You are in Intro>Occupational Health and Safety
By the end of this session you will be able to:- Summarise the employees responsibilities stated in the OHS(CE) Act.
- Discuss the contractors liability while working at Telstra Sites.
Occupational Health and Safety
Both Federal and State Legislation clearly indicate the responsibilities and lawful accountability of employees.
Duties of employees in relation to occupational health and safety.
Employees’ responsibilities (Sections 9 and 21). An employee is someone who is employed by the Commonwealth or by a Commonwealth authority whether employed under a law of the Commonwealth or of a Territory, or under a contract of service or apprenticeship.
Section 21 of the Act states:
(I) An employee must, at all times while at work, take all reasonably practicable steps:
(a) to ensure that the employer does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the health or safety of the employee, or of other persons (whether employees or not) at or near the place at which the employee is at work; and
(b) in respect of any duty or obligation imposed on the employee's employer, or on any other person by or under this Act or the regulations, to cooperate with the employer, or that other person, to the extent necessary to enable the employer or other person to fulfil that duty or obligation;
and
(c) to use equipment, in accordance with any instructions given by the employee's employer consistent with its safe and proper use, that is:
(i) supplied to the employee by the employer, and
(ii) necessary to protect the health and safety of the employee, or of other persons (whether employees or not) at or near the place at which the employee is at work.
Penalty: There are prescribed penalties in the case of any employee who is employed by a Government business enterprise.
Notification and Reporting of Incidents
The procedure to follow in the event of an incident is:
1. Provide First Aid to the injured; There may be a first aid kit on site and in some buildings there will be a qualified first aider.
2. Report the incident in accordance with the company and contract procedures.
Section 68 of the Act
Notification and reporting of accidents and dangerous occurrences.Where, at or near a workplace at which an undertaking is being conducted by an employer, there is, arising out of the conduct of the undertaking:
(a) an accident that causes the death of, or serious injury to, any person; or
(b) an accident that causes an employee who performs work in connection with the undertaking to be incapacitated from performing work for a period of 5 or more successive shifts workable by the employee; or 5 or more successive working days; or
(c) a dangerous occurrence;
The employer must, in accordance with the regulations, give to COMCARE such notice of, and such a report concerning the accident or dangerous occurrence as the regulations require.
Regulation 2 (What is a serious personal injury?).
"Serious personal injury" means an injury to, or disease, in a person
(a) that is caused in the course of work; and
(b) for which the person is:
(i) given emergency treatment by a registered medical practitioner; or
(ii) treated in a hospital as a casualty, without being admitted to the hospital; or
(iii) admitted to a hospital;
Regulation 3 (What is a dangerous occurrence?).
(1) An occurrence is a dangerous occurrence for the purpose of the definition of "dangerous occurrence" in subsection 5(1) of the Act if it is an occurrence that:
(a) resulted from operations that arose from the undertaking conducted by an employer; and
(b) could have caused:
(i) the death of, or serious personal injury to, any person; or
(ii) the incapacity of an employee for a duration of 5 or more successive working days or shifts; but as a result of which death, serious personal injury or incapacity referred to in paragraph (b)did not occur.
(2) Without limiting the generality of subregulation (1), each of the following occurrences at a workplace is taken to be a dangerous occurrence:
(a) a malfunction of apparatus intended to permit the user to breath independently of the surrounding atmosphere, with the result that a person using the apparatus is:
(i) deprived of oxygen; or
(ii) exposed to an atmospheric contaminant to a health-threatening degree;
(b) damage to, or a malfunction of, equipment, being:
(i) a conveyor, crane, escalator, hoist or lift; or
(ii) scaffolding; or
(iii) winding machinery;
with the result that the equipment, or the workplace where the equipment is installed, is inoperative for a period of 24 hours or longer;
(c) an uncontrolled;
(i) explosion; or
(ii) fire; or
(iii) release of a dangerous substance, whether in a solid, liquid or gaseous form;
in a workplace, with the result that plant in the workplace, or the workplace, is inoperative for a period of 24 hours or longer;
(d) an electrical short circuit or other malfunction in a workplace, with the result that plant in the workplace, or the workplace, is inoperative for a period of 24 hours or longer;
(e) collapse, or partial collapse, of an excavation that is more than 1.5 metres deep or failure, or partial failure, of shoring for an excavation of that kind;
(f) collapse, or partial collapse, of a ceiling, floor, roof or wall of a building that is, or is part of, a workplace.
Some Additional Penalties
In addition to the penalties prescribed for noncompliance by an employer or an employee, penalties can apply to the following situations: (Refer to the relevant legislation for actual details of the penalties which can be applied).
For manufacturers, installers and suppliers of plant and substances who do not comply with specific provisions of the Act.
For any person who fails to provide reasonable assistance and information to an investigator, on request, under Section 43 of the Act.
For any person who knowingly and recklessly gives false or misleading information to an investigator under Section 43 of the Act.
For any person wilfully or recklessly interfering with, or causing to become ineffective, any protective equipment or safety device provided for the health, safety or welfare of employees at work. (Section 72 of the Act).
Section 37 of the Act – Action by a Health and Safety Representative
Telstra has elected and trained personnel who have powers and responsibilities with respect to safety under the Commonwealth Act. These people are called Health and Safety Representatives. The equivalent person under state based Acts may be identified by another title and have a different range of powers therefore it is necessary to identify any acts and legislation to which you must comply.
Where a Health and Safety Representative believes there is an immediate threat to health and safety unless work ceases, he or she must:
- inform the supervisor of the threat
- (in the absence of a supervisor) direct work to cease in a safe manner and inform the supervisor as soon as possible
The supervisor is then required to take appropriate action.
You are in Intro>Equal Employment Opportunity (EEO)
Equal Employment Opportunity (EEO);
Summarise the employees responsibilities under legislation covering Equal Opportunity, Anti Discrimination and Affirmative Action.
EEO
Employers have Equal Employment Opportunity (EEO) obligations that are outlined in the following legislation.
- Equal Opportunity
- Anti Discrimination
- Affirmative Action
This legislation protects the principal that every person has the right to be treated fairly.
It is unlawful to undertake work-related discrimination and harassment on specific grounds such as:
- Race, Age, Sex, Marital Status, Disability etc.
Discrimination
The definition of discrimination can vary from state to state. Generally, discrimination is when a person(s) treats another person(s) less favourably than someone in the same circumstances and the discrimination is on a prohibited ground.
To fall within the legislation, a complaint of discrimination or unacceptable personal behaviour (relating to an employment matter) must fall within at least one of the prohibited grounds listed in the legislation.
Grounds of discrimination listed in the legislation may include but are not limited to the following:
- age
- sexual preference
- status as a parent or carer
- sex
- marital status
- medical record
- race
- pregnancy
- criminal record
- nationality
- political belief
- disability
- religion
- trade union activity
Unlawful discrimination, which can include certain forms of harassment may be obvious (direct discrimination) or covert (indirect discrimination) and may be intentional or unintentional.
Racial Discrimination
Behaviour may constitute racial discrimination where it involves a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin, with the purpose or effect of reducing a person's enjoyment of any human right on an equal footing.
Some examples of racial discrimination include:
- Distribution or display of offensive racist or racially oriented material (posters, pictures, cartoons etc).
- Jokes or derogatory comments making reference to ethnicity or racial characteristics.
- Racially offensive gestures.
- Racially oriented verbal abuse.
- Repeated irrelevant reference to a person's racial, cultural or ethnic background.
- Practical jokes based on race or directed only at members of a non-majority ethnic group.
- Isolation or segregation of those from a minority racial or ethnic background on the basis of race or ethnicity.
- Assault.
Sexual Harassment
A person sexually harasses another person if:
(a) a person makes an unwelcome sexual advance or an unwelcome request for sexual favours to the person being harassed
(b) a person engages in other unwelcome conduct of a sexual nature in relation to the person being harassed
Sexual Harassment is conduct of a coercive, demeaning, intimidating nature. It is directed at someone who does not welcome the behaviour and who is not in a position to be able to stop it easily. Sexual harassment is NOT mutual attraction between people.
Sexual harassment is behaviour of a sexual nature that is perceived to be:
- unwanted;
- unsolicited;
- not reciprocated
and:
- offends;
- intimidates;
- or humiliates
the person(s) who is/are subjected to such behaviour.
Examples of sexual harassment include:
- unwanted physical contact including touching, pinching, rubbing, staring, etc
- sexual jokes, innuendoes, comments, intrusive questions regarding a person's sexuality or their sex life
- offensive posters, cartoons, reading material, computer messages, etc
In accordance with the legislation, the way in which the person (to whom the behaviour is being directed) perceives the behaviour is what matters. This is called the "eye of the beholder" test. The legislation also states that the intent of the harasser is irrelevant.
Indecent exposure, sexual assault or rape also constitute sexual harassment. However, they are also acts of a very serious nature and are deemed criminal offences. Acts of this nature should be reported to the police immediately, providing the victim has given consent for this to take place.
Disability Harassment
This involves discrimination or harassment against a person because he/she has a disability or impairment or because he/she is a carer for a person who has a disability or impairment. Examples of disability contemplated by the legislation include (but are not restricted to):
- physical
- psychiatric
- sensory
- neurological
- learning disability
- physical disfigurement
- presence in the body of organisms capable of causing disease eg. HIV
The disability may be present or previously existing or an anticipated disability. It can also be implied, that is where someone is thought to have a disability.
Examples of disability harassment include:
- Distribution or display of offensive material (posters, pictures, cartoons, etc.) based on disability.
- Mocking remarks or derogatory comments making reference to the characteristics of a person with a disability.
- Intimidation or verbal abuse aimed at the disability of a person.
- Repeated irrelevant reference to a person's disability.
- Practical jokes based on a person's disability.
- Isolation or segregation of those with a disability.
- Humiliation of a person with a disability.
- Assault.
Victimisation
A person victimises another person if the [first mentioned] person subjects or threatens to subject the other person to any detriment on the ground that the other person:
- has made or intends to make a complaint under the legislation
- intends to provide information as a witness
- supports an individual(s) who intends to or has made a complaint
- is believed to have done or proposed to do any of the above
An individual who believes he or she has been victimised may lodge a complaint under EEO legislation.
You are in Intro>Privacy
Privacy
Summarise the employees responsibilities regarding privacy requirements under legislation and telecommunications regulations.
Privacy
Contractors performing work on behalf of Telstra, and others present within Telstra Network Facilities, must meet the obligations of the relevant legislation, Telecommunication's Regulations and as directed by Telstra eg. through contract provisions.
Telstra is subject to privacy obligations contained in Australian legislation and telecommunication regulations. The Privacy Protection Principles and associated operational policies are set out in Telstra’s Privacy Protection Policy document. Partial extracts of the policy document are reproduced below.
Principle 4: Use
Personal information will only be used for:
a) / The purpose for which it was collected or for a directly related purpose;b) / Improvement of customer service;
c) / The derivation of anonymous or aggregated information;
d) / The prevention or lessening of a threat to the life or health of the individual concerned or another person;
e) / The purposes permitted, required or authorised by or under law;
f) / The enforcement of the criminal law imposing a pecuniary penalty or for the protection of public revenue, where the use is reasonably necessary, or;
g) / Any other purpose, where the person concerned has consented to its use for that purpose.
Principle 5: Disclosure
Personal information will not be disclosed to a third party unless;
a) / The person concerned has consented to the disclosure;b) / The Third Party is an agent or contractor of Telstra and is required to keep the information confidential and to use the information only for the purpose for which it was disclosed;
c) / It is the usual practice of Telstra to pass information to a third party and the individual from whom the information was collected was notified of this practice at the time of collection;
d) / There are reasonable grounds to believe that disclosure is necessary to prevent or lessen a threat to the life or health of the individual concerned or another person;
e) / The disclosure is permitted, required or authorised by or under law, or;
f) / The disclosure is reasonably necessary for the enforcement of the criminal law or a law imposing a pecuniary penalty, or for the protection of public revenue.
Principle 12: Compliance Audit
Telstra will maintain an independent compliance audit program to ensure its privacy protection principles and policies remain appropriate and that Telstra operates in compliance with those principles and policies. The independent program will be monitored by a Privacy Audit Panel. A yearly report on the audits conducted and their outcomes will be made available to the public.
You are in Intro> Contractor Liability
Contractor Liability
- Summarise the employees responsibilities with respect to Contractor liability.
Contractor Liability
As outlined in the contract, you the contractor, shall indemnify and keep indemnified Telstra in respect of all damage and subsequent losses resulting from any incident which may occur due to your negligence during or in connection with the execution of the contracted work.
One example of this would be:-
"that should an Exchange be unable to provide a service to a customer, because a Contractor had allowed dust to enter sensitive equipment”.
Telstra could pursue the recovery of such losses and damage caused by the Contractor or his agents.
You are in: Intro> Basic Definitions
Objectives
At the end of this course, you should be able to:
- Outline the training requirements and implementation tasks for “being there” in the Telstra network facilities.
- Describe the general hazards that may be present at network facilities
Basic definitions
Network Facilities
Throughout the remainder of this course, Network Facilities are referred to as " network facilities " or " site ". Network facilities are often referred to as "exchanges".
Network facilities, for the purposes of this course, include any network assets which are above ground, and can be ‘walked into’ by personnel, and includes the site to the property boundary.
Network facilities house telecommunications equipment that facilitate voice and data transmission. They also house other supporting plant and equipment.
Network facilities may commonly contain towers.
There are various types of network facilities owned by Telstra, ranging from multi-storey buildings to small huts. These include:
- Major "strategic" facilities that are located in metropolitan areas.
- "Local area switch" (LAS) facilities in metro or regional centres.
- "Small country automatic exchanges" (SCAX) that are contained in hut type buildings.
Other types include culvert style structures. Culvert style network sites are usually above ground concrete structures (buildings) located in remote parts of Australia and containing transmission equipment.
You are in: Personnel > Personnel
Personnel
Personnel authorised to enter network facilities are those who:
- Have completed all required training, including First Aid, Confined Spaces etc. as required by legislation or contract conditions and any site specific induction requirements.
- Have a legitimate business need to enter the network facility.
Note: Completion of this course is prerequisite for commencing the access process.
If there is a need for any site specific induction, you will be contacted by the Contract Manager or the Telstra Interface person to make the necessary arrangements.
Access equipment
In addition, authorised personnel must ensure they have the minimum access equipment required to enter a network facility. This is:
- An electronic access card system ("EACS") or controlled entry key as applicable.
- Photo identification.
EACS cards and keys must not be transferred for use by or shared with other personnel and returned at the end of use.
For a list of personnel you need to contact to gain entry into a network facility, contact the Contract Manager or the Telstra interface person for the area. Network Security Operations (NSO), a group within Telstra, provides the EACS cards and keys.
Occupying sites
Contractors must not occupy network facilities or areas or set up project offices unless prior approval has been obtained from the Property Facility Manager.
You are in: Personnel > Responsibilities