Department of Justice and Community Safety

FREQUENTLY ASKED QUESTIONS

Penalties

What are the maximum penalties for an organisation that doesn’t comply with Occupational Health and Safety Act 1989 (the Act)?

The maximum penalty under the Act is 2000 penalty units.

A penalty unit is worth $100 per penalty unit for an individual
$500 per penalty unit for a corporation.

General Regulation 2007 - Some FAQs

Frequently Asked Questions about the OHS (General) Regulation [62kb]

Health and Safety Policy

How do I get an OHS policy?

A written health and safety policy is important in demonstrating to management and employees that there is a commitment to ensuring high standards of health and safety for all employees.

Section 37(2)(e) of the Act expressly requires employers to develop and maintain a policy relating to occupational health and safety that:

enables effective co-operation between the employer and the employees in promoting and developing measures to ensure the employees’ health, safety and welfare at work
provides adequate mechanisms for reviewing the effectiveness of those measures.

The Act encourages a consultative approach in the workplace. In preparing the policy, the health and safety representatives, health and safety committee, employees, any involved trade unions and employer associations should be consulted. Employees must be made aware of the policy. If necessary it should be written in languages other than English.

The policy statement must be kept up to date and should clearly indicate the company's health and safety policy objectives and the arrangements to achieve those objectives. It is important to prominently display the policy statement and to ensure that it is signed and dated by current management.

OHS in the Office

The air-conditioning system has broken down/is inefficient – what can be done?

You must advise your manager of the problem with the air-conditioning system. The manager must then, in writing follow the problem up with the building manager or owner directly who will then take the necessary steps to rectify the problem through communication with the person/s responsible for the maintenance of such plant.

Noise

What is the maximum acceptable noise in the workplace?

Maximum acceptable noise levels are 85 dB(A) averaged over an 8 hour work exposure period and 140 dB(C) for peak noise.

As a rule of thumb if two people are a metre apart in a workplace and have to raise their voices to be heard or understood by each other the noise levels are most likely too high.
For every 3 dB(A) increase in the noise levels a persons exposure time must be reduced by half, e.g. if the noise level rises to 88 dB(A) the maximum exposure time should be not more than 4 hours, 91 dB(A) maximum exposure time is 2 hours, 94 dB(A) down to 1 hour, and so on.
For each 1 metre in distance a person is moved from the source of noise, generally speaking, a reduction of 3dB(A) in noise level is achieved for the person.
Many hand-held tools (electrical grinders, saw, drills and air ratchets, air rattle guns, air drills, air blower nozzles etc) can generate noise levels up to and in excess of 120 dB(A) meaning, at 120 dB(A) the maximum exposure time for a person should be no more than 6 seconds in any one eight hour period.
The exposure time to noise is also accumulative i.e. each dose of noise on each occasion within the same eight hour period is added together.
The exposure time to noise is also effected when working in atmospheres containing vapours.

However, as mentioned in the ACT Codes of Practice on Noise, there are differing levels of sensitivity in the population. Above noise levels of around 85 dB, the issue of control measures to eliminate risk should be considered. This could include engineering ( insulation of plant ) controls and PPE controls ( ear plugs/protectors etc ).

If you are unsure of acceptable noise levels in your workplace you can suggest to your employer that an external consultant may be engaged to take noise level readings and report findings. There are a number of noise consultants in the yellow pages.

Hazards

What is a hazard?

A hazard is anything (including work practices or procedures) that has the potential to harm the health or safety of a person. (Clause 3 of the (NSW) OHS Regulation 2001). Hazards can arise from:

the workplace environment
the use of plant and substances
poor work design or practices
inappropriate management systems and procedures
human behaviour.

I have a number of hazards that are the same but occur in different places. Do I have to do a separate risk assessment for each of them?

A general risk assessment of the hazard is enough, however you will need to examine the different places or circumstances in which the hazard occurs and make sure that your risk assessment outcomes are applicable.

You will also need to check that the risk is eliminated or effectively controlled for each place or circumstance.

What are some ways in which you can identify hazards?

A number of procedures can be implemented in your organisation to enable workplace hazards to be identified:

observation
health and environment monitoring
safety audits
monitoring complaints
monitoring injury and illness records.

PERSONAL PROTECTIVE EQUIPMENT (PPE)

What is Personal Protective Equipment (PPE)?

Personal Protective Equipment (PPE) protects a worker’s body from hazards and includes a wide range of clothing and safety equipment. PPE includes boots, face masks, hard hats, ear plugs, respirators, gloves, safety harnesses, high visibility clothing, etc.

How can I know which PPE should be used for a specific job?

Selection processes should include:

detailed evaluation of the risk and performance requirements for the PPE
consultation with users
ensuring compatibility of PPE items where more than one type of PPE is required (eg ear muffs with a hard hat)
consideration of workers’ medical conditions and fitting requirements
preference for PPE that complies with the relevant Australian Standard or similar international standard
review of existing PPE to ensure that it is still appropriate. Upgrade PPE where necessary ie; see if something better exists on the market that does a more effective job.

Injuries and Dangerous Occurrences

Where can I obtain IDO forms?

Injury and Dangerous Occurrence forms are available from the ACT WorkCover main counter or here.

Designated Work Groups

Do I need to establish a DWG?

In the private sector, the formation of DWG’s applies to employers with 10 or more employees in the ACT. This includes casuals and part-time employees. The arrangements apply even where the employer does not employ 10 or more employees in any single workplace, but has 10 or more employees overall. For example, you may have 10 or more employees working at a number of different sites.

How do I set up DWG’s?

Other than for ACT government, an employer must establish DWG(s) within 14 days of becoming an employer of 10 or more employees, after consultation with employees and any involved unions has occurred. Every employee must belong to a DWG and a notice must be displayed at the workplace describing the composition of the DWG and once selected, a listing of the names of the employee selected health and safety representatives.

It is advantageous to provide all details of employee selected health and safety representatives. A way of doing this is to display posters with all selected representative’s photo, their location within the organisation and contact details of each.

Lifting

How much weight can a person lift?

There is no longer a prescribed maximum weight limit for lifting for either men or women in the legislation. A risk assessment will need to be undertaken to determine what risks are likely to occur during the work processes.

The weight of the load needs to be considered in relation to a number of other risk factors such as the:

actions and movements
working posture and position when lifting
duration and frequency of manual handling
location of loads and the distances moved
characteristics of the load.

Light loads can still be a problem if for example they are lifted incorrectly or if light loads are lifted in an environment that is unsafe.

The ACT Code of Practice for Manual Handling indicates that the risk of injury increases when:

lifting weights of more than 4.5 kg while seated
lifting weights above the range of 16-20 kg.

Weights over 55 kg should not be lifted without mechanical assistance or team lifting. Young workers under the age of 18 years should not be required to lift, lower or carry more than 16 kg without mechanical or other assistance and/or particular training for the task pushing, pulling and sliding objects that are difficult to move.

If you are lifting a load, be sure to get you technique correct and the load as close to your body as possible! A load can cause a manual handling injury through use of incorrect lifting techniques. By lifting incorrectly, you can make a relatively manageable light load become an awkward heavier load.

Slips, Trips and Falls

How do I prevent trip accidents?

Floor surfaces should be unbroken. They should also be free of holes and obstructions likely to cause a person to trip or stumble.
Mats should not be placed in aisles and doorways (and other floor areas with high levels of pedestrian activity) unless they are fixed to the floor and have an edge sealing to minimise the risk of tripping. It is advisable to have a vertical edge that is less than 10 mm high therefore mats should have a sloping border instead of a vertical edge.
Grated floors should have openings that are less than 40 mm wide and less than 5,000 square millimetres in area.
Gaps between sections should not be more than 10 mm in width whatever their length .
Power cords that must run across floors should be secured so as not to pose a trip hazard.

First Aid

Do I have to stock painkillers (paracetamol, ibuprofen) in the First Aid kit?

No, because these drugs are scheduled pharmaceutical drugs. Employees should purchase their own supply of any pharmaceutical they need.

It is advisable not to supply any scheduled pharmaceutical drugs at your workplace. Always remember that first aid means exactly that and by administering such drugs you increase the risk of complications ie; you do not know each individual’s tolerance to medications. You do not know whether the individual is allergic to such medications.

Vaccinations

Do we need mandatory Hepatitis B/C vaccinations?

Employers should offer to provide a course of hepatitis B immunisation to all employees who have regular contact with, and therefore may be exposed to, blood or body fluids.

A full course of hepatitis B vaccine should be given and consists of three doses, given at zero, one and six months. The full course must be given before protection will be adequate. The frequency of seroconversion increases from 35 per cent after one injection to over 90 per cent after the third injection. Employees should be screened for seroconversion one to three months after the third injection. Those who do not seroconvert should be offered a fourth dose of vaccine and they should be rescreened for seroconversion.

It is in the employer’s best interest and duty of care to provide such vaccinations for those exposed to the above risks.

Testing and Tagging

Who can test and tag electrical leads?

A competent person such as a licensed electrician can test and tag electrical leads. Australian Standard 3760 (AS 3760) can assist with information on testing and tagging schedules for electrical equipment.

Construction

What is “static line” in construction?

“Static line” means a line extending between two or more anchorages which has been designed to sustain the mass of workers who may be connected to the static line through travelling anchorages.

What is a “green card” and how do I get one?

The "green card" system is a construction OHS induction program run in NSW where it is mandatory. It is not required in the ACT. There is a "blue card" induction program run by the unions in the ACT, which is different to the NSW system, and is, once again, not mandatory.

For further inquiries about “green card” please contact the Housing Industry Association Limited, 79 Constitution Avenue, Canberra ACT 2612 Tel: (02) 6249 6366 Fax: (02) 6257 7635. Website: www.hia.asn.au

Demolition

What responsibilities does a demolition contractor have?

The demolition contractor should:

in consultation with the principal contractor and a structural engineer, develop a Demolition Safety Plan for the proposed demolition work, including the method or methods of demolition
inform the owner, principal contractor and any other relevant parties of the method or methods of demolition selected and the equipment to be used
obtain all necessary work permits and authorisations and provide all necessary notifications concerning the work
nominate a person to supervise the work at all times and implement the Demolition Safety Plan. This person must be competent in the type of demolition work needed for the particular project and experienced in the implementation of safe work procedures
ensure an inspection of adjacent properties is undertaken when necessary, and any change in the condition of adjacent properties during the demolition work is reported to the relevant parties
erect all appropriate fencing and overhead protection barriers for the protection of the public and workers at the workplace
ensure workers are consulted and provided with all the information, instructions, training and supervision they need to perform their work safely
maintain the security of the site
arrange for the recycling of building waste wherever possible and the disposal of all other refuse and debris
provide appropriate amenities for workers
provide appropriate first aid and emergency services.

Do I need to lodge a Demolition Plan?

Before the commencement of any demolition work, the site and the building or structure to be demolished must be investigated in accordance with the ACT WorkCover Safe Demolition Code of Practice and Australian Standard 2601 – The demolition of structures.

On the basis of this investigation, a Work Plan must then be prepared as set out in Australian Standard2601, describing the demolition site and the proposed demolition methods and work processes. The preparation of a Work Plan is a prescribed requirement, under the Building Regulations, for all applications for building approvals involving demolition. In other words, the building certifier must ensure a demolition Work Plan has been developed in accordance with Australian Standard 2601 before he or she issues a building approval.

What responsibilities do demolition workers have?

Workers should:

carry out their work in accordance with the Demolition Safety Plan
report identified hazards and risks in accordance with the process outlined in the Demolition Safety Plan
use equipment in accordance with the instruction and training provided.

Traffic Management

What are the safety requirements for working on the side of a road?

Prior to any person working near a road a risk assessment should be completed. Persons working within 3 metres of the kerb or tar edge alongside public roads must have an approved Temporary Traffic Management (TTM) plan. Inquiries about TTM plan approvals should be directed to ACT Roads (phone: 6207 2500)). Whilst TTM are not required for distance of 3 metres from the road, a risk assessment of hazards associated with working on roadways should be conducted in consulting with employees prior to work commencing, so that appropriate control measures can be implemented. High visibility vests should always be worn when working on or near a road.

Temp Traffic Management Permits are required when street is being blocked off for building, roadwork or crane work. This is only an ACT WorkCover matter when the safety of pedestrians/the public may be effected.

Sharps

How are sharps disposed of safely?

For information relating to sharps please contact The City Rangers on 6207 7132 . You can also ring a direct Sharps and Needles number on 132281.

Asbestos

For the latest information about asbestos in the ACT click here.

Where can asbestos waste be disposed?

Asbestos waste can only be disposed at the asbestos trench at West Belconnen Landfill, Parkwood Rd.

This can only be done by appointment. For the appointment call 6207 6030.

Deliveries can only be taken on Wednesdays as the Landfill is now closed to the public.

Asbestos waste can only be delivered by a licensed asbestos removalist ( most builders are licensed) and the following must be provided at time of disposal :

name of Builder
contact office and Phone number
name of transporter
contact office and phone number
site address of where asbestos is from
type of asbestos
quantity
packaging detail ( is it in containers, in sealed drums, bagged etc) .

Where can asbestos be found?

Asbestos can be found in the form of cement sheeting, cords, wall and floor panels, partitions and pipes, brake linings, clutch facings, electrical and thermal insulation. It is particularly “friable”, or respirable, in the form of “limpet” sprayed asbestos, usually found on beams in older buildings.

Asbestos cement sheeting can be found in residential properties built between the 1960's and the late 1970's. Asbestos sheeting can most commonly be found in wet areas such as the bathroom walls and under the eaves of the house.

When did it become illegal to use asbestos in residential buildings?

It was banned in 1988 for use in new buildings under the building Act. They stopped manufacturing in about 1984. However some stockpiles would have been used up to 1986. The government implemented a clean out of asbestos used for insulation in houses for number of years around the mid 1980. Depending on the age of the house you would still expect to find Asbestos such as AC sheets in the wet areas such as bathrooms and under eaves, and in some vinyl type floor tiles. There are various types of asbestos the some of the really nasty ones are :

Chrysotyle
Crocidolite
Amosite

How can I find out whether my house contains asbestos?

You will need to ring one of the approved removalists to check if your house contains asbestos. You can find their phone numbers in the Yellow Pages or from BEPCON.

Where can I find a licensed asbestos removalist?

You can find their phone numbers in the Yellow Pages, or from BEPCON.

BEPCON have a complete list of licensed builders and the classification of the licence they have.

How do I go about removing asbestos cement sheeting?

Only licensed asbestos removalists and licensed builders can remove asbestos cement sheeting. Except where stated otherwise, the removal and transport of asbestos must be carried out in accordance with the Building Act and Regulations, the Building Code of Australia including its ACT Appendix, the Occupational Health and Safety Act, the Worksafe Australia Asbestos Code of Practice and Guidance Notes, the Australian Code for the Transport of Dangerous Goods by Road or Rail and the PALM Note.

Asbestos cement sheets used for roofing or cladding should not be dropped or damaged during demolition because this may release harmful asbestos fibres. Bolts, screws and nails attaching the sheets to purlins or sheeting rails should be removed first, so that the sheets can be removed intact and lowered to ground level in a controlled manner.

Do builders have to have a licence to remove asbestos?

Yes. The builder should have an A, B or C class licence which can be obtained form BEPCON (Building, Electrical & Plumbing Control). A building certifier needs to be aware of AC sheeting or weathered asbestos removal. The builder who is removing it has a duty of care to employees, third parties, members of public etc. Personal protective equipment (PPE) is to be worn in the removal process. For other forms of asbestos if there is any doubt at all, have a survey conducted by hygienist (Yellow Pages) or get a licensed asbestos removalist (Yellow Pages). It is an offence to remove and dispose of asbestos incorrectly and by an unauthorised removalist. Heavy fines may be incurred.

Workcover