IssuesPaper本文问题.docx

Draft model Work Health and Safety Codes of PracticeReleased for public comment on 2 April 2012Issues Paper Table of Contents1. INTRODUCTION31.1Harmonisation of work health and safety laws31.2What is included in this public comment package?31.3Adoption of the model Codes of Practice31.4Regulatory Impact Statement (RIS) Process42. YOUR OPPORTUNITY TO COMMENT52.1What is the purpose of this issues paper?52.2When do submissions close?52.3How do you make a submission?52.4What happens after the public comment period closes?63. DRAFT MODEL CODES OF PRACTICE: OVERVIEW AND ISSUES73.1Safe Design, Manufacture, Import and Supply of Plant73.2Working in the Vicinity of Overhead and Underground Electrical Lines73.3Traffic Management in Workplaces93.4Scaffolding Work93.5Formwork and Falsework10APPENDIX A MODEL CODES OF PRACTICE111. INTRODUCTION1.1HARMONISATION OF WORK HEALTH AND SAFETY LAWS In July 2008, the Council of Australian Governments (COAG) formally committed to harmonising the occupational health and safety laws in Australia by signing the Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety (IGA). The IGA commits all jurisdictions to adopt model work health and safety (WHS) laws, consisting of a model WHS Act, supported by model Regulations, model Codes of Practice and a National Compliance and Enforcement Policy. The model WHS Act was endorsed by the Workplace Relations Ministers Council (the Ministerial Council) in December 2009. The model WHS Regulations, 11 model Codes of Practice and a National Compliance and Enforcement Policy were endorsed by the Ministerial Council in September 2011.Since 1 January 2012, six jurisdictions have implemented new WHS laws based on the model WHS laws: Queensland, New South Wales, Tasmania (with a commencement date of 1 January 2013), the Northern Territory, the Australian Capital Territory and the Commonwealth.Safe Work Australia is responsible for developing the model WHS laws. Safe Work Australia has tripartite representation, comprising an independent Chair, nine members representing the Commonwealth and each State and Territory, two representing the interests of workers, two representing the interests of employers and the Chief Executive Officer of Safe Work Australia. 1.2WHAT IS INCLUDED IN THIS PUBLIC COMMENT PACKAGE? Continuing with the harmonisation process, a further set of draft model Codes of Practice have been developed in support of the model WHS Act and Regulations. This paper accompanies the release of the following draft model Codes of Practice for public comment:1. Safe Design, Manufacture, Import and Supply of Plant2. Working in the Vicinity of Overhead and Underground Electrical Lines3. Traffic Management in Workplaces 4. Scaffolding Work 5. Formwork and Falsework1.3ADOPTION OF THE MODEL CODES OF PRACTICEAll jurisdictions will seek to have each Code of Practice approved under their WHS Acts once endorsed by the Ministerial Council. Approved Codes of Practice are a practical guide on how to comply with health and safety duties and become admissible in court proceedings under the WHS Act and Regulations. Courts may regard a code of practice as evidence of what is known about a hazard, risk or control and may rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.Compliance with the WHS Act and Regulations may be achieved by following another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work health and safety than the code. Where a model Code of Practice covers the same topic as an existing jurisdictional code, the model Code of Practice will replace the jurisdictional code. Where a model Code of Practice has not been developed on a topic covered in a jurisdictional code, the IGA allows a jurisdiction to continue to apply its code as guidance material until such time that a model Code of Practice is endorsed by Ministers.The list of model Codes of Practice that have been endorsed by the Ministerial Council and those that are in the process of being finalised for endorsement is provided at Appendix A.Guidance materialApart from model Codes of Practice, Safe Work Australia is also developing national guidance material on various issues under the harmonised WHS laws, such as health monitoring for hazardous chemicals. Although these documents do not have the same evidentiary status as approved Codes of Practice, they are a source of practical guidance and contribute to the state of knowledge on how to manage specific health and safety risks. 1.4REGULATORY IMPACT STATEMENT (RIS) PROCESSThe COAG requires Ministerial Councils and national standard setting bodies to assess the impacts of codes of practice where there is a reasonable expectation that their promotion and dissemination could be interpreted as requiring compliance.As part of this process Safe Work Australia sought advice from the Office of Best Practice Regulation (OBPR) on which codes would need to be subject to a regulation impact assessment because the potential impacts had not already been addressed through the RIS prepared for the model WHS Act or Regulations. The OBPR has advised that a RIS is not required for these model Codes of Practice because the main potential impacts have already been considered in the context of other RISs.2. YOUR OPPORTUNITY TO COMMENTThe IGA requires Safe Work Australia to undertake consultation processes to allow for interested persons to make representations concerning proposed model Codes of Practice. 2.1WHAT IS THE PURPOSE OF THIS ISSUES PAPER?The purpose of this issues paper is to facilitate consultation on the draft model WHS Codes of Practice for stakeholders and interested persons in all jurisdictions.Section 3 of the issues paper provides an overview of the scope and content of the draft model Codes of Practice. It also identifies a number of issues that have arisen during the development of the draft model Codes of Practice. You may wish to respond specifically to these issues although comment is invited on all aspects of the model Codes of Practice.You may comment on all codes or only those that are of interest to you.You can provide your comments as an individual or you may wish to contribute to a joint submission through your employer or union organisation, professional association, safety group or community forum.As part of your submission, it is encouraged that wherever possible, you should include evidence and examples to support your views on the draft model Codes of Practice.2.2WHEN DO SUBMISSIONS CLOSE?The closing date for making a submission on the draft model Codes of Practice isFriday, 22 June 2012 5pm AEST.2.3HOW DO YOU MAKE A SUBMISSION?A Public Comment Submission Cover Sheet and the Public Comment Response Form are provided for making written submissions. These are available on the Safe Work Australia website at .au.It is preferred that submissions are typed and submitted electronically to the following email address: .au. If you are unable to email your submission, you can post it to:Safe Work AustraliaAttn: Codes Public Comment PO Box 641Canberra ACT 2601When a submission is received by Safe Work Australia via email, an automatic response will be sent to confirm receipt. We do not send individual responses to submissions received by mail.All submissions will be made accessible to the public on the Safe Work Australia website. Any information that you do not wish to be made available to the public should be clearly marked IN CONFIDENCE. Please advise us if you do not want your submission made available on the website.2.4WHAT HAPPENS AFTER THE PUBLIC COMMENT PERIOD CLOSES?Safe Work Australia will analyse all written submissions that are received during the public comment period. Safe Work Australia will review and as necessary revise the model Codes of Practice. The revised model Codes of Practice will then be considered by the Ministerial Council for adoption as part of the harmonised WHS laws.3. DRAFT MODEL CODES OF PRACTICE: OVERVIEW AND ISSUESThis section provides an overview of each draft model Code of Practice and identifies key issues for comment.For each code, feedback is sought on whether the documents: are helpful and easy to understand reflect current state of knowledge and technological developments in relation to managing various risks have an appropriate level of information or are too detailed including whether the information would be better dealt with in specific guidance require additional examples or case studies to provide clarification. Please provide relevant examples and case studies that you think should be included, where possible.The draft model Codes of Practice have been developed to reflect the requirements of the model WHS Regulations and include references to specific regulations. Comments should not focus on the regulations themselves but on the guidance that is needed to comply with the WHS Regulations. 3.1SAFE DESIGN, MANUFACTURE, IMPORT AND SUPPLY OF PLANT This Code of Practice provides practical guidance for persons conducting a business or undertaking who design (including redesign or modification of a design), manufacture, import or supply plant that is used, or could reasonably be expected to be used, at a workplace on how to meet the requirements under the WHS Act and Regulations. This Code supplements the model Code of Practice: Managing Risks of Plant in the Workplace (released for public comment in 2011 and currently being finalised) that provides guidance on how to manage health and safety risks of plant once it is in the workplace, from installation and use through to decommissioning and dismantling. The information in the draft model code is aimed at the upstream duty holders who are responsible for eliminating or minimising health and safety risks before plant enters the workplace. It recognises that the duties of designers, manufacturers, importers and suppliers of plant often overlap. Feedback is sought on whether: the scope and the technical content is appropriate and practical the guidance on design verification of registrable plant that is designed and manufactured overseas is easy to understand the guidance on the responsibilities of persons conducting a business or undertaking who manufacture, import or supply components, or remove or modify plant is adequate and easy to understand. 3.2WORKING IN THE VICINITY OF OVERHEAD AND UNDERGROUND ELECTRICAL LINES This Code of Practice provides practical guidance for persons conducting a business or undertaking on how to ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line, as required under Regulation 166. This Code provides information about the type of controls that should be in place when work is undertaken within unsafe distances.Feedback is sought on whether the scope and application of this Code is appropriate.Currently approach distances to overhead electric lines vary in jurisdictions. Approach distances are also regulated under separate electricity/utility regulations laws in most jurisdictions. NSW and Queensland base their approach distances on the National guidelines for the safe approach distances to electrical and mechanical apparatus Energy Networks Association. Victoria and Tasmania use greater approach distances based on AS 2550.1 Cranes, hoists and winches but apply these distances to different voltage levels. SA, WA, the ACT and the NT use a range of approaches to this issue. A sub-committee of Safe Work Australia agreed to use the NSW Code of Practice: Work Near Overhead Power Lines 2006 and the Queensland Electrical Safety Code of Practice 2010 Working Near Exposed Live Parts as a basis for developing this model code.The draft model code includes tables recommending safe approach distances for persons, vehicles and low voltage service lines (Tables 1-4) that reflect the current NSW Code of Practice: Work Near Overhead Power Lines 2006. Feedback is sought on how to deal with approach distances in the draft model code. The following options are proposed for comment: Option 1: Extend the recommended approach distances so that they cover the higher standard that applies in some jurisdictions. For example, changing the approach distances in Table 1 of the draft model code as follows: Above 132,000 up to and including 330,000 (volts) from 6.0 metres to 6.4 metres Above 330,000 (volts) from 8 metres to 10 metres. These distances would then be consistent with those used in AS 2550.5-2002 Cranes, hoists and winches Safe use Part 5: Mobile cranes and other jurisdictional material.Option 2: The approach distances remain as drafted, with a note stating that duty holders should also check distances with their local electricity supply authority and their local electricity safety regulator in case they apply more stringent requirements.Option 3:The approach distances are removed so that the code only includes a statement that local electricity supply authorities should be contacted for information on approach distances.Option 4: Base the approach distances on whether the electric line is mounted on a power pole or a tower. This option may make it easier for workers and untrained persons to identify where high voltage lines are situated. This option differs from Options 1 and 2 that are based on the voltage carried by the electric line. Feedback is also sought on the type of training that is appropriate for authorised persons who carry out work closer than the recommended approach distances as well as safety observers (or spotters) who observe the work, including whether the provision of training should be limited to registered training organisations.This Code includes information on working near underground electric lines. It should be noted that Safe Work Australia will develop separate guidance material to support this code on working safely with underground assets, including gas installations.3.3TRAFFIC MANAGEMENT IN WORKPLACESThis Code of Practice provides practical guidance for persons conducting a business or undertaking on how to manage the risks associated with traffic management within their workplace. It is intended to apply to all businesses or undertakings where there is a risk of injury due to the movement of people, vehicles and mobile plant within their workplace.The Code of Practice is designed to be supported by a set of guidance material that covers construction workplaces, shopping centres, warehousing, ports and container yards and events. This set of material will be released for information during the public comment period to assist with the consideration of the Code.Feedback is sought on whether the scope and content of this Code is appropriate.3.4SCAFFOLDING WORK This Code of Practice provides practical guidance for persons conducting a business or undertaking involved in the design, erection, use, alteration and dismantling of scaffolds in workplaces, including suspended, cantilevered, spur or hung scaffolds.The Code of Practice provides general guidance on scaffold design and plant registration duties as well as managing risk in scaffolding work. Scaffolding work competencies are established through the relevant high risk work licensing requirements. To erect a swing stage scaffold, a person must hold an Advanced Scaffolder or Advanced Rigger licence. Queensland includes the following additional competency requirements for swing stage scaffolds in their Scaffolding Code of Practice (2009): any person who is erecting or installing suspended scaffold must have undertaken the Course in the Safe Erection/Installation of Swing Stage Scaffolds (30825QLD), and a user of the swing stage must have undertaken the Course in the Safe Use of Swing Stage Scaffolds (30826QLD).These additional competencies have not been included in the draft Code of Practice.Feedback is sought on whether: the technical elements of the Code are appropriate and relevant for the types of scaffolds described and the scaffolding work to be undertaken the competencies required under high risk work licensing are adequate for an appropriately licensed person(s) to undertake swing stage scaffolding work safely and deliver a swing stage scaffold that is safe for others to use, and there is a need to specify a training course for swing stage scaffolds, as currently applied in Queensland.3.5FORMWORK AND FALSEWORKThis Code of Practice provides practical guidance to persons conducting a business or undertaking on how to comply with their health and safety duties when carrying out construction work that involves formwork and falsework activity, including high risk construction work. This Code provides general guidance on duties relating to formwork and falsework design, plant registration, types of