Hazards

Risk Control ProcessFour Step Process

1. Identify Hazards.

2. Assess Risk (of Hazards).

3. Eliminate or Control.

4. Monitor and Review.

Definitions

• HAZARD – Potential to cause harm!

Definitions

• HAZARD – Potential to cause harm!

• RISK – An assessment of the likely hood of the event happening and

if it did the likely injury

WHS – Primary Duty

What is Reasonably Practicable?Defined by section 18 of the ACT

What is Reasonably Practicable?Defined by section 18 of the ACT

The likelihood of the hazard or the risk concerned occurring

• Plumber working a trench in a Road

– On a Busy Road say the M2

– In the front set back area of House

• HAZARD – Being Struck by out of control vehicle

• How Likely is the Hazard will occur?

What is Reasonably Practicable?Defined by section 18 of the ACT

The degree of harm that might result from the hazard or the risk,

• Plumber working a trench in a Road

– On a Busy Road say the M2

– In the middle of a Park

• HAZARD – Being Struck by out of control Vehicle/Bicycle

• How Likely is the Hazard will occur?

What is Reasonably Practicable?Defined by section 18 of the ACT

What the Person Knows, or reasonably ought to know, about the Hazard and Controlling it

• We will discuss this in more detail later but

• This is a consideration of the requirement that you

– Understand the RISK– Understand how to control

• Is it a Freak Event?

What is Reasonably Practicable?Defined by section 18 of the ACT

The AVAILABILITY and suitability of ways to eliminate the risk

• Availability of Controls

• Does not mean that if it is out of stock you don’t have to worry about it

The AVAILABILITY and suitability of ways to eliminate the risk

• Availability of Controls

• It means the consideration of What is available?

– Concrete Barriers

– Temporary Barriers

The availability and SUITABILITY of ways to eliminate the risk

• Suitability is an assessment of the Hierarchy of Controls

• Eliminate• Substitution• Isolate• Engineering• Administrative• PPE

The availability and SUITABILITY of ways to eliminate the risk

• Suitability is an assessment of the Hierarchy of Controls

• Eliminate• Substitution• Isolate - Barriers• Engineering• Administrative - Signs• PPE - High Viz, Helmets, Boots

What is Reasonably Practicable?Defined by section 18 of the ACT

COST

• Cost is the last consideration

COST

• Cost is the last consideration

• Risk = Outcome & Likely Hood

WHS – Primary Duty

More Specifically

More Specifically

What is a Hazard

• Potential to Cause Harm

• Is the potential of a “Risk to Health & Safety”

What is a Hazard

• Potential to Cause Harm

• Is the potential a “Risk to Health & Safety”

• Do you need to have an accident to be in breach

Positive Duty Law

• It is hard to identify sitting in the Air-conditioned Site Shed

More Specifically

Workcover v Clarendon Homes

• Trespassers (Children) accessed Site on weekend

• Fell down opening in floor for future stairwell

• Is the Builder liable for OHS prosecution

Workcover v Clarendon Homes

• Trespassers (Children) accessed Site on weekend

• Fell down opening in floor for future stairwell

• Is the Builder liable for OHS prosecution

Is there a Hazard Present ?

Who Health & Safety was at Risk?

Workcover v Clarendon Homes

• Trespassers (Children) accessed Site on weekend

• Fell down opening in floor for future stairwell

• Is the Builder liable for OHS prosecution

Who is or will be Exposed to the Hazard?

More Specifically

Reasonably Foresable – What does this mean?

Identifying Hazards – The Standard

• What is the Threshold?

• How well do you have to do it?– How Experienced are you!– How much do you know!

WHS REGS s34

• A duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety.

NOTE – It does not qualify by• Ability• Age• Experience

Identify Hazards – The Standard

• Do You know everything about everything?

• Or to quote Donald Rumsfeld– There are Known Knowns– There are Known Unknowns”– There are Unknown Unknowns

– How does this fit into WHS & your working Environment

Identify Hazards – The Standard

• Do You know everything about everything?

• Or to quote Donald Rumsfeld– There are Known Knowns– There are Known Unknowns”– There are Unknown Unknowns

– How does this fit into WHS & your working Environment

Identify Hazards – The Standard

• Do You know everything about everything?

• Or to quote Donald Rumsfeld– There are Known Knowns– There are Known Unknowns”– There are Unknown Unknowns

– How does this fit into WHS & your working Environment

Is it Unknown to you but known to others

Identify Hazards – The Standard

• Do You know everything about everything?

• Or to quote Donald Rumsfeld– There are Known Knowns– There are Known Unknowns”– There are Unknown Unknowns

– How does this fit into WHS & your working Environment

Is it Unknown because you haven’t bothered to find out

This Sounds Like “Known Unknowns”

WHAT ABOUT THE BEGINNERImbree v McNeilly [2008] HCA 40• 27 - These reasons will show that the standard of care which the

driver (the first respondent) owed the passenger (the appellant) was the same as any other person driving a motor vehicle – to take reasonable care to avoid injury to others. The standard thus invoked is the standard of the “reasonable driver”. That standard is not to be further qualified, whether by reference to the holding of a licence to drive or by reference to the level of experience of the driver. (Cook v Cook should no longer be followed)……– (Cook v Cook is an old case that said “you had to cut the beginner

slack”)• 54 - Knowledge of inexperience can thus provide no sufficient

foundation for applying different standards of care

How do you Identifying Hazards

• Your Experience & Knowledge– I.e. “Known Knowns”

• Is this enough to discharge you duties

How do you Identifying Hazards

• Your Experience & Knowledge– I.e. “Known Knowns”

• Is this enough to discharge you duties

• How do you find out about the Known Unknowns

Workcover NSW

• Should be you primary sources

Worksafe WA

• Checklists• http://

www.commerce.wa.gov.au/worksafe/PDF/Checklists/index.htm.

• Codes of Practice• http://www.commerce.wa.gov.au/WorkSafe/P

DF/Codes_of_Practice/

Worksafe B.C

• British Columbia Canada Regulator

• http://www2.worksafebc.com/Portals/Construction/Home.asp

• Relevance to NSW

US Department of Labor

• http://www.osha.gov/pls/publications/publication.html

Hazard Identification - Machinery

• http://australia.cat.com/parts-and-service/maintenance-and-support

• http://www.makita.com.au/support/makita-safety

• http://www.flowcrete.com.au/Support.html

Hazard Identification - Machinery

• http://australia.cat.com/parts-and-service/maintenance-and-support

• http://www.makita.com.au/support/makita-safety

• http://www.flowcrete.com.au/Support.htmlThese must be read in conjunction with any NSW Law, Codes of Practice

Work Process – Hazard ID

• Master Electricians Association

• Master Plumbers Association

• Master Builders Association

• Elevated Work Platform Assoc

Regulators have Extensive Codes of Practices

Materials - Hazard

• LPG Gas

• Hydrochloric Acid

• Boral Stud Adhesive

Other Organisations

• CFEMU

• Medical Journals

DUTY TO CONSULT

Hazard Identification

• Checklists

• Safety Committee meetings

• Any others

• A TICK and FLICK wont cut it, you need notes.

Assessment 1

• Over the Next 4 weeks.

• Once a week conduct a Hazard Identification Inspection of your place

• Where are you going to get a checklist from

WHS DEFENSE

WHS DEFENCES

WHS Defences

• It is all about the

• Known Knowns

• A soothing thought

• YOU ARE UP AGAINST THE STATE who are good at finding the “UNKNOWN KNOWNS”

Risk Matrix

• Risk Matrix

• Risk Assessment Form

Assessment

• Over the Next 4 weeks.