Maintain Work Health and Safety

RESOURCE HLTWHS003

Maintain work health and safety Version 3.0 2021

About Early Childhood Hub

About the author

Early Childhood Hub is a small consultancy business in Australia whose mission is to advocate for quality and authenticity in early childhood services. Their vision is for children to experience authentic childhoods in respectful environments with dedicated and quality educators. www.earlychildhoodhub.com.au

Kerrie O’Neill

About the series This series of books can be used to support the teaching and learning of the Certificate III in Early Childhood Education and Care or the Diploma of Early Childhood Education and Care, and aligns with the national training package requirements of the Australian Skills Quality Authority (ASQA). This series of books draw on the educational project of Reggio Emilia as a catalyst for thinking about early childhood education and care in Australia with more than one ‘lens’ or ‘gaze’.

Publishing and general enquiries Early Childhood Hub PO Box 306, Black Rock, Victoria, Australia, 3193.

T. 0419 524 989 E. admin@earlychildhoodhub.com.au Copyright 2017

©

Kerrie’s experience with the early childhood sector spans over 30 years.

She has worked as a kindergarten teacher, a director of an early learning centre, a trainer and assessor delivering the Certificate III and the Diploma of Early Childhood Education and Care and as a tertiary level lecturer at Melbourne Polytechnic (formerly NMIT). Kerrie has worked for the Department of Education and Training in Victoria as both an Authorised Officer and as a Senior Policy Officer.

Kerrie was a founding member of the Reggio Emilia Australia Information Exchange in 2000 and is a current committee member. Kerrie’s work in the early childhood sector has been profoundly influenced by the educational project of Reggio Emilia, Italy, since her first study tour to the city in 1996.

Acknowledgments We would like to acknowledge the many colleagues and friends who have supported this work through the peer review process. Their perspectives, wisdom and advice have been enormously appreciated.

We would also like to acknowledge and thank the many educators, services and schools who have so willingly shared their amazing work and photographs to enable the reader to appreciate and understand the ideas of this series from many different perspectives.

Acknowledgment of Country Early Childhood Hub acknowledges the traditional owners of Country throughout Australia and their continuing connection to land and community. We pay our respect to them and their cultures, and to the Elders both past and present.

Cover image: Dirty Legs and Feet of Children Sitting on a Bench #7379578 © iStockphoto.com/Rosemarie Gearhart

Contents National Quality Standard

3

History of WHS in Australia

4

Legislation

5

Safe work environment

9

Hazard identification, risk assessment and risk control

12

Provide information to the work team

21

Safe housekeeping practices

21

Codes of practice

22

Workplace policies and procedures

22

Incidents and incident investigation

26

Consultation with workers

28

Summary

29

Appendix 1

30

Appendix 2

32

Appendix 3

34

Appendix 4

35

References

37

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Maintain work health and safety

THIS UNIT OF COMPETENCY HAS BEEN DEVELOPED ACCORDING TO THE REQUIREMENTS OF THE CERTIFICATE III (CHC30113) AND DIPLOMA (CHC50113) EARLY CHILDHOOD EDUCATION AND CARE QUALIFICATIONS IN AUSTRALIA. THIS RESOURCE SUPPORTS THE UNIT OF COMPETENCY: HLTWHS003 - MAINTAIN WORK HEALTH AND SAFETY The elements of the unit that are referenced in this resource are as follows: Element 1—Contribute to workplace procedures for identifying hazards and controlling risks Element 2—Implement policies and procedures into work team processes Element 3—Support consultation, cooperation and communication This resource describes the skills and knowledge required to implement and monitor work health and safety (WHS) policies, procedures and work practices as part of a small work team.

This unit applies to workers who have a key role in maintaining WHS in an organisation, including duty of care for other workers.

It makes valuable links with Quality Areas 4 and 7.

This symbol will appear when an idea makes a connection to the Early Years Learning Framework (EYLF), the National Quality Standard (NQS), a quote from a theorist or the ideas from Reggio Emilia.

The reflective questions at the end of each section can be used in staff meetings for professional learning and critical reflection of pedagogy and practice.

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Connections with the National Quality Standard and this unit of competency

National Quality Standard Element Quality Area 4 4.2.1

Management, educators and staff work with mutual respect and collaboratively, and challenge and learn from each other, recognising each other’s strengths and skills.

4.2.2

Professional standards guide practice, interactions and relationships.

Quality Area 7 7.1.2

Systems are in place to manage risk and enable the effective management and operation of a quality service.

7.2

There is an effective self-assessment and quality improvement process in place.

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Element 1 Identify existing and potential hazards and record them according to workplace procedures.

Contribute to the development of strategies for implementing risk controls in line with workplace procedures and policies.

Implement risk controls in line with the hierarchy of risk control and workplace and legislative requirements.

Identify and report issues with risk controls, including residual risk, in line with workplace and legislative requirements.

History of WHS in Australia The regulation of WHS in Australia has been heavily influenced by the development of the law in the United Kingdom, and health and safety law has evolved in response to the failure of employers to provide safe working conditions for their employees.

Industrial Revolution Early efforts to regulate health and safety and the push for regulation were associated with the marked increase in accidents and the appalling workplace conditions of the Industrial Revolution in the 19th century.

Factory Acts The Factory Acts began early in the 19th century in the United Kingdom. The Factory Acts were a series of Acts passed by the Parliament of the United Kingdom to limit the number of hours women and children worked, initially in the textile industry, then later in all industries.

The most significant event in the development of health and safety at work legislation in the United Kingdom and Australia was the delivery in 1972 of the Safety and Health at Work report (referred to as the Robens Report).

The committee was chaired by Lord Robens. This report identified numerous deficiencies in, and limitations of, the existing laws.

The report stated that the laws were: • uncoordinated, complex and confusing • too detailed and prescriptive to be able to be applied across all workplaces • inflexible and unable to keep pace with technological, social and economic change • activity rather than outcome focused (compliance would not necessarily mean effective management of risks) • ineffective in enforcing proper conduct by providing maximum penalties for breaches that were so low as to have little or no deterrent effect.

The factory reform movement resulted in a limit on the hours that could be worked in factories and mills. The aim of the movement was for a ‘Ten Hours’ Bill’ to limit a child’s working day to 10 hours. Subsequent Acts were passed in 1937 and 1959.

There has been a longstanding belief that many accidents are caused by human error. This has resulted in an approach to accident prevention that focused on changing the behaviour of the worker and teaching them to think about safety.

In 1961, a new Factories Act, consolidated much of the United Kingdom’s workplace health, safety and welfare legislation. The Health and Safety Act superseded it in 1974.

This approach is universally unsuccessful at preventing accidents. To understand this, it is helpful to explore the historical roots of the ‘careless worker’ myth.

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The careless worker notion originates from theories of a condition termed ‘accident proneness’.

Legislation

This was before the worker’s compensation system had been established. Thus, most employers were still subject to liability suits from injured workers or the families of injured workers.

The model Work Health and Safety Act 2011 (WHS Act) is the current legislation for most of the states and territories of Australia.

It was in the employer’s interest to establish that the accident in question was in fact the fault of the careless worker.

The whole industry attempted to scientifically establish the theory of accident proneness. There were suggestions of hereditary traits, racial traits and language problems that they said contributed to the development of the accidentprone worker. This line of thinking was disrespectful to workers.

Even when the worker’s compensation systems were established, this notion of the careless worker persisted.

Academics guessed that between 85 and 90 percent of accidents were caused by an error or fault on the part of the worker.

The theory persisted and was detrimental as it resulted in a reliance on safety measures that started and stopped with the worker. Workers were told to ‘think safe’ and ‘work safe’ and to be careful. Some workers were issued with personal protective equipment (PPE) gear that was awkward and probably more hazardous, to their safety, rather than focusing on the hazardous element in the workplace.

The Act provides a general overview of how to make a workplace safe and healthy for everyone. It outlines an employer’s legal responsibilities and duties as a business owner. The WHS legislation applies to the Australian Capital Territory, New South Wales, Northern Territory, Queensland, South Australia and Tasmania.

Victoria is currently operating under the Occupational Health and Safety Act 2004 , (Vic) and Western Australia is operating under the Occupational Safety and Health Regulations 1996 (WA).

‘The Victorian Government has confirmed that it will not be implementing the model WHS laws in their current form.

WorkSafe Victoria continues to enforce Victoria’s existing occupational health and safety (OHS) legislation. This means that Victoria’s workplaces need to refer to Victoria’s codes and guidance materials for information about how to comply with Victoria’s OHS legislation …

WA is considering options to implement elements of the model WHS Regulations. A public consultation process is currently underway to enable all participants in WA workplaces to have input into the new legal framework’ (Safe Work Australia, 2016).

After the Occupational Health and Safety Act 1985 had been in operation for nearly 20 years, the Victorian Government commissioned Chris Maxwell, Queen’s Counsel, to review it.

Regulations set out the standards you need to meet for addressing hazards and managing risks. In education and care services, these hazards include:

The Maxwell Review confirmed the effectiveness of the Roben’s approach, but recommended some improvements to make the Act clearer and more suited to modern workplaces. The Maxwell Review resulted in the updated Occupational Health and Safety Act 2004.

• working at low levels

• lifting children

• moving equipment • storing equipment • removing office area hazards • displaying documentation and children’s work • children's indoor spaces, storage sheds, office and outdoor play spaces • workplace vehicles and venues where meetings or training takes place.

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Regulating agencies Regulating agencies, also known as the ‘regulators’, are different in each state and territory. The regulators administer and are responsible for health and safety laws. They inspect workplaces, provide advice and assistance, and give notices and penalties when necessary.

If organisations breach workplace health and safety laws, the regulator will consider whether their state’s approved codes of practice have been followed. Approved codes of practice and safety standards are available from the regulators listed below.

State or territory

Regulator

Australian Capital Territory

WorkSafe ACT

New South Wales

SafeWork NSW

Northern Territory

NT WorkSafe

Queensland

Workplace Health and Safety Queensland

South Australia

SafeWork SA

Tasmania

WorkSafe Tasmania

Victoria

WorkSafe Victoria

Western Australia

WorkSafe WA

The most recent national legislation commenced in most states in 2012 and changed some of the terminology that had existed in previous legislation.

Some of the changes are listed below: • employers — the term ‘employers’ changed to ‘persons conducting a business or undertaking’ (PCBU) • employees — the term ‘employees’ changed to ‘workers’ • workplace — a place where work is carried out for a business or undertaking, and includes any place where a worker goes, or is likely to be, while at work.

In education and care services, this includes children’s spaces, storage sheds, offices, children’s playgrounds, any workplace vehicles and places where meetings or training take place.

the Accident Compensation Act 1985 and the Dangerous Goods Act 1985. If Parliament passes an Act, it overrides any common law related to the same matter.

Common law is made by judges as they decide cases – they use precedents from previous cases on the same matter. If there is no precedent, they may set a precedent for future cases through their judgements. Common law does not have much of a place in modern WHS laws; however, it is still a feature of the Accident Compensation Act 1985.

Hierarchy of legislation The legislation hierarchy is as follows: • Work Health and Safety Act 2011 • Work Health and Safety Regulations 2011 • codes of practice

What is statute law and what is common law?

• guidance documents.

Statute law is made by Parliament on the recommendation of the government of the day. Examples of statute law are the Victorian Occupational Health and Safety Act 2004,

WorkSafe Victoria developed a very useful guide for approved providers, managers and educators in education and care services titled Children’s services – occupational

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health and safety kit: How to control the risks from the most common hazardous tasks in the children’s services sector (WorkSafe Victoria, n.d.).

Although this document is not the most up to date document and some of the terminology is embedded in old legislation, it is still a useful resource for early childhood education and care services.

Safe place versus safe person Safety is a very complex issue that is not simply defined.

There are many different points of view. The following provocations will generate several different responses: • Is human error a cause of workplace accidents or a consequence of trouble deep within an organisation?

The Safe Place perspective is considered the new view of human error and begins with the assumption that people do not come to work to do a bad job nor do they go out of their way to create trouble. If they end up doing a bad job, the finger should not be pointed at the individual but at the workplace setting and the systems in place.

According to the Safe Place perspective: • Human error or rule violations are not the cause of workplace incidents; instead they are an effect or symptom of deeper trouble.

• Human errors or rule violations are not random; they are systemically connected to features of people’s tools, tasks, operating environments and organisational constraints.

• Is compliance with rules and procedures a sufficient determinant of workplace safety, or is its role severely limited?

• Human errors or rule violations are not the conclusion of a WHS investigation; they are the starting point.

• Is safety defined as the absence of negative things in a workplace or the presence of capabilities that are assisted by training?

According to this theory, adverse outcomes are not the result of an individual’s behaviour, rather safety system vulnerabilities. If these error-producing conditions are left in place, there will be a repetition of the same basic pattern of adverse outcomes.

• Is safety a matter of getting rid of broken components or as a quality/value that emerges from the complexity of an interactive system?

The role of humans in creating or reducing safety in the workplace can be viewed from two perspectives. Let’s call the two perspectives ‘safe person’ versus ‘safe place’.

The Safe Person perspective is considered the old view and is also known as the ‘bad apple theory’.

According to the Safe Person perspective: • Workplaces would be safe if not for the erratic, ignorant or careless behaviour of some unreliable people (bad apples).

• Workplace accidents are the result of human errors, violations and carelessness.

In the safe person view, WHS professionals and managers see themselves as custodians of already safe systems.

When something goes wrong, their question is: Who is responsible?

In the safe place view, WHS professionals and managers understand that people often must create safety under less than ideal circumstances. When something goes wrong, their questions are: What is the cause? What set of circumstances led to people doing their work in this way?

Safety in education and care services

• Workplace safety incidents are unpleasant surprises that do not belong in the organisation.

Historically in children’s services, the focus on safety seemed to have entirely revolved around the safety of children, rather than both the children and the people who work in the service.

According to this theory, adverse outcomes can be avoided if individuals pay more attention, invest more effort, obey the rules or follow the procedures. WHS professionals and managers operating from this perspective wonder how they can cope with the unreliability of workers in their organisation.

The Occupational Health and Safety Act 2004 (Vic) changed the landscape of occupational health and safety. Although widely publicised, many managers of children’s centres, early learning centres and schools did not realise that although the safety of the children fell under the Children’s Services Regulations 1998 (now Education and Care

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Services Regulations 2011), they also had obligations for their staff under the Occupational Health and Safety Act 2004.

This worrying safety culture in educational and care institutions has begun to change, which is promising; however, there are still many organisations who could be exposed to litigation should a serious accident occur in the workplace.

Managers of education and care centres, early learning centres, occasional care services, family day care services, out of school hours care services, schools and any other services concerned with the care and education of children must ensure that they are familiar with the current legislation related to WHS as they apply in their state or territory. Ignorance is not recognised as a defence in a court of law.

Roles and responsibilities of the PCBU A PCBU must ensure, so far as ‘reasonably practicable’, the health and safety of: • workers who are engaged or caused to be engaged by the person • workers whose activities in carrying out work are influenced or directed by the person while at work in the business or undertaking.

‘In this Act, reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including: (a) the likelihood of the hazard or the risk concerned occurring, and (b) the degree of harm that might result from the hazard or the risk, and (c) what the person concerned knows, or ought reasonably to know, about: (i) the hazard or the risk, and (ii) ways of eliminating or minimising the risk, and d) the availability and suitability of ways to eliminate or minimise the risk, and e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk’ (WHS Act, 2011, Part 2, Division 1, Subdivision 2, Section 18).

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A PCBU must also ensure, as far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. A PCBU will be liable if they expose another person to risks to their health and safety if the risk arose from the work carried out above.

In looking at the legal definition of ‘reasonably practicable’, let’s try and break it down into more accessible, everyday language.

Reasonably practicable is: • the likelihood of a hazard or risk occurring, or the probability of a person being exposed to harm • the degree of harm that would result if the hazard or risk occurred, or the potential seriousness of injury or harm • what the person concerned knows, or ought reasonably to know, about the hazard or risk. If a hazard or risk is identified, what are some ways of eliminating or minimising it?

What are some suitable ways to eliminate or minimise the risk using the hierarchy of controls?

What is the cost of eliminating or minimising the hazard or the risk?

What is required in education and care services?

The WHS Act requires PCBUs to: • provide a safe work environment • provide safe systems of work • ensure the safe use, handling and storage of equipment, buildings, playgrounds and dangerous chemicals or substances

• provide adequate facilities for the welfare of workers while they are at work

Safe use, handling and storage of equipment, buildings, playgrounds and dangerous chemicals or substances

• provide information and training to staff and supervision of staff to ensure that work is carried out safely

The following should be considered:

• monitor workers’ health and working conditions.

Safe work environment Duty of care is common law that judges make when they decide cases. They use precedents from previous cases about the same matter. If there is not a precedent, they may set a precedent for future cases. Common law has little place in modern WHS law as the Occupational Health and Safety Act 1985 replaced the common law duty of care with general duties on employers and other parties.

However, common law is still a feature of the Accident Compensation Act 1985.

• Disinfectants, bleaches and other cleaning agents should be safely stored. Some services buy their cleaning agents in bulk and then transfer them into smaller containers that are not labelled correctly. This practice can lead to accidental poisoning through ingestion, inhalation or skin contact and burns. This can affect both children and staff.

PCBUs have a moral and ethical duty of care to ensure that workers are safe in their workplace. Common law duty of care obligations are now embedded in WHS legislation.

• Pesticides and volatile chemicals, such as solvents, are easily inhaled. Management must ensure that the playground is maintained and that these chemicals are stored safely. Safety Data Sheets (SDSs), previously called Material Data Safety Sheets (MSDSs), are documents that provide information on the properties of hazardous chemicals and how they affect a worker’s health and safety in the workplace. They also provide information on the safe handling and storage of chemicals and first aid instructions. Education and care services should have copies of SDSs on a chemical register list.

The main risks in education and care services

• Maintenance of buildings includes: • regular building maintenance

Lifting

• ensuring that fire exits are not blocked

Lifting actions include:

• regular maintenance on fire extinguishers

• lifting children in and out of cots

• trimming of plants so there are no protruding branches or prickles that will harm educators, children and family members at the service

• lifting children in and out of high chairs • lifting children on or off nappy changing tables.

• ensuring that any existing asbestos in the building is not disturbed.

Working at low levels Using office areas • working at low levels may result in awkward postures, for example bending down to a child who needs assistance to climb onto a tricycle • removing sandpit covers from sandpits • tripping or falling when sitting on child-sized furniture.

Moving equipment This may involve: • educators moving large and heavy equipment such as A-frames, slides, balancing planks, jouncing boards, large plastic barrels, gardening equipment, tables and chairs and heavy tyre swings.

The following should be considered: • If an office area is not set up for correct posture, it can lead to musculoskeletal injuries. An adjustable chair should be purchased so that it can be reset to a comfortable position for all staff members.

• Workstations should be big enough to accommodate the computer monitor, keyboard and mouse.

• Do not keep office papers and equipment on the floor as they may be a tripping hazard.

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Maintaining indoor and outdoor areas

• car parking safety

Indoor and outdoor areas should be maintained to:

• bullying

• prevent falls from a height while standing on tables, chairs and ladders to hang documentation or children’s creative pieces of art

• evacuation procedures

• minimise tripping hazards in the playground • avoid flooding issues, which may result in contaminated water • ensure an uncovered sandpit is not contaminated by neighbourhood pets or rodents (e.g. cats, rats or possums).and causes staff to get sick • check for the presence of asbestos or any renovations disturb asbestos. Has your service had an asbestos audit or check?

Other risks in education and care services could be: • lack of training • noise • excursions • cleaning • infection control • intruders

• exposure to asbestos • hazardous waste exposure • contractors • staff functions • violent and aggressive children or families.

One group of educators in the sector reported that they had experienced the following in the workplace: • slipped on a banana peel • tripped over a child • jumped off a piece of climbing equipment and broke their ankle • was hit by a child • burnt in the kitchen • a child bit an educator on the bottom • fallen off a ladder • not getting rostered breaks • staying back at work at least one hour extra every week • bullying.

PRACTICALLY SPEAKING One educator was in a rush during her shift and when she went to a cupboard to fetch some materials she opened the door and smashed it against her nose. Her nose began to swell and bleed and she had to be taken to a doctor immediately for treatment. Think about the earlier discussion on safe place versus safe person. Could this accident have been prevented?

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Provide adequate facilities for the welfare of workers while at work The approved providers of education and care services or in WHS terminology, the PCBUs must provide adequate facilities for the welfare of workers while they are at work.

This might include: • clean toilets • sufficient toilet paper • cool and clean drinking water • hygienic eating areas • first aid kits • telephones.

Mould or rising damp could pose health risks for staff in a lunch room or a staff room, an office or a storeroom or a floor that needs replacing as it might collapse at any time.

Provide information, training and supervision to staff to ensure that work is carried out safely All PCBUs must provide appropriate induction and training for workers. If workers do not receive appropriate training they will find it difficult to meet the expected work standards and if they have a workplace accident the employer might be deemed negligent. Thus, there is a legal obligation that PCBUs provide suitable training.

Information or training about health and safety should be provided to educators and staff members: • during induction processes • during staff meetings • on a one-to-one basis • after an incident has occurred • when necessary.

The areas of safety that affect workers include: • safe lifting of equipment • safe lifting of children – they should be shown how to lift children or furniture and equipment in a safe manner

• accident and emergency procedures – they should be aware that under the Education and Care Services National Regulations 2011, they should practise fire drills every three months. Are there any risks or hazards to children or educators when they undertake these regular fire drills?

• first aid – what systems are in place to ensure that all staff are up to date?

• incident reporting – managers, leaders and educators should be aware that in addition to obligations under the National Education and Care Services Regulations to report incidents, they also have obligations under the WHS Act to report to the regulatory authority in their state • safe storage of chemicals • bullying or discrimination issues – training should relate to the psychological health and safety of workers in the workplace. For example, do workers know how to treat other staff and how to report any inappropriate behaviours?

• managing stress – does the service have any proactive ways to manage or reduce stress?

• health and wellbeing activities for staff in the workplace, or workplace checks? Some education and care services are proactive in their approach and provide funds for staff members to join local gyms or they present awards, for example WHS ‘Champion of the Month’.

Monitor workers’ health and working conditions Working conditions should be monitored on a regular basis. This can be undertaken by management, but educators can also undertake hazard identification for both indoor and outdoor areas daily, and report any issues to management. If you are not qualified (i.e. you do not have any WHS qualifications) and you feel overwhelmed with the responsibilities that are listed above, then you could outsource the task to professionals to undertake these duties. Just as you might outsource your bookkeeping and accounting or human resource requirements to a qualified professional, you should consider outsourcing and working with WHS professionals who know what they are doing and can give you advice.

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Some WHS consultancy businesses offer a service where they attend your service and conduct an inspection.

They may take photos and then write a report on any risks or hazards that are present at your centre. They also provide you with an action plan for implementing changes in the workplace.

• information within the workplace, which includes historical data, procedures and registers and the results of monitoring and workplace inspections. Sources of information for hazard identification available in most workplaces include: • hazard, incident and injury reports

Services could also subscribe to weekly newsletters which highlight WHS issues to keep them informed and up to date.

• investigation reports, workplace inspections

Hazard identification, risk assessment and risk control

• minutes of meetings

There are three steps for managing work health and safety in the workplace: 1. Spot the hazard ­­­­— in other words, Hazard Identification.

2. Assess the risk — in other words, Risk Assessment.

3. Make the changes — Risk control.

Spot the hazard – hazard identification A hazard is a source of potential harm or a situation with potential to cause loss, injury or illness.

The management of hazards in the work environment is a key attribute of WHS management systems. Each organisation will establish its own systematic approaches to managing hazards within legislative requirements and frameworks.

It is important to identify hazards so that they can be controlled. Hazard identification is all about good quality information. This information can be gleaned from a number of sources and may be considered in two categories: • external sources, which include regulatory authorities, industry bodies, employer groups, unions, OHS specialists, legislation, codes of practice and standards, databases, journals, websites and manufacturers’ manuals and specifications

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• maintenance records • risk registers • risk assessments • workplace policies and procedures • reports and audits • sick leave and personnel records • organisational data such as insurance records, enforcement notices and actions, worker’s compensation data • Safety Data Sheets (SDSs) and chemical registers.

Some sources of information are more useful for particular hazards. Maintenance records will be important for plant hazards and sick leave and personnel records may give indications of psychosocial hazards.

Workplace inspections A key source of information in identifying specific hazards is direct observation, or more specifically, informed direct observation of the workplace and its various tasks.

Workplace inspections, walk-through surveys and the use of checklists can assist in the risk identification process.

Examples of workplace hazards in education and care services include: • untidy office store rooms • untidy playground storage sheds where large heavy items are stored at a height • frayed electrical cords which could result in an electric shock • used syringes in playgrounds after a weekend break.

Source a checklist as a starting point Hazard-specific workplace inspection checklists may be available in the workplace or may be accessed from the WHS regulator, industry bodies, similar workplaces or WHS consultants. Even if there is an existing checklist(s) in the workplace, it is important to regularly ‘benchmark’ to check if there are better or more useful checklists available.

Codes of practice are a useful resource. By their definition, they give guidance on how to comply with regulatory requirements. Most hazard-specific codes of practice include one or more tools to assist in hazard identification.

These tools may be generic or may be adapted to suit specific industries. While codes of practice should be followed unless there is an equal or better way, the checklists still need to be reviewed to ensure that they are appropriate for a particular situation.

Simple hazard identification checklists may identify hazards such as: • obstructed doorways • defects in flooring • spills

• frayed or trailing electrical cables • damaged or faulty portable lamps, hot glue guns, microwaves • hazardous chemicals not adequately contained.

Examples of health hazards are: • lifting and handling heavy children • tripping over children • high noise levels due to buildings not being designed for children • heat • radiation • harmful dusts or vapours • work-related stress and other psychosocial hazards such as workplace violence and bullying • other hazards such as fatigue due to long and unreasonable shifts.

This hazard identification list is specifically for WHS, and not for the health and safety of children, although invariably these will overlap in a final hazard checklist for an early childhood centre.

• misplaced or broken machinery guarding, e.g. a kiln

Outside

Tick

Playground is free of syringes that may pierce a worker’s shoe.

Sandpit has been cleaned to ensure it is free of animal faeces.

Paths and paving surfaces are free of slipping hazards, e.g. sand. Is there any non-slip covering on ramps to prevent slipping when it is wet?

Soft-fall and grassed areas are free from hazards.

Tyres and other equipment with recessed areas are free of snakes and spiders.

Inside

Tick

Exits are clear.

Heaters are maintained.

Training has been given to workers on lifting children while changing their nappies.

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Review the checklist Any hazard-specific checklist should be reviewed prior to use to ensure that it: • is relevant to the industry or type of work • suits the workplace • addresses all the required areas or items • is usable by the people in your workplace.

The people who should be involved in the review include: • the educators or staff members who will use the checklist • the educators or staff members who do the work • WHS consultants.

As we are learning more about workplace hazards all the time, all checklists should be reviewed on an ongoing basis to ensure that they allow for emerging issues and reflect current industry knowledge and practice.

Remember, the conditions that lead to the loss of control of a hazard may develop over quite long periods of time and come directly from, or through the interaction of, one or more of the following five sources:

• educators and other staff members including the cooks/chefs • the WHS representative • WHS consultants • ‘fresh eyes’ – maybe a WHS representative from another centre • an authorised officer.

Conduct the inspection Inspections should be repeated at regular intervals. They should also be conducted at unscheduled times to pick up on the items that may not be apparent when scheduled inspections occur. There is a danger that the checklist may ‘blinker’ the people doing an inspection or the format may limit the extent of the comments or notes. Also, there is the ‘tick and flick’ approach that results in a pile of paper, but little effective hazard identification.

• the physical environment

While checklists are a vital tool in hazard identification, some hazards may not be identified if the process is totally checklist driven. All workplaces should consider seeking expert input to the hazard identification process, especially at key times such as:

• the leadership and management

• when a new centre is opened or purchased

• equipment • policies and procedures • people and human error.

Checklists usually focus on the physical environment. In reviewing the checklist, consider to what extent it includes items that address the other four sources listed above.

Identifying hazards and the preconditions that may result in loss of control of the hazard should be a collaborative effort. Where possible, workplace inspections are best conducted by a team. There may be two people for each inspection, and it may mean rotating the people who do the inspection so that ‘fresh eyes’ are applied from time to time. It may also mean bringing in someone from outside the workplace to accompany a person who is familiar with the workplace and the tasks. A team approach allows for a more comprehensive and collaborative review of the work and the environment. The team may include (not necessarily at the same time):

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• during self-assessment phases • before changes are made to the buildings or playgrounds.

Risk assessment Risk assessment is the process of working out the likelihood that a hazard will hurt someone and how serious that injury could be.

Educators should ask themselves two questions: • How likely is it that the hazard could harm me or someone else?

• How severely could I or someone else be harmed?

It is important to communicate any hazards you cannot fix, especially if the hazard could cause harm to you or anyone else.

A safe workplace doesn’t just happen by chance or by guesswork. It requires a systematic approach to finding and fixing hazards and risks. This approach ensures the highest level of protection is in place for people at work. It begins with identifying the hazards. Once you have identified hazards, you should: • undertake the process of risk assessment using a risk assessment template (see below) • tell your approved provider, manager, leader or health and safety representative if you think a work practice is dangerous.

The following tables will assist you in determining the likelihood of the hazard. Risk assessments ask you to assess the probability of an accident occurring.

Descriptor Certain

Description It is expected to occur in all circumstances.

Almost certain It is expected to occur in most circumstances.

Likely

Will probably occur in most circumstances.

Possible

Might occur at some time.

Unlikely

Could occur at some time, but unlikely and only in exceptional circumstances.

Determine the consequences Level of effect

Example of each level

Insignificant/ Acceptable

No effect – or so minor that effect is acceptable

Minor

First aid treatment only

Moderate

Medical treatment

Major

Extensive injuries, loss of production, e.g. a fire

Catastrophic

Death

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Risk Matrix

Minor

Moderate

Major

Catastrophic

Almost certain

Moderate

High

High

Extreme

Extreme

Likely

Moderate

Moderate

High

Extreme

Extreme

Low

Moderate

High

High

Extreme

Low

Low

Moderate

High

High

Low

Low

Low

Moderate

High

Unlikely Possible

Insignificant

Rare

Likelihood

Consequence

Extreme – Act now – Urgent – do something about the risks immediately. Requires immediate attention.

High – the highest management decision is required urgently.

Moderate – follow management instructions.

Low – OK for now. Record and review regularly, and check if any equipment/people/materials/work processes or procedures change.

You would then complete the following risk assessment template using the above tools.

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Below is an example of a risk assessment for an excursion to a local park where educators have chosen to take the children bike-riding. This risk assessment is for the safety of the educators and for the safety of the children.

Excursion to Sunnyside Park Risk assessment Activity

Hazard identified

Risk assessment

Elimination/control measures

Bike riding

Can children ride?

Moderate

Director/ 1. Survey parents before the excursion to determine the Coordinator children’s bike-riding skills so they can be grouped accordingly.

Can staff ride?

What if someone falls off their bike?

Who

When?

2. Carry a first aid kit for any accidents.

3. Each educator to carry a phone when groups are split up.

4. On the day, group children according to skill level and allocate them to one educator for supervision.

Leaders and managers should ensure that staff members do not have a pre-existing condition that would be exacerbated by bike riding.

Bike riding

Extreme heat

Moderate

1. Children and staff must have sunscreen applied before leaving for the park.

2. Children and staff must wear hats.

3. The time of the excursion could be changed to earlier in the morning so it is not too hot.

4. If it gets too hot, ring bus driver and ask them to pick up the group earlier.

5. If one child or staff member is too hot and seems to be suffering from heat exhaustion, the group will leave.

6. Organise for a parent/staff member to arrive with icy poles for the children.

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Bike riding

Insect bites

Moderate

1. Bring an insect repellent on the excursion.

2. Ensure that the first aid kit has some ‘Stingoes’.

Bike riding

Snakes

Low

1. Ensure that children and staff members stay on the main path and do not go into the areas of long grass.

2. Ensure that staff know the first aid procedures for snake bites.

3. Ensure that everyone wears appropriate shoes.

Risk assessment Activity

Hazard identified

Risk assessment (use matrix)

Elimination/control measures

Who

When

Risk assessments are not undertaken just for excursions, but may be undertaken for certain pieces of equipment either inside or outside the building. Once a risk assessment demonstrates that there is risk involved, then this risk should be managed.

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Make the changes – risk control It is the responsibility of the PCBU to fix hazards. Sometimes educators will be able to rectify simple hazards, if they don’t put themselves at risk. For example, if you notice a frayed cord on a piece of electrical equipment, you may decide to throw out that piece of equipment. That is called ‘elimination’ and is one of the steps in a process called the hierarchy of control, which includes the following: • elimination

• administrative controls

• substitution

• PPE.

• engineering controls

Most effective

Hierarchy of Controls Elimination

Physically remove the hazard

Substitution

Replace the hazard

Engineering Controls

Isolate people from the hazard

Administrative Controls

Change the way people work

PPE

Protect the worker with Personal Protective Equipment

Least effective

Elimination

Engineering controls

Eliminate the risk (so far as is reasonably practicable). The best option is to remove the risk completely, so you should always try to do this at first. Elimination might occur with faulty electrical appliances.

Engineering controls include adjusting the equipment or building structures that may be hazardous. Engineering controls may be used if a staff member hurts themselves on something in the centre. For example, if an adult walked into an outside pole, rather than remove the pole (which is holding up the shade sail), you may surround it with padding.

Substitution If you can’t remove the risk, think about substituting the equipment or processes that you are using. What could you use as a substitute? For example, if you used a hot glue gun as an adhesive and an adult burns their finger, you might suggest that they use a PVA glue instead.

Administrative controls You may need to review your processes to remedy hazards. Administrative controls include policies, procedures, training, supervision, signs, flags, rostering practices and safe storage of chemicals.

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Personal protective equipment (PPE) Educators and staff members may need protective equipment so that they can undertake their work effectively. For example, the service may supply staff members with hats and sunscreen for outside supervision.

In practice, a combination of control measures will be required to reduce the risk to an acceptable level. You must always apply the hierarchy in order from the top down, as far as practicable. Always consider elimination first as an option and only consider PPE as an additional, least reliable resort.

Risk controls should be monitored and reviewed for any residual risk. Residual risk is simply any level of risk left after treatment measures have been taken.

Once the risks have been assessed and rated, you may enter your results into a safety action plan.

You could use the template below.

SAFETY ACTION PLAN Safety issue or hazard

Action required

Person responsible

High priority

Medium priority

Low priority

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Date of action to be completed

Review date and comment

Element 2 Regularly provide information about WHS policies and procedures to the work team.

Provide information about identified hazards and the outcomes of risk assessment and risk controls to the work team.

Monitor housekeeping practices to ensure that WHS policies and procedures are followed.

Maintain WHS incident records in the work area according to workplace procedures and legislative requirements.

Provide information to the work team The simplest way of regularly providing information about WHS policies and procedures to the work team is to schedule an agenda item for WHS at every staff meeting.

Leaders and managers could choose one work practice at each meeting to discuss and share information. One of these agenda items could be discussion about safe housekeeping practices.

Other ways include demonstrations of the correct use of PPE, newsletters, shared articles on safety, or membership of a health and safety committee. These members should be encouraged to also share information at staff meetings.

Safe housekeeping practices Safe housekeeping practices can eliminate some workplace hazards, whereas sloppy housekeeping hazards can contribute to accidents. All education and care services should be kept clean and tidy and well maintained. Overflowing bins, clutter and piles of old furniture and equipment may contribute to vermin, pests, fire hazards and trips and falls. Good storage facilities should be carefully planned for and maintained in an orderly way. Good housekeeping protects staff members and children from being hit by falling objects, slipping on wet or greasy surfaces or cutting their hands on protruding nails or broken wire fences. Educators should also dust away cobwebs and call in pest control companies when insects or rodents are present.

Good housekeeping practices include: • being carried out regularly • cleaning up during your shift • safely disposing of rubbish and sharps • removing equipment that is stacked and not being used • undertaking inspections to ensure that everyone’s workspace is being cared for • changing light bulbs when they blow • changing the batteries in smoke alarms • ensuring that staff areas are safe and comfortable and there is no overcrowding • soap and toilet paper are supplied • floors are professionally cleaned and sealed at certain times of the year • carpets are steam cleaned • painting is undertaken when necessary • checking plants in the playground to see if they attract bees or wasps, if they are poisonous or if they have prickles • maintenance of tools and equipment.

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Codes of practice Codes of practice are developed by regulatory authorities and informed by public comment. They are guides to achieve the desired standards of health, safety and welfare of workers. An approved code of practice should be applied to particular issues, associated with the work that workers undertake in their workplaces. Approved codes of practice can be used in a court of law.

Some codes of practice that education and care services may draw on are: • managing electrical risks at the workplace • managing the risk of falls at workplaces • first aid in the workplace • labelling of workplace hazardous chemicals • hazardous manual tasks.

Workplace policies and procedures Education and care services may have a series of policies and procedures that relate to the WHS of educators and other staff members. An example is a code of conduct. The code may be very broad but may also include guidance for educators to ensure the health and safety of everyone at work. See the example below (which has been amended so that it relates to WHS legislation and requirements).

Name of policy

Code of Conduct

Scope

All staff

Legislation

Work Health and Safety Act 2011 and the 2016 Model Work Health and Safety Regulations.

National Quality Standard and Elements

National Quality Standard, Quality Areas 4 and 7.

Element: 4.2.2 Duty of care: a legal obligation imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.

Ethical conduct: appropriate and expected behaviour of educators in their workplace.

This could be referenced against the Early Childhood Australia Code of Ethics.

Definitions

Harassment: when someone intimidates, insults or humiliates another person.

Harassment can include racial slurs, explicit or suggestive emails, derogatory comments or taunts about someone’s race or religion.

Complaint: an expression of discontent about a person or their behaviour.

Respect: due regard for the feelings, wishes or rights of others.

Policy: The approved provider establishes a code of conduct that incorporates the vision and mission and the philosophy of the service to ensure fairness and equity. This policy will provide guidelines for staff, educators, volunteers and visitors to the service of appropriate behaviour and interactions.

Every person associated with the service (parents/guardians/children), staff including educators and management must be treated fairly, courteously, impartially and with respect always. There will be no discrimination against or vilification of any person or child.

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All members of the service are entitled to expect and receive the same treatment from customers and do not have to suffer harassment, victimisation, abuse, discrimination or vilification.

Strategies: 1. Early Childhood Australia’s Code of Ethics will be displayed in the staff/common room and a copy provided to each educator on their Induction to the service.

2. This policy will be kept up to date with current legislation and best practice.

3. A review of this policy will be undertaken annually to ensure that it is relevant and efficient and considers the feedback from parents.

4. If educators or staff members are in breach of the code of conduct, a process will be followed by management to address the breach.

5. Police will be contacted if there is any threat to the health and safety of children in the service due to unacceptable behaviour of a staff member or educator.

Explicit behaviours that are not appropriate: • swearing in the presence of children or families • smacking or any form of physical punishment • yelling or shouting at any child or family member or another staff member • smoking within the education and care environment • smoking within view of the education and care service • inappropriate use of social media.

Procedures for Code of Conduct breaches: 1. An investigation into the allegation or witnessed behaviour is carried out.

2. A meeting is held with the staff member to discuss the findings of the breach of conduct.

3. A letter of warning is issued depending on the finding of the investigation, which states that another breach will not be tolerated.

4. A copy of the letter is kept in the records for that staff member.

5. If the breach of the code of conduct is enacted by a parent or family member of a child at the service, the service reserves the right to withdraw or suspend a child’s place in the program.

Code of Conduct acceptance I hereby acknowledge that on …../……/…, I received a copy of the Code of Conduct for …….

I have read this policy, I understand its contents and I agree to abide by the principles, practices and consequences set out within.

I understand that the approved provider will address any breach of this policy, and that any serious breach could lead to legal or disciplinary action.

I understand that a signed copy of this acknowledgement will be kept on my staff record while I am working at the service, and will be disposed of when my employment has ceased.

Signature

Name (please print)

Date

Witness signature

Name (please print)

Date

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This policy is in place to protect all staff members from psychosocial issues such as: • Bullying • Stress • Violence Another example of a workplace policy or procedure might be a hazardous substances policy.

Name of policy

Hazardous Substances

Scope

All staff and contracted cleaners

Legislation

National Law: s167 National Work Health and Safety Act, 2011

National Quality Standard and Elements

2.1.2, 2.2.2

Definitions

Hazardous substances include household chemicals, pesticides, medicines, and eucalyptus oils used in vaporisers, mothballs, cosmetics, paints, glues, dyes and varnishes.

Policy: The Director/Coordinator/Approved Provider of the centre, in conjunction with trained staff, must ensure that employees, children, families and visitors are protected from the hazards associated with chemical products, medicines and other hazardous substances used in the centre’s indoor and outdoor environment.

Procedures: 1. Choose the least hazardous chemical or product for the task required. This includes all the above substances mentioned in the definition of ‘hazardous substances’ that are used routinely in children’s services.

2. Choose chemicals or medicines with child-resistant lids and caps.

3. Ensure that all dangerous cleaning materials (including detergents) poisons and other dangerous substances and medications are stored in their original labelled container and not transferred to any other container. Do not reuse containers once they are empty.

4. Any hazardous substance should be kept in a secure or locked place and be inaccessible to children.

This should include: I. all cleaning materials including detergents II. poisonous and other dangerous substances III. toiletries IV. medications V. first aid equipment VI. eucalyptus oil, lavender oil, tea tree oil and any other natural oils used in oil diffusers 5. Any hazardous substance for outdoor garden maintenance such as pesticides, herbicides, solvents, petroleum or kerosene are kept locked in an area separate from the children’s play areas and environment. They should not be stored at ground level.

6. If any medications are to be refrigerated, they need to be stored in a labelled child-resistant container in a separate compartment of the fridge.

7. Ensure that containers that were used to store chemicals are not reused and are properly discarded when empty.

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8. Follow the manufacturer’s instructions for use, storage and first aid and obtain a Material Data Safety Sheet (MSDS) to keep with the substance or where staff can have immediate access in an emergency, and ensure all staff are aware of the safety and first aid information in the MSDS. 9. Keep a list or register of all hazardous chemicals or substances that you have. Record where they are stored, how they are hazardous and if there are any first aid instructions available in relation to exposure.

10. When disposing of unwanted hazardous chemicals or substances, do so safely in accordance with the manufacturer’s instructions, WHS regulations, local council regulations or Department of Health as relevant.

11. Wear appropriate personal protective clothing (e.g. gloves, aprons, mask, and goggles) in accordance with the manufacturer’s instructions when using or disposing of hazardous chemicals or substances.

12. Seek medical advice immediately if poisoning or potentially hazardous ingestion, inhalation, skin or eye exposure has occurred, or call the Poisons Information Line on 131126, or call an ambulance, dial 000.

13. In the case of any child or staff member injured by a chemical, substance or equipment, institute your emergency, medical and first aid procedures, notify WorkCover/WorkSafe (in your state) immediately and any other person or authority as required by state legislation.

14. In any major emergency involving a hazardous chemical or equipment, a hazardous gas or a fire or explosion hazard, call the emergency services, dial 000 and notify WorkCover/WorkSafe (in your state) immediately and any other person or authority as required by the Education and Care Services National Regulations 2011.

The Hazardous Substances Policy might be accompanied by a hazardous substances/chemical checklist (See Appendix 1).

WHS requirements might also be embedded in other workplace policies such as: • WHS Policy • First Aid Policy • Excursion Policy

their workplace safer. HSRs may form a committee with members of other services. For example, if your service is part of an education and care group, then you may liaise with your colleagues from other centres. Often different centres share the same challenges with safety.

HSR committees should take meeting notes and these should be shared with staff members (See Appendix 2).

Workplace emergency procedures

• Hygiene Policy • Induction Policy • Infectious Diseases Policy • Safety Training Policy • Bullying Policy • Sun Awareness Protection Policy • Tobacco, Drug and Alcohol Policy.

Health and safety representatives All elected health and safety representatives (HSRs) are encouraged to undertake WHS training. This training must be approved by the state regulator and will help a HSR to understand and exercise their rights effectively.

WHS training equips HSRs with confidence, skills and knowledge to represent their co-workers and to help make

An emergency refers to any situation that poses a severe and immediate risk to anyone present in an education and care service.

Emergency procedures are designed to give staff members and children actions to undertake that will protect them from imminent danger and allow them to move to a designated place where they are safe. The room leader of each room is responsible for ensuring that all staff members, children and visitors within the area are informed of, and have practised, emergency procedures.

Lock down and fire evacuation drills will be conducted every three months in accordance with the Education and Care Services National Regulations, 2011. Educators and staff members will be given adequate instruction and training to ensure their effectiveness.

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Regulations 97 and 168 of the Education and Care Services National Regulations, 2011 mandate services to have policies and procedures which set out instructions for what must be done in an emergency. It also requires services to have an evacuation plan displayed near the exits to the service.

Incidents and incident investigation If a worker is injured, the first thing the PCBU must do is to get appropriate medical treatment. If the injury is serious, they must notify their regulatory authority to report it as a notifiable incident.

A notifiable incident is:

Regulation 97 of the Education and Care Services National Regulations 2011 states: ‘(1) The emergency and evacuation procedures required under regulation 168 must set out— (a) instructions for what must be done in the event of an emergency; and (b) an emergency and evacuation floor plan.

(2) For the purposes of preparing the emergency and evacuation procedures, the approved provider of an education and care service must ensure that a risk assessment is conducted to identify potential emergencies that are relevant to the service.

Penalty: $2000.

(3) The approved provider of an education and care service must ensure that— (a) the emergency and evacuation procedures are rehearsed every 3 months that the service is operating, by the nominated supervisor, staff members and volunteers and children being educated and cared for by the service; and (b) the rehearsals of the emergency and evacuation procedures are documented.

Penalty: $2000.

(4) The approved provider of an education and care service must ensure that a copy of the emergency and evacuation floor plan and instructions are displayed in a prominent position near each exit at the education and care service premises, including a family day care residence and approved family day care venue.

Penalty: $2000.’

(MCEECDYA, 2011, p.116).

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• the death of a person • a ‘serious injury or illness’, or • a ‘dangerous incident’ arising out of the conduct of a business or undertaking at a workplace.

Notifiable incidents may relate to any person – whether an employee, contractor or member of the public (Safe Work Australia, 2015).

Only the most serious health and safety incidents are notifiable.

Requirements of injury notification Once a PCBU (employer) has taken care of the worker, they must make a report of the incident. This can be done in a register of injuries that is to be kept in the workplace.

The register of injuries must not only record accidents and injuries, but also near misses. A near miss is when a staff member has nearly been injured but fortunately an injury was avoided. The requirements are as follows: • Employers must keep a register of injuries at each workplace for employees to record any workplace injury or illness. The register of injuries can be a diary, exercise book or electronic file.

• An injured worker (or someone acting on their behalf) must notify the employer in writing of any work-related injury or illness within 30 days of becoming aware of the injury or illness.

• Employers must provide written confirmation to the injured worker that they received notification of the injury or illness.

• Employers should provide a signed and dated copy of this entry to the injured worker.

When the employer is informed that a worker is injured and is not able to return to their normal duties, it is good practice to give the staff member information

about returning to work. This includes information on the employer’s obligation to assist the worker to return to work, and the staff member’s return to work rights and obligations.

In addition to reporting an incident, it must also be investigated. The main purpose of the investigation is to establish the contributing factors to the incident.

The following steps could be followed to undertake an investigation:

• Inspect the scene of the accident and take photos if you need to.

• Thank everyone who has contributed to the investigation.

• Record all data accurately, in writing. Use your register of injuries. In your analysis, include actions that should be taken to prevent this type of incident re-occurring.

A sample form is attached to the end of this resource (see Appendix 3).

• Interview the victim and any witnesses, one by one and privately, to determine what happened.

• Try not to blame anyone. It is not a witch hunt.

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Element 3 Support workplace consultative procedures by encouraging work team participation in consultative activities.

Report health and safety issues in line with workplace procedures and legislative requirements.

Encourage and assist work team members to contribute to WHS.

Consultation with workers PCBUs (your employer) must consult with workers (educators) when: • identifying or assessing hazards or risks • making decisions on how to control risks • making decisions about the adequacy of facilities for worker welfare (such as dining facilities, change rooms, toilets or first aid) • making decisions about procedures to: • resolve health and safety issues • consult with workers on health and safety • monitor workers’ health and workplace conditions— provide information and training • determining the membership of any health and safety committee in the workplace • proposing changes that may affect workers’ health and safety such as changes to: • the workplace • buildings, substances or other things used in the workplace − the work performed at the workplace • doing any other thing prescribed by the Regulations.

For consultation to be meaningful, opportunities must be provided for workers and HSRs to express their views about health and safety matters.

Where there are HSRs, the employer must invite and meet with the HSRs or meet with the HSRs at their request.

Several meetings may be required, depending on the matters involved.

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Workers and HSRs should be encouraged to ask questions, raise concerns, propose options, make recommendations and be part of the problem-solving process.

For meaningful consultation to occur, face-to-face meetings may be the best option; however, there may be circumstances where this is not suitable. For example, if one HSR cannot attend a meeting with other HSRs and management, or where the WHS manager is based in Melbourne, for example, but the manager and HSRs of an affected work group are in a regional workplace, a phone conference may be required.

Before a final decision is made, employers should respond to concerns and questions raised by workers and HSRs. They should give feedback to workers and HSRs about options that were considered. They should explain to workers and HSRs the final decision or course of action and why it has been taken.

While employers, HSRs and workers should aim to reach agreement through the process of consultation, agreement is not a required outcome of the Act. An employer is still ultimately responsible for making decisions about health and safety, and controlling risk so far as is reasonably practicable.

Encouraging team members to contribute It is important that workers contribute to WHS. It is a task that must be undertaken collaboratively and workers should be encouraged to contribute.

Workers should carry out their duties in a manner which does not affect their own health and safety or that of others. They should cooperate with any risk control measures that are introduced and undertake any training that they need in relation to WHS. This training may include use of PPE, manual handling or on how to operate the safety devices provided on furniture such as cots for babies.

If an employee spots a potential hazard, they should be encouraged to immediately report all matters which may affect their workplace health and safety or that of others to their manager or room leader. A culture of safety should be embedded and any educators who intentionally misuse or recklessly interfere with anything that has been provided for health and safety reasons should be approached and spoken to by management.

Summary Educators and staff members who work in education and care services should understand that everyone is responsible for their own safety and they are also responsible for the safety of others, including their colleagues, families and children.

All accidents are preventable when a culture of safety is embedded and educators and staff members respect and follow the service rules, regulations and procedures. When services encourage professional learning and training, safety is an aspect of the service in which educators can become proactive, rather than reactive. Practising good housekeeping and being prepared are vital to protecting workers in the workplace.

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Appendix 1 HAZARD, NEAR MISS, OTHER INCIDENT AND INJURY/ILLNESS REPORT (REGISTER OF INJURIES) AND INVESTIGATION FORM Complete relevant part(s) of the form and forward to your employer as soon as possible.

PART 1: NOTIFICATION OF HAZARD OR INCIDENT Name of person reporting the hazard, near miss or incident (optional): ……………………………………………………

Hazard, near miss or incident location: ……………………………………………………

Date of incident: ……………………………………………………

Time of incident: …….….….

AM

PM

Detailed description of hazard, near miss or incident – including all immediate and underlying factors contributing to the incident. (Consider tools, equipment, materials, physical environment, the people, their knowledge, training, behaviour, culture, supervision procedures.)

PART 2: DETAILS OF ANY PERSON INJURED Name of injured/ill person: ……………………………………………………………………………………………………

Address: ……………………………………………………………………………………………………

Work location of injured person: ……………………………………………………………………………………………………

Nature of injury/illness: ……………………………………………………………………………………………………

Part of body injured (tick applicable boxes):

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Eye

Shoulder

Forearm/wrist

Chest

Ear

Upper arm

Abdomen

Knee

Head

Elbow

Groin

Leg

Neck

Hip

Internal organs

Ankle/foot/toe

Back

Other

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Incident type (tick applicable boxes): Slip, trip fall

Manual handling

Strike against object

Contact with chemicals

Struck by moving object

Biological affects

Climbing in or out of vehicle

Noise or vibration

Cut/stabbed by sharp object

Psychological stress

Contact with electricity

Other

Treatment required (tick applicable box): None

First aid

Doctor

Hospital

Other

Outcome

To be completed as soon as possible – depending upon risk level – by employer in consultation with employees.

PART 3: INVESTIGATION AND PREVENTION To be completed by the manager or room leader Action taken/recommended to reduce risk or prevent reoccurrence.

Consider the contributing factors identified prior:

Name (block letters) and signature: ……………………………………………………………………………………………………

Date: ……………………………………………………………………………………………………

Action completed:

Yes

No

If no, state anticipated completion date: ……………………………………………………………………………………………

Health and safety representative or relevant employee comments: …………………………………………………………

Name: ……………………………………………………………………………………………………

Signature: …………………………………………………………………………………………………… Date:……………………

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Appendix 2 WHS Meeting 7/09/16 1. All new evacuation plans have been completed. They will be printed and placed around the centre as soon as practicable.

2. We will be providing training on manual handling. We will organise for later in the year.

3. Incident review.

There has only been one major incident recorded since our last meeting.

Most of the staff incidents have been minor.

Part-time staff

Slipped on deck

Hurt shoulder

Part-time admin

Repetitive over reach

Tennis elbow

Educator

Cutting timber

Lacerated finger

Admin staff

Seated

Back spasm

Educator

Spilt tea

Minor burn

Maintenance

Grinding

Lacerated finger

Children - we had a small number of minor incidents on the new playground equipment.

4. Risk assessment reports Generally, these have been extremely well done.

Many of the risk assessments reached the same conclusions: That there is clutter, electrical cords pose trip hazards and many doorways have blocked access.

Because of the risk assessments, a few requests are being submitted to the relevant rooms. Once these have been done, we will note on the documentation that the works have been completed. When it is time to review the area, we are hoping that there should be a significant decrease in the documented risks.

5. Secretary appointment Leanne Gordon has agreed to be the secretary and will write up the minutes, agenda and schedule meetings.

6. Evacuation drill • Marjory Wright expressed some concerns about the evacuation procedures.

• Emergency Management Plan review needs to take place as there have been several staff movements and perhaps our procedures and practices require review. Does a subcommittee need to be formed?

• An evacuation and lockdown policy needs to be written. Can this happen within the WHS Committee or does it need to be formulated by the subcommittee?

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7. Evacuation policy At regular intervals, to be determined by the management and in conjunction with the WHS Committee, there will be an evacuation or lockdown procedure. (Evacuation drills at least once per term; lockdown procedure will substitute one evacuation drill per year).

Staff will be informed of the evacuation well in advance via the Vice Principal’s office. Depending on the age of the children, it will be up to the teacher’s discretion whether to inform them of the pending procedure.

The evacuation or lockdown procedure will follow the procedures set out in the Emergency Management Plan.

A post-evacuation debrief must be completed no more than one week post-drill.

Evacuation: • What processes do we have in place to know when key staff (Fire wardens) are absent from work?

• Coloured helmets or vests to help distinguish who is who?

• What information is required by the manager?

8. SafeWork entry report A representative from SafeWork audited the service on 25 August. He was specifically looking at lifting issues and targeted the area of nappy change tables.

Following this walk around, he was quite happy with the practices and procedures that we have in place. I showed him our policies, risk assessments, Incident reports, testing and tagging documentation, induction manual and sign-off, minutes of WHS meetings and any other requested documentation.

Because of the walk around and inspection, the SafeWork rep was fairly impressed with our areas. Unfortunately, he did issue us one improvement notice. This was for the hanging systems located in the classrooms, i.e. the use of fishing wire used to display art and projects. These need to be able to be lowered and raised without standing on a ladder to change or remove the art work. The inspector will be returning on 22 October to re-inspect.

9. General business.

SafeWork Conference on 25–29 October. Check website for details.

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Appendix 3 Hazardous Substances/Chemicals Policy checklist This checklist may be used as part of a review or it might be used after an incident.

Yes A hazardous substances policy is in place.

Management is committed to the objectives of the policy.

Sufficient resources have been provided to ensure that the objectives of the policy are met.

Staff at all levels are aware of, and understand, the policy.

A purchasing system is in place to vet the introduction of new hazardous substances.

A system is in place to ensure that all hazardous substances in the workplace are appropriately labelled.

A system is in place to ensure that material safety data sheets are obtained for all hazardous substances.

A hazardous substances register is in place, properly maintained and accessible to relevant employees and their supervisors.

Emergency and first aid arrangements are in place for dealing with incidents involving hazardous substances.

Relevant employees and their supervisors are consulted on health and safety issues related to the use of hazardous substances in the workplace.

Risk management is undertaken for all hazardous substances and related processes, and the hazardous substances management program is regularly monitored and reviewed.

Workplace monitoring is undertaken where necessary and appropriate control measures are instituted where potential problems are identified.

Health surveillance is undertaken where necessary and appropriate control measures are instituted where potential problems are identified.

All relevant employees and their supervisors receive appropriate information, training and supervision to ensure the safe use of hazardous substances in the workplace.

A system is in place to ensure that all accidents, incidents and near misses involving hazardous substances are reported, investigated and recorded, and that appropriate corrective measures are implemented.

Records of risk assessment, control measures, workplace monitoring and health surveillance are kept for the duration required by local regulations.

Systems are in place to ensure the safe and proper disposal of hazardous substances and related waste.

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No

Appendix 4 Definitions

B E H

Breach – breaking a law or failing to observe a law

Emergency – an emergency refers to any situation that poses a severe and immediate risk to anyone present in an education and care service.

Hazard – a hazard is a source of potential harm or a situation with potential to cause loss, injury or illness.

Health and safety representative – a health and safety representative is a person who is elected to represent a designated work group.

Incident – an event in which harm may potentially occur, resulting in either personal injury or property damage and which occurs in conjunction with a work activity.

I

Immediate threat – a situation that is likely to lead immediately or directly to injury or harmful exposure.

Independent contractor – a person who is not directly employed under a contract of employment or training by the principal employer at a workplace, but engaged to provide particular services in return for a fee.

Indictable offence – a serious offence able to be tried before a judge and jury.

Inspector – an inspector appointed under the WHS Act.

N

Negotiation – a discussion intended to produce an agreement or the activity or business of negotiating an agreement. This means that a position put to one party to elicit comment or feedback would not be a ‘negotiation’ within the meaning of the Occupational Health and Safety Act 1985.

Notifiable incident – an incident that results in the death of a person, medical treatment within 48 hours of being exposed to a substance (chemicals or biological materials), immediate hospital treatment as an inpatient or a serious injury such as amputation (of any part of the body), serious head injury, serious eye injury, de-gloving or scalping, electric shock, spinal injury, loss of bodily function, serious lacerations – any incident that results in medical treatment in a hospital or medical treatment within 48 hours.

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R

Reasonably practicable • the likelihood of a hazard or risk occurring. This means what is the probability of a person being exposed to harm?

• the degree of harm that would result if the hazard or risk occurred. This means, what is the potential seriousness of injury or harm?

• what the person concerned knows, or ought to reasonably know, about the hazard or risk. If a hazard or risk is identified, what are some ways of eliminating or minimising them?

• some suitable ways to eliminate or minimise the risk using the hierarchy of controls • the cost of eliminating or minimising the hazard or the risk.

Risk – arises when there’s the chance that a hazard will cause harm. The level of risk will depend on factors such as how often the job is done, the number of workers involved and how serious any resulting injuries could be.

Risk control – is planning and implementing activities that eliminate or reduce risks to an acceptable level.

Risk assessment – a process of working out how likely it is that a hazard will hurt someone and how serious that injury could be.

S W PCBU

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SDS – Safety Data Sheet.

Worker – an employee Workplace – a place, whether in a building or structure, where employees or self-employed persons work.

PCBU – persons conducting a business or undertaking.

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References MCEECDYA (Ministerial Council for Education, Early Childhood Development and Youth Affairs). (2011).

Education and Care Services National Regulations.

Retrieved 14 February, 2017 from http://acecqa.gov.au/ national-quality-framework/national-law-and-regulations/ national-regulations.

New South Wales Government, Work Health and Safety Act 2011. Retrieved 14 February, 2017, from http://www. legislation.nsw.gov.au/#/view/act/2011/10/full.

Safe Work Australia. (2015). Incident notification fact sheet. Retrieved 14 February, 2017 from http://www. safeworkaustralia.gov.au/sites/swa/about/publications/ pages/incident-notification-fact-sheet.

Safe Work Australia. (2016). Jurisdictional progress on the model Work Health and Safety laws. Retrieved 14 February, 2017 from http://www.safeworkaustralia.gov.au/sites/ swa/model-whs-laws/pages/jurisdictional-progresswhs-laws.

WorkSafe Victoria (n.d.). Children’s Services – occupational health and safety kit: How to control the risks from the most common hazardous tasks in the children’s services sector.

Retrieved 14 February, 2017 from https://www.worksafe.vic. gov.au/__data/assets/pdf_file/0020/9524/Children27s_ services_kit_updated.pdf.

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