Business SA
South Australia
Model Work Health and Safety Codes of Practice - Public Comment Response Form
1) First Aid in the WorkplaceComments due by Friday, 18 November 2011
Comments: (Please include section/page numbers).
· It is disappointing that after all the comments provided to SafeWork Australia (SWA) throughout the consultation of Regulations and Priority Codes of Practice (CoP) that the following consistent industry messages have not been appropriately considered:
o Consistently SWA state that a CoP are to be practical guidance however the CoP’s continue to be large, complex documents with mandatory statements.
o Inconsistency in language words such as “must” being used in situations where there is NOT a mandatory action. “Must” should be replaced with “May” in all non mandatory references.
o Mandatory references should be consistently referenced in highlighted boxes, for easy identification.
o CoP’s should be concise and relevant to the industry sector, providing the duty holders with practical ways compliance can be achieved.
o Industry has and continues to constantly ask SWA for industry specific guidance material, simple easy to read and understand that is also easy to acquire ( i.e. clean web site presence).
o CoP’s should be limited to Work Health and Safety matters.
o It would be in the best interest for clarity if CoP’s were able stand alone, without multiple complicated references to other CoP.
· First Aid facilities should be changed to first aid resources throughout the document, apart from physical facilities such as first aid rooms; confusion is created with interchangeable words and inconsistent language.
· Therapeutic Goods Administration (TGA) provides assurance that a first aid kit sold contains only medical devices that are approved by the TGA. Allocating a TGA number as is South Australia’s current practice would be beneficial, requiring this TGA number to be marked onto all kits providing easy identification for workplaces in ensuring that they have First Aid kits complying with the required standard.
FOREWORD 3
“An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under the WHS Act and the Work Health and Safety Regulations (the WHS Regulations).”
· As a practical guide greater consideration must be given to the language used, within this code the word “must” is used approximately 19 times, this also includes the following:
“The words ‘must’, ‘requires’ or ‘mandatory’ indicate that a legal requirement exists and must be complied with.”
· It would seem that while CoP are acknowledged as Practical guides the use of “must” 19 times implies a level of legislative requirement beyond that of “practical guides” and is missing the intended purpose of practical guidance for business.
2.1 The nature of the work and workplace hazards 6
· These workplaces will therefore require different first aid (resources) facilities - facilities should be replaced with the word RESOURCES this better reflects what is to be provided, facilities implies physical spaces.
· Table 1 – should read (Hazardous) Manual Tasks NOT Manual tasks for consistency with harmonised Regulations.
2.2 Size and location of the workplace 6
· “First aid (resources) facilities should be located at convenient points and in areas where there is significant risk of an injury or illness occurring.” – replace facilities with resources.
· “the workplace has more than one floor level” – to be removed implies that every floor of a building needs facilities however if facilities is changed to resources provision of a first aid kit is required.
· “You should provide portable first aid kits for mobile workers. ( removal recommended as first aid resources should be available for all workers) Additional first aid considerations may be necessary for workers in remote or isolated areas. For example, where access is difficult due to poor roads or weather conditions, arrangements may need to include aerial evacuation.” - This should be removed as it is at the discretion and experience of the emergency services called to assist to determine arrangements. This paragraph does not provide any additional information or value and should be removed in entirety.
2.3 The number and composition of workers and other people 7
· “When considering the size of your workforce" the use of “your” and “you” implies employer is the sole responsibility, where is reference to PCBU, this is not consistent language with harmonised Act and Regulations and should be amended accordingly. A search of this CoP will identify a number of other inconsistent uses of terminology.
· “First aid facilities and first aiders must be accessible to workers whenever they work. This includes ensuring first aid facilities are available for workers working night shifts or overtime. The number of people working overtime is often less than a regular shift, but additional hours of work heighten fatigue which may increase the risk of incidents and injuries.” - This does not add value and is repeated elsewhere in CoP so can be removed.
3. FIRST AID EQUIPMENT, FACILITIES and services 8
· Business SA questions the reason for defining Low and High risk workplaces in this section. All injuries are required to be treated with the same vigour, and all have potential serious consequences.
· “workers are not exposed to hazards that could result in serious injury or illness that would require immediate medical treatment, and” What is there a definition for serious injury or illness?
· “High risk workplace means a workplace where workers may be exposed to hazards that could result in serious injury or illness and would require immediate medical treatment, such as those associated with plant, hazardous chemicals, confined spaces and hazardous manual tasks (this will capture ALL workplaces). High risk workplaces include manufacturing plants, construction sites, kitchens (kitchens should be removed as it encompasses ALL cafes, hotels etc), motor vehicle and body panel workshops, medical research facilities and forestry operations.”
3.1 First aid kits 8
Contents
· “The contents of first aid kits should be based on a risk assessment. For example, there may be higher risk of eye injuries and a need for additional eye pads (this would be more appropriate as (additional first aid resources particular to risks) in a workplace where:”
· chemical liquids or powders are handled in open containers
· spraying, hosing, compressed air or abrasive blasting operations are carried out
· there is any possibility of flying particles
· there is a possibility of splashing or spraying of infectious materials, and
· welding, cutting or machining operations are conducted. - It is difficult to see the benefit of this example, the use of eye pads as being needed in addition to other first aid requirements is confusing as eye pads may not be the answer.
Design of kits
· “First aid kits can be any size, shape or type to suit your workplace, but each kit should be large enough to contain all the necessary items. Kits should also contain a list of the contents for that kit and have a white cross on green background that is prominently displayed on the outside. First aid kits should also be portable and be made of material that will protect the contents from dust, moisture and contamination.”
o While the International sign for First Aid is green and white, appreciation and acknowledgement of the importance of the International Red Cross and the Red and White is encouraged.
3.4 First aid facilities 9
First Aid Rooms
· “a portable stretcher, and” In developing the South Australian First Aid CoP, First Aid training providers highlighted that the National course does not cover how to move someone using a portable stretcher and that in many instances it was better to make the person comfortable where they lay until the ambulance arrived ensuring professional moving so as to avoid any further injury – this must be considered with the removal of the requirement of First Aid rooms to have portable stretchers.
· “A first aid room and equipment should be the responsibility of a trained first aider” – occupational First Aid courses are the only courses covering management of a First Aid room, this will impose additional burden on business and industry.
3.6 First aid procedures (Plan) 13
· It would be more appropriate to rename this “First Aid Plan” in reading this section it is not a procedure, rather consideration in planning first aid provisions:
· “type of first aid kits in your workplace and the where they are located” as this is not a procedure rather understanding an approach to providing First Aid
· “how to report injuries and illnesses that may occur in the workplace. These procedures should contain arrangements for recording and storing details of first aid treatment” the line through section should be deleted there is no additional benefit
Procedures and plans for managing an emergency
· You may incorporate your first aid procedures into your emergency planning procedures.
· Emergency procedures should specify the role of first aiders according to their level of qualification and competence. In particular, first aiders should be instructed not to exceed their training and expertise in first aid. Other staff, including supervisors, should be instructed not to direct first aiders to exceed their first aid training and expertise. For example, if the first aider has not trained to operate an automated external defibrillator, the plan should not require this person to perform this task - - This should all be deleted the basic requirement is to provide first aid, in training First Aiders are trained only to deliver according to their training. It is unclear what additional value this paragraph adds.
4. REVIEWING YOUR first aid REQUIREMENTS 15
· “If the way work is performed is changed or new work practices introduced, (review first aid) against a risk assessment (to) ensure the arrangements are still adequate.” – Introduction of a risk assessment in this process is not always needed however a review may be required.
· “Do workers have access to first (aid) aiders at all times?” – Access at all times is very subjective and this should be access to first aid?
APPENDIX B – Example of contents for first aid kits 17
· “Safety pins (packet of 12)” the number of safety pins in the pack is not relevant.
The remote module
· “Cervical collar (for spinal/neck injuries)” – the use of a cervical collar is not part of the first aiders training requirements and fitting a cervical collar to an injured worker may cause additional injury, this is also creating the need for specialised training.
APPENDIX C – Standard precautions for infection control 19
Needles and syringes
· “The materials, design, construction, colour and markings of sharps containers should comply with (relevant standard according to suppliers/manufacturers information):”
· AS 4031-1992 – Non-reusable containers for the collection of sharp medical items used in health care areas, or
· AS/NZS 4261-1994 – Reusable containers for the collection of sharp items used in human and animal medical applications
· By adding relevant standard according to suppliers/manufacturers information, you do not need standards mentioned as buying from a medical supplier is meant to ensure Australian Standards are met
Impacts: Do you anticipate any potential costs or safety benefits of complying with this code that are different to current requirements in your jurisdiction? If so what are they?
2) Managing Risks in Construction Work
Comments due by Friday, 18 November 2011
Comments: (Please include section/page numbers).
· It is disappointing that after all the comments provided to SafeWork Australia (SWA) throughout the consultation of Regulations and Priority Codes of Practice (CoP) that the following consistent industry messages have not been appropriately considered:
o Consistently SWA state that a CoP is to be practical guidance however the CoP’s continue to be large, complex documents with mandatory statements.
o Inconsistency in language words such as “must” being used in situations where there is NOT a mandatory action. “Must” should be replaced with “May” in all non mandatory references.
o Mandatory references should be consistently referenced in highlighted boxes, for easy identification.
o CoP’s should be concise and relevant to the industry sector, providing the duty holders with practical ways compliance can be achieved.
o Industry has and continues to constantly ask SWA for industry specific guidance material, simple easy to read and understand that is also easy to acquire (a clean web site presence).
o CoP’s should be limited to Work Health and Safety matters.
o It would be in the best interest for clarity if CoP’s were able stand alone, without multiple complicated references to other CoP.
· This Code of Practice (CoP) does not provide good industry practical examples and should be LIMITED to the regulations specific to construction.
· Industry requires specific guidance material that is easy to read, find and understand not a 70+ page CoP.
· This Code of Practice tries to cover all aspects of construction work. Aspects such as falls safety, facilities and electrical work are covered by their own CoPs so do not need to be detailed in this code, simple references would suffice.
FOREWORD 4
“An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under the WHS Act and the Work Health and Safety Regulations (the WHS Regulations).”
· As a practical guide greater consideration must be given to the language used, within this code the word “must” is used approximately 175 times, this also includes the following:
“The words ‘must’, ‘requires’ or ‘mandatory’ indicate that a legal requirement exists and must be complied with.”
· It would seem that while CoP are acknowledged as Practical guides with the use of “must” 175 times the level of legislative requirement of “practical guides” is missing the intended purpose of practical guidance.
1.1 What is construction work? 5
Construction work includes:
· This definition is too broad; capturing minor landscaping, irrigation and the likes will impose unnecessary compliance and constraint on these sectors and deliver quite different services from mainstream construction works.
What is a structure: