WHS Info Session

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Work Health and Safety(National Uniform
Legislation) Act and Regulations
NT WorkSafe Anna McGill
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Legislative Framework

• Work Health and Safety (National Uniform
  Legislation) Act (WHS (NUL) Act)
• Work Health and Safety (National Uniform
  Legislation) Regulations
• Approved Codes of Practice
• Managing Health and Safety Risks
• Work Environment and Facilities

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Key provisions of the WHS Act

• duties of care are not defined by the nature of
  employment relationship Person Conducting
  Business or Undertaking (PCBU)
• protects all types of workers
• positive duties for officers to exercise due
  diligence
• duty to consult with workers and other duty
  holders
• protection against discrimination and coercion
• unions have a right to enter workplaces
• significant increase in penalties

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Duties of Care
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Section 18 - Reasonably Practicable

• Standard of your Work Health and Safety duty
• In this context, reasonably practicable means
  that which is, or was at a particular time,
  reasonably able to be done to ensure health and
  safety, taking into account and weighing up all
  relevant matters.

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Reasonably Practicable relevant matters for
consideration

• the likelihood of the hazard or the risk
  concerned occurring
• the degree of harm that might result from the
  hazard or the risk
• what the person concerned knows, or ought
  reasonably to know, about the hazard or risk, and
  ways of eliminating or minimising the risk
• the availability and suitability of ways to
  eliminate or minimise the risk, and
• after assessing the above, consider the cost
  associated with available ways of eliminating or
  minimising the risk, including whether the cost
  is grossly disproportionate to the risk.

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PCBU Primary Duty of Care
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Further Duties of PCBUs

• PCBU involving the management or control of a
  workplace
• PCBU involving management or control of fixtures,
  fittings or plant
• PCBU that designs /manufactures / imports or
  supplies plant, substances or structures
• PCBU that install, construct or commissions plant
  or structures.

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Duty of Officers
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Consultation Obligations

• PCBU must, so far as reasonably practicable
• consult with workers, and
• consult, co-operate with and co-ordinate
  activities with other persons who have a duty in
  relation to the same matter.
• Health and Safety Representatives (HSRs) for work
  groups
• must be established on request from a worker, and
• can direct unsafe work to cease and issue
  provisional improvement notices, but only if
  trained.
• Health and Safety Committees
• must be established within two months where
  requested by HSR, or five or more workers.

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Role of Unions

• Work health and safety entry permit holder can
  enter to inquire into suspected breaches, as well
  as to consult and advise workers, subject to
  permit and member eligibility requirements,
  protections and accountability.
• Aligned with requirements in the Fair Work Act
  2009.
• No notice for suspected breach.
• 24 hours notice to consult, advise or obtain
  documents.

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Transitional Arrangements

• Extensive Transitional Arrangements have been
  developed.
• Provides PCBU with time to assess compliance and
  implement control measures where necessary to
  comply with the new and significantly changed
  obligations
• Detailed information on NT WorkSafe website

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WHS Regulations

• Chapter 1 Preliminary Matters
• Definitions generally
• Definition of Supply
• How the Regulations can be linked to the Act

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WHS Regulations Chapter 2 Representation and
Participation

• Process for
• Establishing work groups
• Electing HSR
• Electing HSC
• Default process for issue resolution
• Entry Permit holders notice etc.

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Chapter 3 - General Risk and Workplace
Management

• How to manage Health and Safety Risks
• Specific requirements must be complied with
• Risk Management Process
• Provisions relating to general workplace
  management
• Information and training for staff
• First aid, PPE, etc.

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Chapter 3 - 12 Month Transitional Arrangements

• Reg 42 Duty to provide adequate numbers of
  first aid officers
• Reg 43 Duty to prepare, maintain and implement
  emergency plans
• Reg 48 Management of Risk of remote or isolated
  workers
• Reg 53 Flammable and combustible material not
  to be accumulated
• Reg 54/55 Managing Risks of Falling Objects

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Chapter 4 Hazardous Works

• General and Specific risk management requirements
  in relation to
• Noise
• Confined space
• Hazardous manual tasks
• Electrical safety
• High Risk Work Licences

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Chapter 5 Plant and Structures

• General and specific control measures for plant
• 5 year registration process for items of plant
• Required to maintain, test and inspect plant in
  accordance with manufactures instructions
• Competent person required to inspect plant for
  registration and renewal purposes
• Major inspection of cranes who is competent

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Chapter 6 Construction Work

• Principal Contractor duties triggered when
  construction work is 250,000 or more
• Work Health Safety Management Plan required
• Safe Work Method Statements required for high
  risk construction work

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Chapter 7 Hazardous Chemicals

• The use, storage and handling of dangerous goods
  are now regulated by the WHS (NUL) Act
• No longer a licensing regime established by the
  Dangerous Goods Act
• Notification requirements based on threshold
  quantities at workplace
• Globally Harmonised System (GHS) will become the
  system of classification and labelling of
  Chemicals 5 year transition applies

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Chapter 8 Asbestos

• PCBU with management or control of a workplace
  will need to establish
• Asbestos Register identifying location of
  asbestos by competent person
• Asbestos management plan
• Changes to asbestos removal licensing regime
• Transitional arrangements exist

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Codes of Practice

• Work Health and Safety Consultation, Co-operation
  and Co-ordination
• How to Manage Work Health and Safety Risks
• Managing the Work Environment and Facilities
• First Aid in the Workplace
• Hazardous Manual Tasks
• How to Manage and Control Asbestos in the
  Workplace
• How to Safely Remove Asbestos
• Managing Noise and Preventing Hearing Loss at
  Work

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Codes of Practice

• Labelling of Workplace Hazardous Chemicals
• Preparation of Safety Data Sheets for Hazardous
  Chemicals
• Confined Spaces
• Construction Work
• Preventing Falls in Housing Construction
• Prevention of Falls in General Construction

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Further Information

• Website www.worksafe.nt.gov.au
• safeworkaustralia.gov.au