1. Asbestos Awareness Training
1. Asbestos Awareness Training
2. Supervision of Construction Sites
Mark McCabe
Asbestos Awareness Trainingg
Currently:
• s.19(3)(f) – a PCBU must ensure, so far as is reasonably practicable, that they provide any information, training,
instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from their work
Asbestos Awareness Trainingg
• New Regulation under the Work Health and Safety Regulation
2011 from 1 July 2014 2011 from 1 July 2014
• Section 445 – Duty to train workers about asbestos
• A PCBU [an employer] must ensure so far as is reasonably • A PCBU [an employer] must ensure, so far as is reasonably practicable, that construction workers [and workers in certain other occupations that may be declared by the Minister] are
t i d i th VET A b t A
trained in the VET course Asbestos Awareness [i.e. Course 10314 NAT]
• The PCBU must ensure that a record is kept of the training • The PCBU must ensure that a record is kept of the training
Asbestos Awareness Trainingg
Prior training:
• This is not new – the Guidance Note has been in place for some time
• Any training prior to 1 Jan 2008 not accepted • Any training prior to 1 Jan 2008 not accepted
Asbestos Awareness Trainingg
Prior training:
1 Jan 2008 – 31 Dec 2013: 1 Jan 2008 31 Dec 2013:
• Training through the following RTOs accepted: CSI
CSI
HIA ACT
Kirwan & Associates
MBA G T i i ACT
MBA Group Training ACT
Safety Training & Compliance ACT (Capital Training Institute) Robson Environmental
Asbestos Awareness Trainingg
Prior training:
1 Jan 2014 – 30 Jun 2014: 1 Jan 2014 30 Jun 2014:
• Training through the following RTOs accepted: CSI
CSI
HIA ACT
MBA Group Training ACT
S f t T i i & C li ACT (C it l T i i I tit t ) Safety Training & Compliance ACT (Capital Training Institute) Robson Environmental
Asbestos Awareness Trainingg
Training:
From 1 July 2014: From 1 July 2014:
• Training through the following RTOs accepted: CSI
CSI
HIA ACT
Asbestos Awareness Trainingg
WorkSafe ACT’s approach after 1 July 2014:
• An inspector may ask to see the PCBU’s record that their workers have completed this training
• PCBU will be given a reasonable period of time in which to • PCBU will be given a reasonable period of time in which to produce this record
• If they can’t, WorkSafe may issue an Improvement Notice [IN] ey ca , o Sa e ay ssue a p o e e o ce [ ] requiring the PCBU to register their workers for training by a certain date [probably a fortnight]
Asbestos Awareness Trainingg
• PCBU will need to produce evidence that they they are
registered for training and that the training will occur in a registered for training and that the training will occur in a reasonable time period given the availability of such training • WorkSafe will diarise that date to check that it is done
• Failure to register the workers for training will likely result in a $3,600 fine for failure to comply with an IN
• A new IN will be issued
• failure to comply with a second IN may result in prosecution [max. fine for a corporation is $30,000]
Asbestos Awareness Trainingg
• This is not about fining people – what we want is all workers to
be trained
• Fines are only there for those who do not take reasonable steps to comply.
Supervision
p
• s 19(1) – a PCBU must ensure so far as is reasonably • s.19(1) a PCBU must ensure, so far as is reasonably
practicable, the health and safety of workers and other persons
• s.19(3)(f) – a PCBU must ensure, so far as is reasonably practicable, that they provide any information, training,
instruction or supervision that is necessary to protect all persons instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from their work
Supervision
p
• s 19(1) – a PCBU must ensure so far as is reasonably • s.19(1) a PCBU must ensure, so far as is reasonably
Supervision
p
• s 19(1) – a PCBU must ensure so far as is reasonably • s.19(1) a PCBU must ensure, so far as is reasonably
practicable, the health and safety of workers and other persons
Supervision
p
• s 19(1) – a PCBU must ensure so far as is reasonably • s.19(1) a PCBU must ensure, so far as is reasonably
practicable, the health and safety of workers and other persons
• Who is responsible for the safety of workers and others? Answer: The PCBU !
Supervision
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• s 19(1) – a PCBU must ensure so far as is reasonably • s.19(1) a PCBU must ensure, so far as is reasonably
practicable, the health and safety of workers and other persons
• Can you reasonably ensure the safety of workers and others if the work is not being supervised?
Supervision
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• s 19(1) – a PCBU must ensure so far as is reasonably • s.19(1) a PCBU must ensure, so far as is reasonably
practicable, the health and safety of workers and other persons
• Can you reasonably ensure the safety of workers and others if the work is not being supervised?
Answer: I don’t think you can.
If you think you can be aware that if it goes horribly wrong you may If you think you can, be aware that if it goes horribly wrong you may have to convince a court this is possible.
Supervision
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• Oct 2013 – A NSW employer was fined $160 000 after one of • Oct 2013 A NSW employer was fined $160,000 after one of its supervisors – who misunderstood his safety role – lost his arm in an accident, which killed another worker and seriously injured 3 more
injured 3 more.
The company was fined:
$66 000 f f ili t i it k d
- $66,000 for failing to supervise its workers and - $94,000 for failing to supervise subcontractors.
Supervision
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• Jan 2014 – A NSW employer was fined $175 000 after • Jan 2014 A NSW employer was fined $175,000 after,
amongst other things, it failed “to provide information, instruction and supervision to workers”.
A team leader had been assigned to each group to supervise work. On the day of the accident the team leader was absent work. On the day of the accident the team leader was absent and no alternative supervisor was appointed
Supervision
p
• s 19(1) – a PCBU must ensure so far as is reasonably • s.19(1) a PCBU must ensure, so far as is reasonably
practicable, the health and safety of workers and other persons
Supervision
p
• s 19(1) – a PCBU must ensure so far as is reasonably • s.19(1) a PCBU must ensure, so far as is reasonably
practicable, the health and safety of workers and other persons
• Does the supervision have to be by you personally at all times? Answer: No …. but
Supervision
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• s 19(1) – a PCBU must ensure so far as is reasonably • s.19(1) a PCBU must ensure, so far as is reasonably
practicable, the health and safety of workers and other persons
• Does the supervision have to be by you personally at all times? Answer: No … but … if you appoint someone else to supervise on Answer: No … but … if you appoint someone else to supervise on your behalf they must:
- be aware of that and know and accept that role [WHS Management Plan]
Supervision
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• s 19(1) – a PCBU must ensure so far as is reasonably • s.19(1) a PCBU must ensure, so far as is reasonably
practicable, the health and safety of workers and other persons
• The answer to the question:
Supervision
p
• s 19(3)(f) – a PCBU must ensure so far as is reasonably • s.19(3)(f) a PCBU must ensure, so far as is reasonably practicable, that they provide any information, training,
instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from their work
Supervision
p
• s 19(3)(f) – a PCBU must ensure so far as is reasonably • s.19(3)(f) a PCBU must ensure, so far as is reasonably practicable, that they provide any information, training,
instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from their work
from risks to their health and safety arising from their work
C t i t f k t b di tl i d
Supervision
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A Western Australian employer has been fined $80 000 (plus A Western Australian employer has been fined $80,000 (plus $3,000 in costs) after a worker, who received only a few hours of formal training and was supervised by an inexperienced worker with limited English was fatally crushed while oxy cutting an with limited English, was fatally crushed while oxy-cutting an excavator bucket.
The worker was cutting and removing pieces of the bucket while
t di b th it t d i N b 2011 h
standing beneath it at a scrap yard in November 2011 when an 800kg piece broke away and fell on him.
Safety Duties
y
• s 19(1) – a PCBU must ensure so far as is reasonably • s.19(1) a PCBU must ensure, so far as is reasonably
practicable, the health and safety of workers and other persons
• s.19(3)(f) – a PCBU must ensure, so far as is reasonably practicable, that they provide any information, training,
instruction or supervision that is necessary to protect all persons instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from their work
Penalties
• Category 1 – Reckless Conduct – has a safety duty, ‘without reasonable excuse engages in conduct that exposes an
reasonable excuse engages in conduct that exposes an individual to a risk of death or serious injury/illness and the person is reckless as to that risk
• Category 2 – Failure to comply – has a safety duty, fails to comply with that duty, and the failure exposes an individual to a risk of death or serious injurys o dea o se ous ju y
• Category 3 – Failure to comply – has a duty, fails to comply with that duty.
Penalties for breaches of duty of
care
Categories based on degree of ‘culpability’ and risk/degree of harm
Category 1
Corporation: $3m
Individual as a PCBU or an officer: $600k / 5 years jail
Category 1
y jIndividual e.g. worker: $300k / 5 years jail
Corporation: $1 5m
Category 2
Corporation: $1.5m
Individual as a PCBU or an officer: $300k Individual e.g. worker: $150k
Category 3
Corporation: $500k
Individual as a PCBU or an officer: $100k
g y
Individual e.g. worker: $50k
