Frequently Asked Questions

Frequently asked questions > Accident Notification Asbestos Construction Duty of Care Confined Space Gas Cylinder (small) First Aid Ergonomics Complaints Manual Handling Occupational Licensing Personal Protective Equipment (PPE) Workplace Complaints Fireworks Slips Trips Falls Noise Public Safety Material Safety Data Sheets (MSDS) Refrigerated Spaces Dangerous Goods Risk Management Work Premises Safety Committees Contents > Accident notification >...............................................................................................................3 Asbestos > ................................................................................................................................6 Complaints >.............................................................................................................................8 Confined spaces > ..................................................................................................................10 Construction >.........................................................................................................................14 Dangerous goods > ................................................................................................................21 Duty of care > .........................................................................................................................25 Fatigue management >...........................................................................................................28 First aid >................................................................................................................................35 Fireworks > .............................................................................................................................39 Gas cylinders (small) > ...........................................................................................................42 Licensing – national OH&S > ..................................................................................................45 Manual handling > ..................................................................................................................49 Material safety data sheet (MSDS) > ......................................................................................52 Noise > ...................................................................................................................................54 Occupational licencing >.........................................................................................................57 Personal protective equipment (PPE) >..................................................................................59 Public safety > ........................................................................................................................64 Refrigerated spaces >.............................................................................................................66 Safety committees > ...............................................................................................................67 Slips, trips and falls >..............................................................................................................72 Smoke free legislation> ..........................................................................................................74 Workplace complaints >..........................................................................................................79 Risk management >................................................................................................................80 Work premises >.....................................................................................................................83 Accident notification > What legislation enforces accident notification requirements? Regulation 46 of the Work Health (Occupational Health and Safety) Regulations requires employers to notify certain accidents and occurrences. What work-related injuries must be reported to NT WorkSafe? Notification of accidents applies to all places of work within the Northern Territory (NT) other than mines. NT WorkSafe must be notified when as a result of an accident at your workplace, there has been either a death or serious personal injury to an employee. An injury will be considered a "serious personal injury" when the employee is unable to attend work or unable to carry out his/her usual work for a continuous period of at least five or more working days. Notification of the accident should be reported to the NT WorkSafe Office closest to where the accident occurred. What work related illnesses must be reported to NT WorkSafe? A work related illness suffered by an employee is required to be reported to NT WorkSafe if: • as a result of the illness the employee is, for a continuous period of five or more working days, unable to attend his/her usual place of work or to perform his/her usual duties at that place of work, and the employee provides the employer with a medical certificate, which states that, in the opinion of a medical practitioner, the illness was work related. • What is a dangerous occurrence and does it have to be reported? A dangerous occurrence covers any of the following events that may occur at your workplace and must be reported according to legislation even if no one is injured: • damage to any boiler, pressure vessel, plant, equipment or other thing which endangers or is likely to endanger the health or safety of anyone at the workplace; damage to any load bearing member or control device (e.g. brakes, steering) of a crane, hoist, conveyor, lift, • Frequently asked questions 3 escalator, moving walk, plant, scaffolding, gear, amusement device or public stand; • • an uncontrolled explosion, fire or escape of gas, dangerous goods or steam; any occurrence involving imminent risk of explosion, fire or escape of gas, dangerous goods or steam; any occurrence involving imminent risk of death or serious injury to any person (e.g. electric shock) or substantial damage to property. Do work-related accidents to non-employees (e.g. sub contractor or visitor) need to be reported to NT WorkSafe? Yes. NT WorkSafe must be notified when there has either been a death or serious personal injury to a non-employee (e.g. a subcontractor or visitor). An injury will be considered a serious personal injury when the person is unable to attend work or unable to carry out his/her usual work for a period of five or more working days. Do accidents occurring whilst travelling to or from work need to be reported to NT WorkSafe? Who is responsible for notifying NT WorkSafe when a work-related injury, illness or dangerous occurrence occurs and is there a time limit for notification? Generally no. Accidents occurring whilst travelling to or from work do not fit into any of the definitions of a notifiable accident under the OH&S Act or Regulations. They are not considered work related for the purpose of the OH&S Act. The Regulation makes the employer or person in control of the place of work responsible for sending in the Accident Report. They must do so no later than seven (7) days after the accident occurs. However, if the person in control of the place of work is not aware that the accident will result in death or "serious" personal injury at the time of the accident, he/she must notify NT WorkSafe within seven (7) days of becoming aware of that fact. Note: The Accident Report can be completed and signed by a supervisor or other person acting on behalf of the employer. What are the penalties for not reporting an accident? Infringement Notice $250.00 Breach of OHS Regulations max $5000.00 Frequently asked questions 4 Can I report a work-related injury, illness or dangerous occurrence by telephone and/or fax? Yes, you can report an accident to the local office of NT WorkSafe by telephone and/or fax. You must still send us the original report with a note that the accident has been notified by telephone and/or fax. The Accident Report should be sent to the NT WorkSafe Office closest to where the accident occurred. For how long am I, as an employer, required to keep a copy of an Accident Report? You must keep a copy of any Accident Report that you send for at least five (5) years. You must let an officer from NT WorkSafe see the copy if he or she asks for it. What other reporting requirements do I have as an employer? You must have a Register of Injuries book in which workers should record details of work-related injuries and illnesses. A "near miss" should be considered as a warning sign and may indicate a potential problem that could result in serious injury. All employees should be encouraged to report and record near misses. This may require the development of a separate register to record information on near misses or the development of an accident/incident form that can be used for both injuries and near misses. When an interstate business is carrying out work in the NT and an accident occurs, where should the accident be reported? When an interstate business employs workers in NT, it must insure their employees with an approved NT insurance company. As such, the accident, via the workers compensation claim form, would need to be reported to the approved NT insurance company. If this accident occurred causing death, or a worker's inability to perform his/her normal duties for a continuous period of at least five (5) days, then the accident must also be reported to NT WorkSafe through the Accident Report. This must be done within seven (7) days from the time that the employer receives notification of the accident. The same applies in the event of a near serious accident. This notification of accidents applies to all places of work within NT other than mines. Frequently asked questions 5 Asbestos > What do I do about asbestos in my workplace? In many cases the presence of asbestos-containing building materials is no cause for alarm and the materials can be left in place. For example, internal asbestos cement sheet walls or ceilings edged with wood trims and coated with paint are not a health risk. External asbestos cement roofs and wall cladding need not be replaced unless the surfaces have deteriorated. The regulations covering asbestos in workplaces are the Work Health (Occupational Health & Safety) Regulations. The regulations are enforced by NT WorkSafe and place duties on employers, self-employed persons and occupiers of workplaces to ensure safe use, handling and removal of asbestos in workplaces. If you are an employer or building occupier and you believe asbestos may be present in your workplace you must: • identify whether in fact asbestos is present - an approved analyst must be consulted to if it is necessary to make this determination assess the risk of exposure to employees document the assessment and keep employees informed and consulted clearly label any asbestos identified, if possible or identify the presence and location of asbestos (e.g. in a floor plan) if a risk of exposure exists, an action plan should be developed. - this should include the removing, enclosing or sealing the asbestos if the building, structure, ship, piece of plant containing the asbestos is to be demolished or refurbished, the employer must assess the risk to employees arising from this work prior to commencement - any risk must then be controlled appropriately • • • • • Who can I use to remove asbestos? You must use a NT WorkSafe licenced removalist to remove asbestos from a workplace. NT WorkSafe divides asbestos removalists into two categories: • Restricted - can only remove non-friable forms of asbestos (e.g. AC sheet, vinyl floor tiles and other materials where asbestos is bonded by cement, vinyl resin etc.) Frequently asked questions 6 • Unrestricted - can remove all forms of asbestos For example, a restricted removalist can be engaged to remove AC roofing, whereas a Class A removalist would be needed to remove pipe lagging which contained looselybound asbestos fibres. NT WorkSafe does not recommend individual asbestos removalists. A licence is not required for: a) the removal of asbestos - cement product or other non-friable asbestos containing material (such as that bonded to vinyl or resin) that covers less than 10 square metres; or the removal of a sample of material for the purposes of identifying the material; the removal of insulation material that consists of or contains asbestos for the purposes of carrying out maintenance or repair work, where the material removed does not extend more than one metre in any direction from the place of maintenance or repair. b) c) What do I do about asbestos in my house? Asbestos cement products that may be found around your home include flat or corrugated sheeting (fibro), water or flue pipes, roof shingles and flexible building boards. Other building products, which may contain asbestos fibres, include plaster patching compounds, textured paint, vinyl floor tiles and the backing of lino floor coverings. Some older forms of insulation (particularly hot water pipes, domestic heaters and stoves) and ceiling insulation may also contain the loose form of asbestos fibres. The Occupational Health and Safety Legislation does not apply to domestic settings (i.e. houses), unless contractors have been engaged to work on the site. However, if you find asbestos in your home and need to have it removed this should be done safely. How do I become an approved asbestos removalists/analyst? You will need to demonstrate a high degree of competency in removing asbestos as well as adequate record keeping procedures. Contact NT WorkSafe – 1800 019 115. Frequently asked questions 7 Complaints > How do I make a workplace complaint? Before NT WorkSafe becomes involved in the issue, you might like to try resolving it "in house", if you haven't already done so. This might include: • • • complaint to the workplace OH&S Committee direct negotiation with management negotiation with management through union representatives. If none of these courses of action are appropriate or successful the local office of NT WorkSafe should be contacted. For action to be taken it will be necessary for sufficient information to be provided to enable NT WorkSafe to: • • identify the issue as one which is within its jurisdiction find the address of the workplace and the location within that workplace which is the subject matter of the complaint identify the exact nature of the complaint identify the name and address of the organisation or individual in control of the workplace. • • If I make a workplace complaint, will it remain anonymous? Officers will not reveal the source of the complaint if the complainant wishes to remain anonymous. What happens once I have made an official complaint? The person who receives the complaint will complete a complaint form. The complaint will then be allocated to an Officer. If a complaint is received by fax, email or mail, NT WorkSafe will acknowledge receipt of the complaint within five working days. An Officer must make an initial response to the complaint within fifteen working days of receiving the complaint, however the complaint may be responded too more quickly if the matter is urgent. The relevant Officer will advise you of the outcome as soon as the investigation is completed. Frequently asked questions 8 What is the role of the NT WorkSafe Officer in investigating workplace complaints? NT WorkSafe Officers have a dual role. They help employers and employees to understand their rights and obligations under occupational health and safety, workers compensation, injury management, dangerous goods and other relevant legislation. They also have a range of powers to enforce compliance with the legislation. Frequently asked questions 9 Confined spaces > Where do I find regulations for confined spaces? Northern Territory Work Health (Occupation Health and Safety) Regulations. Division 3A, regulations 61 & 61A. Which Australian Standard refers to Confined Spaces? AS/NZS 2865:2001 and is titled Safe working in a confined space. Who responsible under the confined space regulations? Designers, manufacturers, installers, owners, employers, workers and contractors. What is a confined space? As defined in the Work Health (Occupational Health and Safety) Regulations a confined space is an enclosed or partially enclosed space which – • • • is at atmospheric pressure during occupancy is not intended or designed primarily as a place of work may have restricted means for entry and exit and, may have a hazardous atmosphere or cause engulfment. What hazards are associated with confined spaces? There are many hazards associated with entry and work in confined spaces. Some of these include; unsafe oxygen levels, contaminated atmospheres e.g. toxic, flammable atmospheres, engulfment, access/egress and other hazards such as mechanical, electrical, physical and biological. Some hazards may exacerbate the risk such as welding, spray painting or abrasive blasting. Examples of confined spaces include; pits, hoppers, sewer systems, storage tanks, storm water systems, boilers, mixing tanks, silos, shipboard compartments, degreasers, road train tankers, rail tank cars, wet wells, cooling water towers, lift wells and conveyer systems. Frequently asked questions 10 What industries are confined spaces found in? Confined spaces can be found in nearly all industries. Industries include; agriculture and fisheries, mining, manufacturing, electricity, gas and water supply, construction, wholesale and retail trade, accommodation, cafes and restaurants, transport and storage, health, education and defence. As an employer, what are my responsibilities? Your responsibility is to provide and maintain a safe and healthy work environment, eliminating or minimising the risk to your employees. This means as an employer you must establish and maintain a safe system of work. This requires you to, identify the type of confined space and the hazards. Assessing the level of risk to workers entering the confined space and implement effective measures to control the risks. As a worker, what are my responsibilities? You must follow all reasonable instructions from your employer and undertake an appropriate level of training in confined spaces. What are my responsibilities as a contractor? As a contractor you have joint responsibility with the owner (of the confined space) and therefore you must also comply with regulations 61 and 61A. As an employer what procedures must I develop for confined space entry? Written safe work procedures must be developed and implemented for personal protection, emergency response (including rescue), first aid and fire suppression. It is further recommended that you should develop and implement a written safe work procedure for the process of the entry permit (written authority). Do I need a stand-by person outside the confined space? Yes. The stand-by person is essential in the role of maintaining observation and communications with the occupants inside the space. If required, the stand-by person initiates emergency response and prepares the area for rescue teams. Frequently asked questions 11 Who provides confined space training? Registered training providers, registered with the Department of Employment, Education and Training or the Australian National Training Authority (ANTA). The training modules prepared by the training providers should be prepared in accordance with Worksafe Australia’s Nation Core Training Elements for Safe Working in a Confined Space. You can find these training providers advertised in the Yellow pages of your telephone directory. What does the confined space training cost? As the training is provided by private industry, the cost varies. Therefore it is recommended that you contact each training provider to discuss costs. How often is confined space training undertaken? Everybody is required to undertake initial training and refresher training at appropriate intervals. Refresher training should be undertaken at intervals determined by the employer to ensure the relevant persons maintain competency skills. How can I determine hazardous atmospheres are safe? Calibrated electronic instruments can detect hazardous atmospheres such as unsafe oxygen levels, flammable levels and toxic levels. Some brand names include; MSA, Industrial Scientific, Draeger, Austech, Biosystems, and Gastec. Contact your nearest trade outlet for information on equipment that you need to purchase. Do I have to keep records? You have to keep and maintain records for; hazard identification and risk assessments (5/30 years), entry permits (one month), health surveillance (30 years), instrument calibration records (refer to manufacturer) and training (length of employment of the worker). Where can I get more information on confined spaces? NT WorkSafe has developed a series of information bulletins and a guide on confined spaces. You can obtain the information bulletins from any NT WorkSafe office or visit the website: http://www.worksafe.nt.gov.au/ Frequently asked questions 12 Other States and Territories also develop their own information resources and you can access through the following websites; www.nohsc.gov.au | www.comcare.gov.au | www.workcover.act.gov.au | www.workcover.nsw.gov.au | http://www.whs.qld.gov.au/index.htm| www.workcover.com | www.wsa.tas.gov.au | www.workcover.vic.gov.au | www.safetyline.wa.gov.au | www.acci.asn.au | www.actu.asn.au | Frequently asked questions 13 Construction > How do I use a ladder safely? • • • • • • • • • • • • • • • • make sure the ladder is rated for industrial use, not domestic use always have two hands free to climb up and down any materials or tools (other than those held on a worker's belt) should be transferred to the work area separately ladders should generally only be used to access or exit from an area, not as a work station in themselves light duty work not exceeding the load rating of the ladder may generally be undertaken ladders should be secured against movement and be supported from a firm, level, non-slip surface ladders should be placed at a slope that is no steeper than 4 units of height to 1 unit horizontally always face the ladder while climbing up, down or working never place feet higher than 900mm from the top of the ladder never over-reach from a ladder never work from a ladder above another person never have more than one person on a ladder at any one time do not use a ladder in an access way or where it may be hit by a door do not undertake work requiring restricted vision, welding or metal cutting from a ladder a non-metallic ladder should be used where there are electrical hazards refer to the Australian Standard AS/NZS 4576 "Guidelines for Scaffolding" when using ladders associated with scaffolds. Further information can be found in NT WorkSafe bulletin WH 03.01.08 What are the technical specifications required for trenching and/or excavations? Site investigations must be conducted before the commencement of any work. Consideration should be given to: • • type of support system used (e.g. metal shields/timber sets) nature of the ground Frequently asked questions 14 • • • level of the water table type of water control required underground services (e.g. gas or power) Contact 'Dial Before You Dig' on 1100 or www.dialbeforeyoudig.com.au points or sources of instability old excavations man-made or environmental hazards that may impact on the new excavation work angle of repose for particular type of soil • • • • Daily site inspections should be conducted to ensure: • there hasn't been any under-cutting of the trench wall • • • the trench supporting system has not been overstressed the trench wall is not fretting (i.e. the stability of the trench wall is not affected by excess ground water) there are no visible cracks in the surface of the trench Employees need to understand and be aware of all safety procedures for working in and around trenching including: • • • • • no person is to enter excavations unless someone is on watch up top no person is to enter an unsupported trench or excavation under any circumstances hard hats are to be worn whilst working on an excavation site entry into the trench should be gained by ladder only consideration has been given to emergency procedures It is important to note that most excavations are not considered "Confined Spaces" unless specific conditions relating to "Confined Spaces" exists. All excavations greater than 1.5 metres deep are subject to the provisions of the Mining Act. Am I required to provide fall protection when installing a new roof on a house or undertaking repair and maintenance on a house roof? Work that is conducted where a free fall of 3 metres or greater is possible, specific fall prevention mechanisms such as those described in the Code of Practice must be included as part of that work. Fall protection is generally required for roof work when: • the roof is at two stories high or the fall height is similar Frequently asked questions 15 • • where concrete or semi-glazed tiles or shingles are used and the slope of the roof exceeds 30 degrees where dry/clean fully-glazed tiles or metal deck roofing materials are used and the slope of the roof exceeds 23 degrees on roofs where the presence or likelihood of surface moisture, oil or other conditions makes the roof surface slippery and the slop of the roof surface exceeds 10 degrees any other situation occurs which would indicate an unacceptable risk of injury resulting from a fall (such as stacked materials or impalement hazards on the ground) • • In addition, safe access and exit to the roof must be maintained. Perimeter scaffolding or proprietary brand guardrail systems are the preferred methods for protecting roof workers from falling from the roof edge. Further information is provided in the approved codes of practice: • • Prevention of falls at workplaces – General Prevention of falls at workplaces – Part 1 – Roofing and Cladding What is required before starting excavation work exceeding 1.5 metres where utilities (water, sewer, gas, and electrical or other services) are to be installed or worked on? A "Notification of Work" must be submitted to NT WorkSafe before work commences (faxed to (08) 8999 5141). An investigation is conducted for any underground services where excavation is to be made (e.g. Contact 'Dial Before You Dig' on 1100 or via the website Dial Before You Dig) A check must be conducted for overhead powerlines close to the proposed excavation (distance requirements are recommended by the Power and Water Corporation) Provisions must be made to protect the public (e.g. hoardings, road plates, flashing lights, barrier mesh, signage What safety precautions should be taken when using an Elevating Work Platform (EWP)? Selection of an appropriate type of Elevating Work Platform (EWP) should be made following consideration of: • • • • type of work to be carried out height and reach of the unit safe working load of the unit existing ground conditions Frequently asked questions 16 • existence of any electrical hazards such as powerlines Safety precautions that should be taken include: • • • • • • • operator and personnel are appropriately trained and familiar with the EWP the EWP is checked for operational safety prior to use the support surface for the EWP is free of penetrations and is preferably flat pneumatic tyres are in good condition and free of defects any travel when the platform is raised is in accordance with the manufacturer's recommendations it is recommended best practce that harnesses be used in all types of EWP including scissor lifts do not climb in or out of the platform while the EWP is elevated Persons operating boom-type EWP's with a boom length of 11 metres or more must hold, or be directly supervised by, the holder of a national licence (class WP). What Codes of Practice exist relating to Construction workplaces? The following Codes of Practice contain information useful to those working in the Construction industry: • • National Code of Practice for Manual Handling [NOHSC:2005(1990)] (PDF Version) National Code of Practice for the Control and Safe Use of Inorganic Lead at Work [NOHSC:2015(1994)] (PDF Version) National Code of Practice for the Safe Handling of Timber Preservatives and Treated Timber [NOHSC:2003(1989)] (PDF Version) National Code of Practice for the Safe Use of Ethylene Oxide in Sterilisation/Fumigation Processes [NOHSC:2008(1992)] (PDF Version) Code of Practice for the Safe Removal of Asbestos [NOHSC:2002(1988)] (PDF Version) National Code of Practice for Management and Protection of Hearing at Work [NOHSC:2009(2000)] (PDF Version) National Code of Practice for the Control of Major Hazard Facilities [NOHSC:2016(1996)] (PDF Version) National Code of Practice for the Control of • • • • • • Frequently asked questions 17 Scheduled Carcinogenic Substances [NOHSC:2014(1995)] (PDF Version) • National Code of Practice for the Control of Workplace Hazardous Substances [NOHSC:2007(1994)] (PDF Version) National Code of Practice for the Labelling of Workplace Substances [NOHSC:2012(1994)] (PDF Version) National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC:2011(1994)] (PDF Version) National Code of Practice for the Preparation of Material Safety Data Sheets 2nd Edition [NOHSC:2011(2003)] (PDF Version) National Code of Practice for the Prevention of Occupational Overuse Syndrome [NOHSC:2013(1994)] (PDF Version) National Code of Practice for the Safe Use of Synthetic Mineral Fibres [NOHSC:2006(1990)] (PDF Version) National Code of Practice for the Safe Use of Vinyl Chloride (PDF Version) National Code of Practice for the Storage and Handling of Workplace Dangerous Goods [NOHSC:2017(2001)] (PDF Version) NT approved code of Practice for the Prevention of Falls at Workplaces – General (PDF version) NT approved Code of Practice for the Prevention of Falls at Workplaces – Part 1 – Roofing and cladding (PDF version) • • • • • • • • • Frequently asked questions 18 What National Standards exist relating to Construction workplaces? The following National Standards contain information useful to those working in the Construction industry: • • Approved Criteria for Classifying Hazardous Substances [NOHSC:1008(1999)] (PDF Version) Exposure Standards for Atmospheric Contaminants in the Occupational Environment - Database [NOHSC:3008(1995)] (HTML) National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment - 3rd Edition [NOHSC:1006(2001)] (PDF Version) National Standard for Limiting Occupational Exposure to Ionizing Radiation [NOHSC:1013(1995)] (PDF Version) National Standard for Manual Handling [NOHSC:1001(1990)] (PDF Version) National Standard for Occupational Noise [NOHSC:1007(2000)] (PDF Version) National Standard for Plant [NOHSC:1010(1994)] (PDF Version) National Standard for Synthetic Mineral Fibres [NOHSC:1004(1990)] (PDF Version) National Standard for the Control of Inorganic Lead at Work [NOHSC:1012(1994)] (PDF Version) National Standard for the Control of Major Hazard Facilities [NOHSC:1014(2002)] (PDF Version) National Standard for the Storage and Handling of Workplace Dangerous Goods [NOHSC:1015(2001)] (HTML) or PDF Version Safe Working in a Confined Space (AS 2865-1995) Australian Standard - Worksafe Australia National Standard (PDF Version) The National Standards Guide (HTML) Workplace Injury and Disease Recording Standard in the Workplace (PDF Version) • • • • • • • • • • • • Frequently asked questions 19 What are the safety requirements for working on the side of a road? Persons working alongside public roads must have an approved Temporary Traffic Management (TTM) plan. A risk assessment of hazards associated with working on roadways should be conducted in consultation with employees prior to work commencing, so that appropriate control measures can be implemented. High visibility vests should always be worn when working on or near a road. Frequently asked questions 20 Dangerous goods > What are dangerous goods? Dangerous goods are substances or articles that are potentially dangerous to people, property and the environment. They may be: • • • • • • • corrosive flammable (can ignite) explosive spontaneously combustible (burst into flames without being lit) toxic (poisonous) oxidising (help a fire to burn more fiercely) water reactive (produce gases if mixed with water) Dangerous goods include items such as: • • • • • petrol based products pool chlorine liquefied petroleum gas (LPG) ammonium nitrate fertiliser articles that contain dangerous goods (e.g. batteries) What are the different classes of dangerous goods? Dangerous goods are grouped into different classes according to the most significant risk presented by the goods. These are: • • • nine classes (numbered 1 - 9), some having subclasses goods too dangerous to be transported combustible liquids Explosive substances or articles used to produce explosions Information on the classification of Class 1 Explosives is included in The Australian Explosives Code Class 1 Class 2.1 Flammable gas Gases that can ignite in air on contact with a source of ignition Frequently asked questions 21 Class 2.2 Non flammable, non toxic gas Gases that are non flammable but may cause suffocation Class 2.3 Toxic gas Gases likely to cause death or serious injury if inhaled Class 3 Flammable liquids Liquids, the vapours of which can ignite in air on contact with a source of ignition Class 4.1 Flammable solids Substances that are easily ignited by external sources, such as sparks and flames. Class 4.2 Substances liable to spontaneous combustion Substances likely to heat spontaneously and ignite. Class 4.3 Substances that in contact with water emit flammable or toxic gases Substances that produce dangerous quantities of flammable or toxic gas when in contact with water; heat from this reaction may cause these gases to spontaneously ignite. Class 5.1 Oxidising substances Substances that are not necessary combustible by themselves but may produce oxygen which increases the risk and intensity of fire in other materials with which they come into contact. Class 5.2 Organic peroxides Substances that are thermally unstable and likely to react dangerously with other substances Class 6.1 Toxic substances Substances likely to cause death or serious injury if swallowed, inhaled or brought into contact with the skin Class 6.2 Infections substances Further information is available from the Northern Territory Health Class 7 Class 8 Radioactive material Further information is available from the Corrosive substances Solid and liquid substances that can damage living tissue Miscellaneous dangerous goods and articles Substances and articles that present a danger and are not covered by other classes Class 9 Note: Information on the classification of dangerous goods may be gained from the Australian Dangerous Goods Code (ADG). Frequently asked questions 22 Goods too dangerous to be transported Combustible liquids C1 Information on the classification of combustible liquids is available in Australian Standard AS 1940. The storage and handling of flammable and combustible liquids. Copies can be obtained from Standards Australia at www.standards.com.au What is the difference between 'dangerous goods' and 'hazardous substances'? Dangerous goods and hazardous substances are classified according to different criteria. • Dangerous goods are classified on the basis of immediate physical or chemical effects such as fire, explosion, corrosion and poisoning that may affect property, people or the environment (e.g. petrol, pool chlorine). Hazardous substances are classified only on the basis of health effects - both medium and long term. • Dangerous goods and hazardous substances are covered by separate legislation. If you comply with the hazardous substances risk control duty in relation to exposure then you are not required to repeat this process under the Dangerous Goods Regulations. When are information signs or placards required? The Dangerous Goods regulations set out the requirements for placarding and detail the: • • • form (e.g. size, content and layout) and location and the quantities of dangerous goods or 'threshold levels' over which placards must be displayed. The minimum size of the Class label is now 100mm. There is no longer a requirement to display the Hazchem code as part of the placard for packaged (i.e. not bulk) dangerous goods storages. Does a site holding dangerous goods need to keep a list of products and their quantities (a manifest)? Yes, if the quantities of dangerous goods exceed the levels set out in the Dangerous Goods Regulations. Record of the name of each person, address and date to whom the dangerous goods are consigned and the description and quantity of the dangerous goods (34, Dangerous Goods Regulations) Frequently asked questions 23 What is a dangerous goods register and how long must one be kept A dangerous goods register is a list of all the dangerous goods kept on, or likely to be kept on a site. It does not include: • • dangerous goods that are in transit dangerous goods in packages of a size that does not require marking under the Australian Dangerous Goods Code. The Dangerous Goods Regulations do not specify a timeframe for keeping the register. The register should be kept and maintained for all dangerous goods supplied. If the use of any dangerous goods is to be permanently discontinued, it should be removed from the register. Goods used periodically or seasonally do not need to be removed from the register. If you are required to keep a register under the Occupational Health and Safety (Hazardous Substances) Regulations you may combine the register with the one required under the storage and handling regulations. Should quantities be included in a dangerous goods register? No, the register is simply a list of the product names of all dangerous goods supplied to the premises accompanied, where required, by a current Material Safety Data Sheet (MSDS) for each of the items. A quantity can be included if you wish. Who do the Dangerous Goods Regulations apply to? Those who: • manufacture • import • supply • store • handle • transport • sell dangerous goods have duties and responsibilities under the Regulations. The Regulations are based in the provisions of the National Standard for the Storage and Handling of Dangerous Goods issued by NOHSC and complement the Occupational Health and Safety (Hazardous Substances) Regulations. Frequently asked questions 24 Duty of care > What is duty of care? As employers are in control of the workplace and workplaces can have significant risks to health and safety, employers are required to organise their workplace and their work systems to ensure people at work are not put in harm's way. What legislation enforces duty of care requirements? Under the Work Health Act, Section 29 (1)(a)(b), employers have the duty to ensure the health, safety and welfare of their workers, as well as visitors, contractors and clients. Under Section 29 (2) employers have the primary responsibility for ensuring health and safety at work. Under Section 31 employees are required to co-operate with employers in ensuring the workplace is safe and without risks to health. They are also required to not put others at risk by their actions at work. This legislation is the basis of the duty of care requirements. This and other provisions of the Act require employers to ensure that: • • • • systems of work are safe; equipment is safe and properly maintained; employees receive health and safety information and training; employees are properly supervised. How will I know if a particular health and safety issue falls under duty of care? Many OHS questions do not have a clear-cut regulation to cover them. Although there is some prescriptive legislation still in use, the move away from prescriptive legislation means that more and more issues are covered by the principle which underlies section 29 of the Work Health Act. As employers are in control of the workplace and workplaces can have significant risks to health and safety, employers are required to organise their workplace and their work systems to ensure people at work are not put in harm's way. The employer is responsible for ensuring a safe and healthy workplace. Any issue which may place people in the workplace at risk should be considered as a duty of care issue. This can include issues not typically seen as OHS matters such as bullying and personal safety (e.g. aggression from clients, working alone at night). Frequently asked questions 25 Any matter that can affect the health, safety and welfare of people at work can be a duty of care issue. What is the Six Step Approach to duty of care? A six-step approach has been devised to assist with the implementation of an OH& S system. This plan can help you prevent accidents, incidents, injuries and work related ill health. The six steps are: • • • • • • develop OH&S policies and programs; set up a consultation mechanism with employees; establish a training strategy; establish a hazard identification and workplace assessment process; develop and implement risk control strategies, and promote, maintain and improve these strategies. These steps are not necessarily in order, because all workplaces are different As an employer how do I meet my duty of care obligations? The most effective form of occupational health and safety (OH&S) management is when health and safety is integrated in organisations corporate planning and implementation strategies. A lack of commitment to health and safety will result in OH&S remaining a marginalised and insufficiently funded workplace activity. A six-step approach has been devised to assist with the implementation of an OH&S system. This plan can help you prevent accidents, incidents, injuries and work related ill health. See previous question ‘What is the Six Step Approach to duty of care?’. If employees are working very long hours or shift work what are the implications under duty of care? The issue of long hours or shift work for duty of care is whether or not this places employees or other people in the workplace at risk. For example, if employees operate machinery through long hours, this may lead to fatigue which could increase the probability of an accident occurring. To meet their duty of care, employers should identify the risks which long hours or shift work may raise and implement control strategies to remove or minimise the risks. Frequently asked questions 26 This may involve such options as: • • • restricting overtime; rotating staff, or introducing rest periods. (Although not directly related to duty of care, it is recommended that the Department of Employment and Workplace Relations be consulted to ensure the hours worked are within the provisions of the employee's Award). If an employee is working late at night on their own what are the implications under duty of care? As with all generic duty of care issues there is no clear cut answer. A common sense approach is required, e.g. if a person is working alone late at night, establish what systems are in place to protect the worker, e.g. duress alarms, video cameras, access to a phone. A risk management approach is useful (ie hazard identification, assessment and control). Address the risk, what is the potential for harm? • For example, a person working late at the office may need only a phone to be available and the employer could be seen to be meeting his/her obligations, whereas a person working in a convenience store may need a more comprehensive security system. What are the penalties for failing to meet the duty of care obligations? The Work Health Act has provisions for penalties of up to $125, 000 for offences. Frequently asked questions 27 Fatigue management > Does the NT regulate driving hours? No. The Northern Territory has adopted an outcomebased approach to managing driver fatigue. Under the NT Work Health Act, employers have an obligation to provide a safe workplace, which does not endanger workers or others. For businesses, which involve transport, driver fatigue is a hazard, which must be managed through good work practices. Why doesn’t the NT follow the national driving regulations? The Northern Territory has unique driving conditions with long straight roads, greater distances to cover, low traffic volumes, and climatic extremes. It is not practical to require a driver to stop in the middle of a spinifex plain in 40°+ heat because she or he has reached their prescribed driving hours limit. In addition, the regulatory approach (logbooks) has been shown to be ineffective in the management of fatigue and has a history of abuse. The regulations do not take into account other issues important in the management of fatigue, for example, driver health and lifestyle, quality and time of rest (body clock), and vehicle accommodation. Why isn’t the Code of Practice mandatory? The safety outcomes of the Code of Practice are mandatory – the methods you use to achieve those outcomes are not. This allows flexibility for you to develop a system that suits your business. If you do choose to go outside the guidelines it is up to you to demonstrate that the safety outcomes are still being met. Fatigue management is only for long distance trucking operations, so why should I implement fatigue management systems? Fatigue is an issue in all driving operations. Therefore, where you or your employers must drive as a part of your business, you must manage fatigue. The package of fatigue management materials has been produced to help you deal with this aspect of your business. These resources can be adapted to suit your particular operation. Frequently asked questions 28 Do I have to use one of the model systems in the fatigue management package? If I already have records for driver’s hours and schedules in place, do I have to duplicate these? No – these are examples only. If you have an existing system or paperwork that gives you the same result by all means use it. We encourage businesses to use their own systems wherever possible to avoid duplication. Do the model systems have any legal standing? If you implement the intent of the model systems you will meet your Duty of Care. There is no legal requirement to use one of the model systems; they provide an example of just one approach you can use. If I implement a model system have I got any guarantees that I will meet my OH&S obligations? Provided it is not just words on paper and is reflected in what you actually do in your day to day operations then you will meet your OHS obligations. What if my drivers don’t follow company policies and drive outside our fatigue management policy? Under the Work Health Act all workers have a duty of care to follow reasonable instruction given their employer in relation to safety. Driver fatigue is a safety issue. However, it is important to note that if an employer is aware that the policy is not being followed the employer also breaches their duty of care if they don’t enforce it. How can I tell if my driver is adequately rested and fit for work? Firstly all companies should have a policy that outlines what the expectations are for the driver, i.e. present fit for work adequately rested and free from the influence of drugs or alcohol. When first developing a policy you should involve all existing drivers in the decision making process. This policy should include a clause that has a process in place in the event the employer has concerns over fitness for work e.g. constantly yawning, smell of alcohol or drugs on breath, inattentive or distant behaviour. How can I influence my drivers’ ‘out of work’ activities? You can educate workers on lifestyle issues, for example, the advantages of responsible drinking, good quality sleep, fitness and healthy eating. You should also have a policy where workers present in a fit state for work – and enforce it. (see above) Frequently asked questions 29 Must I undertake a risk assessment for each trip? Not if the trip has the same driver, same route, same tasks, same times, and is carried out on a regular basis. In this case, one risk assessment is adequate. If one of these factors change you will need to re-do your assessment to take this change into account. Must drivers be involved in every risk assessment? Yes, they must sign off an assessment. They must be satisfied that they can safely complete the trip/roster as detailed in the risk assessment. What is adequate rest? The amount of rest a person requires varies from individual to individual, and the quality of sleep, and the time at which that sleep is taken is also very important. The Code of Practice recommends a minimum period of 6 consecutive hours of sleep a night. In addition, a break must allow enough time for drivers to prepare for sleep and return to work. (Note: experts suggest the best quality sleep is taken between 10:00 pm and 6.00 am) What is ‘sleep debt’? When a driver has had several nights with reduced sleep this is known as ‘sleep debt’. The accumulated effect of a lack of sleep of a number of nights is sleepiness, reduced performance, mood swings, until eventually the need to sleep becomes overwhelming, and the driver could fall asleep at the wheel. How much sleep is needed to overcome sleep debt? Whilst the minimum recommended sleep may be sufficient for one or two consecutive nights, it is not adequate rest over a longer period. To overcome sleep debt drivers need to have consecutive days with periods of unrestricted rest on a regular basis. The code of practice recommends a minimum of 2 periods of at least 24 hours rest in every 14 days. How many short rest breaks are required? Short rest breaks do not replace sleep opportunities, although they may break the monotony of the task, and provide an opportunity for the driver to ‘freshen up’. Some research has shown that short breaks are most effective when taken before the driver is very fatigued and when the driver consumes food. Of course, choosing the right food is also important! Trip schedules should allow that driver to take a short rest break when needed, however, a short rest break after every 5 hours is generally regarded to be a minimum. Frequently asked questions 30 Tour itineraries are set, how can our drivers’ schedules be ‘flexible’? Risk assessments will need to be done for all itineraries in line with the Code of Practice and the resource materials provided. It is important to note that drivers must be made aware of their scheduled breaks. Our tours commence before sunrise, so our drivers work in the high risk period. How do we accommodate this risk? Where your drivers need to work in the high risk periods you will need to schedule additional time off to counteract accumulated sleep debt. Some of our tours may be up to 24 days in length, how can these be accommodated in our fatigue management system? You will need to undertake a risk assessment of the itinerary that takes into account all factors to ensure the risk is minimised. Bare in mind it is recommended that a driver has a minimum of 2 days of rest in any 14 day period. Factors to take into account include: • driving hours • rest periods • non-driving hours • sleep times • working hours • quality of accommodation • extreme operating conditions, eg climate, remoteness • availability of support, eg tour host/hostess • nature of task Are medical assessments mandatory? The Northern Territory has implemented the national guidelines for medical examinations in relation to commercial passenger vehicle driver license (‘h’ endorsed licenses). Whilst it is recommended drivers of other forms of commercial transport undertake regular medical assessments for fatigue management purposes, this is an advisory measure only, and is not required under legislation. What training is available? Training modules for fatigue management are available through the Transport Distribution Training framework, provided by accredited training agencies. Further information regarding training can be obtained by contacting the ANTA. However, if you require assistance in the use of any of the resource materials contact NT WorkSafe or Frequently asked questions 31 Transport and Works. Frequently asked questions 32 What is considered ‘appropriate’ accommodation? For heavy vehicle truck and coach drivers undertaking long trips, a sleeper cab or bunk which meets the appropriate Australian Standard is considered adequate accommodation. If a sleeper is not available, the driver should be provided with accommodation in an environment, which allows adequate sleep. For drivers employed on safari-style tourist operations, accommodation of an equal standard to that provided for guests would usually be considered appropriate for the driver to obtain adequate rest in the short term. Over a longer trip this could lead to an accumulated sleep debt and operators should take this into account in the risk assessment. How do I review my fatigue management system? The document ‘Fatigue management … A guide’ may be used to conduct a review of your fatigue management system. How often will I be audited? In the short term audits will only be undertaken on a random basis or a reactive basis i.e. on request or after a complaint or accident. What recognition of a successful audit will I receive? When a full audit is undertaken a report will be issued to management. This report will acknowledge the good parts of the system and also identify any deficiencies. What if my fatigue management system doesn’t meet all the requirements at the time of audit? This will be reflected in the report and it will be expected that management will rectify any deficiencies. NT WorkSafe will follow up on any audits as required. What will happen if my fatigue management system ‘fails’ an audit? Where there are major problems with complying with the audit NT WorkSafe will work through with the operator to determine appropriate outcomes. It is hoped that most issues will be satisfactorily dealt with using this process of conciliation failing that the normal enforcement procedures will apply: • • • Improvement Notices (7 days to fix) Prohibition Notices (stop work until fixed) Legal proceedings (with possible fines of $125,000 for companies and $25,000 for individuals) Frequently asked questions 33 Frequently asked questions 34 First aid > What legislation enforces first aid in a workplace? Work Health Act 1986 Work Health (Occupational Health and Safety) Regulations 1996, Regulation 52. Also refer to NT WorkSafe publication ' A Guide to First Aid in the Workplace' What workplaces are covered by the First-Aid Regulation? The Regulation covers all places of work except for: • • • Mines; Oil Rigs Commonwealth Government Departments What are the first-aid requirements for my workplace? In any workplace, the total number of workers, location of workplace (e.g. isolation) and the type of work being performed on site at any given time determines the size of the first-aid kit to be provided or the requirement for a first aid room. Are First Aid Rooms required? First aid rooms are required by larger companies and organisations, which by nature of their location, or type of industry, require a first aid room. Others to a lesser degree may have a need for a 'treatment area'. Are the first-aid requirements dependent upon the total number of employees, or, the number of employees at the particular work place at one time? The number of workers, location of workplace and type of work being performed are part of the assessment to determine needs. See regulation 52 and the NT WorkSafe publication 'A guide to First Aid in the Workplace’. What are the contents of each of the first-aid kits? This is subject to an assessment of the number of workers, type of work being performed and location of the workplace. (see publication 'A Guide to First Aid in the Workplace'). Frequently asked questions 35 Items not for first aid use must not be placed in a kit. All kits must contain a list of the required contents and a cardio-pulmonary resuscitation flow chart. Suppliers of first aid kits are listed in the Yellow Pages telephone directory under "First Aid Supplies or Instruction". What first aid records need to be kept? A Register of Injuries and first aid treatment must be kept at each place of work, which records: • • • • • • • the name, address, age and occupation of the injured worker; the industry in which the person was working; the operation in which the person was engaged at the time of injury; the hour and date of injury; a brief description of the type, cause and location of the injury and the treatment given; the name of the first aid person in attendance; any referral for further treatment if required. The entry must be signed and dated by the person completing it. The Register of Injuries may be combined with any other register required to be kept according to other legislation. For how long should first aid records be kept? First-aid records must be kept for seven (7) years from the date of the last entry. Who is responsible for the first aid kit in a workplace? A person must be appointed to be in charge of each first aid kit (this is usually management’s' responsibility). A person must hold a current appropriate First Aid qualification (e.g. occupational first aid certificate) to be appointed to be in charge a first-aid room. Identification and adequate signage are required, using universal symbolic signs. The notice should display: • names, telephone numbers and work location, of the person(s) in charge of the first-aid kit or room and any other persons appointed to give first aid. Frequently asked questions 36 Where should the first aid kit/s be placed within a workplace? The number and location of kits will depend on the size and layout of the workplace. First Aid kits and rooms should be located in a position where both injured persons and support services can easily access it. Symbolic signage indicating location should be positioned around the workplace. What are NT WorkSafe requirements for the training of first aid personnel? Sufficient numbers of first aid trained personnel for all work areas and all work shifts. The number and skill level will depend on an assessment carried out (see publication 'A Guide to First Aid in the Workplace'). Review training requirements regularly. A person must hold a current appropriate first aid certificate to be appointed to be in charge of the first-aid room(s). A number of organisations conduct general first-aid courses and occupational first-aid courses and specialised courses (e.g. remote areas, advanced resuscitation). I have a company car, which I use during and after office hours. Do I require a first aid kit in the vehicle? Yes, as this is part of your " place of work". It defines a place of work as premises where a person works. This includes vehicles, which are used during a work period. What is the penalty for noncompliance with the first aid regulation? If any of the requirements of this Regulation in respect of a place of work are not complied with: Possible penalties are: $250 Infringement Notice (Body Corporate) $50 Infringement Notice (Individual) Should paracetamol and other scheduled or over-the counter medications be included in any workplace kit or module? Despite their ready availability first aiders should not dispense them. Employees should be responsible for carrying and dispensing their own prescribed or over-thecounter medications. Also, these drugs have been shown to be the major source of abuse and pilfering of first aid kits. The National Campaign Against Drug Abuse (Drug Offensive) cautions that paracetamol: Frequently asked questions 37 • • • • may cause rash or fever; can contribute to kidney damage if over-used; may cause a serious medical emergency if taken in excess; may add to the risk of liver damage if taken in conjunction with a regular intake of alcohol. How do I become an approved first aid provider? Approved first aid certification is only required for the provision of first aid in an occupational/workplace setting. Providers of first aid must have their courses approved by the Department of Employment, Education and Training (DEET). Frequently asked questions 38 Fireworks > Can I hold a fireworks display in the NT? Yes, you can hold two types of fireworks displays in the Northern Territory. A private shopgoods fireworks display or a public fireworks display. To hold a Shopgoods Fireworks Display yourself, you will need to obtain an authorised Fireworks Permit from NT WorkSafe before being allowed to purchase the shopgoods fireworks from your supplier. To hold a Public Fireworks Display, you have to employ a licenced Fireworks Display Operator to set and fire the display fireworks, and you again will have to obtain an authorised Fireworks Display Permit from NT WorkSafe. See NT WorkSafe bulletin WH 07.01.03 for further information. Where can I hold a fireworks display? You should look to set up your display in a cleared area that allows at least 25 metres clearance from buildings. See NT WorkSafe bulletin WH 07.01.01 for further information. Is there any safety concerns that I should be aware of when setting and firing my own display? To fire shopgoods and ground effects fireworks you should read the instructions on all the fireworks first to ensure you have the correct equipment to fire the fireworks in a safe manner. See NT WorkSafe bulletin WH 07.01.02 for further information. When can I hold my fireworks display? Only on the dates and times stipulated on your Fireworks Permit. Do I have to have a licence to complete the display? No, not to fire shopgoods fireworks. How can I apply for a fireworks permit? You can pick up an application for a Fireworks Permit from NT WorkSafe, or your nearest Territory Business Centre. To get authorisation you need to complete the form as Frequently asked questions 39 requested and gain approval from your local Police, Council and Fire Brigade to hold the display. The form is then posted, faxed or delivered to NT WorkSafe for checking and authorising. The fireworks display area may require to be inspected by a NT WorkSafe Officer if it is deemed necessary prior to the permit being authorised. How much does it cost to obtain a permit? $10.00 How do I become a Fireworks Display Operator? To become a Fireworks Display Operator you need to obtain the sponsorship of a qualified operator. You need then to sit a written theory examination set by NT WorkSafe. On successfully passing this exam, you will be issued a provisional Shotfirer Fireworks Display Operator's Licence for 12 months. During this time you will work under the direct supervision of a qualified Fireworks Display Operator ensuring a detailed logbook of all your tasks are maintained. On completion of this period you should apply to NT WorkSafe for full endorsement of your licence ensuring your logbook and reference letters from your supervisor are attached to the application. Where can I buy fireworks? There are no retailers at present that sell fireworks for displays all year round. Should I get a permit before I buy fireworks? Yes - Suppliers are not allowed to sell you the fireworks unless you have an authorised Fireworks Permit. The only time that you do not require a Fireworks Permit to hold a shopgoods fireworks display or to purchase shopgoods fireworks is during the Gazetted Northern Territory Day celebrations. This is usually the 30th June and the 1st July. For all other periods of the year a permit is required. Frequently asked questions 40 Do I need to inform anyone else about my fireworks display? The approval of the Director of Fire Services, the Commissioner of Police and, where applicable, the council of the municipality in which it is proposed the fireworks display takes place. How can I apply for a pyrotechnics licence? The Northern Territory does not have a pyrotechnics licence. This is classified as a Shotfirers Fireworks Display licence. Can I change the date or location of the display on my permit? No - You cannot change the time; date or location of firing after the permit has been authorised and issued to you by NT WorkSafe. Any changes on an issued display require approval in writing from the Chief Inspector of Dangerous Goods. What happens if I can't hold the display on the date notified? The only alternative is to cancel the display and request the permit to be re-authorised to suit your needs. Where can I obtain further information about fireworks? Contact your local NT WorkSafe Office or ring, Toll Free Line: 1800 019 115 (only within the NT). How do I make a complaint about a fireworks display? If it is a noise complaint from a fireworks display that has been completed or is in the process of being fired, you need to complain to the Police as it is happening. If it is a noise complaint during the day, please phone NT WorkSafe and a detailed complaint notification will be taken and an investigation into the matter should begin. If it is in respect to any safety matter with the fireworks display, or a firework product please advise NT WorkSafe and a detailed complaint notification will be taken and an investigation into the matter should begin. Frequently asked questions 41 Gas cylinders (small) > What is a small gas cylinder? A small gas cylinder is generally less than 25 litres total internal capacity (often defined as its “water capacity”). Examples of small cylinders are domestic barbecue cylinders, such as 4.5 kg (11 litre capacity) and 9 kg (22 litre capacity) of LP Gas or propane. Other cylinders for trade use range from 0.34 kg of LP Gas (1 litre capacity) up to E size acetylene and oxygen cylinders (25 litre capacity). They may have detachable fittings such as torches. Other examples are butane cartridges and aerosol containers designed for use with heating equipment and/or fittings. These can contain as little as 170 g flammable gas. What is the law on transporting small gas cylinders? Several acts and regulations cover these laws. They are: • The Dangerous Goods Act, and Dangerous Goods (General) Regulations set out specifications and conditions for safe handling of cylinders by reference to Australian Standards. Section 37 of the Road and Rail Transport (Dangerous Goods) Act 1997 imposes a general duty of care on anyone transporting dangerous goods. The Work Health Act and Regulations imposes a general duty of care on employers (including the self employed) to their employees, and others at work. The Australian Dangerous Goods Code sets out conditions for the commercial transport of LP Gas cylinders. These aspects are administered by the Environment Protection Authority and apply where the aggregate capacity is more than 62.5 litres (i.e. more than a quarter of a “placard load” of 250 litres). • • • How dangerous are small cylinders of LP gas or acetylene? Explosions and fires have occurred when cylinders of LP Gas (propane) or acetylene have been carried or left in closed vehicles, such as vans or cars. LP Gas is widely used by trades as a fuel for portable heating equipment, as well as by the public for barbecues Frequently asked questions 42 and for camping. It is heavier than air, so it will accumulate in low areas rather than dissipate. It can generate an explosive mixture with air if the cylinder or attached equipment leaks. Spark sources in the vehicle’s electrical components such as remote locking systems, electric motors (starter, wipers, aerial), ignition systems, radios and sound systems, cigarette lighters, and possibly light switches can ignite a flammable gas mixture. Lighting a cigarette in the vehicle will also ignite such a mixture. Do’s and don’ts of transporting small gas cylinders This advice does not supersede existing requirements for safe transport of cylinders of gas for medical purposes (such as oxygen), cylinders installed correctly in or on a caravan or mobile home, or to the commercial delivery of cylinders. Do • Check for leaks by brushing on soapy water (or water from the windscreen wash bucket at service stations) and looking for bubbles. Smell is not always a reliable test. Ensure windows of the vehicle are wound down for cross flow ventilation, or use a suitably ventilated cabinet. Disconnect any attachments used with the cylinder before transport, and close the cylinder valve. Keep the cylinder upright when transporting it in a trade vehicle or a car. Store or keep the cylinder in a vehicle only if there is a purpose built compartment, cabinet or tool box that provides adequate ventilation to allow any leaking gas to drain to the outside of the vehicle. Also make sure there are no ignition sources around when opening the compartment to take the cylinder out. An open vehicle such as a utility provides the best ventilation and avoids the risk of gas accumulation. Unload the cylinder from inside the vehicle immediately when reaching your destination, unless the vehicle has a suitable compartment or cabinet as above. • • • • • • Don’t • Do not put a cylinder in any vehicle without first checking for gas leaks. • Do not carry a cylinder in the car with the car windows wound up. Frequently asked questions 43 • Do not lay a small LP Gas cylinder on its side (or upside down). Make sure that it is securely packed in a way that prevents it from tipping over in transit. Do not store or keep a cylinder in a van without a purpose-built ventilated compartment. Do not leave equipment and accessories attached to the cylinder when transporting. Do not carry a cylinder mounted external to the profile or body of a vehicle. Do not carry or keep a cylinder in an enclosed toolbox, especially with loose tools. • • • • Frequently asked questions 44 Licensing – national OH&S > How much does it cost to get a licence? All assessments involve a fee. Private assessors set their own fees. The actual licence fee required by NT WorkSafe is $50.00. How long does the licence last? Licences issued by NT WorkSafe are currently valid for life and are fully recognised throughout Australia. A review of occupational licensing is occurring with new license arrangements likely to be introduced during 2004.. I have lost my licence, how do I get a replacement? You need to complete form 012 ‘Application for a replacement licence’ and submit in person to your closest Territory Business Centre TBC). An adhesive signature slip must be signed at TBC. The fee is $10.00. If your licence was issued prior to 31/12/1992, you will need to complete a declaration of experience as your licence was issued under the Inspection of Machinery Act which has been repealed. If I hold a licence issued in the old days (pre 1992) do I have to convert it to a national licence? No. This licence was issued under the Inspection of Machinery Act (now repealed) and is only valid in the Territory if it is a lifetime licence. If you intend to work in another state you should convert this to a National category. Once I get this National licence, can I operate on the road? Licences do not entitle you to drive on a highway or in any other public place. The following licences (available through Motor Vehicle Registry) are required for this purpose: • • • Up to a gross vehicle mass of 4.5 tonnes requires a “C” class licence (formally an “A:” class) Between gross vehicle mass of 4.5 tonnes and 8 tonnes requires a Light Rigid Truck Licence Over gross vehicle mass of 8 tonnes requires a Medium Rigid Truck Licence Frequently asked questions 45 I have just lost my driver’s licence, can I still drive machinery at work? You will be unable to operate on a highway or in any other public place (as defined in the NT Traffic Act) How old do I have to be to hold an OH licence? 18 years of age. This is stated in the National Certification Standard NOHSC:1006 My statement of licence expired six months ago. Can I renew it? Normally no. You may request NT WorkSafe to review the situation. I’ve lost my national licence and cannot hand it in, and I want to ad a new category. What do I do? You will need to complete a statutory declaration, stating that you have lost this licence and this must be lodged with FM012 ‘Application for a replacement licence’. I have a pre national licence issued from another state, how do I convert it to a national licence? You have two options: • You can bring your original licence into an NT WorkSafe office and complete the relevant declarations of experience. We will than convert the endorsements to a national licence. Each endorsement will cost you $50.00. Alternatively you may wish to go to your original state of issue as they usually convert their own licences for a nominal fee. • Do I need any licences for any work I may be doing? Unless you are under the direct supervision of a licenced operator you need a licence to operate: • Cranes • Hoists • Forklifts • Boilers • Turbines • Reciprocating steam engines To work as a: • Scaffolder • Dogman • Rigger To qualify for a licence you must demonstrate that you are competent to perform the work is a safe manner. Frequently asked questions 46 Competency testing is done by NT WorkSafe approved licensing assessors who have been registered to do this work. NT WorkSafe can send you out a National Licence approved assessor listing. I have a licence issued pre 31/12/1992. Can I convert this to a national licence? Not all categories under the Inspection of Machinery Act convert to the national code. You will need to discuss this with NT WorkSafe. I am a trainee receiving on-thejob experience? Cranes and hoists How do I get a crane or hoists licence? There are two ways you can obtain your training. • gaining experience and training on-the-job by working under the instruction of a licenced operator or • attending an approved training course After training your competency is tested by a private assessor. NT WorkSafe can send you out a National Licence approved assessor listing. The following forms from NT WorkSafe then need to be completed and taken to your closest Territory Business Centre: • • FM016 – Declaration of experience – crane and hoist operation FM010 – Application for a licence Frequently asked questions 47 Dogging, rigging and scaffolding How do I get a dogging, rigging or scaffolding licence? These licences can be obtained in one of three ways: • by undertaking training and competency assessment through an approved training assessor to the competency standards set out in the National Standards on acceptance of equivalent qualifications eg the appropriate documents are to be made available for assessment/evaluaiton or on acceptance of prior learning or experience • • After training your competency is tested by a private assessor. NT WorkSafe can send you out a National Licence approved assessor listing. The following forms from NT WorkSafe then need to be completed and taken the your closest Territory Business Centre: • • • FM013 – Declaration of experience – scaffolding FM014 – Declaration of experience – dogging/rigging FM010 – Application for a licence Forklifts and mobile cranes How do I get a forklift or mobile cranes licence? There are two ways you can obtain your training. • gaining experience and training on-the-job by working under the instruction of a licenced operator or • attending an approved training course After training your competency is tested by a private assessor. NT WorkSafe can send you out a National Licence approved assessor listing. The following forms from NT WorkSafe then need to be completed and taken to your closest Territory Business Centre: • • FM015 – Declaration of experience – forklift and mobile crane FM010 – Application for a licence Frequently asked questions 48 Manual handling > What is the current legislation on lifting/manual handling? Regulation 59 of the Work Health (Occupational Health and Safety) Regulations requires employers to comply with the National Standard for Manual Handling published in February 1990. The National Code of Practice for Manual Handling provides practical advice in meeting the requirements of the National Standard for Manual Handling in relation to the identification, assessment and control of risks arising from manual handling in the workplace. The National Standard aims to prevent the occurrence of injury and/or reduce the severity of injuries resulting from manual handling tasks in workplaces [Section 2.1(a)]. The National Standard for Manual Handling [NOHSC: 1001 (1990)] and the National Code of Practice for Manual Handling [NOHSC: 2005 (1990)] are published by the National Occupational Health and Safety Commission (also called Worksafe). What is the present weight limits for lifting? There is no longer a prescribed maximum weight limit for lifting for either men or women. The weight of the load needs to be considered in relation to a number of other risk factors such as: • • • • the number of times the load is lifted; the posture when lifting; the distance moved, and the characteristics of the load. Light loads can still be a problem if they are combined with other risk factors. When heavier loads are handled the risk is greater. The National Code of Practice for Manual Handling indicates that the risk of injury increases when: • • lifting weights of more than 4.5 kg while seated; lifting weights above the range of 16-20 kg. (Weights over 55 kg should not be lifted without mechanical assistance or team lifting. Frequently asked questions 49 Young workers under the age of 18 years should not be required to lift, lower or carry more than 16 kg without mechanical or other assistance and/or particular training for the task); • pushing, pulling and sliding objects that are difficult to move. What are an employer's obligations under the Occupational Health and Safety (Manual Handling) Regulation? The Occupational Health and Safety (Manual Handling) Regulation 1991 requires employers to comply with the requirements of the National Standard for Manual Handling published in February 1990. Is there a Code of Practice for Manual Handling in the NT? Yes. The National Standard for Manual Handling published in February 1990 is a gazetted Code of Practice. The National Code of Practice for Manual Handling provides practical advice in meeting the requirements of the National Standard for Manual Handling in relation to the identification, assessment and control of risks arising from manual handling in the workplace. The National Code of Practice for Manual Handling applies in the NT. Can my employer force me to lift something that is too heavy for me? The Work Health (Occupational Health and Safety) Regulation 59 requires compliance with the National Standard for Manual Handling. This requires risk identification, assessment and control to be done in consultation with those employees who are required to carry out the manual handling tasks (Sections 4.2 and 5.2). This is a legal requirement. The National Code of Practice for Manual Handling provides practical advice in meeting the requirements of the National Standard for Manual Handling in relation to the identification, assessment and control of risks arising from manual handling in the workplace. The National Code of Practice states that consultation with employees should occur when assessments of manual Frequently asked questions 50 handling tasks are carried out (Section 2.1). If consultation has not taken place or has not resulted in safe manual handling procedures then practically speaking, the employee can: • • • • talk directly to management or a supervisor about the problem; bring the problem to the attention of the occupational health and safety committee (if existing); contact the industrial union (if a member); if all else fails, contact the local NT WorkSafe office. What training should be provided to employees and management regarding manual handling? Training should not be seen as a risk control strategy on its own - it supports other control strategies. However, training is essential if manual-handling risks cannot be eliminated. There are two types of training mentioned in the National Code of Practice for Manual Handling - general training and particular training. General training in manual handling is designed to: • prevent manual handling injuries through risk identification, risk assessment and primary control through job and task design; increase awareness and understanding of the complex nature of manual handling activities; and teach safe manual handling techniques. • • This training should be provided to employees involved in manual handling and also to the managers and supervisors of these employees, employee representatives, and staff responsible for work organisation, job and task design. Particular training is designed to help employees manage a specific task that has been identified as a risk and which requires a specific method to do it safely. Any such training provided to employees should also be provided to their supervisors. Frequently asked questions 51 Material safety data sheet (MSDS) > What is a Material Safety Data Sheet? Material Safety Data Sheets (MSDS) provide information about substances and their associated hazards. Material Safety Data Sheets describe: • properties and uses of a substance • health hazard information • precautions for use • safe handling requirements Material Safety Data Sheets are prepared and distributed by manufacturers and importers of substances. Suppliers of substances are responsible for distributing the MSDS prepared by the manufacturer or importer. The MSDS must be in English, relevant to Australian conditions and conform to national standards. Information in the MSDS should be in plan language so it can be easily understood and used in all workplaces. What should an MSDS look like? The Regulations set out the specific information that must appear on an MSDS however no particular style of presentation is required. The National Occupational Health and Safety Commission (NOHSC) has developed minimum standards for the format and layout of an MSDS. For each product, the MSDS should provide: • • • • • • • • • the name of the product the name, address and telephone number of the supplier the chemical ingredients health effects (short and long term) fire and explosion information requirements for safe handling and ways of controlling exposure to the substance first aid information storage and transport requirements spills and disposal information Frequently asked questions 52 • • emergency information for firefighters contact information for further details. Can an MSDS be altered to make it simpler and easier to read? No, the Regulation states that the MSDS provided by the manufacturer or the first person to supply the goods cannot be altered or modified. However, an occupier may prepare a simplified summary or provide supplementary information and attach it to the original MSDS. An occupier providing supplementary information must ensure it is consistent with the information contained in the MSDS and is clearly identified as being provided by the occupier. Can a manufacturer satisfy the duty to provide an MSDS by placing it on the internet? No, a manufacturer has an obligation to provide an MSDS directly to the occupier. An occupier, in relation to any premises (other than licensed premises that are a vehicle or boat), includes a person who: • • • is the owner of the premises; exercises control at the premises under a mortgage, lease or franchise; or is normally or occasionally in charge of or exercising control or supervision at the premises as a manager or employee or in any other capacity. Is an overseas MSDS acceptable in the NT? Yes, provided the manufacturer or first person to supply ensures that the MSDS: • meets the requirements of the Regulations or equivalent legislation (legislation of another Australian state or territory) relating to classification; assignment of subsidiary risk and packing group; the marking of dangerous goods for the purposes of transport; and includes the Australian contact details. Can one Material Safety Data Sheets be used for the same item provided by different suppliers? No. If the dangerous goods are supplied from different manufacturers or suppliers, the MSDS for each and every manufacturer or person who supplies the item must be obtained. Frequently asked questions 53 Noise > What legislation governs noise levels in the workplace and when did it take effect? Work Health (Occupational Health & Safety) Regulation 56. What are the legal limits for noise? The Noise Regulation applies to all places of work except mines and provides that a place of work is unsafe and a risk to health if any person is exposed there to noise levels: • • that exceed an 8 hour noise level equivalent of 85 dB(A); or that peak at more than 140 dB(lin). What is required under the Noise Regulation? The Noise Regulation applies to all places of work except mines and provides that a place of work is unsafe and a risk to health if any person is exposed there to noise levels: • • that exceed an 8 hour noise level equivalent of 85 dB(A); or that peak at more than 140 dB(lin). (See previous ‘What are the legal limits for noise?’ for definitions). Employers are required to determine whether noise levels in the workplace exceed the exposure limits specified in the regulation and, if noise levels do exceed these limits, implement noise management systems to reduce exposure to acceptable levels. The Code of Practice for Noise Management and Protection of Hearing at Work was gazetted to accompany the noise regulation. The Code provides practical advice on what employer’s can do to manage noise in the workplace. (See also the to the below – ‘Who can carry out an assessment to determine the level of noise in my workplace?’) Generally speaking, prevention or adequate control of noise should be achieved by implementing the following hierarchy of controls, which appear in the Code: Frequently asked questions 54 • Engineering noise control measures treatment of the source, or treatment of the noise transmission path. • Administrative noise control measures e.g. job rotation, job redesign or rosters designed so that as few employees as possible are exposed to noisy operations at any one time • • Personal hearing protectors Training & Education This list is based on the hierarchy of hazard controls with the first control option being the most desirable. However, in practice the most effective strategy may be provided by a combination of controls. Who can carry out testing to determine the level of noise in my workplace? Consultancy firms will carry out a noise assessment for a fee. Firms providing this service are listed in the Yellow Pages telephone directory under the headings "Acoustical Consultants", "Noise Control Equipment" and "Hearing Conservation Consultants &/or Services". The Code provides that they should be competent and have adequate experience and knowledge of: • the objective of assessments (ie to help you to reduce noise exposure and protect the health of your employees); the correct way of using instruments and their limitations; the analysis, interpretation and recording of results; the normal operating conditions of the workplace, and relevant Australian Standards and statutory requirements. • • • • The Code recognises that some workplaces have larger noise exposure problems than others and that the methods they need to adopt to assess the noise will also vary. Only a simple visual and aural assessment may be required if the noise is loud and there are simple changes you can make to significantly reduce the noise, such as removing the noise source or enclosing it. Where noisy equipment is used at various times for various periods, a visual and aural inspection will not be sufficient to determine levels of noise exposure. In many cases a basic noise meter can be used to do a simple Frequently asked questions 55 noise assessment. The reading should be taken where people experience the noise and not at the source of the noise. You should then estimate the total period of time people are exposed to the noise during the day. Next, follow the principle that for each 3dB(A) increase in noise level, you halve the allowable noise exposure time, e.g. an employee exposed to a continuous noise level of 88dB(A) achieves the 8-hour equivalent of 85dB(A) in 4 hours. If the assessment shows unsafe noise levels, there may be simple modifications you can introduce to reduce noise exposure, e.g. a noisy compressor may be enclosed or removed. In situations where noise problems are complex and pose a high risk to significant numbers of staff, it is advisable that you consider obtaining a professional assessment. How do I know if my hearing is at risk? As an informal guide, if the noise around you in the workplace makes it necessary to raise your voice to communicate with someone who is one metre away, your hearing may be in danger. Other indications may be ringing in the ears or reduced hearing capacity for a short period after noise exposure. My next door neighbour is making a great deal of noise using power tools. Can I do anything about this? NT WorkSafe administers the law regarding hazardous noise in the workplace. If a contractor is making noise to do house repairs, renovations or construction, if the noise is 85dBa then NT WorkSafe can assist. Below that level or work not being undertaken by a contractor it is recommended you contact the police or local council. Does NT WorkSafe have a training package relating to noise in the workplace and, if so, who can deliver any such training? Yes, however it is recommended that you contact a private provider to provide a course for your needs. Frequently asked questions 56 Occupational licencing > How do I apply for a licence? NT WorkSafe no longer issues permits. Training There are 2 ways you can obtain your training: • • gaining experience and training on-the-job, or attending an approved training course. After training your competency is tested by a NT WorkSafe accredited assessor. Trainees receiving on-the-job experience: • need to keep a log book to document the supervised training you receive; • need to operate your equipment under the direct supervision of a certificated (competent) operator. Your supervisor should be within sight and sound of your work related activities; need to apply for assessment to a private assessor when you are ready to be assessed. A list of private assessors is available from all NT WorkSafe offices. Contact the assessor directly to arrange an assessment. • To assist in your practical learning you can obtain a booklet called "Guide for forklift truck drivers" available from WorkCover NSW (02) 9370 5999 (there are a number of other guides for other license classes). All assessments of competency involve a fee. Private assessors set their own fees. Trainees undertaking an approved training course: Assessments are generally undertaken as part of the course. What happens after Assessment? If you are successful in passing the assessment, you will need to apply to NT WorkSafe for your licence ("ticket"). You will be issued with an Assessment Report. The original needs to be returned to NT WorkSafe along with an "Application for a National OHS licence" form and a fee of Frequently asked questions 57 $50 per class being applied for. The green (duplicate) copy of this notice serves as an interim certificate and allows you to work unsupervised for a period of sixty (60) days. If you are unsuccessful, you will be issued with an Assessment Summary, which indicates the areas in which you need further training. You must wait twenty one (21) days before you can apply for reassessment to a private assessor. Reassessment will be in those areas you require further training. There will be a fee charged for any reassessment. Frequently asked questions 58 Personal protective equipment (PPE) > What is personal protective equipment (PPE) and what are some of the types? PPE (Personal Protective Equipment) refers to the equipment worn by workers to reduce their exposure to hazards. PPE includes such items as: • • • • • • eye protection (goggles, glasses); hearing protection (ear plugs, ear muffs); respiratory protection (respirators, face masks, cartridge filters); foot protection (safety boots); head protection (hard hats); body protection (aprons, safety harnesses). What legislation governs the use of personal protective equipment (PPE) in the workplace? Employers have a general duty of care obligation under the Work Health (Occupational Health and Safety) Regulations 2002 (Section 71) to ensure the health, safety and welfare of their employees and also visitors to the workplace. What is the hierarchy of control? The hierarchy of control involves starting from the top of the hazard control options and working your way down with the last option being the least desirable: • • • • • • Can the hazard be designed out? Can the hazard be eliminated? Can the hazard be substituted with a less hazardous one by using a different material or process? Can the hazard be isolated from the worker or the worker from the hazard? Can safer working practices be put into place? As a last resort, can PPE be used? PPE should be used in an integrated organisational approach to occupational health and safety, ie where possible, complementing other hazard control mechanisms. Frequently asked questions 59 Why is personal protective equipment (PPE) the least effective of all the control measures? PPE is the least effective control measure because all the hazards are still present. There are also issues about PPE not always being comfortable and therefore workers may be less likely to use such equipment. The hazard identification and workplace assessment should aim towards developing and implementing more effective risk control measures, where possible. Is it acceptable to use personal protective equipment (PPE) as an interim control measure? Yes, it is acceptable to use PPE as an interim control measure whilst more effective measures are being implemented. What are the employer's obligations in relation to personal protective equipment (PPE)? As an employer, you must: • • • • • Ensure appropriate PPE is worn where required; ensure the PPE is appropriate for each particular hazard in the workplace; ensure the PPE is appropriate for each particular worker; provide training for all workers using PPE; provide additional training for supervisors so they understand their role in enforcing the wearing of designated PPE; ensure all PPE purchased conforms to the relevant Australian Standard; enforce the uniform use of PPE for the affected staff. Where possible the appropriate signage should be displayed; ensure that PPE is cleaned and maintained regularly; individually issue PPE. • • • • How do I know if the personal protective equipment (PPE) is designed to provide adequate protection against the hazards at my workplace? Suppliers of PPE can give advice on the specifications of their products. This is important because, for example, no one type of glove provides adequate protection against all chemicals. And a respirator that's designed to be effective against medium air levels of a chemical may not be effective against high levels of the same chemical (or low levels of another chemical). It may also be helpful to consult relevant Australian Standards. Frequently asked questions 60 What are the worker's obligations in relation to personal protective equipment (PPE)? As a worker, you must co-operate with the workplace requirements stipulated by your employer. If your employer's rule is that PPE should be worn, then you must wear it. In addition, you must not interfere with or misuse PPE. Where PPE is provided by the employer and is not worn by the employee, a fine of $250 for an employer and $50 for an employee may apply. How do I determine whether or not to use personal protective equipment (PPE) in the workplace? Initially an employer should determine if there is a hazard. Once a hazard is identified then the hierarchy of control measures should be considered. PPE should be used as the last possible control measure. For further information refer to the above relating to the hierarchy of control. Example: To determine if employees working on a building site need to wear hard hats or safety shoes the general “Duty of Care” principles should be applied. If there is a risk to the employee of injury from objects falling on their head or feet then it would be reasonable and in fact expected that the area be designated a hard hat and safety shoe area. Who has to pay for the personal protective equipment (PPE) required at the workplace? Work Health (Occupational Health and Safety) Regulations (Section 75 – 79) requires the employer to provide the following PPE where the employee is exposed to a hazard that may pose a risk: • • • • • Regulation 75. Head protection Regulation 76. Eye protection Regulation 77. Hearing protection Regulation 78. Respiratory protection Regulation 79. Hand protection What happens if an employee refuses to wear personal protective equipment (PPE)? The employer is expected to develop a policy and procedure that clearly explains the workplace requirements and the action that will be taken for failure to comply with the policy. Frequently asked questions 61 The policy should be developed in consultation with the employees and safety committee and where relevant, the union. If an employee continues to resist wearing or using PPE then the employer would be expected to take stronger action such as disciplinary action or moving the employee to another area. All of this should be documented in the procedure. If the policy is developed in consultation with unions and employees then this reduces the risk of industrial action should an employee be terminated or disciplined for breaching safety rules. The employer as well as the employee could be subject to fines or prosecution for the employee’s failure to wear or use PPE. $250 for the employer and $50 for the employee. Do I have to wear personal protective equipment (PPE) if it is uncomfortable? Yes, under Section 74 of the Work Health (Occupational Health and Safety) Regulations, if the workplace designates that particular equipment is to be used then you must co-operate with the safety requirements of your employer. Both your employer and yourself may be fined if you are not wearing appropriate PPE. $250 for the employer and $50 for the employee. If you have a medical condition and provide a medical certificate indicating that certain PPE worsens the medical condition, or that the use of certain PPE is inappropriate because of the condition, then your employer may have to consider placing you in an area where the PPE in is not required, or if possible, providing specially designed PPE. What is the employer's obligation if the PPE does not comfortably fit all workers who have to wear it? As the employer you must check that even if the PPE theoretically gives protection, it actually does the job. If it is so uncomfortable because it does not fit properly, it will not be effective. For example, close fitting respirators only give protection if users are clean-shaven. If they have a beard or even just 'a few days growth', you will need to consider either a hood, helmet or visor type respirator to get an effective seal against the contaminated air. Frequently asked questions 62 How do I know if Personal Protective Equipment (PPE) complies with the relevant Australian Standard? There should be a special sticker, label or stamp with the approval on it. The sticker shows the Australian Standards logo as well as quoting the relevant Australian Standards number. Where can I purchase the approved personal protective equipment (PPE)? PPE can be purchased from any of the suppliers of safety equipment listed in the Yellow Pages under "S" for Safety. Frequently asked questions 63 Public safety > Have you complied with local government requirements? Local municipal councils may require you to take out certain permits and institute certain safeguards to properly protect adjoining property, roadways, footpaths and other public space. Check with the Council to make sure you have fully met local government requirements. Is the site secure? Children and the general public need to be protected from wandering into danger on building sites. In populated areas, securely fence your site and lock it up when it is unattended. Is traffic movement properly managed? Make sure entrances to the site for trucks and mobile plant are properly constructed. Make sure the public is in no danger from traffic movement to and from the site and from trucks loading and unloading alongside the site. Where necessary, post a flagman to safely direct passing traffic and pedestrians. Never allow cranes to load and unload trucks over passing traffic or pedestrians. In high-volume areas, you may need to construct temporary protective gantries or covered ways over footpaths or laneways. You may also need to consider crane loading bays with swing-out gates. Is the public protected from dust and debris? You may need to provide full-height perimeter scaffolds alongside building walls, which are in close proximity to public space. These may also need to be fully sheeted in shade cloth and/or fitted with protective fans to make sure debris is fully contained. Where necessary, fix hoarding around the base of scaffolds to prevent children from climbing them. You may need to regularly hose areas where work is creating excessive dust. Make sure that abrasive blasting, oxy-cutting and welding is done behind proper guards to prevent any injury to the public. Is work on public space being properly managed? Where scaffolds or gantries need to be constructed over footpaths or laneways, organise for the work to be done Frequently asked questions 64 at times where pedestrian traffic is least. Barricade the area under construction and provide alternative safe access past the work area. Similarly, barricade excavation areas and earth moving plant before any digging commences. Further Information and Advice Contact your local Council on its requirements. Frequently asked questions 65 Refrigerated spaces > What are the requirements for refrigerated spaces? • Access doors that can be opened from both the inside and outside. Emergency doors may be capable of being opened from the inside only. Electrical or pneumatically opened doors must also be able to be opened manually. All refrigerated rooms exceeding 20 square metres an alarm light fixed, or flashing signal, or an alarm buzzer, or bell, operated from within must be near the door and visible or audible outside the refrigerated space ; operation to be illuminated buttons or chains situated near the door. Independent electric light inside every room which cannot be switched off outside the room and with an indicator lamp outside the room. Independent lighting indicating the way towards the emergency exit or alarm button. One of the following: an axe inside each room near the door a telephone in every room unlocked insulated exit(s) that can only be opened from the inside. A panel removable from the door or adjacent wall from the inside of the room making an opening large enough for a person to pass through easily. • • • • • Frequently asked questions 66 Safety committees > What legislation governs the establishment of safety committees in the workplace? The legislation, which governs safety committees, is the: • Work Health Act Sections 44A - 44G. When should a safety committee be formed in a workplace? Under Section 44A of the Work Health Act, an occupational (or “workplace”) health and safety committee, also known as a safety committee, must be established at a place of work if: • there are twenty (20) or more people employed at the place of work and a majority of the employee’s request the establishment of such a committee. What is the purpose of a safety committee? A safety committee is a forum where health and safety problems can be identified and resolved, and where safe systems and procedures can be developed and monitored. A committee provides a forum in which management and employees can talk to each other about health and safety in their workplace and make recommendations for improvements in these areas. A committee can help prevent injuries and fatalities from occurring in the workplace. Evidence suggests that workplaces, which have well run committees, show a decline in accident and work related illness rates. (Safety committees are also known by the longer names of "occupational health and safety committee" or "workplace health and safety committee"). How do I set up a safety committee? You need a majority of all employees at your workplace in favour of forming a committee. In practice, mutual agreement is often reached between the employer and employees without a vote being taken. What functions and powers do the members of a safety committee have? Under the provisions of the Work Health Act the functions of committees are to: • to facilitate consultation and co-operation between the employer and workers working at the workplace in 67 Frequently asked questions initiating, developing and implementing measures designed to ensure the health and safety of the workers at the workplace; • to keep itself informed about standards relating to health and safety generally recommended or prevailing in workplaces of a comparable nature, and to review and make recommendations to the employer on rules and procedures at the workplace relating to the health and safety of the workers; to recommend to the employer the establishment, maintenance and monitoring of programs, measures and procedures at the workplace relating to the health and safety of the workers; to keep, in an accessible place and form, such information as is provided under this Act and by the employer regarding the hazards to workers that arise or may arise at the workplace; to consider and make recommendations relating to changes to be made at the workplace that may reasonably be expected to affect the health and safety of the workers; to consider and make recommendations relating to training and education in, and promotion of, health and safety at the workplace; to consider, and make recommendations relating to changes to be made at the workplace following an accident or dangerous occurrence; and to perform such other functions as may be prescribed, or given to the committee, with its consent, by an employer. • • • • • • What is the maximum number of members allowable on a safety committee? The Work Health Act recommends that committees should have the number of members as agreed between the employer and employees. Employees should negotiate with management to make sure that committee members are representative of the various trades, locations and shifts at the workplace. Management representatives should include a person with the authority to implement preventative measures on behalf of the company or department Must the committee chairperson be an employee representative? No. Under section 44E(1) of the Work Health Act members of the committee shall elect one of the members to be the Chairperson. Frequently asked questions 68 Is there any compulsory committee training for new committee members? Section 44F (d) and (e) of the Work Health Act states: …the employer shall: • provide the committee with reasonable facilities and assistance for the purpose of the performance of its functions under this Act; and permit members of the committee to carry out their functions under this Act and to participate in relevant courses of training relating to health and safety of workers • Who can the employer's representatives be? The employer's representative/s on a committee should be a person/s with authority to implement preventative measures and/or act on behalf of the employer in matters associated with occupational health and safety. How frequently must the committee meet? Under section 44 E (3) of the Work Health Act states: • • the committee is required to meet at least once every three (3) months; or more frequently if approved by the employer. What records need to be kept by the Safety Committee? • • • Minutes should be taken at each committee meeting The chairperson should circulate an agenda to committee members before each meeting. Records of the committee (including minutes of its meetings) should be stored by the employer and be accessible to all committee members What action can I take as an employee if I am unhappy with the performance of my safety committee? There are a number of actions that can be taken. • • • • You can bring the matter up with your safety committee. This may solve the problem, as there may be a simple breakdown in communication. You can stand for safety committee membership when the next vacancy arises. If dissatisfied with the way the committee has addressed a particular occupational health and safety issue, you can take your concerns directly to management. If you consider the issue is a risk to health and safety, you could contact your local NT WorkSafe office for a principal WorkSafe officer to provide advice and/or investigate the situation for possible breaches of OHS legislation. 69 • Frequently asked questions What are NT WorkSafe requirements for the appointment of Safety Officers in the workplace? There is no legislative requirement for the appointment of safety officers in the Northern Territory If an employer chooses to appoint a safety officer it would be the employer’s decision as to what qualifications, experience etc would be needed by such a person in relation to the particular workplace. There is no specific course in the NT for people who wish to become a safety officer although there is a range of OHS courses available through registered training organisations and universities. NT WorkSafe does not have a list of these and people would need to contact training providers direct. What is a health and safety management system? Australian Standard AS4801-2001 states that an OHS Management System is "that part of the overall management system which includes organisational structure, planning activities, responsibilities, practices, procedures and resources for developing, implementing, achieving, reviewing and maintaining the OHS policy and so managing the risks associated with the business of the organisation. Health and safety needs to be managed just like other critical aspects of a business and the best way to do it is to adopt a systematic approach. Consider the other things you need to manage as part of your business: quality, productivity, finance, accounting, industrial relations, insurance etc. Having systems in place makes it easier to manage these things. The same applies to health and safety. Good health and safety management systems are good business. What are the benefits of having a health and safety management system? A good health and safety management system provides a more effective way of protecting employees and others from workplace injury and illness. Other benefits include: • Due diligence A health and safety system helps demonstrate that management is meeting its legal responsibilities for health and safety and is doing so effectively. Consultation A systematic approach ensures that employees and other stakeholders become involved in the process and that health and safety concerns are managed • Frequently asked questions 70 before they become problems. • Performance verification Systems can be audited and monitored to provide independent verification that health and safety performance is meeting expectations. Gaps can be quickly identified and corrected. Cost efficiencies A well-functioning health and safety management system will deliver long term cost efficiencies. Think about what your organisation can save by avoiding workplace injuries and illnesses as well as reducing any damage to property. Competitive advantage Evidence of an effective health and safety program is often required under contract tendering processes. Good systems can give you an advantage over your competitors. • • Where can I get help to implement my health and safety management system? NT WorkSafe, industry associations, employer associations, trade unions, and private consultants can all provide assistance. Asking colleagues who operate similar businesses to your own can also be beneficial. Frequently asked questions 71 Slips, trips and falls > Is there any legislation on the prevention of slips and falls? No prescriptive legislation, however duty of care is required by Section 29 of Work Health Act. How do I prevent slips and falls? • Floor materials should be slip-resistant. They should have a slip-resistance (Coefficient of Friction) that is not less than 0.4 when measured by the tests specified in the Australian Standard on the slip-resistance of pedestrian surfaces (AS/NZS 3661.2 - 1994). The tests should be performed with the Tortus floor friction tester for dry surfaces and Stanley Skid Tester for wet surfaces. • Concrete floors should be wood-float finished or rendered slip-resistant by some other suitable means (such as a broom finish or a coating containing abrasive grit). If a concrete floor contains an aggregate then it should be angular not rounded. Surfaces in offices should preferably be carpeted (timber floors tend to be marginally slip-resistant at best); uncarpeted surfaces should comply with AS 3661.2 - 1994 • How do I prevent trip accidents? • Floors surfaces should be unbroken. They should also be free of holes and obstructions likely to cause a person to trip or stumble. Mats should not be placed in aisles and doorways (and other floor areas with high levels of pedestrian activity) unless they are fixed to the floor and have an edge sealing to minimise the risk of tripping. It is advisable to have a vertical edge that is less than 10 mm high therefore mats should have a sloping border instead of a vertical edge. • Grated floors should have openings that are less than 40 mm wide and less than 5,000 square millimetres in area. Gaps between sections should not be more than 10 mm in width whatever their length. Frequently asked questions 72 Does NT WorkSafe have any recommendations on providing anti-fatigue matting? Where persons are required to stand in the same position on hard floors, then the floor (or the part where persons stand) should be covered with a semi-resilient, thermally non-conductive material. When is prolonged standing a health risk? Tasks that require standing (such as counter/sales service) for a prolonged period of time (a duration of 4 hours or more) may lead to leg and/or feet pain for some workers. Is it possible to obtain non-slip flooring that also meets hygiene standards? Yes. Flooring materials for kitchens with high slip-resistance are available that also meet the recommendations of the ‘Food Standards Code’. The "National Code for the Construction and Fitout of Food Premises" issued by the Australian Institute Of Environmental Health is not a state or federal regulation but many local government organisations require or request compliance with the code for planning approvals. The code recommends that floor are constructed of materials that are impervious, non-slip and that the floor finish be smooth and even, free from cracks, crevices or surface protrusions that will prevent easy cleaning. The terms impervious, non-slip and smooth are not defined with precision. However, several floor materials with gritroughened surfaces (typically a PVC flooring containing aluminium oxide grit and a bacteriostat) are marketed with claims that they meet Australian regulations and codes on hygiene and safety. These are now used in many hospital kitchens. Where can non-slip floors be used? Accident investigations and slip-resistance measurements show that it is advisable to install non-slip flooring containing abrasive grit (such as carborundum grit or aluminium oxide) in areas where high slip-resistance is advisable. Frequently asked questions 73 Smoke free legislation> Does my workplace have to be smoke free? Yes. From 31 May 2003 all enclosed workplace areas are required to be smoke free. The legislation describes a workplace this way: "Enclosed workplace area" means a place, or part of a place, of employment that has a ceiling or roof and (except for doorways and passageways) is completely or substantially enclosed by walls, windows, blinds, curtains or other objects, materials or things… Large structures with oversized roller doors as walls, that are left open all day, are considered unenclosed and smoking may be permitted. The rule covers the entire workplace including staff rooms and work vehicles. People can still smoke outdoors, 2 metres away from a doorway and 3 metres from an air conditioning inlet. Do I need no smoking signs at work? Not necessarily. If your workplace is not generally accessed by the public then signs are not required, because all workplaces are smoke free. Shops and areas generally used by the public must have no smoking signs. Signs can help staff to note areas where they cannot smoke, such as within 3 metres of an air conditioning inlet, or 2 metres from a doorway. However, they are not required by law. Regulation signs are available from Territory Business Centres or at Health House, Mitchell St, Darwin. You can create your own signage for areas that don't require signs under the law. I work on an oil rig. Can I still smoke? Oil and gas platforms are the only workplaces where a smokers room can be designated, because staff cannot go outside to smoke. The room has to be separately ventilated, and fully separate from other rooms. The general recreation room cannot be used as the smokers room. Frequently asked questions 74 Are liquor licensed premises nonsmoking? Liquor licensed premises must provide smoking and nonsmoking areas of equal amenity. They must demonstrate a policy which does not increase staff exposure to ETS. All staff serving food, no matter where they work, must do so in a nonsmoking environment. All thoroughfares, areas of common access, toilets and corridors must also be nonsmoking. What is equal amenity? Areas in liquor licensed premises must be designated as smoking or nonsmoking. Equal amenity means the nonsmoking areas must be equally attractive and offer the same type of service or amenity as the smoking areas. This only applies to areas not already nonsmoking, such as dining areas, lobbies, toilets and thoroughfares. No smoking areas must have signs in place. Staff rooms, office areas and all other enclosed workplace areas must be nonsmoking. Are restaurants smoke free? Yes. All restaurants, whether they are licensed or not are completely nonsmoking in the enclosed areas. They can permit outdoor smoking. The area is enclosed if it has a ceiling or roof and (except for doorways and passageways) is completely or substantially enclosed by walls, windows, blinds, curtains or other objects, materials or things… Can I eat my counter meal at the bar? All areas where food is served must be smokefree. However, in liquor licensed premises (not restaurants) a patron may choose to carry their meal to a smoking section and eat it there (depending on the venue's policy). Food service staff must not provide service in the smoking area. Can I eat chips and nuts at the bar and still smoke? Yes. Selling prepackaged snacks (such as chips and nuts) at the bar does not make the bar a 'food service area'. However, other food cannot be served at the bar if the bar permits smoking. If the bar is a no smoking bar, then any type of food can be served there. Frequently asked questions 75 Can a dining room be used for a different purpose and permit smoking? Yes. A liquor licensed premise may want to use a dining room for a different purpose, for example to watch a sporting event on TV. While the room is not used as a food service area smoking may be allowed there, always noting that the principle of equal amenity applies. Can I play poker machines and smoke? Small venues do not have to provide 'no smoking' poker machines. If the venues has more than 25 machines, then all additional machines have to be half and half, smoking/nonsmoking. Are gaming tables and machines nonsmoking at the casino? Casinos must offer nonsmoking gaming machines and tables on the basis of equal amenity. Casinos are still required to have nonsmoking thoroughfares, lobbies, food service areas and toilets. Selling tobacco Can I display different sizes of the same tobacco product? Yes. A change to the Regulation means that you can now display on pack of every type and size of product you sell. That includes one pack of each type of carton. Can tobacco products be seen through the window? Tobacco displays must not face toward a window or a doorway. If the display happens to be side on to a window, that is permitted. The sides of the packets need to be shrouded so they are not facing the window. If your display does face a window or doorway, it has to be two metres back from the window or doorway. Do the display restrictions include roll-your-own papers? No. Smoking paraphernalia like papers, filters, lighters and pipes are not included in this legislation. There are no restrictions on their display, and their display is not included in the total 4 square metres. Frequently asked questions 76 What things are classed as confectionery? through the window? The tobacco display must be two metres from "a display of products designed or marketed for consumption or use by children (including but not limited to displays of confectionery and toys)." Some things have been generally considered not to fall in this category, such as 'Beef Jerky' and cough lozenges. On the other hand, collectible toys like antique teddy bears, toys sold for charity, and chewing gum are included in this definition and must be two metres from the tobacco display. If you are not sure, ask yourself what would a reasonable person think? Would a child generally use or be interested in the product? How can I prevent selling tobacco to a minor? You are not permitted to sell or give tobacco to anyone under 18. You risk losing your licence to sell tobacco. You should ask customers to show some photographic identification such as a driver's licence, 18+ Card or a passport. These are the only acceptable forms of ID if a case is brought against a retailer, and you must have no reason to suspect that the ID is false. Licences I have more than one point of sale. Do I need more than one licence? Yes. A licence is for one premise, which can only have one point of sale (two for a bar area if one is a vending machine). In a shop, you can only sell tobacco from one point. If you have two separate shop areas, such as a supermarket and a liquor store, then you can apply for two licences. I have a smoko van. Can I still sell tobacco? Yes. A licence relates to a premise, so you will have to prove the premise from which you will sell. You will be given a 'mobile vendor' licence. All Regulations apply to a mobile vendor in the same way as any other retailer. Are 'cigarette girls' still permitted? No. Tobacco has to be sold over the counter from a premise with a licence. A display can have no moving parts, and tobacco products can only be displayed at the point of sale. So cigarette girls and boys are no longer permitted in the NT. Also, all advertising of tobacco products is banned, which includes clothing promoting a tobacco product or company. Frequently asked questions 77 Can I still have a vending machine? Only if you have an onsite liquor licence. Vending machines are not permitted in shops or lobbies. If you have a bar then there are specific rules about the placement and displays for vending machines (see the Guide). Frequently asked questions 78 Workplace complaints > How do I make a workplace complaint? Before NT WorkSafe becomes involved in the issue, you might like to try resolving it "in house", if you haven't already done so. This might include: • • • complaint to the workplace OH&S Committee direct negotiation with management negotiation with management through union representatives. If none of these courses of action are appropriate or successful the local office of NT WorkSafe should be contacted (toll free number 1800 019 115). For action to be taken it will be necessary for sufficient information to be provided to enable NT WorkSafe to: • • identify the issue as one which is within its jurisdiction find the address of the workplace and the location within that workplace which is the subject matter of the complaint identify the exact nature of the complaint identify the name and address of the organisation or individual in control of the workplace. • • Frequently asked questions 79 Risk management > What is risk management? As an employer, you need to: • • • Discover all the hazards at work. Decide how important each one is. Do something about the hazards. Keep working at it and never stop improving. In the workplace people can be exposed to hazards which cause risks to their health and safety. As employers with a duty of care responsibility, you need to manage the hazards and associated risks your employees may be exposed to. In order to do this effectively you should adopt a risk management strategy which involves: • Identifying the hazard something in the workplace that has potential for harm, e.g. moving parts in machinery, toxic chemicals, manual handling tasks. Assessing the risk finding out how significant the risk is, ie will it cause a serious injury, illness or death? Controlling the risk implementing strategies to eliminate or control the risk, e.g. putting guards on machines, using safe chemicals, providing lifting devices to minimise manual handling. Monitoring and improving reviewing the risk management strategies and finding even safer ways to do the various work tasks. • • • Who should be involved in risk management? You should consult and work with your employees or with their representatives, such as workplace OHS committees or union representatives (if you have them). This will: get the whole team involved in the process; give you many different points of view; encourage safe thinking right across the workforce; help you to comply with the relevant safety regulations. Frequently asked questions 80 What is a hazard? A hazard is anything or any action in the work environment that can lead to someone developing an illness or becoming injured. As hazards are the prime identifiable cause of workplace health and safety problems, controlling the risk arising from them offers employers/managers the greatest area of opportunity for reducing injury and illness in the workplace. What are some ways in which you can identify hazards? Hazards arise from the workplace environment, the use of plant and substances in the workplace, poor work design, inappropriate management systems and procedures, and human behaviour. A number of procedures can be implemented in your organisation to enable workplace hazards to be identified: safety audits; workplace inspections; consultation; monitoring injury and illness records; health and environment monitoring; monitoring complaints; observation. What is risk and risk assessment? If you have identified a hazard you must judge how dangerous it is. Ask yourself: How seriously could someone be affected and how likely is this to happen? This is risk assessment. The level of significance of the risk will determine the priority assigned to its elimination or control. There are many types of hazards: physical, chemical and biological for example and methods for assessing them will differ. A few general points need to be considered, however, when assessing hazards. • More than one cause There may be a number of factors, which contribute to the probability, and degree of injury or illness for a particular hazard. Exposure The significance of the risk of injury or illness may be affected by the level of a worker’s exposure to a hazard. Severity this concerns the extent of the injury or degree of harm, which might be caused by a hazard. Human differences Hazards need to be assessed in terms of the individual or groups of employees who are exposed to them. Their skills, experience, training and physical capabilities must be taken into account. For each hazard you should: Judge the severity of whether it could kill or cause permanent disability or ill • • Frequently asked questions 81 health; cause long term illness or serious injury; cause someone to need medical attention and be off work for several days; cause someone to need first aid and Judge the likelihood that someone could be badly affected ie very likely unlikely likely it could happen any time -it could happen sometime it could happen but very rarely very unlikely it could happen but probably never will. What is risk control? It is not enough to identify hazards. Action must be taken to do something to fix (ie eliminate or control) the hazard before it has the chance to cause injury and illness. This action is risk control. Once hazards have been identified and assessed, you implement a strategy to eliminate or reduce the exposure to the risk. The "hierarchy of control" will help you decide the best way to control risks. The hierarchy of control ranks control strategies from the most effective to the least effective strategy. Not all strategies will be practicable and more than one type of strategy may be needed to achieve the best protection, e.g. ventilation and gloves (personal protective equipment - PPE - see below). Hierarchy of Control: • Engineering Controls Design Try to ensure that hazards are "designed out" when new materials, equipment and work systems are being planned for the workplace. • Remove Remove the hazard or substitute less hazardous materials and equipment or substances. Adopt a safer process Enclose or isolate the hazard through the use of guards or remote handling techniques. Provide effective ventilation. Administrative Controls Establish appropriate administrative procedures such as job rotation to reduce exposure or boredom, or timing the job so that fewer workers are exposed; routine maintenance and housekeeping procedures; training on hazards and correct work procedures. Personal Protective Equipment Provide suitable and properly maintained Personal Protective equipment (PPE) and training in its use. Ensure PPE is worn by employees. • • • Frequently asked questions 82 Work premises > What is a workplace? A place, whether or not in a building or structure, where workers work. There is a diverse range of issues associated with workplaces. Employers must identify hazards, assess and control risk and review risk assessments to ensure the health and safety of workers. Who is the controller of premises? It is the person who has control of premises used by people as a place of work. It includes a person who only has limited control of the premises and a person who has (under any contract or lease) an obligation to maintain or repair the premises. This can include building owners and landlords. I rent premises which I use as a place of work and there are some OHS problems. What should I do? As an employer your first action must be to ensure the health, safety and welfare of your employees and others. Are Ladders, Walkways, Stairs and Platforms still affected by an Australian Standard? Yes. Australian Standard AS1657 is still in use. Is there any guidance material that will help to determine appropriate amenities? Building Code of Australia (section F & D) The Building Code of Australia (BCA) is the main regulatory reference for the building and construction industry and is legislated in most states. Building Codes are published by the Australian Building Codes Board, BCA +Standards includes Australian Building Regulation Bulletin Technical Support for Building Code Users, published quarterly online. Standards Australia has packaged the BCA with all of the referenced Standards - approximately 150 and created the Electronic BCA + Standards Frequently asked questions 83