NECA NEWS June 2021

Page 52

SIGNATURES AND WHS REQUIREMENTS COMPLETING SAFETY DOCUMENTS, SUCH AS SAFE WORK METHOD STATEMENTS (SWMSs), HAS BECOME A PART OF THE EARLY MORNING RITUAL FOR OUR INDUSTRY. BUT HOW IMPORTANT IS IT TO ‘SIGN’ THESE DOCUMENTS? WHERE AND WHEN DO YOU NEED TO OBTAIN SIGNATURES AND WHAT FORMAT IS ACCEPTABLE? Must you sign at all? In New South Wales, whether it is a SWMS, policy, JSA or toolbox talk, there is no explicit requirement for a physical signature to be included on any safety document or SWMS under the Model Work Health and Safety Act or the Work Health and Safety Regulations. There is a requirement for workers to ‘acknowledge’ a confined space entry permit, but that is about as prescribed as it gets. The Model Code of Practice for Construction Work (the Code) provides that an “SMWS may include details of workers who have been consulted on

the SWMS, the date the consultation occurred and the signature of each worker acknowledging their participation in developing the SWMS”.

that must be included, and other information that should be included. Notably, the sample provides a space for workers to sign and date the document.

Safety documents and SWMSs are not legal contracts or deeds, but they can be considered legal documents that are admissible in court. The Code does not express that signatures on SWMSs are a control measure; therefore, when considering the SWMS, the presence or absence of a signature will not be the smoking gun needed to address business owners’ non-compliance.

While the Code does not mandate signatures on SWMSs, it is generally considered that an actual signature from the worker is evidence that they have:

However, the Code includes an example SWMS, which sets out the information

 

been taken through the SWMS, provided their feedback on the steps, and led to the person conducting a business or undertaking’s (PCBU) assessment that the worker understands the SWMS.

A code of practice is admissible in court proceedings as evidence of what is known about a hazard, risk or control, and to determine what is reasonably practicable in the circumstances to which the code relates. However, compliance with a code is not mandatory, providing that any other method used, provides an equivalent or higher standard of work health and safety than a code suggests.

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n e c a n e Ws

June 2021


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Putting the energy Back into Super

8min
pages 76-77

Business in Brief

3min
pages 78-79

Holograms – The natural evolution of the Video Call?

2min
pages 80-81

Tools of the Trade

2min
pages 82-84

How to use Probation Periods effectively in Your Business

5min
pages 74-75

OHM’s Law in the Wireless World

3min
pages 72-73

The Importance of Injury Management

4min
pages 70-71

electrical Fatality Incident Data

3min
pages 68-69

Leveraging Industry 4.0 for Digital Transformation

4min
pages 62-63

Demystifying IoT/Industry 4.0 and the Role of electrical Contractors

4min
pages 64-65

new IR Laws for Casual employees

3min
pages 66-67

AS/CA S009 Revisions – Are You up to Date?

3min
pages 60-61

Switchboards and the Implementation of AS/nZS 61439

5min
pages 58-59

ACRS Directors Report

33min
pages 56-57

Signatures and WHS Requirements

6min
pages 52-53

Branch update

4min
pages 48-49

neCA WA Industry night Program

7min
page 47

Relationships: The Key to Success

4min
pages 42-43

Prevent Slips, Trips and Falls

2min
page 46

The electrotechnology Training Package is Changing

2min
page 45

Changes to the WA electrical Requirements

2min
page 41

Branch update

8min
pages 38-39

Women in electrotechnology

5min
pages 36-37

2021 neCA Apprentice Awards

3min
page 27

Crucial Women In Construction High Tea

3min
pages 28-29

neCA’s Inspector Forum

2min
page 35

Branch update

3min
page 30

Warning to Industry After Fatalities

2min
page 34

Branch update

1min
page 26

Mega Projects – A Whole Lot More Than Construction

3min
pages 10-11

Independent Review of Queensland’s

2min
page 23

Additional Apprentice and Trainee Funding

1min
page 9

essential Business Knowledge for every Contractor

9min
pages 18-21

Federal Budget

2min
page 12

neCA Industry nights

2min
page 25

How effective is Your estimating Method?

6min
pages 14-15

Succeeding in Business is All About Connection

5min
pages 16-17
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