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Work Health and Safety Management System

WHSMS Manual

Department of Justice
WHSMS Manual WHS 9-002

Table of contents
1. Purpose 3

2. Scope 3

3. Definitions/Abbreviations 4

4. References 6

5. Responsibilities 8

6. Work Health and Safety (WHS) Policy 10

7. Planning 11

8. Implementation and operation 13

9. Measurement and evaluation 18

10. Management review 20

11. WHSMS Manual review 21

12. Document history 22

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1. Purpose
Through leadership and individual commitment, the Department of Justice is committed to ensuring
that no person will suffer a preventable injury and/or illness. The protection of our people is
paramount. At times, we require personnel to operate in environments of high risk due to the nature
of Justice’s operations. However, at all times we will manage the risk to ensure that when risks are
undertaken they are understood, accounted for, and integrated into our plans and the way we
operate.

This WHSMS Manual defines the Work Health and Safety Management System (WHSMS) at the
Department of Justice (DoJ). It outlines the core elements required by the WHSMS and their
interaction, in compliance with AS/NZS 4801:2001 Occupational Health & Safety Management Systems
– requirements and AS/NZS 4804:2001 Occupational Health & Safety Management Systems –
specifications with guidance for use.

This Manual details the responsibilities and accountabilities together with the documents of the
system in the form of policies, procedures, forms, templates, guidelines, plans and processes that
form the Department’s WHSMS to provide a consistent approach to work health and safety within
the Department.

2. Scope
This document applies to all Department of Justice activities across the controlled entities it manages
and supports.

It applies to personnel in all Department of Justice workplaces, including:

 Department of Justice employees and workers


 Visitors to DoJ workplaces
 Inmates detained in the prison and offenders on parole or on community work orders
 Members of the public e.g. visiting court, visiting inmates, etc.

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3. Definitions/Abbreviations

3.1 Definitions

Term Definition

Consultation A discussion between management and employees on safety and health


related issues, aimed at exchanging views, ascertaining the employees’
opinions, taking these opinions into consideration, and attempting to reach
a consensus, so as to foster participation, involvement and cooperation.

Controlled Entity Department controlled entities (Outputs) include entities where DoJ can
control decision making, directly or indirectly, in relation to financial and
operating polices so as to enable the entity to operate with it in pursuing
the objectives of the Department.
Entities include:

 Direct Outputs: Tasmanian Prison Service, Supreme Court, etc.

 Indirect Outputs: Tasmanian Industrial Commission, Mental Health


Tribunal, etc.

 Indirect Outputs with Service Level Agreements: Integrity


Commission, Macquarie Point Development Corporation, etc.

Governance Defining each person’s role, responsibility and accountability within the
business for health and safety

Induction The process of introducing new workers to the company; their work, their
supervisors and their fellow workers.

Monitoring All methods of validating required safety performance including audits,


reviews, inspections, observations and investigations

Notifiable Incident Notifiable incidents are described in the WHS Act 2012 to mean, the death
of a person or a serious injury or illness of a person or a dangerous
incident.

Output A discreet division / section / component of the Department of Justice. For


example, Tasmania Prison Service, Magistrates Courts, Library Services

Risk Register A central register of all risks or several risk registers identified by the
organisation and for each risk includes a risk ranking based on likelihood
and consequence, impact and control strategies.

Safety Management A set of policies and procedures designed to address health and safety
System issues in a systematic and integrated way.

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Term Definition

Safety Plan A strategic action plan that forms part of the business plan, usually over a
year. It should have a budget.

Supervision Authorized and delegated control, direction and oversight of activities.

Worker Is a person who carries out work in any capacity for a PCBU in its
workplace.

Workplace Is a place where work is carried out, including any place where a worker
goes or is likely to be while at work.

Workplace Training Training in internal policies, procedures and practices that apply within the
workplace.
Can include accredited external training requirements, for example
emergency response.

3.2 Abbreviations

Abbreviation What it stands for

AS/NZS Australian / New Zealand Standard

DoJ Department of Justice (also known as the Agency)

ED 23 Employment Directive No.23 – Workplace Health and Wellbeing

ED 27 Employment Directive No.27 – Work Health and Safety

HSR Health and Safety Representative

PCBU Person Conducting a Business or Undertaking

SSMO State Service Management Office

WHS / WH&S Work Health & Safety

WHSEC Work Health & Safety Executive Committee

WHSMS Work Health & Safety Management System

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4. References
AS/NZS 4801:2001 Australian and New Zealand Standard Occupational health and safety management
systems – Specifications with guidance for use

AS/NZS 4804:2001 Australian and New Zealand Standard Occupational health and safety management
systems – General guidelines on principles, systems and supporting techniques

Work Health and Safety Act 2012

This is the principal legislation that drives WHS. This Act provides the framework to protect the
health, safety, and welfare of all personnel and others who might be affected by Agency
operations. The WHS Act aims to:

 Protect the health and safety of workers and other people by eliminating or minimising
risks arising from work or workplaces.
 Ensure fair and effective representation, consultation and cooperation to address and
resolve health and safety issues in the workplace.
 Encourage unions and employer organisations to take a constructive role in improving
work health and safety practices.
 Assisting Outputs and workers to achieve a healthier and safer working environment.
 Promote information, education, and training on work health and safety.
 Provide effective compliance and enforcement measures, and
 Delivering continuous improvement and progressively higher standards of workplace
health and safety.

Work Health and Safety Regulations 2012

The WHS Regulations identify specific requirements that must be implemented to address
certain categories of risk and sets out in general terms the methodology that must be used to
manage other risks specifically.

The WHS Regulations are made up of two parts. The first part is what will impact the workplace
generally, that is, those that regulate health and safety matters which are common to almost all
workplaces. The second part addresses specific high risk health and safety issues which arise as a
consequence of the type of work being performed or the type of hazards encountered within the
workplace.

Safe Work Australia Codes of Practice relevant to Agency activities

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A Code of Practice is a practical guide to achieving the standard of safety required by WHS
legislation. Codes of Practice are admissible in court proceedings and should be followed unless
there is an alternative course of action, which achieves the same or better standard of health and
safety in the workplace.

The model codes of practice issued by Safe Work Australia have been determined as appropriate
codes of practice by Worksafe Tasmania.

Australian Standards relevant to Agency activities

Australian and New Zealand Standards are developed by Standards Australia to assist in
managing specific risks. Some are called up in WHS legislation, but most are provided as
guidance.

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5. Responsibilities

5.1 Officers of the Agency


Officers of the Agency must exercise due diligence to ensure compliance by the PCBU (Crown) with
its health and safety obligations.

The Officers of the Department of Justice are the:

 Secretary
 Deputy Secretary, Corrections
 Deputy Secretary, Administration of Justice.

The Officers have a duty of due diligence to:

 Fully understand how the business operates


 Be aware of the common risks that exist within the business, in particular higher-risk hazards
 Understand the level of risk associated with each hazard
 Know what the appropriate controls for those hazards are
 Ensure appropriate resources are allocated to eliminate the risk of those hazards causing
work-related harm.

Officers must ensure that the PCBU complies with its duty to ensure safe management systems used
by the PCBU enable all persons in the workplace to be safe from work-related harm, and act
effectively to prevent work-related harm.

This means:

 Identifying hazards, risk management, resource allocation and system development.

5.2 Managers & supervisors


Managers and supervisors have a primary duty (general duty) under WHS legislation to:

 Ensure that, so far as reasonably practicable, the health and safety of workers while at work
 Ensure that so far as reasonably practicable that the health and safety of other persons is not
put at risk
 Provide and maintain a work environment without risk to health and safety
 Provide and maintain safe plant and structures
 Ensure the safe use, handling and storage of plant, structures or substances

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 Provide adequate facilities for the welfare of workers, including access


 Provide information, training, instruction or supervision that is necessary to protect all
persons from risks to their health and safety
 Ensure that the health of workers and conditions in the workplace are monitored for the
purpose of preventing illness or injury.

Managers and supervisors are also responsible for:

 Knowing and understanding the company’s WHS obligations


 Ensuring that an appropriate WHSMS is developed and effectively implemented through
resourcing, supervision and training
 Implementing regular internal and external safety audit programs, including safety inspections
 Overseeing appropriate workplace consultative processes
 Ensuring safety concerns (hazards) are raised and incidents are reported and effectively
investigated; especially serious safety incidents
 Ensuring systems are in place to identify hazards and assess and control risk
 Challenging unsafe behaviour
 Requiring regular reporting on how WHS is maintained in the workplace
 Keeping records.

5.3 Workers, including contractors


The WHS Act obliges workers to:

 Take reasonable care for their own health and safety


 Take reasonable care that their acts or omissions do not adversely affect the health and
safety of others
 So far as reasonably able, comply with lawful instructions given, requiring compliance with
the WHS Act
 Cooperate with any reasonable policy or procedure relating to health or safety in the
workplace that the worker has been told about.

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6. Work Health and Safety (WHS) Policy


The Department of Justice’s Work Health and Safety Policy (DoJ WHS Policy) is the over-arching
document of the WHSMS.

This Policy is approved by Secretary of the DoJ. The policy was developed after consultation with
staff and unions. The Agency communicates its commitment to safety via this Policy to personnel,
contractors and others. This is achieved primarily through induction processes, meetings,
noticeboards, work health and safety plans, and through the Department’s Intranet site.

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7. Planning

7.1 Hazard and Risk Management

7.1.1 Risk Management


There must be a documented method for the identification, assessment and control of WHS hazards
and their associated risks. The detailed requirements are described in the Risk Management
Procedure.

7.1.2 Risk Management Tools


A risk rating matrix has been developed in order to assess the likelihood and consequence of a risk
causing harm – Risk Rating Matrix.

A list of typical hazards likely to require risk controls across the Agency has also been developed –
WHS List of Typical Hazards.

Further a list of fifteen Common Hazards Across the Agency to which workers within the
Department are exposed to.

An approved risk assessment tool must be available for use across the Department. The details are
described in the Risk Assessment Form.

7.1.3 Output WHS Hazard / Risk Registers


Each Output (Direct or Indirect) must produce a Hazard / Risk Register detailing the WHS risks
associated with their operations. The register must include the likely impact of risks, causes and risk
rating as well as the treatment strategies or controls in place to minimise identified risks. The details
are described in the risk management procedure.

A Hazard / Risk Register Template can be found at Hazard / Risk Register Template.

7.1.4 WHS Hazard / Risk Register


The Department maintains a consolidated WHS Risk Register from 7.1.3 above, detailing the WHS
risks associated with all of its operations (Agency Risk Profile).

The register allows for the Officers of the Agency to gain a clear understanding of the risk profile of
the Department.

Preventative and corrective actions identified as a result of review of the risk registers, where risks
are not rated as low as reasonably practical (ALARP), must be tracked to completion.

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7.1.5 Management of Change


The Department must ensure its risk management procedures include the risks associated with
changes to procedure, process, materials or equipment. The details are yet to be described in a
Management of Change Procedure.

7.2 Legal & other requirements


The Department of Justice shall maintain a documented set of procedures that include legal
requirements that are directly applicable to the activities, products or services, including relevant
relationships with contractors or suppliers. The details are described in the Legal and Other
Requirements Procedure.

The DoJ subscribes, where appropriate, to relevant online software packages that allow for regular
updates on changes to WHS legislation. The use of tools such as Safety Law is described in the
procedure.

7.3 WHS plans


WHS Plans for the financial year are developed to drive safety performance improvement and the
implementation of an effective WHSMS. The plans identify actions to:

 Address poor performing areas of work and / or activities involving high risk to health and
safety within the Agency with the aim to improve performance and or reduce risk
 Achieve compliance with AS/NZS 4801:2001 by end of 2016
 Achieve compliance with the WHS Act by end of 2016.

The WH&S Plan should also include elements for a health and wellbeing program as a proactive
approach to improving health and safety across the Agency.

An Annual WH&S Plan is approved by the Secretary and progress needs to be reported six-monthly
to SSMO and more frequently to the Agency Executive. The Annual WH&S Plan is to be used by
Outputs as part of their annual planning process to ensure they assist in delivering the outcomes of
the plan. Hazard and incident data will be used to assist in developing the objectives. Regular
reporting on progress against the plan is required e.g. quarterly.

A Strategic Plan or WHSMS Roadmap has been prepared to outline the activities over the 3 years
(2014-2016) of the development of an effective WHSMS for the Agency and to achieve the
Department’s compliance objectives for WHS. Actions must be measurable.

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8. Implementation and operation

8.1 Resources
The Department of Justice must identify and allocate financial and physical resources to enable the
effective implementation of the WHSMS. These resources must be provided for in budget allocation
to WH&S and in the WHS budget of each Output.

8.2 Responsibility, accountability and authority


The WHS roles and responsibilities for staff and students are detailed in the Roles & Responsibilities
Procedure for all personnel within the Department, including contractors used by and visitors to the
Department.

The Agency Executive are the Officers of the Agency and are ultimately accountable for health and
safety matters within the Department and its controlled entities. However the Agency Executive may
choose to delegate responsibility for specific matters where appropriate. For example the Deputy
Secretary Corrections may delegate responsibilities under the Corrections Act 1997 to the Director of
the Tasmanian Prison Service.

8.3 Competence, training and awareness


The requirements for training and competence are detailed in the WHS Training Guidelines
Procedure and supported by the Department’s Training Policy.

Where possible the DoJ will provide supporting systems such as a training database to allow for
efficient and timely gathering and reporting of training and competence of its workers.

8.4 Consultation, communication, reporting

8.4.1 Consultation
The primary method for consultation must be through direct communication with Health & Safety
Representatives (HSR’s), staff and WHS Managers / Officers / Advisors. Unions need to be part of
the consultation process as well.

The requirements for WHS consultation are detailed in the Consultation, Communication
Procedure.

The consultation process is supported by the following flowcharts:

 Consultation & Communication Flowchart – When to Consult

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 Consultation & Communication Flowchart – Procedures

If health and safety issues are proving difficult to resolve, then the process outlined in the Issue
Resolution Flowchart should be used.

Consultation can be undertaken in a number of forums from the Work Health & Safety Executive
Committee (refer to the WHSEC Terms of Reference), through the Output WHS Committees
(refer to the respective WHS Committee Terms of Reference), to direct involvement of elected and
nominated Health & Safety Representatives and workers.

Outputs are encouraged to nominate &/or elect Health and Safety Representatives (HSR’s) and
implement consultative WHS Committees.

8.4.2 Internal Communication


The DoJ WHS Policy, WHS documentation and all other relevant WHS information must be
communicated to employees, contractors and visitors through the following media as appropriate:

 DoJ Intranet website; Work health and safety and Health and wellbeing sites
 Targeted or global emails to employees
 WHS induction and orientation processes
 Contacting WHS by phone or email
 Output Toolbox Meetings and other suitable forums
 DoJ publications, such as JustNews
 Safety manuals/Safe Operating Procedures/Safe Work Instructions
 Safety signage.

8.4.3 External Communication


The Department must establish, implement and maintain a process for communicating with
contractors and other visitors to the workplace; and receiving, documenting and responding to
relevant communications from external interested parties, including complaints. The details are
described in the Consultation, Communication Procedure.

8.4.4 Reporting
The Department must measure and report on its WHS performance on a regular basis via:

 WHS Executive Committee Meetings


 Output WHS Committee Meetings
 Through the Internal Audit & Risk Management Committee

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 WHS Officer / Advisor reports


 Any externally commissioned WHS Reports, for example noise surveys
 Six-monthly Reports against WHS Plan to SSMO WHS Unit.

Minutes of Meetings should be retained and made available by suitable means to any employee
wishing to see them.

8.5 Documentation

8.5.1 Requirements for the WHSMS


The requirements for the Agency’s WHSMS are described in this Manual. Certain key elements are
described in more detail in their specific procedures, which are referenced in this document.

8.5.2 Document Management


The requirements for document management and control are detailed in Document Management
Procedure.

8.6 Hazard identification, risk assessment and control of risks


The requirements for hazard identification, risk assessment and risk control and the evaluation of
effectiveness of control measures when developing Hazard / Risk Registers is documented in the Risk
Management Procedure.

Hazards may be identified from a variety of sources, such as:

 Workers raise a safety issue


 Workplace inspections
 Incident investigations
 Health monitoring
 Safety audits
 Safety observations
 WHS Committees.

Control of hazards/risks for operational and maintenance tasks are documented in the supporting
WHS documents, such as the;

 Risk Assessment Form


 Job Safety Analysis Procedure used by contractors
 Safe Work Method Statements, where applicable

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 Directors Standing Orders, at the prison


 Standard Operating Procedures for various Outputs
 Work Instructions for various Outputs.

These may be Output specific as appropriate.

8.7 Emergency preparedness & response


The overarching approach to Emergency Preparedness and Response will be detailed in the
Department’s Emergency Management Plan.

Requirements for emergency planning and response must be documented for each Output.
Resources must be provided to respond to actual emergency situations and prevent or mitigate
associated adverse OHS consequences.

The procedure for crisis response is detailed separately.

The Emergency Control Organisation in each building must conduct evacuation exercises at least
annually.

8.8 Other specific WHSMS procedures


These procedures will be developed to meet the size, nature and complexity of the various sections
of the DoJ. Many procedures will be common across the Agency, for example:

 Asbestos Management Plan with supporting Output Asbestos Registers


 Bullying, discrimination and harassment maintained by Human Resources
 Dealing with Client Aggression – Policy, Procedure and Supporting Documents
 Driver Safety Policy
 Electrical Safety
 Ergonomics – Guidelines and Supporting Documents
 First Aid
 Health & Wellbeing Policy and Program
 Incident Reporting and Investigation Procedure
 Injury management and rehabilitation – maintained by Human Resources
 Psychosocial and workplace behaviour
 Workplace Inspections
 Stress management
 Vehicle Policy – maintained by Finance

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 Working from home

Other procedures will be more applicable to specific Outputs of the Agency, for example:

 Asbestos Registers – building, facility or Output specific


 Contractor Management – Output specific e.g. Tasmania Prison Service
 Emergency Response Procedures – building, facility or Output specific
 Field work at Community Corrections; Field Work at Work Safe Tasmania
 Managing the general public, visitors and clients
 Manual handling
 Noise
 Occupational health e.g. Infectious diseases
 Personal Protective Equipment (PPE)
 Field & Isolated work Communication Procedure (WorkSafe)
 Workplace Visits (BSOL / WorkSafe)

These procedures will be added to the WHSMS Manual as they are developed and published on the
Intranet site.

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9. Measurement and evaluation

9.1 Measurement & monitoring


Monitoring consists of any method of validating required safety performance including audits,
reviews, inspections, observations and investigations.

The obligation to monitor and the level required will depend on the level of risk. The higher the risk,
the more frequent and detailed the monitoring needs to be within an Output.

Monitoring also includes risk assessments as part of a change management program.

Measurements include the suite of key performance indicators developed to ensure the safety
performance of the Department and its respective Outputs is measured and reported.

9.1.1 Health surveillance


The requirements for health surveillance programs for the Department will be detailed in the Health
Surveillance Procedure.

9.2 Evaluation of compliance


The Department of Justice will establish an audit and assessment program to periodically evaluate
compliance with applicable legal and other requirements.

A scheduled Audit program will be developed as detailed in the Internal Audit Procedure.

The ultimate aim of the Department is to have an auditable WHSMS against AS/NZS 4801:2001.

9.3 Hazard and incident reporting


The requirements for reporting hazards and following up on corrective and preventative actions are
detailed in the Reporting a Hazard & Safety Incident.

The requirements for reporting incidents (near misses, accidents and illnesses), undertaking incident
investigations and following up on corrective and preventative actions are detailed in the Incident
Reporting and Investigation Procedure.

The DoJ will ensure the reporting of notifiable incidents as defined in Section 3 of the WHS Act 2012.

Hazards and incidents reported are managed in the LANDesk Incident Management System, including
managing corrective and preventative actions.

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9.4 Control of records


WHSMS records must be maintained. The requirements are detailed in the WHS Records Retention
Procedure.

9.5 Audits
The requirements for auditing, reporting methods and responsibilities are detailed in Internal Audit
Procedure.

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10. Management review

10.1 Responsibility
Outputs or controlled entities must meet the requirements of monitoring and measurement
procedures.

The relevant WHS professional must provide all relevant WHS performance indicators to the
WHSEC, and where relevant the Output Managers. The management review process is described in
the Management Review Procedure.

The relevant WHS professional must provide all relevant WHS performance indicators to the
Internal Audit & Risk Management Committee when requested.

10.2 WHSMS annual review


An annual review meeting of the WHSEC must ensure that the WHSMS continues to be an effective
means of satisfying the Department’s WHS Policy commitments and stated objectives, for example
legal requirements and performance improvement.

10.3 WHS performance indicators


The annual WHS Plan will identify a list of key performance indicators which provide an effective
measure of the safety performance of the Agency. Typically these will be a mixture of lag and lead
indicators and be made up of measures for safety, injury management and workers compensation and
health and wellbeing activities.

The WHSEC needs to be kept informed through appropriate reporting and management review
processes to ensure they:

 Monitor the performance of the WHSMS, and that it remains adequate


 Monitor performance against agreed WHS KPI’s
 Monitor planned activities are completed against schedule e.g. workplace inspections, audits,
etc.
 Monitor progress against annual WHS Plan(s).

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11. WHSMS manual review


This plan will be maintained current as the documents identified within it are developed.

It will undergo a review for adequacy by the WHSEC on an annual basis, as part of the annual
planning process.

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12. Document history

Document Author Ken Holmes

Document Owner WHS Project Officer

Document Title WHSMS Manual

Document Number WHS 9-002

Approved by WHS Executive Committee

Approval Date 14.01.2014

Version Number 2.0

Issue Date 01.06.2016

Review Date N/A

Changes Updated to reflect new documents developed

12.1 Change log

Version Number Date of Issue Changes made to document

1.0 16.01.2014 New document

2.0 01.06.2016 Document systematically updated with new


documents and links to them as the WHS
Management System has been built.

2.1 01.06.2016 Removed reference to Employment Directions as they


are no longer supported by SSMO.
General review of the status of documentation with
some planned documents removed as they are now
considered not necessary.

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