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Part one: roles and responsibilities

1. The Act: an overview

1.1 principal objectives of the Act

The Health and Safety in Employment Act 1992 and its subsequent amendments has a principal objective: Every employer shall take all practicable steps to ensure the safety of employees at work.

The following mandatory requirements are designed to help with the safe management of operations.

Requirements	Explanation
Hazard identification and control	A systematic identification of hazards to employees in the workplace, including appropriate controls.
Information, training and supervision	Systems in place to ensure workers have the training and supervision to do the work safely and efficiently.
Emergency procedures	A plan covering procedures during emergencies which may occur in the workplace.
Accident reporting and investigation	Investigation and recording documentation of accidents to employees in the workplace.

1.2 approved codes of practice or best practice guidelines

In addition to the mandatory requirements, the Health and Safety in

Employment Act 1992 (the Act) allows for the development and approval of statements of preferred work practice. These are known as either an 'approved code of practice' or a 'best practice guideline', and are the result of consultation between the Department of Labour and industry.

The guidelines recommend how to comply with the Act. They may include procedures to take into account when deciding the practicable steps workers take to do their job.

Compliance with an approved code of practice is not mandatory. An approved code of practice has to be approved by the Minister of Labour. A best practice guideline is generally accepted by the courts as the safety standard for an industry, and it can be altered by general consensus of the participating organisations.

1.3 how to comply

Compliance with the requirements of the Act is best achieved by incorporating the elements listed above. In addition, each individual business should then develop its own health and safety plan. The health and safety plan will be a guide to each businesses safety.

2. the act: duties

2.1 duties of everyone

The Act places duties on employers, self-employed people and employees to ensure that their work activities do not harm themselves, their employees, or other people in the workplace. For shearing operations, 'other' includes visitors, people near the operation, and the general public who may be in the vicinity of an operation.

Any person in control of a place of work (e.g. A principal, contractor or subcontractor) shall ensure that people there (or close by) are not harmed by any hazard resulting from work activities.

2.2 duties of self-employed persons

Self-employed persons shall take all practicable steps to ensure that no action or inaction while at work harms either themselves or any other person.

2.3 duties of employees

While at work, employees shall take all practicable steps (including using safety equipment) to ensure their own safety and that of others.

2.4 duties if you employ contractors

Farmers (or those acting as an agent for a farmer) who hire contractors or subcontractors are principals and shall take all practicable steps to ensure no one is harmed while carrying out work they are engaged to do.

2.5 employer's duties: general

Under the Act, employers are required to:

• provide and maintain a safe working environment
• provide and maintain facilities for the safety and health of employees
• ensure that machinery and equipment are safe for employees
• ensure that working arrangements are not hazardous to employees and
• provide procedures to deal with emergencies that may arise while the employees are at work.

2.6 employer's duty to identify and manage hazards

Employers shall have a three-step system for identifying and managing hazards at work.

Step	Task	Description
1. Identify	A hazard is any activity, situation or substance that can cause harm.
2. Assess	Assess which hazards are significant.	Assess which hazards are significant the Act uses that could cause: "significant hazard" to mean one which could cause: Serious harm, including death, serious injury and disease. Harm which depends on how often and/or how long a person is exposed to the hazard (e.g. exposure to noise over a long period may cause gradual or permanent deafness). Harm that cannot be detected for a significant time (e.g. exposure to certain chemicals may cause health problems years later.
3. Manage	Manage hazards	Eliminate the hazard if it is practicable to do so. Isolate the hazard if you cannot eliminate it by putting some kind of barrier or distance between the hazard and the person. Minimise the hazard if you cannot isolate it e.g. Provide suitable protective clothing and equipment and ensure it worn and used correctly Maintain equipment properly Train employees in safe work methods Supervised untrained or inexperienced employees Monitor employees' exposure to the hazard; and Monitor employees' health (only with their consent).

2.7 employer's duty to inform employees about health and safety matters

Employers shall inform employees of:

• the hazards they are exposed to or create while at work
• how to eliminate, isolate, or minimise hazards to themselves and others
• what to do if an emergency arises while they are working. Employers must also give employees the results of any monitoring of their health or the workplace, without identifying individuals.

2.8 employer's duty to train and supervise

Employers shall take all practicable steps to ensure that employees who do any kind of work, or use plant, equipment or deal with any substance:

• have the knowledge and experience to ensure that they and others are not harmed or
• are supervised by a person with the knowledge and experience to ensure that they and others are not harmed or
• are adequately trained in the safe use of all:
  • plant
  • objects
  • substances
  • protection clothing/equipment provided by the contractor, that the employee may use.

2.9 employer's duty to involve employees

Employers shall ensure that employees have a reasonable opportunity to be involved in the development of procedures and processes for health and safety.

2.10 employer's duty with regard to accidents

Employers shall keep a register of every work-related:

• accident
• serious harm incident
• near-miss incident (where someone might have been harmed)

involving any person in a place of work.

Employers are also required to:

• investigate all recorded accidents, harm and near-miss incidents
• determine whether they were caused by a significant hazard
• document remedial action taken
• notify the Department of Labour of any serious harm accident that occurs at a place of work:
  • verbally as soon as possible
  • in writing within seven days.

Note: The site shall not be disturbed unless authorised by a Department of Labour health and safety inspector, except where necessary to aid the injured person or prevent serious damage to or loss of property.

Report serious harm accidents to the nearest office of the Department of Labour.

3. The Act: definition of serious harm

3.1 definition

Serious harm has occurred if any of the following symptoms or conditions results in severe loss of bodily function (permanent or temporary).

3.2 serious harm conditions

This table shows conditions which indicate serious harm has occurred.

Condition	Cause
Unconsciousness	lack of oxygen absorption, inhalation, or ingestion of any substance, requiring treatment by a registered medical practitioner.
Hospitalisation	any need for the person to be hospitalised for 48 hours or more, commencing within seven days of the cause.
Temporary or permanent severe loss of body function	pain or health impairment is significantly more than discomfort and pain or health impairment prevents use of part of the body.
Acute illness	from absorption, inhalation, or ingestion, of any substance, requiring treatment by a registered medical practitioner.
Sickness/illness	decompression poisoning exposure to infected material cancer.
Disease	neurological disease dermatological disease respiratory disease musculoskeletal disease; communicable disease.

3.3 serious harm injuries

This table shows injuries which indicate serious harm.

Body part	Injury
Any part	amputation burns requiring referral to a medical specialist or specialist outpatient clinic laceration bone fracture crushing.
Eyes	chemical burn hot-metal burn penetrating wound other vision impairment.
Ears	noise-induced hearing loss.

4. The regulations: duties

4.1 overview The Health and Safety in Employment

Regulations 1995 lay down certain duties of employers and others. Explanation and practical application of these regulations is contained in the Guidelines for the

Provision of Facilities and General Safety in Shearing Work available from the Department of Labour.

4.2 employer's duty to provide facilities

Employers have a duty to maintain, keep clean and provide access to the following facilities, sufficient for the place of work:

• washing facilities
• toilets
• drinking water
• first-aid equipment
• facilities for employees who become ill at work
• facilities for changing and storing clothes
• facilities for meals
• lighting
• emergency exit plans.

4.3 employer's duties: general

Employers have general duties which relate to the management of particular hazards, e.g.:

• Working at heights
• Activities under raised objects
• Earthworks and excavations
• Harmful noise
• Cleaning maintenance and repair of machinery
• Protective structures of self-propelled plant
• Employment of young persons.

5. general duties of designers, manufacturers and suppliers

Designers, manufacturers and suppliers of plant and protective clothing or equipment have general duties which relate to the safety of their products.

Expansion of these duties is contained in the relevant guidelines as explained in Part two: The shearing shed and Part three: Machinery of this document.

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