WORK HEALTH AND SAFETY

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September 29, 2020

WORK HEALTH AND SAFETY

WORK HEALTH AND SAFETY Introduction to the course Work Health and Safety (WHS) is imperative in the w ork place, an issue that must be acknowledged by every person who is in business. Work health and safety can relate to many things su ch as manual handling, stress, work load, fatigue, accidents and anything that may put the employee at risk. The WHS laws apply to work wherever it is done as p art of a business. For a Complementary Health practitioner this may include part of a resi dential premise plus access to the premise, the back of a Health food shop or a separate buildi ng. The health and safety laws are broad and seek to re gulate the safety standards across all business activities. Introduction to Work Health & Safety The purpose of this session is to provide students with the knowledge and skills to implement WHS policies and procedures within a Complementary Therapies practice. This will cover WHS legislation, best practice proc edures in health and safety management, risk management with particular reference to health and wellbeing and to accidents and injury, and workers compensation. Learning Outcomes: Name the Act Name the Regulation Codes of Practice for Complementary Therapies Clin ic The role of WorkCover Changes to the safety legislation took place in 201 1and were implemented January 2012. These will now provide a high level of uniformity i n work health and safety throughout Australia involving each of the states and territor ies. Online resources : Work Health and Safety Act 2011 Available at: y/OHSstrategy/ ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 36 of 66 WORK HEALTH & SAFETY ACT, 2011 Changes to safety legislation: The Work Health & Safety Act 2011 which was implemented in January 2012 has replaced the Occupation Health & Safety Act 2000. The main o bject of the Act is to provide for a balanced and nationally consistent framework to sec ure the health and safety of workers and workplaces. The WHS Act lays down the general requirements for health and safety which must be met in all places of work. The WHS Act is supported by the WHS Regulation, Standards and Codes of Practice. The Act is law and failure to comply with the Act w ill result in penalties. Parts 8 to 13 of the Act deal with enforcement and compliance. The WHS A ct retains and builds on the existing enforcement framework; notice-based options are ret ained graduating to prosecutions. A range of sentencing options are available to the co urts following the conviction of a defendant. Each State and Territory continues to ha ve its own regulator, in NSW it remains WorkCover. Regulations The Regulations adopt a risk management approach to WHS and are law. Failure to comply with the Regulations will also result in penalties. They are made to support, add detail and give effect to the objectives of the Act. The WHS Regulation 2011 replaces the OHS Regulation 2001 and covers the following: Representation and participation General risk and workplace management Hazardous work Plant and structures Construction work Hazardous chemicals Asbestos Mines ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 37 of 66 Standards Standards are advisory or technical documents that set out acceptable minimum levels of performance or quality. Specifications for a range of equipment, products and materials ensure they are safe and of good quality. There are two main sources of standards in Australia: Safe Work Australia and Standards Austr alia. Codes of Practice Codes of Practice should be used in conjunction wit h the legislation and provide practical guidance on how the required standards of health an d safety can be achieved. These codes should be followed unless there is a course of acti on that achieves the same or better standard. Codes of Practice are advisory “ they are not law. New Codes of Practice came available from January 2 012. The following three are just a small number of a long list of Codes of Practice av ailable. Confined spaces Hazardous manual tasks Managing the risk of falls at workplaces Following are some of the relevant definitions in t he Act highlighting the change from previous terminology: Employer œPerson conducting a business or undertaking – PCBU * refers to a person conducting a business alone or with others * corporations, associations, partnerships, labo ur hire, franchisees, sole traders These duty holders’ work activities may overlap at times. They will be required to consult, co- operate and co-ordinate activities with each other so far as is reasonably practical, the health and safety of workers they engage, workers t hey influence or direct and others œreasonably practicable in terms of health and safety encompasses ways in w hich to do the job safely Employee œworker ¢ employees, independent contractors, apprentices, t rainees, work experience and volunteers ¢ œduty officers Someone who makes or participates in making decisio ns that affect the whole or a substantial part of, a business or undertaking ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 38 of 66 Officers must exercise due diligence to ensure the PCBU meets its health and safety dut ies Due diligence includes taking reasonable steps to keep up to dat e with WHS matters and hazard management. œduties of workers Take reasonable care for their own and others safet y Comply with any reasonable instruction given by the PCBU Workers must cooperate with WHS policy or procedure œduties of other persons at the workplace Take reasonable care for their own and others safet y Comply with any reasonable instruction by the PCBU Offences and Penalties Reckless conduct “ category 1 For a breach in health and safety duty for an indiv idual, $300,000 or 5 years imprisonment or both For a breach in health and safety duty for a PCBU $ 600,000 or 5 years imprisonment or both in the case of an offence committed by a body corpo rate $3,000,000 Category 2 offence Maximum penalty for an individual $150,000 Maximum penalty for a PCBU $300,000 Maximum penalty for a body corporate $1,500,000 Category 3 offence Maximum penalty for an individual $50,000 Maximum penalty for a PCBU $100,000 Maximum penalty for a body corporate $500,000 Duty of Care The primary duty of care is owed by the employer to its employees, by an employer to people other than its employees, and of a self-employed pe rson to others. The primary duty of care can readily apply concurre ntly to multiple duty holders A PCBU has a primary duty of care to: workers, sub contractors and others in the workplace. ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 39 of 66 Manufacturers, designers, persons that supply plan t or substances have a duty of care. Duty officers and workers have a duty of care If there is more than one PCBU involved in the work place they will share the duty of care. PCBU responsibilities include: 1. safe work environment for example: Air quality, lighting, noise, dust, air conditioning and security 2. Consultation 3. Safe plant and structures 4. Information, training, instruction and supervisi on 5. Safe use handling and storage of plant, structur es and substances 6. Incident notification 7. Facilities for workers welfare 8. Workplace monitoring Consultation The WHS Act 2011 states that a PCBU must so far as reasonably practicable consult with workers about their health and safety at work. Fail ure to comply may result in penalties. Consultation under the Act requires that: Relevant information about the matter is shared wi th workers Workers are given reasonable opportunity to: Express their views and raise WHS issues i n relation to the matter Contribute to the decision-making process relating to the matter Views of workers are taken into account by the PCB U Workers consulted are advised of the outcome of the consultation in a timely manner Consultation must occur when: Identifying hazards and assessing risks Making decisions about the adequacy of facilities f or the welfare of workers Proposing changes that may affect the health or saf ety of workers Making decisions about the procedures for: Consulting with workers and others to resolve heal th or safety issues Resolving WHS issues Monitoring the conditions at the workplace ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 40 of 66 Providing information and training to workers Consultation can be undertaken by one or more of th e following methods: Health and Safety committee One or more Health and Safety representatives Other agreed arrangements: Tool box meetings WHS items on agenda Procedures for reporting incidents and hazards Health and safety representative (HSR) An HSR represents the workers to facilitate consul tation and resolution of issues in relation to WHS. An HSR also investigates complaints, inspe cts the workplace, issue provisional improvement notices (PINs) can request the establis hment of a health and safety committee and direct unsafe work to cease. Health and safety committees A health and safety committee must be established w ithin 2 months after being requested to do so by the HSR or by five or more workers at the workplace or if required to do so by the regulations. The PCBU may establish a health and sa fety committee in the workplace under their own initiative. Online resources : National Codes of Practice “ Relevant to a Complementary Therapies Clinic 1. Code of Practice for Hazardous Manual Tasks Available at y/HazardsSafetyIssues/ManualTasks/ or via Policy/CodesofPractice/pages/preven tion_occupational_overuse_syndrome_national_code_pr actice_4963.aspx ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 41 of 66 Workplace Injury Management and Worker’s Compensati on Documentation Injury management is about ensuring prompt, safe an d durable return-to-work of an injured worker. Injury management encompasses treatment of the injury, rehabilitation back to work, retraining into a new skill or new job, management of workers compensation claim and the employment practices of an employer. The aims of Workplace Injury Management and respons ibilities of the PCBU are: Attend to the injured worker as soon as possible Notify the insurance company within 48 hours of a significant injury Notify the insurance company of any other workplac e injury within 7 days Cooperate and participate with the insurance compan y in the development of a injury management plan Implement and monitor a return-to-work plan for the injured worker The PCBU’s obligations also include: Up-to-date workers compensation insurance policy c overing all workers Keep correct records of all wages paid to workers Supply a register of injuries in which workers can write work related injury details Have policies and procedures in place before an in jury happens Injury or accident reports must also be maintained for inspection. Regulations specify that any injury, whether reportable or not, must be docu mented at the workplace. Documentation must include: I. Time of injury II. Body part affected III. Task that the worker was performing at time of injury IV. First Aid or medical care given and by whom V. Time off work by the employee VI. Any medical certificates from treating doctors or health practitioners Further to this documentation, a report on the inci dent must be conducted and a review of the Risk Management for the task/object must be made. All documentation must be signed and dated. ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 42 of 66 In June 2012 the government introduced changes to t he Workers Compensation Scheme in NSW. The focus is on return to work and make benefi t calculations fairer for all workers, improve financial support for seriously injured wor kers, and provide more assistance for injured workers to return to work. Further information on Injury Management and Worker s compensation can be obtained from the following resources Online resources : Injury Management and Return-to-Work programs Workers compensation changes: information for worke rs Available at y/ohsstandards or via www.workcorer.nsw.gov.au ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 43 of 66 RISK MANAGEMENT The purpose of this session is to ensure that stude nts will be able to identify Risk in the workplace and have the knowledge to conduct a risk management process. Learning Outcome(s): Identify risk in the workplace Conduct a risk assessment Name the 4 steps in the risk management process Identify when to conduct a risk assessment Identify who should be involved in a risk assessme nt Describe the steps of WHS Management system Introduction The duty holder, in managing risks to health and sa fety, must identify reasonably foreseeable hazards that could give rise to risk to health and safety. While the ultimate aim is for the PCBU to make sure there is a safe environment for work, it is up to everyone to be sa fe. œHazards are anything with potential to harm life, health or property and œrisks are the potential outcome of hazards and th e probability of injury, illness, damage or loss occurring as a result of ha zards. Definitions: A hazard is: A source or situation with the potential for harm i n terms of human injury or ill- health, damage to property, the environment, or a c ombination of these . The WHS Act requires that you consult, so far as is reasonably practicable, with workers who carry out work for you who are likely to be affecte d by a work health safety matter. Specific hazards may include, but are not limited t o: ¢ Chemicals ¢ Bodily fluids ¢ Sharps ¢ Noise ¢ Manual handling ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 44 of 66 ¢ Work posture ¢ Underfoot hazards ¢ Moving parts of machinery ¢ Cytotoxic medicines and waste Other workplace hazards may include ¢ Occupational violence ¢ Stress ¢ Fatigue ¢ Bullying Risk: In relation to any hazard, means the probability an d consequences of injury, illness or damage resulting from exposure to a hazard. In WHS terms, risk management is a process where si tuations are recognised which have the potential to cause harm and doing something to prevent or reduce this harm. In any risk management process there are certain st akeholders that need to be involved. The PCBU “ it is important for the PCBU to be aware of any potential risk that may arise in the workplace to ensure a safe working e nvironment. As mentioned in session one, there are fines and penalties that app ly for not complying with WHS regulations. The worker “ any worker who is involved in the task or is exp osed to the equipment or who works in the environment should be consulted in the risk management process. Watching how a worker performs a task can give the assessor an idea of œwhat could go wrong? Officers must exercise due diligence to ensure that the bus iness or undertaking complies with the WHS Act and Regulations. This inc ludes taking steps to understand hazards and risks associated with the operations of the business and that the business uses appropriate resources and processes t o eliminate or minimise risks to health and safety WHS representatives or professionals “ these people have a working knowledge of the laws and regulations and can assist in the f inal analysis. It may be necessary, ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 45 of 66 for example, to engage someone who is an expert in Manual Handling or Stress Management. Risk Management Process The Risk Management process consists of three steps in sequence that leads to an informed decision about the best way to control the impact o f risks. Step 1 “ Hazard identification Not all tasks or workplaces are a risk. The potenti al for something to go wrong can be present in any task. Hazard identifica tion is a way of analysing tasks to find out what can be a potential to causing harm. Identifying risk involves going into the workplace and inventorying anything that may pose a risk. It is assumed that every object in the workplace is a risk until proven otherwise. For example, a desk is a suspected Occupational Ove ruse Hazard (OOS), a power point is an electrocution hazard, a window is a glare hazard , a carpet is a trip hazard until proven otherwise. In a Complementary Therapies Clinic hazards will fa ll into four categories: i. Environmental “ everything about where people wo rk ii. Organisational “ everything about how people ar e allocated work iii. Postural “ everything about how people do thei r work iv. Infectious “ anywhere an infection may be sprea d The first step in the process of hazard identificat ion is to gather information from all the stakeholders mentioned in the introduction. Methods for identifying hazards Consultation Complaints Workplace inspections Previous injuries or accidents ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 46 of 66 Safety audits Information regarding health and safety from Manufacturers, suppliers, technical specialists Observe the work in progress, for example, sitting at a desk, observe where the screen is, how high the chair is etc. Then record anything tha t may pose a risk or be a hazard. Step 2 “ Risk Assessment Once a hazard has been identified, the next step in a risk management system is to Asses the risks. This is to determine what could happen i f someone is exposed to a hazard and the likelihood of it happening. The first objective is to determine whether the tas k or object poses a risk, this is then ranked from 1 -6, according to the following table. Identify the hazard Gather information about any task, object, furniture, product etc that is likely to be a hazard Record the hazards Proceed to risk assessment ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 47 of 66 How likely is it to be that bad? How severely could it hurt someone or how ill could it make someone? ++ Very likely Could happen any time + Likely Could happen at some time = Unlikely Could happen but very rarely “ Very Unlikely Could happen but probably never will X Kill or cause permanent disability or ill health 1 1 2 3 !!! Long term illness or serious injury 1 2 3 4 !! Medical attention and several days off work 2 3 4 5 ! First Aid needed. 3 4 5 6 ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 48 of 66 To determine the source(s) of the risk there are th ings that need to be considered, they include: The activities that make up the task The process in place to perform the task or use th e object Any other tools or equipment that may be required The work area, the design, and the layout and The work environment By considering the above, a hazard can be ranked fo r its risk factor. Remember, it is important to take into account all reasonable variations of the task or different aspects of the object. For example, an em ployee may sit on an office chair astride, with the back facing the front. Therefore, there ar e direct risk factors and contributing risk factors that need to assessed. If the problem is obvious and the risk of injury is high, then action must be taken. Risk assessment De termine whether the task, object, furniture, product etc that poses a risk Determine the sources of the risks Record the risk Proceed to control/eliminate the risk ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 49 of 66 Online resources : How to Manage Work Health and Safety Risks Code of Practice Available at: www.workcover.nsw.gov.au or http:// www.safeworkaustralia.gov.au Step 3 “ Control or eliminate the risk There is a legal compulsion on employers to do some thing once a hazard exits and that people are at risk from injury. The law specifies that an instance where a risk is identified that places workers in some kind of danger the employer must take steps to eliminate the risk immediately. A hierarchy of risk control is applied to controlli ng occupational risks. 1. Elimination of risk ie. discontinue use of product, equipment, cease work process 2. Substitution ie. replace with a similar item that does the same job but with a lower hazard level 3. Isolation ie. put a barrier between the person and the hazar d 4. Engineering controls ie. change the process, equ ipment or tools so the risk is reduced 5. Administration controls ie. guidelines, procedures, rosters, training to m inimise the risk 6. Personal protective equipment ie. equipment worn to provide a temporary barrier The employer is obliged to document and audit risk control procedures and present them as part of their WHS report to the clinic and all empl oyees. Risk management procedures need to be fully documen ted and ongoing. Controlling risks for certain hazards will require employers to comply with the specific controls set out in the WHS Regulations. ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 50 of 66 Level 1 control measures “ the most effective control me asure involves eliminating the hazard and associated risk. Level 2 control measures “ if it is not practical to elim inate then you may, substitute the hazard with something safer or isolate the hazard f rom people or use engineering controls. Level 3 control measures “ these control measures do not c ontrol the hazard at the source they rely on human behaviour, use administrative co ntrols or use of PPE. Important note: Recording the risk management process is very impor tant in complying with WHS regulations. A detailed account of the risk assessm ent must be completed and kept as a record every time the process is conducted. The final step is to monitor or review the control s to ensure they remain effective. This should be done at regular intervals during normal operations, at least twice a year on a regular basis. Once procedures are in place it is important to mon itor whether they are effective and whether the employees are following them. Reviewing is way to determine if any changes are required and if there are any gaps that have become apparent. Control/eliminate risk Is the task, object, furniture, product etc necessary? How can the risk be minimized? Record the measures to control the risk Monitor and review ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 51 of 66 By reviewing a policy or procedure it can be seen w hether the decision or process made about the risk is the best way. If not, then an imp roved method could be put into place. A re-evaluation is needed if: There is evidence that the risk assessment is no l onger valid; or If there has been an injury or accident from the h azard that was assessed; or If the work environment or work practices associat ed with the hazard that was assessed have changed. When to do Risk Management Risk Management procedures need to be fully documen ted and ongoing. Hazard identification and assessment needs to occur Before setting up and using a workplace, on moving premises, when any changes are carried out, when work practices change, when a new employee joins the clinic, following an incident report, when there is new equipment or new products, or wh en new knowledge becomes available, ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 52 of 66 Review Questions 1. PCBU under the WHS Act have a responsibility to: a) provide a completely risk free workplace b) request staff provide their own PPE c) ensure the health and safety of all that enter t heir premises d) all of the above 2. Under the WHS Act and Regulations which of the f ollowing provide practical guidance and advice on how to achieve œbest practice in th e workplace: a) Australian Industry Guidelines b) NSW Workplace Guidance Criteria c) Training Needs Analysis d) Codes of Practice 3. In WHS terms, what is ˜a hazard’? 4. Name the four categories which hazards will fal l into in a Complementary Therapies Clinic 5. Name the four steps in the risk management proc ess. 6. A risk that has been assessed as a category 1 si gnifies which of the following: a) there is a very low risk of death b) there is a very high risk of death c) injury may occur but it is unlikely d) none of the above 7. When would you conduct a risk assessment? 8. Who should be involved in a risk assessment? ©Nature Care College Safe Practices Learning Guide Safe Practices Learning Guide “ V3/01/13 Page 53 of 66 WHS MANAGEMENT RISK TO HEALTH AND WELLBEING The purpose of this session is make students aware of different and specific circumstances that apply to a Complementary Therapies Clinic. Learning Outcome(s): Discuss stress as an WHS issue Discuss Occupational Overuse Syndrome Discuss Manual Handling as an WHS issue Discuss issues concerning workplace violence and b ullying Be aware of other health and wellbeing issues such as hazardous substances, psychological factors, occupational disorders, shif t work, working alone and individual workload WHS Management Risk to Health and Wellbeing For a Complementary Therapies Clinic, four main iss ues with health and wellbeing apply in particular. 1. Stress in the workplace 2. Manual Handling 3. Occupational Overuse Syndrome 4. Violence and Bullying in the workplace Stress in the workplace Job stress is defined generally as œthe harmful phy sical and emotional responses that occur when the requirements of the job do not match the c apabilities, resources, or needs of the worker. Job stress can lead to poor health and even injury (NIOSH, 1999). Stress is found in all workplaces, it can have both good and bad effects on individuals, their work performance and their health and well-being. The focus for the employer in controlling or managi ng stress should be in changing the work environment or providing affected employees with he lp to reduce high levels of stress. TO ORDER FOR THIS QUESTION OR A SIMILAR ONE, CLICK THE ORDER NOW BUTTON AND ON THE ORDER FORM, FILL ALL THE REQUIRED DETAILS THEN TRACE THE DISCOUNT CODE, TYPE IT ON THE DISCOUNT BOX AND CLICK ON ˜USE CODE’ TO EFFECT YOUR DISCOUNT. THANK YOU

 

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