WHS Act 2011 Flashcards
Section 14 Duties not transferrable
A duty cannot be transferred to another person.
Section 15 Persons may have more than one duty.
A person can have more than one duty.
Section 16 More than one person can have a duty.
More than one person can have the same duty at the same time.
Section 17 Management of risk.
A duty imposed on a person to ensure health and safety requires the person-
* To eliminate risk to health and safety, so far as reasonably practicable.
* if it is not reasonably practicable to eliminate the risk to health and safety, to minimise those risk so far as reasonably practicable.
Section 18 What is reasonably practical.
What is reasonably able to be done in ensuring health and safety, considering all relevant matters Including.
* Likelihood of the hazard or the risk
* Degree of harm that may result from the hazard or risk.
* Ways of eliminating or minimising risk.
* The availability of ways to eliminate or minimise
Section 19 Primary duty of care.
A PCBU must ensure so far as reasonably practical the health and safety of
* Workers engaged.
* Workers whose activities in carrying out work are influenced or directed by the person, while the workers are at work in the business or undertaking.
The PCBU must ensure so far as reasonably practical that the health and safety of other persons is not put at risk from the work being carried out by the PCBU.
The PCBU must ensure,
* The provision and maintenance of a work environment without risk to health and safety.
* The provision of safe plant and structures.
* The provision and maintenance of safe systems of work.
* The safe use, handling and storage of plant.
* The provision of any information, training, or supervision that is necessary to protect all persons from the risk to their health and safety.
* That the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury.
Section 27 Duties of officers.
An officer of the person conducting must exercise Due Diligence to endure that the PCBU complies with that duty or obligation.
Due Diligence includes taking reasonable steps to.
* Acquire and keep up to date knowledge on WHS matters.
* Understand the nature of the operations and the risk associated with those operations.
* Ensure the PCBU has appropriate resources and processes to eliminate the risk to health and safety.
* Has and implements processes for complying with any duty or obligation of the PCBU under this Act.
Section 28 Duties of workers.
While at work a worker must.
* Take reasonable care for his or her own risk to health and safety.
* Take reasonable care that his or her actions do not adversely affect the health and safety of other persons.
* Comply with any reasonable instruction by the PCBU to allow the person to comply with this Act.
* Co-operate with any reasonable policy or procedure relating to health and safety.
Section 35 What is a notifiable incident.
- A death of a person.
- A serious injury or illness.
- A dangerous incident.
Section 36 What is a series injury or illness.
- Immediate treatment as an inpatient in hospital.
- Immediate treatment for.
- Amputation.
- Serious head injury.
- Serious eye injury.
- Serious burn.
- Separation of skin from underlying tissue (degloving/scalping).
- Spinal injury.
- Loss of bodily function.
- Medical treatment within 48hrs exposure to a substance.
- Fracture to a bone (other than hand or foot).
Section 37 What is a Dangerous Incident.
An incident that exposes a worker or any other person to a risk from immediate or imminent expose to.
* Collision of mobile plant.
* Contact with HV power over 1200v.
* Collapse of a structure.
* Collapse of an excavation.
* Collapse, overturning of plant to be authorised.
* Uncontrolled escape of a substance.
* Uncontrolled escape of a pressurised substance.
* Uncontrolled escape of gas or steam.
* Uncontrolled fire or explosion.
* Unintended movement or failure to stop of vehicles or machinery.
* Fall from height.
* Fly Rock outside the BEZ.
* Failure of slope stability control measures.
* Spon com.
* Subsidence.
* Overturning of plant over 1000kg.
* Loss of control of heavy machinery including brakes and steering.
* Inrush of water in underground tunnel.
* Electric shock to a person.
Section 38 Duty to notify of a Notifiable Incident.
- Operator must ensure the regulator is notified immediately after becoming aware a notifiable incident has occurred.
- PCBU must ensure the regulator is notified immediately after becoming aware a notifiable incident has occurred.
- The notice must be given by the fastest possible means, by telephone or writing.
A person giving details must. - Give details of the incident as requested by the regulator.
- If requested by the regulator give written notice within 48hours of the requirement being made. A written notice must be a form or contain details approved by the regulator.
- A PCBU must keep record of each notifiable incident for at least 5 years from the date of the incident notification.
Section 39 Duty to preserve Incident sites.
Notifiable incident sites must not be disturbed until the inspector arrives or inspector directs.
An incident site includes any plant, substance, structure or thing associated with a notifiable incident. This does not prevent the following.
* Assist an injured person.
* Remove a deceased person.
* Essential to make the site safe.
* Police investigation.
* Regulator has given permission.
Section 46 Duty to consult with other duty holders.
If more than one person has a duty in relation to the same matter under this Act, each person with the duty must so far as reasonably practical, consult, co-ordinate activities with all other persons who have a duty in relation to the same matter.
Section 47 Duty to consult workers
The PCBU must so far as reasonably practical, consult with workers who carry out work for the PCBU who are likely to be directly affected by a matter relating to work health and safety.
