ANNUAL REPORT 2001/02file/worksafe02.pdf · ANNUAL REPORT 2001/02 Independent Chairperson Commissioner Chamber of Commerce and Industry nominees UnionsWA nominees OHS Experts nominated

WORKSAFE WESTERN AUSTRALIA COMMISSION ANNUAL REPORT 2001/02

ANNUAL REPORT 2001/02

W o r k S a f e W e s t e r n A u s t r a l i aCOMMISSION

Government of Western Australia


CONTENTSRESPONSIBLE MINISTER 1

ENABLING LEGISLATION 1

COMPOSITION OF THE COMMISSION 3

FUNCTIONS OF THE COMMISSION 3

THE COMMISSION’S GOAL 3

SIGNIFICANT ISSUES AND TRENDS 2001-02 4 Functioning effectively as a tripartite organisation Improvement in workplace safety and health performance Measuring occupational health and safety performance Maintaining a focus on occupational safety and health Focussing on risk activities in certain industries Examining the impact at work on health Meeting the demand for information and guidance material for workplaces Other actions and acheivements ADVISORY COMMITTEES AND WORKING PARTIES 17 Awareness and Promotion Advisory Group Education and Skills Development Advisory Group Legislation Advisory Group Safety and Health Hazards Advisory Group Construction Industry Safety Advisory Committee Performance Measurement in the Construction Industry Accreditation Panels

CHANGES IN WRITTEN LAW 21 Occupational Safety and Health Act 1984 Occupational Safety and Health Regulations 1996 Other Legislative Matters Small Business Impact Statement

TRAINING COURSES IN OCCUPATIONAL SAFETY AND HEALTH ACCREDITED BY THE COMMISSION 25

PLANNED ACHIEVEMENTS FOR 2002-03 26

ATTACHMENT 30


RESPONSIBLE MINISTER

The Occupational Safety and Health Act 1984 (the Act) requires the WorkSafe Western Australia Commission to submit a report to the Minister on its operations and the operation of the Act and any law prescribed for purposes of the Commission’s functions for the year ending 30 June 2002. The Minister for Consumer and Employment Protection, the Hon John Kobelke, MLA, is responsible for the administration of the Act.

ENABLING LEGISLATION

The WorkSafe Western Australia Commission was established in April 1985 (as the Occupational Health, Safety and Welfare Commission) under section 6 of the Act. The name of the Commission changed as a result of an Act Amendment in October 1995.

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Independent Chairperson

Commissioner

Chamber of Commerceand Industry nominees

UnionsWA nominees

OHS Experts nominated by the Minister

Public Service Officers nominated by the Minister

COMPOSITION OF THE COMMISSION

As the Act requires, in 2001-02 the WorkSafe Western Australia Commission was comprised of an independent Chair; the WorkSafe Western Australia Commissioner; two officers of the Public Service nominated by the Minister; three members nominated by the Chamber of Commerce and Industry of Western Australia (CCI); three members nominated by UnionsWA (The Trades and Labor Council of Western Australia); and three members with knowledge of or experience in occupational safety and health nominated by the Minister.

There were some resignations and new members appointed in 2001-02. The following held office in the period: * Mr David Palandri, Chair until 15 January 2002* Mr Anthony (Tony) Cooke, member until 1 December 2001, Chair from 1 May 2002* Mr Brian Bradley, WorkSafe Western Australia Commissioner* Ms Joy Barrett, Occupational Health and Safety Officer, State School Teachers’ Union of WA (Inc)* Ms Anne Bellamy, Director Health, Safety and Workers’ Compensation, Chamber of Commerce and Industry of WA * Mr Robert (Bob) Bryant, Occupational Health and Safety Officer, UnionsWA* Dr Phillip Carrivick, Occupational Health Physician, Sir Charles Gairdner Hospital until resigning office on 30 April 2002* Mr Peter Doherty, Safety and Health Manager, Master Builders’ Association until resigning office on 5 September 2001* Mr Patrick Gilroy, Chief Executive Officer, Mining and Resource Contractors Safety Training Association Inc* Mr Albert Koenig, Director of Energy Safety, Office of Energy from 4 July 2001* Ms Stephanie Mayman, Secretary, UnionsWA from 11 December 2001* Mr Michael Phillips, Senior Lecturer, Department of Epidemiology and Biostatistics, School of Public Health, Curtin University of Technology* Mr John Tootell, Manager Quality Assurance OHS, Brambles WA* Ms Linda Thompson, State Injury Services Manager, Coles Myer Ltd* Mr Simon Thompson, Risk Management Co-ordinator, Department of Mineral and Petroleum Resources from 21 September 2001

Ms Stephanie Mayman (UnionsWA) and Mr David Robinson (UnionsWA) acted as members in the absence of appointed members during the period 2001-02.

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FUNCTIONS OF THE COMMISSION

The WorkSafe Western Australia Commission is funded through the WorkSafe Division of the Department of Consumer and Employment Protection. Its functions complement the objects of the Act and include the review and development of occupational safety and health legislation and associated standards; the review of registration and licensing schemes; the promotion, formulation and accreditation of training courses; and the provision of information on occupational safety and health. The functions are set out in section 14 of the Act (Attachment).

In the period covered by this report, the Commission continued to operate under the strategic plan 2001-2003 Working Together developed and commenced in 2000-01. The strategic plan sets goals and future directions as well as providing flexibility for the Commission to respond to immediate and emerging issues. It is designed to review and redefine important issues that affect or are likely to affect workplace safety and health over this decade and beyond.

The plan acknowledges the effects of globalisation, free and fair trade, technology, shifting work patterns and other significant workplace changes and the impact of these on the quality of life from a safety and health perspective.

Implementation of the strategic plan is driven by four advisory groups comprised mainly of Commission members and oversighted by the Commission in session. Broader representation is reflected in industry and task specific advisory committees and working parties.

The plan reflects the objectives, structure and operating principles set down in the Occupational Safety and Health Act 1984.

The Act requires the Commission to inquire into and report to the Minister upon any matter referred to it by the Minister.

In 2001-02 the Minister sought advice in relation to:• Safe work procedures for the removal of asbestos and products containing asbestos.• Strategies to improve occupational safety and health in the Western Australian fishing industry.

THE COMMISSION’S GOAL

The Commission’s goal is to reduce the risk of work-related injury and disease through improved prevention performance in Western Australian workplaces. Actions directed towards this objective include the development of preventative measures for high risk activities in certain industries and the delivery of a range of publications and promotional activities.

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SIGNIFICANT ISSUES AND TRENDS 2001-02

Significant issues for the Commission in 2001-02 were:

• the ability to continue to function effectively in a tripartite framework that brings together representatives of employees, employers and government as well as community specialists and experts across a range of contributing disciplines;• the need for further improvement in workplace safety and health performance;• limited progress in the development of an appropriate mechanism for measuring occupational safety and health performance;• maintaining a focus on occupational safety and health in the light of reform in the delivery of Government services and competition for Government resources; • development of preventative measures for high-risk activities in the construction, agricultural, aged care and fishing industries; • wider recognition of the impact of work on peoples’ health such as occupational asthma, work-related stress, bullying and work-related fatigue; and• meeting the demand for information and guidance material to assist workplaces to eliminate as far as practicable the risk of injury or disease at work.

Work-related trends impacting on Commission activities and priorities in 2001-02 included:

• rapid technological developments enabling distance work, for example, teleworking, home based work, use of service activities (such as call centres) and 24 hour service delivery;• an increase in contracting, sub-contracting and out-sourcing;• an increased percentage of casual employees in the workforce; and• an increase in 24-hour operation, shiftwork and hours worked.

Functioning effectively as a tripartite organisation

The Commission, unique amongst Australian jurisdictions, continued to function effectively in a tripartite framework bringing together representatives of employees, employers and government as well as community specialists and experts across a range of contributing disciplines.

Steps were taken to increase awareness of the Commission as a consultative body and provide opportunities to participate in its policy formulation processes. The Commission supported and conducted public information forums and released discussion documents for public comment. It also responded to calls for public comment.

Whilst Government is represented in Commission membership, the majority of members are representatives of employers and employees and independent “expert members” (those appointed on the basis of their knowledge and experience in occupational safety and health).

In 2001-02 the Commission met on 12 occasions and its advisory groups and working parties met in total on 63 occasions. The outcomes of these meeting are covered in other sections of this report.

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The Commission joined with the Department of Consumer and Employment Protection, the Department of Minerals and Petroleum Resources and WorkCover Western Australia to present the conference Work Safe 2002 and Beyond on 26 and 27 March 2002. The Commission sponsored the key note address The value of health and safety targets delivered by Mr Timothy Walker, Director General, Health and Safety Executive (U.K.).

Mr Walker’s presence in Western Australia provided an opportunity for formal discussion on occupational safety and health issues and trends including the response to technical and social change in the duty of care style legislation, introduced in the United Kingdom, Western Australia and other Australian jurisdictions, which implemented the fundamental principals enunciated in the 1972 UK Government Report of the Committee on Safety and Health at Work (Roben’s Report).

Other issues discussed at this meeting included: • the impact of workplace activities on public health and the effectiveness of the integration of occupational safety and health and public and environmental health; • identifying the primary indicators for occupational safety and health performance; and• the UK approach to specific issues or industries including: - call centres, - work-related stress, - manual handling, - work-related disease, - asbestos prohibitions and exemptions, and - rail track safety.

Improvement in workplace safety and health performance

Rates of work-related injury and disease are important measures of the State’s occupational safety and health performance. They indicate sustained improvement that has come with consistent application of basic principles of occupational safety and health administration, initiated in 1985 and maintained over a long period of time.

In 2000-01 there was an overall 12% reduction in work-related injury and disease since 1999-00, continuing the long-term downward trend. The total rate of improvement since the Act and its duty of care provisions came into effect in 1988-89 is 56%, and the rate of improvement from July 1996 to June 2001 was 36%.

Although the number of workplace fatalities, injuries and diseases have continued a downward trend in relation to the growth in workforce numbers, the rates are still of concern. In comparison to other jurisdictions, Western Australia had the fourth highest frequency rate of injury resulting in one week or more off work in 2000-01, and Western Australia’s frequency rate of 8.9 was just below the Australian average of 9.0.

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There were 17 work-related fatalities in 2001-02, reflecting an overall downward trend in traumatic work-related fatality rates since 1998-99. The reduction in traumatic work-related fatality incidence rates from July 1996 to June 2002 was 25%.

Much of the improvement is attributed to the introduction of general duty of care style occupational safety and health legislation that underpins the Act. Major occupational safety and health programs focus on information, education, regulation and strategies to enhance occupational safety and health performance. Reductions in the rate of work-related injury and disease should continue if education and strategies to improve performance are assigned a high priority and adequate funding is maintained.

Measuring occupational health and safety performance

The only data currently available to measure workplace safety is based on actual claims submitted for workers’ compensation purposes. Results based on workers’ compensation data are affected by coverage of workers’ compensation in respect of the types of workers covered, patterns and incidence of reporting, and the types of injury or disease that are compensable. The true status of occupational safety and health performance is unknown because of the lack of reliable statistics on the incidence of injury and disease of the self employed.

A more comprehensive mechanism for measuring occupational safety and health performance is required, and although there has been ongoing work in this area at state and national levels, there has been limited progress in developing a suitable model to encompass injuries and diseases to all workers. However, there has been some progress towards improved data sharing arrangements between WorkSafe Western Australia and WorkCover Western Australia, which should result in more effective usage of the claims data.

The fatalities data referred to above includes all categories of workers and self-employed persons, irrespective of whether they are covered by the State workers’ compensation system. As a result, the number of fatalities recorded by WorkSafe Western Australia and the fatalities for which workers’ compensation claims have been made are not the same for any given time period.

The reporting, recording and outcomes of investigations of work-related fatalities by WorkSafe and the Coroner is a standing agenda item for Commission meetings.

The Commission supports the development of strategies and actions to improve the current approach to the reporting and recording of traumatic work-related fatalities and expects this to be progressed in 2002-03.

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Maintaining a focus on occupational safety and health

The Commission supports the Government’s stated intention to “lift awareness of and commitment to workplace safety”, that this intention be enacted and sustained and that there be no diminution in the attention paid to occupational safety and health in an environment where there are many competing priorities.

The Commission needs to continue to be adequately resourced in order to fulfil its functions under the Act. In particular, the Commission wishes to ensure that its service delivery can be undertaken in a manner that involves co-operation with all parties that have an interest in occupational safety and health. The Commission’s functions mandate that it “co-operate with Government departments, public authorities, trade unions, employer organisations and other interested persons in relation to occupational safety and health”.

The Commission has a second and greater area of concern that centres upon outcomes for workers in terms of improved occupational safety and health and effective application of the consultative processes in the Act in the public and private sectors. The primary interest here is not about the survival of the Commission and the expansion or maintenance of its domain. It is about the extent to which emphasis can be given to the importance of preventing work-related injuries and diseases, preventing workplace fatalities and taking steps to ensure that Western Australian workers are protected from hazards at work.

Focussing on risk activities in certain industries

Priorities in 2001-02 were associated with the delivery of a range of publications and promotional activities and the development of preventive measures for high-risk work activities in certain industries. In particular, the Commission focused on construction, agriculture, aged care and fishing industries, where there are high rates of injury and some resistance to change, or a change in the pattern of injuries or workplace fatalities.

Construction Industry

Particular emphasis was given to improving occupational safety and health performance in Western Australia’s construction industry where the number of fatalities is unacceptable to the Commission and its industry partners.

There were 28 work-related fatalities on construction sites in Western Australia in the period 1990-01 to 2000-01. Even though there had been some evidence of improvement in 1999-00, lost time injury/disease (LTI/D) data collected through the workers’ compensation claim system indicated that on average 54 employees were injured on construction sites each week and that they did not return to work for an average of 40 days.

The tripartite Construction Industry Safety Advisory Committee, established in June 2000, continued to examine how occupational safety and health in the construction industry might be improved and completed its report in December 2001. Its key recommendations focus on the provision of information and training. 7


The Committee conducted a series of industry seminars in September 2001 to canvass industry views on possible ways to improve safety in the construction industry with two seminars in the metropolitan area and one in Bunbury. Proposals to conduct seminars in Kalgoorlie and Karratha were abandoned when air travel was unavailable at that time (24 and 27 September 2001).

An information paper Construction Safety: The Next Step was prepared to encourage participation and facilitate discussion on matters relating to:• safety training, especially for high risk groups such as tradespeople, labourers and workers over 25 years of age;• safety training for managers and supervisors;• introducing an industry “passport” of experience and training for all employees and self-employed people who want to work in the construction industry;• changing the laws to make some of these requirements mandatory;• the best way to disseminate safety information in the construction industry.

The seminars indicated:• a high level of support for - generic induction training to be compulsory and mandated in legislation; - occupational safety and health training for managers and supervisors; and - occupational safety and health training including refresher training, and information packages for sub-contractors;• a consistent request in all seminars for improved and relevant lost time injury data by industry sector;• a moderate level of support for: - occupational safety and health to be addressed in tendering processes and contracts; - comprehensive coverage of occupational safety and health in builders’ registration courses and registration criteria; - workplans on site; - improving the delivery and assessment of skills training and competency of those working in the industry; and - promotion to effect cultural change.

The Construction Industry Safety Advisory Committee Report recommended the Commission: • introduce a mandatory requirement for accredited generic safety induction training for all employers, employees, contractors and sub-contractors, and self-employed people working in the construction industry; • promote additional training in safety management systems for managers and supervisors in the construction industry; • promote ongoing training for all workers to develop skills that are related to the type of work undertaken and to refresh their knowledge of current safety practices; • develop an information package for contractors and sub-contractors generally but especially for small operators and the self employed; • develop an information package for architects, designers and engineers to increase their awareness and understanding of the need to design and plan for buildings that can be constructed and maintained safely;

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• develop occupational safety and health information for people engaged in the construction industry; • initiate discussions with WorkCover Western Australia regarding joint research projects that make better use of the database of workers’ compensation claimants; • initiate discussions with the Australian Bureau of Statistics, regarding the limitations of current ANZSIC categories as they apply to the construction industry; • not use industry-wide duration rates and severity rates for assessing the extent to which prevention strategies have been effective in the construction industry;• strongly support the need to obtain information on the occupational safety and health profile of employers and self-employed people in all industries; and• endorse the notion that the Construction Industry Safety Advisory Committee continues throughout 2002 as an industry consultative forum specializing in matters of occupational safety and health.

The Commission moved to implement the recommendations at least in part by December 2002 referring them to existing advisory groups or committees where appropriate.

A Commission working party supported jointly by WorkSafe and WorkCover WA was established to facilitate the development of joint research projects and assist in the resolution of statistical problems that impact upon the data and the way it is used in both areas.

Other construction industry safety matters reviewed with outcomes to be actioned in 2002-03, included:• safe work procedures for removal of asbestos and products containing asbestos,• improving cranes safety standards, and• safe work practices in tilt up and pre cast concrete panel construction.

Aged Care

The aged care accommodation industry was among the top 8% of workers’ compensation premium rates for 2001-02. The relationship between consistently high workers’ compensation premiums and high injury incidence rates assists the Commission in determining priorities for action. The Western Australian aged care sector was identified as a priority for the Commission in 2000-01 based on consistently high workers’ compensation premium rates and high injury incidence rates.

Aged care is also an area of national interest due to the ageing of the general population, and an anticipated increase in the demand for aged care services, impacting on an industry already faced with shortages of qualified staff and existing staff issues related to an ageing, poorly skilled workforce.

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Discussions were held with the Federal Government’s Department of Health and Ageing, the Aged Care Standards and Accreditation Agency, a benchmarking group comprising occupational safety and health practitioners from both private sector and church-based aged care facilities. Meetings were held with representatives of WorkCover Corporation South Australia and the South Australian Safer Industries Aged Care Working Party and industry representatives. As a result, major occupational safety and health issues in aged care were identified as:• impact of current Federal Government programs on the viability of aged care accommodation;• availability of trained nursing staff;• accreditation; and• auditing processes.

The Commission resolved to establish a tripartite working party to develop policies and strategies for improving occupational safety and health in the aged care accommodation industry.

Agriculture

The Western Australian agricultural sector (as part of the broader agricultural, forestry and fishing ANZIC industry group) was identified as a priority area for action because of its unacceptable injury and fatality rates.

Discussions were held with key groups committed to improving occupational safety and health in agriculture including the Farm Industry Safety Working Group, FarmSafe WA and the Farm Injury Prevention Alliance. These discussions led to the belief that little progress was being made in improving occupational safety and health in this industry. The fragmented nature of the industry and the lack of reliable statistics on the incidence of injury and disease of the self employed were factors identified as impacting on improvement of occupational safety and health.

The Commission established an advisory committee to work collaboratively with the industry to identify and prioritise appropriate short and long term safety and health goals and appropriate measures for meeting these goals in the agricultural industry.

Fishing

The commercial fishing industry employs around 3,500 people, less than half of one percent of the State’s labour force yet has accounted for around 11.5% of fatalities since July 1997. There has been 10 commercial fishing related fatalities in the last five years. The main safety issues appear related to the setting and recovery of pots in the rock lobster industry, underwater diving and electricity. It is standing practice of the Commission to consider and take action in respect of findings of the Coroner in relation to work-related deaths. Coroner’s recommendations in relation to the fishing industry, included pre season inspection of fishing vessels with an emphasis on electrical systems and portable power tools and a code of practice on safety issues.

With the primary objective of reducing work-related fatalities in the industry and in the light of Coroners’ findings, the Commission commenced a review of applicable occupational safety and health legislation and industry strategies designed to meet these obligations. In this context,

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the Commission sought proposals from the industry as well as comment on the suitability of Australian and New Zealand Standard AS/NZS 2299.1 Occupational Diving for adoption as a code of practice under the Act. The outcome of this approach will be progressed in 2002-03.

The issues of identification and implementation of improvements to electrical installations and safety awareness on commercial fishing vessels are being progressed under the auspices of the Office of Energy and reported to the Commission.

Examining the impact of work on health

The Commission, challenged by the complexity of the impact of work on health and behaviour, acknowledges the relevance of factors external to the workplace in dealing with these issues. WorkCover Western Australia data and measures used internationally are guiding the Commission in setting priorities for action in relation to some occupational cancers and diseases such as dermatitis, lung cancer, occupational asthma and cardiovascular disease.

Occupational asthma, fatigue, workplace bullying and work-related stress were identified as priorities for attention.

Occupational asthma

Since January 1989, British respiratory physicians and occupational physicians have reported new cases of lung disease to the Surveillance of Work Related and Occupational Respiratory Disease (SWORD) project group. Reports to the British Thoracic Society and the Society of Occupational Medicine by the SWORD project group indicate the frequency of occupational respiratory disease in the UK may have been three times greater than previously reported.

The Commission commenced an examination of the potential to establish a program in relation to occupational asthma, to:(i) assess the adequacy of current data and available information and measures to improve the information base;(ii) identify target industries and hazards; and(iii) recommend practicable workplace measures that might effectively prevent occupational asthma or reduce the risk of occupational asthma.

The need for guidance for managing non occupational asthma at the workplace was also noted.

Work-Related Stress

The impact of work-related stress on health and the need for guidance on prevention was recognised by the Commission in May 1999. Stress was also listed for attention by the National Occupational Health and Safety Commission.

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Pending national developments, the Commission responding to the significant body of research identifying key causes of stress, developed guidance material on managing workplace violence, reducing the risk of fatigue at workplaces and dealing with bullying at workplaces.

In 2001-02 the Commission moved to address the broader issues of work-related stress and proposes to progress the development of guidance material in 2002-03.

Meeting the demand for information and guidance material for workplaces

The Commission’s functions include collecting, publishing and disseminating information on occupational safety and health. Information published by the Commission is usually in the form of codes of practice or guidance notes.

The Act (s.57) provides for the Minister to approve, upon the recommendation of the Commission, codes of practice prepared for the purpose of meeting the requirements of the Act or Regulations.

Codes of practice should be followed, unless there is another solution which achieves the same or better result and can be used to support prosecution for non-compliance with the Act or Regulations.

Guidance notes are issued under section 14 of the Act as explanatory documents which provide detailed information on the requirements of the legislation, regulations and standards relating to occupational safety and health.

Product development in 2001-02 followed an assessment of the need for information. This process involved seeking comment through media advertisements, direct contact with affiliates of parties to the Commission and relevant target groups and the internet. Comment was specifically sought on meeting the requirements of the Act and Occupational Safety and Health Regulations 1996 as they relate to controlling exposure to noise at workplaces, preventing falls when working at heights, ensuring safe work practices for concrete and masonry cutting and drilling, and reducing work-related fatalities in the fishing industry.

In respect of existing codes of practice, the Commission sought comment on whether the National Code of Practice for Noise Management and Hearing Protection at Work (National Noise Code), an approved code applicable in Western Australia, and the Prevention of Falls at Workplaces 2001 provided relevant information for the purpose outlined above. Suggestions for improvement were invited.

As a result, a new code of practice Management of Noise at Workplaces, 2001 was developed to replace the National Noise Code. Notice of the approval of the new code was published in the Western Australian Government Gazette on 12 April 2002.

The code of practice Prevention of Falls at Workplaces 2001 is being revised for publication in 2002-03.

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A draft code of practice on concrete and masonry cutting and drilling, the outcome of collaboration between the Commission, the Victorian WorkCover Authority, the Workplace Health and Safety Division of the Queensland Department of Employment and local industry groups, was released for public comment in May 2002. Following consideration of the comments received and the advice of technical experts in this area, the code is being prepared for publication in 2002-03.

The period for public comment on three existing codes of practice on First Aid; Workplace Amenities; Personal Protective Clothing and Equipment was extended from 30 June 2001 into the current period to provide for late submissions.

Revised versions of these codes are being prepared for release in 2002-03.

The Commission encourages the development of codes of practice by industry and considers recommending they be approved provided the proponents can demonstrate: (i) the need for the new code; (ii) the accuracy of legal and technical information in the code; and (iii) the extent to which the industry accepts the safe work practices outlined in the code.

A code of practice on the Safe Use and Application of High Pressure Water Jetting Equipment was developed by a representative industry group and submitted to the Commission for consideration as a code of practice under the Act. The Commission recommended to the Minister the code be approved. Notice of the approval was published in the Western Australian Government Gazette on 12 October 2001.

The potential for joint development and co-badging with other jurisdictions and industry groups is investigated in the assessment of the need for information or guidance material.

Other publications released in 2001-02 include the following:

Guidance Notes: Gas Welding Safety Flashback Arresters Making the Workplace Safe Plant Design – A guide for designers, manufacturers, importers, suppliers and installers of plant Plant Design – A guide for employers, self-employed persons and employees Prevention of Carbon Monoxide Poisoning from Petrol and Gas Powered Equipment Reducing the Risk of Fatigue at Workplaces Safe Movement of Vehicles at Workplaces Safe Use of Chemicals in the Woodworking Industry Safe Use of Woodworking Machinery (Guarding) Safety and Health Depends on You Soldering in the workplace: Rosin Fluxes

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A range of dissemination strategies for Commission products is considered and the most appropriate for the target groups workplaces adopted. All Commission products can be accessed and downloaded from the internet (www.safetyline.wa.gov.au).

The Commission continued, with the assistance of the Library and Information Service, to make its publications freely available in public libraries to increase awareness of and access to occupational safety and health information.

New publications under development in 2001-02 for release in 2002-03 include:

Codes of Practice: Managing occupational health in call centres Concrete and masonry cutting and drilling Tilt-up and precast concrete construction for buildings Guidance Notes: Bullying: A guide for employees Bullying: A guide for employers Infectious diseases in the child care industry Isolation of plant: Procedures for “shutdown” and “tagging” Safe operation of forklifts and other industrial lift trucks

Other Actions and Achievements in 2001-02

The Commission’s actions and achievements are the outcomes of matters either raised within or referred to the Commission from an external source. Detailed investigation of issues was undertaken and recommendations formulated by the most appropriate of the Commission’s advisory groups, committees or working parties. In this report, the actions and achievements of the various groups and committees are collectively reported below.

In 2001-02 the Commission:

• provided legislative and policy advice on occupational safety and health matters to the Minister;• continued to work collaboratively with the Workers’ Compensation and Rehabilitation Commission and the Mines Occupational Safety and Health Advisory Board to achieve mutual objectives;• reviewed reports and outcomes of local, national and international research and enquiries relevant to occupational safety and health including: - the Review of Outcomes and Implementation of the Recommendations of the Report on the Inquiry into Fatalities in the Western Australian Mining Industry and the Mines Occupational Safety and Health Advisory Board response to the Report; - Fifty Families, Australian Council of Trade Unions Report; - Comparative Performance Monitoring Australian & New Zealand Occupational Health and Safety and Workers’ Compensation Schemes, Workplace Relations Ministers’ Council; - Occupational Health and Safety Priorities 2002-2003, Australian Council of Trade Unions;

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- Journal of Occupational and Environmental Medicine 2001, Monitoring trends in occupational illness and Monitoring occupational diseases: Response; - DPP (Victoria) V Esso Australia Pty Ltd (Longford) sentence, rulings and judges charge to the jury; - Implications from Longford judgement, Engineers Australia, August 2001; - Work Related Stress Claims in WA 1996-97 – 2000-02, Research Note 1/ 2002, Workers’ Compensation Rehabilitation Commission - Noise Induced Hearing Loss Report, Workers’ Compensation Rehabilitation Commission; - Joint Communiqués from Commonwealth, State and Territory Workplace Relations Ministers; - Guide to Evaluating the Effectiveness of Strategies for Preventing Work Injuries, NIOSH April 2001; and - Occupational injury and disease data for the year ending 2000-01, Workers’ Compensation and Rehabilitation Commission;• commented on the findings and recommendations in the Report to the Minister for Labour Relations on the Review of Workers’ Compensation Insurance Arrangements in Western Australia; • made submissions in relation to the: - Electricity (Supply and Systems Safety) Regulations 2001; - Review of the Building and Construction Training Fund and Levy Collection Act 1990; and - Discussion paper: Smoking in Enclosed Public Places;• consulted or met with industry groups and individuals, government agencies, public authorities, trade unions, employer organisations, training organizations and other interested parties, and sought public comment on a number of issues including: - the risks for call centre employees from extended exposure to screen based work, keyboard operation and acoustic shock, and the need for fatigue management; - the need to establish advisory committees for both the agricultural and aged care industries to assist in determining policies and strategies for improving occupational safety and health in these areas; - the development of procedures for the inspection, operation and maintenance of cranes, hoists and building maintenance units; - the revision of publications containing out-dated information; - the risks in aerial spraying near overhead power lines (with the Office of Energy); - the research on occupational stress being undertaken on behalf of the Workers’ Compensation Rehabilitation Commission (with the Workers’ Compensation and Rehabilitation Commission); - the potential for collaboration on occupational safety and health content of training under the vocational and education sector (in meetings with the Department of Training and Industry Training Council) - issues related to or arising from the delivery of Commission accredited training courses for safety and health representatives (with the providers of Commission accredited courses);

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- information sharing and, where appropriate, input into the review of construction training packages (with the Building and Construction Industry Training Council); - the need for guidance material safety and health issues relating to contaminated sites (with the Department of Environmental Protection);• revised the Commission’s Guidelines and Criteria for Accreditation of Training Courses for Safety and Health Representatives to incorporate accreditation of post- introductory training courses;• developed and trialed a simple questionnaire to evaluate the effectiveness of distribution plans and information content of Commission products;• reviewed the regulatory requirement to fit roll over protection structures to tractors used in the fruit growing industry;• commenced review of the regulatory requirements and standards in respect of head protection equipment in relation to their application and relevance to a range of workplaces and work activities, such as in construction work, all terrain vehicles (ATVs) on farms, horse and harness racing; • guided the development of an assessment instrument for the issue of a separate certificate of competency for operators of self-erecting mobile tower cranes;• reviewed and recommended amendments to the current regulations relating to asbestos taking into consideration implementation of a prohibition of the use of chrysotile and other forms of asbestos; • progressed the development of proposals to regulate the management of commercial driver fatigue;• monitored the implementation of the demolition licensing regime before recommending it be amended to make specific provisions relating to roof removal; • proposals to amend the Occupational Safety and Health Regulations 1996; • oversighted the drafting of annotations to the Occupational Safety and Health Regulations 1996;• reviewed and commended the Wine Industry Association on the development of a code of practice to improve occupational safety and health in the wine industry;• monitored national developments relating to occupational safety and health issues raised within the National Occupational Health and Safety Commission (NOHSC) and resolved to: - support the development of a National Occupational Health and Safety Related Research Strategy; - support the prohibition of importation and use of chrysotile (white) asbestos and all other forms of asbestos; - provide input into the development of an action plan under the National Occupational Health and Safety Strategy for Skills Development; - provide input into the NOHSC Skills Development Committee on a range of issues, including the development of occupational health and safety auditor competencies and the preliminary consideration of occupational safety and health content in training packages under the vocational education and training sector; and - continue to monitor progress in the review of the national exposure standard for crystalline silica.

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ADVISORY COMMITTEES AND WORKING PARTIES

Under section 15 of the Act, the Commission may appoint advisory committees made up of employer and employee representatives and persons with specialist knowledge or experience in occupational safety and health to assist in the performance of its functions and duties.

Advisory committees and working groups consider matters referred to them by the Commission and make recommendations on aspects of occupational safety and health relevant to the area of expertise represented on the committee.

The composition of the Commission’s advisory committees and working parties reflects the tripartite composition of the Commission.

The Commission monitors the performance of its advisory committees and working parties on an ongoing basis and from time to time reviews the need for their continuance.

The committee structure in 2001-02 included • four strategic advisory groups, Awareness and Promotion, Education and Skills Development, Legislation, Safety and Health Hazards, established in 2000-01 to implement the strategic plan 2001-2003 Working Together; and• advisory committees and working parties providing advice in relation to the construction industry and accreditation of training courses for safety and health representatives.

The Commission proposes to expand its advisory groups in 2002-03 to include agriculture and aged care.

Awareness and Promotion Advisory Group

The key objectives of the Awareness and Promotion Advisory Group are to:• promote safety and health as integral to the conduct of all Western Australian workplaces;• increase community awareness and expectations of occupational safety and health standards; and• promote annual reporting of safety and health performance for larger enterprises, and explore opportunities for promoting concepts of ‘ethical’ investment.

In 2001-02, the membership of the Awareness and Promotion Advisory Committee comprised Mr Patrick Gilroy (Chair), Ms Anne Bellamy, Mr Anthony (Tony) Cooke, Mr John Tootell and Ms Nina Lyhne. During the period of this Report Ms Stephanie Mayman replaced Mr Cooke and Ms Gail McGowan replaced Ms Lyhne. The Advisory Group met on 12 occasions.

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Education and Skills Development Advisory Group

The key objectives of the Education and Skills Development Advisory Group are to:• improve the interface between the vocational, education and training and occupational safety and health sectors to ensure improved methods of occupational safety and health skills development;• promote the value of education and training in occupational safety and health through information development and exchange and formation of key partnerships;• pursue opportunities for partnership arrangements to achieve the Commission’s Strategic Objectives; • promote the integration of safety and health into vocational education and training (including schools);• identify target groups, for example: industries, occupations and hazards;• research, evaluate and advise on improved methods of occupational safety and health skills development; and• continue involvement in NOHSC activities in the vocational education and training sector.In 2001-02 the membership of the Education and Skills Development Advisory Group comprised Mr Anthony (Tony) Cooke (Chair), Ms Anne Bellamy, Mr Brian Bradley, Mr Michael Phillips and Ms Nina Lyhne. During the period of this report, Ms Stephanie Mayman replaced Mr Cooke and became Chair, Ms Gail McGowan replaced Ms Lyhne and Mr Patrick Gilroy replaced Mr Phillips. The Advisory Group met on 9 occasions.

Legislation Advisory Group

The key objectives of the Legislation Advisory Group are to:• continually enhance the legislative framework through promoting legislative change to ensure the law remains relevant and traditional, new hazards are taken into account and the broadest possible coverage is achieved having regard for people at work;• provide advice on broader legislative review processes that impact on the occupational safety and health regulatory framework;• review occupational safety and health compliance strategies, including incentives and penalties; and• consider the potential of, and possible mechanisms for, setting performance criteria for self-regulation.

In 2001-02 the membership of the Legislation Advisory Group comprised Mr Brian Bradley (Chair), Ms Anne Bellamy, Mr Robert (Bob) Bryant, Mr Peter Doherty, Mr Simon Thompson and Ms Nina Lyhne. During the period of this report Ms Gail McGowan replaced Ms Lyhne. The Advisory Group met on 20 occasions.

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Safety and Health Hazards Advisory Group

The key objectives of the Safety and Health Hazards Advisory Group are to, • investigate, monitor and set priorities for occupational safety and health hazards;• identify emerging occupational safety and health hazards through local, national and international research; and• develop appropriate guidance material for the management of specific occupational safety and health hazards.

In 2001-02 the membership of the Safety and Health Hazards Advisory Group comprised Mr Michael Phillips (Chair), Ms Joy Barrett, Dr Philip Carrivick, Mr Albert Koenig, Mr Peter Doherty, Ms Linda Thompson and Ms Nina Lyhne. During the period of this report Ms Gail McGowan replaced Ms Lyhne. The Advisory Group met on 10 occasions.

Construction Industry Safety Advisory Committee

The Construction Industry Safety Advisory Committee met 6 times in 2001-02. Its membership comprised Mr Brian Bradley (Chair), Mr George Allingame, Ms Anne Bellamy, Mr Robert (Bob) Bryant, Mr John Dastlik, Mr Frank Keough, Mr Kevin Reynolds, Mr Gary McIntyre and Mr Colin Saunders.

The following acted in the absence of or replaced members during the period of this report, Mr Noel Byrne, Mr John Innes, Mr Daniel Smee, Mr Darren Smith and Mr Kim Young.

The Construction Industry Safety Advisory Committee was established in 2000 to:• identify the major safety and health issues in the construction industry and develop an occupational safety and health profile of the construction industry;• identify determinants of good safety and health performance in the construction industry; • identify appropriate short and long term safety and health goals for the construction industry; and• develop a strategy to meet the short and long term goals set for the construction industry.

The committee was requested to report to the Commission within 18 months of its establishment. The committee’s report and recommendations are covered elsewhere in this report.

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Performance Measurement in the Construction Industry

A Performance Measurement in the Construction Industry Working Party was established in April 2002 to:(i) enquire into the limitations of existing lost time injury and disease data for the construction industry, particularly in relation to: - the organisation of data in ANZSIC categories 41 and 42; - the use of duration and severity rates as a means of assessing prevention performance; - the availability of data on work-related injury and disease for employers and self-employed people; and - other relevant matters arising from the Statutory Review of the Occupational Safety and Health Act 1984;(ii) recommend ways to further develop a work-related injury/disease profile that would enable the planning of strategies to reduce risk for all sectors of the construction industry;(iii) consider and report on the extent to which joint WorkSafe/WorkCover WA research projects could contribute to the development of the industry’s injury/disease profile referred to in the second term of reference above;(iv) report to the Commission meeting to be held in December 2002; and(v) consider the extent to which issues and proposals for action in the construction industry may be of relevance in other industry sectors.

The membership of the Working Group comprised Mr Anthony (Tony) Cooke (Chair), Ms Anne Bellamy, Mr Chris White, Mr Bob Bryant, Mr Michael Phillips and Ms Gail McGowan and met on two occasions.

Accreditation Panels

Accreditation panels are convened to provide peer assessment of applications for accreditation of training courses for safety and health representatives by the Commission.

Accreditation Panels were convened on a application basis. In 2001-02 the following acted as members: Ms Jane Ardern, Ms Rae Barrett, Ms Anne Bellamy, Mr Bob Bryant, Ms Sophia Cochrane, Mr John Delgado, Mr Michael Gavin, Ms Lynette Meyer and Mr Kim Stewart. Each panel was chaired by the WorkSafe Western Australia Commissioner, Mr Brian Bradley.

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CHANGES IN WRITTEN LAW

Occupational Safety and Health Act 1984

There were no changes to the Act in 2001-02; however, amendments were anticipated with the passage of the Statutes (Repeals and Minor Amendments) Bill 2001 and as an outcome of the statutory review of the Act commenced in 2001.

The Commission made separate submissions to the statutory reviews of the Occupational Safety and Health Act 1984 and Mines Safety and Inspection Act 1994 emphasising:• the contemporary relevance of the fundamental principles (Robens’ Principles) and objects of the Act;• the importance of remaining focused on the elimination of work-related fatalities and reducing the number of lost time injuries and diseases in Western Australia; and• the need for a separate and self-contained organisation clearly recognised as the authoritative body responsible for safety and health at work and a single and separate agency dedicated to the administration of the occupational safety and health legislation with teams of inspectors specializing in high risk areas.

The Commission also reiterated its support for legislative change, expressing disappointment that a number of matters had still to be addressed, and proposed one broadly representative body in Western Australia oversighting and providing advice to Government on occupational safety and health matters to effect them.

Consultation Drafts on the Review of the Occupational Safety and Health Act and Review of the Mines Safety and Inspection Act were released for comment before presenting the preparation of final reports to the relevant Ministers. The Commission considered the recommendations in the Consultation Drafts and also for the purpose of fulfilling its functions in respect of the Mines Safety and Inspection Act 1994 provided comments on recommendations in both Consultation Drafts.

The Commission considered the Consultation Drafts consistent with the thrust of its submissions to the review but not necessarily in its details.

In the context of being the principal forum for occupational safety and health in Western Australia and the driving force behind Western Australia’s workplace safety laws, policies and programmes, the Commission:• commended the overall direction towards a consistent approach to occupational safety and health across all industries;• was generally supportive of most concepts covered in the Consultation Drafts noting that in some cases implementation would be subject to rigorous debate, within the Commission, with a view to reaching a consensus position;• identified and grouped a number of recommendations while neither endorsing or disagreeing with the approach, for detailed discussion within the Commission and broader consultation at a later date. These included: - extending the range of employment arrangements that fall outside the current provisions in the Occupational Safety and Health Act 1984 and Mines Safety and Inspection Act 1994;

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- arriving at an appropriate jurisdiction for dealing with breaches of the legislation; - safety and health representatives; and - penalties, prevention and related matters.

Occupational Safety and Health Amendment Bill 2002

The Commission has long considered it unacceptable that Western Australian police officers because of their employment status be denied the protection of the Act and access to its consultative mechanisms. In successive statutory reviews and in other forums, the Commission has recommended the Act be amended to remove any impediment to coverage.

The Occupational Safety and Health Amendment Bill 2002, introduced into the Parliament in May 2002, seeks application of the Act to police officers. The Bill recognises and provides exclusions for circumstances with potential to adversely affect police operations. The Bill passed to the Legislative Council in June 2002.

Occupational Safety and Health Regulations 1996

The Occupational Safety and Health Regulations were subject to six amendments in 2001-02.

The Occupational Safety and Health Amendment Regulations (No.2) 2001, effective from 13 July 2001, increased the statutory fees and charges in the Regulations in accordance with Government policy and budget outcomes.

The Occupational Safety and Health Amendment Regulations 2002, effective from 7 June 2002, - provide for roof removal work to be carried out by a person licensed to carry out class 3 demotion work regardless of the height at which the work is to be done; and - update information to be provided in Schedule 2, Forms 1, 2, 3, 4, and 5.

The Occupational Safety and Health Amendment Regulations (No. 2) 2002, gazetted on 8 March 2002 and to take effect from 1 July 2002, included the following substantial and significant amendments: · inclusion of cable laying in the definition of construction work, to enhance the protection of workers involved in this activity (Reg. 1.3);· change of measurement of peak noise levels from the existing unweighted (linear) peak sound pressure level to a C-weighted peak sound pressure level (Reg. 3.45); · deletion of existing exemption for fitted flash arresters in gas welding or gas cutting equipment manufactured before 1 September 1997 (Reg. 3.98); · expansion of the information to be provided to the Commissioner following the election of a safety and health representative (Reg. 2.7 and Form 3); · inclusion of a number of amendments in Part 4 of the Regulations, for example:

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- extension of the liability for compliance, in many of the regulations to a person having control of the workplace or a person having control of access to the workplace; - revision of the requirements relating to the operation of industrial lift trucks and tractors; and - re-ordering of the actions required to deal with damaged plant and the presence of electricity in a more logical and practical order.

The Occupational Safety and Health Amendment Regulations (No.3) 2002, effective from 1 July 2002, increased the statutory fees and charges in the Regulations in accordance with Government policy and budget outcomes.

The Occupational Safety and Health Amendment Regulations (No.4) 2002, effective from 1 July 2002, resolved the issue of the reversal of the onus of proof raised by the Joint Standing Committee on Delegated Legislation and made changes of an editorial nature.

The Occupational Safety and Health Amendment Regulations (No.5) 2002, effective from 1 July repealed a provision relating to the inspection and maintenance procedures for certain items of plant (cranes, hoists and building maintenance units) introduced in the No.2 of 2002 Amendments.

Other Legislative Matters

Parliament House Staff and the Occupational Safety and Health Act

Legal advice confirmed that with the exception of some parliamentary officers such as the office of Clerk of either House, staff at Parliament House fall within the definition of an employee under the Occupational Safety and Health Act 1984.

The advice indicated that the provision of Sections 3(4), 4 and 5 of the Parliamentary and Electorate Staff (Employment) Act 1992 appear to define the various persons named as being in an employer/employee relationship for all purposes, except where there is a contrary statutory intention. Staff referred to in that Act as employers would also be employers for the purposes of the Occupational Safety and Health Act 1984.

Statutes (Repeals and Minor Amendments) Bill 2001

The Statutes (Repeals and Minor Amendments) Bill 2001 was referred to the Standing Committee on Legislation in August 2001. The Committee’s report in relation to the Bill was presented to the Legislative Council in March 2002. The Bill seeks to amend the name of the Commission, and repeal the Timber Industry Regulation Act 1926 and section 33(2) of the Acts Amendment (Occupational Health, Safety and Welfare Act )1987.

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Mines Safety and Inspection Act 1994

Under section 16 of the Occupational Safety and Health Act 1984, the Commission is required to report on the Mines Safety and Inspection Act 1994. No proposals to amend the Act or the Mines Safety and Inspection Regulations 1995 were submitted for the Commission’s consideration in 2001-02.

Electoral Act 1907

Under section 175ZE of the Electoral Act 1907, the Commission, as a public agency, is required to include a statement in the annual report setting out the details of certain types of expenditure incurred by or on behalf of the Commission. This information is published in the Department of Consumer and Employment Protection’s annual report for 2001-02.

Joint Standing Committee on Delegated Legislation

The Joint Standing Committee on Delegated Legislation scrutinises all regulations, by-laws, rules, local laws and other subsidiary legislation by government departments and agencies made subject to disallowance on behalf of the Parliament of Western Australia. In respect of the Occupational Safety and Health Amendment Regulations (No 2) 2002, the Committee comments that according to regulation 4.37(2), the person in control of the workplace is obliged to provide “measures” that prevent interference with plant.

Regulation 4.37(2) states:A person does not commit an offence under subregulation (1)(e) if, proof of which is on the person, the measures are designed to allow interference with the plant or the alterations or use of the plant for the purposes of dealing with an accident or emergency.

It is the Committee’s preliminary view that the requirements of regulation 4.37(2) are beyond the power of the Occupational Safety and Health Act 1984 to make. This is because there is no power, either express or necessarily implied in the Occupational Safety and Health Act 1984 or its Schedule to reverse the onus of proof. In the absence of an express or necessarily implied power to make regulation 4.37(2), the common law applies. The underlying common law principle is that the onus of proving an offence lies on the person alleging that an offence has in fact, been committed.

The Committee is of the view that in the absence of authorisation in the primary Act, any regulation which purports to alter a fundamental common law principle will be ultra vires. To be valid, such a provision should either be relocated into the primary Act or the primary Act should authorise the making of regulations that alter these fundamental principles. Pending further legal advice, regulation 4.37(2) was amended to reflect the view of the Committee.

In the context of the requested advice, similar provisions in regulations 2.11(5), 3.33(2), 3.34(2), 3.44C, 3.44D: 3.64(3), 3.89(2), 3.100(2), 3.111(2), 3.112(2), 3.128(3), 4.26(3), 4.37(2), 5.8(2)(b), 5.11(2)(b) and 5.13(2)(b) will be reviewed by the Commission.

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Small Business Impact Statement

Regulatory, legislative or policy initiatives with potential to impact significantly on small business are to be supported with a statement which:

• identifies small businesses or groups of small businesses affected by the proposal and the likely impacts, both positive and negative;• direct and indirect costs of compliance;• extent of consultation with small business representatives/associations; and• implementation measures that would assist small business in adapting to the proposed change.

TRAINING COURSES IN OCCUPATIONAL SAFETY AND HEALTH ACCREDITED BY THE COMMISSION

Under section 14(1)(h) of the Act, the Commission may accredit training courses in occupational safety and health.

The following organisations conducted Commission accredited introductory training courses for safety and health representatives in 2001-02: Alcoa of Australia Limited Bernard J Delgado & Associates Edith Cowan University Health Department of Western Australia Industrial Foundation for Accident Prevention SGIO Insurance – Risk Management Division The Australian Centre for Work Safety The Catholic Education Office of WA The Chamber of Commerce and Industry Unity Training Services*

A total of 197 courses were conducted, 129 in the metropolitan area and 68 in non-metropolitan locations. Two thousand, three hundred and forty six (2 346)* safety and health representatives participated in introductory training courses in 2001-02.

Introductory training courses for safety and health representatives delivered by the following training providers were re-accredited in 2001-02: Catholic Education Office until 31 December 2003 SGIO Risk Management Division until 30 June 2004 Edith Cowan University until 31 October 2003 Alcoa of Australia Ltd until 30 September 2003 Department of Health until 30 November 2003 Safety & Health Representatives (WA) Training (formerly Bernard J Delgado & Associates) until 30 June 2004

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* Numbers do not include The Shop Distributive & Allied Employees Association of Western Australia employees

trained through Unity Training


PLANNED ACHIEVEMENTS FOR 2002-03

Planned achievements for 2002-03 and beyond are to:• continue to: - provide timely legislative and policy advice to the Minister on occupational safety and health matters; - oversight application of the Occupational Safety and Health Act 1984 and Regulations; - review and monitor relevance of the Occupational Safety and Health Act 1984 and Regulations to Western Australian workplaces; - work towards maintaining a focus on occupational safety and health; - promote the Commission as the peak organisation responsible for the development of occupational safety and health policies in Western Australia; - consult widely and conduct community and industry forums on occupational safety and health; - promote the role and functions of the Commission generally and with public sector bodies, particularly in relation to the development of occupational safety and health legislation; - develop and implement formal arrangements for consultation with public sector bodies on the development of occupational safety and health legislation relevant to their responsibilities; - enhance public access to occupational safety and health information; - progressively implement actions outlined in the 2001-2003 Strategic Plan Working Together and commence development of a strategic plan for the next triennium; - use a formal process to determine Commission outputs;• focus on the development of appropriate occupational safety and health policies and prevention measures: - to eliminate work-related fatalities through the review of and making an appropriate response to available fatality injury and risk data, and coronial reports; and - to reduce the risk of work-related injury and disease;• give priority to preparing a response to the final reports of the statutory reviews of the Occupational Safety Health Act 1984 and the Mines Safety and Inspection Act 1996; • progress the development of a more comprehensive mechanism for measuring occupational safety and health performance;• promote the election and training of safety and health representatives;• determine occupational safety and health actions and outputs in relation to: - occupational asthma; - dermatitis; - occupational noise induced hearing loss; - fishing industry and underwater diving; - emergency evacuation; - cleaning industry; - agriculture; - aged care;

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- certification of operators and users of industrial equipment; - occupational safety and health content in training packages; - delivery of training to safety and health representatives; - jointly partner a series of metropolitan and regional conferences taking into account the information needs of safety and health representatives; - monitoring compliance with specific regulatory reporting requirements; - finalising and releasing new guidance material on: - tilt up and precast concrete construction; - excavation; - concrete cutting and drilling; - work-related stress; - examine occupational safety and health issues relevant to people directly involved in the identification, and development of contaminated sites and the handling and disposal of materials from or on contaminated sites; - labelling containers of hazardous substances; - material safety data sheets; - reviewing and reproducing the Commission guidance notes: - The General Duty of Care in Western Australian Workplaces - Election of Safety and Health Representatives, Representatives and Committees and Resolution of Issues.

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Attachment

Extract from the Occupational Safety and Health Act 1984.

14. Functions of the Commission (1) The functions of the Commission are ? (a) to inquire into and report to the Minister upon any matters referred to it by the Minister; (b) to make recommendations to the Minister with respect to ? (i) this Act; (ii) any law or provision of a law, relating to occupational safety and health that is administered by the Minister and any law or provision of a law relating to occupational safety and health that is prescribed for the purposes of this paragraph; and (iii) subsidiary legislation, guidelines and codes of practice proposed to be made under or for the purposes of any prescribed law; (c) to examine, review and make recommendations to the Minister in relation to existing and proposed registration or licensing schemes relating to occupational safety and health; (d) to provide advice to and co-operate with Government departments, public authorities, trade unions, employer organizations and other interested persons in relation to occupational safety and health; (e) to formulate or recommend standards, specifications or other forms of guidance for the purpose of assisting employers, self employed persons and employees to maintain appropriate standards of occupational safety and health; (f) to promote education and training in occupational safety and health as widely as possible; (g) in co-operation with educational authorities or bodies to devise and approve courses in relation to occupational safety and health; (h) having regard to the criteria laid down by the National Occupational Health and Safety Commission, to advise persons on training in occupational safety and health and to formulate and accredit training courses in occupational safety and health; (i) to recommend to the Minister the establishment of public inquiries into any matter relating to occupational safety and health; (j) to collect, publish and disseminate information on occupational safety and health; (k) to formulate reporting procedures and monitoring arrangements for identification of workplace hazards, and incidents in which injury or death is likely to occur in an occupational situation; and (l) to commission and sponsor research into occupational safety and health.

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(2) The Commission may issue for public review and comment any regulations, codes of practice or guidelines with respect to which it proposes under subsection (1)(b) to make any recommendations to the Minister.

(3) The Commission shall ensure, as far as is practicable, that any information it provides is in such language and form as are appropriate for the persons to whom the information is directed.

(4) The Minister shall within 60 days after receiving from the Commission a recommendation under subsection (1) make reply in writing to the Commission in relation to that recommendation.

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Documents

ANNUAL REPORT 2001/02file/worksafe02.pdf · ANNUAL REPORT 2001/02 Independent Chairperson Commissioner Chamber of Commerce and Industry nominees UnionsWA nominees OHS Experts nominated