In preparation for the implementation of the new Work Health and Safety Act 2020 (WHS Act) we have been going through an overview of some of the key elements involved. Last week we focused on Incident Notification, this week it is all about Authorisations.
Plant And Substances (Section 42)
High-risk work activity authorisations are also highly emphasized in the new Work Health and Safety (WHS) Act 2020. Such authorisations are licences, permits and registrations which are used to assist in the only qualified individuals carrying out some tasks. As noted by Sheq Management, companies need to comprehend their duty to prevent legal liabilities and ensure safer working environments.
What are authorisations?
Examples of authorisations include, but are not limited to licences, permits and registrations.
What are authorisations required for?
Authorisations are required for the use of some plant and substances, and certain types of work.
Why Authorisations Matter
The WHS authorisations are meant to reduce the risks in the workplace and enhance accountability. Construction, manufacturing, mining, and logistics are industries that may have equipment or processes that must be subject to strict controls. Businesses may be penalised because of failure to comply with the requirements of authorisation that may lead to disruption of business activities or even safety hazards.
To enhance compliance, organisations should pay attention to:
- Maintaining licences and registrations
- Periodical review of worker qualifications
- Carrying out routine safety audits
- Offering refresher training where necessary
- Surveillance of changes in WHS legislation
These measures assist businesses in developing more dependable safety systems and mitigate the chances of incidents brought about through unqualified work practices.
Plant And Sunstances (Section 42)
Items of plant that require registration of their design will be listed by the WHS regulations. Some examples include (but are not limited to):
- Boom type elevating platforms
- Pre-fabricated scaffolding systems
- Gas cylinders
- Tower cranes
- Mast climbing platforms
- Mobile cranes, other than tow trucks with safe working load greater than 10 tonnes
- Work boxes
- Pressure equipment
A PCBU must not direct or allow a worker to use plant or a substance if the WHS regulations require it, or its design, to be authorised and it is not.
Work (Section 43)
Certain duties require licences or authorisations in order to perform those duties for example (but not limited to):
- Scaffolding
- Rigging work
- Crane and hoist operation
- Forklift operation
- Pressure equipment operation
- Asbestos removal
- Demolition
The WHS regulations will list certain high-risk work that must only be performed by people who have been authorised (for example, licensed) to carry out that type of work.
A PCBU must not direct or allow a worker to carry out work if it is required to be done by an authorised person and the worker is not authorised.
Improving Competency Management
Possession of licence does not in any way ensure long term competency. Employers are advised to occasionally review the capacity of workers to undertake risky work. It is important that it should be constantly monitored and retrained particularly at the time when companies are introducing new equipment, technologies, or working processes.
Due diligence in inspections and investigations is also exhibited with strong competency management. Those organisations which proactively track the qualification of workers tend to be more capable of conforming to regulatory demands and having safer operations.
Prescribed Qualification and Experience(Section 44)
The WHS regulations will require certain types of work to be carried out only by, or supervised by, a person with prescribed qualifications or experience.
Note: Other non-WHS legislation may include licensing, registration, or similar requirements for some occupations e.g., Dangerous Goods Safety Act 2004, and Work Health and Safety Act 2011 (Cth).
*Disclaimer: Please note this communication is provided for general information purposes only. It is not intended as legal advice, only a Legal Practicing Professional can provide legal advice.
Establishing A Safer Working Environment
Successful authorisation management helps enhance a more robust culture of safety at the workplace. When the employees recognise that the specialised work demands appropriate approvals and qualifications, they become more responsible and make safer choices throughout the organisation.
Companies moving authorisation tracking into their larger WHS systems are normally in a better position to enhance compliance, minimize workplace hazards and consistency in operations as the years go by.