Getting started

Answer:

Under the current WHS Act, there is no requirement to notify the regulator of the election or resignation of a health and safety representative (HSR). However please be aware of the PCBU’s requirements regarding the upkeep of the list of HSRs and Deputy HSRs which must be readily accessible to workers in the relevant work group. See section 74 of the Act.

Answer:

Workers of the relevant work group must be consulted when a health and safety representative (HSR) for that work group is being chosen and, under the WHS Act, a formal election process must be followed. The only time an election is not required is if the number of candidates for election as an HSR for a work group equals the number of vacancies. In this instance, the candidate is to be taken to have been elected as an HSR for the work group.

See Safe Work Australia Worker Representation and Participation Guide sections 2-5.

Answer:

It’s difficult to determine without knowing the in’s & out’s of the business, at a glance I would say no, being a nominee is more of an licencing requirement rather than an officers duty regarding formation of policies or strategies with significant bearing on how the business or undertaking is conducted and its overall financial health etc.

This guideline may help https://www.worksafe.wa.gov.au/publications/health-and-safety-duty-officer-translated

Answer:

The PCBU is responsible for safety at work must do everything reasonably possible to reduce risks. This includes making sure that the right personal protective equipment (PPE) is provided and used when needed. They should first look at all possible ways to reduce the risk, following the proper order of control measures. If using PPE is the only option left, it doesn’t matter how big or small the business is — it’s still the duty holder’s responsibility to keep everyone safe.

Answer:

HSRs and deputy HSRs are entitled to attend an initial training course of up to five days. They are also entitled to up to one day’s refresher training each year, with the first refresher training commencing one year after the initial training.

A PCBU must allow each HSR and deputy HSR paid time off to attend training, equivalent to what they would otherwise be entitled to receive for working during that period. HSRs should not be disadvantaged in any way as a result of accessing the training that the WHS Act entitles them to.

HSR training is part of normal work-related activity. HSRs are entitled to receive their normal/expected earnings during course attendance. Normal/expected earnings include pay entitlements relating to shift work, regular overtime, higher duties, allowances or penalty rates that would have applied had the HSR been at work.

For further guidance on this matter please see pages 30 and 31 of the Safe Work Australia Worker representation and participation guide.

Answer:

Employers, also known as a person conducting a business or undertaking (PCBU) and operators of a site using or storing dangerous goods or hazardous chemicals must ensure that:

• they obtain an up-to-date SDS for each of these products
• their workers, contractors and emergency services personnel always have access to SDS
• the information in the SDS is used when conducting risk assessments and implementing control measures to manage hazards.

Under section 16 of the WHS Act, more than one person can concurrently have the same duty and each duty holder must comply. Section 46 states there is a duty to consult with all other persons who have a duty in relation to the same matter. Therefore in this instance consultation between the business and the sub-contractor would be expected to ensure all legislative requirements including the provision of SDSs are complied with regarding hazardous chemicals.  For further information see Managing risks of hazardous chemicals in the workplace.  

Answer:

The need for the PCBU to supply face masks depends on the risk assessment. As part of this the PCBU should engage a competent person to evaluate the level of exposure to diesel emissions during refuelling and also refer to the relevant Safety Data Sheet (SDS) for the diesel used. The SDS will provide information on required PPE based on the potential hazards associated with the diesel.

Answer:

The WHS Act 2020 does not specify a defined timeframe for updating the HSR list. However, it mandates that the PCBU must ensure that a list of all HSRs and deputy HSRs for each work group is prepared, kept up to date and displayed. The primary requirement is that the list is current and accessible to all staff.

Answer:

The negotiations follow a similar process to the election of the first health and safety representative (HSR) in that a request for an additional HSR must be made before it can be discussed and either approved or declined. Following this, the process of nominations and elections for HSRs begins.

For more detailed information, please refer to Electing HSRs.

Answer:

According to Schedule 3 of the Work Health and Safety Regulations 2022 (WHS Regulations), certain bridge and gantry crane operators are required to hold a high risk work license (HRWL) for certain categories of bridge and gantry crane. The WHS Regulations require a HRWL for use of a bridge crane or gantry crane that is controlled from a permanent cabin or control station on the crane; or remotely controlled and having more than 3 powered operations. This requirement includes the application of load estimation and slinging techniques to move a load. If the gantry crane does not fall under the Schedule 3 HRWL category, and an HRWL is not required to operate it, the training becomes competency based. In such cases, if the dogman demonstrates competence, they may be able to instruct others on the safe operation of the crane.