Slide 1

Report
Workplace Health and Safety Queensland
New WHS Legislation
Key aspects for the passenger transport industry
Karen Bow, Principal Advisor
Transport Strategy Group
Workplace Health and Safety Queensland
Transport and storage non-fatal claims
by mechanism
Other, 13%
Muscular stress,
36%
Objects striking
or trapping, 10%
Vehicular, 15%
Falls, 26%
Proportion of workdays lost by broad category of mechanism in
the transport and storage industry in Queensland
Workplace Health and Safety Queensland Data 04/05 to 08/09
Muscular stress claims
Passenger Transport Industry
• Injury/pain operating vehicle
48%
• Inadequate seating
19%
• Uneven ground
12%
• Working on vehicle
10%
• Entering/exiting vehicle
4%
• Miscellaneous
7%
Workplace Health and Safety Queensland Data 04/05 to 08/09
Work Health and Safety Act 2011
Key points
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Primary duty of care
Penalties
Definition of worker
Consultation
Work groups and HSRs
Ceasing work
Executive Officer – due diligence
Duty of care
A duty imposed on a person to ensure health and safety
requires the person—
(a) to eliminate risks to health and safety, so far as is
reasonably practicable; and
(b) if it is not reasonably practicable to eliminate risks to
health and safety, to minimise
Image: © The State of Queensland
Person conducting a business or
undertaking (PCBU)
Primary duty of care
A PCBU must ensure, so far as reasonably
practicable, the health and safety of:
• Workers
• Others
Provision
and
maintenance
of a work
environment
without risks
to health and
safety
Provision
and
maintenance
of safe plant
and
structures
Provision
and
maintenance
of safe
systems of
work
Safe use,
handling and
storage of
plant,
structures
and
substances
Adequate
facilities for
welfare at
work of
workers
Information,
training,
instruction,
supervision
Monitor
health of
workers and
conditions of
workplace
Duties of PCBUs
Must ensure, so far as is reasonably practicable, the health and safety of
workers and other persons
Likelihood of the hazard or the risk concerned occurring
Reasonably
practicable
- means
taking into
account all
relevant
matters
including:
Degree of harm that might result from the hazard or the risk
What the person knows, or ought reasonably know, about a hazard
or the risk and ways to eliminate or minimise the risk
The availability and suitability of ways to eliminate or minimise the
risk
Only after considering all the above can a PCBU then consider the cost associated
with available ways of eliminating or minimising the risk, including whether the cost is
disproportionate to the risk
Image: © The State of Queensland
Duties of a Worker
• Must take reasonable care for his or her own health
and safety
• Must take reasonable care not to affect the health
and safety of others
• Must comply with any reasonable instruction given
by the PCBU
• Must cooperate with any reasonable policy or
procedure
Image: © The State of Queensland
Obligation to consult
Part 5 – Consultation, representation and
participation
Duty to consult with other duty holders
Must as far as reasonably practicable, consult, co-operate and coordinate activities with each other
Duty to consult workers
Must as far as reasonably practicable, consult with workers who
are, or are likely to be, directly affected by a matter relating to
health or safety at work
Consultation is:
• sharing relevant information
• giving workers a reasonable opportunity to
express their views, raise issues and contribute
to decision making
• taking workers’ views into account
• advising workers of the outcome of consultation
in a timely manner
Consultation is required when:
• identifying hazards and assessing risks arising from work
• making decisions about ways to eliminate or minimise
those risks
• making decisions about adequacy of facilities for the
welfare of workers
• proposing changes that may affect the health and safety
of workers
• making decisions about the procedures for resolving
health and safety issues
• monitoring the health of workers or workplace conditions,
information and training or consultation with workers
Eliminating and minimising risks
Most effective
Level 1: - Eliminate the hazard or risk
Level 2: - Substitute the hazard with something safer
- Isolate the hazard from people
- Use engineering controls to minimise the
hazard
Level 3: - Administrative controls and PPE
Least effective – relies on human behaviour and supervision, and
used on their own, tend to be least effective in minimising risks
Image: © The State of Queensland
What is Zero Harm?
• Zero harm is defined as “no harm to anyone,
anytime while at work”
• The Zero Harm at Work Leadership Program
provides peer-level support for companies and
organisations to improve work health and safety
leadership and management and work towards
the ‘zero harm’ aspirational goal
• More information and how to join is available on
the WHSQ website www.worksafe.qld.gov.au
www.worksafe.qld.gov.au
Workplace Health and Safety Queensland
Further information
• Email: [email protected]
• Infoline 1300 369 915
• Website: www.worksafe.qld.gov.au
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Questions?

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