Key Milestones

1

Streamlining Victorias OHS Regulations
OHS Regulations 2007 8 August 2007
2
Outline

• Background
• Public Comment
• Key Issues
• New information guidance
• Questions

3
Background

• Guiding principles in making the regulations
• Consolidation one document, removal of
  duplication
• Existing regulations used as minimum scope -
  translation
• Consideration given to existing National
  Standards (unless lower safety standard)
• Consideration given to Victorian Government and
  WorkSafe commitments
• Red tape reduction
• Streamlining licensing and registration

4
Background

• Our approach, benefits
• Improve safety
• Cut red tape
• Align with national standards where appropriate

Message to duty holders If you comply now, you
are well placed to comply in future
5
Public Comment

• 11 public comment presentations 443 attendees
• 4 additional speaking requests 200 attendees
• 4,811 copies of OHS Regulations 2,569 copies of
  EPS Regulations provided
• 12,804 public comment web page impressions
• WorkSafe received 1280 submissions
• All requests for change reviewed by joint VWA/DTF
  committee
• Stakeholder positions on key issues presented to
  VWA Board and Government

6
Key Themes in PC Submissions

• Risk control triggers
• Construction (scope, OHS Coordination Plans,
  SWMSs, CI Card)
• Consultation
• Asbestos part
• Assessment of noise levels
• Removal of risk assessment from most chapters
• Regulating for work places (ie workplace
  facilities, first aid etc)
• Inconsistent provisions across the Regulations
• Licensing provisions

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What is in the OHS Regulation?

• Chapter 1 Preliminary
• Chapter 2 General Duties and Issue Resolution
• Chapter 3 Physical Hazards
• Manual Handling, Noise, Prevention of Falls,
  Confined Spaces, Plant,
• High Risk Work
• Chapter 4 Hazardous Substances and Materials
• Hazardous Substances, Carcinogenic Substances,
  Asbestos, Lead
• Chapter 5 Hazardous Industries
• Construction, Major Hazard Facilities, Mines
• Chapter 6 Licensing and Registration
• Chapter 7 Administrative Matters and Exemptions
• Chapter 8 Saving and Transitional Provisions
• Chapter 9 Consequential Amendments
• Schedules

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Risk identification and control

• Focus on identifying and controlling risks
• Risk assessment a valuable and important tool but
  
• for many risks the control is obvious
• only mandatory for high risk industries
  construction, mines major hazard facilities
• Reduces red tape and compliance costs without
  reducing safety
• Focus on controls supported by more practical,
  solution focussed guidance

9
Consistency in review of risk control
provisions

• Inserting a notifiable incident under Part 5 of
  the OHS Act 2004 into most provisions as a
  trigger for the review of risk controls
  except the provisions in the Hazardous Industries
  Chapter
• Wording of all review of risk control
  provisions as consistent as possible
• Inserting a review of risk control provision
  into Division 8 (Activities involving asbestos)
  of the Asbestos Part

10
Construction

• National standard for construction declared in
  2005
• Construction part of regulation brings issues
  into line with national standard including
• Health safety coordination plans (1 July 08)
• OHS induction training (1 July 08)
• Safe work method statements (1 July 08)
• Commencement supported by new practical guidance
  and information sessions

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Construction

• Will apply to the domestic sector
• Commences 1 July 2008
• Clarifies and tightens definition of
  construction work to ensure it does not
  inadvertently capture
• the assembly or manufacture of fixed plant
• the prefabrication of elements as standard stock
  for sale
• routine or minor testing, maintenance or repair
  work of things other than a building or structure
• mining activities

12
Health Safety Coordination Plans

• Obligation for principal contractor to complete a
  plan triggered when value of construction work is
  250,000 or more
• Key Elements
• Names, positions and responsibilities of those
  with specific responsibilities for OHS
• Arrangements for coordination of OHS of persons
  engaged to do the work
• Arrangements for managing OHS incidents when they
  occur
• Any site safety rules, including arrangements for
  ensuring all persons at the work places are
  informed of them

13
Construction Induction training

• Employers to ensure accredited OHS induction
  training course completed before carrying out or
  supervising construction work
• Course content consistent with national standard
• Card issued by WorkSafe following training by
  Registered Training Organisation
• Card recognised nationally
• Existing cards (red cards) will continue to be
  recognised
• Period of 28 days within which people can work
  under direct supervision before completing
  construction induction training

14
Safe Work Method Statements

• Similar to current Job Safety Analysis
• To be completed by employer for high risk
  construction work (eg work on trenches, tilt-up
  or precast panels and demolition)
• Can be as short or complex as necessary to
  effectively analyse and implement risk controls
• Key elements are
• Identifies work that his high risk construction
  work
• States the hazards risks to health or safety of
  that work
• Sufficiently describes measures to control those
  risks
• Describes the manner in which the risk control
  measures are to be implemented

15
Licensing of high risk work

• New licence requirements from 1 July 2007
• Current certificates of competency will change
  to Licence for High Risk Work (phased in from
  31 Jan 2008 to 30 June 2012)
• New licences to have photo ID (via Australia
  Post) and be renewed every five years
• Training and assessment of operators through
  Registered Training Organisations (by 30 June
  2009)
• We will tell you how to renew existing
  certificates (tickets)

16
Licensing of high risk work

• New licence requirements from 1 July 2007
• Current certificates of competency will change
  to Licence for High Risk Work (phased in from
  31 Jan 2008 to 30 June 2012)
• New licences to have photo ID (via Australia
  Post) and be renewed every five years
• Training and assessment of operators through
  Registered Training Organisations (by 30 June
  2009)
• We will tell you how to renew existing
  certificates (tickets)

17
Involving HSRs in consultation

• Employer must involve HSR (where there is one)
  by
• providing all information to HSR which will be
  provided to employees
• Unless not reasonably practicable, providing the
  information to HSR a reasonable time before
  employees
• inviting HSR to meet to consult (and meet if
  invitation accepted, or if a meeting requested by
  HSR)
• giving HSR opportunity to express views
• taking HSRs views into account

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Other Issues

• Asbestos
• Maintaining status quo
• Retaining Dangerous Goods Order as a separate
  instrument
• Removes all references to matters covered by
  Dangerous Goods Order which deals with
  asbestos-contaminated dust
• Plant
• Increases timeframe for plant registration
  renewals from 3 years to 5 years (consistent with
  timeframes for other licence renewals)
• Noise
• Includes a power for WorkSafe to exempt a person
  or class of persons from complying with any
  provision of the Noise part

19
Other changes

• Improved navigation by including more notes and
  amending cross-referencing
• Inserted a comprehensive index
• Clarified definitions
• Improved consistency of language among similar
  provisions

20
New, more practical guidance and information
Your Health and Safety Guides
Health and Safety Solutions
Workplace handbooks
Guidance and information
Compliance codes
Regulations
WorkSafe positions
OHS Act
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Your health and safety guides

• Simple information for people who need basic
  health and safety knowledge
• 19 topics, more coming
• Choose the ones relevant to you

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Health and safety solutions

• Short, practical advice about how to comply
• Simple diagrams and examples
• Samples on our website now
• Expect many more on our website in the near
  future

23
Workplace handbooks

• Workplace handbooks
• Practical, comprehensive
• More on the way

24
Compliance codes

• Practical, comprehensive
• Long or short as needed
• Initial codes will be drawn from Codes of Practice

25
WorkSafe positions

• Our interpretation of the law
• Eg How WorkSafe applies the law in relation to
  identifying and understanding hazards and risks

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Communicating the Regulations/new information

• Single regulation replaces current 13 regulations
• Easier to understand improved safety for
  Victorian workplaces
• New regulation cuts red tape helps employers
  save time and money and get on with the job
  safely
• WorkSafe will be practical, constructive and
  educative in supporting the Regulations
• If you comply now you are well placed to comply
  in the future

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Where to go for more information

• Call WorkSafe Advisory line
• 1800 136 089
• Visit our website - www.worksafe.vic.gov.au

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Major Hazard Facilities

• Alignment with NS by inserting reference to
  prevention of unauthd access in the schedule of
  matters for safety case
• Provision made to enable operator to advise WSV
  of variation to safety case outline.
• Operator is allowed to appeal WSVs decision to
  make determination that a facility is a MHF
• WSV able to determine expiry date of a
  registration on case-by-case basis
• Safety Case to contain summary of documentation
  prepared in relation to ID of major incidents and
  hazards
• Review/revision of a Property Protection
  Assessment will be required where substantive
  change to circumstances that formed part of
  original assessment