Chapter 2 Places of work—risk management and other matters
Note. This Chapter imposes obligations on an employer to identify foreseeable hazards that may arise from the conduct of the employer’s undertaking, to assess the risks of those hazards and to eliminate the risks or, if not reasonably practicable to do so, to control the risks.Division 2 of Part 2 of the Act requires an employer to consult with employees to enable them to contribute to the making of decisions affecting their health, safety and welfare at work. Among other things, the Division requires such consultation when risks to health and safety arising from work are assessed and when decisions are made about the measures to be taken to eliminate or control risks. (See Chapter 3 of this Regulation for further provisions regarding the machinery of consultation.)
This Chapter also applies to self-employed persons (see definition of employer in clause 3).
9 Employer to identify hazards
(1) An employer must take reasonable care to identify any foreseeable hazard that may arise from the conduct of the employer’s undertaking and that has the potential to harm the health or safety of:(a) any employee of the employer, or(b) any other person legally at the employer’s place of work,or both.(2) In particular (and without limiting the generality of subclause (1)), the employer must take reasonable care to identify hazards arising from:(a) the work premises, and(b) work practices, work systems and shift working arrangements (including hazardous processes, psychological hazards and fatigue related hazards), and(c) plant (including the transport, installation, erection, commissioning, use, repair, maintenance, dismantling, storage or disposal of plant), and(d) hazardous substances (including the production, handling, use, storage, transport or disposal of hazardous substances), and(e) the presence of asbestos installed in a place of work, and(f) manual handling (including the potential for occupational overuse injuries), and(g) the layout and condition of a place of work (including lighting conditions and workstation design), and(h) biological organisms, products or substances, and(i) the physical working environment (including the potential for any one or more of the following:(i) electrocution,(ii) drowning,(iii) fire or explosion,(iv) people slipping, tripping or falling,(v) contact with moving or stationary objects,(vi) exposure to noise, heat, cold, vibration, radiation, static electricity or a contaminated atmosphere,(vii) the presence of a confined space), and(j) the potential for workplace violence.(3) An employer must ensure that effective procedures are in place, and are implemented, to identify hazards:(a) immediately prior to using premises for the first time as a place of work, and(b) before and during the installation, erection, commissioning or alteration of plant in a place of work, and(c) before changes to work practices and systems of work are introduced, and(d) before hazardous substances are introduced into a place of work, and(e) while work is being carried out, and(f) when new or additional information from an authoritative source relevant to the health or safety of the employees of the employer becomes available.(4) An employer who employs 20 or fewer employees is not required to comply with this clause within the period of 2 years after its commencement (except to the extent that the clause applies to hazards involving hazardous substances or manual handling).(5) An employer who employs more than 20 employees is not required to comply with this clause within the period of 12 months after its commencement (except to the extent that the clause applies to hazards involving hazardous substances or manual handling).Maximum penalty: Level 4.
Note. Other provisions of this Regulation (for example, in Chapters 4 and 5) impose specific hazard identification requirements on particular persons such as controllers of places of work, designers and manufacturers of plant and so on.
(1) An employer must assess the risk of harm to the health or safety of the following persons arising from any hazard identified in accordance with this Chapter:(a) any employee of the employer, or(b) any other person legally at the employer’s place of work,or both.Note. Also see clauses 78, 168 and 207 which require employers to keep and maintain risk assessment reports in relation to confined spaces, record results of risk assessments in relation to hazardous substances and prepare written risk assessments in respect of electrical work on electrical installations.(2) An employer who employs 20 or fewer employees is not required to comply with this clause within the period of 2 years after its commencement (except to the extent that the clause applies to risks involving hazardous substances or manual handling).(3) An employer who employs more than 20 employees is not required to comply with this clause within the period of 12 months after its commencement (except to the extent that the clause applies to risks involving hazardous substances or manual handling).Maximum penalty: Level 4.
Note. Other provisions of this Regulation (for example, in Chapters 4 and 5) impose more specific risk assessment requirements on particular persons such as controllers of places of work, designers and manufacturers of plant and so on.
11 Employer to eliminate or control risks
(1) Subject to subclause (2), an employer must eliminate any reasonably foreseeable risk to the health or safety of:(a) any employee of the employer, or(b) any other person legally at the employer’s place of work,or both, that arises from the conduct of the employer’s undertaking.(2) If it is not reasonably practicable to eliminate the risk, the employer must control the risk.(3) An employer must ensure that all measures (including procedures and equipment) that are adopted to eliminate or control risks to health and safety are properly used and maintained.(4) An employer who employs 20 or fewer employees is not required to comply with this clause within the period of 2 years after its commencement (except to the extent that the clause applies to risks involving hazardous substances or manual handling).(5) An employer who employs more than 20 employees is not required to comply with this clause within the period of 12 months after its commencement (except to the extent that the clause applies to risks involving hazardous substances or manual handling).Maximum penalty: Level 4.
Note. An employer must also comply with any specific risk control measures required by this Regulation. In particular see Parts 4.3, 4.4, 5.4 and 6.4 and Chapters 7 and 8. The Regulation (for example, in Part 4.2 and in Chapter 5) also imposes risk control requirements on other persons, such as controllers of places of work, designers and manufacturers of plant and so on. Clause 5 sets out the order of control measures to be taken if it is not reasonably practicable to eliminate a risk.
12 Employer to review risk assessments and control measures
An employer must review a risk assessment, and any measures adopted to control the risk, whenever:(a) there is evidence that the risk assessment is no longer valid, or(b) injury or illness results from exposure to a hazard to which the risk assessment relates, or(c) a significant change is proposed in the place of work or in work practices or procedures to which the risk assessment relates.Maximum penalty: Level 4.
13 Employer to provide instruction, training and information
(1) An employer must ensure that each new employee receives induction training that covers the following:(a) arrangements at the place of work for the management of occupational health and safety, including arrangements for reporting hazards to management,(b) health and safety procedures at the place of work relevant to the employee, including the use and maintenance of risk control measures,(c) how employees can access any health and safety information that the employer is required by this Regulation to make available to employees,(d) any other matter that this Regulation specifies should be the subject of induction training and that is relevant to the place of work concerned having regard to the competence, experience and age of the new employee.Maximum penalty: Level 3.
(2) An employer must ensure that any person who may be exposed to a risk to health and safety at the employer’s place of work:(a) is informed of the risk, and(b) is provided with any information, instruction and training necessary to ensure the person’s health and safety.The information, instruction and training (and the timing of its provision) must be commensurate with the risk to health and safety concerned.
Maximum penalty: Level 3.
(3) An employer must provide persons who have responsibilities with respect to the following under this Regulation with all available information necessary to enable them to fulfil those responsibilities:(a) identifying hazards,(b) assessing risks arising from those hazards,(c) eliminating or controlling those risks,(d) monitoring or reviewing risk control measures,(e) providing information.Maximum penalty: Level 4.
(4) Nothing in this clause requires an employer to train or instruct members of the public in the use of lifts or amusement devices.Note. Specific requirements as to the provision of information relating to plant and hazardous substances are set out in Chapters 5 and 6.See Part 8.2 in relation to occupational health and safety induction training for construction work.
Clause 171 requires employers to retain records of induction or other training provided to employees who are likely to be exposed to hazardous substances.
14 Employer to provide supervision
(1) An employer must ensure that the employer’s employees are provided with reasonable supervision necessary to ensure the health and safety of the employees and any other persons at the employer’s place of work.(2) The employer must ensure that the supervision is undertaken by a competent person.(3) In determining the nature and extent of necessary supervision, the employer must have regard to the competence, experience and age of each employee.Maximum penalty: Level 3.
Note. Specific requirements for supervision in relation to excavation work are imposed on employers by Chapter 8.
15 Provision by an employer of personal protective equipment
(1) If measures taken by an employer under clause 11 (2) to control a risk include the use of personal protective equipment, the employer must provide each person at risk with personal protective equipment and ensure that:(a) the equipment provided is appropriate for the person and controls the risk for that person, and(b) the person is informed of any limitations of the equipment, and(c) the person is provided with the instruction and training necessary to ensure that the equipment controls the risk for the person, and(d) the equipment is properly maintained and is repaired or replaced as frequently as is necessary to control the risk for the person, and(e) the equipment is provided in a clean and hygienic condition to the person, and(f) the equipment is stored in a place provided by the employer for the purpose, and(g) areas in places of work where personal protective equipment must be used are clearly identified.Maximum penalty: Level 3.
(2) In this clause, personal protective equipment includes any substance used to protect health (such as a sun protection cream).Note. Reference should also be made to any relevant Australian Standards relating to the provision and use of personal protective equipment.
16 Employer to obtain information
(1) An employer must obtain such information as is necessary to enable the employer to fulfil the employer’s responsibilities under this Regulation with respect to the following:(a) identifying hazards,(b) assessing risks arising from those hazards,(c) eliminating or controlling those risks,(d) providing information.Maximum penalty: Level 4.
(2) For the purposes of subclause (1), the information is to be reasonably available information from an authoritative source.
17 Employer to provide for emergencies
(1) An employer must ensure that, in the event of an emergency at any place of work at which the employer’s undertaking is conducted, arrangements have been made for:(a) the safe and rapid evacuation of persons from the place of work, and(b) emergency communications, and(c) appropriate medical treatment of injured persons.If the employer does not have control, or has only limited control, of the place of work, the duty under this subclause applies only to the matters over which the employer has control.
(2) In making arrangements for the purposes of this clause, an employer must take the following into account:(a) the nature of the hazards at the place of work,(b) the size and location of the place of work,(c) the number, mobility and capability of persons at the place of work.(3) If employees work at a fixed place of work, the employer must ensure that:(a) adequate arrangements are made for the shutting down and evacuation of the place of work in the event of an emergency, and(b) details of the arrangements for any such evacuation are kept on display in an appropriate location or locations at the place of work, and(c) one or more persons are appointed and appropriately trained to oversee any such evacuation and, if appropriate, in the use of on-site fire fighting equipment.Maximum penalty: Level 4.
Note. Also see clause 13 (2) (b) which requires an employer to provide any person who may be exposed to a risk to health and safety at the employer’s place of work with any information, instruction and training necessary to ensure the person’s health and safety.
18 Employer to provide amenities
(1) An employer must ensure that appropriate amenities are available for all of the employer’s employees while they are at work.(2) The appropriateness of amenities is to be determined having regard to all of the circumstances of the case, including the following:(a) the nature of the work undertaken at the place of work,(b) the size and location of the place of work,(c) the number of men and of women at the place of work.Note. Also see Part 4 of the Act (Industry codes of practice). Failure by an employer to observe any industry code of practice relevant to the provision of amenities may be used in evidence in any prosecution under this clause or clause 19. Industry codes of practice are prepared by WorkCover and approved by the Minister.(3) In this clause, amenities means facilities provided for the welfare or personal hygiene needs of persons and includes toilets, rest rooms, shelter sheds, seating, dining rooms, change rooms, provision of drinking water, lockers and washing facilities.Maximum penalty: Level 3.
19 Maintenance of amenities and accommodation
(1) An employer must ensure that:(a) any amenities provided in accordance with clause 18, and(b) any accommodation provided by the employer for the welfare of employees because of the circumstances of their work,are maintained in a safe and healthy condition.(2) If the employer does not have control, or has only limited control, of the amenities or accommodation, the duty under subclause (1) applies only to the matters over which the employer has control.Maximum penalty: Level 3.
20 Employer to provide first aid facilities and personnel
(1) In this clause:construction site means the site of construction work.
trained first aid personnel means:
(a) a person who holds a current first aid certificate issued after successful completion of a WorkCover approved first aid course, or(b) a person who holds a current occupational first aid certificate issued after successful completion of a WorkCover approved occupational first aid course, or(c) a level 3 or greater New South Wales ambulance officer, or(d) a registered nurse, or(e) a medical practitioner.(2) An employer must provide at each place of work:(a) first aid facilities that are adequate for the immediate treatment of injuries and illnesses that may arise at the place of work, and(b) if more than 25 persons are employed at a place of work—trained first aid personnel.(3) An employer must have regard to the location of the place of work, the number of employees at a particular location and the type of work being undertaken in determining the nature, number and location of the first aid facilities and the number of trained first aid personnel that are required. Subclauses (4)–(7) prescribe the minimum facilities and personnel that are required at various sites or places of work.Note. See clause 194 as to additional first aid requirements in relation to the treatment of cyanide poisoning.(4) An employer must ensure that the first aid facilities at the following sites or places include a first aid kit of the type specified opposite the description of the site or place:
Construction sites at which 25 or more persons work or other places of work at which 100 or more persons work
First Aid Kit A
Construction sites at which fewer than 25 persons work or other places of work at which fewer than 100 and more than 10 persons work
First Aid Kit B
Places of work (other than construction sites) at which 10 or fewer persons work
First Aid Kit C
(5) In subclause (4), First Aid Kit A, First Aid Kit B and First Aid Kit C mean a first aid kit containing the following items in the quantity (if any) specified in columns A, B and C, respectively:
A
B
C
Adhesive plastic dressing strips, sterile, packets of 50
2
1
1
Adhesive dressing tape, 2.5 cm 5 cm
1
1
—
Bags, plastic, for amputated parts:
Small
2
1
1
Medium
2
1
1
Large
2
1
—
Dressings, non-adherent, sterile, 7.5 cm 7.5 cm
5
2
—
Eye pads, sterile
5
2
—
Gauze bandages:
5 cm
3
1
1
10 cm
3
1
—
Gloves, disposable, single
10
4
2
Rescue blanket, silver space
1
1
—
Safety pins, packets
1
1
1
Scissors, blunt/short nosed, minimum length 12.5 cm
1
1
—
Splinter forceps
1
1
—
Sterile eyewash solution, 10 ml single use ampules or sachets
12
6
—
Swabs, prepacked, antiseptic, packs of 10
1
1
—
Triangular bandages, minimum 90 cm
8
4
1
Wound dressings, sterile, non-medicated, large
10
3
1
First-aid pamphlet as approved by WorkCover
1
1
1
(6) An employer must ensure that the first aid kit at any place of work at which more than 25 persons are employed is under the control of trained first aid personnel.(7) An employer must ensure that the first aid facilities at a place of work at which more than 200 persons work, or at a construction site at which more than 100 persons work, include a first aid room that:(a) is under the control of a person described in paragraph (b), (c), (d) or (e) of the definition of trained first aid personnel in subclause (1), and(b) is located so that it is readily accessible during working hours to persons working at the place of work or site, and(c) is situated at a convenient distance from:(i) toilets, and(ii) a sink or a wash basin equipped with suitable drainage and a supply of clean hot and cold running water, and(iii) a means of boiling water, and(d) has an access door that is wide enough to allow the entry and exit of a patient on a stretcher, and(e) is well lit and well ventilated, and(f) contains the following:(i) a work bench or a dressing trolley,(ii) a cupboard for storage,(iii) a suitable container fitted with a disposable bag or liner for soiled dressings,(iv) a suitable container for the safe disposal of needles or other sharp implements,(v) an electric power point,(vi) a couch with blankets and pillows,(vii) a telephone,(viii) a stretcher, lifting frame or similar device for transporting patients,(ix) a sufficient supply of soap and disposable towels,(x) a copy of the current edition of an occupational first aid handbook approved by WorkCover,(xi) the items specified in subclause (5) in relation to First Aid Kit A, in quantities not less than those so specified,(xii) a portable first aid kit for use outside the first aid room, being a kit that contains the items specified in subclause (5) in relation to First Aid Kit B, in quantities not less than those so specified,(xiii) such special appliances, requisites and equipment for first aid as are otherwise required by law or as are necessary or appropriate having regard to the nature of the work undertaken at the place of work or site, and(g) does not contain anything except equipment, requisites or appliances for first aid or occupational health purposes, and(h) is not used for any purpose other than for first aid or occupational health purposes.Maximum penalty: Level 4.
Note. A register of injuries is required to be kept under the Workplace Injury Management and Workers Compensation Act 1998.