101 ACCI
TABLE OF CONTENTS
ABOUT ACCI / 31.1 Who We Are / 3
1.2 What We Do / 3
ACCI COMMENT ON THE CODES OF PRACTICE & Guides / 6
Cranes / 6
Amusement Devices / 22
Industrial Lift Trucks / 28
Managing Risks of Plant in Rural Workplaces / 35
Managing Security Risks in the Cash in Transit Industry / 44
Managing Risks in Forestry Operations / 49
Guide for Tunnelling / 61
Guide for Managing Risks in Cable Logging / 64
About ACCI
1.1 Who We Are
The Australian Chamber of Commerce and Industry (ACCI) speak on behalf of Australian business at a national and international level.
Australia’s largest and most representative business advocate, ACCI develops and advocates policies that are in the best interests of the Australian economy and community, as well as for Australian business,
We achieve this through the collaborative action of our national member network comprising:
§ All state and territory chambers of commerce
§ 28 national industry associations
§ Bilateral and multilateral business organisations
In this way, ACCI provides leadership for more than 350,000 businesses that:
§ Operate in all industry sectors
§ Include small, medium and large businesses
§ Are located throughout metropolitan and regional Australia
1.2 What We Do
ACCI takes a leading role in advocating the views of Australian business to public policy decision makers and influencers including:
§ Federal Government Ministers & Shadow Ministers
§ Federal Parliamentarians
§ Policy Advisors
§ Commonwealth Public Servants
§ Regulatory Authorities
§ Federal Government Agencies
Our objective is to ensure that the voice of Australian businesses is heard, whether from one of the top 100 Australian companies or a small sole trader.
Our specific activities include:
§ Representation and advocacy to Governments, parliaments, tribunals and policy makers both domestically and internationally
§ Business representation on a range of statutory and business boards and committees
§ Representing business in national forums including Fair Work Australia, Safe
Work Australia and many other bodies associated with economics, taxation,
sustainability, small business, superannuation, employment, education and
training, migration, trade, workplace relations and occupational health and
safety;
· Representing business in international and global forums including the
International Labour Organisation, International Organisation of Employers,
International Chamber of Commerce, Business and Industry Advisory
Committee to the Organisation for Economic Co-operation and Development,
Confederation of Asia-Pacific Chambers of Commerce and Industry and
Confederation of Asia-Pacific Employers;
· Research and policy development on issues concerning Australian business;
· The publication of leading business surveys and other information products;
and
· Providing forums for collective discussion amongst businesses on matters of law
and policy.
ACCI‘s submission is the result of extensive collaboration and involvement:
· Members are provided with the range of documents from SWA throughout the process. Member‘s views are invited on an ongoing basis to all documents. These views are incorporated and collated into an ACCI submission
· Members views are discussed and incorporated via email forums, teleconferences, specific meetings;
· Members views are discussed and incorporated via involvement in ACCI Occupational Health and Safety Working Party and NEOSHCF Forums; and
· ACCI Reference Groups on specific topics
· Written comments from our many members
· Ongoing discussions with key stakeholders.
It is important to note that SMEs constitute approximately 85% of the workplaces. With this in mind, the current Codes of Practice are still far too complex for small business. They need to be simple, user friendly and concise.
Within this submission on the Stage 4 Codes of Practice, ACCI‘s comments include:
· Codes and Guides should not go beyond legislative obligations and should not use prescriptive language except quote the specific clause.
· Use of mandatory language is prevalent in these codes. These mandatory requirements should only reflect the requirements specified in the legislation. All other requirements must be reflected as an optional course of action and provide appropriate guidance. ACCI recommend quoting the obligations in grey box with clause numbers, consistent with other SWA documents
· The Codes of Practice should encourage compliance. The purpose of the Code should be to provide guidance which enables duty holders to comply with their duties under the Act and Regulations
· Codes of practice must provide duty-holders with practical ways to comply not just repeat the regulations.
· Specific industry information would be far more useful and effective in guidance. Industry specific guides are recommended always wherever possible. Industry should be involved in the development of any such material.
· Requirements within WHS Codes of Practice should only relate to workplace health and safety matters.
· The language needs to be clear. The Codes frequently confuse mandatory actions with guidance.
· There is a difference between a regulatory obligation and advice to management and PCBUs.
It is ACCI‘s view that ‘ensure‘ should not be used without the qualifier ‘reasonably practicable‘. The use of term “so far as is reasonably practicable “should be applied through - out the guide.
· We would also discourage the use of the word ‘must‘ it should be replaced with ‘may' unless there is a mandatory obligation from the regulation. This should appear in the highlighted box. Both should be used consistently.
· If the qualifier is attached to the ‘must‘ in the regulations, this should also follow in the code of practice. The qualifier must be repeated to add clarity and avoid confusion.
Draft model WHS Codes of Practice and guidance - Public Comment Response Form
Complete and submit this form by 5p m AEST Friday 24 AUGUST 2012 to
1. CranesSection/page no. / Comment
1. Reference to Australian Standards
ACCI remains concerned about the inclusion of a wide range of standards in the Code of Practice/document. Where a definition or clause is absolutely necessary this should be included in the text of a document. Operators cannot be expected to purchase all potentially relevant standards- especially if many of them are only marginally relevant. In an industry specific guide a list could be contained in an appendix with clear instructions that there is no requirement to purchase nor to access all the listed Australian Standards.
It should also be noted that while there should be acceptance of Worldwide Standards; the Standard used must be the equivalent, or safer than that referenced by the appropriate Australian Standard. For example according to industry comments the level of safety provided by USA’s ANSI is less than that of Europe and the rest of the World.
2. Structure
Small concise guides on particular operations would be more useful than a large document. ACCI supports separating the document into two – one covering crane operation and one covering inspection, testing and maintenance or Mobile Cranes and Tower Cranes are sufficiently different to justify having separate documents.
FOREWORD 6 / Codes and Guides should not go beyond legislative obligations and should not use prescriptive language except to quote the specific clause. This particular document needs to be reviewed for both these issues.
Use of mandatory language is prevalent in this document. These mandatory requirements should only reflect the requirements specified in the legislation. All other requirements must be reflected as an optional course of action and provide appropriate guidance. The document frequently confuses mandatory actions with guidance.
ACCI recommend quoting the obligations in grey box with clause numbers, consistent with other SWA documents.
ACCI would also discourage the use of the word ‘must ‘it should be replaced with ‘may' unless there is a mandatory obligation from the regulation. Any mandatory requirements should appear in the highlighted box. Both should be used consistently.
“Should” implies an obligation and likewise should be replaced with ‘may' unless there is a mandatory obligation from the regulation
It is ACCI‘s view that ‘ensure ‘should not be used without the qualifier ‘reasonably practicable‘. The use of term “so far as is reasonably practicable “should be applied throughout the guide.
If the qualifier is attached to the ‘must’ in the regulations, this should also follow in any guidance. The qualifier must be repeated to add clarity and avoid confusion.
Specific industry information would be more useful and effective in guidance. The specific Industry should be involved in the development of any such material.
Hazards and risk are still used interchangeably and in some cases incorrectly. Document needs to be reviewed to ensure correct application.
There also needs to be specific mention of the possibility and application of generic risk assessment.
The proposed document is far too large and complex for small business. Any document needs to be simple, user friendly and concise.
SCOPE AND APPLICATION 6 / The term used in the industry is dogman/dogmen - this should replace the term dogger/s throughout the document.
It should also be noted that:
“Workers who operate certain types of cranes must have the corresponding high risk work licence”.
1. INTRODUCTION 7
1.1 What is a crane? 7
1.2 Who has health and safety duties in relation to cranes? 7 / 3rd Para
The allocation of responsibilities must be made clear.PCBU may be able to engage contractors and leave the discharge of obligations to their expertise a recent High Court decision recognised the level of expertise. The less the PCBU has expertise the more the responsibility of the expert.
For example:
It is not practical for a hirer to be jointly responsible for the management or control for the period hired. The hirer would not be expected to have the level of expertise nor understand all legal obligations for the management or control of the crane.
In many instances, the crane is on hourly hire and the hirer has no detailed knowledge of how the crane has been maintained or how it should be operated.
1.3 What is involved in managing risks associated with cranes? 8 / High risk work needs to be clarified and the specific practical application for this industry explained.
A good explanation of the difference between hazard and risk with examples should also assist.
2. MANAGING RISKS WITH CRANES IN THE WORKPLACE 9
2.1 Identifying hazards 9 / Eliminating the hazard needs to recognise that assembling components at ground level would in most cases increase the need to use a crane to move the assembled components into place due to their size and weight. The example should be deleted.
· Structural failure
Industry has commented that this can also occur if the crane is not maintained and inspected properly but that it is more likely to be a combination of overloading and a pre-existing structural fault.
Second line should read “… rope could suffer structural failure without warning.”
· crane overturning
“Deliberate overload” should also be inserted.
Also insert inconsistent compaction so sentence reads “poor ground conditions such as unstable ground or inconsistent compaction”.
And insert “failure to use appropriate outrigger pads”.
How to identify hazards
It is not practical for a casual hirer to consult with the owner about potential hazards. Any consultation must acknowledge the expertise to ensure the crane is without risk to health and safety; the hirer would have to know every detail of the crane from an operational point of view as well as its service and maintenance history as well as the competency of the operator and his training. For a casual lift of minimal time duration, the hirer would have to spend a week complying for each lift and subsequent lifts to ensure everything is in compliance.
A good explanation of the difference between hazard and risk with examples should assist.
2.2 Assessing the risks 10
2.3 Controlling risks 10
2.4 Maintaining and reviewing risk control measures 11 / “high risk plant” as defined in the regulations does not specify “cranes” to avoid confusion this term should not be used.
As weather conditions can affect the safe operation of cranes add an additional dot point “considering the weather conditions”
The circumstances in which an HSR can request a review need to be listed here
R. 38: A person conducting a business or undertaking must review and as necessary revise control measures:
· if a health and safety representative requests a review
3. BEFORE USING CRANES IN THE WORKPLACE 13
3.1 Planning the work 13 / Planning the work
Competencies remain an issue both for how PCBU is to satisfy themselves of the competencies of contractors, and what competencies are required. Clear explanation on the interface with existing licensing systems is also needed.
There is currently no reference to the operators licensing or competency to operate the crane.
The condition of the crane should also be mentioned i.e. has it been inspected recently, has it had a major inspection, is the crane in a safe condition? How are these items checked?
Second-hand cranes
Jurisdictions currently allow series design approval. This practice has produced a number of non-complying cranes operating in Australia and is of concern to the industry.
It should also be noted that while there should be acceptance of Worldwide Standards; the Standard used must be the equivalent, or safer than that referenced by the appropriate Australian Standard
The age and maintenance of cranes should be noted and requirements for inspections including the need for a Major Inspection (if/when applicable)
It should be noted that the supplier has the service history.
ALL information should be in English to ensure information is passed on and understood by jurisdictions, or potential buyers and operators.
3.2 Selecting a crane 14
3.3 Hiring cranes 14 / It is not practical for a casual hirer to consult with the owner about potential hazards. It is not practical for a hirer to be jointly responsible for the management or control for the period hired. The hirer would not be expected to have the level of expertise nor understand all legal obligations for the management or control of the crane. In many instances, the crane is on hourly hire and the hirer has no detailed knowledge of how the crane has been maintained or how it should be operated. This needs to be made very clear
It is not practicable for hirers who want a truck unloaded or very minor lifting jobs that are less than one hour duration.