Summary of the OHS Legislation

Transcription

1 Summary of the OHS Legislation School of Aerospace, Mechanical and Mechatronic Engineering 1 New OHS Legislation There is new legislation covering occupational health and safety (OHS) in NSW. To date, the new legislation consists of two parts: the Act (the Occupational Health and Safety Act 2000) and an accompanying Regulation (the Occupational Health and Safety Regulation 2001). This legislation repeals the Occupational Health and Safety Act 1983, and therefore replaces and consolidates most of the prior OHS legislation in NSW. There are two exceptions: most of the new legislation does not apply to mines, and existing legislation applying to shops remains in force in addition to the new legislation. The new legislation applies to all workplaces in the State, and covers both employees and all others who are legally at the workplace. The legislation comes into force on 1 September 2002, and has severe penalties for non-compliance. A companion document Structures and Procedures for OHS Risk Management that describes risk management and incident reporting within the School is available through the School web site, 2 Requirements of the Legislation The new legislation requires that a risk management approach to workplace safety be taken, and that the approach involves all employees. Risk management involves identifying risks, controlling them, and periodically reviewing the effectiveness of the controls that have been put in place. There are specific requirements for consultation between the employer and the employees at all stages of the risk management process. The legislation continues to require the employer to be responsible for OHS in the workplace, and for the implementation of measures to ensure a safe workplace. 2.1 Interpretation Both the Act and the Regulation refer to a employer, to the occupier of premises, and to the controller of premises. In my opinion, when referring to the School these terms should be interpreted as follows The employer is almost certainly the Head of School, and may extend to the Manager of a workgroup within the School; The occupier of premises is likely to be the Head of School, but may be the Pro-vice Chancellor, College of Sciences and Technology; The controller of premises is likely to be the PVC CST, but may be the Head of School. Any definitive interpretation must be left to the judgement of a court. File: OHS Legislation Summary.doc Created: DCR, 29/08/2002 4:56 PM Saved: 2/09/ :05 PM Printed: 3/09/ :30 AM

2 2.2 Disclaimer The remainder of this section outlines the legislation likely to be relevant to the School, at a level of detail sufficient only to alert people to the existence of a requirement. It is not an authoritative summary, and should not be relied upon. References to a chapter refer to chapters in the Regulation, unless otherwise noted. 2.3 Chapter 2: Risk Management Approach Employers are required (Chapter 2) to Identify hazards in the workplace; Assess the risk arising from each identified hazard, and determine reasonably practicable methods for eliminating or controlling the risk; Review the assessments of risks and the effectiveness of risk control measures; Provide OHS instruction, training and information; Provide for emergencies, first aid, and provide personal protective equipment. Regardless of the requirement to consult, it is the responsibility of the employer to decide on the risk controls that will be implemented. 2.4 Chapter 3: Requirement to Consult Employers are required to consult (Chapter 3) with employees regarding matters that affect their health, safety and welfare at work. Consultation must include Sharing of relevant information; Opportunity for employees to express their views; The taking into account of those views by the employer. Consultation is required to take place when Assessments are made of risks to health and safety; Decisions are made on measures to control or eliminate those risks; Changes are made to premises, systems or methods of work, or to plant or substances used for work, that may affect health, safety or welfare at work; Decisions are made about the consultation arrangements. 2.5 Chapter 4: Working Environment The controller of premises is required (Chapter 4) to take particular risk control measures with regard to Fall prevention; Electricity; and Asbestos in the workplace. The employer is required (Chapter 4) to take particular risk control measures in relation to Working space: Lighting, including lighting for emergency exits; Heat and cold; Noise management; Atmosphere: relates to fumes, gas, dust, vapour, respirable fibres and dusts; ventilation, prevention of entry into spaces with contaminated atmospheres, atmospheric contaminants and their monitoring; Working at heights: note that safe work platforms, hand rails, etc. must be in place, or fall arrest devices must be used if the height of the worker s feet is more than 2 metres above the floor. Also relates to falling objects, scaffolding, and other matters. 2 of 7

3 Fire and explosion; Electricity, including the regular inspection and testing of all electrical articles and installations, and the requirement to keep records; Confined spaces: that is, areas with (often) restricted means of entry, or that may have unsafe atmospheres, such as tanks, pits, etc. Manual handling: lifting, carrying, pushing, etc. Note: Maximum permitted levels of atmospheric contamination can be found by consulting the documents Guidance Note on the Interpretation of Exposure Standards for Atmospheric Contaminants in the Occupational Environment, 3rd ed., NOHSC: 3008 (1995) Exposure Standards for Atmospheric Contaminants in the Occupational Environment Database NOHSC: 3008 (1995) [database on the web] both published by the [Australian] National Occupational Health and Safety Commission. 2.6 Chapter 5: Plant Design, Manufacture and Use Since plant includes any machinery, equipment or appliance, and there are specific provisions in the legislation relating to the design, manufacture and operation of plant, this part of the legislation relates to many of the School s activities. There is no difference in law between research equipment and industrial equipment. The designer of plant is required (Chapter 5.2) to Identify foreseeable hazards; Assess risks, and review risk assessment in the case of design faults; Control risks; Specify any procedures or operator competencies necessary for safe installation, operation, etc. Particular risk control measures are required in design for Guarding of danger points or areas on plant; Operational controls; Emergency stops and warning devices; Powered mobile plant. Mandatory design standards (Australian Standards) are required for, amongst other things, Boilers and pressure equipment; Cranes; Scaffolding; Gas cylinders. Similar risk assessment and control measures are required (Chapter 5.2) of the manufacturer of plant relating to any hazards or risks that may be introduced during manufacture. Risk assessment and control measures, including record keeping, are also required (Chapter 5.3) for plant that is sold, transferred, leased or hired. Particular classes of plant are required (Chapter 5.2) to have registered designs: that is, the design be independently certified by a competent person. This provision applies to pressure vessels, gas cylinders and cranes. The employer is required (Chapter 5.4) to ensure that any plant of these types designed after 1 September 2001 is not used unless the plant has a current design registration. In addition to design registration, some items of plant must (Chapter 5.2) be registered: that is, inspected and certified as safe to operate. In the School, this will apply to certain pressure 3 of 7

4 vessels and to the lifts. The employer is required (Chapter 5.4) to ensure that plant that must be registered is not used unless it has a current item registration. Amongst other things, the employer must (Chapter 5.4) ensure that Plant is not operated unless the person operating it has received adequate information and training, and is supervised as necessary for safety; Guarding of danger points or areas on plant is used to prevent o Entanglement in moving parts; o Breaking or ejection of a work piece; o Working between fixed and moving parts; o Contact with hot or cold parts; Fixed sources of heat are ventilated; Access to remotely- or automatically-energised plant is controlled; Plant is checked, tested and inspected as necessary for minimise risks to health or safety; Plant that poses an immediate risk to health or safety is withdrawn from operation until the risk is eliminated or controlled. Particular risk control measures must (Chapter 5.4) be applied to Plant under pressure; Powered mobile plant; Plant designed to lift or move. 2.7 Chapter 6: Hazardous Substances This chapter relates to the manufacture (Chapter 6.2), supply (Chapter 6.3) and use of hazardous substances. Although we do not (as far as I know) manufacture hazardous substances in the School, we may have some hazardous substances present. Note: Hazardous substances can be identified by consulting the documents List of Designated Hazardous Substances, NOHSC: 10005, 1999 [web database] Approved Criteria for Classifying Hazardous Substances, NOHSC: 1008, 1999 both published by the [Australian] National Occupational Health and Safety Commission. In relation to the use of hazardous substances, the employer must (Chapter 6.4) ensure that Material safety data sheets (MSDS) are obtained when the substance is first supplied; MSDSs are readily accessible by any employee who could be exposed to the substance; Containers are appropriately labelled; Certain substances are prohibited for use for particular purposes, including o Arsenic, benzene, carbon disulphide, methanol, tetrachloroethane or tetrachloromethane (carbon tetrachloride) (prohibited for spray painting); o Asbestos (prohibited for any purpose); o Sand (crystalline silicon dioxide) (prohibited for abrasive blasting and moulding) Prohibited or notifiable carcinogenic substances are not used except under specific circumstances; Health surveillance is provided for each employee exposed to a hazardous substance, including acrylonitrile, arsenic (inorganic), asbestos, benzene, cadmium, chromium (inorganic), creosote, crystalline silica, isocyanates, lead (inorganic), mercury (inorganic), MOCA, organophosphate pesticides, pentachlorophenol (PCP), polycyclic aromatic hydrocarbons, thallium, and vinyl chloride. A wide variety of records, including a register of hazardous substances, be kept. 4 of 7

5 2.8 Chapter 7: Hazardous Processes Certain processes are identified as hazardous, and are required to have specific controls. Those that may be relevant to the School are spray painting, abrasive blasting, welding, molten metal work, lead work and electrical work. Note: Soft soldering (e.g. electronics, sheet metal) is technically molten metal work, but is not classified as lead work unless the surface area of the molten metal exceeds 0.1 square metre and the temperature is greater than 450 C Spray Painting The employer is required (Chapter 7.1) to ensure that Spray painting is carried out in a spray booth; Only those required to be present are in the spray booth during painting; All people in the booth are using appropriate PPE (e.g. respirators); If it is not reasonably practicable to spray paint inside a booth, spray painting must be carried out in the open air, isolated from other people, processes, buildings and sources of ignition by at least 6 metres. If these distances cannot be maintained, adequate ventilation and isolation are still required Abrasive blasting The employer is required (Chapter 7.2) to ensure that Abrasive blasting occurs in an enclosure if reasonably practicable; Only those required to be present are in the abrasive blasting enclosure during blasting; All people in the enclosure are using appropriate PPE (e.g. respirators); If it is not reasonably practicable to work inside an enclosure, abrasive blasting may be carried out in the open air provided specific requirements are met; The use of crystalline silicon dioxide (sand) in abrasive blasting is prohibited Welding Welding includes arc and gas fusion welding, spot welding, and brazing. The employer is required (Chapter 7.3) to ensure that Exposure to atmospheric contaminants arising from welding are eliminated by process substitution or are controlled by mechanical ventilation; Respirators and other PPE are supplied to anyone who may be exposed to specific atmospheric contaminants exceeding specified (NOHSC) limits, or to other limits for other unclassified dusts Exposure to UV radiation near the welding site is controlled using screens, PPE or exclusion of persons not carrying out welding Molten metal This is unlikely to be significant in the School, as we do no casting, as far as I am aware. Chapter 7.5 requires control of atmospheric contaminants by isolation of the work or mechanical ventilation, together with PPE and signs Lead work This is unlikely to be significant in the School, unless we have a need for lead forming or for painting with lead-based paints. In that case, Chapter 7.6 requires extensive controls and health monitoring, together with exclusion of certain employees from the workplace. 5 of 7

6 2.8.6 Electrical work This does not apply to the School, as it relates to electrical installations (switchboards, etc), which are the responsibility of Facilities Management. In any case, I am not aware on anyone in the School who is licensed to do electrical work. 2.9 Chapter 9: Certification Certain (so-called scheduled ) work must be undertaken by people who hold certificates of competency ( tickets ) for that work. Areas of scheduled work include scaffolding, dogging (selection and application of load slinging techniques for cranes), rigging, operation of cranes and hoists, operation and use of boilers, steam turbines and steam engines, operation and use of load shifting machines, including fork lifts, excavators, loaders and draglines. Those likely to be relevant to the School include Scaffolding, where the distance a person could fall exceeds 4 metres; Dogging; Excavators and similar; Operation of the gantry cranes in the School does not appear to be scheduled work, although the associated dogging is! The remainder of Chapter 9 covers assessment of competency, issue, suspension, etc. of certificates of competency Chapter 12: Miscellaneous Incident Reporting Note: In the following, a person may be an employee or a non-employee. In particular, the same reporting provisions apply to occurrences that involve postgraduate students, undergraduate students, and visitors as those that involve employees. Note: The procedure for notification of accidents or occurrences in the School is by Team Leader of the workgroup to Safety Officer or Chair of OHS Committee (as available), then Head of School, then Risk Management Office, who are responsible for notifying WorkCover NSW. All notifications in the chain should be by telephone in the first instance, then confirmed in writing. The legislation requires that copies of notifications be kept on file in the workplace for five years Notification of accidents The legislation requires that WorkCover be notified of certain incidents, sometimes within short periods of time. An occurrence is notifiable if it results in A person being killed; Injury to a person that results in a person being unfit for a continuous period of at least 7 days to attend their usual workplace, or to perform their usual duties, or (for a nonemployee) to carry out their usual activities; Illness to a person related to workplace activity that results in a person being unfit for a continuous period of at least 7 days to attend their usual workplace, or to perform their usual duties; Incident of violence at work that results in an employee being unfit for a continuous period of at least 7 days to attend their usual workplace, or to perform their usual duties; Damage to plant, equipment, building or structure that impedes safe operation; Uncontrolled explosion or fire; Uncontrolled escape of gas, dangerous goods, or steam; 6 of 7

7 Exposure or potential exposure to carcinogenic substance; Removal of person from lead risk due to excessive blood lead levels; Exposure to bodily fluids that presents a risk of blood borne disease; Risk of explosion or fire, escape of gas, dangerous goods, or steam, serious injury to or illness of a person, or substantial property damage Non-disturbance Occurrences Additional incidents are prescribed as non-disturbance occurrences. Non-disturbance means that the plant involved, and for a radius of 4 metres around, is not used, moved or interfered with for 36 hours following the occurrence, except to help or remove trapped or injured persons, etc. WorkCover must be notified in writing as soon as possible (and certainly within 7 days) of non-disturbance occurrences, and also immediately by telephone or fax. Nondisturbance occurrences are those that result in A person being killed; Amputation of a limb; Placing of person on a life support system; Loss of consciousness due to o physical force; o hazardous substances; o electric shock; or o lack of oxygen; Major damage to plant, equipment, building or structure; Uncontrolled explosion or fire, or imminent risk thereof; Uncontrolled escape of gas, dangerous goods, or steam; or imminent risk thereof; Exposure or potential exposure to carcinogenic substance; Entrapment of a person in machinery or in a confined space Collapse of an excavation; Serious burns to a person Other Matters There are other provisions relating to construction work (Chapter 9), licensing of asbestos removal businesses (Chapter 10), and permits for working with asbestos (Chapter 11) that are unlikely to apply to the School. David Rye ohsrm Coordinator 29 August of 7