Work Health & Safety Legislation Model Work Health and Safety - - PowerPoint PPT Presentation

Presentation by Don Pitt, Managing Director

Work Health & Safety Legislation

Model Work Health and Safety (WHS) Legislation

• Model WHS Act
• Model WHS

Regulations

• Model Codes of

Practice

• National Compliance

and Enforcement Policy

• Safe Work Australia
• Commonwealth,

states, and territories

• 1 January 2012

Model Work Health and Safety Act

(3) Object

(1) The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces.

Model WHS Act (cont)

(5) Person conducting a business or undertaking (PCBU)

(1)(a) Alone or with others (1)(b) For profit or not

Model WHS Act (cont)

(20) Persons with management or control of a workplace

(1) Person conducting business or undertaking that involves management or control of the workplace not including the occupier

• f the residence or a prescribed

person (2) Must ensure workplace, including entrances and exits, are without risks to health and safety of any person

• E.g. owner, property

manager, Body Corporate, real estate agent, or manager of a building that is used, or is likely to be used, as a workplace.

Model WHS Act (cont)

(7)Worker

– Carries out work for PCBU, including work as employee; contractor or subcontractor; employee of contractor or subcontractor; employee of labour hire company; outworker; apprentice or trainee; student gaining work experience; volunteer; person of a prescribed class.

Model WHS Act (cont)

(7) (cont) Police officer

– Worker – At work when on duty, but not otherwise

(7) (cont) PCBU

– Worker if carries out business in that business

• r undertaking

Model WHS Act (cont)

(8) Workplace

(1) Place where work is carried out, including any place worker goes,

• r is likely to be, while

at work (2) Workplace includes vehicle, vessel, aircraft, other mobile structure, any waters, and any installation on land, on the bed of any waters or floating on any waters

Model WHS Act (cont)

(19) Primary Duty of Care (1) PCBU must ensure the health and safety of

(a) workers engaged by the person; and (b) workers directed by the person (2) PCBU must ensure the health and safety of

• thers is not put at risk

Model WHS Act (cont)

(19) Primary Duty of Care (cont)

(3) PCBU must ensure

(a) work environment without health or safety risks (b) safe plant and safe structures (c) safe systems of work (d) safe use, handling, and storage of plant, structures, and substances (e) adequate facilities for workers (f) necessary information and training (g) worker and workplace monitoring

Model Work Health and Safety Regulations

• Chapter 5, Regulation 1, Definitions

Asbestos containing material (ACM) means any material or thing that, as part

• f its design, contains asbestos.

Model WHS Regulations (cont)

(39) Information, Training, and Instruction

– Suitable to nature of work, nature or risks, and the control measures implemented. – Readily understandable

Model WHS Regulations (cont)

Part 8: (419) Prohibitions on Asbestos From 31 December 2003: all asbestos banned in workplaces

– Few exceptions – Replace with non-asbestos products – Goal: asbestos-free workplaces

Model WHS Regulations (cont)

(420) General Duty

– Identify asbestos – Assess risk of exposure – Implement and review control measures – Consult with workers – Coordinate with other duty holders

Model WHS Regulations (cont)

(422) Identify or assume asbestos (423) Sampling and analysis

Model WHS Regulations (cont)

• (424) Presence and location of asbestos

(signs and labels)

Model WHS Regulations (cont)

(422) Competent Person

– Knows where to look for ACM – Identifies suspected ACM – Takes asbestos samples – Evaluates condition – Determines risk – Recommends control measures

Model WHS Regulations (cont)

(429-430) Asbestos Management Plan

– Identification of asbestos, including locations, signs, labels – Decisions about safe work practices and control measures – Procedures for detailing accidents/emergencies – Workers carrying out work involving asbestos – Responsibilities – Timetable for managing risks – Safe work methods – Access – Review (in accordance with the auditing recommendations and at least every 5 years) and update

Model WHS Regulations (cont)

(425) Asbestos Register

– Date identified – Location – Type – Condition

(426) Review (in accordance with the auditing recommendations and at least every 5 years) and Revise Register (427) Access to Register (428) Transfer of Register

Asbestos Register Notice

NOTICE! An Asbestos Register has been completed for this site. Prior to undertaking any works, the Register must be consulted. To inspect the Register, contact the building

• wner or manager at ____________.

Two New Codes of Practice

• How to Manage and Control Asbestos in

the Workplace

• How to Safely Remove Asbestos

Major Changes in New Asbestos Law

• Changes to asbestos regulations from

January 1, 2012

• Inspection of workplaces built before 2004

(was 1990)

• Fines increased to $6,000 - $60,000
• Documentation needed even if no ACM

found

• More training for asbestos professionals

Duties of PCBU

• Under the WHS Act (19), the PCBU has

the primary care of duty to ensure the health and safety of workers.

• Under Part 8 of the WHS Regulations, the

PCBU is responsible for training employees (39) and controlling the risk of asbestos exposure (420).

Duties of Person with Management

• r Control of a Workplace
• Identify ACM (Audit) (420)
• Indicate location of ACM (424)
• Develop and maintain asbestos register

(425)

• Develop and maintain asbestos

management plan (429)

Overview of Asbestos

What is Asbestos? Construction Uses Health Effects

• 1. What is Asbestos?

Asbestos Is…

• Naturally-occurring

mineral

• Mined from the

ground

• Odorless
• Tasteless
• Made up of very small

fibers

Asbestos Rock

Asbestos in the Ground

Close-up of Asbestos Rock

Characteristics of Asbestos

• Indestructible
• Resistant to chemicals, heat, cold
• Very stable
• Excellent insulator
• Versatile

Deadly Asbestos

Australia

• High rate of asbestos

deaths

• Over 550 deaths from

mesothelioma in 2007

• More deaths expected in

next 40 years

• Increase in female deaths
• 25% increase in claims

from 2003 to 2008 Worldwide

• Over 107,000 deaths

each year

• 125 million exposed at

work

Why is Asbestos Dangerous?

• Some asbestos fibers

are so small they can get into the lungs.

• When these tiny

asbestos fibers are breathed in they can cause serious health problems, especially in the lungs.

• There is no know

safe level of asbestos exposure! Any exposure to asbestos could cause disease.

Types of Asbestos

• Amosite
• Chrysotile
• Tremolite
• Actinolite
• Anthophyllite
• Crocidolite

Chrysotile

• Most common
• “White” asbestos

Amosite

• 2nd most common
• “Brown” asbestos

Crocidolite

• Most dangerous
• “Blue” asbestos

• 2. Health Effects

How Asbestos Gets into the Body

• Inhalation

(breathing) is most common way asbestos fibers enter the body.

• Respirable fibers

get into the lungs.

• Remain in pleura

(air sacs)

Asbestos Diseases

• Asbestosis
• Mesothelioma
• Lung cancer

Asbestosis

• Serious
• Long-term
• Lung disease

Lung Cancer

• Largest number of deaths from asbestos

exposure.

• Smoking increases risk.

Mesothelioma

• Rare
• From asbestos

exposure only

• Always fatal
• No cure

Determining Factors

• Length of time of exposure
• Amount of exposure
• Type of asbestos
• Inhalation vs. ingestion
• Smoking
• Age

Exposure and Risk

• 3. History of Asbestos Use

Ancient Asbestos

• Wicks
• Candles
• Building
• Fabric
• Armor

Industrial Revolution

20th Century

• Offices
• Schools
• Homes

Asbestos in Australia

• Mined
• Wittenoom
• Heavily used

1945-80

• Import and new

use banned

• Still in many

buildings

Brisbane, 1937

Historic Uses of Asbestos

Asbestos in Household Products

More Historic Uses

Cigarettes

Health Concerns Emerge

• “Studies show a strong link between

respiratory cancers and exposure to asbestos in humans.”

• 4. Where is Asbestos Found?

Asbestos in Construction

• Insulation

– Heat – Cold – Sound – Electrical

• Floors & floor coverings
• Ceiling tiles & coverings
• Paints
• Gaskets
• Fireproofing
• Walls
• Roofing
• Siding
• Cement
• Shingles
• Fences
• Decorative plaster
• Partitions
• Adhesives
• Patching compounds
• Spray-on surfacing
• Rollboard/Millboard
• The list goes on and on…

Pipe Lagging

Spray-On Insulation

Loose Insulation

Zelemite

Asbestos Gaskets

• Lists and photos

Millboard

Electrical Systems

Lift Controllers

Asbestos Cement

Asbestos Cement Sheeting

Siding

Fencing

Surrounds

Partitions

AC Roofing

More AC Roofing

Roof Shingles

Fire Doors

Vinyl Tile Flooring

Vinyl Sheet Floors

Bakelite

Paint

Textiles

Bricks/Kilns

Automotive Uses

When is Asbestos Dangerous?

• In poor condition
• Likely to be further damaged or to

deteriorate

• Likely to be disturbed due to work in the

area

• In area where workers may be exposed

Who is at Risk?

Workers in Building Trades

Not Just Building Trades

At Risk: Not Just Workers

Asbestos Ban

• 1989: bans started
• From 31 December 2003: all asbestos

banned in workplaces in Australia

• Few exemptions
• Goal: asbestos-free workplaces

VICTORIAN LEGISLATION

• Victoria not signed up to the Model

Legislation yet

• Currently controlled by Occupational

Health and Safety Regulations 2007

• Very similar to Federal legislation

ASBESTOS ON A PROPERTY

• If building constructed before 2004, then there

is a chance that the building does have asbestos somewhere.

• If a building was built before 1990, then there is

a greater chance of having asbestos both internally and externally.

WHAT DOES THIS MEAN TO YOU?

Residential properties don’t legally have to have an asbestos audit done...

BUT

Be prepared for tradesman to refuse to work

• n the property until a register is available.

Commercials properties constructed < 2004 MUST have a register and Management Plan.

QBM

presents

Building Fire Safety Regulations 2008 and Your Responsibilities

Building Fire Safety Regulation 2008 Main objects of regulation The main objects of this regulation are— (a) to ensure persons can evacuate buildings safely and quickly if a fire or hazardous materials emergency happens; and (b) to ensure prescribed fire safety installations for buildings are maintained.

APPLICATION

Applies to ALL buildings building means a fixed structure that is wholly or partly enclosed by walls and is roofed and includes a floating building and any part of a building but does not include— (a) a single dwelling house, being either a detached dwelling house or a town, terrace, row, villa or like house attached to another such house or other such houses only by a wall on 1 or more of its sides;

RESPONSIBILITY FOR IMPLEMENTATION

The owner of the building; and The occupier of the building; and Managing entity managing entity, of a multi-occupancy building, means the entity that is the

• ccupier of, or in control of, the general access areas of the building.

Examples of entities that may be managing entities of buildings—

• the Body Corporate of a community titles scheme identifying scheme land on

which a building is situated

• the owner of a building

SPECIFIC REQUIREMENTS

• 1. Keep evacuation routes clear of obstructions

a) Path of travel to exit from anywhere within the building to be clear b) Keep area at final exit of building clear for 2 meters c) Don’t obstruct the exit from an adjoining building d) Do not have doors locked that will obstruct the exit through a path of travel (fire doors to units) e) Evacuation routes to be kept isolated

• 2. Keeping of Fire and Evacuation Plans

a) Must be developed by each occupant of the building b) The managing entity must ensure the fire and evacuation plan takes into account the evacuation coordination procedures stated in the fire and evacuation plans for all parts

• f the building occupied by secondary occupiers

c) The occupier must ensure the fire and evacuation plan for the part of the building complements the evacuation coordination procedures under the fire and evacuation plan kept by the managing entity for the building d) ensure the fire and evacuation plan for the building is made available for inspection in the building during its normal business hours e) allow a person to inspect the fire and evacuation plan free of charge. f) If any changes are made to the Fire Evacuation Plan by “any party” notice must be given within 1 month of the change g) Must be reviewed at least annually

SPECIFIC REQUIREMENTS Cont.

• 3. Evacuation sign and diagrams must be displayed
• 4. Evacuation procedures training must be given to each person at least annually

5. Training in the use of first response fire equipment must be given at least each 2 years 6. Evacuation practice must be conducted at least annually (The occupier, owner or managing agent to organise this practice) 7. Records must be kept for all training and evacuation practice 8. Records to be kept of all testing of fire equipment. 9. Records to be held for 2 years

• 10. Must have a Fire Safety Advisor is high occupancy building. (residential building >25m

high; building with >29 workers; special buildings like budget accommodation)

• 11. All buildings must comply by 1 July 2009
• 12. Each occupier of a multi occupancy property must have Fire and Evacuation Plans
• 13. The Managing Entity must ensure all Fire and Evacuation Plans are complementary

SPECIFIC REQUIREMENTS Cont.

• 14. Fire doors to residential units:

This legislation also refers to the requirements of the Building Code of Australia (D2.21) The requirement to have a lever handle to fire doors does not relate to the front doors of sole-occupancy residential units. A deadlock can be fitted to residential unit fire doors, provided: Allows the door to self close (not a dead bolt) The lock is fire rated and complies with Australian Standard AS1905 The lock is installed in accordance with Australian Standard AS1905 Security screen doors in front of the fire door is NOT acceptable The fire door MUST have a self closer fitted and fully operational The fire door MUST NOT be fixed open

• 15. Re-entry from fire-isolated exits (fire stairs) to comply with the following for

buildings > 25m height Doors to the fire stairs above 25m height MUST NOT be locked from the inside of the fire stairs, unless The doors are fitted with a fail-safe device to automatically open the doors in a fire; AND On at least every 4th floor the door CAN NOT be lockable, or A communication system operates from within the fire stairs explaining the method of operation of the door

Building Fire Safety Regulation 2008 Managing entity, of a multi-occupancy building, means: the entity that is the occupier of, or in control of, the general access areas of the building. Examples of entities that may be managing entities of buildings—

• the body corporate of a community titles scheme
• the owner of a building
• Property Manager

Building Fire Safety Regulation 2008 Keeping evacuation routes free from obstruction—general Person not to obstruct an evacuation route (1) A person must not— (a) place a thing— (i) within 2m of a final exit outside a building; or (ii) in another place on an evacuation route of a building if the thing would be likely to unduly restrict, hinder, or delay a person (an affected person), if the affected person were using the evacuation route in the event of a fire or hazardous materials emergency; or (b) otherwise obstruct an evacuation route of a building

Building Fire Safety Regulation 2008 Keeping evacuation routes free from obstruction—locking doors

Meaning of locking a door (1) A reference to locking a door is a reference to locking the door in a closed position. (2) Locking a door includes fastening the door or otherwise interfering with its ability to be opened. (3) However, a door on an evacuation route of a building is not locked if it can be

• pened—

(a) from the internal side using 1 device that can be operated by 1 downward or pushing action using 1 hand;

• r

Examples of devices— a handle, lever or panic bar, a device consisting of a button or switch that can be

• perated to allow a door to open electronically and automatically allows the door to be
• pened if the door fails

to open electronically (b) in another way that complies with the Building Code of Australia.

Building Fire Safety Regulation 2008

Evacuation planning, instruction and practice

Meaning of evacuation coordination procedures The evacuation coordination procedures for a building in the event of a fire or hazardous materials emergency are the procedures for— (a) alerting, and communicating with, persons in the building; and Examples of procedures for paragraph (a)—

• procedures for using intercommunication devices, public address systems and

messengers to alert and communicate with persons (b) alerting the service, including using manually operated fire alarms; and (c) arranging the evacuation of persons with special needs, members of the public and other persons in the building, to a designated assembly area for the building; and

Building Fire Safety Regulation 2008

Evacuation planning, instruction and practice

Meaning of evacuation coordination procedures c/f Informing the evacuation coordinator for the building of— (d) checking whether all persons have been evacuated from the building; (i) the number of persons evacuated; and (ii) the number and identity of any persons not accounted for; and (e) meeting the fire officers attending the building in response to the fire or emergency at a suitable place stated in the fire and evacuation plan for the building.

Building Fire Safety Regulation 2008

Evacuation planning, instruction and practice

Meaning of evacuation diagram An evacuation diagram, for a building, means a diagram, in an understandable form,

• f the building showing the following

(the fire safety reference points)— (a) the place that corresponds to the place in the building where the diagram is displayed; Example for paragraph (a)—

• An evacuation diagram in a building shows an arrow pointing to a red spot that corresponds to the

place in the building where the diagram is displayed. The words ‘You are here’ are stated in bold text near the arrow.

(a) to the nearest exit of the building; (b) the route from the place mentioned in paragraph (c) each exit of the building; (d) any intercommunication devices in the common areas of the building; (e) the manually operated fire alarms in the building; (f) the fire fighting equipment in the building; (g) each designated assembly area for the building; (h) the route from each exit shown on the diagram to a designated assembly area.

Building Fire Safety Regulation 2008

Evacuation planning, instruction and practice

Changing a fire and evacuation plan

• The occupier of a building must change the fire and evacuation plan for the

building as soon as practicable but no later than 1 month after a change in circumstances affecting— (a) the plan’s compliance with the requirements under section 21, 22, 23 or 24;

• r

(b) the implementation of the plan. Examples of a change in circumstances—

• A person becoming or ceasing to be the evacuation coordinator for the building
• r starting or ceasing to be responsible for carrying out evacuation coordination

procedures in the building

• Refurbishment or a change in the use of the building

Maximum penalty—30 penalty units.

Building Fire Safety Regulation 2008

Evacuation planning, instruction and practice

Changing a fire and evacuation plan If the managing entity of a multi-occupancy building changes the fire and evacuation plan for the building under subsection (1) the entity must, as soon as practicable, but no later than 1 month after the change, give a written notice about the change to— (a) each secondary occupier in the building; and (b) if the building is a high occupancy building—the fire safety adviser for the building. Maximum penalty—20 penalty units.

Building Fire Safety Regulation 2008

Evacuation planning, instruction and practice

Changing a fire and evacuation plan contd. For subsection (2)(a), if 2 or more secondary occupiers jointly occupy a part of a building, the managing entity complies with [the requirement to give the notice to the occupiers by giving the notice to 1 of the occupiers. (2) If the secondary occupier of a part of a multi-occupancy building changes the fire and evacuation plan for the part of the building under subsection (1), the

• ccupier must, as soon as practicable, but no later than 1 month after the

change, give a written notice about the change to— (a) the managing entity of the building; and (b) if the building is a high occupancy building—the fire safety adviser for the building. Maximum penalty—20 penalty units

Building Fire Safety Regulation 2008

Evacuation planning, instruction and practice

Requirements for new occupiers (1) This section applies if an entity starts to occupy a building. (2) The entity must, within 2 months after starting to occupy the building, give the evacuation coordination instructions for the building to— (a) the evacuation coordinator for the building; and (b) the persons responsible for carrying out the evacuation coordination procedures under the building’s fire and evacuation plan. Maximum penalty—30 penalty units

Building Fire Safety Regulation 2008

Evacuation planning, instruction and practice

Evacuation practice—other buildings (1) This section applies to the occupier of a building other than a budget accommodation building. (2) The occupier of the building must ensure that an evacuation of the building is carried out— (a) by an appropriate number of persons; and (b) in an appropriate way; and (c) at intervals of not more than 1 year.

WHAT DOES IT MEAN TO A PROPERTY MANAGER?

The deadline has passed. I have not been fined. Why should I now do anything?

THANK YOU