Work Health and Safety Responsibilities
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7
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This workplace industry safety presentation is developed and fully
funded by the Mining and Quarrying Occupational Health and
Safety Committee (MAQOHSC).
ISBN 978-1-925361-44-5
2
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(
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.
Although every effort has been made to ensure that the
information in this presentation is complete, current and
accurate, the Mining and Quarrying Occupational Health and
Safety Committee, any agent, author, contributor or the South
Australian Government, does not guarantee that it is so, and
the Committee accepts no responsibility for any loss, damage
or personal injury that may result from the use of any material
which is not complete, current and accurate.
Users should always verify historical material by making and
relying upon their own separate inquiries prior to making any
important decisions or taking any action on the basis of this
information.
3
C
r
e
a
t
i
v
e
C
o
m
m
o
n
s
This creative commons licence allows you to copy, communicate
and or adapt our work for non-commercial purposes only, as long
as you attribute the work to Mining and Quarrying Occupational
Health and Safety Committee and abide by all the other licence
terms therein.
4
S
e
s
s
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o
n
O
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e
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v
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w
Work Health and Safety Legal Framework
PCBU Primary Duty of Care
Management of Risks
Officer Duty
Worker’s Duty of Care
Penalties
Health and Safety Representative’s Role
Managers’, Supervisors’ and Team Leaders’ Duties
Defined Roles and Responsibilities
Mine Holder / Mine Operator Duty
Safety Management Systems for Mines
Liability
Summary
5
W
o
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H
e
a
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t
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a
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d
S
a
f
e
t
y
L
e
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a
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F
r
a
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w
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6
W
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a
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A
c
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2
0
1
2
(
S
A
)
The
Work Health and Safety Act 2012
(SA) provides a framework to protect
the health, safety and welfare of all workers at work and of other people who
might be affected by the work.
T
h
e
A
c
t
a
i
m
s
t
o
:
protect the health and safety of workers and other people by eliminating
or minimising risks
promote information, education and training on work health and safety
and provide effective compliance and enforcement measures
deliver continuous improvement and higher standards of work health and
safety
ensure fair and effective representation, consultation and cooperation to
address and resolve work health and safety issues
encourage unions and employer organisations to take a constructive role
in improving work health and safety practices
assisting businesses and workers to achieve a healthier and safer working
environment.
7
W
o
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k
H
e
a
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t
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a
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d
S
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R
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u
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a
t
i
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n
s
2
0
1
2
(
S
A
)
The
Work Health and Safety Act 2012
(SA)
, state the way in which some duties
under the Act must be met
and
prescribes procedural or administrative
requirements to support the Act
.
T
h
i
s
i
n
c
l
u
d
e
s
b
u
t
i
s
n
o
t
l
i
m
i
t
e
d
t
o
t
h
e
f
o
l
l
o
w
i
n
g
:
A
u
t
h
o
r
i
s
a
t
i
o
n
s
Registration
and
licensing for asbestos removal
and
high risk work
W
o
r
k
p
l
a
c
e
Facilities, first aid and personal protective equipment
C
h
e
m
i
c
a
l
s
Lead, asbestos, labelling, safety data sheets and major hazard facilities
O
t
h
e
r
h
a
z
a
r
d
s
Plant, manual tasks, noise, work at heights, remote
and
isolated work,
confined spaces, electricity
M
i
n
i
n
g
O
p
e
r
a
t
i
o
n
s
Safety management systems, principal mining hazards and emergency
response plans, management of contractors.
8
A
p
p
r
o
v
e
d
C
o
d
e
s
o
f
P
r
a
c
t
i
c
e
Provide practical guidance on how to meet the standards set out in
the Act and Regulations.
C
o
d
e
s
o
f
P
r
a
c
t
i
c
e
:
are a tool to help PCBUs to meet compliance
are admissible in court proceedings as evidence of whether or
not a duty has been complied with
c
an also be referred to by an inspector when issuing an
improvement or prohibition notice.
C
o
m
p
l
i
a
n
c
e
w
i
t
h
C
o
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e
s
o
f
P
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t
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i
s
n
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m
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a
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a
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e
d
b
y
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e
C
o
d
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o
f
P
r
a
c
t
i
c
e
.
9
R
e
a
s
o
n
a
b
l
y
P
r
a
c
t
i
c
a
b
l
e
U
n
d
e
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t
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e
W
o
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H
e
a
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a
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d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
S
e
c
t
i
o
n
1
8
-
W
h
a
t
i
s
“
r
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a
s
o
n
a
b
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p
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”
i
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e
n
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h
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a
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a
f
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?
R
e
a
s
o
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a
b
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p
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a
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a
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e
i
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l
a
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o
n
t
o
a
d
u
t
y
t
o
e
n
s
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h
e
a
l
t
h
a
n
d
s
a
f
e
t
y
,
m
e
a
n
s
:
that which is, or was at a particular time, reasonably able to be
done to ensure health and safety, taking into account and
weighing up all relevant matters.
10
10
R
e
a
s
o
n
a
b
l
y
P
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a
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t
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a
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U
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W
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H
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a
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a
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d
S
a
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t
y
A
c
t
2
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1
2
(
S
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S
e
c
t
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n
1
8
-
W
h
a
t
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s
“
r
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a
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p
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t
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c
a
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”
i
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e
n
s
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i
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g
h
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a
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t
h
a
n
d
s
a
f
e
t
y
?
T
h
i
s
a
l
s
o
i
n
c
l
u
d
e
s
:
the likelihood of the hazard or the risk concerned occurring and the
degree of harm that might result from the hazard or the risk
what the person knows, or should reasonably know, about the hazard or
the risk, and the ways of eliminating or minimising the risk
the availability and suitability of those ways of eliminating or minimising
the risk
after assessing the risk, identifying ways of eliminating or minimising the
risk and the costs, including whether the cost is grossly disproportionate
to
the risk.
11
11
P
e
r
s
o
n
C
o
n
d
u
c
t
i
n
g
B
u
s
i
n
e
s
s
o
r
U
n
d
e
r
t
a
k
i
n
g
U
n
d
e
r
t
h
e
W
o
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k
H
e
a
l
t
h
a
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d
S
a
f
e
t
y
A
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t
2
0
1
2
(
S
A
)
S
e
c
t
i
o
n
5
-
M
e
a
n
i
n
g
o
f
p
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s
o
n
c
o
n
d
u
c
t
i
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g
a
b
u
s
i
n
e
s
s
o
r
u
n
d
e
r
t
a
k
i
n
g
(
e
m
p
l
o
y
e
r
)
T
h
e
d
e
f
i
n
i
t
i
o
n
o
f
a
p
e
r
s
o
n
c
o
n
d
u
c
t
i
n
g
a
b
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s
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s
s
o
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u
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d
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r
t
a
k
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g
(
P
C
B
U
)
m
e
a
n
s
a
p
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r
s
o
n
c
o
n
d
u
c
t
s
a
b
u
s
i
n
e
s
s
o
r
u
n
d
e
r
t
a
k
i
n
g
:
w
hether the person conducts the business or undertaking alone or with
others
w
hether or not the business or undertaking is conducted for profit or
gain.
This includes a business or undertaking conducted by a partnership or an
unincorporated association.
12
12
P
C
B
U
P
r
i
m
a
r
y
D
u
t
y
o
f
C
a
r
e
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
S
e
c
t
i
o
n
1
9
-
P
r
i
m
a
r
y
D
u
t
y
o
f
C
a
r
e
A
P
C
B
U
m
u
s
t
e
n
s
u
r
e
,
s
o
f
a
r
a
s
i
s
r
e
a
s
o
n
a
b
l
y
p
r
a
c
t
i
c
a
b
l
e
,
t
h
e
h
e
a
l
t
h
a
n
d
s
a
f
e
t
y
o
f
:
workers engaged, or caused to be engaged
workers whose activities in carrying out work are influenced or directed
while the workers are at work
other persons (visitors and volunteers) are not put at risk from work
carried out as part of the business activities.
13
13
P
C
B
U
P
r
i
m
a
r
y
D
u
t
y
o
f
C
a
r
e
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
S
e
c
t
i
o
n
1
9
-
P
r
i
m
a
r
y
D
u
t
y
o
f
C
a
r
e
A
P
C
B
U
m
u
s
t
e
n
s
u
r
e
,
s
o
f
a
r
a
s
i
s
r
e
a
s
o
n
a
b
l
y
p
r
a
c
t
i
c
a
b
l
e
,
t
h
e
p
r
o
v
i
s
i
o
n
a
n
d
m
a
i
n
t
e
n
a
n
c
e
o
f
:
a work environment without risks to health and safety
safe plant, structures
and
safe systems of work
the safe use, handling
and
storage of plant, structures
and
substances
adequate facilities to support the welfare of workers
monitoring of the health of workers
and
conditions at the workplace to
prevent illness or injury of workers
any information, training, instruction or supervision that is necessary to
protect all persons from risks to their health
and
safety.
14
14
O
f
f
i
c
e
r
s
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
S
e
c
t
i
o
n
2
7
-
O
f
f
i
c
e
r
s
T
h
e
d
e
f
i
n
i
t
i
o
n
o
f
a
n
“
o
f
f
i
c
e
r
”
m
e
a
n
s
:
a director or secretary of the corporation
a person who makes or participates in making decisions that affect the
whole or a substantial part of the business of the corporation
a person who has the capacity to affect significantly the corporation’s
financial standing.
The term “Officer” comes from Section 9 of the
Commonwealth Corporations
Act 2001
.
15
15
O
f
f
i
c
e
r
s
D
u
t
y
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
S
e
c
t
i
o
n
2
7
-
O
f
f
i
c
e
r
s
O
f
f
i
c
e
r
s
m
u
s
t
t
a
k
e
a
l
l
r
e
a
s
o
n
a
b
l
e
s
t
e
p
s
t
o
e
n
s
u
r
e
t
h
e
P
C
B
U
u
s
e
s
a
n
d
a
p
p
l
i
e
s
:
appropriate resources
policies and
procedures
health
and
safety practices in the workplace.
If a person is responsible only for implementing those decisions,
they are not considered an officer.
16
16
P
C
B
U
D
u
t
y
t
o
M
a
n
a
g
e
R
i
s
k
s
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
g
u
l
a
t
i
o
n
s
2
0
1
2
(
S
A
)
R
e
g
u
l
a
t
i
o
n
3
4
-
D
u
t
y
t
o
i
d
e
n
t
i
f
y
h
a
z
a
r
d
s
A
P
C
B
U
d
u
t
y
h
o
l
d
e
r
,
i
n
m
a
n
a
g
i
n
g
r
i
s
k
s
t
o
h
e
a
l
t
h
a
n
d
s
a
f
e
t
y
,
m
u
s
t
:
identify reasonably foreseeable hazards that could give rise to risks to
health and safety
.
R
e
g
u
l
a
t
i
o
n
3
5
-
M
a
n
a
g
i
n
g
r
i
s
k
s
t
o
h
e
a
l
t
h
a
n
d
s
a
f
e
t
y
A
P
C
B
U
d
u
t
y
h
o
l
d
e
r
,
i
n
m
a
n
a
g
i
n
g
r
i
s
k
s
t
o
h
e
a
l
t
h
a
n
d
s
a
f
e
t
y
,
m
u
s
t
:
eliminate risks to health and safety so far as is reasonably practicable;
and
if it is not reasonably practicable to eliminate risks to health and
safety, minimise
those risks so far as is reasonably practicable.
17
17
P
C
B
U
D
u
t
y
t
o
M
a
n
a
g
e
R
i
s
k
s
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
g
u
l
a
t
i
o
n
s
2
0
1
2
(
S
A
)
R
e
g
u
l
a
t
i
o
n
3
6
-
H
i
e
r
a
r
c
h
y
o
f
c
o
n
t
r
o
l
m
e
a
s
u
r
e
s
I
f
i
t
i
s
n
o
t
r
e
a
s
o
n
a
b
l
y
p
r
a
c
t
i
c
a
b
l
e
f
o
r
a
d
u
t
y
h
o
l
d
e
r
t
o
e
l
i
m
i
n
a
t
e
r
i
s
k
s
t
o
h
e
a
l
t
h
a
n
d
s
a
f
e
t
y
,
a
d
u
t
y
h
o
l
d
e
r
m
u
s
t
i
m
p
l
e
m
e
n
t
r
i
s
k
c
o
n
t
r
o
l
m
e
a
s
u
r
e
s
b
y
d
o
i
n
g
o
n
e
o
r
m
o
r
e
o
f
t
h
e
f
o
l
l
o
w
i
n
g
:
substituting (wholly or partly) the hazard giving rise to the risk with
something that gives rise to a lesser risk
isolating the hazard from any person exposed to
it
implementing engineering
controls.
If a risk then remains, the duty holder must minimise the remaining risk,
so far as is reasonably practicable, by implementing administrative
controls and
, if a risk
then remains, by ensuring the provision and use of
suitable personal protective equipment.
18
18
W
o
r
k
e
r
s
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
S
e
c
t
i
o
n
8
&
2
8
–
W
o
r
k
e
r
s
T
h
e
d
e
f
i
n
i
t
i
o
n
o
f
a
“
w
o
r
k
e
r
”
:
m
e
a
n
s
a
p
e
r
s
o
n
w
h
o
c
a
r
r
i
e
s
o
u
t
w
o
r
k
i
n
a
n
y
c
a
p
a
c
i
t
y
f
o
r
a
P
C
B
U
.
The definition of a Worker has been expanded to include contractors
and
others whose work environment a PCBU has the capacity to control – this
includes an employee of a labour hire company, an apprentice or trainee,
work experience student or volunteer.
Managers, supervisors
and
team leaders
are also deemed to be workers!
19
19
W
o
r
k
e
r
s
D
u
t
y
o
f
C
a
r
e
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
S
e
c
t
i
o
n
2
8
-
W
o
r
k
e
r
s
W
o
r
k
e
r
s
h
a
v
e
a
d
u
t
y
a
n
d
o
b
l
i
g
a
t
i
o
n
t
o
:
take reasonable care that
his or her acts or omissions
(actions or words)
do not adversely affect the health and safety of other persons
comply, so far as the worker is reasonably able, with any reasonable
instruction designed to protect their health and safety and that of any
other persons while at work
co-operate with any reasonable policy or procedure relating to health or
safety at the workplace that they have been notified of.
20
20
P
e
n
a
l
t
i
e
s
C
a
t
e
g
o
r
y
1
–
f
o
r
r
e
c
k
l
e
s
s
c
o
n
d
u
c
t
t
h
a
t
e
x
p
o
s
e
s
a
n
i
n
d
i
v
i
d
u
a
l
t
o
a
r
i
s
k
o
f
d
e
a
t
h
o
r
s
e
r
i
o
u
s
i
n
j
u
r
y
o
r
i
l
l
n
e
s
s
t
h
a
t
i
s
e
n
g
a
g
e
d
i
n
w
i
t
h
o
u
t
r
e
a
s
o
n
a
b
l
e
e
x
c
u
s
e
C
a
t
e
g
o
r
y
2
–
f
a
i
l
u
r
e
t
o
c
o
m
p
l
y
w
i
t
h
a
h
e
a
l
t
h
a
n
d
s
a
f
e
t
y
d
u
t
y
t
h
a
t
e
x
p
o
s
e
s
a
n
i
n
d
i
v
i
d
u
a
l
t
o
a
r
i
s
k
o
f
d
e
a
t
h
o
r
s
e
r
i
o
u
s
i
n
j
u
r
y
o
r
i
l
l
n
e
s
s
C
a
t
e
g
o
r
y
3
–
f
a
i
l
u
r
e
t
o
c
o
m
p
l
y
w
i
t
h
a
h
e
a
l
t
h
a
n
d
s
a
f
e
t
y
d
u
t
y
21
21
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
p
r
e
s
e
n
t
a
t
i
v
e
s
(
H
S
R
)
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
A work group must be established by a PCBU when a worker(s)
reques
ts
that an
Health and Safety Representative be elected.
A
w
o
r
k
g
r
o
u
p
(
s
)
m
u
s
t
b
e
f
o
r
m
e
d
a
f
t
e
r
c
o
n
s
u
l
t
a
t
i
o
n
b
e
t
w
e
e
n
t
h
e
P
C
B
U
a
n
d
t
h
e
w
o
r
k
e
r
(
s
)
.
The PCBU must provide any resources, facilities
and
assistance that
are reasonably necessary or that are approved by legislation to
enable elections to be conducted.
22
22
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
p
r
e
s
e
n
t
a
t
i
v
e
s
(
H
S
R
)
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
S
e
c
t
i
o
n
6
6
-
I
m
m
u
n
i
t
y
o
f
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
p
r
e
s
e
n
t
a
t
i
v
e
s
A
h
e
a
l
t
h
a
n
d
s
a
f
e
t
y
r
e
p
r
e
s
e
n
t
a
t
i
v
e
i
s
n
o
t
p
e
r
s
o
n
a
l
l
y
l
i
a
b
l
e
f
o
r
a
n
y
t
h
i
n
g
d
o
n
e
o
r
s
a
i
d
t
o
b
e
d
o
n
e
i
n
g
o
o
d
f
a
i
t
h
:
in exercising a power or performing a function under the Act; or
in the reasonable belief that the thing was done or said to be done in the
exercise of a power or the performance of a function under the Act.
23
23
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
p
r
e
s
e
n
t
a
t
i
v
e
s
(
H
S
R
)
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
S
e
c
t
i
o
n
6
8
–
P
o
w
e
r
s
a
n
d
F
u
n
c
t
i
o
n
s
o
f
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
p
r
e
s
e
n
t
a
t
i
v
e
s
T
h
e
p
o
w
e
r
s
a
n
d
f
u
n
c
t
i
o
n
s
o
f
a
h
e
a
l
t
h
a
n
d
s
a
f
e
t
y
r
e
p
r
e
s
e
n
t
a
t
i
v
e
f
o
r
a
w
o
r
k
g
r
o
u
p
a
r
e
:
to represent the workers in the work group in matters relating to work
health and safety
to monitor the measures taken by the PCBU, or that person's
representative, in compliance with the Act in relation to workers in the work
group
investigate complaints from members of the work group relating to work
health
and
safety
to inquire into anything that appears to be a risk to the health or safety of
workers in the work group.
24
24
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
p
r
e
s
e
n
t
a
t
i
v
e
s
(
H
S
R
)
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
S
e
c
t
i
o
n
6
8
-
P
o
w
e
r
s
a
n
d
F
u
n
c
t
i
o
n
s
o
f
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
p
r
e
s
e
n
t
a
t
i
v
e
s
I
n
e
x
e
r
c
i
s
i
n
g
a
p
o
w
e
r
o
r
p
e
r
f
o
r
m
i
n
g
a
f
u
n
c
t
i
o
n
,
t
h
e
H
S
R
m
a
y
:
inspect the workplace or any part of the workplace at which a worker in
the work group works at any time, after giving reasonable notice to the
PCBU at that workplace, or without notice in the event of an incident or
any situation involving a serious risk to the health or safety of a person
where there is an immediate or imminent exposure to a hazard
accompany an inspector during an inspection of the workplace
with the consent of a worker(s) that the HSR represents, be present at an
interview concerning work health and safety between the worker or a
group of workers and an inspector, PCBU and the person's representative
request work to cease that places imminent
and
serious risks to workers
health
and
safety.
25
25
M
a
n
a
g
e
r
s
,
S
u
p
e
r
v
i
s
o
r
s
a
n
d
T
e
a
m
L
e
a
d
e
r
D
u
t
i
e
s
Managers, supervisors
and
team leaders often share the same
responsibilities for work health and safety.
T
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
A
c
t
2
0
1
2
(
S
A
)
s
t
a
t
e
s
t
h
a
t
e
a
c
h
d
u
t
y
h
o
l
d
e
r
m
u
s
t
c
o
m
p
l
y
w
i
t
h
t
h
a
t
d
u
t
y
t
o
t
h
e
s
t
a
n
d
a
r
d
r
e
q
u
i
r
e
d
b
y
t
h
i
s
A
c
t
e
v
e
n
i
f
a
n
o
t
h
e
r
d
u
t
y
h
o
l
d
e
r
h
a
s
t
h
e
s
a
m
e
d
u
t
y
.
I
f
m
o
r
e
t
h
a
n
o
n
e
p
e
r
s
o
n
h
a
s
a
d
u
t
y
f
o
r
t
h
e
s
a
m
e
m
a
t
t
e
r
,
e
a
c
h
p
e
r
s
o
n
:
retains responsibility for the person’s duty; and
must discharge their duty to the extent to which the person has the
capacity to influence
and
control the matter or would have had that
capacity but for an agreement or arrangement purporting to limit or
remove that capacity.
26
26
D
e
f
i
n
e
d
R
o
l
e
s
a
n
d
R
e
s
p
o
n
s
i
b
i
l
i
t
i
e
s
Having clearly defined roles and responsibilities means everyone knows
what is expected
and
how they can contribute.
PCBU, management, supervisors and
workers (including contractors)
should be able to locate their work health and safety roles
and
responsibilities in the following documents:
Employment agreements
Job descriptions
Works contracts
Inductions
Workplace policies, procedures
and
work instructions
Safe Work Method Statements
Performance management criteria.
27
27
M
i
n
e
H
o
l
d
e
r
/
M
i
n
e
O
p
e
r
a
t
o
r
28
28
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
g
u
l
a
t
i
o
n
s
2
0
1
2
(
S
A
)
,
C
h
a
p
t
e
r
1
0
–
M
i
n
e
s
T
h
e
m
i
n
e
h
o
l
d
e
r
i
s
t
h
e
:
m
ine operator unless they appoint another PCBU to be the mine
operator
PCBU with control over a right or entitlement to carry out mining
operations at the mine (primary duty holder).
A
r
e
f
e
r
e
n
c
e
t
o
a
P
C
B
U
a
t
a
m
i
n
e
r
e
f
e
r
s
t
o
t
h
e
m
i
n
e
o
p
e
r
a
t
o
r
o
r
m
i
n
e
h
o
l
d
e
r
o
f
t
h
e
m
i
n
e
a
n
d
t
h
e
r
e
f
o
r
e
t
h
e
m
i
n
e
o
p
e
r
a
t
o
r
o
r
m
i
n
e
h
o
l
d
e
r
w
i
l
l
a
l
s
o
h
a
v
e
d
u
t
i
e
s
u
n
d
e
r
t
h
e
f
o
l
l
o
w
i
n
g
s
e
c
t
i
o
n
s
o
f
t
h
e
A
c
t
:
Section
19 - Primary duty of care
Section
20 - Duty of PCBUs involving management or control of
workplaces
Section
21 - Duty of PCBUs involving management or control of
fixtures, fittings or plant at workplaces.
S
a
f
e
t
y
M
a
n
a
g
e
m
e
n
t
S
y
s
t
e
m
s
f
o
r
M
i
n
e
s
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
g
u
l
a
t
i
o
n
s
2
0
1
2
(
S
A
)
,
c
h
a
p
t
e
r
1
0
-
M
i
n
e
s
R
e
g
u
l
a
t
i
o
n
6
2
1
-
D
u
t
y
t
o
E
s
t
a
b
l
i
s
h
a
n
d
I
m
p
l
e
m
e
n
t
S
a
f
e
t
y
M
a
n
a
g
e
m
e
n
t
S
y
s
t
e
m
(
S
M
S
)
29
29
S
a
f
e
t
y
M
a
n
a
g
e
m
e
n
t
S
y
s
t
e
m
s
f
o
r
M
i
n
e
s
U
n
d
e
r
t
h
e
W
o
r
k
H
e
a
l
t
h
a
n
d
S
a
f
e
t
y
R
e
g
u
l
a
t
i
o
n
s
2
0
1
2
(
S
A
)
R
e
g
u
l
a
t
i
o
n
6
2
2
-
C
o
n
t
e
n
t
o
f
S
a
f
e
t
y
M
a
n
a
g
e
m
e
n
t
S
y
s
t
e
m
30
30
S
a
f
e
t
y
M
a
n
a
g
e
m
e
n
t
S
y
s
t
e
m
s
f
o
r
M
i
n
e
s
A
safety management system (SMS)
for a mine is the primary means of
ensuring the safe operation of a mine. It brings together a number of
procedures and policies to ensure it is comprehensive enough to suit
the risks and complexity of the mine operations.
It is a tool that enables a mine operator to follow a process that will
assist them in systematically achieving and maintaining the required
level of health and safety.
A
safety management system also allows the mine operator to
demonstrate the management of health and safety on site:
to other persons, in particular, contractors or other persons
conducting a business or undertaking working at the mine site
when seeking certification with an external organisation, and
when
assessing the mine systems against recognised industry
standards.
31
31
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:
Your
qualifications (what you should know or ought to know)
Training
Level of experience
Knowledge of the workplace and processes
The specific work health and safety responsibilities
and
authorities
as described in position descriptions
and
workplace policies and
procedures.
32
32
S
u
m
m
a
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y
P
C
B
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s
Have primary duty of care to all workers on site by providing a
working
environment without risks to health and safety
O
f
f
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c
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s
Ensure the
PCBU uses
and
applies appropriate resources, policies,
procedures and health
and
safety practices in the workplace
M
a
n
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g
e
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s
Are responsible and accountable for the implementation and
performance of the business
and
management systems within their
areas of responsibility
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Are responsible for the day to day operations to ensure workers are
adequately supervised
and
working safely
W
o
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k
e
r
s
Follow any reasonable instruction
and do
not place themselves or any
one else at risk of injury through
their acts or omissions
(actions or
words)
33
33
F
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t
h
e
r
A
s
s
i
s
t
a
n
c
e
MAQOHSC Work Health and Safety Specialists are available to
provide further on-site support and assistance on all Work Health
and Safety matters.
MAQOHSC Work Health and Safety Specialists can be contacted
via our
online support request form
available on our website at
www.maqohsc.sa.gov.au
or email
maqohsc@sa.gov.au
.
W
o
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k
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h
e
f
o
l
l
o
w
i
n
g
w
e
b
s
i
t
e
s
:
SafeWork SA –
www.safework.sa.gov.au
or call 1300 365 255
Safe Work Australia –
www.safeworkaustralia.gov.au
or call
1300 551 832
34
34
"Promoting work health and safety in the mining and quarrying industry through a comprehensive presentation funded by the MAQOHSC. This informative session covers legal frameworks, duties, responsibilities, and liabilities in accordance with the WHS Act 2012 (SA). Discover key aspects of WHS regulations, codes of practice, and safety management systems for mines, emphasizing a culture of safety and risk management for all stakeholders involved."
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Presentation Transcript
Work Health and Safety Responsibilities April 2017
The Mining and Quarrying Occupational Health and Safety Committee Promoting Work Health and Safety in the Workplace This workplace industry safety presentation is developed and fully funded by the Mining and Quarrying Occupational Health and Safety Committee (MAQOHSC). ISBN 978-1-925361-44-5 2
Disclaimer IMPORTANT: The information in this presentation is of a general nature, and should not be relied upon as individual professional advice. If necessary, legal advice should be obtained from a legal practitioner with expertise in the field of Work Health and Safety law (SA). Although every effort has been made to ensure that the information in this presentation is complete, current and accurate, the Mining and Quarrying Occupational Health and Safety Committee, any agent, author, contributor or the South Australian Government, does not guarantee that it is so, and the Committee accepts no responsibility for any loss, damage or personal injury that may result from the use of any material which is not complete, current and accurate. Users should always verify historical material by making and relying upon their own separate inquiries prior to making any important decisions or taking any action on the basis of this information. 3
Creative Commons This work is licenced under Creative Commons Attribution Non Commercial 4.0 International Licence. The licence is available to view at http://creativecommons.org/licenses/by-nc/4.0/ This creative commons licence allows you to copy, communicate and or adapt our work for non-commercial purposes only, as long as you attribute the work to Mining and Quarrying Occupational Health and Safety Committee and abide by all the other licence terms therein. 4
Session Overview Work Health and Safety Legal Framework PCBU Primary Duty of Care Management of Risks Officer Duty Worker s Duty of Care Penalties Health and Safety Representative s Role Managers , Supervisors and Team Leaders Duties Defined Roles and Responsibilities Mine Holder / Mine Operator Duty Safety Management Systems for Mines Liability Summary 5
Work Health and Safety Legal Framework WHS Act 2012 (SA) Work Health and Safety Regulations 2012 (SA) Codes of Practice 6
Work Health and Safety Act 2012 (SA) The Work Health and Safety Act 2012 (SA) provides a framework to protect the health, safety and welfare of all workers at work and of other people who might be affected by the work. The Act aims to: protect the health and safety of workers and other people by eliminating or minimising risks promote information, education and training on work health and safety and provide effective compliance and enforcement measures deliver continuous improvement and higher standards of work health and safety ensure fair and effective representation, consultation and cooperation to address and resolve work health and safety issues encourage unions and employer organisations to take a constructive role in improving work health and safety practices assisting businesses and workers to achieve a healthier and safer working environment. 7
Work Health and Safety Regulations 2012 (SA) The Work Health and Safety Act 2012 (SA), state the way in which some duties under the Act must be met and prescribes procedural or administrative requirements to support the Act. This includes but is not limited to the following: Authorisations Registration and licensing for asbestos removal and high risk work Workplace Facilities, first aid and personal protective equipment Chemicals Lead, asbestos, labelling, safety data sheets and major hazard facilities Other hazards Plant, manual tasks, noise, work at heights, remote and isolated work, confined spaces, electricity Mining Operations Safety management systems, principal mining hazards and emergency response plans, management of contractors. 8
Approved Codes of Practice Provide practical guidance on how to meet the standards set out in the Act and Regulations. Codes of Practice: are a tool to help PCBUs to meet compliance are admissible in court proceedings as evidence of whether or not a duty has been complied with can also be referred to by an inspector when issuing an improvement or prohibition notice. Compliance with Codes of Practice is not mandatory providing that any other method used provides an equivalent or higher standard of work health and safety than suggested by the Code of Practice. 9
Reasonably Practicable Under the Work Health and Safety Act 2012 (SA) Section 18 - What is reasonably practicable in ensuring health and safety? Reasonably practicablein relation to a duty to ensure health and safety, means: that which is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters. 10
Reasonably Practicable Under the Work Health and Safety Act 2012 (SA) Section 18 - What is reasonably practicable in ensuring health and safety? This also includes: the likelihood of the hazard or the risk concerned occurring and the degree of harm that might result from the hazard or the risk what the person knows, or should reasonably know, about the hazard or the risk, and the ways of eliminating or minimising the risk the availability and suitability of those ways of eliminating or minimising the risk after assessing the risk, identifying ways of eliminating or minimising the risk and the costs, including whether the cost is grossly disproportionate to the risk. 11
Person Conducting Business or Undertaking Under the Work Health and Safety Act 2012 (SA) Section 5 - Meaning of person conducting a business or undertaking (employer) The definition of a person conducting a business or undertaking (PCBU) means a person conducts a business or undertaking: whether the person conducts the business or undertaking alone or with others whether or not the business or undertaking is conducted for profit or gain. This includes a business or undertaking conducted by a partnership or an unincorporated association. 12
PCBU Primary Duty of Care Under the Work Health and Safety Act 2012 (SA) Section 19 - Primary Duty of Care A PCBU must ensure, so far as is reasonably practicable, the health and safety of: workers engaged, or caused to be engaged workers whose activities in carrying out work are influenced or directed while the workers are at work other persons (visitors and volunteers) are not put at risk from work carried out as part of the business activities. 13
PCBU Primary Duty of Care Under the Work Health and Safety Act 2012 (SA) Section 19 - Primary Duty of Care A PCBU must ensure, so far as is reasonably practicable, the provision and maintenance of: a work environment without risks to health and safety safe plant, structures and safe systems of work the safe use, handling and storage of plant, structures and substances adequate facilities to support the welfare of workers monitoring of the health of workers and conditions at the workplace to prevent illness or injury of workers any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety. 14
Officers Under the Work Health and Safety Act 2012 (SA) Section 27 - Officers The definition of an officer means: a director or secretary of the corporation a person who makes or participates in making decisions that affect the whole or a substantial part of the business of the corporation a person who has the capacity to affect significantly the corporation s financial standing. The term Officer comes from Section 9 of the Commonwealth Corporations Act 2001. 15
Officers Duty Under the Work Health and Safety Act 2012 (SA) Section 27 - Officers Officers must take all reasonable steps to ensure the PCBU uses and applies: appropriate resources policies and procedures health and safety practices in the workplace. If a person is responsible only for implementing those decisions, they are not considered an officer. 16
PCBU Duty to Manage Risks Under the Work Health and Safety Regulations 2012 (SA) Regulation 34 - Duty to identify hazards A PCBU duty holder, in managing risks to health and safety, must: identify reasonably foreseeable hazards that could give rise to risks to health and safety. Regulation 35 - Managing risks to health and safety A PCBU duty holder, in managing risks to health and safety, must: eliminate risks to health and safety so far as is reasonably practicable; and if it is not reasonably practicable to eliminate risks to health and safety, minimise those risks so far as is reasonably practicable. 17
PCBU Duty to Manage Risks Under the Work Health and Safety Regulations 2012 (SA) Regulation 36 - Hierarchy of control measures If it is not reasonably practicable for a duty holder to eliminate risks to health and safety, a duty holder must implement risk control measures by doing one or more of the following: substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk isolating the hazard from any person exposed to it implementing engineering controls. If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls and, if a risk then remains, by ensuring the provision and use of suitable personal protective equipment. 18
Workers Under the Work Health and Safety Act 2012 (SA) Section 8 & 28 Workers The definition of a worker : meansa person who carries out work in any capacity for a PCBU. The definition of a Worker has been expanded to include contractors and others whose work environment a PCBU has the capacity to control this includes an employee of a labour hire company, an apprentice or trainee, work experience student or volunteer. Managers, supervisors and team leaders are also deemed to be workers! 19
Workers Duty of Care Under the Work Health and Safety Act 2012 (SA) Section 28 - Workers Workers have a duty and obligation to: take reasonable care that his or her acts or omissions(actions or words) do not adversely affect the health and safety of other persons comply, so far as the worker is reasonably able, with any reasonable instruction designed to protect their health and safety and that of any other persons while at work co-operate with any reasonable policy or procedure relating to health or safety at the workplace that they have been notified of. 20
Penalties Category 1 for reckless conduct that exposes an individual to a risk of death or serious injury or illness that is engaged in without reasonable excuse Category 2 failure to comply with a health and safety duty that exposes an individual to a risk of death or serious injury or illness Category 3 failure to comply with a health and safety duty Duty Holder Category 1 Category 2 Category 3 $300,000 or 5 years imprisonment Individual worker or other person at the workplace $150,000 $50,000 $600,000 or 5 years imprisonment Individual PCBUs or officers $300,000 $100,000 Body Corporate or Government body $3,000,000 $1,500,000 $500,000 21
Health and Safety Representatives (HSR) Under the Work Health and Safety Act 2012 (SA) A work group must be established by a PCBU when a worker(s) requests that an Health and Safety Representative be elected. A work group(s) must be formed after consultation between the PCBU and the worker(s). The PCBU must provide any resources, facilities and assistance that are reasonably necessary or that are approved by legislation to enable elections to be conducted. 22
Health and Safety Representatives (HSR) Under the Work Health and Safety Act 2012 (SA) Section 66 - Immunity of Health and Safety Representatives A health and safety representative is not personally liable for anything done or said to be done in good faith: in exercising a power or performing a function under the Act; or in the reasonable belief that the thing was done or said to be done in the exercise of a power or the performance of a function under the Act. 23
Health and Safety Representatives (HSR) Under the Work Health and Safety Act 2012 (SA) Section 68 Powers and Functions of Health and Safety Representatives The powers and functions of a health and safety representative for a work group are: to represent the workers in the work group in matters relating to work health and safety to monitor the measures taken by the PCBU, or that person's representative, in compliance with the Act in relation to workers in the work group investigate complaints from members of the work group relating to work health and safety to inquire into anything that appears to be a risk to the health or safety of workers in the work group. 24
Health and Safety Representatives (HSR) Under the Work Health and Safety Act 2012 (SA) Section 68 - Powers and Functions of Health and Safety Representatives In exercising a power or performing a function, the HSR may: inspect the workplace or any part of the workplace at which a worker in the work group works at any time, after giving reasonable notice to the PCBU at that workplace, or without notice in the event of an incident or any situation involving a serious risk to the health or safety of a person where there is an immediate or imminent exposure to a hazard accompany an inspector during an inspection of the workplace with the consent of a worker(s) that the HSR represents, be present at an interview concerning work health and safety between the worker or a group of workers and an inspector, PCBU and the person's representative request work to cease that places imminent and serious risks to workers health and safety. 25
Managers, Supervisors and Team Leader Duties Managers, supervisors and team leaders often share the same responsibilities for work health and safety. The Work Health and Safety Act 2012 (SA) states that each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty. If more than one person has a duty for the same matter, each person: retains responsibility for the person s duty; and must discharge their duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. 26
Defined Roles and Responsibilities Having clearly defined roles and responsibilities means everyone knows what is expected and how they can contribute. PCBU, management, supervisors and workers (including contractors) should be able to locate their work health and safety roles and responsibilities in the following documents: Employment agreements Job descriptions Works contracts Inductions Workplace policies, procedures and work instructions Safe Work Method Statements Performance management criteria. 27
Mine Holder / Mine Operator Work Health and Safety Regulations 2012 (SA), Chapter 10 Mines The mine holder is the: mine operator unless they appoint another PCBU to be the mine operator PCBU with control over a right or entitlement to carry out mining operations at the mine (primary duty holder). A reference to a PCBU at a mine refers to the mine operator or mine holder of the mine and therefore the mine operator or mine holder will also have duties under the following sections of the Act: Section 19 - Primary duty of care Section 20 - Duty of PCBUs involving management or control of workplaces Section 21 - Duty of PCBUs involving management or control of fixtures, fittings or plant at workplaces. 28
Safety Management Systems for Mines Work Health and Safety Regulations 2012 (SA), chapter 10 - Mines Regulation 621 - Duty to Establish and Implement Safety Management System (SMS) Used as primary means of ensuring health & safety or workers & others Documented, readily available & understandable Part of overall management system Contents as specified in 622 Appropriate to nature & complexity of the mine Maintained to ensure effectiveness Reviewed at least every 3 years & sooner to remain effective Comprehensive & integrated Safety Mine operator must establish & implement an SMS Sufficient to refer to a plan/ document if already addressed Management System Regulation 621 29
Safety Management Systems for Mines Under the Work Health and Safety Regulations 2012 (SA) Regulation 622 - Content of Safety Management System Principal Mining Hazard Management Plans Ventilation Control Plan & Ventilation Plan Specific Control Measures Mine Survey Plan Withdrawal situations Emergency Plan Notifications Worker & Contractor Management Risk Management Safety Management System Performance Standards & Audit Health & Safety Policy Regulation 622 30
Safety Management Systems for Mines A safety management system (SMS) for a mine is the primary means of ensuring the safe operation of a mine. It brings together a number of procedures and policies to ensure it is comprehensive enough to suit the risks and complexity of the mine operations. It is a tool that enables a mine operator to follow a process that will assist them in systematically achieving and maintaining the required level of health and safety. A safety management system also allows the mine operator to demonstrate the management of health and safety on site: to other persons, in particular, contractors or other persons conducting a business or undertaking working at the mine site when seeking certification with an external organisation, and when assessing the mine systems against recognised industry standards. 31
Liability Question: What are the limits of your liability? Answer: Your liability extends to the following: Your qualifications (what you should know or ought to know) Training Level of experience Knowledge of the workplace and processes The specific work health and safety responsibilities and authorities as described in position descriptions and workplace policies and procedures. 32
Summary PCBUs Have primary duty of care to all workers on site by providing a working environment without risks to health and safety Officers Ensure the PCBU uses and applies appropriate resources, policies, procedures and health and safety practices in the workplace Managers Are responsible and accountable for the implementation and performance of the business and management systems within their areas of responsibility Supervisors and team leaders Are responsible for the day to day operations to ensure workers are adequately supervised and working safely Workers Follow any reasonable instruction and do not place themselves or any one else at risk of injury through their acts or omissions(actions or words) 33
Further Assistance MAQOHSC Work Health and Safety Specialists are available to provide further on-site support and assistance on all Work Health and Safety matters. MAQOHSC Work Health and Safety Specialists can be contacted via our online support request form available on our website at www.maqohsc.sa.gov.au or email maqohsc@sa.gov.au. Work Health and Safety Legislation, Codes of Practice, fact sheets, Health and Safety Representatives (HSR) information and guides can be found at the following websites: SafeWork SA www.safework.sa.gov.au or call 1300 365 255 Safe Work Australia www.safeworkaustralia.gov.au or call 1300 551 832 34
