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ABSOLUTE Education Pty Ltd T/as AAA Abacus Owner Builder Online
CPCCOHS1001A Work Safely in the Construction Industry (white card) course material
ABSOLUTE Education Pty. Ltd.

CPCCOHS1001A
Work Safely in the Construction Industry
(White Card) Course Material
ABSOLUTE Education Pty Ltd

T/as AAA Abacas Owner Builder Online
ADDRESS:
PO Box 510
FORESTVILLE NSW 2087
PHONE: 1800 427 407
FAX: 02 6526 2172
WEB: www.abed.com.au
Copyright- ABSOLUTE Education Pty Ltd

www.abed.com.au 1800 427 407
Contents
INTRODUCTION ....................................................................................................... 7
NATIONALLY UNIFORM LAWS ................................................................................. 7
PURPOSE OF THE WHS ACT ..................................................................................... 7
WHO IS COVERED BY THE WHS ACT?....................................................................... 8
WHAT THE ACT WILL NOT APPLY TO ....................................................................... 8
WHS REGULATION AND CODES OF PRACTICE .......................................................... 8
WHS REGULATION ................................................................................................. 9
CODES OF PRACTICE ............................................................................................... 9
DEFINITIONS .......................................................................................................... 9
SECTION 1: REASONABLY PRACTICABLE ............................................................... 11
QLD LEGISLATION ................................................................................................ 11
DUTY OF CARE .................................................................................................... 11
WORK HEALTH AND SAFETY DUTIES ..................................................................... 12
GENERAL PRINCIPLES ............................................................................................ 12
QLD WORKPLACE HEALTH & SAFETY ACT .................................................................... 12
CODES OF PRACTICE ............................................................................................. 12
SHARED DUTIES .................................................................................................. 13
DUTIES OF A PCBU .............................................................................................. 13
Primary duty of care...................................................................................... 13
General Duties ............................................................................................. 13
Duty to Consult ............................................................................................ 14
APPOINTMENT OF WH&S OFFICER............................................................................. 14
Duty of Officers ............................................................................................ 14
Duty of Workers ........................................................................................... 15
NUMBER OF EMPLOYEES ......................................................................................... 15
Duties of other persons at the workplace ......................................................... 15
Further duties of upstream PCBUs ................................................................... 15
Incident notification ...................................................................................... 17
Other Notifications ........................................................................................ 18
LICENSED WORK ................................................................................................. 19
CONSULTATION WITH WORKERS AND REPRESENTATION OF WORKERS ............... 19
CONSULTATION, COOPERATION AND COORDINATION ........................................................ 19
MINISTERIAL NOTICES ........................................................................................... 20
APPOINTMENT OF A PRINCIPAL.................................................................................. 20
WHO IS IN CONTROL? ........................................................................................... 23
PRESCRIBED OCCUPATIONS ..................................................................................... 23
WHO IS A WORKER? ............................................................................................. 23
WHO IS AN EMPLOYER?.......................................................................................... 23
VOLUNTEERS ...................................................................................................... 24
WHO IS A SELF-EMPLOYED PERSON?.......................................................................... 25
CONSTRUCTION WORK .......................................................................................... 25
OH&S LEGISLATION .............................................................................................. 26
WORKPLACE HEALTH AND SAFETY OFFICER .......................................................... 27
HEALTH AND SAFETY REPRESENTATIVES ...................................................................... 27
2

Workgroups ................................................................................................. 27
Powers and functions .................................................................................... 27
Election and eligibility .................................................................................... 28
Training ....................................................................................................... 29
Provisional improvement notices ..................................................................... 29
Direct workers to cease unsafe work ............................................................... 30
Health and safety committees ........................................................................ 30
Right to cease unsafe work ............................................................................ 30
Issue Resolution ........................................................................................... 31
Discriminatory, coercive or misleading conduct ................................................. 31
ENTRY PERMIT HOLDERS ........................................................................................ 32
Suspected contraventions .............................................................................. 32
Consulting workers ....................................................................................... 33
Disputes ...................................................................................................... 33
Revoking a permit ......................................................................................... 33
THE REGULATOR, INSPECTORS AND ENFORCEMENT ............................................................. 33
Role of the regulator ..................................................................................... 33
Power of the regulator to require documents and information ............................. 34
Functions and powers of inspectors ................................................................. 34
Powers of entry ............................................................................................ 35
Search Warrants ........................................................................................... 35
ENFORCEMENT MEASURES....................................................................................... 36
Improvement Notices .................................................................................... 36
Prohibition Notices ........................................................................................ 36
Non-disturbance Notices ................................................................................ 36
Injunctions................................................................................................... 37
Infringement Notices ..................................................................................... 37
Remedial Action ............................................................................................ 37
Enforceable undertakings ............................................................................... 37
Review of decisions ....................................................................................... 38
OFFENCES AND PENALTIES ................................................................................... 39
HEALTH AND SAFETY DUTY OFFENCES ......................................................................... 40
Procedure if prosecution is not brought ............................................................ 40
Penalties for breach of health and safety duty offences ...................................... 41
Alternative penalty options ............................................................................. 41
OTHER OFFENCES ................................................................................................. 42
Offences in relation to incident notification ....................................................... 42
Offences in relation to authorisations .............................................................. 42
Offences in relation to consultation ................................................................. 42
Offences in relation to the establishment of work groups ................................... 42
Offences in relation to health and safety representatives ................................... 43
Offences in relation to health and safety committees ......................................... 43
Offences in relation to discriminatory, coercive or misleading conduct ................. 43
Offences in relation to WHS entry permit holders .............................................. 44
Offences in relation to the regulator and inspectors ........................................... 45
SAFETY DATA SHEET (SDS) ..................................... ERROR! BOOKMARK NOT DEFINED.
SAFE WORK METHOD STATEMENT (SWMS) ............................................................ 45
SAFETY DATA SHEET (SDS) ................................................................................... 46
LABELLING AND DECANTING ............................................ ERROR! BOOKMARK NOT DEFINED.
SECTION 2: CONSTRUCTION HAZARDS AND CONTROL MEASURESERROR! BOOKMARK NOT DEFIN

WHAT IS A HAZARD? ............................................................................................. 50
HAZARD IDENTIFICATION ..................................................................................... 51
HIGH RISK ACTIVITIES ......................................................................................... 51
3

CATEGORIZING HAZARDS...................................................................................... 52
RISK MANAGEMENT PROCESS ............................................................................... 52
RISK MANAGEMENT TECHNIQUES ......................................................................... 53
RISK PROBABILITY CHART .................................................................................... 56
RISK PROBABILITY AND FREQUENCY .................................................................... 56
HIERARCHY OF CONTROL MEASURES .................................................................... 57
TYPES OF CONTROL MEASURES ............................................................................. 58
POTENTIAL CONSEQUENCES .................................................................................. 58
TYPES OF RISK ASSESSMENT ................................................................................ 58
SOURCES OF HAZARDS .......................................................................................... 59
WHAT IS RISK? ..................................................................................................... 59
RISK ASSESSMENT & CONTROL ............................................................................. 60
PROTECTION FROM FALLING OBJECTS .................................................................. 60
DEMOLITION WORK .............................................................................................. 61
ASBESTOS REMOVAL ............................................................................................. 61
FALL FROM HEIGHTS ............................................................................................. 62
SAFE WORK METHOD STATEMENTS ....................................................................... 63
CHANGE IN ACTIVITY ............................................................................................ 63
SWMS UPDATE ......................................................... ERROR! BOOKMARK NOT DEFINED.
SWMS MONITORING .............................................................................................. 63
SWMS NOT REQUIRED ........................................................................................... 64
PERIMETER FENCING............................................................................................. 65
AMENITIES ............................................................................................................ 65
DANGEROUS GOODS .............................................................................................. 65
MSDS (SDS) ........................................................................................................... 66
UNKNOWN SUBSTANCES/UNLABELLED CONTAINERS ........................................... 66
EXPOSURE TO HAZARDOUS SUBSTANCES .............................................................. 66
HAZARDOUS SUBSTANCES ..................................................................................... 68
CONFINED SPACES ................................................................................................ 68
PLANT & EQUIPMENT ............................................................................................ 69
4

NOISE .................................................................................................................... 69
PERSONAL HEARING PROTECTION ........................................................................ 70
COMMON GASES .................................................................................................... 70
ELEVATED WORK PLATFORMS ............................................................................... 71
SCAFFOLDING........................................................................................................ 71
LADDERS ............................................................................................................... 71
SECTION 3: OHS COMMUNICATION AND REPORTING PROCESSES ......................... 72
CONSTRUCTION SAFETY PLANS ............................................................................. 73
AUTHORISATIONS ................................................................................................. 73
Workplaces .................................................................................................. 74
Plant ........................................................................................................... 74
Work ........................................................................................................... 75
Prescribed qualifications and experience .......................................................... 75
RECORDING WORKPLACE INCIDENTS ................................................................... 76
WORKPLACE HEALTH & SAFETY OBLIGATIONS...................................................... 76
NOTIFIABLE INCIDENTS ........................................................................................ 77
GENERAL INDUCTION TRAINING ........................................................................... 78
WH&S INSPECTORS ............................................................................................... 79
MANDATORY (MUST DO) SIGNS ............................................................................ 79
NON SERIOUS INCIDENTS ..................................................................................... 77
WARNING SIGNS ................................................................................................... 80
SERIOUS INJURY (ELECTRICAL) ............................................................................ 80
TRIP HAZARDS ...................................................................................................... 80
PROHIBITION (DO NOT) SIGNS ............................................................................ 81
SAFE WORK METHOD STATEMENTS (SWMS) .......................................................... 82
REPORTING HAZARDS ........................................................................................... 83
SECTION 4: OHS INCIDENT RESPONSE PROCEDURES ............................................ 83
CODES OF PRACTICE.............................................................................................. 83
FIRST AID PERSONNEL .......................................................................................... 85
FIRST AID SIGNS................................................................................................... 86
FIRST AID QUALIFICATIONS ................................................................................. 86
FIRST AID RECORDS .............................................................................................. 86
5

EMPLOYER RESPONSIBILITIES .............................................................................. 87

RECORD KEEPING .................................................................................................. 87
FIRE EXTINGUISHERS ........................................................................................... 88
ELEMENTS OF A FIRE ............................................................................................. 88
PERSONAL PROTECTIVE EQUIPMENT (PPE) ........................................................... 89
WORKING ALONE .................................................................................................. 89
PERSONAL PROTECTIVE EQUIPMENT (PPE) ............. ERROR! BOOKMARK NOT DEFINED.
GLOSSARY ............................................................... ERROR! BOOKMARK NOT DEFINED.

Introduction
This guide provides an overview of the Queensland Work Health and Safety Act 2011
(WHS Act). It is designed to help people understand their health and safety duties and
rights in the workplace. However it is not intended to be read in place of the WHS Act.
To assist readers, cross references to specific sections of the WHS Act are provided after
each heading.
It also provides information on:
The requirements for consultation between business operators, worker

representatives and workers;
The notification of incidents; enforcement procedures;
What constitutes an offense under the WHS Act and the range of penalties that
apply.
Nationally Uniform laws

Nationally uniform laws ensure all workers in Australia have the same standard of health
and safety protection, regardless of the work they do or where they work.
The laws replace existing work health and safety legislation in all states, territories and
the Commonwealth from 1 January 2012.
Nationally uniform work health and safety laws means greater certainty for employers
(particularly those operating across state borders) and, over time, reduced compliance
costs for business.
More consultation between employers, workers, and their representatives, along with
clearer responsibilities will make workplaces safer for everyone.
Purpose of the WHS Act (section 3)

The WHS Act provides a framework to protect the health, safety and welfare of all
workers at work and of all other people who might be affected by the work.
The WHS Act aims to:
Protect the health and safety of workers and other people by eliminating or
reducing workplace risks;
Ensure effective representation, consultation and cooperation to address health

and safety issues in the workplace;

Encourage unions and employers to take a constructive role in improving health

and safety practices;
Promote information, education and training on health and safety;
Provide effective compliance and enforcement measures;
Deliver continuous improvement and progressively higher standards of health and

safety.
Who is covered by the WHS Act?

Most workers in Australia are protected by nationally uniform work health and safety
laws. This includes employees, contractors, sub-contractors, outworkers, apprentices
and trainees, work experience students, volunteers and employers who perform work.
The WHS Act also provides protection for the general public so that their health and
safety is not placed at risk by work activities.
What the Act will not apply to?

The Act will not apply to the following:
Coal mining (Coal Mining Safety and Health Act 1999);
Metalliferous mining (Mining and Quarrying Safety and Health Act 1999);
Operating plant under the Petroleum and Gas (Production and Safety) Act 2004;
A facility or plant used for geothermal exploration under the Geothermal

Exploration Act 2004;
Where the Electrical Safety Act 2002 applies.
In addition the Act operates simultaneously with, but does not limit the operation of the
following legislation:
Explosives Act 1999;
Public Safety Preservation Act 1986;
Radiation Safety Act 1999;
Transport Operations (Marine Safety) Act 1994 (Qld), Occupational Health and
Safety (Maritime Industry) Act 1993 (Cth), Navigation Act 1912 (Cth) and the
Navigation (Orders) Regulation 1980 (Cth);
Transport Operations (Road Use Management) Act 1995.
WHS Regulation and Codes of Practice

(Sections 274-276)
The Queensland Workplace Health & Safety legislation includes:
8

The Work Health and Safety Act 2011;
The Work Health and Safety Regulation 2011;
Codes of Practice;
Ministerial Practices.
People with duties under the WHS Act should also refer to the Work Health and Safety
Regulation 2011 (WHS Regulation) and Codes of Practice.
WHS Regulation
The WHS Regulation specifies the way in which a duty under the WHS Act must be
performed and prescribes procedural or administrative matters to support the WHS Act
(e. g. requiring licenses for specific activities and the keeping of records).
Codes of Practice
Codes of Practice provide practical guidance on how to meet the standards set out in the
WHS Act and the WHS Regulation. Codes of Practice can be used as evidence in legal
proceedings to provide information on how a hazard or risk can be controlled or managed
and to determine what was reasonably practicable in the circumstances discussed. They
can also be referred to by an inspector when issuing an improvement or prohibition
notice.
However, Codes of Practice are not mandatory and a duty holder may choose to use
some other way to achieve compliance. Compliance with the WHS Act and the WHS
Regulation may be achieved by following a method that is not set out in the Code of
Practice. However, this other method must provide an equivalent or higher standard of
work health and safety than suggested by the Code of Practice.
Definitions (section 18)

The following terms are used throughout this guide:
Health and safety committee (HSC) a group including workers, HSRs and PCBUs
(see definition below) that facilitates cooperation between a PCBU and workers to provide
a safe place of work.
Health and safety representative (HSR) a worker who has been elected by a work
group to represent them on health and safety issues.
Officer an officer within the meaning of section 9 of the Corporations Act 2001 (Cth)
other than a partner in a partnership. Broadly, an officer is a person who makes, or
participates in making, decisions that affect the whole, or a substantial part, of the
9

organisations activities. An elected member of a municipal council acting in that capacity

is not an officer of the municipal council. Similarly, a minister of a state, territory or the
Commonwealth is not an officer of a responsible agency of the state, territory or
Commonwealth.
An officer can also be an officer of the Crown or a public authority if they are a person
who makes, or participates in making, decisions that affect the whole, or a substantial
part, of the business or undertaking of the Crown or public authority.
Person conducting a business or undertaking (PCBU) a person conducting a
business or undertaking alone or with others, whether or not for profit or gain. A PCBU
can be a sole trader (for example a self- employed person), a partnership, company,
unincorporated association or government department of public authority (including a
municipal council). An elected member of a municipal council acting in that capacity is
not a PCBU.
Person with management or control a PCBU with management or control over the
workplace.
Plant any machinery, equipment, appliance, container, implement or tool.
Structure anything that is constructed, whether fixed or moveable, temporary or
permanent and includes buildings, masts, towers, framework, pipelines, transport
infrastructure and underground works (shafts or tunnels).
Substance any natural or artificial substance in the form of a solid, liquid, gas or
vapour.
Supply supply and re-supply of a thing provided by way of sale, exchange, lease, hire
or hire purchase arrangement.
Volunteer a person who acts on a voluntary basis regardless of whether they receive
out of pocket expenses.
Worker employees, contractors, subcontractors, outworkers, apprentices and trainees,
work experience students, volunteers and PCBUs who are individuals if they perform
work for the business.
Work group a group of workers who share similar work conditions (e. g. all the
electricians in a factory; all people on night shift; all people who work in the loading bay
of a retail storage facility).
10

Workplace any place where work is carried out for a business or undertaking. This
may include offices, factories, shops, construction sites, vehicles, ships, aircraft or other
mobile structures on land or water such as offshore units and platforms.
Section 1: Reasonably practicable (section 18)

QLD Legislation
The guiding principle of the WHS Act is that all people are given the highest level of
health and safety protection from hazards arising from work, so far as is reasonably
practicable.
The term reasonably practicable means what could reasonably be done at a particular
time to ensure health and safety measures were in place.
In determining what is reasonably practicable, there is a requirement to weigh up all
relevant matters including;
The likelihood of a hazard or risk occurring (i. e. the probability of a person being
exposed to harm);
The degree of harm that would result if the hazard or risk occurred the potential
seriousness of injury or harm);
What the person concerned knows, or ought to reasonably know, about the
hazard or risk and ways of eliminating or minimizing it;
The availability of suitable ways to eliminate or minimize the hazard or risk;
The cost of eliminating or minimizing the hazard or risk.
Ordinarily, cost will not be the key factor in determining what it is reasonable for a duty
holder to do unless it can be shown to be grossly disproportionate to the risk. If the risk
is particularly severe, a PCBU will need to demonstrate that costly safety measures are
not reasonably practicable due to their expense and that other less costly measures could
also effectively minimize the risk.
Duty of Care
Duty of care requires everything reasonably practicable to be done to protect the health
and safety of others at the workplace.
This duty is placed on:
11
All Contractors/Principal Contractors/Employers;
Their employees/workers; and
Any others who have an influence on the hazards in a workplace.

Generally, a duty of care arises where one individual or group undertakes an activity
which could reasonably harm another, either physically, mentally, or economically.
Duty of care relates to ALL people that could be affected by someones actions or
inactions, including when at work.
To prove negligence a person must be able to prove that:
A duty of care was owed to them;
The duty was breached; and
The breach caused a detrimental effect to them, e. g. injury.
Work Health and Safety Duties

General Principles (Section 13-17)
QLD Workplace Health & Safety Act
The WHS Act outlines the general health and safety duties of PCBUs, officers of
companies, unincorporated associations, government departments and public authorities
(including local governments), workers and other people at a workplace, during work
activities and the use of plant and substances in Queensland. It seeks to protect your
health and safety and the health and safety of everyone at a workplace, while
undertaking work activities or using place and substances. This Act does not apply to
mines or land used for obtaining petroleum or used for geothermal exploration.
A workplace is any place where work is, or is to be performed by a worker or a person
conducting a business or undertaking. These general duties require the duty holder to
ensure health and safety, so far as is reasonably practicable, by eliminating risks to
health and safety. If this is not possible, risks must be minimized so far as is reasonably
practicable.
Codes of Practice
Codes of practice state ways to manage exposure to risks.
If a code of practice exists for a risk at your workplace, you must:
12
Do what the codes says; or
Adopt another way that identifies and manages exposure to the risk; and
Take reasonable precautions and exercise due care.

Shared Duties (Section 16)

A person may have more than one duty. For example, the working director of a
company has duties as an officer of the company and also as a worker.
More than one person may have the same duty. For example, each director on the Board
of Directors of a company will owe a duty. In such cases, all directors are each fully
responsible for that duty.
Duties of a PCBU
Primary duty of care (Section 19)
The WHS Act requires all PCBUs to ensure the health and safety of workers, so far as is
reasonably practicable. Workers include volunteers, contractors and contractors
workers.
PCBUs also have the same duty of care to any other people who may be at risk from
work carried out by the business.
A self-employed person must ensure his or her own health and safety while at work, so
far as is reasonably practicable.
General Duties (Sections 19-26)

The WHS Act sets out specific duties which a PCBU must comply with as part of their general duty so
far as is reasonably practicable. These include:
Providing and maintaining a working environment that is safe and without risks to
health, including the entering and exiting of the workplace;
Providing and maintaining plant, structure and systems of work that are safe and
do not pose health risks (e. g. providing effective guards on machines and
regulating the pace and frequency of work);
Ensuring the safe use, handling, storage and transport of plant, structure and
substances (e. g. toxic chemicals, dusts and fibres);
Providing adequate facilities for the welfare of workers at workplaces under their
management and control (e. g. washrooms, lockers and dining areas);
Providing workers with information, instruction, training or supervision needed for

them to work safely and without risks to their health;
Monitoring the health of their workers and the conditions of the workplace under
their management and control to prevent injury or illness;
Maintaining any accommodation owned or under their management and control to

ensure the health and safety of workers occupying the premises.
13

In addition, a PCBU with management or control of a workplace must ensure, so far as is

reasonably practicable, that the workplace, the means of entering and exiting the
workplace and anything arising from the workplace do not affect the health and safety of
any person.
PCBU who installs, erects or commissions plant or structures must also ensure all
workplace activity relating to the plant or structure including its decommissioning or
dismantling is without risks to health or safety.
Duty to Consult (Sections 46-49)

A PCBU has a duty to consult with workers and HSRs about matters that directly affect
them. This extends to consulting with contractors and their workers, employees of
labour hire companies, students on work experience, apprentices and trainees, as well as
with the PCBUs own employees and volunteer workers.
There may be a number of different duty holders involved in work (e. g. suppliers,
contractors and building owners). If more than one person in the workplace has a health
and safety duty they must consult all other people with the same duty. Each duty must
share information in a timely manner and cooperate to meet health and safety
obligations.
Appointment of WH&S Officer

Standards are similar to Codes of Practice in that they set a benchmark for how work
should be carried out and the quality for which that work should be met.
Duty of Officers (Section 27)

It is the duty of an officer of a PCBU to exercise due diligence to ensure the PCBU
complies with its health and safety duties and obligations. An officer may be charged
with an offence under the WHS Act independently of any breach of duty by the PCBU.
Due diligence includes personally taking reasonable steps to:
Acquire and keep current information on work health and safety matters;
Understand the nature and operations of the work and associated hazards and
risks;
Ensure the PCBU has, and uses, appropriate resources and processes to eliminate
or reduce risks to health safety;
Ensure the PCBU has appropriate processes to receive and consider information
about incidents, hazards and risks, and to respond in a timely manner;
Ensure the PCBU has, and implements, processes for complying with their duties
and obligations (e. g. reports notifiable incidents, consults with workers, complies
14

with notices, provides training and instruction and ensures HSRs receive training
entitlements).
Duty of Workers (Section 28)

While at work, workers are required to take reasonable care for their own health and
safety and that of others who may be affected by their actions or omissions. They must
also cooperate with any reasonable instruction given by the PCBU and any reasonable
policy or procedure of the PCBU to comply with the WHS Act and WHS Regulation.
Duties of other persons at the workplace (Section 29)

Any person at the workplace, including customers and visitors, must take reasonable
care of their own health and safety and that of others who may be affected by their
actions or omissions. They must also cooperate with any actions taken by the PCBU to
comply with the WHS Act and WHS Regulation.
Further duties of upstream PCBUs (designers, manufacturers,

importers and suppliers)
Designers, manufacturers, importers and suppliers of plant, structures or substances can

influence the safety of these products before they are used in the workplace. These
people have a responsibility, so far as is reasonably practicable, to ensure these products
are without risks to the health and safety of people who are at or near the workplace.
15

.
Duty holder
Duty to ensure health and
Duty to test
Duty to provide information
safety in the workplace
Designers of plant,
A PCBU who is a designer of a
A designer of the plant,
Information must be made available to
structures or
plant, structure or substance
structure or substance
those for whom the plant, structure or
substances (section
that is to be used, or could
must carry out tests and
substance was designed about its
22)
reasonably be expected to be
examinations sufficient
intended purpose, test results and any
used, at a workplace must
to ensure that when
conditions necessary to ensure that it is
ensure all workplace activity
used for its intended
safe and without risks to health or
relating to the plant, structure
purpose it is safe and
safety, when used for its intended
or substance, including its
without risks to health or purpose.
handling or construction,
safety.
storage, dismantling and

disposal is designed to be
without risks to health or
safety.
Duty holder

Manufacturers of plant, A PCBU who is a manufacturer
Duty to test
Manufacturers must carry
Information must be given to any
structures or
of any plant, structure or
out or arrange tests and
person who will use the plant,
substances (section 23)
substance which is
examinations sufficient to
structure or substance about the
manufactured to be used, or
ensure that the plant,
purpose for which it was
could reasonably be expected
structure or substance is
manufactured, test results and any
to be used, at a workplace
manufactured to be safe
conditions necessary to ensure that
must ensure all workplace
and without risks to health
when used for its intended purpose it
activity relating to the plant,
or safety when used for a
is safe and without risks to health or
structure or substance,
purpose for which it was
safety.
including its handling, storage
manufactured.
and disposal or dismantling is

safety when used for its
intended purpose.
Importers of plant,
A PCBU who is an importer of
Importers must carry out
Information must be given to any
substances or
any plant, substance or
or arrange tests and
structures
structure which is to be used,
examinations sufficient to
(section 24)
or could reasonably be
ensure that the imported
purpose for which it was imported,
expected to be used, at a
plant, structure or
test results and any conditions
workplace must ensure all
substance is safe and
necessary to ensure that when used
workplace activity relating to
for its intended purpose it is safe and
the plant, structure or
without risks to health or safety.
substance, including its
intended purpose.
handling, storage and disposal

or dismantling is without risks
Alternatively importers
to health or safety when used
must ensure that these
for its intended purpose.
tests and examinations

have been carried out.
16

.
Duty holder
Duty to test
Duties of suppliers of
A PCBU who is a supplier of
Suppliers must carry out or Information must be given to any
plant, substances or
any plant, substance or
arrange tests and
structures (section 25) structure that is to be used, or examinations sufficient to
could reasonably be expected
ensure that the supplied
purpose for which it was supplied, test
to be used, at a workplace
plant, structure or
results and any conditions necessary
must ensure all workplace
substance is safe and
to ensure that when used for its
activity relating to the plant,
intended purpose it is safe and
structure or substance,
without risks to health or safety.
including its handling, storage
intended purpose.
and disposal or dismantling is
Alternatively suppliers
must ensure that these
tests and examinations
intended purpose.
have been carried out.
Incident notification (Sections 35-39)
A PCBU must notify Workplace Health and Safety Queensland as soon as they become
aware of a death, or serious injury or illness that results in:
Immediate hospital as an in-patient;
Immediate medical treatment for injuries (e. g. amputation, scalping, a spinal

injury, loss of a bodily function or a serious laceration, burn, head or eye injury),
or;
Medical treatment within 48 hours of exposure to a substance.
A serious illness (regulation 669) is:
Any infection to which the carrying out of work is a significant contributing factor,
including any infection that is reliably attributable to carrying out work:
i.
ii.
iii.
iv.
with micro-organisms;
that involves providing treatment to a person;
that involves contact with human blood or body substances; or
involves handling or contact with animals, animal hides, skins, wool or
hair, animal carcasses or animal waste products.
The following occupational zones contracted in the course of work involving

handling or contact with animals, animal hides, skins, wool or hair, animal
carcasses or animal waste products:
i.
ii.
iii.
iv.
v.
vi.
vii.
17
Q fever;
Anthrax;
Leptospirosis;
Brucellosis;
Hendra Virus;
Avian Influenza;
Psittacosis.

Workplace Health and Safety Queensland must also be immediately notified of any
dangerous incident that exposes a person to a serious health or safety risk from
immediate or imminent exposure to:
The uncontrolled escape, spillage or leakage of a substance;
An uncontrolled implosion, explosion or fire;
An uncontrolled escape of gas, steam or a pressurised substance;
An electric shock;
The fall or release from height of any plant, substance or thing;
The collapse, overturning, failure or malfunction of, or damage to, plant that is
required to be licensed or registered;
The collapse or partial collapse of a structure, including an excavation or of any

shoring supporting an excavation;
The inrush of water, mud or gas into an underground excavation or tunnel;
The interruption of the main system of ventilation to an underground excavation

or tunnel;
Other incidents as stated in the WHS Regulation.
Notice of an incident must be given by the fastest possible means. If notice is given by
telephone, Workplace Health and Safety Queensland may request a written notice of the
incident. This must be provided within 48 hours of the request and the PCBU must keep a
copy of this record for at least five years.
The person with management or control of a workplace at which a notifiable incident has
occurred must ensure the site of the incident is not disturbed until an inspector arrives at
the site or directs otherwise. This does not prevent any action required to protect a
persons health or safety, help someone who is injured or make the site safe.
Other Notifications
In addition to the notification of incidents, PCBUs are required to notify Workplace Health
and Safety Queensland of the following matters:
Asbestos removal work (licensed asbestos removalist);
Asbestos fibre levels greater than 0. 02 f/ml (licensed asbestos removalist for
Class A removal work);
Asbestos emergency work - domestic premises (PCBU with management or

control of the workplace for demolition work);
Asbestos emergency work - non-domestic premises (PCBU who is to carry out the
demolition work for demolition work);
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Hazardous chemicals exceeding manifest quantities at a workplace;
Lead risk work commencing;
Changes to information regarding lead risk work;
Worker who is removed from carrying out lead risk work;

Health monitoring reports;
Abandoned tanks;
Pipelines;
Demolition work;
Health and safety representatives.
Licensed Work
Licensed to carry out such work. If a person fails to provide evidence, work should stop
until a license can be provided.
Consultation with workers & Representation

of Workers
Consultation, cooperation and coordination (Sections 4649)
Consultation is a collaborative process between the PCBU and any workers undertaking
work within or for the business or undertaking. It involves sharing information about
health and safety. PCBUs must give workers who are, or are likely to be, directly
affected by a matter relating to health and safety, a reasonable opportunity to express
their views or raise issues. If an HSR is representing workers, the consultation must
involve them.
A PCBU must consult with workers when:
Identifying hazards and assessing risks arising from work;
Proposing changes that may affect the health and safety of workers;
Carrying out activities prescribed by the WHS Regulation.
A PCBU must also consult with workers and take their views into account when making
decisions about:
Ways to eliminate or minimise risks;
The adequacy of facilities for workers welfare;
Procedures for consulting workers;
Resolving health and safety issues;
Monitoring the health and safety of workers or workplace conditions;
How to provide health and safety information and training to workers.
Workers are entitled to:
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Elect a health and safety representative;
Request the formation of a health and safety committee;

Cease unsafe work;
Have health and safety issues resolved in accordance with an agreed issue
resolution procedure;
Not be discriminated against for raising health and safety issues.
Ministerial Notices
The Minister may issue a Ministerial notice that prescribes ways of preventing or
minimizing exposure to a risk if an urgent situation arises where there is a risk or likely
to be a risk of serious bodily injury, work caused illness or a dangerous event happening.
To meet your obligations under the Act, you must comply with the notices.
Where there is no regulation, code of practice or Ministerial notice about
exposure to a risk, you can meet your obligations by choosing any appropriate way to
minimise exposure to a risk and you must take reasonable precautions and exercise
proper diligence in making sure the risk is managed. To properly manage exposure to
risks, the risk management process must be undertaken to identify hazards and
determine appropriate control measures. .
Appointment of a Principal
Who is the principal contractor for construction work?
(1) A person conducting a business or undertaking that commissions a construction
project is, subject to this section, the principal contractor for the project.
(2) If the person mentioned in subsection (1) engages another person conducting a
business or undertaking as principal contractor for the construction project and
authorises the person to have management or control of the workplace and to discharge
the duties of a principal contractor under this chapter, the person so engaged is the
principal contractor for the project.
(3) If the owner of residential premises is an individual who directly or indirectly engages
a person conducting a business or undertaking to undertake a construction project in
relation to the premises, the person so engaged is the principal contractor for the project
if the person has management or control of the workplace.
(4) A construction project has only one principal contractor at any specific time.
Note
A person with management or control of a workplace must comply with section 20 of the
Act
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Site-specific induction
Having systems in place at the workplace to ensure people are aware of the specific
procedures and rules for the site will help minimise the risk of death, injury or illness.
While site-specific induction is not necessary for workplaces where housing construction
work is being carried out, it is important nonetheless for the contents of the principal
contractors construction safety plan to be communicated effectively where site-specific
induction is not given.
A principal contractor must ensure a person has had a site-specific induction before that
person starts construction work.
The principal contractor must ensure a person entering a part of the workplace where
construction work is being done:
i.
ii.
Has been given a site-specific induction; or

Is accompanied by the principal contractor or someone who has been given
a site-specific induction.
The induction needs to address the contents of the construction safety plan, including
site rules.
The principal contractor must make a record of the people inducted and the date it was
given. The record must be kept for the duration of the construction work.
Signage
The principal contractor must, before construction work starts, ensure that adequate
numbers of general safety signs, having regard to the size and complexity of the
workplace, are erected. Appropriate signs may include signs about:
The nature of the workplace;
The direction to the site office or site amenities;
Where first aid and fire extinguishing equipment is kept;
The means of access to be kept clear;
Where hazardous substances are kept;
Who the principal contractor is;
Head and foot protection to be worn;
Authorisations required for the site.
The principal contractor must keep the signs in good condition.
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Safe housekeeping practices

Principal contractors play an important role in ensuring the orderly conduct of a
construction workplace.
The principal contractor must ensure safe housekeeping practices including:
Appropriate, safe and clear access to and from the workplace;
Safe systems for collecting, storing and disposing of excess or waste materials;
Adequate space for storing materials or plant.
A subcontractor must implement and maintain the safe housekeeping practices that
apply to their work including:
Managing risks from protruding objects such as exposed nails or vertical

reinforcing steel;
Providing and maintaining appropriate lighting for the work being done.
Subcontractors must ensure their workers on site are instructed to follow the safe
housekeeping practices.
Common plant
Common plant is plant provided by the principal contractor for use by another person at
the workplace, e. g. scaffolding, switchboards.
A principal contractor must ensure common plant is safe for the purpose for which it is
provided and that it is maintained.
The principal contractor must comply with any requirements about the plant in Part 20 of
the Work Health and Safety Regulation 2011. A subcontractor or worker using the plant
must ensure all requirements about its safe use are complied with.
NoteFor construction work for which there is no client and that is not prescribed construction
work, there is no principal contractor.
Appointment of principal contractors
Clients must appoint a principal contractor where:
Demolition work or asbestos removal work (prescribed activities) is to be done; or
The estimated final price for the construction work is more than $250,000;
Construction work ends when possession of the workplace is given to the client.
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Who is in Control?
A person with control of a construction project or control of construction work is
responsible for the health and safety of any person who may be affected by the
construction work that person is considered to be the Principal Contractor Remember
you are considered to be the Principal Contractor.
i.
ii.
To the extent that the person has control over the construction work; and
To the extent that the health and safety of the affected person is affected
by the construction work.
Prescribed Occupations
WHAT IS A PRESCRIBED ACTIVITY?
In order to be authorised to perform a prescribed activity a person is required to be
assessed as competent by an authorised accredited provider or a registered training
organisation.
A certificate to perform a prescribed activity is valid for 2 years from the day it is granted
unless suspended or cancelled.
ASBESTOS REMOVAL
Asbestos removal work is a prescribed activity. There are two classes of certificates for
the performance of work which involves the removal of asbestos.
A class- Required for removal of any amount of friable asbestos-containing material
B class- Required for removal of 10m2 or more of bonded asbestos-containing material
DEMOLITION WORK
There are two classes of certificates for the performance of demolition work if it is a
prescribed activity:
D1 Authorises the holder to perform Demolition work
D2 Authorises the holder to supervise Demolition work
Who is a Worker?
(1) A person is a worker if the person carries out work in any capacity for a person
conducting a business or undertaking, including work as
(a) an employee; or
(b) a contractor or subcontractor; or
(c) an employee of a contractor or subcontractor; or
(d) an employee of a labour hire company who has been assigned to work in the persons
business or undertaking; or
23

(e) an outworker; or
(f) an apprentice or trainee; or
(g) a student gaining work experience; or
(h) a volunteer; or
(i) a person of a prescribed class.
(2) For this Act, a police officer is
(a) a worker; and
(b) at work throughout the time when the officer is on duty or lawfully performing the
functions of a police officer, but not otherwise.
(3) The person conducting the business or undertaking is also a worker if the person is
an individual who carries out work in that business or undertaking.
Who is an Employer?
Meaning of person conducting a business or undertaking
(1) For this Act, a person conducts a business or undertaking
(a) whether the person conducts the business or undertaking alone or with others; and
(b) whether or not the business or undertaking is conducted for profit or gain.
(2) A business or undertaking conducted by a person includes a business or undertaking
conducted by a partnership or an unincorporated association.
(3) If a business or undertaking is conducted by a partnership (other than an
incorporated partnership), a reference in this Act to a person conducting the business or
undertaking is to be read as a reference to each partner in the partnership.
(4) A person does not conduct a business or undertaking to the extent that the person is
engaged solely as a worker in, or as an officer of, that business or undertaking.
(5) An elected member of a local government does not in that capacity conduct a
business or undertaking.
(6) A regulation may state the circumstances in which a person may be taken not to be a
person who conducts a business or undertaking for the purposes of this Act or any
provision of this Act.
(7) A volunteer association does not conduct a business or undertaking for the purposes
of this Act.
(8) In this section, volunteer association means a group of volunteers working together
for 1 or more community purposes where none of the volunteers, whether alone or
jointly with any other volunteers, employs any person to carry out work for the volunteer
association.
Volunteers
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1. A worker is a person who does work, other than under a contract for services, for an
employer.
2. The person is a worker no matter if they work for gain, or reward, or on a voluntary
basis.
Who is a Self-Employed Person?

A self-employed person is also a person conducting a business or undertaking for the
purposes of this section.
Construction Work
What is construction work?
Construction work means any work carried out in connection with the construction,
alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance,
refurbishment, demolition, decommissioning or dismantling of a structure.
The definition of construction work is broad and includes:
Any installation or testing carried out in connection with an activity mentioned

above;
The removal from the workplace of any product or waste resulting from
demolition;
The prefabrication or testing of elements, at a place specifically established for the

construction work, for use in construction work;
the assembly of prefabricated elements to form a structure, or the disassembly of

prefabricated elements forming part of a structure;
The installation, testing or maintenance of an essential service in relation to a

structure;
Any work connected with an excavation;
Any work connected with any preparatory work or site preparation (including
landscaping as part of site preparation) carried out in connection with an activity
mentioned above;
Any activity mentioned above that is carried out on, under or near water,
including work on buoys and obstructions to navigation.
What is not construction work?

The legislation provides for specific exclusions from the definition of construction work.
The following activities are not considered construction work:
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The manufacture of plant;

The prefabrication of elements, other than at a place specifically established for

The construction work, for use in construction work;
The construction or assembly of a structure that once constructed or assembled is

intended to be transported to another place;
Testing, maintenance or repair work of a minor nature carried out in connection

with a structure;
Mining or the exploration for or extraction of minerals.
What is a structure?
Understanding what the legislation defines as a structure is key to understanding what
construction work is. A structure means anything that is constructed, whether fixed or
moveable, temporary or permanent, and includes:
Buildings, masts, towers, framework, pipelines, transport infrastructure and

underground works (shafts or tunnels);
Any component of a structure;
Part of a structure.
Examples of structures in the context of construction work include:
A roadway or pathway;
A ship or submarine;
Foundations, earth retention works and other earthworks, including river works
and sea defence works;
Formwork, falsework or any other structure designed or used to provide support,

access or containment during construction work;
An airfield;
A dock, harbour, channel, bridge, viaduct, lagoon or dam;
A sewer or sewerage drainage works.
OH&S Legislation
The legal obligations under the Occupational Health and Safety Act 2011 include
providing:
A working environment that is safe and without risks to health;
Adequate resources, information, training and supervision;
Effective arrangements for consultation; and
An effective system for identifying hazards, assessing and controlling risks to

health and safety.
26

Workplace Health and Safety Officer

The WHSO must be an employee at the workplace for which he/she is appointed.
Health and Safety Representatives

An HSR represents the health and safety interests of a work group. There can be as
many HSRs and deputy HSRs as needed after consultation, negotiation and agreement
between workers and their employers.
A PCBU must keep a current list of all HSRs and deputy HSRs and display a copy at the
workplace. The list must also be given to Workplace Health and Safety Queensland.
Workgroups (Sections 50-57)

Any worker or group of workers can ask the PCBU for whom they are carrying out work
to set up a work group at one or more workplaces for the purpose of electing an HSR.
A work group is a group of workers who share a similar work situation. For example, a
work group might consist of all workers in the office part of a manufacturing complex, or
it might consist of people of the same trade, or it might consist of all people on the night
shift. If agreed, workers from multiple businesses can be part of the same work group
which might include contractors, labour hire staff, outworkers and apprentices.
If a request is made for the election of an HSR, a PCBU must start negotiations with
workers within 14 days. Negotiations between a PCBU and workers will determine the:
Number and composition of the work group(s);
Number of HSRs and deputy HSRs;
Workplace(s) to which the work group(s) apply.
A PCBU must negotiate a work group with a workers representative (e. g. union) if asked
by a worker. The PCBU must also notify workers as soon as practicable of the outcome
of the negotiations.
At any time, the parties to a work group agreement may negotiate a variation.
If negotiations fail in establishing a work group, or discussing a variation to a work group
agreement, any person who is a party to the negotiations can request an inspector to
assist in deciding the matter (or, if the matter involves multiple businesses, to assist the
negotiations).
Powers and functions (Section 68-69)

27

The role of an HSR is generally limited to their work group unless there is a serious risk
to the health or safety of other workers from an immediate hazard or a worker in another
work group asks for their assistance, and the HSR for that other work group is found to
be unavailable.
An HSR can:
Inspect the workplace or any area where work is carried out by a worker in the
work group;
Accompany a workplace health and safety inspector during an inspection of the

area the HSR represents;
Be present at an interview with a worker that the HSR represents (with their
consent) and the PCBU or an inspector about health and safety issues;
Request a health and safety committee be established;
Monitor compliance measures by the PCBU;
Represent the work group in health and safety matters;
Investigate complaints from members of the work group;
Inquire into any risk to the health or safety of workers in the work group.
An HSR is not personally liable for anything done, or not done, in good faith while
carrying out their role.
Election and eligibility (Sections 50, 60-67)
The members of a work group elect their own HSR. All members are able to vote in an
election. To be eligible for election, a person must be a member of the work group and
not be disqualified from acting as an HSR.
Upon a request for the election of an HSR, a PCBU must provide resources and assistance
to carry out the election. Members of a work group decide how to elect an HSR.
Elections for a deputy HSR are carried out in the same way.
The term of office for an HSR or deputy HSR is three years. They cease to hold office if:
They leave the work group;
They are qualified from being an HSR;
They resign as an HSR;
The majority of members of the group agree the person should no longer
represent them.
HSRs can be re-elected. Elections are not needed when the number of candidates is the
same as the number of vacancies.
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Any person adversely affected by a decision or action of an HSR can apply to the
Queensland Industrial Relations Commission to have them disqualified.
Training (Section 72)

If requested, a PCBU must allow HSRs and deputy HSRs to attend a work health and
safety course approved by Workplace Health and Safety Queensland.
Within three months of the request, the PCBU must give HSRs paid time off to attend a
course and pay the course costs and reasonable expenses. A course must be selected in
consultation with the PCBU to ensure it is relevant to the work carried out. If agreement
cannot be reached, an inspector may assist.
The PCBU has a duty to ensure the relevant training has been provided to the HSR so
that they can perform their functions and exercise their powers under the WHS Act.
Before the HSR can issue a provisional improvement notice (PIN) or direct a person to
cease unsafe work, they must attend an approved training course.
Whether or not the HSR has undergone training, a PCBU must give them the resources,
facilities and assistance to enable them to carry out their functions.
Provisional improvement notices (Sections 90-102)
If an HSR reasonably believes that a person is contravening, or has contravened the

WHS Act in circumstances that make it likely that the contravention will continue or be
repeated, they must consult with the person before issuing a provisional improvement
notice (PIN).
A PIN must be in writing and include:
That the HSR believes the WHS Act is being contravened or has been contravened
in circumstances that make it likely that the contravention will continue or be
repeated;
The section of the WHS Act considered to have been contravened and how the
section is being or has been contravened;
The date (at least eight days from the issue date) by which the contravention
must be remedied.
A PIN can include directions on how to remedy a contravention. These directions may
refer to a Code of Practice and offer the person a choice of solutions.
If a PCBU receives a PIN they must display it in a prominent place in the workplace, or
part of the workplace, at which work is being carried out that is affected by the notice.
29

Within seven days of being issued with a PIN, any person (or the PCBU if the person
issued with the PIN is a worker), can ask Workplace Health and Safety Queensland to
review the notice. An inspector will attend the workplace to confirm the notice, confirm it
with changes or cancel it. A confirmed PIN must be complied with.
The inspector will give a copy of their decision to the person who applied for the review
and the HSR who issued the notice.
Direct workers to cease unsafe work (Sections 83-89)

If an HSR has a reasonable concern that carrying out work would expose a worker to a
serious health and safety risk, the HSR may direct a worker to cease work. However they
must first attempt to resolve the matter with the PCBU unless the risk is so serious and
immediate that it is not reasonable to consult first. In this case, the HSR must consult
the PCBU as soon as practicable after giving the direction.
A PCBU, worker or HSR may request an inspector to attend the workplace and assist in
resolving an issue with the cessation of work.
Health and safety committees (Sections 75-79)
A health and safety committee (HSC) facilitates cooperation between a PCBU and
workers in developing and carrying out measures to ensure health and safety at work.
This includes health and safety standards, rules and procedures for the workplace.
A PCBU must set up an HSC within two months of being requested to do so by an HSR,
or by five or more workers in a workplace or when required by the WHS Regulation.
A PCBU can also establish an HSC of their own initiative.
At least half of the members of an HSC must be workers that have not been nominated
by the PCBU. An HSR can also consent to be a member of the committee and, when a
workplace has more than one HSR, they can choose one or more to be members.
When agreement cannot be reached on the composition of an HSC, any party to the
committee can request an inspectors assistance to decide the matter.
An HSC must meet at least once every three months and at any reasonable time at the
request of at least half of the members of the committee.
Right to cease unsafe work (Sections 83-89)
If a worker has a reasonable concern about a serious risk to their health or safety from
immediate or imminent exposure to a hazard, they may cease or refuse to carry out
work.
30

A worker who ceases work must notify the PCBU as soon as possible. Workers can be
redirected to suitable alternative work at their workplace or at another site until they can
resume normal duties.
Issue Resolution (Sections 80-82)

If there is a health and safety issue at a workplace, the relevant parties must make
reasonable efforts to achieve a timely, final and effective resolution of the issue in
accordance with an agreed procedure or the default procedure set out in the WHS
Regulation.
Relevant parties are:
The PCBU or their representative;
Each PCBU or their representative, if the issues involves more than one PCBU;
The HSR for that work group or his/her representative, if the worker(s) affected
by the issue is/are in a work group;
The worker(s) or his/her representative, if the worker(s) affected by the issue

is/are not in a work group.
A persons representative may enter the workplace for the purpose of attending
discussions with a view to resolving the issue.
If an issue remains unresolved, one of the parties may ask Workplace Health and Safety
Queensland to appoint an inspector to attend the workplace and assist in resolving the
issue.
Such a request does not prevent a worker from ceasing unsafe work or an HSR from
issuing a PIN or directing workers to cease unsafe work.
Although an inspector cannot determine the issue, the inspector may exercise any of
his/her compliance powers under the WHS Act.
Discriminatory, coercive or misleading conduct (Sections 104-115)

A person must not, dismiss, terminate a contract with, refuse to hire or detrimentally
alter the position of a worker, or treat them less favourably, because they:
Are, were or propose to be a member of an HSC or perform a function in this

capacity;
Are, were or propose to be an HSR or exercise a power or perform a function in

this capacity;
31
Exercised a power or performed a function (or refrained from doing so);
Assisted a person to exercise a power or perform a function;

Raised a health and safety issue with a PCBU, inspector, entry permit holder,
HSR, member of an HSC or another worker;
Are involved in resolving a work health and safety issue;
Acted to get another person to comply with their duties.
A person is also engaging in discriminatory conduct if they terminate or refuse to enter a

commercial arrangement with another person for these reasons.
It is unlawful to engage in, threaten or organize to take any of the above actions, or to
ask or encourage another person to do this.
These provisions create both criminal and civil causes of action in the event of such
conduct. In addition, they do not preclude actions being taken under other relevant state
and federal laws that deal with discrimination including the Anti-Discrimination Act 1991
and the Fair Work Act 2009 (Cth)
Entry Permit Holders (Section 131-137, 149)

A WHS entry permit holder is a union official who has completed an approved training
course and holds a valid and current entry permit under the Commonwealth Fair Work
Act 2009 or the Queensland Industrial Relations Act 1999. An entry permit allows the
holder to investigate suspected contraventions of the WHS Act. Permits are valid for
three years from the date of issue or cease when the permit holder ceases to be a union
official. A permit must be returned within 14 days of expiry.
Workplace health and safety entry permit holders must show their identification upon
request.
Suspected contraventions (Sections 117-120, 144-146)

A workplace health and safety entry permit holder may enter a workplace during working
hours to inquire into a contravention if they reasonably suspect one has or is occurring.
While there, they may inspect any work or thing that directly relates to the matter, talk
to any worker who is entitled to be represented by the union and warn anyone they
believe is exposed to a serious health or safety risk.
They may consult with the PCBU about the matter and request to look at, and make
copies of, relevant records or documents kept at the workplace in hard copy or on a
computer. A PCBU must not, without reasonable excuse, refuse or fail to comply with this
request, however they do not have to make records available if this breaches the Privacy
Act 1988 (Cth).
32

When inquiring into a suspected contravention, an entry permit holder can also inspect or
make copies of employee records that are directly relevant to the contravention or other
documents that are directly relevant that are not held by that PCBU. In this case at least
24 hour notice of the entry must be given.
A workplace health and safety entry permit holder must advise the PCBU and person with
management or control of the workplace of their entry as soon as reasonably practicable.
This is not needed if it would defeat the purpose of the entry or cause unreasonable
delay in an urgent case.
A person must not, without reasonable excuse, refuse or unduly delay a permit holders
entry to a workplace, or obstruct them from exercising their rights.
Consulting workers (Sections 121-130)
An entry permit holder may enter a workplace to consult or provide advice to workers on
health and safety matters. At least 24 hour notice must be given to the PCBU before the
entry.
Disputes (Sections 141-143)
Any party to a dispute about a right of entry may ask Workplace Health and Safety
Queensland to appoint a workplace health and safety inspector to attend the workplace
to assist with resolving the matter.
Alternatively, or if the matter remains unresolved, the dispute may be dealt with by the
Queensland Industrial Relations Commission (QIRC). The QIRC may deal with a dispute
on its own initiative or on the application of an entry permit holder, the relevant union,
Workplace Health and Safety Queensland, a PCBU or another person affected by the
exercise of right of entry powers. The QIRC may deal with a dispute in any way it
determines, including mediation, conciliation or arbitration.
Revoking a permit (Section 138-140)

An entry permit may be revoked by the QIRC if a holder breaches permit conditions or
engages in improper behaviour. Workplace Health and Safety Queensland, a PCBU or
anyone affected by the actions of a permit holder can apply in writing to have it revoked.
The QIRC can make orders including imposing conditions on a permit, or suspending or
revoking a permit.
The regulator, Inspectors and Enforcement

Role of the regulator (Sections 152-155)
33

Each state, territory and the Commonwealth will continue to have its own regulator to
administer the nationally uniform laws in their jurisdiction.
Workplace Health and Safety Queensland has a broad range of functions including to:
Monitor and enforce compliance with the WHS Act and WHS Regulation;
Provide advice and information on work health and safety to duty holders,
including PCBUs and workers, of their duties, obligations and rights under the
WHS Act;
Foster a cooperative, consultative relationship between duty holders and the

people to whom they owe work health and safety duties, and their
representatives;
Promote and support work health and safety education and training;
Engage in, promote and coordinate the sharing of information to achieve the
object of the WHS Act, including the sharing of information with other regulators;
Conduct and defend legal proceedings under the WHS Act;
Collect, analyse and publish statistics relating to work health and safety;
Promote public awareness and discussion of work health and safety to the
community.
Power of the regulator to require documents and information

(Section 155)
If Workplace Health and Safety Queensland believes a person is capable of giving
information or documents in relation to a possible contravention of the WHS Act, or that
will assist in monitoring or compliance, Workplace Health and Safety Queensland can
require the person to provide this after serving them with a written notice.
A person cannot refuse, or fail to comply with a request without a reasonable excuse. A
person is not excused from answering a question or providing information or a document
on the ground that the answer to the question, or the information or document, may
tend to incriminate the person or expose the person to a penalty. However, the answer
or information or document, and other evidence directly or indirectly derived from the
answer, information or document is not admissible as evidence against that individual in
criminal or civil proceedings other than proceedings arising out of the false or misleading
nature of the answer, information or document.
Functions and powers of inspectors (Sections 156, 160-162)

Inspectors have the following functions and powers:
34
To provide information and advice about how to comply with the law;
To help resolve work health and safety issues;
To help resolve right of entry disputes;
To review a disputed PIN;

To issue notices to require compliance with the law;
To investigate contraventions and assist to prosecute offences.
An inspector in a workplace may require a person to provide information about and

access to a document, as well as answers to questions. While inspectors will be able to
compel answers, the answers to questions or information provided cannot be used as
evidence against that person in civil or criminal proceedings. Inspectors may also copy
and retain documents and seize evidence.
Powers of entry (Sections 163-166)
An inspector may enter a workplace, or a suspected workplace, at any time with or

without the consent of the person with management or control. If it is not a workplace
they must leave immediately.
An inspector must show their identification on request.
An inspector must advise the PCBU, person with management or control of the workplace
and any HSR they have entered the workplace as soon as practicable. This is not needed
if it would defeat the purpose of entry or cause unreasonable delay.
An inspector entering a workplace can:
Inspect, examine and make inquiries;
Inspect, examine and seize anything, including documents;
Bring and use any equipment or materials they may need;
Take measurements, conduct tests, and make stretches or recordings (e. g.

photographs, films, audio and video);
Take and remove samples for analysis.
A person may accompany an inspector to a workplace if they require assistance. An

inspector can also require a person at a workplace to give them reasonable help to do
these things. A person asked to assist must not, without reasonable excuse, refuse or
fail to comply.
Search Warrants (Sections 167-169)
An inspector may apply to magistrate for a search warrant. The magistrate must be
satisfied there are reasonable grounds that there is, or may be within the next 72 hours,
evidence of an offence against the WHS Act.
The warrant states the suspected offence, the evidence that may be seized, the time that
the place may be entered, the date that the warrant ends and that the inspector may use
reasonable help and force to enter the place and exercise their powers.
35

The authorized inspector must announce the warrant and give anyone at the place an
opportunity to let them in before executing the warrant. This is not required if the
inspector believes immediate entry is needed to ensure a persons safety or to avoid
frustrating the execution of the warrant.
If the person with management or control of the workplace is present, the inspector must
show their identification and provide a copy of the search warrant.
Enforcement Measures
Improvement Notices (Sections 191-193)
An inspector may issue an improvement notice if they reasonably believe a person is

contravening, or has contravened the WHS Act or WHS Regulation in circumstances that
make it likely that a contravention will continue or be repeated.
The notice will identify the provisions of the WHS Act that have or may have been
contravened, the reasons for the notice, and a reasonable date to fix the contravention
by. An improvement notice may also include directions and/or recommendations about
how to fix or prevent a contravention.
A person issued with an improvement notice must comply.
Prohibition Notices (Sections 195-197)

An inspector may issue a prohibition notice if they reasonably believe an activity involves
a serious risk to a persons health or safety from immediate or imminent exposure to a
hazard.
The notice prohibits the activity continuing or being carried out in a specific way, and is
issued to the person with control over the activity. It may include directions on how to
remedy the risk and remains in place until an inspector is satisfied the risk has been
fixed.
A person issued with a prohibition notice must comply.
Non-disturbance Notices (Sections 198-200)

If an inspector believes it is necessary to enable them to exercise their powers, they may
issue a non-disturbance notice to the person with management or control of a workplace.
36

A notice may require the person to preserve the site or prevent disturbance for up to
seven days, and must include the measures to be taken to do so. A person issued with a
non-disturbance notice must comply.
Injunctions (Section 215)

Workplace Health and Safety Queensland may apply to the Magistrates Court for an
injunction to require or compel a person to comply with a notice, or to restrain them from
contravening a notice. An injunction can be sought even if separate proceedings are
underway about a matter to which the notice relates.
Infringement Notices
Infringement notices (on the spot fines) may be issued by inspectors as an alternative
to prosecution for prescribed offences.
An infringement notice can be withdrawn by the person who issued it within 28 days of
issue. The withdrawal of an infringement notice does not prevent other proceedings in
relation to the alleged offence (unless the penalty has already been paid even if
refunded).
If the penalty imposed by an infringement notice is paid within the set time, no
proceedings may be taken for the offence and no conviction recorded. A payment cannot
be taken as an admission of guilt or liability for any future civil claim. Prosecution may
take place if penalties are not paid.
Remedial Action (Sections 211-213)
If a person to whom a prohibition notice is issued fails to take reasonable steps to comply
with the notice, Workplace Health and Safety Queensland may take any remedial action
it believes is reasonable to make the workplace or situation safe.
The costs of undertaking the remedial action will be charged to the PCBU or the owner of
the premises; however, they can only be recovered by Workplace Health and Safety
Queensland if a notice has been given of Workplace Health and Safety Queenslands
intention to take the action and the PCBU or owners liability for the cost of that action.
Enforceable undertakings (Sections 216-222)
Workplace Health and Safety Queensland may accept a work health and safety
undertaking given by a person in connection with a contravention or an alleged
contravention of the WHS Act. However, a work health and safety undertaking cannot be
accepted for a Category 1 offence.
37

An undertaking takes effect and becomes enforceable when Workplace Health and Safety
Queenslands decision to accept it is given to the person.
A person who has made an undertaking may apply to Workplace Health and Safety
Queensland to change or withdraw the undertaking.
An undertaking is not an admission of guilt.
If a person contravenes a work health and safety undertaking, Workplace Health and
Safety Queensland may apply to the Magistrates Court. In addition to imposing a
penalty for the breach, the court may make an order directing the person to comply with
the undertaking or discharging the undertaking, as well as orders directing the person to
pay the costs or the proceedings and the reasonable costs of monitoring compliance with
the undertaking in the future.
In addition if a person contravenes a work health and safety undertaking, Workplace
Health and Safety Queensland may still commence proceedings for the contravention or
alleged contravention of the WHS Act to which the work health and safety undertaking
relates.
Review of decisions (Sections 223-229)

Certain decisions made by inspectors and Workplace Health and Safety Queensland can
be reviewed. The WHS Act outlines which decisions can be reviewed and who can apply
to have them reviewed. These are decision that relate to:
The failure to commence negotiations for work groups;
Union right of entry permits;
Training of health and safety representatives;
Provisional improvement notices issued by HSRs;
Forfeiture and return of goods or things;
Issue of improvement, prohibition or non-disturbance notices and subsequent

notices;
Variation or cancellation of notices;
Extension of time to comply with improvement notices.
Interval Review
Inspectors decisions are initially subject to internal review by Workplace Health and
Safety Queensland. The internal reviewer cannot be the person responsible for the initial
decision. The internal reviewer must make a decision within 14 days after receiving an
application, unless the reviewer receives further information from the applicant. The
internal reviewer must decide whether to confirm the initial decision, vary it, or set it
38

aside in favour of another course of action. A written decision must be sent to the
applicant as soon as practicable.
If an application for review is made this generally imposes a stay on the operation of the
decision until there is an outcome. However, for decisions relating to prohibition and
non-disturbance notices, a separate application to stay the decision must also be made,
or the reviewer can make a decision to stay the operation of the notice on their own
initiative. A decision on an application for a stay on the operation or a prohibition notice
or a non-disturbance notice must be made within one working day after the reviewer
receives the application, otherwise the reviewer is taken to have made a decision to
grant a stay.
A stay operates until the time allowed for making an external review expires or an
application for external review is made.
External Review
If a person is dissatisfied with the internal review decision, they may apply for an
external review of that decision:
Decisions relating to:
The failure to commence negotiations for work groups
Union right of entry permits
Training of HSRs
are reviewable by the Queensland Industrial Relations Commission.

Decisions relating to:
Provisional improvement notices issued by HSRs;
Forfeiture and return of goods or things;
Issue of improvement, prohibition or non-disturbance notices and subsequent

notices;
Variation or cancellation of notices;
Extension of time to comply with improvement notices.
are reviewable by the Queensland Civil and Administrative Tribunal.

In addition, decisions made under the WHS Act by Workplace Health and Safety
Queensland are subject to external review.
Offences and penalties (Sections 30-34)

39

Workplace Health and Safety Queensland and inspectors can take legal proceedings for
any offence under the WHS Act. In addition, the Director of Public Prosecutions may also
initiate proceedings for Category 1 offences.
Health and Safety duty offences

The WHS Act provides for three categories of offences for breach of health and safety
duties and outlines the maximum penalties that apply to an individual, a PCBU, a worker
or an officer of a corporation or unincorporated association, and to the body corporate.
Category 1 a duty holder engages in conduct that recklessly exposes a person to a
risk of death or serious injury or illness. This offence is a crime and will be prosecuted in
the District Court.
Category 2 a duty holder fails to comply with a health and safety duty that exposes a
person to risk of death or serious injury or illness.
Category 3 a duty holder fails to comply with a health and safety duty.
Proceedings for Category 2 and 3 offences will be taken summarily in the Magistrates
Court.
Volunteers are exempt from prosecution for failure to comply with a health and safety
duty owed by a PCBU (ss. 19-26) or an officer of a corporation or unincorporated
association (s. 27). Volunteers are, however, liable for duties owed as workers (s. 28) or
other people at a workplace (s. 29).
An unincorporated association is also exempt from prosecution. However, an officer of
the unincorporated association (other than a volunteer) may be prosecuted for a failure
to comply with an officers duty (s. 27) and a member of the association may be
prosecuted for failure to comply with the duty of a worker (s. 28) or of another person at
a workplace (s. 29).
Procedure if prosecution is not brought

If a person considers a Category 1 or 2 offence has occurred and no prosecution has
been brought between six and twelve months of the alleged contravention, they can
request that Workplace Health and Safety Queensland bring a prosecution.
Workplace Health and Safety Queensland has three months to advise its decision. If the
decision is not to prosecute, a person may make a written request to Workplace Health
40

and Safety Queensland to refer the matter to the Director of Public Prosecutions within
one month.
The Director of Public Prosecutions must consider the matter and advise Workplace
Health and Safety Queensland within one month whether a prosecution should be
brought. Workplace Health and Safety Queensland must provide the person with a copy
of the advice and, if Workplace Health and Safety Queensland declines the advice, the
reasons why.
Penalties for breach of health and safety duty offences
Penalties for breach of health and safety duty offences are outlined in the following table:
Corporation
Individual as PCBU or officer
Individual as worker or other
Category 1
$3 million
$600,000, five years jail or both
$300,000, five years jail or both
Category 2
$1. 5 million
$300,000
$150,000
Category 3
$500,000
$100,000
$50,000
Alternative penalty options
In addition to the above penalties, courts may impose additional or alternative

sentencing options. Other types of orders that can be made against offenders include:
Adverse publicity orders;
Restoration orders;
Work health and safety project orders;
Court ordered work health and safety undertakings;
Injunctions;
Training orders.
Section of the
Type of order
Information
WHS Act
Section 236
Adverse publicity
The court may make an adverse publicity order requiring the offender
orders
to publicise the offence, its consequences and the penalty imposed. It

may also direct an offender to notify a specified person or group of
people about the offence. The offender may also need to give
Workplace Health and Safety Queensland evidence the order was
carried out as instructed.
Section 237
Restoration orders
The court may order the offender to take steps to remedy anything
that occurred as a result of the offence that it decides the offender has
the power to address. It may choose to extend the restoration period
but only if the application is made before the order expires.
41

.
Section 238
Work health and
The court may make an order requiring the offender to undertake a
safety projects
project for the general improvement of work health and safety within a
set period, with conditions that must be complied with as part of the
project.
Section 239
Court ordered work
The court may adjourn legal proceedings for up to two years and make
health and safety
an order for the release of the offender on a work health and safety
undertakings
undertaking. The court may require the offender to: appear before it if
required, not commit any offences under the WHS Act, and observe
any special conditions imposed.
Section 240
Injunctions
If a court finds a person guilty of an offence against the WHS Act, it

may issue an injunction requiring the person to cease contravening the
WHS Act.
Section 241
Training orders
A person may be ordered by the court to undertake, or arrange for one

or more workers to undertake, a specified training course.
Other offences
There are a number of other offences under the WHS Act that relate to specific
requirements and carry their own individual penalties.
Offences in relation to incident notification (Sections 38, 39)

It is an offence to:
Fail to notify a notifiable incident (s. 38);
Fail to preserve an incident site until an inspector arrives (s. 39).
Offences in relation to authorisations (Sections 41-45)

Carry on a business or undertaking at an unauthorised workplace (s. 41);
Use unauthorised plant, equipment and substances at a workplace (s. 42);
Carry out work without the required licence, permit or authorisation (s. 43);
Carry out unsupervised work where supervision by a person with prescribed

qualifications or experience is required (s. 44);
Not comply with the conditions of any licence, permit or authorisation (s. 45).
Offences in relation to consultation (Sections 46, 47)

Not consult with other duty holders (s. 46);
Not consult with workers (s. 47).
Offences in relation to the establishment of work groups (Sections

52-57)
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Fail to negotiate with workers or their representative regarding the formation of

work groups at a workplace (ss. 52, 56);
Fail to notify workers of the outcome of negotiations regarding the formation of

work groups at a workplace (ss. 53, 57).
Offences in relation to health and safety representatives (Sections

61, 70-74, 97, 99)
Fail to negotiate with an HSR on health and safety matters;
Fail to provide an HSR with access to information regarding hazards and safety of
workers;
Fail to allow an HSR to attend interviews with an inspector or PCBU concerning

health and safety issues;
Fail to provide resources, facilities and assistance to elect an HSR and allow them
to carry out their health and safety duties;
Prevent an HSR from accompanying an inspector during an inspection of the

workplace;
Deny a person assisting an HSR access to the workplace;
Fail to allow an HSR time off with pay to attend to their health and safety duties;
Provide an HSR with access to personal or medical information of a worker

without the workers consent unless it is released in a form that does not identify
the worker;
Refuse to allow an HSR to attend a prescribed training course;
Fail to provide an HSR with access to information relating to hazards at the

workplace;
Fail to keep an up-to-date list of HSRs at the workplace and ensure it is readily
accessible to all workers and is provided to Workplace Health and Safety
Queensland;
Fail to display a provisional improvement notice (s. 97);
Contravene a provisional improvement notice (s. 99).
Offences in relation to health and safety committees (Sections 75,

79)
Fail to establish an HSC within two months of being requested to do so (s. 75);
Fail to allow members of the committee time off with pay to comply with their
health and safety duties (s. 79).
Offences in relation to discriminatory, coercive or misleading

conduct (Sections 104-108)
43

Engage in discriminatory conduct for a reason prohibited under the WHS Act (s.
107);
Organise or take, to threaten to organise or take, any action against another

person with intent to coerce or induce that person, or a third person to exercise or
not exercise a power or perform or not perform a function under the WHS Act (s.
108);
Knowingly or recklessly make a false or misleading representation to another

person regarding their rights, obligations or abilities under the WHS Act (s. 109).
Offences in relation to WHS entry permit holders (Sections 118151)

Refuse or fail to provide documentation or information relating to a suspected

breach of the WHS Act (s. 118);
Refuse or unduly delay, or intentionally and unreasonably hinder or obstruct entry

to a workplace by an entry permit holder (s. 144, s. 145).
It is an offence for a WHS entry permit holder to:
Contravene a condition of the WHS entry permit (s. 123);
Enter a workplace unless they also hold an entry permit under the Fair Work Act
2009 (Cth) or an industrial officer authority (s. 124);
Fail to have the work entry permit available for inspection (s. 125);
Enter the workplace outside normal working hours and fail to comply with any
reasonable request from the PCBU or person with management or control of the
workplace (s. 126);
Fail to comply with any reasonable request to comply with work health and safety
requirements at the workplace (s. 128);
Enter any part of the workplace that is only used for residential purposes (s. 129);
Intentionally and unreasonably delay, hinder or obstruct any person or disrupt

work at the workplace (s. 146);
Give the impression that the taking of some action is authorized under the WHS
Act when it is not (s. 147);
Disclose information or a document about a suspected health and safety breach

for a purpose that is not related to an inquiry (s. 148);
Fail to return the permit to the authorising authority within 14 days of the permit
expiring being revoked or suspended (s. 149).
It is an offence for a union to:
Fail to notify the industrial registrar when the entry permit holder resigns and
leaves the union, or the entry permit holder has previously has a permit cancelled
or suspended, or the union ceases to be a registered organisation (s. 150).
44

In addition, a person commits an offence if they contravene an order of the Queensland

Industrial Relations Commission (QIRC) regarding a dispute about the exercise or
purported exercise by a WHS permit holder of a right of entry under the WHS Act (s.
143).
Offences in relation to the regulator and inspectors (Sections 155190)

Refuse or fail to answer questions and provide information and documentation

requested by Workplace Health and Safety Queensland without reasonable excuse
(s. 155);
Refuse or fail to assist an inspector without reasonable excuse (s. 165);
Refuse or fail to comply with an inspectors request to answer questions or

produce a document without reasonable excuse (s. 171);
Tamper with a thing the access to which has been restricted by an inspector (s.
177);
Refuse or fail to comply with a direction from an inspector, including providing

your name and address (s. 185);
Intentionally hinder or obstruct an inspector while they are carrying out their
duties, or to induce or attempt to induce another person to do so (s. 188);
Impersonate an inspector (s. 189);
Assault, threaten or intimidate an inspector or a person assisting an inspector (s.

190);
Fail to comply with an improvement notice (s. 193);
fail to comply with a prohibition notice (s. 197);
Fail to comply with a non-disturbance notice (s. 200);
Intentionally remove, destroy, damage or deface a notice required to be displayed

(s. 210);
Fail to comply with a WHS undertaking (s. 219);
Fail to comply with a court order (s. 242);
Given false or misleading information (s. 268);
Disclose confidential information obtained while exercising a power or function

under the WHS Act (other than in relation to a permit holder entry to a workplace)
(s. 271);
Impose a levy or charge on a worker for anything done or provided in relation to

work health and safety (s. 272).
Safe Work Method Statement (SWMS)

45

The work method statement must take into account the principal contractors
construction safety plan and also state:
The high-risk construction activity;
The persons ABN;
The control measures to be used;
The way the activity will be performed;
How the control measures will be monitored and reviewed;
Any relevant prescribed occupations.
Work method statements must be easy to understand, signed and dated.

The work method statement must be amended if there is a change in the activity and a
copy must be given to the principal contractor. All people affected by changes must be
advised of amendments to the work method statement.
The work method statement must be readily available for inspection. It must also be
reviewed each year and amended if necessary.
Safety Data Sheet (SDS)

What is a safety data sheet (SDS)?
An SDS (previously called a material safety data sheet) is a document containing
important information about a hazardous chemical (which may be a hazardous substance
and/or dangerous good) and must:
Be in English;
Contain unit measures expressed in Australian legal units of measurement;
State the date it was last reviewed (must be at least once every five years), or if
it has not been reviewed, the date it was prepared;
State the name, Australian address and business telephone number of the
manufacturer or importer;
State an Australian business telephone number from which information about the
chemical can be obtained in an emergency.
An SDS for a hazardous chemicals must also state the following information about the
chemical (refer to the Work Health and Safety Regulation 2011 (PDF, 2.53 MB) Schedule 7):
Section 1 - Identification: Product identifier and chemical identity
Section 2 - Hazard(s) identification
Section 3 - Composition and information on ingredients, in accordance with

Schedule 8
46
Section 4 - First-aid measures

Section 5 - Fire-fighting measures
Section 6 - Accidental release measures
Section 7 - Handling and storage, including how the chemical may be safely used
Section 8 - Exposure controls and personal protection
Section 9 - Physical and chemical properties
Section 10 - Stability and reactivity
Section 11 - Toxicological information
Section 12 - Ecological information
Section 13 - Disposal considerations
Section 14 - Transport information
Section 15 - Regulatory information
Section 16 - Any other relevant information.
An SDS is an important information source for eliminating or minimising the risks

associated with the use of hazardous chemicals in workplaces.
What are the duties in relation to the preparation of an

SDS?
Manufacturers and importers of hazardous chemicals have duties under the WHS
Regulation (Section 330) to provide current information about the hazardous chemical in
the form of an SDS.
A manufacturer and importer of a hazardous chemical must:
Prepare an SDS for the hazardous chemical before first manufacturing or

importing the hazardous chemical or if that is not practicable, as soon as
practicable after first manufacturing or importing the hazardous chemical;
review the SDS at least once every five years and amend whenever necessary to
ensure it contains correct current information.
Under section 339, a supplier must provide the current SDS to any person, if the person
is likely to be affected by the chemical or asks for the SDS.
A person conducting a business or undertaking may change an SDS for a hazardous
chemical only if the person is an importer or manufacturer and:
Changes the SDS in a way that is consistent with the duties of the importer or
manufacturer, or
The change is to attach a translation of the SDS and clearly states that the
translation is not part of the original SDS.
Note: A person who packages or relabels a hazardous chemical with their own product
name is considered to be a manufacturer and therefore has the same obligations as a
manufacturer or importer under the WHS Regulations to prepare an SDS.
47

Access to an SDS
Access to an SDS can be provided to workers in the work area in several ways:
Paper copy collections of SDS;
Computerised and internet-based SDS databases.
When a workplace adopts a computerised or internet-based SDS database, ensure that

the relevant workers have ready access to the information in the work area. Ensure
workers have the necessary computer skills to login and access the SDS when required.
Also consider how this information can be accessed in an emergency situation if the
power is isolated.
The WHS Regulation provides for an exemption for having to obtain and give access to
an SDS when:
Hazardous chemicals are in transit;
The PCBU is a retailer and the hazardous chemical is a consumer product and
intended for supply and not intended to be opened on the premises;
The hazardous chemical product is a consumer product used in quantities and a

manner which is consistent with household use.
In these circumstances, the PCBU must ensure sufficient information about the safe use,
handling and storage is readily accessible to a worker, emergency service worker or
anyone else likely to be exposed to the hazardous chemical at the workplace (refer to
Regulation 344).
Registers
The register of an SDS is required under section 346 and should be used as an
information tool to make sure everyone is involved in managing hazardous chemicals
exposure at the workplace. A register is a list of the hazardous chemical products and the
current SDS for each of those products that is readily accessible to a worker and anyone
else who is likely to be affected by the hazardous chemical.
Reviewing and amending a SDS

An SDS should be reviewed whenever there is:
A change in formulation that:

o
Affects the hazardous properties of the substance.
Alters the form, appearance or mode of application of the substance.
A change to the hazardous chemical which alters its health and/or safety hazard
or risk;
New health and/or safety information on the hazardous substance such as

exposure standard changes or a substance previously considered not harmful is
now established to be harmful (e.g. carcinogenic);
48

At least every five years from date of original preparation or last revision.
It is not necessary to review the SDS if the manufacturer or importer has not
manufactured or imported the chemical in the last five years. An SDS should still be
available after the hazardous chemical is withdrawn from sale as it may be required by
workplaces at a later date.
For an overseas SDS, it is acceptable to have a translation of the SDS attached to the
original SDS, provided the appended information clearly states the translation is not part
of the original SDS. The original SDS is the SDS prepared in accordance with the WHS
Regulation. If an overseas manufacturer's SDS does not comply with the requirements of
the WHS Regulation, the importer is responsible for preparing an SDS that does comply.
Labelling of hazardous chemical containers

Manufacturers, importers, suppliers, and PCBUs have specific labelling duties in relation
to the correct labelling of workplace hazardous chemicals.
The format and content for a hazardous chemical product label is set out in the Labelling
of Workplace Hazardous Chemicals published by Safe Work Australia.
What is on the label?

The label must be in English and contain the following:
Name of the product;
The name, Australian address and business telephone number of either the
manufacturer or importer;
Identity and proportion disclosed, in accordance with Schedule 8 of the WHS

Regulations for each chemical ingredient;
Any hazard pictogram(s), hazard statement(s), signal word and precautionary

statement(s);
Any information about the hazards, first aid, and emergency procedures relevant
to the chemical, which are not otherwise included in the above;
The expiry date of the chemical, if applicable.
If the manufacturer has amended an SDS, the label should be changed to ensure that it
is consistent with the information in the amended SDS.
The WHS Regulations (Schedule 9) include special provisions for specific circumstances
including:
49
Small containers;
Research chemicals or samples for analysis;

Decanted or transferred hazardous chemicals;
Hazardous chemicals with known hazards that are not supplied to another
workplace;
Hazardous waste products;
Hazardous chemicals classified in the explosive hazard class;
Hazardous chemicals that are dangerous goods packaged for transport and in
transit;
Consumer products;
Agricultural or veterinary chemical products;
Products containing nanomaterials.
Further information on what a label is required to include for those specific circumstances
described above are included in the Labelling of Workplace Hazardous Chemicals Code of
Practice 2011 .
When is a label under the WHS Regulation not required?

There are several types of hazardous chemicals that are excluded from the labelling
provisions or exempted from coverage from all provisions in Part 7.1 of the WHS
Regulation.
Dual use products

Some hazardous chemicals may be intended for supply to both the consumer household
markets and workplaces in identical containers and packaging. These products are
sometimes referred to as dual use products. A dual use product label need only comply
with the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP) labelling
requirements. If the manufacturer or importer determines that the use handling and
storage of the product are predominantly related to a work activity, the label must meet
WHS requirements.
What is a Hazard?
A hazard is something with the potential to cause harm.
This is the definition of hazard for the purpose of the How to Manage Work Health and
Safety Risks Code 2011 . This definition is consistent with the description used in general
Australian industry standards, which define a hazard as:
A source or a situation with a potential for harm in terms of human injury or illhealth, damage to property, damage to the environment, or a combination of
these;
50

A source or situation can include substances (both hazardous and dangerous),

plant, work processes and/or other aspects of the work environment.
Hazard Identification
The first step in the risk management process is to identify workplace hazards. This
means looking for those things at the workplace that have the potential to cause harm.
To begin identifying hazards, simply ask the question, Does this task/activity/
situation/event have the potential to harm a person?
Another way is to ask the question What if? For example, when inspecting a
construction site, ask What if children could walk unaccompanied onto the site?
These are proactive ways to identify hazards. Hazards can also be identified from records
of past accidents and near misses.
High Risk Activities

Demolition work includes any work to demolish, deconstruct or dismantle a structure, or
part of a structure that is load-bearing or otherwise related to the physical integrity of
the structure. Demolition work involves hazards for which potential exposure must be
controlled, including:
Falling objects, including part or all of a structure or debris;
Being struck or crushed by operating mobile plant;
Airborne contaminants, such as asbestos or silica.
The Work Health and Safety Regulation 2011 (WHS Regulation) requires that demolition
work be carried out by an appropriately licensed person conducting a business or
undertaking (PCBU). View more information about demolition licences.
The WHS Regulation also requires that certain types of demolition work be notified to
Workplace Health and Safety Queensland. More information about the types of work that
must be notified is provided below. Download Form 67 - Notification of demolition work.
Note, the WHS Regulation excludes certain types of work from the definition of
demolition work, including:
The dismantling of formwork, falsework or other structures designed or used to

provide support, access or containment during construction work;
51
The removal of power, light or telecommunication poles.

There are other requirements in the WHS Regulation which may apply to demolition or
dismantling of a structure. For example when demolition of a structure or plant
containing asbestos occurs,
other notifications
maybe required.
Categorizing Hazards
Workplace hazards are not always obvious. Many workplace hazards are environmental,
for example slippery floors, unguarded machines, poor lighting and solvent vapours.
Others are concealed or not readily visible, like electricity, gases or high frequency noise.
Some hazards can result in long-term health effects rather than an immediate injury. For
example, exposure to loud noise over a period of time can result in hearing loss.
To assist in identifying hazards, they may be categorised as follows:
The obvious hazard is apparent to the senses (e. g. unguarded machinery,

building defects, faulty electrical equipment);
The concealed hazard is not apparent to the senses (e. g. electricity, presence of
toxic vapours, or high frequency noise);
The developing hazard cannot be recognised immediately and will develop over
time (e. g. a worn tyre on a mobile crane and frayed steel cables); and
The transient hazard is an intermittent or a temporary hazard (e. g. overload of

machinery, when a confined space permit has expired, a sticking safety valve on a
boiler, intermittent electrical or mechanical defect).
It is important to remember that a hazard may become more obvious and easily
identifiable when a person actually performs a task.
Risk Management Process
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Risk Management Techniques

Effective risk management starts with a commitment to health and safety from those
who operate and manage the business or undertaking. You also need the involvement
and cooperation of your workers, and if you show your workers that you are serious
about health and safety they are more likely to follow your lead.
To demonstrate your commitment, you should:
Get involved in health and safety issues;
Invest time and money in health and safety;
Ensure health and safety responsibilities are clearly understood.
A step-by-step process
A safe and healthy workplace does not happen by chance or guesswork. You have to
think about what could go wrong at your workplace and what the consequences could be.
Then you must do whatever you can (in other words, whatever is reasonably
practicable) to eliminate or minimise health and safety risks arising from your business
or undertaking.
This process is known as risk management and involves the four steps set out in this
Code (see Figure 1 below):
identify hazards find out what could cause harm
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assess risks if necessary understand the nature of the harm that could be caused by
the hazard, how serious the harm could be and the likelihood of it happening
control risks implement the most effective control measure that is reasonably
practicable in the circumstances
review control measures to ensure they are working as planned.
Many hazards and their associated risks are well known and have well established and
accepted control measures. In these situations, the second step to formally assess the
risk is unnecessary. If, after identifying a hazard, you already know the risk and how to
control it effectively, you may simply implement the controls.
Risk management is a proactive process that helps you respond to change and facilitate
continuous improvement in your business. It should be planned, systematic and cover all
reasonably foreseeable hazards and associated risks.
Consulting your workers
Section 47: The WHS Act requires that you consult, so far as is reasonably practicable,
with workers who carry out work for you who are (or are likely to be) directly affected by
a work health and safety matter.
Section 48: If the workers are represented by a health and safety representative, the
consultation must involve that representative.
Consultation involves sharing of information, giving workers a reasonable opportunity to
express views and taking those views into account before making decisions on health and
safety matters.
Consultation with workers and their health and safety representatives is required at each
step of the risk management process. By drawing on the experience, knowledge and
ideas of your workers you are more likely to identify all hazards and choose effective
control measures.
You should encourage your workers to report any hazards and health and safety
problems immediately so that risks can be managed before an incident occurs.
If you have a health and safety committee, you should engage the committee in the risk
management process as well.
Consulting, co-operating and co-ordinating activities with other duty holders
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Section 46: The WHS Act requires that you consult, co-operate and co-ordinate
activities with all other persons who have a work health or safety duty in relation to the
same matter, so far as is reasonably practicable.
Sometimes you may share responsibility for a health and safety matter with other
business operators who are involved in the same activities or who share the same
workplace. For example, if you engage on-hire workers as part of your workforce you
share a duty of care to these workers with the business that provides them. In these
situations, you must discuss the hazards and risks associated with the work and what
precautions will be taken with the on-hire firm.
Never assume that someone else is taking care of a health and safety matter. Find out
who is doing what and work together with other duty holders in a co-operative and coordinated way so that all risks are eliminated or minimised as far as reasonably
practicable.
When entering into contracts you should communicate your safety requirements and
policies, review the job to be undertaken, discuss any safety issues that may arise and
how they will be dealt with. Remember that you cannot transfer your responsibilities to
another person.
When should a risk management approach be used?

Managing work health and safety risks is an ongoing process that is triggered when any
changes affect your work activities. You should work through the steps in this Code
when:
Starting a new business or purchasing a business;
Changing work practices, procedures or the work environment;
Purchasing new or used equipment or using new substances;
Planning to improve productivity or reduce costs;
New information about workplace risks becomes available;
Responding to workplace incidents (even if they have caused no injury);
Responding to concerns raised by workers, health and safety representatives or

others at the workplace;
Required by the WHS regulations for specific hazards;
It is also important to use the risk management approach when designing and planning
products, processes or places used for work, because it is often easier and more effective
to eliminate hazards before they are introduced into a workplace by incorporating safety
features at the design stage.
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The risk management process is the key to systematically managing safety in

the workplace.
When carrying out a risk assessment, determine the risks that have the greatest
potential to cause harm and a greater likelihood of occurring. These risks are controlled
first, followed by the less serious risks.
Risk Probability Chart
Risk Probability and Frequency

Risk is the likelihood that a harmful consequence (death, injury or illness) might result
when exposed to the hazard.
Risk management includes an assessment of the probability of injury or illness, and the
likely or possible severity of that risk.
Risk can be quantified as a function of the likelihood of occurrence of the potential harm
arising from the hazard and the severity of consequences measured by the value of the
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damage the harm could cause. The amount of risk is affected by the likelihood of the
occurrence (event) and the severity of the consequence that may occur.
A hole in the ground is a hazard, but the extent of the hazard depends on how big the
hole is, whether it's fenced off, whether it's easily visible, etc.
Exposure
This is a question of:
How people are exposed to the hazard;
How many people are exposed to the hazard;
How often they are exposed to it; and
How long they are exposed to it.
Hierarchy of Control Measures
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Types of Control Measures
The control measures can be divided into three levels:
The highest level includes measures that address the hazard at the source, or
where it comes from (i. e. elimination, substitution);
The second level measures intervene in the hazards course between the source
and a worker (i. e. isolation or engineering);
The third and lowest level measures are implemented at the point of the
worker (i. e. administrative controls, personal protective equipment).
Potential Consequences
The severity or range of the potential consequences resulting from an incident
can be determined by a number of factors, such as:
How much harm the hazard could do;
How many people it could affect;
Whether the harm would be short or long term.
Types of Risk Assessment

Operational risk assessment is conducted immediately before the work starts.
Workplace health and safety risk management is an ongoing process and must
be undertaken at various times including:
NOW, if it has not been done before;
When planning or making a change;
After an incident (and/or a near miss);
At regular or scheduled intervals appropriate to the nature of the workplace and

the hazards present;
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When legislative obligations change (including regulations);

Before work starts.

High-risk activities which include:
Tilt-up and precast construction work;
Structural alterations that require temporary support to prevent collapse;
Moving powered mobile plant at the workplace;
Working on a telecommunications tower;
Working in, over or adjacent to water where there is a risk of drowning;
Working on, or adjacent to, a road or railway;
Working on or near a pressurised gas distribution mains and consumer piping;
Working on or near a chemical, fuel or refrigerant line;
Work near an exposed energised electrical installation;
Work in an area that may have a contaminated or flammable atmosphere;
Work in an area where there are artificial extremes of temperature.
Sources of Hazards
Sources of hazards can be when there is:
Lack of training or supervision;
Inadequate work practices;
Poorly designed equipment or workplaces;
Poorly maintained or installed equipment.
What is Risk?
Risk is the combination of the likelihood of an occurrence of a hazardous event and the
severity (likelihood) of injury or ill health that can be caused by the event.
Risk is the likelihood that a harmful consequence (death, injury or illness) might result
when exposed to the hazard.
Risk can be quantified as a function of the likelihood of occurrence of the potential harm
arising from the hazard and the severity of consequences measured by the value of the
damage the harm could cause. The amount of risk is affected by the likelihood of the
occurrence (event) and the severity of the consequence that may occur.
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Risk Assessment & Control
Protection from Falling Objects

Principal contractors and relevant people must take precautions to ensure that objects do
not fall onto or hit people doing construction work and people in adjoining areas.
For housing and civil construction work, principal contractors must assess the risk from
falling objects and use controls to prevent or minimise the risks. The controls chosen
must comply with any regulatory requirements.
For construction work that is not civil or housing construction work, the principal
contractor must implement one of the following controls based on the angle between the
highest point where work is to be carried out and the line where the control will be
placed:
Barricade or hoarding at least 900mm high less than or equal to 15 degrees;
Hoarding at least 1800mm high greater than 15 degrees and less than or equal to
30 degrees;
Fully sheeted hoarding at least 1800mm high greater than 30 degrees; and
If the angle is equal to or more than 75 degrees and not demolition work or work
erecting or dismantling formwork:
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Erect a gantry;
Close the adjoining area;
Erect a catch platform with vertical sheeting or perimeter screening.

For demolition work or work to erect or dismantle formwork, the principal

contractor must:
Close the adjoining area; or
Erect perimeter containment screening.
However, if permission to close the adjoining area is withheld and perimeter containment
screening cannot be erected, the principal contractor must ensure that another control
measure is implemented to prevent objects falling on or otherwise hitting members of
the public.
The public must be kept out of an adjoining area where loads are being lifted, unless a
gantry that would withstand the force of the load if it fell, has been provided.
Demolition Work
Demolition work includes any work to demolish, deconstruct or dismantle a structure, or
part of a structure that is load-bearing or otherwise related to the physical integrity of
the structure. Demolition work involves hazards for which potential exposure must be
controlled, including:
Falling objects, including part or all of a structure or debris;
Being struck or crushed by operating mobile plant;
Airborne contaminants, such as asbestos or silica.
Asbestos Removal
Friable asbestos - class A licence
A 'class A' licence is for businesses removing any amount of friable asbestos (material
that contains asbestos and is in a powder form or that can be crumbled, pulverised or
reduced to a powder by hand pressure when dry). Class A licence holders must ensure
the removal of friable asbestos is directly supervised by a nominated supervisor.
Non-friable (bonded) asbestos - class B licence

Note: since the implementation of the harmonised work health and safety legislation on 1
January 2012, class B licences will be issued to persons conducting a business or
undertaking and not individual workers.
A class B licence only covers work for the removal of more than ten square metres (equal
to about four standard sheets of plasterboard) of non-friable asbestos or any asbestos
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contaminated dust or debris associated with the removal of more than ten square metres
of non-friable asbestos. The licence does not authorise the removal of friable asbestos
Non-friable asbestos materials include asbestos cement sheeting, often called fibro, used
in many Queensland buildings before 1990. The sheeting was used for cladding, roofs
and fences and can often be found as backing boards in wet areas like kitchens and
bathrooms.
Class B licence holders must ensure that a nominated supervisor is on site or readily
available to workers conducting the removal of non-friable asbestos.
Although a licence is not required to remove ten square metres or less of non-friable
asbestos material, all asbestos removal work must be carried out properly using safe
work procedures (refer to the WHS Regulation 2011 and asbestos removal code of
practice for more information).
Asbestos removal licences issued after the commencement of the Work Health and
Safety Regulation 2011 are valid for a period of five years.
Important: holders of valid asbestos removal certificates issued under the Work Health
and Safety Regulation 2011 have been issued with a letter extending the validity of their
certificate until 31 December 2013. This applies despite any other expiry date on their
certificate. Attached to the letter is a tear off slip with the licence holder's name, expiry
date of 31 December 2013 and the class of asbestos removal for which they are licenced.
Under the new harmonised legislation any business conducting class A asbestos removal
work will need to apply for a new class A asbestos removal licence in order to continue
operating from 1 January 2014.
To conduct class B asbestos removal work from 1 January 2014 a person conducting a
business or undertaking (PCBU) will need to apply for a new class B asbestos removal
licence.
Fall from Heights

Falls from height are the most common cause of fatalities on building and construction
sites.
There are solutions to every fall hazard problem. These include:
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Properly erected scaffolding;
Catch platforms;
Meshed in guardrails;
Access towers;
Mobile scaffolding;
Elevating work platforms;
Nets;
Penetration covers;
Fall arrest equipment full body harness, lanyards, shock absorbers, inertial
reels, static lines.
Safe Work Method Statements

Work method statements can assist relevant people to consider how certain activities will
be carried out safely.
The purpose of a SWMS is:
To outline a safe method of work for a specific job;
To provide an induction document that workers can read and understand before
commencing a job;
To meet legal requirements regarding the identification and control of hazards

that can be anticipated and/or that may arise in the carrying out of work;
To enable proper planning to ensure that adequate resources are allocated,

possible problems are identified and that work is carried out in a safe manner;
To provide an opportunity for consultation, with those carrying out the work on
the subject of the SWMS.
Change in Activity
Work method statements can assist relevant people to consider how certain activities will
be carried out safely.
Work method statements must be easy to understand, signed and dated.
The work method statement must be amended if there is a change in the activity and a
copy must be given to the principal contractor. All people affected by changes must be
advised of amendments to the work method statement.
The work method statement must be readily available for inspection. It must also be
reviewed each year and amended if necessary.
An SDS should be written so that it can be easily understood by everyone and the
number of pages should be kept to a minimum.
SWMS Monitoring
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The work method statement must take into account the principal contractors
construction safety plan and also state:
The high-risk construction activity;
The persons ABN;
The control measures to be used;
The way the activity will be performed;
How the control measures will be monitored and reviewed;
Any relevant prescribed occupations.
SWMS Not Required
A relevant person doing construction work needs to prepare a work method statement
for high-risk activities including:
Where a person is:

o
To enter a trench more than 1. 5 metres deep
Using explosives
Using a confined space
Using a hazardous substance
If a person could fall:

o
At least 3 metres for housing construction work, or
At least 2 metres for other construction work
Working on a roof with a pitch greater than 26;
Where the principal contractor concludes an activity could result in death or bodily
harm;
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(prescribed activities);
Tilt-up and precast construction work;
Structural alterations that require temporary support to prevent collapse;
Moving powered mobile plant at the workplace;
Working on a telecommunications tower;
Working in, over or adjacent to water where there is a risk of drowning;
Working on, or adjacent to, a road or railway;
Working on or near a pressurised gas distribution mains and consumer piping;
Working on or near a chemical, fuel or refrigerant line;
Work near an exposed energised electrical installation;
Work in an area that may have a contaminated or flammable atmosphere;
Work in an area where there are artificial extremes of temperature.

Perimeter Fencing
Unauthorised visitors (including children) may not be deterred by warning signs, have no
awareness of the dangers that may be present on a residential building site and have no
idea of the risks that they may be exposed to once they have entered a site.
These risks can include serious injury from falls from partially constructed houses and
scaffolding, electric shock from live cables, drowning in open excavations, suffocation
or crushing from collapsing material, coming into contact with hazardous substances,
protruding objects, falling onto protruding reinforcement bars etc.
Ideally, all hazards and risks should be eliminated on the site, but this is not always
achievable. Fencing can be an effective way of restricting unauthorised entry to a
housing construction site when hazards are present.
The builder should strongly consider installing a fence around a housing
construction site when it is:
In the proximity of a school or on a route travelled by children to and from school;
Close to parks or recreational areas;
In a built up area.
Amenities
The builders own employees need amenities, as well as the builders contractors and
their employees, and visitors to the site.
Amenities are those facilities provided for a housing construction site to provide for the
health, safety and welfare of persons working on that site and include the following:
Meal and shelter facilities;
Toilets;
Washing facilities;
Drinking water.
Dangerous Goods
Dangerous goods have the potential to cause immediate harm to people, property and
the environment due to the possibility of a fire, explosion, release of toxic, flammable, or
corrosive materials during a storage or handling incident.
These materials may be dangerous because of one or more of the following
properties:
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An ability to cause or accelerate combustion;

Acute toxic effects;
An ability to cause corrosion of skin and other materials;
Capacity to harm the environment;
Potential to cause asphyxiation by displacement of oxygen;
Temperature or pressure hazards;
Ability to react with other materials adversely.
SDS
An SDS should be written so that it can be easily understood by everyone and the
number of pages should be kept to a minimum.
Unknown Substances/Unlabelled Containers
If the container is not labelled and the contents of the container not known, the
container should be:
Marked, Caution do not use: unknown substance;
Stored away from other substances where it cannot be used until its contents can
be identified and the container appropriately labelled.
If the contents cannot be identified, they should be disposed of following consultation

with the relevant local Authority.
Exposure to Hazardous Substances

The following questions should be answered when inspecting and evaluating
exposure:
1. Is the hazardous substance released or emitted into the work area?
In determining whether a hazardous substance is released or emitted into a work area,
the following should be considered:
Evidence of contamination; that is dust or fumes visible in the air or on surfaces,

substance visible on a persons skin or clothing, odour of substance, visible leaks,
spills or residues. Note: the use of odour should be used with caution as it is not
necessarily an indicator of the levels permitted by Regulation;
Handling substances, for example, powders not in containers;
Chemical splashes; and
Workers experience or symptoms of exposure.
1. Are workers exposed to the hazardous substance through inhalation,

ingestion, skin or eye contact, or is there a possibility of accidental injection
into the body?
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It is important to identify the types of exposure which might affect workers. Workers
involved in production, repairs, maintenance, cleaning or office work may all face
different types of exposure. Also consider contractors on site and people who might be
exposed in an emergency such as a chemical spill, leak or fire.
People may be exposed by:
Working directly with the hazardous substance;
Working near or passing through areas in which the hazardous substance is

stored, transported, disposed of, or produced by discharge of emissions, e. g.
exhaust;
Entering a confined space in which the hazardous substance might be present; or
Cleaning, performing maintenance or other work in areas where the hazardous

substance might be present.
2. How much are workers and other persons exposed to hazardous substances
and for how long?
It is important to identify the amount of hazardous substances to which workers are
exposed and the length of time over which exposure occurs. In particular, remember that
exposure standards for hazardous substances are calculated on a daily 8 hour exposure.
Where workers have been exposed in excess of 8 hours during their working day
specialist help may be needed to apply the exposure standard.
In identifying how much and for how long, ask:
What degree of exposure is expected?
Does exposure occur intermittently or continuously?
Does exposure occur frequently?
What are the different routes of exposure?
How many workers are exposed?
3. What control measures are used or proposed? Are the existing control
measures effective, properly used and maintained?
During a walk-through inspection, the following points should be considered:
Are any engineering controls in place, such as, isolation or enclosure of

processes?
Are effective general ventilation and local exhaust ventilation systems in place
effective and adequately maintained?
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Are workers trained in the proper use and maintenance of control measures?
Do work practices ensure safe handling?

Are appropriate personal protective clothing and equipment used and maintained
in a clean and effective condition? Are facilities for changing, washing and eating
meals maintained in good condition? Good personal hygiene practices can help
reduce worker exposure to a hazardous substance.
Are good housekeeping practices in place?
Are all hazardous substances stored correctly?
Is disposal of waste appropriate?
Are appropriate emergency procedures and equipment in place (for example, eye
wash, safety shower, etc)?
4. Are there any risks associated with the storage and handling of the
hazardous substance?
The risk associated with the storage and handling of a hazardous substance in the
workplace often relates to spillage and fire. Under these circumstances, workers might be
exposed briefly but at high concentrations, i. e. the exposure is acute. As a result, the
hazardous substance may also be classified as dangerous goods. These risks are different
from those associated with day-to-day exposure, and should be considered separately.
Hazardous Substances
The Work Health and Safety Regulation 2011 sets out the requirement of a Relevant
Person who is an Employer to
Give a worker who may be exposed to a hazardous substance induction and

ongoing training about the substance having regard to the level of risk identified
in the risk assessment and the workers who may be exposed to the substance;
and
Keep a record of the induction and training for 5 years stating the date of the
session, the topics dealt with, the name of the person who conducted the session,
and the names of the workers who attended.
Confined Spaces
Training
A competent person is likely to be someone who has successfully completed an
adequate training course with a recognised training provider. They should be able to
demonstrate knowledge in identifying and managing confined space hazards. They should
have skills and abilities in correctly completing risk assessments, written authorities and
emergency procedures. They should also have experience in working with confined
spaces and regularly undergo refresher courses.
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Stand-by person
Where the risk assessment indicates a risk to health and safety, the control measures
shall require a stand-by person or persons to be outside the confined space while it is
occupied.
Plant & Equipment

It is always good practice to ensure you check the machinery before every use as things
may have changed between each use. Even if the time period is relatively short, moving
parts may have shifted or other persons may have tampered with the plant since you last
used it.
Noise
Noise is unwanted sound that may damage a persons hearing.
Exposure to too much noise for too long can make people deaf. However, the onset of
deafness can be slow. Often workers don't realise that their hearing is being destroyed.
They may think they have got used to the noise on the worksite. They have not. It is just
that their ears have already been so damaged that the surrounding noise does not seem
as loud as before. Sometimes people will deny that they are having trouble hearing.
Try to move noisy machinery away from workers. If they cannot be done, people in the
noisy zone should wear WorkCover approved ear muffs or plugs. They'll cut down the
noise by 20 to 30 per cent. Ear muffs or plugs must be worn all the time the worker is in
the noisy zone. Wearing them for only part of a noisy shift drastically reduces the
protection.
Everything below the blue dotted line is an acceptable level of decibel noise without the
need for hearing protection.
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Personal Hearing Protection

A personal hearing protector is a device, or pair of devices, designed to be worn over or
inserted in the ears of a person to protect hearing. Personal hearing protectors should be
used when levels of excessive noise cannot be reduced by using other control measures.
Workers or others at the workplace should be:
Supplied with personal hearing protectors of correct rating and suitable for the
work conditions;
Instructed in their correct usage;
Instructed to wear them when exposed to noise;
Monitored to ensure they wear hearing protection.
Common Gases
Damage to services can cause gas escapes which may lead to fires or explosions if an
ignition source is present.
There are two types of leaks following damage to the service:
Damage which causes an immediate escape. In this case, there is a risk to those
working at the site;
Damage which causes an escape sometime after the incident. This may be
through damage which weakens the service casing or the result of poor
reinstatement practice. In this instance, the public is mainly at risk.
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Elevated Work Platforms

Observe the following safety rules when operating powered platforms:
The travel speed at Maximum Travel Height should not exceed 3 feet (0. 9m) per
second;
The surface upon which the unit is being operated must be level with no
hazardous irregularities or accumulation of debris which might cause a moving
platform to overturn.
Units are to be assembled, used, and disassembled in accordance with the

manufacturer's instructions;
Units shall be assembled, and used only by personnel who have been trained in
their use.
Equipment must be inspected for damaged and defective parts before use;
Avoid loaded lifts in excess of the design working load and remove the unit from
service for repairs when damaged or weakened from any cause;
Avoid use of lifts during high winds or storms;
Ensure that small tools etc. are shielded from falling on persons required to pass
under the equipment.
Scaffolding
A person erecting or dismantling scaffolding 3 metres or more in housing construction or
2 metres or more in other construction must:
Be prevented from falling;
Use a fall arrest harness system; or
Immediately install platforms, edge protection and a means of access as each

level is erected and retain a full deck of platform until the platforms are
transferred.
Ladders
Ladders must be in good condition, free from splits, or broken or loose rungs.
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Follow the 1:4 base: height ratio rule with ladders. For example, the foot of a four metre
ladder should be at least one metre away from the wall against which the ladder is
leaning.
Make sure the top of the ladder extends at least one metre above the lading. It should be
securely fixed at top and bottom and footed securely on a firm and level foundation.
Never put ladders in front of doorways, or closer than 4. 6 metres to bare electrical
conductors (sometimes it is safe to put them closer than this - it depends on what
material the ladder is made of and how likely the ladder is to conduct electricity.
Electrical current can jump from a conductor to an aluminium ladder without any
contact).
When working with or on electrical equipment, use only wooden ladders. Do not use
metal or wire-reinforced ladders when working near exposed power lines.
Only one person should be on a ladder at a time, and tools should be pulled up with a
rope.
Workers on ladders should never over-reach. Workers ascending or descending should
face the ladder.
Two ladders must never be joined together to form a longer ladder.
Ladders should not be placed against a window.
The ladder must have a load rating of not less than 120kg and be:
Secured against movement at or near its top or bottom, for example, by tying or
clamping;
Manufactured for industrial use;
Used only for the designed purpose;
Not more than 6. 1 metres for a single ladder;
Not more than 9. 2 metres for an extension ladder used for electrical work or 7. 5
metres for other work;
On a firm and stable surface;
Erected at an angle between 70 and 80;
Extended at least 1 metre above a surface being accessed.
Section 3: OHS Communication and

Reporting Processes
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Construction Safety Plans

A construction safety plan can assist principal contractors to manage their workplace
health and safety obligations.
A principal contractor must prepare a construction safety plan before construction work
starts.
The plan must state:
Workplace address;
Name and address of the principal contractor;
Principal contractor's ABN;
Whether there is a WHS committee;
Whether there is a WHS Officer appointed;
Expected start date;
Estimated duration of the work;
Type of construction;
Plant provided for common use;
Site rules;
The risks the principal contractor is obliged to manage;
Proposed control measures for the risks;
How the controls will be implemented;
Arrangements for monitoring and reviewing controls;
Emergency procedures;
Public safety strategies.
The plan must be written so it is easy to understand, signed and dated by the principal
contractor. It must be available for the length of the project.
The principal contractor must sign and date work method statements that have been
received and keep them with the plan, as well as monitor their implementation.
The principal contractor cannot allow work to start unless:
The plan has been discussed with or a copy given to all relevant people;
The plan is available or readily available for inspection.
The plan must be amended if there are changes in how risks will be managed.
The principal contractor must inform any affected person of the change.
Authorisations
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Authorisations (e. g. licences, permits and registrations) are required for certain types of
work, some workplaces and the use of some plant.
Workplaces (Section 41)

The WHS Regulation requires some workplaces (e. g. major hazard facilities) to be
approved or authorised. A person must not conduct a business or undertaking, or direct
or allow a worker to carry out work, if the workplace is not authorised in accordance with
the WHS Regulation.
Plant (section 42)
A PCBU must not direct or allow a worker to use plant or equipment if it is not
authorised.
Under the WHS Regulation, the following items of plant require registration of their
design:
Pressure equipment, other than pressure piping;
Gas cylinders covered by Part 1. 1 of AS2030. 1;
Tower cranes, including self-erecting tower cranes (excluding cranes or hoists that
are manually powered, scissor lifts, vertically moving platforms and tow trucks);
Lifts, including escalators and moving walkways;
Building maintenance units;
Hoists with a platform movement exceeding 2. 4 metres, designed to lift people;
Work boxes designed to be suspended from cranes;
Amusement devices covered by section 2. 1 of AS3533 (except playground

structures, water slides, wave generators, sealed inflatable devices and inflatable
devices that do not use a non-return valve);
Concrete placement units with delivery booms;
Prefabricated scaffolding and prefabricated formwork;
Boom type elevating work platforms;
Gantry cranes with a safe working load greater than 5 tonnes, or bridge cranes
with a safe working load of greater than 10 tonnes, and any gantry crane or
bridge crane which is designed to handle molten metal or Schedule 11 hazardous
chemicals;
Vehicle hoists;
Mast climbing work platforms;
Mobile cranes with a rated capacity of greater than 10 tonnes.
Under the WHS Regulation the following items of plant and equipment require to be
registered:
Certain boilers and pressure vessels;
Tower cranes, including self-erecting tower cranes (excluding cranes and hoists
that are manually powered);
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Lifts, including escalators and moving walkways;
Building maintenance units;
Amusement devices covered by section 2. 1 of AS3533 (except playground

structures, water slides, wave generators, sealed inflatable devices and inflatable
Devices that do not use a non-return valve);
Concrete placement units with delivery booms;
Mobile cranes with a rated capacity of greater than 10 tonnes.
Work (Section 43)

A PCBU must not direct or allow a worker to carry out work if it is required to be done by
an authorised person. Under the WHS Regulation, the following high risk work must only
be performed by people who have been authorised (i. e. licensed) to carry out that
particular type of work:
Scaffolding;
Dogging and rigging;
Crane and hoist operation;
Operating reach stackers;
Forklift operation;
Pressure equipment operation.
Prescribed qualifications and experience (Section 44)
The WHS Regulation requires the following types of work only to be carried out or
supervised by a person with prescribed qualifications or experience:
Driving:
General driving work (section 171 and 177 WHS Regulation)
Incidental driving work (section 172 WHS Regulation)
Limited scientific driving work (section 173 WHS Regulation)
High risk driving work (sections 183 and 184 WHS Regulation)
Plant:
Maintenance, repair, inspection and testing of registered mobile cranes and tower
cranes (section 235 WHS Regulation);
Maintenance, repair, inspection and testing of amusement devices (sections 240

and 241 WHS Regulation);
Verification of plant design (section 252 WHS Regulation).
Construction:
All construction work (requires general construction induction training sections

316 and 317 WHS Regulation).
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Management of asbestos:
Identification of asbestos at a workplace (section 422 WHS Regulation).
Asbestos related work:
Air monitoring of the work area where asbestos related work is being carried out
(section 482 WHS Regulation).
In the case of asbestos removal work, the WHS Regulation requires the:
Asbestos removalist to be licensed (section 458 WHS Regulation);
Nominated asbestos removal supervisor to be competent;
Asbestos removal worker to hold certification in relevant units of competency

(section 460 WHS Regulation);
Clearance inspection for non-friable asbestos removal work to be undertaken only

by competent person (section 473 WHS Regulation);
Clearance certificate in relation to non-friable asbestos removal work to be issued

only by a competent person (section 474 WHS Regulation);
Air monitoring during friable asbestos removal work to be undertaken only by a

licensed asbestos assessor (section 489 WHS Regulation);
Clearance inspection for friable asbestos removal work to be undertaken only by a

licensed asbestos assessor (section 489 WHS Regulation);
Clearance certificate in relation to friable asbestos removal work to be issued only

by a licensed asbestos assessor (section 489 WHS Regulation).
Recording Workplace Incidents

You are required by law to report incidents in the workplace where there is:
Serious bodily injury;
Work caused illness;
Dangerous event;
Dangerous electrical event;
Serious electrical incident;
Major accident under the DGSM Act.
Workplace Health & Safety Obligations
A person who conducts a business or undertaking is considered a relevant

person and can include:
Employers;
Self-employed people;
Volunteer organisations.
Meeting your workplace health and safety obligations involves:

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Providing and maintaining a safe and healthy work environment;
Providing and maintaining safe plant;
Ensuring the safe use, handling, storage and transport of substances;
Ensuring safe systems of work;
Providing information, instruction, training and supervision to ensure health and

safety.
Notifiable Incidents
Employers and self-employed
Under the Work Health and Safety Regulation 2011 you are required to inform Workplace
Health and Safety Queensland if the following events happen at the workplace:
Serious bodily injury;
Work caused illness;
Dangerous event.
You should advise your employer of:
All workplace accidents even when you only receive minor injuries;
All workplace incidents (including near misses).
Duty to preserve incident sites

The person with management or control of relevant premise at which a notifiable incident
has happened must ensure, so far as is reasonably practicable, that the site where the
incident happened is not disturbed until an inspector arrives at the site or any earlier
time that an inspector directs.
Note* A relevant person must keep a record of each notifiable incident for at least 5
years from the day that notice of the incident is given to the regulator.
Non Serious Incidents
Although you do not have to notify Workplace Health and Safety Queensland about nonnotifiable incidents, it is important to record and investigate ALL incidents including 'near
misses' so that action can be taken to prevent similar incidents occurring in the future.
It also provides a good record such that more serious incidents can be avoided.
How are hazards identified?
Hazards can be identified in a number of ways. For example:
Workplace inspections;
Examining records of incidents and dangerous occurrences in the workplace;
Keeping up to date with information released about particular products and

processes;
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Contact with other workplaces using similar processes; or
If you have a large site with several contractors and employees - by consulting
the Health and Safety Representative and employees from that site.
General Induction Training

General induction training teaches people the knowledge and skills described in the unit
of competency to 'Work Safely in the Construction Industry'.
General induction is a structured training course that has a nominal duration of 6 hours
in the classroom or can be done online in a few hours. .
The course assessment will require the demonstration of all the elements of induction
training as specified in the unit of competency.
Upon successfully completing the course a laminated card will be provided to you. It will
have a serial number and should contain your signature and the date of the course.
As of January 2012, under the Work Health and Safety (WHS) Act , WorkCover NSW
accept interstate ONLINE White Cards - (NTIS course CPCCOHS1001A) for NSW
residents.
You ONLINE QLD White Card course - Work Safely in the Construction Industry
CPCCOHS1001A is from the CPC08 Construction, Plumbing and Services Integrated
Framework Training Package. This is a NATIONALLY recognised under the Australian
Quality Training Framework, ASQA & as of January 2012 , is accepted by WorkCover
NSW for residents of New South Wales.
Under Work Health and Safety (WHS) legislation , everyone working on construction sites
(including owner builder projects) must be deemed to be competent, and are therefore
required to successfully complete this course.
This WorkCover approved course is compulsory for anyone entering the building and
construction industry who is over 14 years of age (including volunteers , full time
students on Work Experience programmes and/or students seeking casual employment )
or anyone who has been out of the industry for more than 2 years.
The course (the one you are sitting right now) will cover the following
elements:
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OHS Legislative Requirements;
Construction hazards and control measures;

OHS communication and reporting processes;
OHS incident response procedures.
WH&S Inspectors
The main role of an inspector is to ensure workplaces comply with workplace health and
safety legislation. It is also part of an inspectors role to provide information and advice
on the legislation.
Inspectors visit workplaces for a variety of reasons including to:
Investigate workplace incidents;
Investigate reports of unsafe, or unhealthy conditions and dangerous work

practices;
Assess workplace health and safety risks to workers and members of the public;
Conduct workplace health and safety inspections and audits;
Provide information and advice on the legislation.
Mandatory (Must Do) Signs

The best safety signs have pictures on them so you can understand them even if you are
from a non-English speaking background.
Images that are in blue usually denote a mandatory requirement. A picture depicting a
pair of goggles will indicate that goggles MUST BE worn.
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Warning Signs
Yellow signs usually indicate warning to alert persons to dangers that may be present or
to notify them of the potential to cause harm or injury.
Serious Injury (Electrical)

Trip Hazards
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Prohibition (Do Not) Signs

The best safety signs have pictures on them so you can understand them even if you are
from a non-English speaking background.
Blue signs that depict an image will always indicate that the image carries a mandatory
or MUST DO / MUST WEAR requirement.
Whit signs with a red line through them indicate DO NOT or STOP action.
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Safe Work Method Statements (SWMS)

In terms of hierarchy of safety documentation, a SWMS generally sits within a site safety
plan. The site safety plan would most typically identify OH&S controls for all issues
relating to works on site including the requirement for a SWMS to be provided prior to
any work activity taking place.
A person conducting a business or undertaking that includes carrying out high risk
construction work in connection with a construction project must, before the high risk
construction work commences, ensure that a copy of the safe work method statement for
the work is given to the principal contractor.
A person conducting a business or undertaking must ensure that a safe work method
statement is reviewed and, as necessary, revised if relevant control measures are revised
under section 38.
If a notifiable incident occurs in connection with the high risk construction work to which
the statement relates, the person must keep the statement for at least 2 years after the
incident occurs.
The person must ensure that for the period for which the statement must be kept under
this section, a copy is readily accessible to any worker engaged by the person to carry
out the high risk construction work.
The person must ensure that for the period for which the statement must be kept under
this section, a copy is available for inspection under the Act.
There are various SWMS formats for capturing the information required to establish that
work is to be carried out safely, including the example provided. However regardless of
the format used/provided the SWMS should identify as a minimum the work to be
performed, the sequence of the work, hazards, and risks arising from the hazards and
control measures to be used to remove/minimise the risk/s.
Additional information, such as the qualifications of those performing the work, the level
of supervision to be provided, the use of any hazardous substances, the type of
plant/equipment to be used, must also be provided. This information may be captured in
the SWMS or alternatively may be referenced in the SWMS
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Section 4: OHS Incident Response

Procedures
Codes of Practice
Meeting your workplace health and safety obligations involves:
Providing and maintaining a safe and healthy work environment;
Providing and maintaining safe plant;
Ensuring the safe use, handling, storage and transport of substances;
Ensuring safe systems of work;
Providing information, instruction, training and supervision to ensure health and

safety.
How to meet your obligations?

You can meet your workplace health and safety obligations by following the law.
If a regulation or ministerial notice tells you how to prevent or minimise exposure

to a risk, you must comply;
If a regulation or ministerial notice prohibits exposure to a risk, you must comply;
If a code of practice states a way of managing exposure to a risk, you must adopt
and follow that approach or one that gives you at least the same level of
protection against the risk.
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If there is no regulation, ministerial notice or code of practice to guide you in managing a

particular risk or preventing exposure to it, you still have a workplace health and safety
obligation and you should find appropriate ways to manage exposure to any risks
that may arise. You can meet your obligation by taking reasonable precautions and
exercising due care in your work activities.
It is a requirement of the Workplace Health and Safety Act 2011 that risks must be
assessed and control measures then implemented and reviewed to prevent or minimise
exposure to the risks.

Although workplace health and safety problems can affect workers in any work situation,
not all workers face the same degree or type of risk of injury as others. Risks may vary
by, for example, the type of industry, occupation or work.
If you suspect a risk you need to stop the task immediately. You need to think about
what you are about to do, the potential risks and the likely effects on yourself and other
people.
Regardless of your role, you have a duty of care to ensure yourself and others are not
affected by any of your actions or inactions.
First Aid
A code of practice applies to anyone who has a duty of care in the circumstances
described in the code. In most cases, following an approved code of practice would
achieve compliance with the health and safety duties in the WHS Act, in relation to the
subject matter of the code. Like regulations, codes of practice deal with particular issues
and do not cover all hazards or risks that may arise. The health and safety duties require
duty holders to consider all risks associated with work, not only those for which
regulations and codes of practice exist.
Codes of practice are admissible in court proceedings under the WHS Act and
Regulations. Courts may regard a code of practice as evidence of what is known about a
hazard, risk or control and may rely on the code in determining what is reasonably
practicable in the circumstances to which the code relates.
An inspector may refer to an approved code of practice when issuing an improvement or
prohibition notice.
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A person conducting a business or undertaking has the primary duty under the WHS Act
to ensure, so far as is reasonably practicable, that workers and other persons are not
exposed to health and safety risks arising from the business or undertaking.
The WHS Regulations place specific obligations on a person conducting a business or
undertaking in relation to first aid, including requirements to:
Provide first aid equipment and ensure each worker at the workplace has access
to the equipment;
Ensure access to facilities for the administration of first aid;
Ensure that an adequate number of workers are trained to administer first aid at
the workplace or that workers have access to an adequate number of other people
who have been trained to administer first aid.
A person conducting a business or undertaking may not need to provide first aid
equipment or facilities if these are already provided by another duty holder at the
workplace and they are adequate and easily accessible at the times that the workers
carry out work.
Officers, such as company directors, have a duty to exercise due diligence to ensure that
the business or undertaking complies with the WHS Act and Regulations. This includes
taking reasonable steps to ensure that the business or undertaking has and uses
appropriate resources and processes to eliminate or minimise risks to health and safety.
Workers have a duty to take reasonable care for their own health and safety and must
not adversely affect the health and safety of other persons. Workers must comply with
any reasonable instruction and cooperate with any reasonable policy or procedure
relating to health and safety at the workplace, such as procedures for first aid and for
reporting injuries
First Aid Personnel

Workers should have access to trained first aid personnel who undertake initial
management of work caused injuries or illnesses.
If ongoing medical care or special medical assistance, for example trauma counselling, is
required, the first aid personnel should recommend that a worker seek further
assistance.
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First Aid Signs

First aid or emergency signs are always green. A first aid room is usually indicated by a
white cross on a green background.
First Aid Qualifications
In low risk workplaces, workers should have access to a person with a current Apply First
Aid qualification (or higher qualification).
A person possessing a current Apply First Aid qualification should be able to:
Undertake the initial management of injuries and illnesses occurring at

workplaces; and
Record details of first aid given.
In high risk workplaces, workers should have access to a person with a current
occupational first aid qualification.
A person with a current occupational first aid qualification should have:
Broad first aid skills like maintenance of first aid equipment; and
Knowledge of the requirements of a working environment and current workplace

health and safety legislation.
First Aid Records

A record of any first aid treatment given should be kept by the first aider and reported to
managers on a regular basis to assist reviewing first aid arrangements. First aid
treatment records are subject to requirements under Health Records legislation
A copy of the first aid record should accompany the ill or injured person if the person is
transferred to a medical service or hospital.
The original copy of the first aid records should be retained at the workplace and a copy
should be given to the worker or be available on request.
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If a notifiable incident occurs in connection with the work, you must keep the
assessment or dive plan (as the case requires) for at least 2 years after the incident
occurs
You must ensure that for the period for which the assessment must be kept a copy is
available for inspection under the Act.
Employer Responsibilities
Examples of Ways to control hazards:
Make sure handling of frozen meat is limited in time to avoid hands and fingers
losing feeling due to cold;
Rotate workers so no one person is in a cold or hot environment for long periods
of time;
Wear protective clothing. The clothing layer closest to the skin should be able to
absorb sweat, especially if the activities involve physical exertion such as lifting,
while the outside layer should be waterproof;
Ensure equipment and machinery are maintained and serviced appropriatelyt and
used according to safe operating procedures;
Flammable or Combustible substances are stormed appropriately and kept at the

lowest practicable quantity for the workplace;
Protective ear wear is worn and that the noise the worker is ex[osed to does not
exceed the exposure for standard noise;
The need for any person to enter a confined space and the risk of the person
inadvertently entering the space are eliminated so far as reasonably practicable;
You need to be aware that some people may be more sensitive to certain climates
than others.
Record Keeping
Keeping good records of the risk management process demonstrates potential
compliance with the Act with respect to controlling risks in the workplace. It also
maximises the effectiveness of the process and assists when undertaking subsequent risk
assessments (the forms in Appendix B may be of assistance).
Some of the reasons for keeping records about the risk management process
and general workplace health and safety activities include to:
Demonstrate that the process was conducted properly (e. g. to provide evidence);
Provide a record of risks;
the relevant decision makers with a risk management plan for approval and
subsequent implementation;
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Provide a responsible and accountable mechanism and tool;
Measure progress and change through continuous monitoring and reviewing;
Provide an audit trail;
Comply with legislative requirements;
Share and communicate information.
Everyone in the workplace must be aware of record keeping requirements,

including which records are accessible and where they are kept.
Fire
Fire Extinguishers
The diagram depicts the different types of fire-extinguishers available. If a green smiley
face appears in one of the boxes, then the corresponding class of fire at the top
indicates this extinguisher can be used on this fire.
A red frown face indicates that this extinguisher is not to be used on this class of fire.
Elements of a Fire
For a fire to exist it must contain 3 basic elements. These are:
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Heat;
Fuel;
Oxygen.

Personal Protective Equipment (PPE)

Personal protective equipment (PPE) refers to protective clothing, helmets, goggles, or
other garment designed to protect the wearer's body from injury by blunt impacts,
electrical hazards, heat, chemicals, and infection, for job-related occupational safety and
health for the purpose of preventing injury or illness.
PPE can include:
Hearing protective devices, such as ear muffs and ear plugs;
Respirators;
Eye and face protection, such as goggles;
Safety helmets and sun hats;
Gloves and safety boots;
Clothing, such as high visibility vests or life jackets;
When should you use it?

It is a requirement of the Workplace Health and Safety Act 2011 that risks must be
assessed and control measures then implemented and reviewed to prevent or minimise
exposure to the risks.
Personal protective equipment (PPE) and administrative controls are lowest on the
hierarchy of control measures. PPE does not control the hazard at the source and should
not be relied on as the main control measure unless it is a temporary or interim measure
or when options higher on the list of controls have been exhausted. PPE can be used
effectively in conjunction with other control measures to manage exposure to a risk.
The effectiveness of PPE as a control measure is limited as it can:
Be uncomfortable to wear;
Make working difficult;
Create other risks to a persons health and safety;
Be expensive in the long term.
Using PPE
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Make sure that:
Personal protective (PPE) is used in accordance with the manufacturers

instructions;
The PPE fits correctly;
Workers are instructed and trained in how to use it;
Appropriate signs should be displayed to remind workers where PPE must be

worn.
Working Alone
Less people might suggest that there are fewer chances of things going wrong. There are
times when working alone can be safer, however generally speaking it is more dangerous
to work alone as when things do go wrong, there is little or no chance of assistance.
This is especially true of high-risk activities. These activities should never be carried out
alone and should always be performed by a trained and supervised individual.
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SECTION 2: CONSTRUCTION HAZARDS AND CONTROL MEASURESERROR! BOOKMARK NOT DEFIN

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EMPLOYER RESPONSIBILITIES .............................................................................. 87

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The requirements for consultation between business operators, worker

The notification of incidents; enforcement procedures;

Nationally Uniform laws

Purpose of the WHS Act (section 3)

Ensure effective representation, consultation and cooperation to address health

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Encourage unions and employers to take a constructive role in improving health

Promote information, education and training on health and safety;

Provide effective compliance and enforcement measures;

Deliver continuous improvement and progressively higher standards of health and

Who is covered by the WHS Act?

What the Act will not apply to?

Coal mining (Coal Mining Safety and Health Act 1999);

A facility or plant used for geothermal exploration under the Geothermal

Where the Electrical Safety Act 2002 applies.

Explosives Act 1999;

Public Safety Preservation Act 1986;

Radiation Safety Act 1999;

Transport Operations (Road Use Management) Act 1995.

WHS Regulation and Codes of Practice

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The Work Health and Safety Act 2011;

The Work Health and Safety Regulation 2011;

Definitions (section 18)

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organisations activities. An elected member of a municipal council acting in that capacity

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Section 1: Reasonably practicable (section 18)

The availability of suitable ways to eliminate or minimize the hazard or risk;

The cost of eliminating or minimizing the hazard or risk.

All Contractors/Principal Contractors/Employers;

Their employees/workers; and

Any others who have an influence on the hazards in a workplace.

A duty of care was owed to them;

The duty was breached; and

The breach caused a detrimental effect to them, e. g. injury.

Work Health and Safety Duties

Do what the codes says; or

Take reasonable precautions and exercise due care.

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Shared Duties (Section 16)

General Duties (Sections 19-26)

Providing workers with information, instruction, training or supervision needed for

Maintaining any accommodation owned or under their management and control to

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In addition, a PCBU with management or control of a workplace must ensure, so far as is

Duty to Consult (Sections 46-49)

Appointment of WH&S Officer

Duty of Officers (Section 27)

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Duty of Workers (Section 28)

Duties of other persons at the workplace (Section 29)

Further duties of upstream PCBUs (designers, manufacturers,