Labor Council of NSW Comments on the Draft Occupational Health and Safety Regulation 2001
06 June 2001
THE LABOR COUNCIL OF NEW SOUTH WALES
COMMENTS ON THE
DRAFT OCCUPATIONAL HEALTH AND SAFETY
REGULATION 2001
FEBRUARY 2001
Prepared by Labor Council's Occupational Health & Safety & Workers' Compensation Committee, the Newcastle Trades Hall Joint Consultative Committee and Regional Labor Councils
CONTENTS
General Comments
Chapter 1 Preliminary
Chapter 2 Places of Work - Risk Management and Other matters
Chapter 3 Workplace Consultation
Chapter 4 Work Premises and Working Environment
Chapter 5 Plant
Chapter 6 Hazardous Substances
Chapter 7 Hazardous Processes
Chapter 8 Construction Work
Chapter 9 Certification of Workers
Chapter 10 Licensing of Certain Businesses
Chapter 11 Permits for Certain Work
Chapter 12 Miscellaneous
Appendix 1 Submission by the NSW Electricity Supply Industry
Appendix 2 Public Services Association of NSW - Comments on the Draft OHS Regulation 2001
Appendix 3 NSW Fire Brigade Employees' Union - Comments on the Draft OHS Regulation 2001
Appendix 4 NSW Nurses' Association - Comments on the Draft OHS Regulation 2001
ACRONYMS
NOHSC National Occupational Health and Safety Commission
OHS Occupational Health and Safety
OHS2001 Occupational Health and Safety Regulation 2001
OHSA NSW Occupational Health and Safety Act, 1983
AS Australian Standard
Labor Council Labor Council of New South Wales
WBGT Wet Bulb Globe Thermometer
FSI Factory, Shop and Industry Act
GENERAL COMMENTS
This section sets out the Labor Council's general comments on the Draft Occupational Health and Safety Regulation 2001 (OHS2001). Comments relating to specific clauses and chapters appear in following sections.
Labor Council and Unions have made a number of recommendations in relation to maintaining certain provisions within the Factory, Shops and Industry Act (FSI) and associated Regulations. This has not been addressed in the OHS2001. Labor Council requests that the following provisions within the FSI Act and Regulations be maintained.
FSI ACT & REGULATIONS
REGULATIONS
S14 Change Rooms & Lockers
S15 Rest Rooms
S16 Dining Rooms
S16A Drinking Water
S17 Lavatory Facilities
S17A Washing Facilities
ACT
11 Registration of Factories
15 Registers and Records
16 Documents to be Exhibited
17 Registers, etc to be in English
19 Cleanliness and Painting
20 Sanitary Conveniences
21 Avoidance of Infection
23 Air, Space, Temperature and Ventilation
24 Lighting
33 Lifts and Openings
34 Floors, Passageways and Stairs
36 Repealed
38 Stacking of Materials
40 Safety of Working Places and Means of Access
45 Means of Escape From and Extinguishing Fires
49 Employment of Children and Young Persons in Factories
50 Employment of Females in Factories
51 Employment of Young Persons with Machinery
54 Employment of Young Persons at Night
57 Supply of Drinking Water
58 Washing Facilities
59 Sitting Accommodation
60 First Aid
Application of Certain of Certain Provisions to Shops of the Factories, Shops and Industries Act
CHAPTER 1 - PRELIMINARY
The information below sets out Labor Council's specific comments on Chapter 1 of the OHS2001. Where no comment is made on a particular clause (or sub-clause) it can be assumed that the Labor Council supports the clause without alteration at this time. Note that experience may alter this view in the future after the gazettal and operation of the Regulation. Typically, the following comments refer to OHS2001 as 'the Regulation'.
Comments
102 Definitions
Labor Council previously requested that a definition of Labor Hire be included in the definitions. This is to emphasis to these organisations that they have clear obligations under the OHS Act and Regulation.
Expand the definition of Employer to include Labour/Body Hire.
104 Meaning of "control" of risks
This is one of the most important sections of the Regulation and should be a stand-alone provision.
Move 104 into section 200 as a stand-alone provision.
CHAPTER 2 - PLACES OF WORK - RISK MANAGEMENT AND OTHER MATTERS
The table below sets out Labor Council's specific comments on Chapter 2 of the OHS2001. Where no comment is made on a particular clause (or sub-clause) it can be assumed that the Labor Council supports this clause without alteration at this time. Note that experience may alter this view in the future after the gazettal and operation of the Regulation. Typically, the following comments refer to OHS2001 as 'the Regulation'.
Comments
Chapter 2 Places of work-risk management and other matters
It is important to ensure that the employees who are performing the work have adequate input into the risk assessment process.
Include the words Consult with the employees in provisions 200,201,202 & 203
200 Employer to identify hazards
The list of occasions for which hazardous substances must be identified does not include use.
Include the word 'use' in sub-clause (b)201
200 (2) (b) (h) (d) Continued sub-clause
The list of occasions for which hazardous substances must be identified does not include use
Include the words 'hours of work'
Replace in sub-clause (h) (iv) the words 'people falling' with the words 'slips, trips and falls'
The word "use" must be included to 200(2) (d)
201 (2) (a)
Add the words to sub-clause (a) 'and the number of people who may be affected'
201 (2) (a) continued
Add the words 'number of employees who may be affected' into this sub-clause
201 (2) (b)
Labor Council recommends the addition of three (3) new sub-clauses follows: '(viii) with the words' codes of practice and guidance notes other advisory documents' (ix) add the words' relevant standards or Australian standards' (x) Any Relevant hazard alerts issued by Workcover'
201 (2) (c) (i)
Labor Council suggests the following wording be included 'the premises and working environment including their layout'
201 (2) (d)
Labor Council recommends the addition of (2) two additional sub-clauses (iii) with the words 'available technology and (iv) with the words 'available knowledge and recommended work practices'
201 (2) (e)
Add the words 'must be documented as a hard copy in a bound register'
202 (2) page 27
Biological hazards have an impact on all industries including first aid personal health employees, emergency services etc. It is important that biological hazards be acknowledged in the Regulation.
Another important source of risk that has not been acknowledged is hours of work (fatigue). Research has shown that excessive fatigue affects performance It is estimated to be responsible for a significant number fatalities and injuries.
Labor Council recommends the following additions:
* Biological Hazards (as 200) (2) (J) as appears in drafting instruction in the notes column.
* Hours of work (fatigue).
202 (2) (c) continued
Labor Council recommends the addition of a new sub-clause '(d) or within two years of the last assessment'
203 Employer to eliminate or control risks
Labor Council previously requested that all references to reasonably practicable be deleted
Delete the words reasonably practicable in clause (2)
204 Employer to provide instruction, training and information.
The way this section is worded could be interpreted to refer only to new employees.
Include the words and 'existing employee's after the word 'new'.
204 Continued
There could be confusion in relation to the persons who have responsibility.
Clarify the person who has responsibility.
204 (1) (a)
Labor Council suggests the following additional topics
* Emergency procedures
* Access to first-aid
204 (3)
Add the words 'where the work practice or system has changed. It also needs to take into account employee competency'
205 Employer to provide supervision
The reference to 'age' may need to be reconsidered in relation to anti-discrimination laws
206 Provision by an employer to provide personal protective equipment
Labor Council previously requested for the Australian Standards be called up under this provision. The margin note in the revised 206 is not acceptable and will lead to sub standard equipment being purchased.
The Australian Standards regarding PPE
Must be called up under this provision.
Labor Council suggests the addition of a sub-clause requiring personal protective equipment to comply with the relevant Australian Standard where one exists
208 Employer to provide for emergencies
This seems to rule out single person maintenance of lifts, particularly in relation to works performed in lift pits, lift machinery spaces and from the top of lift cars. Single man maintenance is common practice in the lift industry.
There is no requirement for regular evacuations drills to be conducted.
No other AS apart from AS 2444 and AS 1851.1 have been mentioned. Clarification of minimum standards for arrangements for evacuations, emergency communications, and appropriate medical treatment of injured persons is needed.
The Australian Standards AS 2444 & AS 1851.1 must be called up under this provision and not referred to as guidance.
Other As will apply in construction and other workplaces. Some examples are:
AS2430.1 explosive gases
AS2430.2 combustible dusts
AS1596 LP gas
AS1940 flammable and combustible liquids
208 Continued
Include in this provision that 'Employees should be provided with written procedures and should receive training regarding these procedures'
Amenities
Code of Practice for Amenities should be expanded to cover other industries.
211 First Aid
It is not enough for the Regulation to include a note that records of first-aid treatment be kept
Labor Council recommends the restitution of record keeping requirements clause 9 of the OHS (First Aid) Regulation 1989. Submission by CFMEU already given to Workcover.
Add to 211(2)(d) Level 3 and above Ambulance Officer, Ambulance Service of NSW
211 (1) (a)
Labor Council suggests the inclusion of 'injuries and illness that may arise in the workplace'
211 (3)
Labor Council suggests the following re-wording '... and the type of work being undertaken in determining the nature, number and contents of first aid facilities and kits, and the number of persons trained...'
211 (6)
Labor Council suggests the replacement of the word lighted with 'lit'
CHAPTER 3 - WORKPLACE CONSULTATION
The table below sets out the Labor Council's specific comments on Chapter 3 of the Draft Occupational Health and Safety Regulation 2001.
Where no comment is made on a particular clause (or sub-clause) it can be assumed that the Labor Council supports this clause without alteration at this time. Note that experience may alter this view in the future, after the gazettal and operation of the Regulation.
Comments
302 Setting up consultation arrangements
Where an employer and union i.e. NSW Fire Brigade agree to an OHS Consultative Mechanism this should override other provisions
This provision needs to include wording such as: 'where there is an agreed arrangement between the unions and employers this will take precedent'
303 Continued
Unions should be involved in the election of OHS Committees as per the current OHS Act 1983.
Add a new sub-clause '(k) A request for a committee shall be forwarded to the employer by a Federal or State Registered Organisation representing employees'.
309 Additional functions of OHS Committees and OHS reps.
The interpretation of the current wording of this provision, may exclude an employee OHS Committee representative from accompanying an inspector.
Include an 'Employees OHS Committee Representative' in sub-clauses (a),(b) and (d)
309 (a), (b) and (d)
The Labor Council recommends that 209 (a), (b) and (d) make it clear that this refers to a limit of one employee OHS committee member or one OHS representative
310 Training to be undertaken by OHS Committees and Reps
This provision needs to be consistent with section 8 1 (d) of the new OHS Act 2000
Insert the following wording 'OHS Reps and OHS Committee representatives can make recommendations in relation to training'
Training to be conducted over a minimum of 4 days.
310 Continued
The current wording is not adequate in relation to OHS Committee members and representatives receiving timely training. A time period needs to be specified.
Insert the words 'within three months into sub-clause (2)'
There needs to be refresher/retraining provided to representatives particularly after a certain period has elapsed or the employee has changed industries
Provisions for refresher /retraining after a maximum of 6 years.
310 Continued
Council recognises that details about training have been addressed in the Draft Code Of Practice for OHS Consultation. However unions are concerned that employers may erode the current standards particularly due to pressures. A minimum time should be specified in this provision.
Labor Council suggests 'the inclusion of a minimum course length (24 hours of training ) in sub clause 310(5')
This training should be over 4 working days.
CHAPTER 4 WORK PREMISES AND WORKING ENVIRONMENTS
The table below sets out the Labor Council's specific comments on Chapter 3 of the Draft Occupational Health and Safety Regulation 2001.
Where no comment is made on a particular clause (or sub clause) it can be assumed that the Labor Council supports this clause without alteration at this time. Note that experience may alter this view in the future, after the gazettal and operation of the Regulation
Chapter 4 400 Definitions
This chapter does not address several significant risks including aggression/violence, hours of work (fatigue) outdoor work, biological hazards, working alone/isolated work, and psycho-social hazards.
Clause should be added to chapter 4 on the risk areas noted:
* Hours of work in relation to fatigue
* Outdoor work
* Biological hazards
* Working alone or isolated work
* Psycho-social and psychological hazards
409 Electricity
408 Fall Prevention
AS and Code of Practice to be referenced
412 Asbestos (Risk Assessment & Control)
The margin notes should cross-reference other provisions relating to asbestos
415 Lighting
Unions are concerned in relation to places of work i.e. car parks not having adequate lighting
Need to include a margin note in relation to car parks and surrounds
416 Heat & Cold
The needs of outdoor workers has not been addressed here.
416 and 417(b) require the employer to obtain personal details from the employee regarding their physical fitness, general health, medication taken and body weight.
All of these areas are personal and an employer does not have the ability to recognize the relevance between them all.
The Labor Council suggests the inclusion of a third sub-clause 'the provision of ample supplies of drinking water easily accessible to the employee, rest areas, and, where appropriate, protective clothing and equipment' Need trigger temperatures for risk assessment and also comment on prevention of wind/chill factors.
A separate section for Heat and Cold relevant to Construction is to be added to section 8.
424 Atmospheric monitoring
There is a need for a competent person to carry out this monitoring, this should be included in this section
424 Continued
Add a sub-clause '(e) employees need to be made aware of the findings'
425 Working at heights
This section is to be linked to section 104. All sections of AS1576 must be included here.
427 Scaffolding - particular risk control measures
Labor Council recommends that there should be minimum standards code for safe erection of scaffolding. Add to (a) (v):Documentary evidence of compliance is to be made available to interested parties.
428 Lifts
430 Building maintenance - particular risk control measures
(a) Remove the word "adequate"
448 Manual handling of loads
Labor Council suggest the following re-wording 'otherwise move, hold or restrain an animate or inanimate load (including people or animals) Labor Council also suggests:
* Training of supervisors and managers in manual handling risk management
* Training of employees in manual handling to ensure that they can carry out their work safely
CHAPTER 5 - PLANT
The table below sets out the Labor Council's specific comments on Chapter 5 of the Draft Occupational Health and Safety Regulation 2001.
Where no comment is made on a particular clause (or sub-clause) it can be assumed that the Labor Council supports this clause without alteration at this time. Note that experience may alter this view in the future, after the gazettal and operation of the Regulation.
Comments
Part 5.1 Preliminary
500 Definitions
Qualified electrical engineer and qualified engineer. These persons are to be qualified by certification in their own field.
Work box
Remove any reference to "a person belonging to a class of persons recognised by Workcover as being qualified electrical engineer for the purpose of this chapter. The same is to be removed from the definition qualified engineer.
AS 1418.17 to be referenced to a work box
502 Plant affecting public safety
Labor Council recommends part (d) to read 'AS 1735 Part 1 1999' with a note or clause clearly indicating the latest published edition of Australian Standards are applicable at the time of registration
Part 5.2 Design, manufacture and registration of plant
Labor Council's recommendation is based on its previous OHS recommendation, therefore it is recommended that all the Australian Standards in Schedules 1 to 5 of the draft NSW Plant Regulation should continue to be referenced in the 2001 Regulation. The Regulation should be called up and mandated or as a minimum standard code of practice (see schedule 1 attached)
504 Designer to identify hazards
Escalators have a number of foreseeable hazards, including skirt entrapment, which affects the general public when the appliance is in use. Injury occurs periodically as a consequence of this hazard. Does this mean that escalators should be phased out?
505 Designer to assess risk
Escalators have a number of foreseeable hazards, including skirt entrapment, which affects the general public when the appliance is in use. Injury occurs periodically as a consequence of this hazard. Does this mean that escalators should be phased out?
506 Designer to review risk assessment
Escalators have a number of foreseeable hazards, including skirt entrapment, which affects the general public when the appliance is in use. Injury occurs periodically as a consequence of this hazard. Does this mean that escalators should be phased out?
507 Designer to control risks
Escalators have a number of foreseeable hazards, including skirt entrapment, which affects the general public when the appliance is in use. Injury occurs periodically as a consequence of this hazard. Does this mean that escalators should be phased out?
508 Guarding - particular risk control measures
Lift machinery is protected with non-interlocked guards, which are removed from time to time for maintenance purposes. This would seem to imply that all of these are to be fitted with electrical safety interlocks.
Labor Council recommends that there should be more than guidance material, it should be part of the Regulation or minimum standards code
514 (3) Specifying work systems and operator competencies - particular risk control measures
This sub-clause would seem to place an ongoing responsibility on a design/manufacturer regardless of the age of the plant, how many times it has been on-sold, or whomever purchases it at any time in the future.
517 Manufacturer to identify hazards
Escalators have a number of foreseeable hazards, including skirt entrapment, which affects the general public when the appliance is in use. Injury occurs periodically as a consequence of this hazard. Does this mean that escalators should be phased out?
518 Manufacturer to assess risks
Escalators have a number of foreseeable hazards, including skirt entrapment, which affects the general public when the appliance is in use. Injury occurs periodically as a consequence of this hazard. Does this mean that escalators should be phased out?
519 Manufacturer to review risk assessment
Escalators have a number of foreseeable hazards, including skirt entrapment, which affects the general public when the appliance is in use. Injury occurs periodically as a consequence of this hazard. Does this mean that escalators should be phased out?
520 (c) Manufacturer to control risks
Suggests that existing equipment must be continually updated to the latest standard. Otherwise an exemption, which will need to be
re-issued every 12 months.
522 Manufacturer to provide information
Are competing designers of plant manufacture obliged to disclose proprietary information including patents or copyright, who also have obligations under these regulations
545 Maintenance, repair, testing and cleaning of plant - particular risk control measures
Labor Council recommends that there should be more than guidance material, it should be part of the Regulation or minimum standards code
559 Plant designed to lift or move - particular risk control measures
Labor Council recommends that there should be minimum standards codes for safe use of cranes.
Labor Council also recommends the re-evaluation of common lift arrangements such as double deck elevator cards and stacked escalators in shopping atriums
Labor Council recommends the clarification of who is in control of the equipment.
CHAPTER 6 - HAZARDOUS SUBSTANCES
The table below sets out the Labor Council's specific comments on Chapter 6 of the Draft Occupational Health and Safety Regulation 2001.
Where no comment is made on a particular clause (or sub-clause) it can be assumed that the Labor Council supports this clause without alteration at this time. Note that experience may alter this view in the future, after the gazettal and operation of the Regulation.
Comments
609 Definitions
Labor Council recommends the following re-wording 'cyclophosphamide [50-18-0] ) cytotoxic drugs) - except when used in preparations for therapeutic use in hospitals and oncology clinics...'
611 (2) Supply of Carcinogenic Substances
Labor Council suggests the word 'exempt' restored
613 (2) Supplier to provide MSDS
Labor Council recommends that this sub-clause be deleted
617 (2) Employer to obtain MSDS
Labor Council recommends that this sub-clause be deleted
620 (3) The Employer to provide health surveillance
Labor Council recommends sub-clause 620 (3) (a) be amended to read '... authorised medical practitioner'
Table Hazardous substances
Labor Council recommends the inclusion of 'blood tests' to the health surveillance required for inorganic lead along with a cross-reference to clause 727
623 (1) Employer to record risk assessments
Labor Council recommends the word 'use' be inserted after storage and before transport
CHAPTER 7 - HAZARDOUS PROCESSES
The table below sets out the Labor Council's specific comments on Chapter 7 of the Draft Occupational Health and Safety Regulation 2001.
Where no comment is made on a particular clause (or sub-clause) it can be assumed that the Labor Council supports this clause without alteration at this time. Note that experience may alter this view in the future, after the gazettal and operation of the Regulation.
Comments
702 Spray painting in spray booths - particular control measures
Labor Council recommends that AS/NZ 4114.1 be called upon this Regulation
703 (3) Continued
Labor Council recommends the removal of 'reasonably practicable' from the Regulation
CHAPTER 8 - CONSTRUCTION WORK
The table below sets out the Labor Council's specific comments on Chapter 8 of the Draft Occupational Health and Safety Regulation 2001.
Where no comment is made on a particular clause (or sub-clause) it can be assumed that the Labor Council supports this clause without alteration at this time. Note that experience may alter this view in the future, after the gazettal and operation of the Regulation.
Comments
805 (a) (b) (c) Meaning of OHS induction training
The standard has been lowered in relation to work activity (task specific) training in the code and the construction safety amendment (Amenities and training) regulation 1988. This area of training is not specific enough.
806 (a) (b) (c) General health and safety induction training
Labor Council recommends that the training and the trainer are Workcover approved
807 (a) (b) Work activity based health and safety induction training
Labor Council recommends the removal of the last paragraph 'unless the training is conducted by the employer of the person e.t.c'
809 (1) (a) (b) (c) (d) (e) (2) Statements of OHS induction training
Labor Council recommends the addition of three (3) copies of this training must be forwarded to Workcover for record keeping
810 (a) (b) Certain construction work before 1st April 1999 taken to be training
The Labor Council recommends that the employer is to obtain copies of the training records
812 (1) (a) (b) (2) (a) (b) Principal contractors and employers to keep records
Labor Council recommends (a) to read 'a copy of the training records indicating that the relevant OHS training has been undertaken. This training is to be documented
813 Definitions
The Labor Council recommends the reinstatement of prescriptive legislation
Add "safe work method statement means a documented statement"
814 Application
(1) (a) remove the amount of $250,000.
815 Appointment of principal contractor
816 (1) (a) (b) (2) (a) (b) (c) (d) (e) (3) (a) (b) (4) (5)
Labor Council recommends the addition of 'Prior to commencement employees and or their representatives are to be consulted with and have input to the risk management plan' to (1) (c) and to 2 (e) to read safe work method statements developed for work carried out by the principal contractor's employees'
Add to 816: Responsibilities of principal contractor regarding visitors to site during construction. Eg shopping centre retailers looking at their new premises before completion.
817 (1) (2) (2) (d) Responsibility of principal contractor to require sub-contractors to provide safe work method statements
(d) Requires a principal contractor to direct a sub-contractor to stop work immediately where a risk arises, but this cessation is not available - let alone made a requirement (other than a common law right) for workers who feel they have been placed at risk carrying out an employers instructions
Add (1) (a): A principal contractor must ensure that each employee of a labour hire company, before commencing work at a place of work at which construction work to which this Part applies is being carried out, provides the principal contractor with a written safe work method statement for the work to be carried out by the employee of a labour hire company (including an assessment of risks associated with that work)
818 (1) Responsibility of principal contractor to keep register of hazardous substances
This links to section 622 (2)(3).
This section should include an authorised officer and OHS rep on site that will be able to have an input.
819 (1) (a) (b) (c) (2) (3) (4) Responsibilities of sub-contractors
Labor Council recommends that sections 2 read: A sub-contractor must not allow an employee, including labor hire company employees, of the sub-contractor e.t.c
NEW SECTION
Heat and cold
Hot working environments - particular risk control measures
A principal contractor must ensure that:
(a) adequate ventilation and air movement is provided in indoor environments that may become hot, and
(b) risk control measures for work in hot outdoor environments include:
* introduce a trigger temperature as per Victorian standards.
* regulate shift work hours - consider early starting in summer
* schedule heavy work for early mornings or late afternoon
* avoid sustained periods of physically strenuous work, alternate heavy/light work
* at hottest part of the day schedule work in natural shade whenever possible
* provide education on safe work practices, preventative measures and signs and symptoms of heat stress.
* Select appropriate work clothing, light weight, UV protected, long sleeve, leg, loose.
* Wear a broad brimmed hat protector with hard hat
* Ensure an adequate supply of cool clean drinking water. 1 litre per hour at a wet bulb temperature of 27 Celsius and moderate work load is recommended.
* Observe recommended work - rest regimes
* Take extra precautions if medically compromised eg heart/respiratory conditions.
* Act quickly if symptoms of heat stress occur
* Mechanize tasks whenever possible
* Shield workers from radiant heat sources
* Provide adequate shade/protection from direct sunlight where possible.
* Provide cool rest locations
* Provide sunscreen agents
In section 416 Heat and Cold no reference is made to outdoor workers. This is an area of great risk to the health and safety of construction workers. We wish for a new section to be put in the regulation regarding this risk to construction.
Part 8.4 Control of risks arising during construction work
820 Application
There is confusion here as 813 define "high risk construction work" and 820 apply to control risks arising from other construction risks. We would like to see section 820 combined with section 813.
Labor Council recommends the addition of 'g' Other areas referred to in Chapter???
821 (1) (a) (b) (2) (a) (b) Overhead protective structures - particular risk
control measures
Labor Council recommends the inclusion of a Code of Practice that deals with falling objects/overhead protection for workers and other site personnel
822 (1) (a) (b) (c) (d) (e) (f) (2) (3) (a) (b) (5)
Labor Council recommends the replacement of this section with CSR 84AK (!-11)
823 (1) (2) (3) (4) (a) (b) Formwork particular risk control measures
Labor Council recommends that this section be replaced with CSR 86 (1B)! (a) (b) 19 (a) (b) and that the formwork complies with AS 3610
824 Prevention of structural collapse - particular control risk measures (1) (2) (a) (b)
Labor Council recommends that (1) should read: 'An employer must ensure that all precautions necessary are taken to prevent the collapse of a building or structure. And that the requirements of CSR 73 (16) (17) be included
825 (1) (2) (3) (4) Site security - particular risk control measures
Labor Council recommends that reference should be made to the Workcover Safety Alert 4025 regarding perimeter fencing 4025 13th October 1994
826 Use of compressed air - particular risk control
Part 8. 5 Excavation work - particular provisions
Labor Council recommends AS2865 be mentioned in this section
830 (1) (a) (b) (c) (d) (e) (2) (3) Protection of stability of excavation work - particular risk control measures
Labor Council recommends the implementation of the not yet approved code of practice for excavation
831 Potential risks arising from excavation work - particular 62 risk control measures
Labor Council recommends the inclusion of a documented assurance by an Engineer qualified to assess the possible collapse of adjacent buildings and the addition of CSR (97 !-7) requirements
832 Regular inspection mandatory for excavation of 1 metre or more - particular risk control measures
Labor Council recommends the reference of CSR 97 (8-10) including parts
833 Caissons and cofferdams
Labor Council recommends more prescriptive legislation in this section with reference to CSR 96 (1-7) and code of practice - tunnels under construction (1990)
834 (a) (b) (c) (d) Supervision
Labor Council recommends the replacement of 'competent person' with 'a qualified engineer'
835 Safe access and egress
Labor Council recommends more prescriptive legislation in this section
Part 8.6 Demolition work - particular provisions
Labor Council recommends the addition of the words 'authorised officers'
838 Investigations (1) (2) (3)
Labor Council recommends the inclusion of the following statement after Workcover. 'Wherever reference is made to documentation being made available to Workcover, the same right be referenced in terms of authorised officers'
839 (1) (2) Carrying out demolition work
This section does not appear to address the safety regarding the demolition of a building over 4 metres in height.
Add (3): Ref CSR 84 AB (4). In the case of demolition of a building (or part of a building) that is more than 4 metres in height, demolition work involving pulling with ropes or chains or similar means may be carried out only with the written permission of the Authority. An application for such permission must be made at least 7 days before the proposed work is carried out, and be accompanied by a risk assessment and such other documents as the Authority may require.
840 (1) (2) Working in or below building being demolished
Add (1)(a) to read CSR 84AB(4)
841 (1) (2) (a) (b) (c) Buildings adjacent to public places
Add (1)(b) to read CSR 84 AB(4)
842 (a) (b) Demolition within the confines of a building
843 (a) (b) (c) (d) Overhead protective structures
The diagram on page 183 is not a true reflection of a site. It shows a 10kpa structure protecting the public from falling materials, but shows a site shed where workers would not be protected. Also the common boundary shown is rarely so wide.
844 (1) (2) (a) (b) (3) (4) (5) (6) (7) (8) Scaffolding
Labor Council recommends the term competent person be replaced with 'qualified Engineer'
845 Demolition of chimney stacks (1) (a) (b) (2) (a) (b) (c) (3) (4)
846 (a) (b) Notification of dangerous work
Labor Council recommends the word dangerous be replaces with 'hazardous' and that the term 'agent' be clarified
Part 8.7 849 (2) (a) Asbestos - particular provisions
Labor Council recommends that be following be added to (2) (a) A requirement for employers to ensure their employees undergo formal and approved asbestos training'
(2)(d) to read "medical surveillance is provided for all employees contracted to carry out asbestos work.
851 Monitoring
CHAPTER 9 - CERTIFICATES OF WORKERS
The information below sets out the Labor Council's specific comments on Chapter 9 of the Draft Occupational Health and Safety Regulation 2001.
Where no comment is made on a particular clause (or sub-clause) it can be assumed that the Labor Council supports this clause without alteration at this time. Note that experience may alter this view in the future, after the gazettal and operation of the Regulation.
Comments
Part 9.2 - 934 - Certificates of competency for formwork and the operation and use of explosive powered tools
908 Responsible reasons /obligations
Labor Council recommends the removal of (2) (a) (i) (ii) from the Regulation
CHAPTER 10 - LICENSING OF CERTAIN BUSINESSES
The information below sets out the Labor Council's specific comments on Chapter 10 of the Draft Occupational Health and Safety Regulation 2000.
Where no comment is made on a particular clause (or sub-clause) it can be assumed that the Labor Council supports this clause without alteration at this time. Note that experience may alter this view in the future, after the gazettal and operation of the Regulation.
Comments
1003 Eligibility for license
(b) (v) should read: 'appropriate arrangements exist to ensure that the corporations employed do not do the licensed work unless they have had formal training in safe working methods in relation to the licensed work
CHAPTER 11 - PERMITS FOR CERTAIN WORK
The information below sets out the Labor Council's specific comments on Chapter 11 of the Draft Occupational Health and Safety Regulation 2000.
Where no comment is made on a particular clause (or sub-clause) it can be assumed that the Labor Council supports this clause without alteration at this time. Note that experience may alter this view in the future, after the gazettal and operation of the Regulation.
Comments
Part 11.3 Provisions related to Permits
This section appears to be missing sections from 1102 (page237) to section1106 (page 238).
1102 Applications for permits
CHAPTER 12 - MISCELLANEOUS
The information below sets out the Labor Council's specific comments on Chapter 12 of the Draft Occupational Health and Safety Regulation 2000.
Where no comment is made on a particular clause (or sub-clause) it can be assumed that the Labor Council supports this clause without alteration at this time. Note that experience may alter this view in the future, after the gazettal and operation of the Regulation.
Comments
Part 12 (1) (2) (b) Notification of Accidents & other matters
Add the words 'or, on the case of a
non-employee to carry out his or her usual activities to this clause'
1200 (2) (1)
Labor Council recommends the re-wording of this sub-clause as follows: 'any incident of workplace violence that had the potential to result in death or serious injury or illness'
Part 12.2 Prescription of additional non-disturbance occurrences.
1203 (1)(b) - "the placing of a person on a life support system". This information would not be known at the time of the accident and therefore could not be used to define a non-disturbance occurrence.
(2)(a) to be changed
Remove (1)(b) and add more information to (2)(a)
(2)(a) to read: the loss of consciousness of a person caused by cardiac arrest, respiratory arrest, impact of physical force, exposure to hazardous substances, electric shock or lack of oxygen.
1204 (2) (b) Proposed work in respect of which notice to Workcover is required
Note Labor Council recommendations for clauses 609 and 611 (2). If the word 'except' is reinstated into clause 609 next to cyclophosphamide, the problems associated with clause 1204 (2) (b) will be eliminated
1206 Exemptions for particular persons on application
Labor Council realizes that with European machinery directives, any designs will require an exemption from codes to be covered under these Regulations. The five year exemption fixture is questionable
1206 (2) Continued
Labor Council recommends that "notify Workcover that a submission is to be made and seeking the nomination to a Workcover NSW officer to be the receiving officer for submissions"
1206 (3) (d) Exemptions
Add the words 'nominate Workcover into this clause'
1206 (4)
Unions are to be notified of the request for redemption
1206 (4) Continued
Sub-clause 1206 (4) will need to be changed to reflect the above recommendations
1206 (5) (a) continued
Add the words 'are not awarded without the agreement of unions'
1207 Exemptions for classes of persons or things
Labor Council realizes that with European machinery directives, any designs will require an exemption from codes to be covered under these Regulations. The five year exemption fixture is questionable
1209 Phasing out of former exemptions
Labor Council recommends that all previous exemptions given to designs will expire 12 months after the Regulations are introduced.
Draft Occupational Health and Safety Regulation 2001
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