The changes, detailed in the Scaffolding Code of Practice 2009 require:

• engineer certification for critical components

• any person who is erecting or installing suspended scaffold to have completed the Safe Erection/Installation of Swing Stage Scaffolds (30825QLD) course

• any person who is a user of swing stage scaffold to have successfully completed the Safe Use of Swing Stage Scaffold (30826QLD) course.

The changes to the code of practice also include advice for all relevant obligation holders, checklists to assess compliance and verification forms to assist obligations in ensuring safety.

Model legislation has been developed and all states and territories are committed to enacting the new legislation by the end of 2011.

The model legislation has been called the Model Work Health and Safety (WHS) Act and was endorsed by the Workplace Relations Ministers’ Council on Friday 11 December 2009.

The Model Work Health and Safety (WHS) Regulations were endorsed in principle by the Workplace Relations Ministers’ Council on Tuesday 10 August 2011 and all Ministers have been advised to implement the Model Work Health and Safety Regulations by 1 January 2012.

Implementation in the Northern Territory

The Work Health and Safety (National Uniform Legislation) Bill 2011 (NT) was introduced into the Northern Territory Legislative Assembly on Thursday 27 October 2011 and was passed on Thursday 1 December 2011. The new laws will commence on 1 January 2012.

NT WorkSafe will continue to regulate work health and safety in the Northern Territory, as the model legislation will not create a national Work Health and Safety Regulator.

Bulletins have been developed to provide information on some key points under the Work Health and Safety (National Uniform Legislation) Bill 2011 (NT).

 Background

In the first half of 2011, NT WorkSafe received in excess of 20 notifications of fires in vehicles and other mobile plant. The incidents have occurred throughout the Territory, with the bulk of incidences occurring in the mining industry. The majority of the fires have been attributed to component failure and/or inadequate maintenance.

 Contributing factors

-  Inadequate scope and/or scheduling of maintenance and inspection of vehicles and plant.

-  Hydraulic oil contact with hot engine areas.

-  Poor maintenance leading to a buildup of combustible material (lubricant and fuels) near

heat or ignition sources.

-  Ineffective isolation of ignition sources such as battery terminals.

 Action required

Recommended control measures to prevent similar incidents occurring include:

-  Systematic inspection of all components within a hydraulic or fuel supply circuit during outine part replacements.

-  Proactively monitoring of hydraulic hoses including checks on hose connections, clamps and pressure relief valves.

-  Adopt a risk based hydraulic hose management system.

-  Verify internal maintenance systems with additional quality checks by manufacturers or

authorised service providers.

-  Evaluate isolation techniques such as shielding for potential engine heat sources or insulation of hoses near hot components.

-  Routine inspection of electrical systems for corrosion or insulation fatigue.

-  Consider the location and rating of protective devices such as fuses and wiring control.

-  Install, maintain and systematically inspect fire detection and automatic fire suppression

systems on vehicles or plant operating at a higher risk of fire.

-  Install portable fire extinguishers on all mobile plant.

-  Provide appropriate training to all mobile plant staff on hydraulic hazards, fire detection  and response procedures.

 Further information

Australian Standard

-  AS 5062 – 2006 Fire Protection for Mobile and Transportable Equipment.

Issues raised in these submissions were considered by jurisdictions and employer and union representatives. Plans for the final package of model Work Health and Safety regulations were considered by the Workplace Relations Ministers Council in June 2011. WHSQ will distribute an eSafe special in September, dedicated to the national harmonisation of WHS laws and including articles on the regulations.

Second stage model codes of practice that support the implementation of the construction, electricity, plant and hazardous chemicals model regulations are being developed by Safe Work Australia and will be released for public comment in September 2011. It is intended that these codes be completed by 1 January 2012. They include:

• managing risks in construction work
• excavation work
• demolition work
• tilt-up and precast concrete in building construction
• falls in housing construction
• safe design of building and structures
• safe design of plant
• how to manage risks of plant in the workplace
• traffic management – construction
• traffic management – non-construction
• managing electrical risks at the workplace
• working in the vicinity of overhead electric lines and underground electrical services
• first aid
• health monitoring
• abrasive blasting
• managing risks of hazardous chemicals
• welding
• spray painting and powder coating
• heritage plant
• forest safety
• arborists.

Additional codes of practice are proposed for release post January 2012. A number of current Queensland construction codes will remain in place until this time. They include:

• concrete pumping
• scaffolding
• steel construction
• tunneling.

Transitional arrangements

Workplace Health and Safety Queensland has made arrangements to help ensure a smooth transition to the new laws commencing on 1 January 2012.

A fact sheet summarises the transitional arrangements, including information on the process for continuing prosecutions, investigations, principal contractors, enforceable undertakings, asbestos class B certificate holders and codes of practice.

As of 1 July 2011 all fees for earthmoving or particular crane (EPC) certificates have been waived as it is anticipated that these certificates will not be required from 1 January 2012 under harmonised work health and safety laws.

These certificates cover the operation of backhoes, front end and skid steer loaders, excavators, dozers, graders, scrapers and road rollers as well as remote operation bridge and gantry cranes.

Workplace Health and Safety Queensland is preparing a range of resources to help businesses and employees prepare for the introduction of the Work Health and Safety Act 2011 (QLD) on 1 January 2012, including:

• statewide information sessions during Safe Work Week in October 2011 (keep your eye on the website for registration details)
• videos of the information session content which will be available for download from the website
• a short video on responsibilities for executive officers under the new Act
• a kit with information tailored for the construction industry
• an online comparison tool highlighting the differences between the current laws and the new Queensland Act.

Workplace Health and Safety Queensland has also published an online comparison tool which highlights the differences between the Work Health and Safety Act 2011 and Queensland’s current Workplace Health and Safety Act 1995.

Safety Concepts will continue to keep you updated as news comes in!

 The question of whom to hire and when should be on the minds of CEOs, operations managers, human resources, project managers, and others regarding safety and training issues. This question is not always easily answered, even if your company has the resources and personnel in the guise of a safety and health director and/or department. In this ever-changing world of downsizing, everyone needs to justify how many man-hours are spent and at what cost to the company. Everyone is responsible for watching the bottom line.

 In order for most companies to remain competitive and stay in business, they must provide–per legislation—a safe work environment for all of their employees . . . not just the full-time employees. You may have the best safety and training program, however, human error is impossible to predict and control 100 percent.

Your safety and training manager (if you have one in house) usually has more on his/her plate than the original job description depicts. He or she does not have the time, and your budget constraints do not allow him or her the resources, to keep up with the ever-changing environment in which we live and work. Therefore, in most cases, it is very cost effective to hire a safety consultant to take a fresh look at your company policies, training, accident prevention programs, and a multitude of other issues that may be particular to your type of industry and company.

 Why Go Outside for This Service?

First, a professional consultant is not bogged down by your company’s internal affairs, nor is he/she influenced by your past safety record. Nor will he or she alter reports just to make your company look good. You also have the opportunity to find someone, although this person may not have a lot of initials and titles after her name, who has a proven record of actual, hands-on skills and has the ability to save your company a serious amount of money through recommendations or implementation of new ideas.

 These professional consultants attend seminars, meet with industry regulatory agencies, and in general are ahead of the curve for safety and training in their field of expertise. The cost of their services ranges from reasonable to ridiculous, as some want to sell you software, videos, and other potentially useless expenses that leave you with a bad feeling for consultants.

 In order to find the right company for your needs, get a referral list and check them out, the same as you would for other services that either your company requires or you require personally. For instance, if you needed heart surgery, would you run your finger through the Yellow Pages? Would you require a doctor with a multitude of titles or degrees? I surely hope not. If it were me, I would speak to past and present patients, other doctors, hospitals where they worked, and the Department of Health, and would make sure this is the person to whom I want to entrust my life. In the same manner, you are entrusting the lives and well-being of your employees to an outside safety consultant. Take the time to make a healthy decision.

 Benefits to Hiring a Safety Consultant

• • Reduce overhead costs
• • 100 percent business expense (deductible)
• • Service available either as needed or specified by contract
• • Training available for employees when required
• • Up to date on safety regulations
• • Available to check current safety manual and upgrade as required or write a new safety manual specific to your company and industry

 Safety Concepts offers a cost effective, quality consulting service for Brisbane based businesses.  With the new harmonisation laws becoming effective on January 1, 2012 now is the time to talk to Safety Concepts and have your safety system reviewed!

Issues raised in these submissions are being considered by jurisdictions and employer and union representatives, with plans for a final package of model Work Health and Safety regulations to be considered by ministers in June 2011.

Additional model Codes of Practice being developed by Safe Work Australia will also be released for public comment.

These include:

• a range of construction codes (eg scaffolding, demolition, tilt up construction, falls in housing construction)
• forest safety
• first aid
• abrasive blasting
• chemicals risk management
• welding
• traffic management
• spray painting.

A model Work Health and Safety Bill has been developed and agreed under the Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety and the Queensland Work Health and Safety Bill was introduced into the Queensland Parliament on 10 May 2011.

The harmonised Work Health and Safety laws are scheduled to start on 1 January 2012 and it is anticipated that many of the model Codes of Practice will also start at the same time.

Be sure to keep an eye out for our regular updates in the coming months which will provide businesses the opportunity to find out more about the new laws and how to prepare for the transition to a harmonised system.

Related articles

• National OHS Laws Are Coming (safetyconcepts.com.au)
• 2011 NSCA Safety Awards (safetyconcepts.com.au)

If you’re at all unsure about how this huge change to Australia’s OHS legislation will affect you and your business read on.

In 2008, the Minister for Employment and Workplace Relations (then Julia Gillard) announced a national review into the model OHS laws.

At present each state has its own OHS legislation. Each state’s legislation covers employees working in that state whether they are employed by a company with its headquarters there or not. This in itself creates problems.

The idea was to remove obvious irregularities between all the different state OHS laws that create a headache for businesses operating across different states. It has been called the harmonisation of the all OHS laws. It is a big thing because of all the significant changes across all jurisdictions of Australia. The most significant thing is that it’s proposing to be a national act … so you’ll find that national businesses can cater for the one act.

Business owners will say this is better for business. It’s better for industry as a whole if we have piece of legislation that’s adopted in each of the states and territories. It makes life easier in that regard.

Following the Commonwealth‘s review of the OHS laws, the Model Work Health and Safety Bill 2009 was recently approved by the Commonwealth as well as most states and territories.Each state and territory is expected to implement laws similar to the model legislation in time for the legislation’s commencement on 1 January 2012. However, the Western Australian and New South Wales governments have not yet agreed to the reforms.

Under the new model legislation, NSW is set to lose the reverse onus of proof in relation to individual liability and unions will lose the power to prosecute for breaches – a change rejected by the NSW Labor Government.

Let’s be clear: the reforms to the occupational, health and safety (OHS) laws in 2012, represent another major development for Australian workplaces – just as big as Workforce Reform did.

Our view is that the Harmonisation is a good law – as long as advice currently being taken from employee and employer groups is heeded. After all Australia is one market and we should behave as one market.

Related articles

• Update On National OHS Laws (safetyconcepts.com.au)
• 2011 NSCA Safety Awards (safetyconcepts.com.au)

The new fall prevention code of practice that was recently released pending the start of the  2012 regime speak directly to controls that must be in place where working at heights above 2 metres.

Safe Work Australia’s (SWA) has finished development of the code which is designed to arrest the number of death and injury that are the result of falls from height.

The code says that a hazard control must be stipulated and considered when working at heights above 2 metres.

When controlling fall hazards and applying  the hierarchy of control, operators must first consider if the work can be moved to the ground or manually reduce the height.

Where this is not possible, the responsible person or employer representative  must consider using a passive fall prevention device, followed by a work positioning system, then a fall-arrest system.

If these controls aren’t reasonably practicable then the work must be undertaken using ladders, or administrative controls.

The code also stipulates that when working at a height of less than 2 metres, other non-prescribed risk management must be in place and used.

The OHS harmonization process will revolutionise how individuals and organisations approach workplace bullying. If it doesn’t, workplace bullying will continue as a critical physical and psychological issue affecting individuals and organisations forever.

So far in Australia, there have been relatively few prosecutions of organisations or individuals for health and safety breaches relating to workplace bullying. However, the recent successful prosecution of and employer and employees linked to the death of Brodie Panlock in Victoria may be the first step as Governments are starting to view deadly implications of the short, medium and long term and sometimes fatal impact of this insidious practice.

Despite publicity generated by Government Departments and strong media interest when there has been a death following a workplace bullying incident, I believe that many public and private sector organisations are being lulled into a false sense of security. Lack of data, small numbers of allegations dealt with quickly, or individuals not reporting incidents create an illusionary perception that ‘all is well’ and ‘we are doing enough.’

The tides of change are coming and as every day goes by, the tide is picking up strength just like a tsunami. What is this tide of change? In a nutshell, it is the Work Health and Safety Act that is due to be implemented in January 2012. Will it make a difference?

I believe that some of the changes will have a dramatic affect on how executive officers think about, and even commit themselves to the notion of work health and safety. They will have to about the physical and the psychological aspects if they are to meet their obligations and show that they can meet due diligence requirements.

Barry Sherriff and Michael Tooma have written an excellent, user friendly publication that is produced by CCH. I believe the way that they have interpreted the legislation has resulted in the publication of the book ‘Understanding the Model Work Health and Safety Act’. Their explanations of various definitions and what they actually mean gives credence to the belief that the tides of change are coming.

It is not intended to reproduce all the definitions covered by Sherriff and Tooma, but I am going to refer to few where I believe public and private sector agencies need to focus in terms of workplace bullying.

Officer

Executives might be blissfully unaware that changes to the legislation means that there is every possibility that they will be considered an ‘officer’ under the model WHS Act, and as such they must exercise due diligence to ensure that there organization complies with its duties under the legislation. Sherriff and Tooma point out that the term “officer” has the same definition as it has in the Corporations Act 2001. They also indicate that the definition is extended to apply to officers of the Crown by s. 244 of the model WHS Act. So, are you an officer? Sherriff and Tooma (2010:32) provide a list in relation to who is an officer.

Who is and who is not an officer in your organisation?

They also discuss due diligence and provide some discussion as to what is meant by due diligence. It is interesting to note that Sherriff and Tooma (2010:33) indicate that officers need to make themselves aware of changes to legislation and developments in case law as well as Australian standards.  Does this apply to workplace bullying? Well yes, it does. Courts, Commissions and Tribunals are continually making decisions that impact directly and indirectly on individuals and organisations. Whilst some organisations may cut back on training, it is essential that the Board and Executive officers be regularly briefed or involved in training sessions so that they can maintain currency in trends and issues and even decisions associated with workplace bullying.

Cutting back on training may even have a negative impact on how ‘officers’ demonstrate that they have met their obligations or fulfilled due diligence requirements.

Worker

Some things in relation to workplace health and safety might not change dramatically, but the definition of a worker is worth considering. As Sherriff and Tooma (2010:52) indicate, a person is a “worker” if they carry out work in any capacity for a PCBU. It is a broad definition, but they also indicate that it ‘includes work as an employee, a contractor, a subcontractor, an employee of a contractor or subcontractor, an employee of a labour hire company, an outworker, an apprentice, a trainee, a student gaining work experience, or even a volunteer.

Each of the ‘workers’ identified above can at any stage be involved in a workplace bullying incident so it is important that the safe system of work, including the prevention, detection and resolution of workplace bullying cover these people. The task is to read your current policy and see if the definition of worker meets this requirement.

Does your policy cover those ‘workers’ in terms of workplace bullying?

Who is a person at a workplace?

There are some subtle changes to the meaning of ‘who is a person at a workplace?’ Given that workplace bullying can involve internal and external employees or customers, this is an important definition. As Sherriff and Tooma (2010:53) indicate, ‘the duty of care of a person at a workplace is intended to capture visitors to workplaces, such as customers and clients, passers-by, relatives and associates of workers, and trespassers’.

Does your workplace bullying policy cover this definition?

What is a workplace?

Workplace has been mentioned several times. Workplace bullying can happen across a diverse range of locations and a key example of this is ‘cyber bullying’ or stalking (a criminal offence). It is important that employers and employees have a detailed understanding of this section. Sherriff and Tooma (2010:53) indicate that:

‘a workplace is defined as a place where work is carried out for a business or for an undertaking. It includes any place where a worker goes, or is likely to be, while at work (for example, a vehicle, a vessel, an aircraft or other mobile structure, any waters and any installation on land, and on the bed of any waters or floating on any waters). As such, not only are factories, shops, construction sites and offices workplaces, but roads, homes, national parks, schools, hotels, airports, aeroplanes, ports and ships are also workplaces when people are working there. Indeed, any place can be transformed into a workplace if people work there.’

So what is the relevance of that definition to workplace bullying? Workplace bullying can occur in any of the above places, and can be committed by employees of the organisation, or by employees of other organisations. How does your workplace bullying policy define workplace? Is it defined in your health and safety policy, or in some other document that employees hardly ever refer to?

Action

Given that Courts, Commissions and Tribunals appear to have taken a broad view about workplaces and what is workplace related, it is important that employees understand the parameters in which they operate. For example, the birthday bash of work colleagues held in an off site location may be considered work related if an event that occurs at the party site is discussed in the workplace proper.

Some organisations will allow employees to attend post event functions e.g. after a Conference, but ‘kick on events’ may occur after the post event functions. Depending on the circumstances, a ‘kick on event’ may be considered work related, or even a workplace.  From time to time, allegations of sexual harassment and bullying arise following such events, and in some cases, excessive consumption of liquor has occurred.

Changes to the workplace, broadening of definitions and allegations of all forms of inappropriate behaviour can result in adverse publicity and damage to individual and organisational reputations.

Is there a need for panic?  Well, no not at the moment.

However, if I were an Executive in the public or private sector, I would want to make sure that I could meet all the obligations placed on me through the changes to the Work Health and Safety Act and I would to be able to demonstrate that I could meet due diligence requirements. I would not to be sitting in some Court, Commission or Tribunal trying to explain why I had failed in my duties as an ‘officer’. I don’t think like would like to be explaining to the CEO or to the Board about how my inactions failed the organisation.

At the same time, if I was an employee giving evidence in a Court, Commission or Tribunal as to why I had committed a breach of work health and safety, I would want to know the answers.

What should I do?

Executive officers should be getting briefings from their health and safety personnel.

Health and safety personnel should be working hand in glove with HR, Risk Managers, and other key personnel concerned with managing physical and psychological hazards in their organizations.

Employees should approach their unions or health and safety personnel to find out what their obligations are and what they have to do meet them.

Health and Safety policies and procedures, along with various HR policies should be reviewed to ensure that they meet the requirements of the Work Health and Safety Act.

In the meantime, publications such as that listed in the references provide a very good understanding of the key issues identified in this short paper.

Alternatively, there are a number of Safety Conferences being held between now and 2012 where key note speakers address the Work Health and Safety Act. I have been to several of these, and the Melbourne SIA featured the eloquence of Barry Sherriff of Norton Rose explaining in a no-nonsense manner just how the new Act is going to impact on organisations and individuals.

References

Sherriff, B. & Tooma, M. (2010) Understanding the Model Work Health and Safety Act. CCH AUSTRALIA LIMITED. Printed in Australia by McPherson’s Printing Group. ISBN: 978 1 921593 72 7.

The Government was well on its way to introducing a system that could help prevent tragedies such as the death at the Perseverance Mine.

According to the Minister in charge, the reforms introduce a more risk-based approach in place of prescriptive rules and regulations. They will reinforce that the onus is on operators to demonstrate an understanding of the hazards and risks of their workplace.

The changes will be implemented by the Resources Safety Division of the Department of Mines and Petroleum.

A ministerial advisory panel, containing representatives of Government, industry and unions has also been established to monitor their delivery.

The reforms will be funded by a series of levies, fees and charges from industry that can only be spent on safety issues.

Cost recovery in safety regulation is widely accepted and has already been successfully adopted by New South Wales and Queensland.

The Minister said close to $8million was expected to be raised this year for the reforms and the number of available mines inspectors almost doubled.