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The Occupational Health and Safety Regulation 2001 Chapter 2 Risk Management sets out strict obligations by which employers must comply to make sure safety and wellbeing of employers in their work place. According to this chapter, it is a responsibility of employer to identify most likely hazards in the work place, or in particular, they need to carry out a risk assessment and take safety measures accordingly to minimize or eliminate the hazards.

Background
The Occupational Health and Safety Regulation 2001 is applicable to all work places. This includes all mining workplaces and coal workplaces, except as provided by this Regulation. Created by Safe Work Australia, this regulation comes under the Occupational Health and Safety Act 2000. It provides guidelines and standards for employers to create a safe working environment for all employees. Penalty levels apply when any terms of the Regulation is violated. There are 4 levels, each associated with their respective maximum penalty in terms of penalty units. Each unit is equal to $110


 * Level 1 – 20 penalty units
 * Level 2 – 30 penalty units
 * Level 3 – 100 penalty units
 * Level 4 – 250 penalty units

Employer to identify hazards
Under the Regulation, employers are responsible for the identification of any predictable hazard in the place of work that can afflict harm to the welfare or safety of any workers or visiting individuals at the workplace. More specifically, the employer must carefully identify hazards arising from:


 * The work premises,
 * Work practices, work systems and shift working arrangements (including hazardous processes, psychological hazards and               fatigue related hazards),
 * Plant (including the transport, installation, erection, commissioning, use, repair, maintenance, dismantling, storage or disposal of plant) and Dangerous goods (including the storage or handling of dangerous goods),
 * Hazardous substances (including the production, handling, use, storage, transport or disposal of hazardous substances),
 * The presence of asbestos installed in a place of work,
 * Manual handling (including the potential for occupational overuse injuries),
 * The layout and condition of a place of work (including lighting conditions and workstation design),
 * Biological organisms, products or substances,
 * The physical working environment (including the potential of: electrocution; drowning; fire or explosion; people slipping, tripping or falling; contact with moving or stationary objects; exposure to noise, heat, cold, vibration, radiation, static electricity or a contaminated atmosphere; and the presence of a confined space),
 * The potential for workplace violence.

Employers are also responsible for the development and enforcement of effective procedures in the place of work, to identify hazards. These are to be applied :


 * While a work practice is undertaken,
 * Before the introduction of modifications to work practices and systems of work,
 * Before the introduction of hazardous substances into a workplace,
 * Immediately before the use of a new premises in a workplace,
 * Before and during the installation, erection, commissioning or alteration of plant in a place of work,
 * When new or updated information is released from an authorative source in regards to the health or safety of employees or employers.

Maximum penalty for breach of any of these regulations is a Level 4 penalty of 250 units.

Employer to assess risks
A risk assessment is a systematic approach to find potential hazards to people at work place due to a machine or a chemical substance used in any activity at workplace. This will help to undertake appropriate precautions in order to prevent or minimize accidents and injuries. Therefore the insurance costs can be reduced by a large sum.

According to the OHS act 2000, section 8.1(a), (b) and (c), it is a duty of employer to make sure that the work place arrangements, the working environment, premises and use of any chemical or equipment is safe and presents no risk to health whilst used appropriately. Section 8.2 further mentions that the employer is responsible to ensure even authorized visitors to the work place are not exposed to risks in terms of health and safety.

Under the OHS regulation 2001, employers are required to assess the risk of harm to health and safety due to hazards present at workplaces to both employees and those who legally visit the work place. Clauses 78, 168 and 207 under this regulation also explain the liability of employers to do risk assessments and write reports on electrical installation, hazardous substance and confined spaces. It is essential to keep records of these reports up to a minimum of five years. Furthermore, chapters 4 and 5 of this regulation explain the risk assessment requirements of controllers, designers and manufacturers of plant (equipments). Failure to abide with these regulations may result in a level 4 penalty.

The procedures for a risk assessment may differ from organisation to organisation. Nevertheless, the following 5 steps are usually followed in their order .


 * (1)	Identifying the hazards associated with work activities
 * (2)	Possible dangers of hazards and who might be injured
 * (3)	Evaluate risk and decide control measures
 * (4)	Recording and implementation of control measures
 * (5)	Review and update the assessments whenever there is a change of substance or equipments.

It is always vital to categorise risks, which would enable you to spend time and money on the most important areas. Important points to consider while categorising the risks include, hazards, accidents and incidents associated with the particular equipment or substance. Sometimes risk rating formulas are also used to identify likelihood, severity and risk level.

Employer to eliminate or control risks
Clause 11 states that any potential risk which imposes danger to the health and safety of an employee, must be eradicated from the conduct of the employer’s undertaking.

This applies to employees of a workplace or any person legally visiting the place of work. If however, the employer is not able to eliminate the risk in a practical way, then the risk must be somehow controlled. Then the employer will have to ensure that all procedures and equipment utilised in the workplace to control or eliminate the potential hazards to health and safety are correctly used and maintained.

The maximum penalty for the breech of clause 11 is a level 4.

Employer to review risk assessments and control measures
Risk assessments are an essential aspect of risk management procedures that determine the potential risks associated to a situation or hazard. The actions undertaken to eliminate or minimise risks are called control measures. It is important for employers to review risk assessments and control measures to ensure the optimal safety and security of employees in a workplace.

Employers can refer to the Code of Practice for Risk Assessment to help them meet their requirements of a risk assessment under the Occupational Health and Safety Regulation 2001.

The regulation requires employers to review risk assessments, as well as any procedures utilised to control the risk, when :


 * A risk assessment is suggested or proved to be invalid,
 * A risk assessment is associated with a workplace accident, or
 * Substantial changes are made in the workplace or work procedures.

The penalty for the breach of any of these regulations is a Level 4 penalty of 250 units.

Employer to provide instruction, training and information
The majority of accidents occurring each year at workplaces are due to confusion of the tasks they are undertaking. According to the OHS Act 2000, section 8, it is a responsibility of the employer to provide employees with sufficient information, training and supervision. By delivering proper instruction, information and training to the employees, it is possible to minimize incidents and severity of injuries which makes it a safe place of work in terms of health and safety.

According to the OHS regulation 2001, it is essential for employers to ensure each employee is provided with induction training which covers the following areas :


 * A workplace arrangement for the management of occupational health and safety, arrangements to report the hazards to management is included.
 * Relevant health and safety procedures at the workplace including the use of measures for risk control and also its maintenance.
 * Employees should be able to access to all sets of health and safety information that employer must provide to employee under this regulation.
 * All other matters included in this regulation, which are of significant importance, should be given during induction training.

Failure to do so would lead to a maximum penalty of level 3.

The employer must always inform employees of potential hazards and provide instruction and training whenever an employee’s health and safety is at risk (maximum penalty level 3). Employees such as supervisors and managers (who are also responsible for identifying hazards, reviewing risk assessments associated with those hazards, risk control, monitoring risk control measures and providing information) are required to be provided with adequate and all available information to create a safe workplace (maximum penalty level 4).

Australian/New Standard 4804:2001 puts in place five principles on which an Occupational Health and Safety Management System (OHSMS) can be based. The five principles include: Policy and Commitment, Planning, Implementation, Measurement and evaluation, and Continual improvement. Implementation is the part where we need resources, training, communication and motivation provided to the employee.

Training or information should always be given before the start of an activity. During the training, both the language and the vocabulary used should be clearly understood by the employee. It is equally important to verify the training given to the employees. New training requirements are always identified by doing risk assessments which needs to be done at least annually. The OHS regulation also particularly highlights the importance of giving induction training and on-the-job training to any new employee. On-the-job training is always required because of the advancement of new technologies or equipments. This means the employees must be always be instructed with the latest information regarding any changes at workplace.

Employer to provide supervision
An important part of an employer’s responsibilities as stated in the Regulation is to provide adequate supervision for the employees so as to ensure safety and health of everyone at the workplace. This supervision is to be provided by a competent supervisor hired by the employer. As for the type of supervision necessary, it is up to the employer to determine the age, competence and experience of each employee.

Provision by an employer of personal protective equipment
The 2001 Regulation also states that if personal protective equipment is necessary for the control of a risk at the workplace, then all employees who are exposed to the risk must be provided with the appropriate personal protective equipment. Employers must also ensure that :


 * The provided equipment is appropriate for each person and will be able to control the risk for that person.
 * Known limitations of the equipment are known to the worker.
 * The employee is given training and instructions which are needed to make sure that the equipment will control the risk of the employee.
 * The equipment is appropriately maintained and is either replaced or repaired with necessary frequency.
 * Protective equipment is provided in hygienic conditions to the worker.
 * Areas in the workplace in which protective equipment must be utilised are to be identified unambiguously.

Employer to obtain information
For employers to fulfil their duties under this regulation with respect of detecting hazards, assessing potential risks arising from those hazards, removing or monitoring those risks and providing information, they must obtain such information and must ensure that it’s from an authoritative source and any employer failed such duty can receive a level 4 of maximum penalty.

Employer to provide for emergencies
In regards to any emergency events at any work places, employers are required to make adequate planning for the safe and efficient evacuation of employees form the work site, emergency communication and suitable medical attention for any injured persons.

When employers are making arrangements for emergencies, they must take into consideration the nature of the potential hazard at the workplace, the location and size of the work place, and as well as the number of employers and their mobility and capability at the workplace.

For a fixed working place with working employees, employers must arrange satisfactory plans for the safe evacuation and shutting down of the workplace, in preparation for unexpected emergencies. Information relating to emergency evacuations is required to be clearly presented in a suitable workplace location. It is also important to have selected individuals appropriately trained with emergency skills, for the purpose of overseeing an evacuation and employ fire fighting equipments onsite if necessary.

Any employer failed to comply with this section of the regulation can receive a level 4 of maximum penalty.

Employers to provide amenities
Employers are to ensure that all necessary facilities are appropriately provided for the welfare and personal hygiene of all employees in the place of work. These facilities are ‘Workplace amenities’ and include washing facilities, rest rooms, lockers, change rooms, seats, toilets, drinking water, shelter sheds, and rooms designated for dining.

The appropriateness of these facilities varies depending on different circumstances and workplaces. When making decisions on appropriate amenities, employers can refer to the Code of Practice for Workplace Amenities for detailed guidance and assistance. According to this Code of Practice, the type of work carried out at the workplace, the size and geographical location of the workplace, and the population of women and of men at the workplace, are factors that are considered when determining the appropriateness of amenities.

The maximum penalty for an offence against this provision is Level 3.

Maintenance of amenities and accommodation
As described above in clause 18, amenities in the workplace are important for the personal hygiene needs of workers. Some types of work require employees to work far away from their homes which make it extremely difficult to go back and forth between home and workplace. In such circumstances, an appropriate accommodation should be provided. Accommodation here refers to facilities like sleeping accommodation, toilets, washing facilities, drinking water, seating, dining, cooking, heating/ cooling and ventilation.

According to OHS regulation 2001, an employer must ensure that the amenities and accommodation provided are maintained in a safe and healthy condition. Even the OHS act 2000, section 8.1(e) clearly states that the employer must afford sufficient facilities for the welfare of employees. But if the employer has only some degree of control or no control at all are not included under this clause. Failure to comply with this regulation may be given a maximum penalty level of 3.

Employer to provide first aid facilities and personnel
Under this section of the Regulation, employers are required to provide first aid facilities and appoint skilfully trained, first aid personnel at the place of place. The type, number and place of first aid facilities and the number of required trained first aid personnel depends on :


 * The site of the workplace,
 * The nature of the work carried out, and
 * The number of workers at a particular site

In workplaces with less than 25 employees, employers are required to provide :


 * First Aid Kit C
 * Adequate first aid facilities for immediate treatment of illness and injuries that can occur at workplace

In workplaces with more than 25 employees, employers are required to provide :


 * First Aid Kit B
 * Trained first aid personnel could be an authorised nurse, or medical practitioners, or a NSW level 3 ambulance officer.

In work places with more than 100 employees, employers are required to provide :


 * First Aid Kit A
 * Trained fist aid personnel
 * A first aid room that is under the control of first aid personnel and must contain adequate and general health and safety facilities.

Any employer who fails to comply with this section of the regulation can receive a level 4 maximum penalty.

The table below shows the quantity of items contained in First Aid Kit A, First Aid Kit B and First Aid Kit C.