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N E W S O U T H WA LE S
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
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.
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.
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.
The manual should be of ‘day to day’ use in managing OHS at the ‘middle’ or ‘front
line’ manager level.
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.
INTRODUCTION 3
Intentionally Left Blank
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.
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.
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.
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.
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.
The CPSC will maintain a central registry of service providers whose Corporate
OHS&R Management Systems are accredited by the NSW government construction
agencies.
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.
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.
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.
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.
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.
There are many advantages to a systematic approach to training. These include the
following:
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.
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.
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.
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.
For further information refer to the Code of Practice: OHS Induction Training for
Construction Work.
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.
Employers should decide what aspects of safety management their supervisors will
control and then provide the necessary training for these supervisors.
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.
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.
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.
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 1 2 3
kill or cause
permanent disability
or ill health
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.
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.
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.
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.
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.
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
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.
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).
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.
Reference to international construction safety can be located with the respective national
agencies. This information is particularly accessible with the use of the internet.
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.
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 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.
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.
1. Elimination
BEST
• e.g. remove risk of asphyxiation in a basement by using electric
CONTROL concrete vibrator rather than a petrol driven type
Controls should be as high as practical in the “Best to Worst” guide shown above.
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.
A safe system of work and appropriate control measures must be provided wherever
persons are exposed to a risk of falling during excavation work.
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.
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
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
1. Secure the scene. Secure the scene safely and isolate area.
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.
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’:
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.
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.
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.
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.
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.
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.
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
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Legislation
Occupational Health and Safety Act 1983
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)
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
Unknown 1
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)
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?
Yes: [ ]
No: [ ]
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.
1. Elimination
BEST
• e.g. remove risk of asphyxiation in a basement by using electric
CONTROL concrete vibrator rather than a petrol driven type
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?