Legal Responsibilities
Workers Compensation NSW
Workers Compensation ACT
Purpose:
This policy supports and contributes to the provision of safe and healthy Archdiocesan Education Workplaces.
Policy: The Catholic Education Commission and the Catholic Education Office are committed to developing and maintaining healthy and safe working conditions in all Archdiocesan schools and associated workplaces. Consistent with this commitment the Catholic Education Commission recognises its obligations to comply with the ACT Occupational Health and Safety Act 1989 and its relevant regulations and the NSW Occupational Health and Safety Act 2000 and its relevant regulations.
The Catholic Education Commission and the Catholic Education Office recognise this goal is best achieved through the joint participation of management, employees and their unions and through all parties recognising their responsibilities in maintaining workplace health and safety.
The Catholic Education Commission and the Catholic Education Office are committed to:
- encouraging consultation between management, employees and their unions on health and safety matters;
- providing relevant occupational health and safety training; and
- reviewing regularly policy matters relating to occupational health and safety.
The Director of the Catholic Education Office will ensure that compliance of the above Acts and their relevant regulations is adhered to in all workplaces within Archdiocesan Schools and the Catholic Education Office.
This policy should be read in conjunction with the relevant legislation.
Definitions: Material Safety Data Sheets (MSDS)
MSDS is an information sheet that provides the information needed to allow the safe handling
of hazardous substances used at work. An MSDS contains information like:
- the contents of the hazardous substance;
- what the substance should be used for, and how to use it safely;
- the effects it may have on health (when swallowed, breathed in etc.);
- first aid instructions;
- advice about safe storage and handling.
Hazardous Substances
Hazardous substances are chemicals and other substances which can harm people’s health,
causing injury, illness or disease. Health effects may be immediate and short term – such as
irritation to the skin or eyes, or corrosive burns – or long term, such as tumours, cancers, or
damage to organs.
Procedures:
1. Responsibilities
1.1 The Director of the Catholic Education Office has overall responsibility for the implementation of the Occupational Health and Safety (OH&S) policy. In particular, the Director has responsibility for ensuring appropriate and effective consultation and the implementation of a systemic risk management process for workplace hazards.
1.2 The Human Resources Officer: Personnel Services will:
- enable appropriate consultation with relevant unions on Occupational Health and Safety matters;
- assist with the election of Occupational Health & Safety workplace representatives (in ACT schools) and the formation of workplace committees (NSW schools) where needed;
- ensure that the required training of workplace representatives and committee members is undertaken;
- receive the concerns of the elected representative and inform the Director of the concerns;
- bring to the attention of the Director matters affecting Occupational Health & Safety that require consultation, System/Catholic Education Commission determination or policy review.
1.3 The School Principal will:
- ensure that all staff are informed of this policy;
- assist with the election of Occupational Health & Safety workplace representatives and committee members, as appropriate;
- undertake consultation with members of staff on Occupational Health & Safety matters;
- communicate OH&S matters to the Human Resources Officer: Personnel Services;
- respond to requests from OH&S workplace representatives and committee members.
1.4 Elected OH&S Representatives will:
- encourage consultation with staff members on matters relating to OH&S;
- respond to requests from members of staff;
- provide requests for action to the Principal in writing;
- in the case of an emergency or immediate threat to employees' health and safety, inform the principal who will take immediate steps to rectify the situation;
- upon receipt of advice from the Principal, which is deemed unacceptable, or should 7 days lapse without a response from the Principal, direct the matter to the Director of the Catholic Education Office through the Human Resources Officer: Personnel Services;
- contact Workcover should no action be taken to remedy defects.
1.5 Each employee will:
- to the extent of his/her control or influence over working conditions and methods, accept responsibility for working safely and rendering the work area safe when leaving it;
- make proper use of all appropriate safeguards, safety devices and personal protective equipment;
- ensure that the students in his/her care make proper use of all appropriate safeguards, safety devices and personal protective equipment;
- follow agreed safe working practices and rules.
2. Consultation
2.1 Open communication between employees and management is important to safety success. Therefore employees are encouraged to:
- ask questions;
- bring up safety concerns;
- make safety recommendations;
- give regular feedback;
- become involved in evaluation of safety issues;
- be a part of the problem solving process.
2.2 It is important that employees help shape decisions about OH&S and not hear about the decisions after they have been made.
3. Committees and Workplace OH&S Representatives
3.1 Each ACT School and the Catholic Education Office will elect a Workplace Occupational Health & Safety Representative who will liase with the Principal or Human Resources Officer: Personnel Services on matters relating to Occupational Health & Safety. Where appropriate, the Workplace Occupational Health & Safety Representative may also chair a Work Group Safety Committee as provided for in the Act.
3.2 NSW schools with more than 20 employees may form Occupational Health & Safety committees where more than half the employees request such committees. Committee membership should
be representative of various groups in the workplace. Management representation must not outnumber employee representation. Requests to form committees should be directed to the Human Resources Officer: Personnel Services who will assist with election of membership and training.
4. Training
4.1 At the start of each school year, the Human Resources Officer: Personnel Services will arrange for appropriate accredited training to be undertaken by the Occupational Health & Safety Representative, should this be required.
5. Risk Assessment
5.1 The purpose of any risk assessment is to enable decisions to be made about control measures that may be required to protect people in the CEO/school work environment from risks to their health.
5.2 The control measures, in sequence in which they should be implemented, are elimination, substitution, mitigation, isolation, engineering controls, administrative controls, and safe work practices and personal protective equipment.
5.3 Risk Assessment records should be kept for thirty years if they indicate a need for monitoring and/or health surveillance or five years if they don't. Induction and training records should be kept for five years.
6. Chemical Safety in Schools (CSIS)
6.1 It is a mandatory requirement of the Hazardous Substances Regulation 1996 that NSW employers provide appropriate safety training for staff in the management of risks associated with the use of chemicals. A copy of the Chemical Safety in Schools resource package is available. All schools and all school employees must complete the required training sessions contained in the resource package.
6.2 The Principal will decide how the implementation of CSIS will be coordinated across the school and ensure:
- the training of staff;
- a stocktake of chemicals;
- the establishment of a chemical register;
- a review of the storage of dangerous goods and hazardous substances; and
- the implementation of risk management processes.
6.3 At the conclusion of appropriate staff training, the Principal will forward the names of staff members who have completed the training to the Human Resources Officer: Personnel Services who will prepare certificates and arrange for them to be signed by the Director. Employees are encouraged to keep the certificate in their portfolio.
6.4 The Human Resources Officer: Personnel Services will maintain a register of employees who have completed the mandatory training.
7. Material Safety Data Sheets (MSDS)
7.1 Each school must obtain information (MSDSs) for all hazardous substances used or produced in the school, and ensure this information is accessible to employees who may be at risk;
7.2 Ensure that all containers of hazardous substances are appropriately labelled; and
7.3 Keep a register of MSDSs for hazardous substances in the workplace and make it accessible to employees.
References:
The ACT Occupational Health and Safety Act 1989 and its relevant regulations and the NSW Occupational Health and Safety Act 2000 and its relevant regulations aim to protect the health, safety and welfare of all people in every place of work in the Australian Capital Territory and New South Wales. The above legislation lays down general requirements that must be met at all places of work. These requirements mean that employers, employees and self-employed people have a legal responsibility to meet certain standards of health, safety and welfare.
Additional information on this legislation may be found at www.workcover.act.gov.au and www.workcover.nsw.gov.au Forms:
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