Test your knowledge - health and safety management.

As an employer, it is my responsibility to have a risk management process in place that identifies and assesses the level of hazards within the workplace. Realistically, this process should be reviewed every:

Reasoning: PCBUs are required to exercise due diligence to ensure they uphold their duties and obligations. Part of that means to continually review the effectiveness of the control measures implemented in their business. At a minimum, an overall review annually helps to demonstrate that.

An employee slipped on a wet floor and sustained a small cut to their leg. As the injury was only minor, did not require first aid and the employee claims they are fine, what action should be taken?

Reasoning: Although the outcome was only a small cut to the employee’s leg, the risk factors involved that lead to that outcome are yet to be eliminated. Even if the employee says they were fine, failing to record the incident is a failure of the business to uphold its duties and obligations. If the incident was to recur, the business would have no history or proof of having assessed the risk, considered controls, or implemented effective control measures to eliminate the risk of the incident repeating.

An employer has an informal chat to his employees every now and then regarding health and safety and how each employee needs to use common sense when conducting dangerous work. Is this considered consultation?

Reasoning: The legislation prescribes that consultation is about engaging your workers. This means that the business should provide its workers with relevant information in a timely manner; and, that workers are given a reasonable opportunity to express their views, raise work health and safety issues, and contribute to the decision-making process related to the issue. The business must take their views into account and advise the workers of the outcome in a timely manner. A one-way conversation will not satisfy the business’ obligations to consult and engage its workers under the Act.

You have walked around your business and identified a loosely secured sign which could fall and cause injury. You cannot remove the sign and immediately eliminate the risk, so what course of action should you take?

Reasoning: Under Regulation 6, businesses must follow the hierarchy of control measures. Because the business could not eliminate the risks to its workers health and safety, it must first attempt to substitute the hazard, then if that is not possible try to isolate it from its workers, then look at implementing engineering controls. Only when the business is unable to do any of that can must it consider minimising the risk using administrative controls. If the risk still remains, then ensuring the provision and use of suitable personal protective equipment (PPE) is necessary and appropriate. It is important to note Regulations 15 to 17 when providing PPE to its workers.

You employ someone new whose duties will heavily involve working from heights, however, you are unsure whether this is considered hazardous work. What course of action should you take?

Reasoning: Under Regulation 6, businesses must follow the hierarchy of control measures. Because the business could not eliminate the risks to its workers health and safety, it must first attempt to substitute the hazard, then if that is not possible try to isolate it from its workers, then look at implementing engineering controls. Only when the business is unable to do any of that can it consider minimising the risk using administrative controls. If the risk still remains, then ensuring the provision and use of suitable PPE is necessary and appropriate. It is important to note Regulations 15 to 17 when providing PPE to its workers.

True or false: a health and safety management system only applies to permanent employees, and not contractors, visitors, or volunteers.

Reasoning: The Act defines a worker as an individual who carries out work in any capacity for a PCBU and specifically lists, among others, nine classes of individuals who are covered by the term 'worker'. Among these are contractors, visitors and volunteers. It is essential that a PCBU understands the key changes in the new Act, such as to whom they owe their duties and obligations.

An employee works primarily from home. During the course of their working day, the employee trips over a loose phone cord, falls, and breaks their wrist. Is this considered a ‘workplace incident’?

Reasoning: A PCBU’s primary duty of care means they must ensure, so far as reasonably practicable, the health and safety of workers and other persons in the workplace are without risks to health and safety while carrying out the work influenced or directed by the PCBU. This includes when person works in accommodation owned or managed by the PCBU (ie a farm house) and when workers work from home for the purposes of the PCBU’s business or undertaking.

An employee claims they were never informed of their individual accountabilities and responsibilities in regards to health and safety. How can an employer ensure all staff are aware of the health and safety management system?

Reasoning: While at work, workers must comply, as far as they are reasonably able, with any reasonable instruction that is given by the PCBU to allow the PCBU to comply with the Act or regulations. If the PCBU simply notifies its workers through instruction but does not check their understanding, how can the workers be reasonably able to comply if they never internalised the instruction in the first place?

A dental clinic only has one entry and exit which is clearly marked. Is it necessary to have an emergency evacuation plan in place and communicate this plan to employees?

Reasoning: Under Regulation 14, a PCBU must ensure that an emergency plan is prepared for the workplace and ensure that it remains effective. Even if the dental clinic only has one entry and exit which is clearly marked, if the PCBU never developed an emergency plan or tested its effectiveness through observation procedures (ie emergency drills) how could they expect a good result when an emergency situation actually occurs?

An employee regularly conducts work which exposes them to loud noise. To avoid long term health concerns, what should an employer do?

Reasoning: Under Regulation 17, a PCBU must ensure the PPE it provided is suitable for the work required and fits the worker reasonably comfortably so they use it. The PCBU must also maintain, repair and replace the provided PPE so it continues to minimise the risk to the worker who uses it. In addition, the PCBU must train and instruct the worker on how to wear, use, store and maintain the PPE properly.