BYRON SHIRE COUNCIL

13.14 - Attachment 1

INFORMATION ABOUT THIS DOCUMENT

Date Adopted by Council		Resolution No.
Policy Responsibility	Organisation Development
Review Timeframe	3 years
Last Review Date:	May 2015	Next Scheduled Review Date	May 2018

Document History

Doc No.	Date Amended	Details Comments eg Resolution No.
DM629061	September 2009	09-634
E2012/14879	November 2012	12-863
E2015/32312	May 2015

Further Document Information and Relationships

Related Legislation*

Work Health and Safety Act 2011 (WHS Act) and associated regulations

Related Policies

Workforce Plan #DM125121

Code of Practice – How to Manage

http://www.safeworkaustralia.gov.au/sites/swa/about/publications/pages/manage-whs-risks-cop

Related Procedures/ Protocols, Statements, documents

Safe Work Australia guidelines and resources

Note: Any reference to Legislation will be updated in the Policy as required. See website http://www.legislation.nsw.gov.au/ for current Acts, Regulations and Environmental Planning Instruments.

BYRON SHIRE COUNCIL

13.14 - Attachment 1

TABLE OF CONTENTS

1. OBJECTIVES............................................................................................................................... 2

2. WHO IS A ‘WORKER’.................................................................................................................. 2

3. POLICY STATEMENT................................................................................................................. 2

4. RESPONSIBILITIES.................................................................................................................... 3

5. COMPLIANCE WITH WORK HEALTH SAFETY REQUIREMENTS....................................... 4

6. CONSULTATION......................................................................................................................... 4

7. SUSTAINABILITY........................................................................................................................ 5

Policy No. ??

POLICY TITLE

WORK HEALTH SAFETY (WHS)

1. OBJECTIVES

Council’s commitment is to the provision of a safe and healthy work environment for all our employees, volunteers, contractors, visitors and persons that may be affected by works undertaken by Council, through the elimination or minimisation of workplace risks.

2. WHO IS A ‘WORKER’

“Worker” is defined in the WHS legislation as a person who carries out work in any capacity for a person conducting a business or undertaking, including work as:

(a) an employee;

(b) a contractor or subcontractor;

(d) an employee of a labour hire company who has been assigned to work in the person’s business or undertaking;

(e) an outworker;

(f) an apprentice or trainee;

(g) a student gaining work experience;

(h) a volunteer;

(i) a person of a class prescribed in the legislation.

3. POLICY STATEMENT

Council’s commitment will be demonstrated by:

(a) Allocating necessary resources to meet commitments and/or meeting commitments through design/redesign of services and projects within allocated resources.

(b) Promoting a culture where harm to our people through work is unacceptable.

(d) Adopting a risk management approach to achieve compliance and ensure the health and safety of employees, contractors, volunteers and visitors to Council workplaces.

(e) Ensuring that plant, equipment and substances are safe and without risk to health, safety of personnel.

(f) Investigating all accidents, incidents, and occurrences with control measures implemented and reviewed to ensure elimination of initial breakdown.

(g) Communicating WHS through instruction, training and supervision to improve individuals’ understanding of workplace hazards, including safe work practices and emergency procedures.

(h) Consulting between management, employees, volunteers, visitors and contractors on WHS issues.

(i) Ensuring that employees, volunteers, visitors and contractors comply with appropriate WHS standards, codes of conduct and workplace directions to ensure their own and others health and safety at work.

(j) Providing adequate systems and resources to effectively manage rehabilitation and return to work processes.

(k) Implementing, maintaining and reviewing Health and Safety Management Systems in all operational areas.

(l) Establishing measurable objectives and targets to ensure continuous improvement.

4. RESPONSIBILITIES

While the obligation for each person is different, all persons must ensure that the way they carry out their work does not interfere with the health and safety of themselves and other persons at the place of work.

4.1. Council’s Responsibilities

Council must ensure, so far as is reasonably practicable, the health and safety of:

(i) Workers engaged, or caused to be engaged by the person, and

(ii) Workers whose activities in carrying out work are influenced or directed by the person, while the workers are at work in the business or undertaking.

The Council has ultimate responsibility for allocating budgets and must ensure that sufficient allowance is made in budget allocation to address WHS.

The General Manager has ultimate responsibility for the implementation of Council’s WHS Protocol, reviewing overall organisational health and safety performance and health and safety performance review of executive management.

4.2. Officer’s Responsibilities

Officers of Council have a duty to exercise ‘due diligence’ to ensure that Council complies with its duty to reasonably ensure health and safety. The definition of Officers includes anyone:

“who makes, or participates in making decisions that affect the whole or a substantial part of a business or undertaking.”

Council will fulfil these responsibilities through the appointed General Manager, Directors, Managers and senior staff who are responsible and accountable for the safety of workers including contractors, volunteers and Council property under their control or management.

4.3. Workers’ Responsibility

For the purposes of this Policy, ‘worker’ has the same definition as in the WHS Act 2011 and includes:

· Council staff

· trainees, apprentices and cadets

· work experience students and volunteers

· contractors and sub-contractors

· employees of contractors and sub-contractors

· employees of a casual labour hire company

All workers have responsibility for:

(i) Taking reasonable care for their own health and safety;

(ii) Taking reasonable care that their acts or omissions do not adversely affect the health and safety or other persons;

(iii) Following all WHS legislation, Council safety requirements and relevant codes of practice;

(iv) Co-operating with management in the support of promotion of Health and Safety in the workplace;

(v) Not undertaking any task without the relevant induction, training or competency;

(vi) Promptly reporting all hazards, injuries and safety incidents;

(vii) Presenting for work in a fit state that does not prevent them carrying out their duties in a safe and responsible manner.

5. COMPLIANCE WITH WORK HEALTH SAFETY REQUIREMENTS

Councillors, Council employees, contractors, sub-contractors, volunteers and visitors to Council workplaces must observe Council’s health and safety policies, protocols, procedures and instructions. If a breach occurs, it may result in disciplinary action in accordance with procedures under the Local Government (State) Award, action under the Council’s Code of Conduct and/or expulsion or future exclusion from Council workplaces.

6. CONSULTATION

6.1. Consultation between:

(a) Council and its staff;

(b) Council and volunteers and visitors; and

(c) Council and contractors and sub-contractors;

is an essential part of effectively managing health and safety in the workplace.

Council is committed to meeting its obligations to consult so that everyone can contribute to decisions about safe systems of work, policies and procedures designed to ensure the health, safety and welfare of everyone in Council workplaces.

6.2. Involvement of Workers (which includes contractors and volunteers) at all levels is critical for ensuring a safe workplace. Council will:

(a) Share relevant information about WHS with Workers.

(b) Ensure that Workers are given the opportunity to express their views and to contribute in a timely fashion to the resolution of WHS issues at Council workplaces; and

6.3. Council is committed to continuing with its WHS Committee/s, as they form an important part of the consultative process. These Committee/s provide a forum for discussion and formulation of possible recommendations for the resolution of issues brought before or identified by the Committees.

7. SUSTAINABILITY

Council’s commitment to WHS supports social, economic and governmental sustainability by reducing risks to workers, minimising the economic impacts to individuals, the community, the local economy and Council that can arise from workplace injuries and through Council leading by example in promoting the health and safety of its workforce and community.