OH & S Update
• November 2005
THE AUSTRALIA SAFETY & COMPENSATION COUNCIL
The Australian Safety and Compensation Council (ASCC) was established in October 2005 and will lead and coordinate national efforts to improve OHS and workers compensation arrangements.
The body was created under the executive power of the Commonwealth government and succeeds the National Occupational Health and Safety Commission (NOHSC).
ASCC comprises of representatives from Federal Government, State and Territory governments, the Australian Council of Trade Unions and the Australian Chamber of Commerce and Industry.
Essentially the purpose of the ASCC is to develop broad policy and strategic directions for workers' compensation and OHS, aimed at achieving national consistency. We will keep you informed of the council’s developments.
WORKPLACE FATALITIES
The Occupational Health and Safety Amendment (Workplace Deaths) Act (the Act) was passed rapidly through parliament on June 15 2005, and creates a new offence relating to a workplace fatality.
The legislation will effect those who owe a duty under the Act and have engaged in reckless conduct causing a death in the workplace. The maximum penalties for first and subsequent offences are $1.65 million in the case of a corporation, and $165,000 and five years’ imprisonment for an individual.
In addition to this the new legislation has also amended the Criminal Appeal Act 1912 to provide for appeals in connection with a conviction for such an offence to the Court of Criminal Appeal. The defence allows a person to probe that there was a reasonable excuse for the conduct leading to the fatality.
Who Owes a Duty
Under Part 2 of the Act, obligations to provide a safe and healthy workplace are placed on;
- Employers
- The self-employed
- Controllers of work premises, plant or substances
- Principle Contractors, Designers, Manufacturers or Suppliers.
In light of this it is important to note that where a corporation owes a duty, the directors and managers are deemed also to owe a duty for the purposes of the new offence.
A Positive Development
The provisions should be seen as a positive development as the legislation reinforces the duty of directors and managers to ensure that their own actions or omissions do not contribute to the cause of a serious injury or death.
DANGEROUS GOODS & EXPLOSIVES
As of September 1 2005, new laws have been introduced to ensure the safe handling and storage of dangerous goods and to strengthen security controls for explosives and concentrated ammonium nitrate.
The Dangerous Goods Act has been repealed and the following legislation has commenced;
- OHS Amendment (Dangerous Goods) Act 2003 and the supporting OHS Amendment (Dangerous Goods) Regulation 2005
- Explosives Act 2003 and the supporting Explosives Regulation 2005. Dangerous Goods
The OHS legislation applies to all workplaces that use, handle or store hazardous substances or dangerous goods.
The changes require employers to adopt a risk management approach based on a nationally uniform approach to hazard identification, risk assessment, risk control, hazard communication and emergency preparedness. This includes communication requirements such as;
- Material Safety Data Sheets
- Placards (Visible Warnings)
- Site Registers
- Site Manifests
- Training
Essentially the OHS legislation is aimed at improving health and safety with substances such as chemicals by providing a risk management framework. The two key responsibilities for employers, the self-employed and controllers of substances or workplaces are;
- Obtain and Provide Information Adequate safety information must reach everyone who needs it. Note that manufacturers and suppliers are required to label their products correctly and suppliers must also provide a Material Safety Data Sheet.
- Eliminate or Control Risks:
- Identify all dangerous goods and hazardous substances
- Do a workplace risk assessment
- Determine and apply controls
Due to the nature of the changes certain obligations will not take effect until 1 September 2006. This will provide obligation bearers with a reasonable period to comply with the new requirements.
Explosives
The Explosives legislation requires all people with unsupervised access to explosives or concentrated ammonium nitrate to be licensed. This extends to those in the supply chain such as importers, manufacturers, transporters, suppliers and users. In addition to this they must also satisfy a national probity assessment undertaken by NSW Police and Commonwealth security agencies.
Under the new regulations, fertilizers and other ammonium nitrate products containing more than 45 per cent ammonium nitrate are designated ‘Security Sensitive Ammonium Nitrate’, and their access and use is restricted.
Restrictions on storage limits have also been enacted. If your overnight storage of explosives exceeds 110 detonators, 500 metres of detonating fuse, 2.5 kilograms of blasting explosives and 50 kilograms of ammonium nitrate – legislation requires you to develop a Security Plan and add ‘storage’ to your licence.
Overall the new legislation reflects the tightening of Australia’s security due to terrorism and heavy penalties apply to anyone in breach of the provision.
SURVEILLANCE ALERT: OH & S AND THE AGEING WORKFORCE
In May 2005, the NOHSC produced a surveillance report entitled ‘Occupational Health and Safety Issues for our Ageing Population’.
The report examined impending occupational health and safety concerns created by a steadily ageing workforce, population trends, mature age workforce participation, government initiatives and approaches to combat the ageing population trend.
Ageing workers face specific occupational health & safety concerns. These include decreased physical capacity, fatigue, increased rates of musculoskeletal disorders and a greater incidence of disease. In order to ensure the health and safety of older workers within the workplace, organisational practices will need to be adjusted, new technologies adopted, and assistance given to cope with work demands. The impact may be greatest in workplaces that normally do not employ older employees. At present, it appears that only ‘fitter’ workers tend to remain in the workforce at the older age groups but the changing demographics of society may mean that more aged people will need to remain in the workforce.
Mature workers are a valuable asset to any workplace. Generally, older workers are considered to be more reliable, committed, flexible and dedicated to their work than younger workers. Their extensive work history will also provide strong people skills and experience, which will be extremely useful in mentoring younger workers.
OHS implications
There is a large variation between individuals when assessing age related mental and physical changes in the workplace. Studies show that older workers have a decreased shift work tolerance, are more susceptible to fatigue and have a reduced physical capacity especially in physically demanding positions.
Further the emphasis on OHS systems reducing workplace hazards from substances and also the reduction in exposure of younger workers to substances such as asbestos. This will mean that workers will not experience the same level of latent diseases such as asbestosis and noise induced hearing loss that are currently present in older workers. Therefore, the health of mature workers will improve and increase their longevity in the work place.
What changes should be implemented?
The main work-related cause of premature decline of work ability is poor ergonomics. As everyone ages differently, it follows that evaluation of a mature worker’s limitations should be carried out on an individual basis. This can be achieved by avoiding the use of excessive work rates and targets, the result being a reduction in work related anxiety and depression and an increase in job satisfaction.
Older workers are also affected by environmental factors such as noise, temperature and lighting. Minor impairment to hearing and sight occur naturally with age. Simple remedies to reduce the effects of this are to review workplace design with a view to limiting noise exposure with partitions or to provide anti glare screens for computer monitors and non-reflective surfaces.
This publication contains general information only. It is not provided as legal advice. Professional advice should be taken before any course of action is pursued, or any information herein relied upon.