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Occupational Health and Safety Information Manual

for Supervisors in the NSW Construction Industry


Prepared by WorkCover, in consultation with industry,
as part of WorkCover’s Year 2000 Best Practice Program

N E W S O U T H WA LE S

Copyright 1999 WorkCover NSW


Occupational Health and Safety Information Manual
for Supervisors in the NSW Construction Industry
Published and distributed by WorkCover NSW
First Published: November 1999
Copyright ©1999 WorkCover NSW
This publication is copyright. Except as expressly provided in the Copyright Act
1968, no part of this publication may be reproduced by any means (including
electronic, mechanical, microcopying, photocopying, recording or otherwise) without
prior written permission from the publisher.
Contents

Introduction .............................................................................................................. 1
Background to Development ....................................................................................... 1
Aims of the Manual ..................................................................................................... 2
Content of the Manual ................................................................................................ 2
Indicative Uses of the Manual ...................................................................................... 3

SECTION 1
Managing Occupational Health and Safety ............................................................... 5
Defining Occupational Health and Safety Management .............................................. 5
OHS Management Systems ......................................................................................... 5
WorkCover NSW Six Step Approach to OHS Management ........................................... 6
Organisational Policy and Programs in OHS ................................................................ 6
Proactive OHS Policy .................................................................................................. 7
NSW Government Approach to
OHS Management in the NSW Construction Industry ............................................... 7
Government Reform in Occupational Health, Safety
and Rehabilitation (OHS&R) for the Construction Industry .......................................... 7
Corporate OHS&R Management System Components ................................................... 8
OHS&R Management System Elements........................................................................ 8
OHS&R Management in the Context of NSW Government Reform ......................... 9

SECTION 2
Occupational Health and Safety Information and Training Strategies ....................... 11
Forms of OHS Information ......................................................................................... 11
Effective Communication ............................................................................................ 12
OHS Training in the Construction Industry ............................................................... 13
Training Needs Analysis .............................................................................................. 15
OHS Induction Training ............................................................................................ 15
Additional Training for Supervisors ............................................................................. 17
On-going Training Requirements ................................................................................. 18
SECTION 3
Hazard Identification and Assessment Processes ........................................................ 19
Construction Work Hazard Identification ................................................................... 19
Assessing the Risk of Injury and/or Illness .................................................................... 20
Risk Assessment Methods in OHS ................................................................................. 21
Developing Safe Work Procedures in Project or Site Construction Work .................... 22
Site Specific Safe Work Plan ........................................................................................ 22
Safe Work Method Statements and Job Safety Analysis Forms ........................................ 25
Acquiring and Disseminating OHS Hazards Information ............................................ 26
Role of State and National OHS Authorities ................................................................. 26

SECTION 4
Development and Implementation of Occupational Health
and Safety Risk Control Strategies ............................................................................. 29
Control Strategies in OHS ........................................................................................... 29
OHS Process Controls .................................................................................................. 31
Specific Common Construction Work Activity Controls ............................................. 32
Drugs and Alcohol ....................................................................................................... 32
Electrical Safety ........................................................................................................... 32
Excavation Work: Common Hazards ........................................................................... 33
Excavation Work: Security and Fall Prevention ............................................................ 33
Hazardous Substances ................................................................................................. 34
HIV and Other Blood Borne Pathogens in the Workplace .............................................. 35
Manual Handling ....................................................................................................... 35
Noise .......................................................................................................................... 37
Personal Protective Equipment/Personal Hearing Protection (PPE/PHP) ........................ 37
Scaffolding .................................................................................................................. 38
Shift Work .................................................................................................................. 38
Stress .......................................................................................................................... 38
Ultraviolet (UV) Radiation ......................................................................................... 39
Working at Height ...................................................................................................... 40
Working in Confined Spaces ........................................................................................ 41
Working Near Traffic ................................................................................................. 42
SECTION 5
Occupational Health and Safety Maintenance,
Review and Improvement Strategies .......................................................................... 45
Internal OHS Reviews ................................................................................................. 45
OHS Management System Audits ............................................................................... 46
Project Level OHS Reviews .......................................................................................... 47
Investigation Procedures............................................................................................... 47
Interview Techniques .................................................................................................. 49
External OHS Reviews ................................................................................................ 50
Improvement Notices ................................................................................................... 52
Prohibition Notices ..................................................................................................... 52
Infringement Notices (On-the-Spot Fines) ..................................................................... 53
Case Studies ................................................................................................................. 55
Building Maintenance Contractor Fined $80,000 (February 1997) .............................. 55
Large Construction company fined $175,000 (April 1996) ........................................... 55

SECTION 6
Workplace Injury Management in New South Wales ................................................ 57
Injury Management Resources and Procedures ............................................................ 57
Workplace Injury Management and Workers Compensation Legislation ..................... 58
Employers’ Responsibilities ........................................................................................... 59
Employee Rights and Responsibilities............................................................................. 59
Insurers Responsibilities ............................................................................................... 60
Nominated Treating Doctor ........................................................................................ 60
Injury Management Consultants .................................................................................. 61
Approved Medical Specialists........................................................................................ 61
Claims Procedures ....................................................................................................... 61
Compensation for Injury and Illness ............................................................................ 62
Entitlements ................................................................................................................ 62
Benefits ....................................................................................................................... 62
Return to Work (Rehabilitation) Programs ................................................................... 63
Rehabilitation Providers .............................................................................................. 64
Principles of an Effective Return to Work Program ..................................................... 65
References and Recommended Publications ................................................................. 67
WorkCover NSW Offices ............................................................................................ 68

Appendix A. Construction Industry Statistics .............................................................. 69


Appendix B. Hazard Identification and Risk Assessment ............................................. 71
Mapping Reference Sheet
CPSC OHS&R Management Systems Guidelines (3rd Edition)
and WorkCover NSW Construction Supervisors Information Manual

Supervisors Manual CPSC Guidelines CPSC Reference

Section 1.
Managing OHS E1 Management Responsibility Page 10
E2 Subcontracting & Purchasing Page 11
E3 Process Control Page 12
E5 Control of OHS&R Issues Page 15
E9 OHS&R Records Page 19

Section 2.
OHS Information E7 Handling, Storage,
& Training Strategies Packaging and Delivery Page 17
E8 Training Page 18

Section 3.
Hazard Identification E1 Management Responsibility Page 10
& Assessment Processes E3 Process Control Page 12
E4 Inspection and Testing Page 14
E9 OHS&R Records Page 19
E11 Internal OHS&R Reviews Page 20

Section 4.
OHS Risk E3 Process Control Page 12
Control Strategies E4 Inspection and Testing Page 14
E6 Corrective Action Page 16
E7 Handling, Storage,
Packaging & Delivery Page 17
E9 OHS&R Records Page 19

Section 5.
OHS Maintenance, E9 OHS&R Records Page 19
Review & Improvement E11 Internal OHS&R Reviews Page 20
Strategies

Section 6.
Workplace Injury E5 Control of OHS&R Issues Page 15
Management in NSW

The above information has been included to assist supervisors and managers to cross-reference
the information contained in this manual against the CPSC key elements of an OHS&R
management system.
Occupational Health and Safety Information Manual
for Supervisors in the NSW Construction Industry
Introduction

Background to Development
The Occupational Health and Safety Act of NSW Act 1983 (“the OHS Act”) places
a responsibility on employers to inform, instruct, train and supervise their employees
to ensure their health, safety and welfare when performing construction work.

Effective supervision of employees in relation to workplace health, safety and welfare


is an essential part of every Project Managers’ and Supervisors’ job.

Over the past 10 years, over 150 building workers have been killed in workplace
incidents in New South Wales alone. Share a thought for these workers and the pain
and suffering of their families. Details of the mechanisms of these fatalities are shown
in Appendix A. In 1996/97 there were also 6176 employment injury claims in NSW
(for permanent or temporary disability of more than 5 days duration) of which 4741
were for workers injured and 1435 for occupational diseases.

In addition to the human pain and social costs of workplace injury and disease, are the
economic costs to the industry and the community. In 1996/97, the total workers
compensation costs to employers in the Construction Industry was $185 million.

This manual has been developed to assist project managers and supervisors to better
fulfil their responsibilities in managing occupational health and safety. In particular,
it has been prepared to provide supervisors with a broad, introductory understanding
of the principles for systematically managing workplace health and safety.

The systematic management of OHS is critical to improving the occupational health


and safety performance of the industry. To effectively implement a systematic
approach to managing OHS contractors must provide appropriate training to their
project managers and supervisors in OHS risk management and their company’s
OHS management system. This key objective is recognised in a Memorandum of
Understanding signed in 1998 between the NSW Government and the Chief
Executive Officers of 17 of the principal contractors in NSW. A broad range of trade
unions and industry associations are supporting signatories to the MOU.

This manual will assist those contractors signatory to the MOU and other employers
within the industry to better manage OHS.

INTRODUCTION 1
In 1999 new legislation came into force to provide for OHS Induction Training in the
construction industry. A Code of Practice: Occupational Health and Safety Training for
Construction supports the new regulatory framework. As part of these new training
requirements outlined in the Code, supervisors who direct construction work must
receive training in the management, implementation and documentation of OHS for
construction work.

The Code of Practice identifies specific topics or knowledge areas required by those
people undertaking management or supervisory functions on a construction work-
site. These areas form the basis of the information provided in this manual.

Aims of the Manual


The aim of the manual is to provide detailed information on the topic areas identified
by the Code of Practice and to assemble relevant up-to-date OHS information that
explains construction managers’ or supervisors’ functions and responsibilities.

The manual should be of ‘day to day’ use in managing OHS at the ‘middle’ or ‘front
line’ manager level.

Content of the Manual


The content of this manual is structured into the following major sections.
1. Managing Occupational Health and Safety
2. Occupational Health and Safety Information and Training Strategies
3. Hazard Identification and Assessment Processes
4. Development and Implementation of Occupational Health and Safety Risk
Control Strategies
5. Occupational Health and Safety Maintenance, Review and Improvement
Strategies
6. Workplace Injury Management in New South Wales

Topics addressed include the management and implementation of hazard identification,


risk assessment and appropriate control measures in OHS, unsafe incident investigation
and testing procedures, specific contractor and subcontractor OHS responsibilities,
application of national standards and specific hazard risk assessment controls.

The manual also covers NSW OHS legislative requirements, the role of training,
communication and consultation as part of safe systems of work for the construction
industry and the role of OHS regulatory/support bodies.

2 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


The reader will be introduced to construction employee welfare provisions of the OHS
Act and its regulations, as well as covering environmental protection legislation that
applies to construction work. Emergency management planning and procedures as
well as specific event emergency and security management issues are also explained.

Indicative Uses of the Manual


This manual will be useful for a number of purposes including:
• as a source of information and reference point for managers and supervisors in
their management of Occupational Health and Safety in the workplace
• as a resource and tool to underpin the development of work activity induction
training courses for supervisors detailed in the new Code of Practice: Occupational
Health and Safety Training for Construction Work that focus on OHS management
issues. This construction work activity aims to provide participants with knowledge
of health and safety issues that are relevant to the activity, i.e. supervising others
in, for example, concreting, painting, steel fixing, plant operating
• as a resource to assist in the development of specific construction management
training where OHS issues are part of the training material
• to assist in developing training courses based on the generic occupational health
and safety competencies recommended by Worksafe Australia. These national
guidelines are known as the National Guidelines for Integrating Occupational
Health and Safety Competencies into National Industry Competency Standards
{NOHSC: 7025 (1998)}. For people who require training in implementing
effective occupational health and safety management such as supervisors in the
construction industry, the national guidelines specify ‘Generic Competency B’ as
a minimum requirement. For those with managerial responsibilities, or for those
who own and control their own construction business, ‘Generic Competency C’
is applicable.

INTRODUCTION 3
Intentionally Left Blank

4 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Section 1
Managing Occupational Health and Safety

Defining Occupational Health and Safety Management


Occupational Health and Safety (OHS) management is a process of planning, organising,
leading and controlling, and where relevant, staffing, to enable the integration of safety
into every part of an organisation’s processes. Managerial authority, responsibility and
accountability for occupational health and safety, as for other activities, should be
clearly defined throughout an organisation, and matched by appropriate training and
availability of resources and funds.

The aim of managing OHS successfully is to create a safe working environment whilst
achieving organisational goals in the conduct of the day to day business of the
organisation. Planning for, implementing and reviewing safety measures becomes part
of the everyday processes of the organisation.

The ownership of OHS strategies usually originates with management’s commitment


to safety. Devolved strategies may then be formed at each level of the organisation in
order to achieve organisational goals. These goals can then be evaluated and new
strategies developed to maximise performance in occupational health and safety.

OHS Management Systems


The OHS Management Systems model will enable an organisation to establish a
prevention system to safeguard the working environment. Establishing an effective
and pro-active prevention program encourages an emphasis on prevention rather than
merely responding to problems as they arise.

There are several comprehensive management systems and tools available to employers.
The decision as to which is most appropriate depends on several factors. These factors
include the organisation size, structure, complexity and product or service delivery.

SECTION 1. MANAGING OCCUPATIONAL HEALTH AND SAFETY 5


WorkCover NSW Six Step Approach to OHS Management
The Six Step Approach to OHS management promoted by WorkCover NSW can be
applied to all hazards and consists of the following:
1. develop an OHS policy and programs
2. methods of consultation
3. set up a training strategy
4. set up a hazard identification and workplace assessment process
5. develop and implement risk control strategies
6. promote, maintain and improve strategies.

Organisational Policy and Programs in OHS


An organisation’s Occupational Health and Safety policy is a public statement signed
by senior management expressing its commitment and intent to manage its OHS
responsibilities.

In publishing the policy the organisation is sending a clear message that it has a vision
and commitment to OHS management that is to be applied throughout the whole
organisation.

At minimum, an OHS policy should:


• be dynamic and relevant to the organisation’s overall vision and objectives
• be appropriate to the nature and scale of the organisation’s OHS risk
• include the commitment to consultation at all levels within the organisation
• broadly define the responsibilities of all parties in the workplace
• target the elimination/control of risks that could lead to work-related injury and
illness
• be documented, maintained and communicated to all employees
• be available to interested parties
• provide for continual improvement to objectives and be reviewed regularly to
ensure it remains relevant and appropriate to the organisation.

This type of policy is intended to clearly inform employees, suppliers, customers and
other relevant parties that OHS is an integral part of all operations. The employer states
an intention to be actively involved in the review and continual improvement of OHS
performance.

6 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Proactive OHS Policy
Characteristics of a pro-active OHS policy would include:
• an OHS policy which is on public display
• a joint approach to resolving OHS issues
• adequate OHS training for staff
• hazard identification and workplace assessment
• implementation of hazard controls
• promoting, maintaining and improvement of all OHS systems
• active OHS programs
• implemented safe work plans
• adequate supervision
• formation and operation of a workplace OHS committee.

This type of policy is designed to demonstrate the employer’s commitment to


OHS. Participation and support from all employees is required through effective
leadership, communication, delegation and appropriate resource allocation. The
employer continues to redefine the policy and program in consultation with employees
and employee representatives. Once developed, they should be made available to
employees and form part of any induction, information and training sessions.

NSW Government Approach


to OHS Management in the NSW Construction Industry
The NSW Government has a strong commitment to reform the construction industry
within the state. This commitment embraces a wide range of recent initiatives covering
tendering ethics; best practice; workplace reform; industrial relations; occupational
health and safety; workplace injury management and rehabilitation; environmental
management; legislative and administrative reform; law enforcement and industry
consultation.

Government Reform in Occupational Health, Safety


and Rehabilitation (OHS&R) for the Construction Industry
The NSW Government is committed to creating a safe working environment through
continuous improvement in Occupational Health, Safety and Rehabilitation. The
NSW Government issued OHS&R Management Guidelines in 1994. These guidelines
were first applied to NSW Government projects having a value of $20M or more. This
threshold has since been reduced to projects having a value of $3M or more and
projects having a value under $3M, where the government agency determines that
the work has a high safety risk, interfaces with another project with high safety risk,
or is otherwise sensitive in terms of OHS&R.
SECTION 1. MANAGING OCCUPATIONAL HEALTH AND SAFETY 7
Corporate OHS&R Management System Components
Guidelines issued by the Construction Policy Steering Committee (CPSC) in
collaboration with WorkCover NSW, identify four components as part of a Corporate
OHS&R Management System. These components are:
• management system with at least 11 key elements
• project OHS&R management plan
• site specific safety management plan
• safe work method statements.

OHS&R Management System Elements


There are 11 key system elements in the guidelines. These are:
1. management responsibility
2. subcontracting and purchasing
3. process control
4. inspection and testing
5. control of OHS&R issues
6. corrective action
7. handling, storage, packaging and delivery
8. training
9. OHS&R records
10. design
11. internal OHS&R reviews.

For a ready reference on mapping these 11 CPSC elements against the content of
this information manual, a Mapping Reference Sheet follows the contents page of this
manual. Another seven elements are optional. These include:
1. documentation
2. statistical techniques
3. client supplied products
4. inspection and test status
5. measuring equipment for inspections and tests
6. product identification and traceability
7. servicing.

8 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


OHS&R Management Systems can be submitted for accreditation to NSW government
construction agencies. WorkCover NSW may participate in the audit process if
requested by the relevant agency.

The CPSC will maintain a central registry of service providers whose Corporate
OHS&R Management Systems are accredited by the NSW government construction
agencies.

OHS&R Management in the


Context of NSW Government Reform
The Code of Practice for the Construction Industry and the Code of Tendering for the
Construction Industry apply to all government buildings, construction, maintenance
and material supply contracts, consultant commissions and government funded
projects and sites. The Codes establish the principles and standards of behaviour which
must be observed by any contractor, subcontractor, consultant and supplier wishing
to do business with the government, or working on projects to which the Codes apply,
including those with private sector funding.

The Codes, as part of the overall reform strategy, aim to increase industry
competitiveness, cooperation and productivity, and should be seen as a suitable
benchmark for all participants in the construction industry, particularly private
companies bidding for state government construction contracts. The government will
be strongly promoting the widespread adoption of the Codes.

The Codes particularly identify OHS as an important component of standards


required of construction work tendering. These Codes are issued by CPSC.

SECTION 1. MANAGING OCCUPATIONAL HEALTH AND SAFETY 9


Intentionally Left Blank

10 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Section 2
Occupational Health and Safety
Information and Training Strategies

Extensive health, safety and welfare information and instruction is required in the
construction industry. Under Section 15(2)(c) of the NSW OHS Act, the employer
has a legal obligation to provide employees with the information, instruction, training
and supervision necessary for them to do their jobs without risk to their health and
safety.

Forms of OHS Information


OHS information and instruction may be provided in many forms and can relate to
a variety of general and specific issues. Some examples could include:
• policies and programs
• certificates of competency and permits
• legal documents
• guidelines
• job safety analysis forms
• inspection checklists
• material safety data sheets (MSDS)
• site specific safety management plans
• safe work method statements
• standing instruction sheets
• structured training
• safety signs.

There should be a flow of information from designers, manufacturers and suppliers


through to the employees, about any identified risks associated with each plant item,
substance or process. Procedures should be in place to ensure all parties are provided
with relevant OHS information. To do this, the needs of individuals in terms of subject
matter and the form of communication to be used, should be considered. Computer
technology is expanding communication and information flow through organisations.

SECTION 2. OHS INFORMATION AND TRAINING STRATEGIES 11


Effective Communication
Effective communication and appropriate information, instruction, training and
supervision are essential to the health, safety and welfare of workers in the construction
industry. It serves to motivate and encourage understanding and acceptance of OHS
systems and is a requirement under the NSW OHS Act.

Effective health and safety communication skills become very important when
individuals are required to liaise with management and/or employees. Communication
is a process of sending and receiving symbols with meaning attached.

Effective communication occurs when the intended meaning of the sender and the
perceived meaning of the receiver are one and the same. Communication is more likely
to be effective when the message is clear, concise and contains appropriate and
sufficient information. A shared system of codes or language between the sender and
receiver is required.

Efficient communication results in minimum cost in terms of resources expended


(e.g. use of memos, email, and group meetings). All organisations need effective
communication to ensure organisational efficiency and effectiveness.

Good communication allows us to:


• gather and provide information
• ensure safe work methods
• ensure feedback on performance and results
• state objectives, deadlines and priorities
• gain agreement and consensus on issues
• encourage positive attitudes and morale.

Poor communication may be associated with:


• inaccurate information
• unsafe work methods
• accidents and injuries
• lower productivity
• stress and staff dissatisfaction
• high staff turnover and morale problems.

Effective communication means getting the correct information to the people who
need it to complete work safely and efficiently. It encourages feedback to determine
if the messages have been understood and accepted or if clarification or more
information is needed. It assists in gaining agreement and a positive work environment.

12 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


It is well known that employees who are fully informed and involved in their work
processes are likely to be more motivated to undertake work activities safely and
efficiently.

Barriers to effective communication include the following:


• The environment may pose an external barrier to communication. Factors such as
noise levels, workplace layout, ventilation, temperature, confined spaces, use of
personal protective equipment (PPE), plant and equipment, work processes or the
number of distractions can create barriers to receiving the message.
• Field of experience is a potential internal barrier to communication. This can
include such things as past experiences, beliefs, expectations and attitudes, values,
prejudices. Literacy/language differences, socio-cultural factors as well as anything
that may be preoccupying the sender or receiver at the time of communication.

There are many people involved in communication on construction sites including


managers, supervisors, employees, internal and external experts, sales representatives,
designers/manufacturers/suppliers, engineers, principal contractors, other contractors,
government officers and consultants. Everyone needs a means of ensuring that his or
her messages are understood.

Supervisors are often affected by how communication flows. In other words, the lines
of communication, where messages originate from and how they travel through an
organisation. Horizontal communication is between workers or across the work
group, whereas vertical communication originates from management down to employees
or from employees up to management. A group of contractors working on a project
may use horizontal lines of communication in order to develop an overall site plan.
Information originating from the principal contractor, down to the sub-contractor
and then to the employees is an example of vertical communication.

Information must be communicated in a manner that everyone understands. It is not


enough, for example, to merely give all workers a Material Safety Data Sheet (MSDS)
and tell them to read it. This method of communication may not result in acceptance
and understanding of the message. It may be necessary to use verbal explanation, as
well as visual communication systems such as signs or symbols.

OHS Training in the Construction Industry


Training is a planned and systematic sequence of instructions, under competent
trainers/instructors, designed to develop or improve predetermined skills, knowledge
and abilities required by an individual to perform a task, to a particular standard. OHS
training can involve various techniques including demonstrations, group or individual
exercises, role playing, case studies and displays, to name a few. Some can be on-the-
job. An example would be accident investigation training.

SECTION 2. OHS INFORMATION AND TRAINING STRATEGIES 13


A systematic approach to training has the aim of allowing participants to gain first-
hand knowledge and experience dealing with situations they face on a daily basis. Good
safety training cannot be achieved by a ‘hit or miss’ approach; it should be thoroughly
planned, implemented and evaluated. There should be a system in place to continuously
improve the training plan.

Employers in the building and construction industry need to establish guidelines in


relation to the design, development and delivery of training for employees and in some
circumstances, subcontractors.

There are many advantages to a systematic approach to training. These include the
following:

1. Meeting goals and objectives more efficiently and effectively


If problem areas can be targeted then emphasis will allow management to deal with
pertinent issues and not waste valuable time and resources.

2. Greater employee satisfaction


This arises from a strengthened competency base and increased self-esteem and
confidence of employees. Additional advantages are greater opportunity for
advancement and job enrichment.

3. A more versatile workforce


Training allows the workforce to be flexible and respond to changing needs as workers
acquire new knowledge and skills, which they can put into practice. Workers are also
better equipped to adapt to workplace incidents by using skills and knowledge from
training sessions.

4. Cost savings
Workers are better equipped to deal with the unexpected, therefore there is less
disruption to production and there is reduced staff replacement, errors (when using
new systems or computer programs), accidents and absenteeism, labour turnover,
recruitment costs and reduced set-up and change-over time.

Effective health and safety training supports organisational objectives and plays an
important role in safety management. A systematic approach creates a safety culture
that reinforces safe and healthy work practices while training helps provide the
knowledge, skills and practice necessary to sustain this culture. Objectives of safety
management cannot be achieved without systematic training. This training will assist
the organisation to identify, assess and control hazards. It will also put safety first as a
priority in workers’ minds and when planning every activity and situation. Training
creates an environment within which positive change can occur and provides a forum
for discussion to improve performance.

14 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Training Needs Analysis
Organisations need access to suitably trained and skilled workers. Therefore, it is
essential to identify the skills required to do a particular job and then make arrangements
to have those skills available on time.

This could mean arranging to have existing employees trained. Alternatively, it could
mean engaging sub-contractors or contracting organisations that already possess the
necessary skills, knowledge and qualifications, to work safely on that particular work
activity.

Identifying the skills for a particular job is often a simple task. For example, a work site
safety inspection or the preparation of a work method statement might highlight a
need for certain skills. Likewise, the results of an accident investigation might have
training implications for a current or future project.

On other occasions, however, identifying training needs can be complex, time


consuming and expensive. In these circumstances, assistance from a dedicated
professional organisation or individual (e.g. an employer association, a union or an
OHS training consultant) may be required.

In any event, the identification of the necessary skills must be part of the entire project
plan. Once the need for a particular skill has been identified, the role of a manager or
supervisor is to document that requirement and act upon it. Training should also cover
those administrative tasks related to planning for health and safety on the job, such as
site safety plans, purchasing procedures, work method statements and safe operating
procedures.

OHS Induction Training


The Occupational Health and Safety Act 1983, requires employers to provide
‘information, instruction, training and supervision to ensure the health and safety of
employees at work’.

Representatives of interested groups have, through consultation, developed practical


guidelines for OHS induction training in the construction industry.

These guidelines are in the form of a new regulation and code of practice. The aim is
to assist employers and workers improve safety standards in the construction industry.

SECTION 2. OHS INFORMATION AND TRAINING STRATEGIES 15


The Construction Safety Amendment (Amenities and Training) Regulation, 1998
(Gazetted 1 December 1998)
In brief, the new Regulation requires the following:

1. OHS induction training obligation


Principal contractors must ensure that all people carrying out construction work at their
construction site have received appropriate OHS induction training.
Employers must provide all employees carrying out construction work who are under
their direct control with OHS induction training.
Self-employed people must not carry out construction work unless they have undertaken
OHS induction training.

2. Areas of OHS induction training


Before any worker is about to engage in:
• construction work for the first time, they must be provided with General OHS
induction training
• a new construction work activity, they must be provided with Work Activity OHS
induction training
• work on a new construction site, they must be provided with Site specific OHS
induction training.

3. Record keeping of OHS induction training


A person who conducts any general or work activity induction training must issue a
written statement to each participant who satisfactorily completes the training.
Site specific OHS induction training does not require a written statement to be issued.
However, a brief description of the training must be kept by the employer or principal
contractor. Records must be available to WorkCover on request.

4. Minimum training qualifications


Trainers developing or conducting certain OHS induction training courses must have
qualifications in Workplace Training (Category 1 or 2) or equivalent. These are issued
by various Registered Training Organisations that have been accredited by the NSW
Vocational Education and Training Accreditation Board (VETAB).

It should be remembered that this regulation relates to OHS induction training. It


does not diminish or alter in any way the existing provision of necessary training
(including on-going OHS training and information) under the OHS Act 1983,
Section 15(2)(c). Organisations that employ not more than 10 people are exempt
from the trainer qualification requirement for Work Activity OHS induction courses.

For further information refer to the Code of Practice: OHS Induction Training for
Construction Work.

16 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Additional Training for Supervisors
Additional training should be provided for persons performing management and
supervisory function (e.g. leading hands, foremen, supervisors, etc.) and should
include at least the following health and safety topics:
• management and implementation of hazard identification, risk assessment and
appropriate control measures
• the OHS management system used including management responsibility,
subcontracting and purchasing, process control, inspection and testing, control of
OHS issues, non compliance and corrective action, handling and storage,
packaging and delivery, training, OHS records
• documentation
• consultation and cooperation
• management of emergencies.

The site specific OHS induction training aims to provide participants with a
knowledge of the OHS procedures and risks and hazards that are specific to a particular
workplace or site. The training may be in the form of OHS information or instruction
that is specific to a particular construction workplace or construction site. It should be
based on the hazard identification, risk assessment and control measures implemented.
The site specific training course need not be a documented course. However, the
supervisor should keep a brief record that the training was conducted.

A supervisor may be responsible for a variety of management functions including:


• meeting production requirements/schedules
• meeting quality targets
• budget controls
• safety management.

A supervisor can promote safety management by initiating and participating in a


whole range of activities such as conducting toolbox meetings, site specific induction
training programs, hazard inspections and reviews of work practices. All of these
actions can be viewed as pro-active safety initiatives which will enhance productivity
and efficiency.

Employers should decide what aspects of safety management their supervisors will
control and then provide the necessary training for these supervisors.

SECTION 2. OHS INFORMATION AND TRAINING STRATEGIES 17


On-going Training Requirements
Training Based on Hazard Identification, Risk Assessment and Control
This training should be carried out at the planning and preparation stage by the
contractor carrying out the construction work, in consultation with the principal
contractor, to determine if people are at risk.

The training, instruction, information and supervision provided should consider the
hazards, risks and control measures identified by the risk assessment process, the nature
of the work, workplace and individual job factors. This should cover specific OHS
training on noise, manual handling, etc.

Instructions to On-Site Visitors


Managers and supervisors are responsible for determining what is required for the
induction of persons visiting construction sites. Induction for visitors should cover
such things as:
• company policy and procedures in relation to supervision of visitors
• emergency response procedures such as fire and evacuation
• general information in relation to safety procedures, site facilities, amenities and
requirements for PPE.

18 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Section 3
Hazard Identification
and Assessment Processes

Hazard identification is the process of recognising that a hazard exists and defining its
characteristics. A hazard can be defined as something that has the potential to cause
harm.

All hazards should be identified and assessed to determine the level of risk. Then the
risk should be controlled. These steps are repeated as part of an ongoing process,
especially when there are changes in the workplace (e.g. the use of new substances or
new machinery, the effectiveness of the control method is being evaluated, there is new
knowledge on hazards, or changes in legislation).

The process involves finding all hazardous items, activities, situations, plant and
equipment, products, services and processes, that could give rise to injury or illness.
This would generally involve consideration of:
• the number, extent and potential of all known site construction work hazards
• type of injury or illness that is possible and the situation or events, or combination
of circumstances, that could give rise to the risk of injury or illness
• developing safe work procedures in project or site construction work
• acquiring and disseminating OHS information.

Construction Work Hazard Identification


Hazards can be identified in a number of ways. They are commonly identified through:
• direct observation • completing checklists
• site safety audits • workplace inspections
• incident/accident investigation • monitoring the work site
• feedback from other people • injury and illness records
• investigating staff concerns
• environmental and health monitoring
• consultation with staff or external organisations
• references to information and historical data.

SECTION 3. HAZARD IDENTIFICATION AND ASSESSMENT PROCESSES 19


All employees should be involved in hazard identification. It should take place at all
stages of product or service delivery, from design to manufacture, supply and product
use.

Identifying hazards should be a systematic/planned process. Systematic identification


enables workplace hazards to be identified in a logical, structured manner. Hazards
may also be identified through less formal or systematic means such as internal or
external complaints or observations from employees.

Assessing the Risk of Injury and/or Illness


A risk assessment involves careful examination of the hazards in a workplace and the
factors involved. This may include the type of hazard, equipment, training provided,
number of operations and existing systems in place to control the risks associated with
these hazards.

Risk assessment is the process of determining the level of risk created by the hazard and
the likelihood of injury or illness occurring. The priority of control increases as the
established level of risk increases. Some legislation requires certain control action to be
adopted, regardless of whether the risk has been determined. That is, the specific
scenario, the sequence of events, including the possible consequences, the exposure to
the hazard, and finally the likelihood of that scenario taking place.

Risk assessment must be documented and should include all significant findings and
recommended control measures. It should be reassessed following any injury or
incident or any changes to plant, processes, work activities, technology or legislation.
The assessment stage is essential because it will determine the type(s) of control
methods required.

Any scenario involving a particular hazard can lead to different consequences depending
on the sequence of exposure events. Hence, risk levels need to be assessed separately
for each chosen sequence of events.

To determine the level of risk the following should be considered:


• identifying or judging the likelihood and severity of different outcomes – that is,
the number of persons harmed and the nature of their injuries/illness
• determining the exposure – that is, how often (frequency); how long (duration)
and to what extent (exposure) the affected persons have to the particular hazard
(for a toxic hazard this would include any time-weighted average or ceiling
exposure)
• determining the individual’s reactions to certain hazards – that is, how the hazard
affects the employees who are exposed to them.

20 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Each hazard usually has a number of factors which contribute to the likelihood and
severity of injury, illness or damage.

There may be a number of different health outcomes (e.g. physical, psychological,


temporary, permanent, long/short term) once an injury or illness has occurred.

Risk Assessment Methods in OHS


There are many techniques for risk assessment; some of them involving complicated
mathematical models.

A simple risk assessment model such as that found in the WorkCover Hazpak
publication, helps to determine the likelihood and severity of a hazard and can assist
in assigning priority to hazards, on the basis of risk.

This is a reasonably simple model that provides an instrument for establishing the
seriousness and priority that should be given to a health, safety and welfare problem.
Problems which score Priority 1, have the highest ranking and need to be addressed
immediately, while problems which score a Priority 5 or 6, can be dealt with in order
of priority.

By completing a risk assessment you can identify those hazards that you should attend
to now and those which you can plan to control in the future. It is sometimes necessary
to undertake more thorough assessments of the risks through environmental monitoring.
OHS professionals such as occupational hygienists are often used when detailed or
specialised assessments are required.

1. How severely could 2. How likely is it to be that bad?


it hurt someone
very likely likely unlikely very unlikely
or
could happen could happen could happen, could happen,
how ill could it make
any time any time but very rarely but probably
someone?
never will

1 1 2 3
kill or cause
permanent disability
or ill health

long term illness or


serious injury 1 2 3 4
medical attention and
several days off work 2 3 4 5

first aid needed 3 4 5 6


The numbers show you how important it is to do something:
1 top priority: do something immediately
6 low priority: do something when possible

SECTION 3. HAZARD IDENTIFICATION AND ASSESSMENT PROCESSES 21


A risk assessment method commonly used in the construction industry is a method
similar to the HAZPAK model but uses only three levels of priority, i.e. 1, 2, 3. A Level
1 priority is the most urgent or serious and a Level 3 priority is the least urgent or less
serious.

Class 1 Does the hazard have the potential to kill, or permanently disable
High Risk you?
Class 2 Does the hazard have the potential to cause a serious injury, or
Medium Risk illness, which will temporarily disable you?
Class 3 Does the hazard have the potential to cause a minor injury which
Low Risk would not disable you?

These risk assessment methods assist to ‘predict’ the likelihood and severity of the
consequences of not managing the risk resulting in workplace injury and disease. Even
though limited resources may also influence priorities and OHS control solutions,
effective use of the available resources can save lives and reduce the level of accidents
and injuries.

Developing Safe Work Procedures


in Project or Site Construction Work
Setting up safe working systems and methods must begin with a thorough knowledge
of the risks that will be confronted during the construction phase of the project or
site work. The work methods to be used, the skills and training of the workforce,
the testing of plant and materials, safe site set up, the protective measures to be used
and the development of site rules. All these elements are combined to form a site
specific safe work plan.

Site Specific Safe Work Plan


The successful initial implementation of a safe work plan requires plans to be
developed that clearly set out how the objectives and targets of the management
system will be achieved. It should:
• designate responsibility for achievement of objectives and targets to relevant
personnel/supervisors and sections of the organisation
• establish a timeframe by which objectives and targets will be achieved
• include a process for reviewing the system.

Senior management responsibilities would be to provide:


• a working environment that is safe and without risks to health
• safe equipment and systems of work
• adequate resources, information, training and supervision
• ongoing and effective health and safety promotions.

22 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Manager and supervisor responsibilities would involve responsibility for:
• implementation of OHS policy and procedures
• identification of workplace hazards
• ensuring that effective consultation occurs
• investigating accidents and incidents
• induction and ongoing training for employees
• responding to issues raised by health and safety representatives
• submitting statistics and reports
• ensuring OHS systems are reviewed and continuously improved.

In addition to the initial planning phase, procedures should be established to ensure


planning is undertaken in the ongoing operations of the organisation. If there are
changes to the activities, products or services (e.g. introduction of a new product) of the
organisation or significant changes in operating conditions (e.g. change of location)
procedures should be established to ensure consultation with employees as these plans
are reviewed, and if necessary amended to address such changes. Operational plans to
address specific OHS issues in an organisation’s operations need to be developed and
implemented.

Systematic hazard identification methods include the following.

1. Workplace inspection
Regular, systematic physical inspections of the workplace by managers, supervisors
and the OHS committee are conducted. Inspections make use of observation,
checklists and discussion to identify workplace hazards.

In conducting inspections, consultation and cooperation between employers and


employees is essential. An OHS committee is one type of consultative mechanism that
can be utilised. The outcomes of inspections and control recommendations should be
documented and made available to employees.

2. Incident and accident investigations


Many workplaces have a set of procedures for reporting and investigating hazards
and circumstances that contribute to incidents and accidents. Detailed information
on the skills required to conduct such investigations are contained in Section 5 of
this manual.

3. Records
Workplaces are required to keep records of injuries, OHS training, illness and
incidents/accidents. Information about ‘near hits’ can be very helpful in identifying
hazards and preventing potential harm or damage. Registers of hazardous substances,
plant or injury are also useful.

SECTION 3. HAZARD IDENTIFICATION AND ASSESSMENT PROCESSES 23


4. Consultation
Mechanisms in the workplace to identify hazards and bring them to the attention of
those who have the responsibility to provide a safe and healthy workplace. OHS
workplace committees are an example of workplace consultation.

Other consultative mechanisms such as work meetings, quality circles and total quality
management processes, provide a variety of forums in which employees can raise OHS
issues and concerns.

5. Hazard identification checklists


A checklist is a widely used instrument and is ideal as a starting point in workplace
inspections. The important criterion when using checklists is that they must be flexible
enough to allow items that are not listed on the check sheet to be considered. Checklists
are only a guide to assist in the process of inspections; they must not set the agenda,
but rather be one part of it.

The checklist is beneficial in providing a means of measuring performance against a


predetermined standard. In order to achieve some reliability, there must be consistency.
Consistency is gained with practice by conducting workplace inspections and comparing
results with others or against previous inspection checklists.

6. Inspection documentation
The checklist used in workplace inspections and the resultant reports and supporting
materials are important records that provide valuable information to assist in decision
making.

The documentation should be seen as an organisational asset. As there is always


considerable effort and expense associated with workplace inspections, not to fully
utilise the information is wasteful. The reports generated through workplace inspections
could identify opportunities beyond the identification of hazards and accident
causation factors. Inspections can also identify opportunities for production
improvement, better maintenance techniques, means of reducing waste and increased
efficiency, all of which can contribute to an improved, more productive and safer
environment.

7. Site specific safety audits


Systematic investigation and monitoring of hazards is an effective way to bring hazards
to the attention of management and employees. Using checklists is one way to ensure
that procedures and safety measures are in place at the time of the audit.

This type of monitoring may be undertaken by OHS professionals to provide technical


advice about suspected hazards. Monitoring may help in deciding whether a substance
or process is a hazard and, if so, the level of risk involved. In this way, monitoring is
not only associated with hazard identification, but is also associated with workplace
assessment and control measures.

24 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Workplace environmental monitoring measures the hazards present in the workplace
environment (e.g. air sampling) whereas health monitoring considers exposure of the
individual (e.g. blood or hearing testing).

Safe Work Method Statements and Job Safety Analysis Forms


A history or data bank of knowledge can be gathered over time, stored, analysed and
reviewed so that future construction work procedures are planned safely. All the hazard
identification methods are utilised and the results stored. One way of storing a range
of OHS or job safety instruction is to use Safe Work Method Statements (SWMS) or
Job Safety Analysis (JSA) Forms.

For specific examples of how JSAs are used in risk assessment for particular construction
work activity refer to the extracts from the Construction Contractors Safety Pack (‘S
Pack’) in Appendix B of this manual. This document has been developed by the
Principal Contractors Safety Alliance and can be obtained from www.safetyalliance.org

Safe work method statements support OHS management systems and are particularly
important when planning and implementing work. These documents specify methods
of carrying out certain types of work, tasks or hazardous work.

A safe work method statement is a type of checklist. It is used to describe aspects of the
task that has to be done. It can be used to anticipate possible health and safety issues
and to program work effectively. They assist in quality assurance and meeting legal or
contractual requirements. The aims of a safe work method statement are to:
• describe the task or job to be done
• identify the resources, manpower and skills required
• identify the health, safety and welfare hazards associated with the task
• assess and select hazard controls as appropriate
• systematically plan the job so it can be completed efficiently and effectively.

When developing safe work method statements the following should be considered:
• its development and documentation prior to the commencement of a job
• incorporation of information obtained from employees
• risk assessment results should be incorporated
• job procedures should be explained step-by-step in a logical order
• it should be read and understood by the employees, before commencing work
• it should be signed by the employees, once it has been read and understood
• included as part of an employee’s induction training
• become part of the overall site safety plan

SECTION 3. HAZARD IDENTIFICATION AND ASSESSMENT PROCESSES 25


• written in plain English with minimal jargon and presented in a suitable format
(e.g. pre-developed charts or forms)
• easily available for constant reference by those that are involved or affected
including OHS committee members.

Identification and assessment of the risks associated with construction work hazards
requires information about hazards to be communicated throughout the industry on
a national and international basis. The relevant state and national OHS authorities
do this by several means.

Acquiring and Disseminating OHS Hazards Information


Not only will information and knowledge about hazard identification and assessment
be acquired through compliance with legislation, codes and standards but also from
many other sources. Primary sources of reliable information are the state and national
authorities in OHS.

Role of State and National OHS Authorities


Workcover NSW produces a wide range of information about hazard identification
and risk assessment. Two such information sources on hazard identification in
construction work are listed below.

Guidance Notes
Guidance notes are explanatory documents issued by various organisations including
WorkCover NSW, Worksafe and Standards Australia. They provide detailed information
to further support the various requirements of legislation, codes and standards.

Safety Alerts
Safety alerts emphasise dangers in relation to a specific risk for a particular job. The
safety alert highlights the hazard, provides background information and then makes
recommendations or suggestions on how to reduce the risk. Some examples of relevant
safety alerts used in the construction industry include:
• failure of lifting devices in construction work (SA96/4)
• collapse of domestic roofs under construction (SA95/3)
• dangers of overhead powerlines when pumping concrete (SA94/5
• maintenance of fork lifts (SA94/1)
• tip truck trailers (SA94/14)
• dangers of overhead powerlines when pumping concrete (SA94/5)
• LPG tanks on agitators for ready-mixed concrete trucks (SA95/7)
• injuries from concrete pumping (SA96/5)
• mobile crane fault causes load to fall (SA96/3).

26 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Standards may be developed by Australian and international organisations. Those
which develop standards for reference by Australian employers and employees are
Worksafe (officially called National Occupational Health and Safety Commission)
and Standards Australia. Standards developed by Worksafe and Standards Australia
use an abbreviation of their organisation’s name (i.e. NOHSC or AS) and an
identifying number, year and title to enable easy access to required documents.

Worksafe Australia was formed in 1985 to lead national efforts to provide healthy,
safe and productive work environments and to reduce the incidence and severity of
occupational injury and disease. Primarily this involves the states/territories recognising,
legislatively or otherwise, national standards and national codes of practice. Worksafe
Australia encourages a uniform national approach to occupational health and safety
through:
• research
• education
• National Standards, Guidance Notes, Codes of Practice, strategies and policies
• the provision of information and statistics.

Worksafe has produced documents in areas such as:


• noise
• workplace hazardous substances
• manual handling
• certification of equipment operators
• National Standards for Plant (includes equipment and tools)
• National Operator Certification Standards for equipment such as boilers, pressure
vessels, cranes, lifts, and hoists
• core training elements for OHS
• National Model Regulations.

Reference to international construction safety can be located with the respective national
agencies. This information is particularly accessible with the use of the internet.

SECTION 3. HAZARD IDENTIFICATION AND ASSESSMENT PROCESSES 27


Intentionally Left Blank

28 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Section 4
Development and Implementation of Occupational
Health and Safety Risk Control Strategies

Managing or controlling the risks associated with hazards once identified and assessed
is perhaps the key to the success or otherwise of a preventative approach to OHS.

In this section information is provided on:


• control strategies in OHS
• controls that are associated with special processes in construction work
• corrective measures when controls are not implemented.

Control Strategies in OHS


Control strategies should be developed and implemented after the hazards have been
identified and risk assessment completed. The main purpose of control methods is to
eliminate or reduce risks associated with these hazards in the workplace. It is essential
that a thorough examination of the workplace be carried out to reveal the types of
hazards and their extent. This should be linked closely to information, the requirements
of appropriate legislation, codes and standards.

Once implemented control strategies should always be documented. They also need
to be properly implemented and maintained. Training should be provided to all
employees where necessary. Further monitoring and review should be conducted to
ensure continuing applicability and suitability. Regular review also encourages continual
improvement. All control strategies should be developed using the OHS hierarchy of
control.

Control measures are designed:


• to reduce the risk of hazardous work
• to reduce the risks of exposure to a hazardous substance or hazardous environment
• to reduce the likelihood of disease where that exposure is an integral part of the
work process.

Control methods should be organised into a hierarchy. This means there are preferred
ways to eliminate or reduce exposure to a hazard. If elimination of a hazard is not
possible, the risk still exists. This risk should be minimised by using the next most
effective method in the hierarchy of control.

SECTION 4. DEVELOPMENT AND IMPLEMENTATION OF OHS RISK CONTROL STRATEGIES 29


When we discuss control of hazards in general, we set them out in the following
hierarchy.

1. Eliminate the hazard


It is often possible to detect a hazardous situation during the design and planning phase
of a construction project. Every attempt should be made to eliminate hazards by
designing them out when new materials, equipment or work systems are planned.

2. Change equipment or materials


Adopt a safer process by redesigning, replacing or modifying plant, substances or
materials tools and equipment used. Workplace layout or design to reduce the risk
of injury.

3. Change work methods


Employ methods of work that can be undertaken with less risk. For example, OHS
induction training before someone carries out construction work.

4. Personal Protective Equipment (PPE) control measures


This method provides a barrier between the worker and the hazard. This method
should be the control measure used when all other controls are not practicable. Using
properly designed and properly fitting equipment (e.g. PPE includes hard hats, safety
boots, eye protection, ear protection, respirators, safety harnesses, face shields and
gloves).

Sometimes one control measure on its own is often not enough to protect a worker.
It may be necessary to use a combination of controls to provide adequate protection
from hazards at work.

Another way to view control strategies is to adopt a ‘best/worst’ approach. This


approach can be summarized as a ladder where the best control measures are at the top
and the worst at the bottom.

30 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


In diagrammatic form the ladder appears below.

1. Elimination
BEST
• e.g. remove risk of asphyxiation in a basement by using electric
CONTROL concrete vibrator rather than a petrol driven type

2. Separate people from the hazard


• e.g. guards on power tools
• e.g. use effective barriers and edge protection
• e.g. enclose noisy machinery

3. Use an engineered control


• e.g. use earth leakage device (safety switch) on electrical
power source
• e.g. use a machine to lift heavy objects
• e.g. use scaffolding rather than ladders to reduce risk of falls

4. Change work practices


• e.g. training in lifting techniques
• e.g. tagging procedures
WORST
5. Provide personal protection (PPE)
CONTROL
• e.g. hearing protection, eye protection, etc.
Note: PPE should be the last barrier to protect people when all else fails.

Controls should be as high as practical in the “Best to Worst” guide shown above.

OHS Process Controls


OHS process controls are part of Project Safety Management Plans. These controls are
put in place to inspect, test and monitor OHS performance over a construction
program. As part of this system issues will arise that demonstrate a clear non-
compliance. This non-compliance could be in the form of protective measures that are
stipulated but are not evident when the work process is performed or dangerous
occurrences (near hits). OHS issues, if not addressed as part of the control procedures,
will result in unsafe work practices or the use of unsafe plant, equipment and processes.

Some examples of these issues are:


• non-compliance with legislation, standards, codes
• lack of pre-work planning
• untrained/unskilled personnel
• sub-standard documentation
• lack of OHS hazard risk management
• inadequate resources to effect proper controls
• inaction over safety complaints

SECTION 4. DEVELOPMENT AND IMPLEMENTATION OF OHS RISK CONTROL STRATEGIES 31


• lack of OHS consultative mechanisms
• unrealistic work completion deadlines
• incidents/dangerous occurrences.

Specific Common Construction Work Activity Controls


Controls that are associated with construction work activities that carry significant
risk, are listed below in alphabetical order.

Drugs and Alcohol


Both illegal and legal drugs can affect health and safety and work performance. The
physical effects of the drug can vary depending in the type of drug. Some drugs can
react adversely when taken in conjunction with alcohol, or when combined with the
effects of certain chemicals or substances being used in the workplace.

Some control measures include:


• consult with employees, develop and implement appropriate policy, guidelines
and/or codes of behaviour
• Employee Assistance Programs, including rehabilitation, counselling and corrective
action where appropriate
• provision and correct usage and control of hazardous substances
• drug and alcohol testing as an OHS issue should not occur in isolation from other
issues such as employee rights.

Electrical Safety
Electricity is a major cause of fatalities and serious injuries in the construction industry.
Electricity can cause:
• electric shock which can kill, burn or injure
• fire
• electrical explosion.

Some control measures include:


• thorough preparation and planning in terms of location of services, cable markings
and appropriate digging practices
• thorough checks on the detail, accuracy and currency of information about
services, particularly power and gas
• switch off/disconnect (isolate) from all possible sources of electricity
• treat all wires as live and test the circuit immediately

32 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


• use appropriately qualified and competent electrical workers and provide adequate
training, instruction and supervision to all employees
• ensure supply remains isolated with the use of lock out equipment, tagging and
isolating devices
• use suitable insulating materials and equipment
• proper earthing
• proper maintenance, cleaning, inspection, testing and storage of all electrical
equipment
• use warning notices and safety signs
• when working with electricity do not work alone
• appropriate first aid procedures
• be aware of the dangers of working near overhead powerlines
• use of PPE such as insulative gloves and footwear.

Excavation Work: Common Hazards


The following hazards are commonly associated with excavation work and should be
considered by the risk assessment process:
• the fall or dislodgment of earth and rock
• the instability of the excavation or any adjoining structure
• the inrush or seepage of water
• unplanned contact with utility services, e.g. electricity cables and gas main
• the placement of excavated material
• falls into excavations
• the movement and positioning of heavy plant and equipment
• ground vibration
• vehicle movement
• excessive noise from the operation of machinery and plant
• manual handling injuries
• changes to excavation conditions.

Excavation Work: Security and Fall Prevention


Many accidents on construction or demolition sites have involved people, including
young children, sustaining serious injuries as a result of inadequate control measures
being in place to prevent uncontrolled entry to the site. These injuries include falls into

SECTION 4. DEVELOPMENT AND IMPLEMENTATION OF OHS RISK CONTROL STRATEGIES 33


open excavations, injuries as a result of plant not being rendered inoperable and people
being struck by falling objects. Even shallow excavations can be trip and fall hazards.

The OHS Act places an obligation on employers or persons in control of the


workplace. They must ensure that the workplace is safe and without risks to health for
their employees. This obligation extends to others present at the workplace or affected
by the work, including contractors, visitors, delivery drivers, etc.

A safe system of work and appropriate control measures must be provided wherever
persons are exposed to a risk of falling during excavation work.

A risk assessment should be conducted in order to determine which controls will


be implemented to ensure the security of excavation during work and when left
unattended.

The control measures implemented must be appropriate and effective for the hazards
and risks of the situation. Consideration should be given to factors such as length and
depth of open excavation, ease of access by all persons (including pedestrians,
children), etc.

The following measures should be considered:


• isolate the hazardous area, including fencing, barricades or barriers, handrails and
covers
• backfill as work progresses
• use hazard warning lights, signs, markers or flags
• sentries (may be necessary to provide protection for the public and employees)
• site security measures, including fencing or use of safety observer(s)
• night lighting.

Control measures should be properly installed and maintained until the work is
completed or until there is no longer any risk of persons falling into the excavation.

Hazardous Substances
Employers and self employed people must identify any hazardous substances used at
work and assess the risks using information in the MSDS and on the label. The
contractor doing the work must ensure a safe system of work including compliance
with the provisions of the OHS (Hazardous Substances) Regulation 1996. If it is
necessary to use the hazardous substance they must:
• prevent exposure beyond the standard exposure limits
• train employees in the safe use of the substance and ensure they have access to the
manufacturer’s MSDS

34 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


• ensure that any necessary PPE is available and is used
• ensure that all containers are labeled, especially when a hazardous substance is
decanted
• ensure that all containers are cleaned when empty
• keep a register of hazardous substances used and a record of training provided.

Some hazardous substances have exposure standards that must be observed. This may
be particularly relevant for substances that are applied as a spray. Details of any
exposure standards are set out in the manufacturer’s MSDS.

For further information about using hazardous substances refer to the Code of Practice
for Control of Workplace Hazardous Substances.

HIV and Other Blood Borne Pathogens in the Workplace


Transmission of HIV, hepatitis and other viruses found in blood and other body fluids
can occur in the workplace. Although the construction industry is not generally
considered at high risk there are times when exposure could occur, or when certain
work activities which may increase risk (e.g. a plumber may be exposed to syringes that
have been disposed of in toilets).

Some control measures include:


• eliminate any work practice which may lead to exposure
• use appropriate equipment (e.g. syringe collection device)
• good housekeeping and personal hygiene
• clean, disinfect and sterilise equipment
• appropriate training and information
• provide appropriate cleaning materials (e.g. bleach)
• ensure first aid staff are trained in infection control procedures
• appropriate policy, including counselling and privacy provisions
• PPE where required (e.g. non-porous waterproof dressings, gloves, mouth to
mouth resuscitation masks, plastic aprons and eye protection)
• if exposure occurs, take immediate action.

Manual Handling
Manual handling means any activity requiring the use of force exerted by a person to
lift, push, pull, carry or otherwise move any load. Manual handling can result in
injuries – often back injuries, but also strains or sprains of other parts of the body. It
used to be thought that the weight of a load, and whether it was lifted ‘correctly’, were

SECTION 4. DEVELOPMENT AND IMPLEMENTATION OF OHS RISK CONTROL STRATEGIES 35


the main factors in causing injury. The reality is more complicated, and the Manual
Handling Standard and Code of Practice recognise this by setting out a number of
factors which can affect the risk of injury.

Factors which, acting in combination, can increase the risk of injury arising from
manual handling include:
• actions and movements
• workplace and workstation layout
• working posture and position
• duration and frequency of manual handling
• location of loads and distances moved
• weight of load and forces exerted
• characteristics of loads and equipment
• work organisation
• work environment
• skills and experience
• age
• clothing
• special needs.

Some control measures include:


• general principle of safe lifting:
– minimise lifting and lower forces exerted
– avoid the need for bending, twisting and reaching movements
– reduce pushing, pulling, carrying and holding
• job redesign:
– modify the object to be handled
– modify the workplace layout
– use different actions, movement and forces
– rearrange materials or work flow
– modify tasks using mechanical equipment or team lifting
– lighten loads
• general and specific training in the principles of correct manual handling and
lifting, recognition of manual handling risks and/or specific manual handling
training
• use other administrative controls that consider special needs (e.g. job rotation).

36 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Noise
The Occupational Noise Management Overview (AS 1269.0 – 1998) defines occupational
noise as all sound in the workplace whether wanted or unwanted. Noise is a significant
occupational health and safety issue in the construction industry. Noise on and near
construction sites is usually associated with vehicles and traffic, machinery and heavy
equipment, hand and explosive powered tools.

Some examples of approximate noise levels (dB):


• normal conversation 60
• heavy traffic 80–90
• riveting hammer 90–100
• heavy-duty wood saw 95–105
• angle grinder 100–105
• router 105

A workplace is described as unsafe and at risk to health, if people are exposed to noise
levels exceeding an eight hour noise equivalent of 85 dB. Some control measures
include:
• purchase new tools which operate quieter
• minor design changes to plant
• regular plant maintenance
• isolate or enclose the noisy parts of the plant
• use sound absorption devices/substances (e.g. sound proof booths, noise barriers
or partitions)
• reduce metal to metal impact or suppress vibrating surfaces
• use of safety signs to alert people to noisy areas
• use of PPE such as ear plugs or muffs
• adequate training and information.

Personal Protective Equipment/Personal Hearing Protection (PPE/PHP)


Personal Protective Equipment/Personal Hearing Protection is the least preferred
method of controlling hazards. However in some circumstances it is still the only
method available to minimise the risk. It should be used when there is no other suitable
method of controlling the hazard or as an interim measure during short-term
maintenance.

PPE/PHP should fit properly, be comfortable and easy to clean and maintain. It is the
employer’s responsibility to provide PPE/PHP without any cost to employees.

SECTION 4. DEVELOPMENT AND IMPLEMENTATION OF OHS RISK CONTROL STRATEGIES 37


Employers should consult with employees about the use of PPE/PHP to ensure its
preference as an OHS control measure is lessened and to maximise the effectiveness of
the type and duration of its use.

Types of PPE/PHP include:


• head protection (e.g. safety helmets, hoods, caps and balaclavas)
• eye protection (e.g. safety glasses, sun glasses, wide vision and coverall goggles)
• hearing protection (e.g. ear plugs and muffs)
• whole body protection (e.g. overalls and aprons, knee/elbow pads, jackets and
long sleeved shirts for weather conditions)
• hand protection (e.g. gloves, mittens and gauntlets)
• foot protection (e.g. safety boots or shoes with toe caps, grip soles)
• respiratory protection (e.g. powered or non-powered air purity or supply system).

Scaffolding
The OHS (Certificates of Competency) Regulation 1995 requires that any scaffolding
erected such that a person could fall 4 metres or more from the working platform must
be erected by a person holding a certificate of competency for scaffolding.

The Construction Safety Regulations require that scaffolding must be erected in


accordance with AS/NZS 1576 Scaffolding. Scaffolding should also be erected in
accordance with AS/NZS 4576 Guidelines for Scaffolding.

Shift Work
Shift work, especially that involving nightshifts, affects the human body. The body is
designed to be active during the day and sleep at night. Night shift work interferes
with the body’s circadian rhythm (response to light), and with digestive and brain
activity patterns. No system can totally overcome this, but some are much better than
others.

Stress
There are six main factors contributing to undesirable stress at work. These are:
• lack of meaning (i.e. ‘what is the point of doing this?’)
• poor work task allocation
• unrealistic time allocation
• lack of predictability
• lack of control
• conflict.

38 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Lack of meaning in a job can lead to poor image of the organisation, a loss of self-esteem
and possible social problems. Multi-skilling, job enrichment, a ‘bottom-to-top’ approach
to quality management, and a caring management are all approaches to overcome
lack of meaning.

Poor work task allocations can refer to the quantity and quality of work, that is, too
much, or not enough work, or work that provides little mental or physical stimulus.
Moves to greater efficiency tend to reduce under-work, but where people are under-
worked, skylarking and practical jokes can lead to accidents.

An unrealistic time allocation by supervisors/managers is an obvious source of stress


and health breakdown, if prolonged. It can be organisationally or individually driven,
or a combination of both.

Lack of control on the day-to-day or week-to-week level can cause problems for the
worker. Part of job enrichment is to give the employee a greater say in how things are
to be done and, within the work area, who should do what, who should share duties,
etc. Both the quality improvement approach to product or services and the consultative
approach to health and safety emphasise the importance of worker participation.

Conflict can be a serious cause of stress. It can occur between supervisor and employee,
between groups and organisational divisions, and between individuals. Solutions to
OHS issues that are unresolved vary and may include:
• steps to improve safety culture and job pride
• counselling
• training in conflict resolution, mediation, negotiation and problem-solving skills
• clear definition of roles and expectations
• re-deploying a person into another position
• changing a supervisor or moving an individual to another supervisor.

Ultraviolet (UV) Radiation


UV radiation is electromagnetic energy. UV radiation is of concern to workers in the
construction industry due to the amount of work and length of time spent outdoors.
The most common source of UV radiation is the sun, but there are other sources in
the workplace including lasers, welding flashes and high intensity lighting.

Some of the control measures include:


• change the job so that much of the work is carried out indoors or in a location away
from direct sunlight
• work in shade using natural or existing shade from trees, surrounding buildings
or structures

SECTION 4. DEVELOPMENT AND IMPLEMENTATION OF OHS RISK CONTROL STRATEGIES 39


• install awnings, canopies/sails, tents or umbrellas to protect workers
• rotate workers
• change work times to avoid exposure to sunlight during the hottest times of the
day
• use appropriate PPE (e.g. loose long sleeved shirts, broad brimmed hats, wrap
around sunglasses, maximum protection sun screen readily available at all times).

Working at Height
Falls of people or objects from a height represent a serious health and safety risk in the
construction industry. More than half of the falls that occur in the construction
industry are from heights. Falls can occur from ladders, roofs, scaffolding or mobile
work platforms, when climbing stairs, or from incorrectly erected equipment. A
variety of injuries can occur as a result of a fall from a height. The injuries range from
short term minor injuries to more permanent, severe disabilities or even death.

Some control measures include:


• work should be done at ground level, where possible
• appropriate training and instruction
• good housekeeping, regular disposal of waste materials and adequate storage
facilities
• appropriate entry and exits
• passage ways, aisles and stairs should be clear of obstructions
• appropriate safety signs and designated areas
• ensure surfaces are clean and free of contaminants
• correct use of ladders
• appropriate use of scaffolds or mobile work platforms
• implement a system of edge protection
• use of protective measures working above a height of 1.8 metres, i.e. safety harness,
safety net or other safe fall arrest method
• securing of all scaffolding, temporary structures, planks, decking equipment, tools
and materials
• use of mechanical lifting equipment
• use appropriate non-slip foot wear or other PPE.

40 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Working in Confined Spaces
The OHS (Confined Spaces) Regulation 1990 sets out minimum standards to ensure the
safety of persons working in a confined space. It does this by requiring employers to
comply with the requirements and procedures set out in AS 2865:1986 – Safe Working
in a Confined Space.

The Regulation defines a confined space at a place of work as a space of any volume,
which a person may at any time enter or be allowed to enter, and in which:
i. the atmosphere is liable to be contaminated at any time by dust, fumes, mist,
vapour, gas or other harmful substances, or
ii. the atmosphere is liable at any time to be oxygen deficient, and includes, but is not
limited to, the following:
– open-topped spaces of more than 1.5 metres in depth, such as pits or
degreasers which are not subject to good ventilation
– pipes, sewers, shafts, ducts and similar structures.

The OHS (Confined Spaces) Regulation 1990 prohibits the use of combustion engines
in confined spaces. It is very dangerous to use an internal combustion engine in a
confined space or enclosed area. The exhaust fumes from the engine are very poisonous
and rapidly reach dangerous levels. The engine can also very quickly use up the oxygen
in the air. This results in workers being overcome by lack of oxygen or poisoned by the
exhaust gases. Fitting a catalytic converter or scrubber to the exhaust system of each
internal combustion engine can reduce the build-up of some toxic gases, but this is not
a solution to the use of internal combustion engines in unventilated areas. Also it is
important to note that catalytic converters only operate when the engine is under load
and not when idling.

Where persons are carrying out work in an enclosed or confined area they may be at
risk from a build-up of gases, e.g. heavier than air gases, particularly carbon dioxide,
such as exhaust fumes from nearby plant and equipment. Control measures must be
implemented to ensure that an adequate level of ventilation is maintained to prevent
the build up of gases, e.g. by directing gases to the open air or use of continuous air
replacement systems.

Extractor fans or appropriate respiratory protective equipment should be provided and


used when working in any confined or poorly ventilated area. The only respirators
suitable for confined spaces are airline respirators or self-contained breathing apparatus.

Hydraulic, electric or air driven machines are recommended for use in confined or
poorly ventilated areas. Further information is contained in AS 2865:1986 – Safe
Working in a Confined Space.

SECTION 4. DEVELOPMENT AND IMPLEMENTATION OF OHS RISK CONTROL STRATEGIES 41


Working Near Traffic
Carrying out work near moving plant or vehicular traffic is often a high-risk activity
where additional control measures are necessary to ensure workplace health and safety
in relation to the use of the plant and activities around them.

Planning and preparation should include the development of a vehicle movement


procedure for each work site.

Vehicle movement procedures should identify the preferred travel paths for vehicles
associated with a work site entering, leaving or crossing the through-traffic stream. A
vehicle movement procedure should include persons, moving equipment, plant and
vehicle traffic in the work area and also identify travel paths for trucks at key points on
routes remote from the work site, such as places to turn around, accesses, ramps and
side roads. A vehicle movement procedure may be a documented procedure, a
diagram, combined with or superimposed on a Traffic Control Plan, or may be verbal
information and instructions specific to the particular construction workplace or site.
The risk management process should be used to determine which is the most
appropriate.

Where work is carried out on public roads vehicle movement procedures should
be developed in accordance with AS 1742.3 – Manual of Uniform Traffic Control
Devices – Traffic Control Devices for Works on Roads.

Where work is to be carried out using moving plant, the tasks to be performed should
be carefully planned before carrying out any work (see Section 3).

The principal contractor in consultation with the contractor should determine the
control measures that will be implemented to ensure the safety of workers and all other
persons on the work site. A system of work should be implemented to ensure that no
persons are at risk when working near or with moving plant.

A risk assessment should be conducted to determine what type of safeguards or systems


of work will be implemented on the site and should include eliminating exposure of
persons to moving plant. Vehicle movement procedures should be developed based on
the risk assessment and should be developed each time the conditions on the site
change in a way that may affect the health and safety of persons.

The risk assessment should consider at least the following:


• isolate vehicles and plant used in or around the site and work area from persons
on the site or work area (e.g. vehicles or persons may be guided around or past the
work area)
• secure the area where moving plant is being used, e.g. fencing, barriers, barricades,
temporary warning or control signs or a combination

42 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


• plan the direction that plant moves so that the visibility of operators is not
restricted. This should also include an assessment of the visibility of plant and
traffic from all areas of the work site
• the use of spotters/safety observers to control traffic movement
• persons working on public roads should be trained in accordance with AS 1742–
Manual of Uniform Traffic Control Devices
• implement safe working distances
• the use of audible reversing alarms and/or other technologies or other safe work
practices. Note: reversing alarms may cause confusion where multiple plant is
using the same area and other systems of work may be required
• minimise the number of moving plant working at one time. Where multiple plant
is being operated around the work site a competent person should be used to direct
the plant:
– operating in close proximity to each other
– reversing
– where persons are on the ground
– in other situations as indicated by the risk assessment
• where construction vehicles or plant enter or leave the work area by public roads,
systems of control and notices should be placed at all entrances and exits to the
work area to protect and warn all persons approaching or in the vicinity where
plant is being operated near persons, near underground or above ground services
(any other workers, soils technicians, surveyors, visitors, etc.)
• designated delivery and turning areas. The movement of delivery vehicles on
construction sites frequently presents a hazard particularly when reversing,
loading and unloading. Procedures should be implemented to warn all persons
affected by the potential hazard. These procedures should include:
– the requirement for truck drivers to report to a suitably sign-posted area on
the site
– the requirement for a designated worker to act as an observer to ensure all
persons are clear of the reversing vehicle
– a system of communication and warning to persons near the delivery point.

SECTION 4. DEVELOPMENT AND IMPLEMENTATION OF OHS RISK CONTROL STRATEGIES 43


Intentionally Left Blank

44 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Section 5
Occupational Health and Safety Maintenance,
Review and Improvement Strategies

Maintaining, reviewing and improving a safety management system is crucial to the


attainment of continual improvement in OHS performance.

Organisational review is usually an internal process and involves a review of the key
system elements. One way of ensuring maintenance of an OHS management system
is to establish an overall system check or audit.

External pressures are also part of an organisation’s review OHS performance levels.

This may be brought about by the relevant safety authority through investigations or
prosecution. This section of the manual information is provided to assist managers
and supervisors to understand the ways in which reviews can be achieved.

The process of review can be achieved by:


• internal OHS reviews
• OHS management system audit
• external OHS reviews.

Internal OHS Reviews


A planned system of review is the best way to identify how the safety management
system is performing or not performing.

Information on the state of OHS can include a broad range of statistics that should
be collated regularly, both at the organisational and project level. Not only can this
information come from reporting systems but also from first aid reports, disease and
workers compensation statistics.

To prevent a recurrence of a range of poor performance measures such as ‘near hits’


or dangerous incidents, change or immediate corrective action is necessary. Changes
may involve costs that may influence business decisions on how work is organised and
performed. Managers and supervisors should be directly involved in the implementation
of the recommendations made by review teams and processes.

SECTION 5. OHS MAINTENANCE , REVIEW AND IMPROVEMENT STRATEGIES 45


Proper implementation of review decisions is a management and supervisory
responsibility. Careful consideration, consultation and implementation of change in
OHS is a vital part of the review processes inside the organisation.

Commitment and resourcing review decisions by senior management is also important


to establish ongoing commitment to improving safety system performance.

OHS Management System Audits


The safety audit subjects the whole work system to a closer examination. The work
system includes both the work environment and the management environment. The
management environment has responsibilities that are reflected at the workplace in
specific quantifiable terms. The need to establish standards that measure variables such
as the provision of information, the adequacy of instruction and training and the levels
of co-operation and consultation are now imperative as these matters have been
factored into the legislation.

A safety audit functions in a similar way to a financial audit. Both look at the underlying
strengths and weaknesses of the system, the controls and the performance indicators.
The system is checked and evaluated to identify compliance with standards and to
highlight any hidden risks or hazards that could threaten the organisation or employees’
well being.

The objectives of safety auditing, focus on the need to evaluate the effectiveness of the
organisation’s health and safety management strategy. Often these reviews are carried
out by external auditors, competent and qualified to carry out such audits.

For example:
• to assess the operational risks, including the identification of hazards, potential
hazards and accident causation factors
• to carry out a critical review of the organisation’s administrative arrangements, to
ensure compliance with any legal requirements and to measure performance
against a set of standards.

The safety audit is designed to take account of quantitative information available


through data of injuries, incident reports, insurance claims, accident reports, first aid
records and any other documents that can provide an indication of performance. In
looking at the administrative structure, attention is drawn to the support mechanisms
that provide the foundation for hazard management and accident prevention.

46 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


These include:
• policy development
• training strategies
• planning schedules
• establishing targets and objectives
• consultation arrangements
• communications and information systems
• grievance resolution systems.

Project Level OHS Reviews


Regular reviews should be in place at this level of safety management to ensure that
project specific procedures are operating, continue to operate and where deficiencies
or breakdowns occur, that remedial action is implemented.

These reviews should be undertaken at regular, defined intervals and by persons


competent and qualified to do so. These persons should possess OHS skills and
knowledge of the corporate safety system and detailed knowledge of construction
OHS.

Reviews of documentation should also be undertaken. Such review is aimed at


checking documentation against the stated performance objectives. Corrective actions
including investigation processes must be activated promptly.

Investigation Procedures
The investigation of incidents provides an opportunity to examine many aspects of
the operation of an organisation’s occupational health and safety management system
(e.g. training provided in hazard identification, risk assessment and control strategies and
emergency contingency preparedness).

The purpose of an incident investigation is to:


• identify incident causes, so that mechanical improvements, better supervision or
employee training can prevent similar incidents
• determine the ‘change’ or ‘factors’ that produced an ‘error’ that in turn resulted
in the incident/accident
• communicate the particular causes to employees and their supervisors and to
direct attention to incident/accident prevention in general.

SECTION 5. OHS MAINTENANCE , REVIEW AND IMPROVEMENT STRATEGIES 47


Management may call upon supervisors to assist in the coordination of an incident
investigation. The following processes need to be implemented by management
following an incident/accident.

1. Secure the scene. Secure the scene safely and isolate area.

2. Formation of investigation team. The composition of an incident investigation


team depends on the incident’s seriousness or complexity. It could include
WorkCover inspectors, the employee(s) directly involved, the supervisor, safety
personnel, engineers, designers, technical specialists, employees familiar with the
process or operation and OHS committee members.

3. Investigation process. Activities include taking statements from staff, providing


recommendation(s) for corrective action, report writing and follow-up to ensure
any appropriate control measure or recommendations have been implemented.

The important issue in setting up an investigation process is to minimise the stress on


workers involved. While certain amounts of stress are often unavoidable, the stress
caused by multiple investigations of the same scene should be avoided. To achieve a
consensus approach to investigation procedures, there needs to be a planned and
agreed procedure on how accidents and incidents are to be investigated, prior to their
occurrence. Exceptions to the planned approach may occur where outside authorities
such as inspectors, police, etc. are required to carry out independent inquiries.

The investigation should always be conducted as soon as possible after the event. It will
be much easier if the team finds the situation at the scene of the incident exactly as it
was when the accident took place. Consequently, after the incident, the area should
be left undisturbed unless changes have to be made to ensure the safety of persons.

The key aim of incident investigation is to identify control measures that will prevent
a recurrence of the same incident. The focus should be on identifying system
deficiencies rather than apportioning blame.

For the incident investigation to be successful in identifying the causes, it will be


necessary to establish:
• events leading up to the accident/incident:
– the system of work being carried out
– the instructions/training given for the work
– variations from instructions or safe system of work
– workplace conditions such as lighting, floor surfaces, stair treads and handrails,
warning signs, temperature, weather if the incident occurred outside, etc.
– the exact location of the incident
– the materials, tools and machinery in use or being handled

48 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


• facts of the incident itself:
– the state of the systems and the actions that occurred at that moment
– the persons directly involved, and those involved indirectly, if any
– the tools, equipment, materials and fixtures directly concerned
– the time that the incident occurred, when the incident was reported and by
whom
– the nature of any injury.

Personnel who have knowledge of the work or conditions at the scene, whether or not
they were at the actual event, can also be interviewed. These people can contribute to
establishing causation and in suggesting future prevention measures.

Interview Techniques
There are certain proven techniques for a successful interview. The following elements
form the basic approach to ‘investigation interviewing’:

Conduct the interview in private at the workplace


The main advantage in interviewing at the scene is that it usually assists the memory
of the person being interviewed if he/she can refer or point to physical conditions at
the scene of the accident. Witnesses to serious injury may not be willing to undergo
interviews at the scene. In these cases sensitivity to the needs of the witness is very
important. Put the interviewee at ease and do not hurry things.

Always be polite and reassuring to the interviewee. Every assurance should be given
that the information obtained will be used in the prevention of future accidents.
Always explain that you will be making a record of their interview and that you require
the person’s assistance in:
• identifying all the contributing factors
• establishing what actually happened
• the sequence of events so that a complete record can be made.

Remember that witnesses may be worried. The best way to put the interviewee at ease
is to remind him/her that the purpose of the interview is to obtain factual information
and not to find blame.

Ask for the interviewee’s version of what happened


Be sure that the person being interviewed understands that it is his/her version of the
incident that is required. Be careful not to interrupt or ask leading questions such as
‘You must have seen or heard something at the time of the accident?’ As the interviewer,
try not to make judgements, as this may defeat the whole purpose of the interview by
putting the interviewee on the defensive.

SECTION 5. OHS MAINTENANCE , REVIEW AND IMPROVEMENT STRATEGIES 49


Only ask necessary questions
• Limit the questions to the facts. For example, ‘Where did the accident happen?
What actually happened?’
• Ask open-ended questions. This type of question will prompt much more
information from the interviewee.
• All questions should be objective and constructive in manner.
• Wait until all factual information has been given before asking any ‘why’ questions.
‘Why’ questions may prompt subjective answers.

Repeat the interviewee’s version of events, as you (the interviewer) understand it


This will ensure:
• correct understanding between the interviewer and the interviewee
• an opportunity for the interviewee to appreciate fully what has been said and, if
necessary provides a chance to make corrections.

Close the interview on a positive note and thank the witness


Before closing the interview, check that everything has been covered, by referring to
the lists of questions prepared or to any accident report pro-forma. The best way to
close the interview is by reaffirming the purpose of the interview. This will promote
further cooperation, should a follow-up interview be required.

An effective accident investigation requires strong employer and employee commitment


and involvement. Management must support the investigation process and act on the
results. It must make sure that the investigators are capable and have sufficient
resources for an adequate investigation. It is management’s responsibility to evaluate
the outcome of all accident investigations. If there is a workplace OHS committee, an
employee representative should be included in the investigation team.

External OHS Reviews


If the worker is unable to return to their usual duties for a continuous period of more
than seven days, a WorkCover Notification of Accident Form must be completed and
forwarded to the local WorkCover office. The form is to be completed even if the
worker is on suitable duties.

This is one mechanism that may trigger an external review by the OHS authority
WorkCover NSW.

In New South Wales, WorkCover Inspectors have a dual purpose. They help employers
and employees to understand their rights and obligations under OHS and workers
compensation legislation. They also have powers to enforce compliance with the
legislation.

50 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Inspectors visit workplaces to:
• investigate an accident and/or breach of OHS legislation
• respond to complaints from workers, OHS committee members and unions
• give advice and information to management, workers, OHS committees and
unions
• conduct random workplace inspections
• target specific hazards as part of particular risk management campaigns
• resolve workplace OHS disputes.

Inspectors have the power to:


• enter any premises they believe to be a place of work, with or without notice, at
any hour when work is usually conducted
• make searches, inspections, examinations and tests or take photographs or samples
for analysis
• dismantle or take any plant or thing believed to be used in the commission of an
offence
• obtain necessary assistance and facilities from the person or company under
inspection
• inspect and take copies of extracts of any records
• issue improvement notices, requiring employers to correct unsafe working
conditions or hazards
• issue prohibition notices, which prohibit work until a hazard is fixed
• obtain proof of compensation insurance
• issue on-the-spot fines for breaches of the OHS legislation
• collect other evidence and recommend prosecution
• request police assistance if required.

WorkCover Inspectors should consult with employers, employees, OHS committee


members, employee representatives or authorised officers of an industrial organisation
where appropriate. If requested, they must take a recognised employee representative
on any workplace inspection.

WorkCover Inspectors receive complaints by employers about other employers in


respect of unsafe conditions or practices. These complaints are also investigated.

WorkCover inspectors are located in numerous offices throughout NSW and may be
contacted through the closest WorkCover office or through WorkCover Information
Centre (13 10 50) referral.

SECTION 5. OHS MAINTENANCE , REVIEW AND IMPROVEMENT STRATEGIES 51


Improvement Notices
Improvement Notices are issued for any hazardous situation where there is no
immediate risk and in the opinion of the Inspector, a Prohibition Notice is not
justified. It must be based on a breach of the NSW OHS Act or Regulations.

An Improvement Notice must specify:


• the WorkCover Inspector’s opinion that a person is contravening or has
contravened the NSW OHS Act or Regulations, or is likely to continue or repeat
the contravention
• the reasons for their opinion
• the section of the Act or Regulations that the contravention relates to
• information about obtaining a review of the notice.

An Improvement Notice provides a specified time period within which the employer
must take corrective action to fix the hazardous situation. It can include directions on
the measures to be taken; either by use of approved industry codes of practice or
corrective actions.

If an employer does not comply with the Improvement Notice they are in breach of
the Penalty Notices Regulation (1996) as well as the section of the Act or Regulation
which has been nominated in the Improvement Notice.

Improvement Notices can be issued in many circumstances. Some examples include:


• working in an unsafe trench or excavation
• electric power tools not tagged or tested appropriately
• inadequate safety signs (e.g. Hearing Protection Area, Emergency Exit)
• lack of fall protection at heights.

Prohibition Notices
Prohibition Notices are issued when an Inspector determines that there is a serious risk,
which needs urgent attention. They are issued for any work that involves or will involve
an immediate risk to health, safety and welfare of any person.

This notice may be issued to an employer or any person that has, or may be presumed
to have, control over the activity posing the serious risk. The hazardous activity must
be stopped immediately and not recommenced until the risk is eliminated.

A Prohibition Notice remains in effect until the hazardous situation or matter has been
corrected. If an employer does not comply with the Prohibition Notice they are in
breach of the Penalty Notices Regulation (1996), as well as the section of the Act or
Regulation which was nominated in the notice.

52 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Prohibition Notices can be issued in many circumstances. Some examples include:
• use of unguarded machinery
• not disconnecting electricity (e.g. risk of electrocution through contact with live
wires)
• not providing respiratory protection, where there are hazardous substances or
inadequate oxygen
• clear evidence of an impending dangerous occurrence.

Infringement Notices (On-the-Spot Fines)


On-the-spot fines may be issued without notice although an Improvement Notice
usually accompanies them. They are issued for breaches of the legislation in order to
penalise individual infringements without prosecution. This streamlines administration
of less serious offences and minimises prosecution delays.

On-the-spot fines may be paid as stipulated within twenty-one days, or the matter may
be dealt with in court. This process is similar to that of electing to go to court over a
traffic offence.

The amount of the fine depends on the penalty points specified under the NSW OHS
Act. On-the-spot fines range from $55 for an employee to $550 for an employer or a
person in control.

On-the-spot fines can be issued in many circumstances. Some examples include


circumstances where instructions are issued to the employer for their employees to:
• wear hearing protection
• use overhead protection
• use electrical tools safely.

Prosecutions
When there is a failure to comply with Improvement or Prohibition Notices or where
there is a flagrant and deliberate breach of the OHS responsibilities, prosecution may
be necessary. The prosecution process involves the collection of evidence to form the
basis of a court case against the person or company allegedly breaching the Act or
Regulations.

A successful prosecution under the NSW OHS Act and Regulations amounts to a
criminal offence, which can result in monetary penalties and/or prison sentences
imposed by a court. Individual OHS prosecutions of supervisors, managers, directors,
etc. can result in up to two years gaol. Fines are paid into the State Government’s
consolidated revenue, although there is often a moiety to WorkCover. This means that
a portion of the fine money is allocated to WorkCover to assist with general preventive

SECTION 5. OHS MAINTENANCE , REVIEW AND IMPROVEMENT STRATEGIES 53


and enforcement actions. If a person is convicted of an offence under the NSW OHS
Act or Regulations, they can also be ordered to pay costs relating to the prosecution.

In addition to the penalty, the court can order that steps be taken to correct the cause
of the offence. An order such as this would provide a specified period in which to
comply. Failure to comply without reasonable excuse would result in an additional
penalty.

Prosecution under the NSW OHS Act and Regulations can be instituted only with the
written consent of the Minister or their prescribed officer, by a WorkCover Inspector
or by the Secretary of an industrial organisation. The industrial organisation needs to
be registered under the Industrial Relations Act (1996) and be involved in the matter
to which proceedings relate.

Usually a prosecution must be commenced within two years of the alleged offence.
However, there are some exceptions to this:
• designers, manufacturers and suppliers of plant and substances under Section 18
of the NSW OHS Act may have proceedings instituted against them within six
months of WorkCover first becoming aware of the alleged offence
• proceedings regarding notification of accidents under Section 27 of the NSW
OHS Act also have a time frame of six months of WorkCover first becoming aware
of the alleged offence
• if a coroner’s inquest or inquiry finds an offence under the NSW OHS Act and
Regulations, the prosecution can commence two years from the date of the report
or conclusion of the inquest or inquiry.

A magistrate may deal with proceedings in the Local Court or by the Industrial Court.
This is largely determined by the nature of the offence and expected maximum
penalties. The maximum penalties that can be imposed by the Local Court are up to
500 penalty units or two years gaol or both. A penalty unit has the monetary value of
$110.

The Industrial Court may impose penalties up to the maximum specified in the
legislation. This is usually 5000 penalty units, but additional penalties can be imposed
for second offences. Decisions made by the Local Court can be appealed in the
Industrial Court subject to provisions of the Industrial Relations Act (1996).

54 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Case Studies

Building Maintenance Contractor Fined $80,000 (February 1997)


The largest ever fine for a first offence after an employee was electrocuted and killed
in 1994 while carrying out work in a substation redevelopment project. The project
manager at the site was fined a further $2,500 for failing to take reasonable care for the
health and safety of persons at the substation. The court found that the organisation
failed to advise employees of the energised status of the equipment inside the
substation.

Large Construction company fined $175,000 (April 1996)


A large construction company was fined $175,000 over the death of two workers in
1991 and 1992. A full bench of the Court delivered the unanimous judgement – the
largest ever fine in Australia for a breach of occupational health and safety regulations.
The company was prosecuted following two deaths and the near death of an employee
over a 16-month period. The company was fined $75,000 after the Court found it had
failed to ensure the health, safety and welfare of the employees. WorkCover appealed
against the leniency of the fine, which was eventually increased to $175,000.

SECTION 5. OHS MAINTENANCE , REVIEW AND IMPROVEMENT STRATEGIES 55


Intentionally Left Blank

56 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Section 6
Workplace Injury Management
in New South Wales

Who needs a workers compensation insurance policy?


Anyone who:
(i) employs workers, and
(ii) in some cases, engages contractors
must maintain a workers compensation insurance policy. Penalties apply for failing
to have a policy in place.

All employers are legally required to pay workers compensation to workers who are
injured in the course of their work. Employers are required by law to hold a workers
compensation insurance policy from a licensed WorkCover insurer to cover their
liability.

Who is a ‘worker’ for workers compensation insurance purposes?


The Workplace Injury Management and Workers Compensation Act 1998 defines a
‘worker’ to be:
Any person who works under a contract of service or apprenticeship with an
employer, whether by way of manual labour, clerical work or otherwise, and
whether the contract is expressed or implied, or is oral or in writing. In
addition, the Act deems certain other persons to be workers for workers
compensation purposes, e.g. some types of contractors.

For assistance to clarify your obligation contact your insurer or WorkCover Information
Centre on 13 10 50. WorkCover also has available a guideline on insurance for
contractors called Interim Guidelines for Workers Compensation for Contractors and
Sub-contractors.

Injury Management Resources and Procedures


Attention should be paid to managing resources, such as first aid and other qualified
medical personnel and medical equipment.

SECTION 6. WORKPLACE INJURY MANAGEMENT IN NEW SOUTH WALES 57


A register of injuries and first aid treatment must be kept at each place of work. This
register records:
• the name, age, address and occupation of the injured worker
• the industry in which the person was working
• the operation in which the person was engaged at the time of the injury
• the date and time that the injury occurred
• a brief description of the type, cause and location of the injury and the treatment
given
• the name of the first aid person in attendance
• any referrals for further treatment if required.

Accident notification legislation states that all accident report forms must be sent to
WorkCover for serious work-related injuries, illnesses or dangerous occurrences.
Prosecution and fines may be imposed on employers for non-compliance.

Dangerous occurrences may include:


• damage to or failure of equipment
• damage to or failure of load-bearing platform beams or members
• damage to or failure of control devices of cranes, hoists, conveyors or scaffolding
• an uncontrolled explosion, fire or escape of gas, or dangerous chemical spills
• damage to or failure of compressed air equipment or welding equipment.

Workplace Injury Management


and Workers Compensation Legislation
Workers compensation legislation in New South Wales aims to protect workers
against financial loss and the associated worry resulting from injuries at work.

Managers and those persons in a supervisory position need to be prepared to handle


the legal and human relations issues that arise following a workplace injury or illness.

NSW employees are covered by the Workers Compensation Act 1987 and the Workplace
Injury Management and Workers Compensation Act 1998. The later Act re-emphasises
the need for work injuries to be managed at the workplace with the objective of
ensuring that an injured worker receives early and effective treatment. Returning the
worker to maximum productivity is the shared responsibility of the treating doctor and
the employer, while the insurer has the responsibility of overseeing the development
of injury management plans for all significant injuries.

58 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


The term Injury Management is meant to encompass all the activities associated with
ensuring an early, safe and durable return to work of a worker following a workplace
injury.

The Injury Management Program will identify and draw together all aspects of injury
management – treatment, rehabilitation, retraining, claims management and employment
management practices – that will ensure the safe and early return to work of workers.
This will be the blueprint that insurers will develop and employers will adopt so that
procedures are agreed and in place prior to an injury occurring.

When an injury occurs, an injury management plan will be put together for the injured
worker. This plan will concentrate on the treatment, rehabilitation and retraining
needs of the injured worker. The responsibility for ensuring that the plan is developed
lies with the insurer.

Employers’ Responsibilities
Employers must:
• have a current workers compensation policy for their workplace
• comply with the current relevant rehabilitation guidelines for employers
• provide suitable duties wherever practicable if the worker cannot do their normal
job
• talk with the worker’s treating doctor and insurer about the injury management
plan and proposed return to work
• designate a rehabilitation coordinator if their tariff premium is more than $50,000
• not dismiss an injured worker because of injury within six months.

To ensure they are meeting their legal obligations, an employer should:


• contact their insurer about the injury management program
• review their current return to work (rehabilitation) program to ensure consistency
with the insurer’s program
• ensure all policies and procedures are up to date
• inform workers of any changes.

Employee Rights and Responsibilities


An injured worker has the right to:
• choose their own treating doctor
• choose their own accredited rehabilitation provider
• be actively involved in their return to work plan.

SECTION 6. WORKPLACE INJURY MANAGEMENT IN NEW SOUTH WALES 59


A worker must:
• take reasonable care at work
• nominate a treating doctor
• co-operate in their return to work program
• provide accurate information about their claim
• attend medical and rehabilitation assessments
• make all reasonable efforts to return to work with their pre-injury employer as
soon as possible.

Insurers Responsibilities
The insurer has responsibility:
• for accepting or denying liability for a claim
• for establishing and maintaining an injury management program and lodging it
with WorkCover NSW
• to advise employers on the need for an Injury Management Program and ensure
that employers are aware of the requirements of this Program
• when an injury occurs, to contact the worker, treating doctor and employer within
three days of the notification, if the worker is likely to be off work for 7 days or
more
• to ensure that an injury management plan is developed for the injured worker.

Nominated Treating Doctor


The worker will nominate and the doctor will agree to be the nominated treating
doctor. The nominated treating doctor will coordinate all aspects of the worker’s
treatment and return to work management.

Nominated treating doctors are to:


• provide appropriate medical certification of incapacity
• participate in the Injury Management Plan
• provide medical reports relating to the worker’s fitness for work
• provide and arrange appropriate treatment
• recommend suitable duties that the injured worker is capable of performing
• be available to discuss the worker’s injury management with the employer, insurer
and other service providers.

60 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Injury Management Consultants
Injury Management Consultants are approved by the Workers Compensation Advisory
Council to assist insurers, employers and treating doctors when there is disagreement
over the appropriateness of suitable duties that are offered by an employer. The criteria
for appointment as an Injury Management Consultant includes experience in injury
management and attendance at a specific WorkCover mediation course.

Approved Medical Specialists


These doctors will be appointed by the Workers Compensation Advisory Council to
be the final arbiter, subject to agreement of the parties concerned, of disputes over
assessments of incapacity and employability. It is expected that intervention by these
specialists will reduce the need for medical panels in disputed claims.

Although medical advice is an integral part of workplace injury management things do


not always run smoothly when attempting to involve the treating doctor in the return
to work process.

Claims Procedures
To make a claim a worker must:
• tell the employer as soon as possible
• visit a doctor and obtain a WorkCover medical certificate
• fill in a workers compensation claim form supplied by the employer
• attach the medical certificate and any receipts related to their injury to the claim
form and forward it to the employer.

The employer must notify the insurer within 48 hours of learning that an employee
has suffered a significant injury. A significant injury is one that results in an employee
having 7 or more days off work.

The employer must notify the insurer of all other injuries within 7 days.

The employer must send the worker’s claim for workers compensation to the insurer
within 7 days of receiving it from the injured worker.

Within 3 working days of being notified of a significant injury, the insurer must initiate
action under the injury management program and contact the worker, employer and
if appropriate, the worker’s treating doctor with a view to creating and implementing
an injury management plan.

The insurer has 21 days from the day the employee makes the claim to accept or deny
liability for the claim.

SECTION 6. WORKPLACE INJURY MANAGEMENT IN NEW SOUTH WALES 61


Compensation for Injury and Illness
Workers compensation insurance covers all work related injuries or illnesses. This is
irrespective of whether the employee is full-time, part-time or casual employee.

Workers compensation insurance also covers injury and illness that occurs to workers
outside of the workplace while carrying out their normal duties. For example, where
workers make deliveries, install or erect plant or equipment or make sales or service calls
to another workplace, the legislation makes provision to cover workers in event of
accidents resulting in injury or personal property damage.

In NSW, the workers compensation system is a no-fault system. This means that
workers are entitled to claim workers compensation payments for any injury or illness
resulting form carrying out their duties, no matter what caused it.

Entitlements
Provided an injury or illness is defined as work-related, your employee is entitled to:
• medical expenses including visits to the doctor and any other related expenses for
x-rays, blood tests and pharmaceuticals
• hospital expenses including the costs of staying in hospital, costs of surgery and all
tests conducted by the hospital such as x-rays and blood tests
• weekly benefits at rates determined by legislation
• compensation for damage to personal items
• permanent incapacity – there may be an entitlement to a lump sum benefit for loss
of, or loss of use of parts of the body
• benefits for ongoing pain and suffering from an injury or illness
• death benefit
• any rehabilitation that may be reasonably required.

Benefits
If a worker’s claim is accepted by the insurer, the worker may be able to claim weekly
benefits as follows:
• if a worker is unfit for work they may receive their award wage for 26 weeks and
then the fixed rate until they are fit for some work
• if the worker is back at work on suitable duties and not earning their pre-injury
wage, the insurer will provide make-up pay
• if the worker is not at work but is fit for suitable duties the worker will receive
weekly benefits for up to 52 weeks, after which the insurer will assess what they
can earn and pay the worker the difference between that and their pre-injury wage.

62 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Note
While off work, a worker cannot receive their award wage for longer than 26 weeks.

Return to Work (Rehabilitation) Programs


Return to work programs are developed by the employer and are a vital part of the
Injury Management Program. A return to work program is basically a means of
ensuring that people in your workplace know what to expect in the event of an
occupational injury/illness.

Category 1 employers (employers whose base premium is greater than $50,000) must
have a written workplace return to work program, must display the program at places
of work and must appoint a trained rehabilitation coordinator.

Category 2 employers (employers whose base premium is $50,000 or less) must have
a written return to work program (may use WorkCover’s standard programs), either
display the program or make it available to workers who ask for it and to workers who
are injured.

A Return to Work Program consists of two major components: a policy and procedures.

Return to Work Policy


A policy is a statement, by the employer, of intent. It is a general guideline for decision
making. It is a means of setting directions and creating the boundaries within which
decisions can be made. It forms the basis of the employer’s approach to injury
management. There are 6 commitments that a return to work policy must address:
1. the prevention of occupational injury and illness
2. the early commencement of occupational rehabilitation
3. ensuring that return to work as soon as possible is a normal expectation
4. provision of suitable duties/employment where practicable, for an injured worker
as an integral part of the rehabilitation process
5. consultation with workers and, where applicable, any industrial union of employees
representing those workers
6. participation in a return to work program will not, of itself, prejudice an injured
worker.

Return to Work Procedures


Procedures provide the means to implement your policy. They are essentially a detailed
set of instructions to be followed once an injury has occurred at a workplace.

SECTION 6. WORKPLACE INJURY MANAGEMENT IN NEW SOUTH WALES 63


There are 6 procedures to address in your Return to Work Program:
1. identification of a Rehabilitation Coordinator and their role
2. identification of agreed accredited rehabilitation provider(s)
3. methods for developing individual rehabilitation procedures and case management
for individual workers
4. arrangements for provision of suitable duties/employment
5. mechanisms for consulting workers
6. mechanisms for resolving disputes.

Rehabilitation Providers
Rehabilitation providers:
• may comprise a multidisciplinary team of health professionals, including
physiotherapists, occupational therapists, counsellors and doctors
• provide specialised assistance to employers assisting injured workers to return to
work
• are accredited by WorkCover NSW.

When to Use a Rehabilitation Provider


Consider using the services of an accredited provider when:
• a worker is off work for 3 to 4 weeks or more
• there is difficulty in identifying suitable duties
• there is a need to provide some education to the worker about safe work methods
• a worker is permanently unable to return to pre-injury duties
• management considers it needs expert assistance.

How to Choose a Provider


Obtain a list of currently accredited rehabilitation providers from WorkCover NSW
and select a couple close to your workplace. Contact the managers and explain the
nature of the business and the range of injuries experienced by workers in the company.

Try to establish whether the provider has expertise with particular injury groups, is
familiar with industrial relations issues and whether they offer additional services that
may be of value to the company.

64 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Managing a Rehabilitation Provider
1. Be clear about what you want from the provider.
2. Manage their input as you would manage other consultants.
3. Give them sufficient information about the workplace and the work.
4. Remember that workplace injury management works because it preserves the
relationship between employer and employee.

Principles of an Effective Return to Work Program


There are some basic principles on which a return to work program depends. These
include:
• early intervention – the faster rehabilitation action is taken, the faster the health
effects will be satisfactorily resolved
• participation of the injured worker – rehabilitation empowers the injured person,
handing them some control over what is happening
• suitable work – the cornerstone of the program – without suitable duties, early
return to work is impossible
• rehabilitation provider involvement – in cases of serious injury, provides a full
range of services to speed recovery.

SECTION 6. WORKPLACE INJURY MANAGEMENT IN NEW SOUTH WALES 65


Intentionally Left Blank

66 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


References and Recommended Publications

Legislation
Occupational Health and Safety Act 1983

Guidance: Codes of Practice


Amenities for construction work
Asbestos
Concrete pumps
Cutting and drilling concrete
Electrical practices for construction work
Facade retention
Hazardous substances
Induction training for construction work
Labelling of workplace substances
Manual handling
Mono-strand post-tensioning of concrete buildings
Noise
Overhead protective structures
Pumping concrete
Safety line systems
Tunnels under construction
Work on roofs, Part 1: Commercial and industrial buildings
Work on roofs, Part 2: Residential buildings

Government Procurement Policy


Occupational health safety and rehabilitation (OHS&R) management systems
guidelines (Construction Policy Steering Committee, Public Works Department)

Other Publications
Organising health and safety training for your workplace (NOHSC)
Construction Contractors Safety Pack (‘S Pack’) (Principal Contractors Safety Alliance)
Hazard identification and risk assessment manual for small builders (MBA)
Due diligence at work: a checklist for action on workplace health and safety for company
directors and managers (WorkCover NSW)

OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY 67


WorkCover NSW Offices
Shop 2A, 463 Kiewa Street 1st Floor, 55 Maitland Street
ALBURY NSW 2640 NARRABRI NSW 2390
Phone: 02 6021 5911 Fax: 02 6041 2580 Phone: 02 6792 4643 Fax: 02 6792 3532

Shop 6, Fenning Place, 12 Orient Street 956 Hunter Street


BATEMAN’S BAY NSW 2536 NEWCASTLE NSW 2302
02 4472 5544 Fax: 02 4472 5060 Phone: 02 4921 2900 Fax: 02 4921 2929

Ground Floor, 125 Main Street Ground Floor, 74 McNamarra Street


BLACKTOWN NSW 2148 ORANGE NSW 2800
Phone: 02 9671 8700/8071 Fax: 02 9831 8246 Phone: 02 6361 7070 Fax: 02 6362 8820

Ground Floor, 3/157 Brisbane Street Ground Floor, 128 Marsden Street
DUBBO NSW 2830 PARRAMATTA NSW 2150
Phone: 02 6884 2799 Fax: 02 6884 2808 Phone: 02 9841 8550 Fax: 02 9841 8599

Unit 3, 13 Anzac Road Shops 1 & 2 Raine & Horne Centre


TUGGERAH NSW 2259 145 Horton Street
Phone: 02 4353 1711 Fax: 02 4353 2373 PORT MACQUARIE NSW 2444
Phone: 02 6584 1188 Fax: 02 6584 1788
Ground Floor, 213–215 Auburn Street
GOULBURN NSW 2580 134–134A Lamerton House
Phone: 02 4822 1243 Fax: 02 4822 1242 Shellharbour Square
SHELLHARBOUR NSW 2529
First Floor, 49–51 Victoria Street Phone: 02 4297 3796 Fax: 02 4296 8914
GRAFTON NSW 2460
Phone: 02 6642 0511 Fax: 02 6642 0638 Level 2, 447 Kent Street
SYDNEY NSW 2000
Ground Floor, 104–110 Banna Avenue Phone: 02 9370 5027 Fax: 02 9370 6103
GRIFFITH NSW 2680
Phone: 02 6964 2027 Fax: 02 9585 0261 Shop 20 Tamworth Arcade, 341 Peel Street
TAMWORTH NSW 2340
Level 4, 4–9 Woodville Street Phone: 02 6766 2490 Fax: 02 6766 4972
HURSTVILLE NSW 2220
Phone: 02 9598 3366 Fax: 02 9585 0261 Shop 2, 33 The Boulevarde
TORONTO NSW 2283
Ground Floor, 345 Pacific Highway Phone: 02 4959 6366 Fax: 02 4950 5587
LINDFIELD NSW 2070
Phone: 02 9936 3000 Fax: 02 9936 3030 Suite 5, Level 1, 1 Sands Street
TWEED HEADS NSW 2485
Suite 4, Level 4, 29 Molesworth Street Phone: 07 5536 3262 Fax: 07 5536 4389
LISMORE NSW 2480
Phone: 02 6622 0088 Fax: 02 6622 0090 Ground Floor, 71A Baylis Street
WAGGA WAGGA NSW 2650
Suite 4, Ground Floor, 157–161 George Street Phone: 02 6921 8766 Fax: 02 6921 7548
LIVERPOOL NSW 2170
Phone: 02 9827 8600 Fax: 02 9827 8690 Ground Floor, 106 Market Street
WOLLONGONG NSW 2500
Phone: 02 4222 7333 Fax: 02 4226 9087

68 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Appendix A
Construction Industry Statistics

Analysis of Claims in the Construction Industry (Fatalities Since 1987)


As at June 1998 there have been 154 deaths in the NSW Construction Industry.

Mechanism Number Percentage

Fall from height 41 30%

Contact with electricity 32 21%

Hit by moving object 29 19%

Hit by falling object 23 15%

Trapped by stationary and moving object 8 0.05%

Vehicle accident 8 0.05%

Collapse of objects 8 0.05%

Other and multiple causes 2 0.01%

Unknown 1

Slides and cave-ins 1

Accident not classified 1

OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY 69


Intentionally Left Blank

70 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Appendix B
Hazard Identification and Risk Assessment

Procedure
Occupational Health and Safety legislation requires anyone in control of the workplace
to identify the potential hazards of the proposed work, assess the risks involved and
develop controls to eliminate or minimise the risk.

Identify Hazards
To help find all potential hazards the job will be broken down into activities which
follow the sequence of construction. These activities are provided in a Work Method
Statement (WMS), which is a list of job procedures and other work related practices
provided to the Principal Contractor. The WMS details how the Scope of Work will
be carried out.

For each of the work activities and associated job steps identified in the Work Method
Statement provided, ………………………………… will identify potential hazards.
(insert company name)

To assist this process resources such as the following will be used:


• WorkCover and trade based Codes of Practice and other publications, e.g. safety
alerts
• Hazard Profiles for specific trade groups
• workplace experience
• consultation (e.g. tool box talks) with workers experienced in the task to be
undertaken.

Assess Risks
For each potential workplace hazard identified a Risk Class will be determined by
referring to the categories below. The Risk Management chart (see example, page 73)
will be used to determine the requirement for management of the risks identified.

Class 1 Does the hazard have the potential to kill, or permanently disable
High Risk you?
Class 2 Does the hazard have the potential to cause a serious injury, or
Medium Risk illness, which will temporarily disable you?
Class 3 Does the hazard have the potential to cause a minor injury which
Low Risk would not disable you?

OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY 71


Selection and Use
• Where identified, all Class 1 and 2 risks will be recorded on a detailed Job Safety
Analysis (JSA) record. Class 3 risks will be minimised as far as possible but will not
be recorded on a JSA.
• A Risk Class will be used to determine the level of controls required to eliminate
or minimize a potential hazard.
• The higher the Risk Class the more extensive the controls to be provided.

72 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Risk Management
Company Name:
Project: EXAMPLE ONLY
Date:
Job Safety Analysis
Potential Hazards Identified Activity Risk is required for any
Major Work Activity JSA No. & Date Produced
for the Activity Score activity that is a
Class 1 or 2 Risk
Example Falls from the edge of the roof. Class 1 risk Yes: [ x ] 1. Generic (not specific to any site)
Installation of metal roofing on JSA required for the major work
portal frame 3 storey high Falls through the roof framing, Class 1 risk No: [ ] activity at tender for evaluation
factory. service penetrations or other purposes.
openings.
2. Site specific JSA provided for the
major work activity before work
commences.

Yes: [ ]

No: [ ]

OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Yes: [ ]

No: [ ]

73
Job Safety Analysis

Procedure
Job Safety Analysis (JSA) is the process of identifying potential hazards, assessing their
risk and recording how to eliminate or minimise the risk to worker safety (controls).
Where potential hazards are identified as Class 1 or Class 2 risks, Job Safety Analysis
will be completed using the step by step guide on the next page.

A generic (not specific to any site) Job Safety Analysis will be submitted at tender.
Broadly defined job steps will be used and general hazards identified. The JSA will
demonstrate ………………………… understanding of the risks (particularly Class
(insert company name)

1 & 2 risks) involved in the work and typical controls used. This JSA will be provided
for the purpose of tender evaluation.

Prior to commencement of work on site the generic Job Safety Analysis submitted at
tender will be reviewed. Where job steps or site conditions will change from those
planned, the JSA will be updated to reflect the way the job will actually be done on the
specific site and how safety will be controlled – a site specific JSA.

The JSA forms (a) and (b) (see pages 77 and 78) provide a record to demonstrate
compliance with Occupational Health and Safety legislation. The person responsible
for implementing a particular action to eliminate or minimise the risk of the potential
hazard on site is nominated on the JSA. This will ensure that responsibility for risk
control is allocated and can be followed up.

Evaluation of the JSA


Job Safety Analysis will be evaluated by how well Class 1 and Class 2 hazards have been
identified for the work activity to be undertaken and whether the suggested controls
eliminate the potential hazard (where possible), or minimise the risk of injury.

74 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Controls should be as high as practical in the “Best to Worst” guide shown below.

1. Elimination
BEST
• e.g. remove risk of asphyxiation in a basement by using electric
CONTROL concrete vibrator rather than a petrol driven type

2. Separate people from the hazard


• e.g. guards on power tools
• e.g. use effective barriers and edge protection
• e.g. enclose noisy machinery

3. Use an engineered control


• e.g. use earth leakage device (safety switch) on electrical
power source
• e.g. use a machine to lift heavy objects
• e.g. use scaffolding rather than ladders to reduce risk of falls

4. Change work practices


• e.g. training in lifting techniques
• e.g. tagging procedures
WORST
5. Provide personal protection (PPE)
CONTROL
• e.g. hearing protection, eye protection, etc.
Note: PPE should be the last barrier to protect people when all else fails.

Job Safety Analysis Step by Step


Does the JSA provide the following information?
1. The name of the company?
2. A description of the work activity or task to be undertaken?
3. The date the JSA was developed?
4. The name and signature of the person who developed the JSA?
5. The project name/number and the name of the Principal Contractor?
6. The job steps involved in doing the work?
7. Potential hazards associated with the work and its job steps which are Class 1 and
Class 2 risks?
8. The controls that will be put in place to eliminate or minimise the potential
hazards identified?
9. Controls as high as practicable on the “Best to Worst” control guide?
10. The name of the person(s) responsible for ensuring that the control(s) is in place?

OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY 75


Selection and Use
• Job Safety Analysis will be completed and signed by an appropriately qualified
person(s) representing ………………………… who is competent in the work
(insert company name)
activity to be undertaken.
• Job Safety Analysis will be reviewed and signed by the appropriate Principal
Contractor representative on the project.
• Employees will review the JSA and sign that they understand and are willing to
implement the controls required to carry out the work safely.
• Work will not proceed until the above three criteria are achieved.

76 OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Job Safety Analysis (a)
Company Name: Project Name/No:
Work Activity/Task: Principal Contractor:
Date:
Prepared by: Note: Sign off to be provided at Tool Box talk.
Signature:
Job Step Controls Person Who Will Ensure
Potential Hazard
Item Break the job down What are you going to do to make
What can harm you? This Happens
into steps. the job as safe as possible?

OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY


Reviewed By: _______________________________ ___________________________ ___________________________ _________________
Principal Contractor Representative Position Signature Date

77
78
Job Safety Analysis (b)
Job Step Controls Person Who Will Ensure
Potential Hazard
Item Break the job down What are you going to do to make
What can harm you? This Happens
into steps. the job as safe as possible?

Reviewed By: _______________________________ ___________________________ ___________________________ _________________


Principal Contractor Representative Position Signature Date

OHS INFORMATION MANUAL FOR SUPERVISORS IN THE NSW CONSTRUCTION INDUSTRY

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