WHS Act: Awareness course for union members: Module 1

1
Work Health and Safety (WHS) Act Awareness
course for union members
2
Housekeeping

• Emergency Procedures
• Participant Notes - content
• Breaks, location of facilities etc.
• Participation in the course
• Parking, mobile phones, smoking
• Evaluation questionnaire

3
Course Objectives

• This course is designed to provide union members
  with information and knowledge on the Work Health
  and Safety (WHS) Act, to commence 1 January 2012,
  that includes
• The harmonisation model for work health and
  safety and key changes
• New terminology of the WHS legislation
• Sources of information to assist in understanding
  the changes
• Duty holders and their duties under the WHS
  Act

4
Course Objectives (cont)

• Consultation, representation and participation
  requirements
• The role of Health and Safety Representatives
  (HSRs), Health and Safety Committees (HSCs) and
  other arrangements
• Ceasing unsafe work and Provisional Improvement
  Notices (PINs)
• Enforcement measures available to WHS
  authorities to ensure compliance with WHS
  legislation and
• The role of Unions and WHS entry permit holders
  under WHS legislation.

5
Course Outline

• Based on these objectives the course is divided
  into 10 modules
• Module 1 Introduction to the WHS framework
• Module 2 Work Health and Safety (WHS)Terminology
• Module 3 WHS Duties
• Module 4 Consultation requirements and
  arrangements
• Module 5 Health and Safety Representatives
  (HSRs), deputy HSRs and Health and Safety
  Committees (HSCs)

6
Course Outline (cont)

• Module 6 Ceasing unsafe work and Provisional
  Improvement Notices (PINs)
• Module 7 The role of Unions and WHS entry permit
  holders
• Module 8 Issue resolution and prohibited conduct
• Module 9 Enforcement measures
• Module 10 Summary and Review

7
Module 1 Introduction to the WHS framework and
the WHS Act
8
Group introduction

• Your Name
• Your Role
• Questions about the new Work Health and Safety
  laws that you would like answered during this
  course.

9
Module 1 Activity

• Please complete the pre-course quiz in the
  activities section of your participant notes.
• We will review this quiz again at the end of the
  course to make sure that you have information you
  need on the WHS Act.

10
Work Health and Safety Framework

• WHS Act
• WHS Regulations
• Codes of Practice
• Australian Standards
• Industry Standards
• Guidance Material

11
Work Health and Safety Framework
Model WHS Framework Model WHS Act and WHS
Regulations supported by Codes of Practice
Mirrored by
State WHS Act, WHS Regulations, Codes of Practice
Territory WHS Act, WHS Regulations, Codes of
Practice
Commonwealth WHS Act, WHS Regulations, Codes of
Practice
12
Model WHS Act - Object -
The main object of the model WHS Act is to
provide for a balanced and nationally consistent
framework to secure the health and safety of
workers and workplaces. How is the object of
the model WHS Act to be achieved?
WHS Act s3
13
Model WHS Act - How the object is to be achieved
-

• The object of the model WHS Act is to be achieved
  by
• protecting workers and others from harm to their
  health, safety and welfare by elimination or
  minimisation of risks arising from work (or
  specified substances or plant)
• providing for fair and effective workplace
  representation (e.g. HSRs), consultation,
  co-operation and issue resolution on work health
  and safety

WHS Act s3
14
Model WHS Act - How the object is to be achieved
-

• encouraging unions and employer organisations to
  take a constructive role and to assist in
  achieving a healthier and safe workplace
• promoting the provision of work health and safety
  advice, information, education and training
• effective and appropriate use of compliance and
  enforcement measures

WHS Act s3
15
Model WHS Act - How the object is to be achieved
-

• monitoring and review of persons with functions
  and powers under the model WHS Act
• providing a framework that ensures continuous
  improvement and higher standards for work health
  and safety and
• maintaining and strengthening of the national
  harmonisation laws and facilitating a consistent
  national approach to work health and safety.

WHS Act s3
16
Key changes

• Key changes to current NSW OHS legislation
  includes
• Work health and safety (WHS) terminology
• The relationship between the employer and
  employee to the broader relationship of a person
  conducting a business or undertaking (PCBU) and
  a worker
• A broadening of health and safety duties
• Consultation requirements for all duty holders
• OHS Representatives and OHS Committees change to
  Health and Safety Representatives (HSRs) and
  Health and Safety Committees (HSCs) with changed
  roles and functions

WHS Act s4-9, s13-29, s46
17
Key changes

• The introduction of deputy HSRs
• Risk management is focused more on the outcome
  than the process a risk assessment may not be
  required in all situations
• Authorised representatives become WHS entry
  permit holders with increased functions
• A positive duty for officers e.g. proactive
  safety activities
• Enforcement measures
• The removal of the reverse onus of proof
• Changes as to when unions can prosecute.

WHS Act Part 5 s124, Parts 10-13
18
Sources of information

• Safe Work Australia - www.safeworkaustralia.gov.au
  
• WorkCover NSW - www.workcover.nsw.gov.au
• National Safety Council of Australia -
  www.nsca.org.au
• Course Fact Sheets

19
Sources of information

• Union organisations including
• Unions NSW - www.council.labor.net.au
• Police Association NSW - www.pansw.org.au
• Australian Manufacturing Workers Union -
  www.amwu.org.au
• Construction, Forestry, Mining and Energy Union
  (CFMEU) - www.cfmeu.asn.au
• LHMU (United Voice) - www.lhmu.org.au
• Transport Workers Union www.twu.nsw.org.au
• Health Services Union www.hsu.net.au