved workplace parties


If DWGs are requested, Negotiate with employers to establish DWGs (Part 7, Divisions1,2)

Elect HSRs (s54)

Deal with health and safety issues

Attempt to resolve OHS issues with employer (s73)

Co-operate with WorkSafe inspectors (Part 9)

Co-operate with authorised representatives (Part 8)


More information

For more information refer to WorkSafe's information sheet for employees(www.workcover.vic.gov.au)


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Resolving health and safety issues in the workplaceThe OH&S Act recognises that health and safety issues will periodically arise in allworkplaces. Section 26 of the OH&S Act requires that the employer, or his or her

representative, is to resolve the issue with the Health and Safety Representative for theDesignated Work Group in which the issue has arisen. If there is no Health and SafetyRepresentative, the issue should be resolved with the employees themselves. (Note: Theterms 'Health and Safety Representative' and 'Designated Work Group' will be

examined in more detail later in this section.)

The health and safety issue can be resolved using an issue resolution procedure developed inthe workplace and agreed to by both the employer and employees. Alternatively, if no issueresolution procedure exists, the Issue Resolution Regulations are to be followed.

An agreed procedure should:

specify that issues identified by employees may be reported to their Health and SafetyRepresentative who will act on their behalf in discussions with management

indicate who will represent management when issues arise

state that the Health and Safety Representative and the Management Representative areto meet as soon as possible to resolve the issue

indicate that any issue not resolved will be referred to the next level of management bythe Health and Safety Representative

provide a method for informing employees of the agreement reached

If an issue arises that poses an immediate threat to any person's health and safety the normalissue resolution procedure is not appropriate. In such a situation, the Health and SafetyRepresentative and Management Representative must meet immediately to find a way toremedy the issue. If it is not possible to resolve the issue immediately, either party can instructthe work to cease until the matter is resolved.

If issues are not resolved through the issue resolution procedure in a reasonable time frame, orwork has been instructed to stop due to an immediate health and safety threat, either party can

call in a Government Health and Safety Inspector to assist. The Inspector will attend as soonas possible and will take any action considered necessary to resolve the issue.


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Consultation on OH&S

The OH&S Act has been designed to encourage both employers and employees to jointlyparticipate on occupational health and safety matters. The OH&S Act sets out two

consultative structures to encourage joint participation:

Health and Safety Representatives who represent a group of employees (called aDesignated Work Group) and who deal with management on OH&S issues in the localarea they represent.

Health and Safety Committees consisting of both management and employeerepresentatives who typically address issues affecting the whole workplace (such as thedevelopment of policies and procedures).

Forming designated work groupsThe formation of Designated Work Groups (DWGs) is required before Health and SafetyRepresentatives can be appointed. Under Section 29 of the OH&S Act, DWGs are notcompulsory. However, employees may ask the employer to establish DWGs. Alternatively;the employer may approach the employees to establish DWGs.

Once employees have approached the employer to establish DWGs, negotiations mustcommence within 14 days on how the work groups will be composed. The negotiations aremainly about discussing how many DWGs are required and the coverage each of the workgroups has. When negotiating on the formation of DWGs, the following issues should betaken into account:

the total number of employees at the workplace

the different types of work performed at the workplace

the number and groupings of employees who perform similar roles

the different locations at the workplace where work is performed

any overtime or shiftwork arrangements

Considering these issues, it is possible to develop DWGs in many different ways, for exampleDWGs may be developed around particular buildings, or particular occupations, or evenaround different work shifts. The Act therefore provides considerable flexibility to allowemployers and employees to develop arrangements that suit their specific workplaces. What ismost important is that all employees are adequately represented by people who are readilyaccessible and who understand their specific health and safety issues.


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Electing health and safety representatives

Once DWGs have been established, Health and Safety Representatives (HSRs) can be electedto represent each of the DWGs. While it is not compulsory to hold formal elections, it is

strongly advised so that the status of the representative is acknowledged and they can utilisethe powers available to HSRs under the OH&S Act. More than one HSR can be appointed foreach DWG as well as a Deputy Representatives elected. It is also important to note that the

person elected must come from within the particular DWG, and that each employee is entitledto vote in an election. If only one person is nominated, it is not necessary to hold an election.Health and Safety Representatives can also act for another Designated Work Group if there isan immediate risk.

The employers must ensure they have a representative (Employer Representative) who is:

appropriately senior and sufficiently competent to deal with health and safety issues

have a thorough knowledge of the Act understanding of health and safety issues and systems and

have suitable communication and negotiation skills.

Sections 31 and 32 of the OH&S Act set out the powers and functions of Health and SafetyRepresentatives. These powers and functions include:

inspecting any part of the DWG they represent at any time after giving reasonablenotice to the employer (They may also inspect any part of the DWG immediately in theevent of an accident, hazardous situation, or an immediate risk to health and safety.)

accompanying a Government Health and Safety Inspector during an inspection afterconsultation with the employer

REQUIRING the employer to establish Health and Safety Committees

attending interviews between an inspector and an employee or the employer and anemployee (if the employee gives their consent)

issuing Provisional Improvement Notices (PINs) (NOTE:Provisional ImprovementNotices will be discussed in more detail later in this section.)

gaining access to information provided by the employer on actual or potential hazards inthe DWG. (Examples of information include reports on health and safety matters byconsultants, technical reports such as noise monitoring, and information from suppliersabout chemical safety.)

being consulted (where practicable) on changes to the workplace, changes to equipmentor chemicals, or changes to work processes that may affect health and safety

obtaining independent advice from persons outside the workplace on occupationalhealth and safety matters. (Under the OH&S Act the employer may only object to thison the basis that the person being brought in lacks knowledge on the matter beingaddressed.)

attending any OH&S training course approved or conducted by WorkSafe Victoria(previously known as the Victorian WorkCover Authority) during work time and with

pay.


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In addition to these functions and powers, the employer is required to provide facilities andassistance to Health and Safety Representatives to allow them to perform their duties.

One of the strongest powers that a Health and Safety Representative possesses is the power to

issue Provisional Improvement Notices (PINs or Notices). PINs are legaldirections under theOH&S Act asserting non-compliance with a provision of the OH&S Act or Regulations. PINsrequire the employer to remedy the non-compliance. The Health and Safety Representativemay also detail how the non-compliance is to be remedied.

Before issuing a PIN, the Health and Safety Representative should have gone through an issueresolution process mentioned earlier in this section, and must first have consulted with the

person to whom they are serving the Notice. Even if there has been non-compliance in thepast, a Notice can only be served if the non-compliance is continuing or is likely to recur inthe future.

An employer can choose to appeal against a Notice within seven days of it being served bycontacting WorkSafe Victoria. An Inspector is then required to attend the workplace andinvestigate the issue. As a result the Inspector may choose to reject the PIN, accept the PIN,or modify the PIN. If the Inspector accepts or modifies the PIN, it then gains the status of anImprovement Notice (i.e. it is no longer 'provisional').

An employee will cease to be a Health and Safety Representative if they cease to be anemployee in the Designated Work Group they represent, or if they resign as a Health andSafety Representative. They may also cease to be an HSR if the coverage of the DWGchanges, if they are not re-elected, or if employees in the DWG recall their nomination due todissatisfaction (if a procedure for this has been established). The HSR must face re-election

after a maximum three year term.

An employer may seek to have a Health and Safety Representative disqualified by applying tothe Industrial Division of the Magistrate's Court. This application for disqualification can beon the grounds that the Health and Safety Representative intended only to cause harm to theemployer when performing one of their functions. Other grounds for disqualification includeissuing a PIN with the intention of causing harm, or through the use of information suppliedto them for a purpose not connected with their function and with the intention to cause harm.


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Establishing a health and safety committee

Whereas Health and Safety Representatives address specific issues in their area ofresponsibility, the role of the Health and Safety Committee is to look at broader issues

affecting the whole workplace. As previously mentioned, a Health and Safety Representativecan require an employer to establish a Health and Safety Committee or the employer mayapproach employees about establishing a Committee.

The Health and Safety Committee should be established within three months of a Health andSafety Representative making a request. The employer should also consult with the HSR onthe composition and functions of the Committee. However, at least half the members of theCommittee should be employees. The OH&S Act sets out minimum functions of theCommittee and requires that a Committee should meet at least every three months.

The minimum functions of the Committee are to:

facilitate cooperation between the employer and employees in instigating, developingand carrying out measures designed to ensure health and safety at work

formulate, review and disseminate to employees (in appropriate languages) thestandards, rules, and procedures relating to health and safety which are to be carried outor complied with at the workplace

Figure 2.2 Role of a committee: discuss, agree, recommend

In addition to these minimum functions other specific functions may include:

studying accident and notifiable disease statistics and trends, so that reports can bemade to management on unsafe and unhealthy conditions and practices, together withrecommendations for corrective action

examining health and safety audit reports on a similar basis

considering reports provided by inspectors

considering reports which health and safety representatives may submit.


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Powers of inspectors

Inspectors have an important role to play in improving health and safety in the workplace. Inmany instances they will adopt an advisory or educational role, and will in many instances

endeavour to resolve disputes that arise between employers and employees. Some of theservices Inspectors offer include:

providing advice on the requirements of health and safety legislation

providing advice on the development and improvement of systems to reduce the risk ofinjury or work-related illness

assisting with the composition of Designated Work Groups, helping establish Healthand Safety Committees, and conducting elections for Health and Safety Representatives

resolving workplace health and safety disputes

However, under Section 39 of the OH&S Act, WorkSafe Victoria Inspectors are granted quitesignificant powers. In certain areas they may even have more powers than police. Forexample, Inspectors have the power to enter a workplace at any time, day or night, in order toconduct an investigation to determine whether occupational health and safety standards setout in the OH&S Act, Regulations and Codes of Practice are being observed. As part of this

process Inspectors may:

take such equipment or materials as may be required

make such examination and inquiry as may be necessary to ascertain whether or not theAct or the Regulations have been complied with

examine any plant, substance or other thing at the workplace

take or remove without payment such samples of any such substance or thing as may berequired for analysis

take possession of any such plant or thing for further examination or testing or for useas evidence

take photographs or measurements or make sketches or recordings

require the production of, examine and take copies of any document or any part of anydocument

direct that the workplace or any part of the workplace be left undisturbed for as long asthe inspector considers necessary

obtain and execute search warrants and have the power to arrest (only in conjunctionwith police)


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In addition to the power to seize items, Inspectors have the power to issue ImprovementNotices and Prohibition Notices. An Improvement Notice (IN) is a written direction requiringa person to remedy a breach or likely breach of the law. An IN also sets a time limit withinwhich the improvement must be carried out. A Prohibition Notice (PN) is a written direction

prohibiting the carrying on of an activity that the inspector believes involves or will involvean immediate risk to the health and safety of any person. The activity cannot be started againuntil the inspector certifies that the risk has been removed.

To balance these very strong powers, the OH&S Act requires that Inspectors:

take all reasonable steps to notify the employer and any Health and SafetyRepresentative of their entry to a workplace

give the employer and HSRs information about their observations and any actions thatthey propose to take

notify the employer and HSRs if they propose to take photographs or samples

It is also important to note that both employers and employees are required to assistinspectors. It is an offence against the OH&S Act to obstruct an Inspector during the course ofan inspection or other occupational health and safety related activity. Penalties can includefines and/or prison sentences for individuals.

Authorised representatives

Authorised representatives of employee organisations such as unions also have the right toenter workplaces during working hours where there is reason to suspect there has been abreach of the Act that affects an employee the representative represents.


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Regulations

Regulations under the OH&S Act

Accidence Compensation Regulations 2001

Occupational Health and Safety (Asbestos) Regulations 2003

Occupational Health and Safety (Certification of Plant Users and Operators)Regulations 1994

Occupational Health and Safety (Confined Spaces) Regulations 1996 (SR No.148/1996)

Occupational Health and Safety (Entry Permits) Regulations 2005 (SR No. 148/1996)

Occupational Health and Safety (Hazardous Substances) Regulations 1999

Occupational Health and Safety (Incident Notification) Regulations 1997

Occupational Health and Safety (Issue Resolution) Regulations 1999

Occupational Health and Safety (Major Hazard Facilities) Regulations 2000

Occupational Health and Safety (Mines) Regulations 2002

Occupational Health and Safety (Noise) Regulations 1992

Occupational Health and Safety (Plant) Regulations 1995

Occupational Health and Safety (Lead) Regulations 2000

Occupational Health and Safety (Prevention of Falls) Regulations 2003

Equipment (Public Safety) (Incident Notification) Regulations, 1997

Equipment (Public Safety((General) Regulations, 1995

Regulations under the Dangerous Goods Act

Dangerous Goods (Explosives) Regulations 2000

Dangerous Goods (HCDG) Regulations 2005

Dangerous Goods (Storage and Handling) Regulations 2000

Dangerous Goods (Transport by Rail) Regulations 1998

References

Guide to the OHS Act 2004, 2005, Worksafe, Victoria


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3

OH&S risk management

Why is OH&S risk management important?The primary responsibility of an employer under the OH&S Act is to maintain a workingenvironment that is safe and without risks to health. The best way to do this is to use a processthat is called OH&S risk management. In simple terms, risk management is the process offinding out what can cause an injury or illness, deciding what could happen as a result (how

badly could someone be hurt or made ill and how likely is this), and doing something about it.

The formal terms used in OH&S legislation to describe risk management are identify thehazards in the workplace (hazard identification), assess the risks to health and safety thatthose hazards create (risk assessment), and then control the risk those hazards may causethrough elimination or reduction of the risk (risk control). This Learning Outcome will

provide you with more detail on what is involved in risk management, and will also provideyou with practical tools to help you identify, assess and control hazards.

Identifying hazards

What is a hazard?

A hazard is any situation with the potential to cause injury or illness. For example, situationsthat could pose hazards include: a system of work, a piece of machinery, a chemical that isused. To assist you in thinking about hazards, this Learner Resource will break hazards intofive major groups:

1. Physical (eg plant/machine, noise, electrical, lighting, radiation, working at heights,

housekeeping)

2. Chemical (eg hazardous substances, dangerous goods)

3. Ergonomic (eg manual handling)

4. Psychological (eg work stressors)

5. Biological


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Circle the hazards that you can see

Below is an example of a work area that has a number of hazards. Circle the hazards that yourecognise.

Figure 3.1 Circle the hazards

Source: Workplace Health and Safety Training Resource Kit1998, WorkCover Corporation SA andWorkplace Education Service TAFE SA, South Australia.

How are hazards identified?

There are a number of ways to identify hazards in the workplace. Some of the ways toidentify hazards include:

employees reporting hazards to their Manager or Health and Safety Representativewhen they see something that might present a hazard

employees and managers sitting down with each other and going over every aspect ofwork, looking and thinking about what might go wrong

considering hazards that may have caused injuries or illnesses in the past

contacting other workplaces in the same or similar industry to find out what they mightconsider to be hazards

conducting workplace inspections using hazard checklists


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Unit 3 OH&S risk management


Workplace inspections using hazard checklists are one of the best ways to identify hazards inthe workplace particularly if you set up a regular, consistent program of inspections, forexample every three months in higher risk areas. Hazard checklists are particularly good for

people with limited experience in health and safety, as they will ensure that a thorough

inspection is carried out. When establishing a program of hazard inspections, it is important toconsider:

what aspects of each workplace are priority areas for inspection on the basis of existingand potential health and safety hazards

OH&S Regulations and Australian Standards relating to particular hazards, industrialprocesses and operations in your workplace

health and safety issues that have come to light in the past

When the areas and items for regular inspection have been established based on the aboveconsiderations, draw up simple questions or checklists, which can be systematicallycompleted during inspections. Below is a sample checklist.


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Sample hazard inspection checklist

1. This checklist is only to be completed under appropriate supervision and is included as

a guide only. Workplaces should design their own checklist to suit their own processesand working conditions. Examine your own workplace, and find out whether any

hazards exist using the checklist below. You may need to speak with other employees.

Date of inspection:

Area to be inspected:

People responsible for inspection:

Checked by (Manager):

Note your comments against each item

Floors OK Not OK Plan to improve?

Safety Issue OK Not OK Plan to improve

(brief description)Even surface no holes.

Dropped objects picked up.

Stock material out of way.

Attention to areas aroundmachines.

Floor coverings securely fixed.

Aisles


(brief description)

Wide enough for goods traffic.

Adequately lit.

Surface free from defects.

Clear of cases, materials andrubbish.

Floor coverings securely fixed.


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Work benches Not OK Plan to improve?


(brief description)Clear of rubbish

Equipment not in use kept inplace.

Adequate lighting.

Working height correct.

Fire

Safety Issue OK Not OK Plan to improve(brief description)

Extinguishers in place, recentlyserviced and clearly marked fortype of fire.

Adequate directions to fireexits.

Exit doors easily opened frominside.

Exits clear of obstructions.Fire alarms functioningcorrectly.

Evacuation instructions clearlydisplayed.

General lighting


(brief description)

Adequate illumination.

Good natural lighting.

Good light reflection fromwalls and ceilings.

No direct or reflected glare.

Light fittings clean and in goodrepair.

No single fluorescent tubes.


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Windows


(brief description)Safety or reinforced glasswhere appropriate.

Clean, admitting plenty ofdaylight.

No broken panes.

Ledge free of dust, tins orrubbish.

Stairs and landings


(brief description)

No worn or broken treads.

Handrails in good repair.

Landings clear of obstructions.

Non-skid gratings in goodcondition.

Storage


(brief description)

Storage designed to minimiselifting.

Materials stored in racks andbins wherever possible.

Shelves free of dust and

rubbish.Stacks stable with goodfoundations.

Floors around racks clear ofrubbish.

Non-skid gratings in goodcondition.


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Electrical


(brief description)Gear not in use properly stored.

No broken plugs, sockets orswitches.

No frayed or defective leads.

Portable power tools in goodcondition.

No temporary leads on floors.

Non-skid gratings in good

condition.

Staff amenities


(brief description)

Washroom clean.

Toilets and lockers clean.

Newspapers, lunch-papers, etc.in rubbish bins.

Meal rooms clean and tidy.

First aid


(brief description)

Cabinets and contents clean andorderly.

No replacement materials

needed.Stretchers in position.

Emergency numbers displayed.

Rubbish


(brief description)

Bins located at suitable points.

Bins emptied regularly.


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Chemical hazards


(brief description)Are metal parts, paint brushes,etc. cleaned with turpentine,

petrol or other solvents inuncovered buckets?

Do people ever clean theirhands with solvents of anytype?

Are there any hazardouschemicals in use on site?

Are chemical appropriatelystored?

Are chemicals appropriatelyidentified?

Ergonomics lifting/carrying


(brief description)

Do people have to lift heavy or

awkward loads?

Does the lifting involve high orlow lifts?

Do people have to twist roundwhen lifting loads?

Do the jobs require muchlifting?

Do people have to carry heavyloads?

Do people have to push or dragheavy loads?


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Ergonomics working positionsitting


(brief description)Is the work chair well designedand adjustable?

Is there enough leg room androom for the worker's knees?

Does the worker have thepossibility of varying his/hersitting position and leg

position?

Is the height of the workbench

adjusted to suit the height of thechair and the body height of

the worker?

Does the worker have any footsupport in cases where he/she issitting on a high stool?

Are things like the controls,objects that are being workedon and tools, all within easyreach?

Not OK Plan to improve?

Ergonomics working positionstanding


(brief description)

Does the work require theworkers to stand still for long

periods of time?

Are the controls well designed

and properly positioned?

Is the work height correctlyadjusted in relation to theheight of the person doing the

job?

Are there any obstacles thathinder the worker from clearaccess to the work area obstacles such as machine

bases, conveyor belts,

collecting bins, guards/safetyequipment?


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Provide an example of your choice from your workplace


(brief description)

2. Select the top six hazards you identify and list them below.

1.

2.

3.

4.

5.

6.

3. Report the hazards you identify to designated person/s in your workplace

Name of designated person:

Signature of designated person:

Date:


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Assessing risk

Once a list of hazards in the workplace has been prepared, the next step is to assess the risk.The way this is done is to ask a series of questions such as:

Who is exposed to the hazard?

How many people are exposed to the hazard?

How often are people exposed to the hazard (for example, how often do they use thechemical or piece of machinery)?

Has this hazard already caused any problems at your workplace or other workplaces?

What would be the consequence if someone were hurt or m

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