SA Government has every confidence that the nationally harmonised legislation will be approved by Parliament when it resumes in the New Year. The exact date is naturally a matter for the Parliament.

SafeWork SA’s planning for implementation of the new legislation will continue. This will build upon our extensive programme of preparation for the 1 January launch date, all of which remains entirely valid. Our WHS training will continue as will our engagement initiatives and preparation of administrative arrangements.

The Victorian Government has confirmed its support to the principle of harmonisation subject to a satisfactory assessment of the impact and benefits to Victoria.  The Government has initiated a supplementary Victorian specific assessment looking at the impact of the proposed laws on Victoria.  It has stated that this will take several months, and has called on the Commonwealth to defer for 12 months the implementation of nationally harmonised occupational health and safety laws.

WorkSafe continues to enforce Victoria’s existing Occupational Health and Safety Act 2004, Occupational Health and Safety Regulations 2007 and Compliance Codes.

For further details of the Victorian Government’s position, refer to the following media releases of 14 September 2011 and 28 September 2011.

The model Work Health and Safety Act, Regulations and Codes of Practice

View the model Work Health and Safety Act; Regulations and associated Codes of Practice on the Safe Work Australia website.

Also available on the Safe Work Australia website are details of the public comment period for several additional draft model Codes of Practice.

A national compliance and enforcement policy, largely based on Victoria’s current approach, will assist in aligning how occupational health and safety laws are administered across Australia. View the policy here.

Public consultation

Draft model mining regulations have been developed to support the model Work Health and Safety Act and Model Work Health and Safety Regulations.  The draft model mining regulations were available for public comment from July to 14 October 2011, alongside draft codes of practice and an issues paper.

Safe Work Australia also released a mining Consultation Regulation Impact Statement and survey for public comment on 10 October 2011, with a closing date of Friday 11 November. Information on how to make a public submission on the mining Consultation Regulation Impact Statement is available on the Safe Work Australia website.

More information

• How will national harmonisation work
• What employers can do now
• Common questions about national work health and safety laws
• Visit the Safe Work Australia website

Transitional arrangements have been put in place in NSW to support businesses, industry and workers move to a new system of work health and safety (WHS) laws.

These arrangements start on 1 January 2012.

The transitional arrangements have been based on national transitional principles agreed to by all jurisdictions.

In summary, these transitional arrangements provide for:

• recognition of existing information, records or other documentation that is substantially the same as WHS requirements
• transitional periods of 12 to 18 months where there is a change in training requirements
• only requiring retraining or reassessment if the requirements are substantially different
• transitional periods of 6 to 12 months (in most cases 12 months) where a duty or requirement is new
• up to 24 months for some new obligations where industry might have difficulty in complying for reasons beyond their control. 

Educational and advisory approach

WorkCover is committed to ensuring that the transition to the new WHS legislation is as seamless as possible for businesses, industry and workers. WorkCover staff are always on hand to provide advice and assistance and we strongly believe that the best outcomes for businesses and workers are achieved when we work hand in hand with industry. 

From 1 January 2012, new nationally harmonised work health and safety legislation commences in New South Wales.  The new legislation will replace the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001.

The principles of safety and consultation remain in the new legislation and people who comply with requirements as at 31 December 2011 will be well on their way to complying with the new legislation on 1 January 2012.

WorkCover will provide information, guidance, education and advice to assist customers to achieve compliance with new requirements contained in the work health and safety laws. 

A range of transitional measures have also been put in place to assist customers where there are new or significantly changed requirements.  

This does not mean that WorkCover will not take enforcement or other compliance action in the event of serious breaches of the legislation.  Currently, anyone who is an employer in NSW must, so far as is reasonably practicable, ensure the health, safety and welfare at work of all the employees of the employer and that duty will continue after 1 January 2012.

However WorkCover and its Inspectors will consider relevant circumstances before taking any compliance action. 

Codes of practice provide practical guidance on how to meet the standards set out in the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011.  Inspectors will use the guidance provided in codes of practice to assist duty holders to achieve compliance with any new safety practices, processes and control measures recommended in approved codes of practice.

WorkCover understands that where new approved codes of practice are in place a period of adjustment is required for duty holders to gain an understanding of the detail in a code of practice and how it applies to activities at their workplaces.

 Codes of practice:

Some current NSW codes of practice will continue after 1 January 2012. This will be where there is no comparable national model code of practice available.  

All new and retained codes of practice are available on this website.

Call 13 10 50 for more information about transitional arrangements.

A worker was killed while a formwork shutter was being raised to about one metre above the ground by crane. Lengths of timber were being used as lifting points for the shutter when one of the pieces of timber broke. The formwork shutter dropped to the ground and fell over, striking the worker.

Could this happen anywhere your employees are working?

This alert is a reminder for you and your organisation to consider the effectiveness of your safety management systems in preventing an incident like this from occurring at a workplace.

For more information on how we can help click here

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!

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.

Most organisations combine their environmental management with occupational health and safety responsibilities. Yet the majority of businesses we talk to do not have an up-to-date Environmental Policy. To help you write your own Environmental Policy here are three easy steps to follow:

Step One

State your commitment at the highest management level. The strength and value of a policy is assessed by the signature at the bottom. Nothing is better than the CEO or owner level sign off to ensure everyone takes this seriously. Make sure all staff are involved and that responsibilities are clearly outlined. The policy and how it affects the business should be communicated widely.

Step Two

Be clear how business activities impact the environment. Review all activities as well as issues that you are already tackling. An environmental audit will help you to identify the full range of issues. Ensure you take into account all relevant regulations or standards whether or not you are legally compliant with them. Look for areas of non-compliance where you can set targets for improvement.

Step Three

Set out the framework for solving or addressing the impacts you have identified. Be realistic with your targets – some areas of improvement will need to be managed over a longer period. One tip is to divide each area of risk into specific objectives. Each objective can then be further detailed in other documents like the business plan. The aim should be to set out a policy for continuous improvement. Targets and the policy itself should be reviewed regularly Just having an environmental policy will mean little unless it is kept up to date.

If you would like to see what a typical policy looks here’s a sample that you’re welcome to download and use: Sample Environmental Policy.

The following extract has been taken from the Safety Concepts E-Guide OHS Secrets for Small Business:

Determining a Consultation Mechanism Within Your Organisation.

Basically, how are you going to consult with your workforce to agree on OHS issues? Will you talk with each member individually? Will you consult with them through Safety Meetings?

Consultation on the subject of promoting a safe and healthy work environment, with all people in your workplace is good management. The ‘team approach’ that the government legislation steers the consultation process towards creates effective communication, improves productivity and morale, and creates a sense of ownership for all involved.

Consultations with your workers are your chance to put together a sound OHS Policy and procedures that are practical and which everyone agrees upon. After all, what would be the use of putting together work and safety procedures for your workers if:

• they don’t agree with the policies and therefore aren’t motivated to apply them
• the policies are far from practical because they were designed by administration or someone who has never used certain equipment in the warehouse before, or has never sat at a table inputting data into a computer, hour after hour
• they simply don’t know about the policies to begin with!

You need to develop a policy for OHS Consultation and communicate this policy to all employees. Failure to consult is a criminal offence that can carry a significant fine.

Make sure you maintain adequate records in relation to consulting with your employees about health and safety in the workplace.

Other Policies that your workplace may benefit from having in place are:

• No Smoking Policy
• Drugs and Alcohol Policy
• Behaviour Policy
• Environmental Policy
• Rehabilitation Policy
• Return to Work Policy