Singing from the same song sheet?

The Federal government is in the process of reviewing national OHS laws with harmonisation the required outcome. This harmonisation has a target date set for June 2011. Various meetings have been taking place through 2008 and a second major review is due on the 30 Jan 2009. It is likely that rather than an Australia wide OHS Act and Regs being implemented, a model Act and Regs will be in place for each state to enact. During the first review the major sticking points were:

persons conducting business or undertaking (QLD) v employer/employee relationship (all other  States)                                                                              

• absolute duty of care with reasonable practicability as a defence (QLD/NSW) v reasonably practicable duty of care (other States)

Offences - 3 categories of offence proposed with highest being indictable offences (permitting trial by judge and jury) v offences being determined by Magistrate or Industrial Court (QLD).

Maximum fines to be increased to $3million for a corporation and $600k for an individual with imprisonment up to 5 yrs for highest category offences. Keep watching this space for the next step

Power tools for Reps

The WHS Act will shortly be amended to allow Qualified Safety Reps (QWHSR) to write Provisional Improvement Notices (PINS) to hand to their employer.

A QWHSR has to have undertaken course 30630QLD AND another, as yet unspecified (prob 3hr), course in writing notices. Ordinary WHSRs who have only undertaken the 30630QLD course will not be able to write PINS until they complete the additional top up course. This short top up will eventually become part of the 30630QLD course.

Constructive delays

Due to delays in getting VET Ministers approval for the CPC08 General Construction Industry training package (which will contain the new national induction competency) the General Construction Induction course 30125QLD course has been extended to 30 June 2009.

Additionally, the mutual recognition of interstate construction induction training courses has also been extended by the addition of South Australia and Western Australia to the scheme that now encompasses SA/WA/QLD/NSW & VIC.

WA does have a 3 yr time expiry on its GI tickets and so will only accept cards from other States if they have been issued in the previous three years.

New BFSR - 2008

You may, or may not, be aware the new Building Fire Safety Regulations 2008 came into affect in Queensland on 1 July 2008.

A couple of key points that readers will need to act upon at some stage.

 S34 (1) Appointment of fire safety advisers for high occupancy buildings

“the occupier of a high occupancy building must appoint a person who holds a current building fire safety qualification as the Fire Safety Adviser for the building.”

This regulation uses the QLD WHSO criteria, so it is now a requirement that any business with 30 or more workers in any building is required to have a Fire Safety Advisor. This person will have to undergo a three day training course, the syllabus of which is yet to be approved by QFRS. ACHS will be applying for scope to conduct this course when the syllabus is released. FSA’s will need to be appointed and trained within the next twelve months.

Another section to note is S 36 regarding first response fire training. The old regulation stated a requirement for 12 monthly re-training. That requirement has been extended to 24 months.

Should you have any questions please contact us.

Psychosocial Behaviours in Injured Workers

The catch cry in rehabilitation is recognizing psychosocial behaviour in injured workers, in order to do this; first you must understand the two personality types with regards to rehabilitation. The first type of personality is the anxious types, these are typified by:

• Also known as experts and complainers they are often competitive and known as fighters
• Characteristics - will listen to whoever confirms their anxiety (watch your body language!)

The other personality type is the depressed personality type these are typified by:

• Also know as victims – they are not competitive and are not fighters
• Characteristics - reclusive and cynical.

Managing both these types of personalities is paramount in preventing an injury escalating into a psychological injury. You must support your injured worker throughout the process and you need to think outside your comfort zone. Some of the ways we can support both these types are:

Inform them of possible setbacks, but explain the low odds of setback actually happening.

Carefully manage setbacks if they occur

• Be careful to avoid couching advice in terms that may feed their anxiety; e.g. “don’t overdo things” or “stop when it hurts”
• Focus on capability; e.g. discuss what they can do
• Encourage and acknowledge small gains
• Promote trust – don’t promise what can’t be delivered

Remember be empathetic and don’t make promises you can’t keep!

Workplace Health & Safety - Making it Work!

An employer must work with the Workplace Health and Safety Officer to ensure that legislative requirements are met and proper procedures and policies are implemented.   This is often a complex and time consuming task resulting in; development of a safety management system, safe work procedures, risk and hazard management, task and site specific training, maintenance of plant and equipment registers, accident and reporting procedures, just to name a few.

The process of developing these procedures can often be viewed, by some, as a waste of time, the time utilized to prevent workplace injuries and accidents far outweighs the cost to employers relating to increased WorkCover/Insurance costs, Common Law Injury Claims and Public Liability Claims, not to mention the penalties involved when someone is injured in the workplace and little or no procedures are in place.

The old adage “It won't happen to me” should be viewed as a warning to employers to utilize the full potential of those appointed to Health and Safety roles to reduce the possibility of workplace incidents having an impact on all processes of the business.

Fatigue Management

Yawning? Rubbing your eyes? Have heavy eye lids?… these are all signs and symptoms of fatigue. Fatigue occurs when an individual does not obtain adequate rest or recovery from previous work periods. With society now living ‘24/7’, when you are heading home from work today, someone is off to work.

Fatigue is not something new, but if identified as a hazard in your workplace, it needs to be managed.

Did you know…?

• That if you work longer than 17 hours continual, your co-ordination and concentration is the same as having a .05 BAC (Blood Alcohol Concentrate) ….. Think about it, you can’t drive at that level, should you be at work?
• If you work 17-23 hours continual, you are equivalent to .1 BAC… well, I know where I would like to be, in bed!
• 8 hours sleep will ‘buy’ approximately 16 hours of wakefulness, so that’s 1 hour sleep for every 2 hours awake
• Fatigue is often implicated as a contributory factor in many workplace and commuting deaths especially after the 9th hour of work

Employers, employees, the union/s and the government all have a shared responsibility for managing the risks associated with fatigue.

Don't Forget - 30th June 2008

Holders of QLD old style paper certificates have until this date to notify DEIR if they wish to continue to have authority to carry out the work after 1st July 2008. (does not include demolition , explosive power tools, welding, slinging, crane chasing, aircon classes, refrig classes)

To notify DEIR visit their online notification service at: http;//www.deir.qld.gov.au/Tecs-LC/Index.do

Legislation Changes…

From the 1st of May 2007 it is now a requirement of the Workplace Health & Safety Amendment Regulation (no.1 2007) for Workplace Health & Safety Representatives to undertake the new nationally accredited “Functioning as a Workplace Health & Safety Representative Course” (30630QLD). (Refer Regulation s229B Workplace Health & Safety Training Course).

The course runs for 3 days with an additional practical course assessment. This course is a must for all workers with an interest in workplace health and safety, particularly those who have been elected as Workplace Health and Safety Representatives or members of a Health and Safety Committee.

The Safety Representatives course introduces representatives and committees to the requirements of the Workplace Health and Safety legislation, risk management concepts, consultation mechanisms and methods for improving safety at the workplace.

On completion of the course, participants will be able to…

• Identify and apply relevant Workplace Health & Safety information relevant to workplace or area of representation
• Apply OHS information to issues in the area of representation
• Identify workplace hazards and risks
• Assess workplace hazards and risks
• Identify and recommend control measures to manage exposure to hazards and risks
• Represent workers in workplace health and safety consultation mechanisms
• Represent workers within workplace health and safety consultation arrangements
• Prepare and present reports
• Review circumstances surrounding workplace incidents

The Australasian College of Health & Safety regularly run the Safety Representatives course, see our Training Calendar and Courses Page  for futher details, or call us on 3822 3228.