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administrator
10-11-2008, 08:27 AM
What does Obliged mean ?
obliged
adjective 1. forced, required, bound, compelled, obligated, duty-bound, under an obligation, under compulsion, without any option


Under OH&S legislation you are obliged to provide:



safe premises
safe machinery and substances
safe systems of work
information, instruction, training and supervision
a suitable working environment and facilities.
If you don't comply with these legal requirements you can be prosecuted and fined.

Workplace health and safety authorities in each state and territory and the Australian Safety and Compensation Council (ASCC) have responsibilities for enforcing the OH&S legislation. They provide information and advice on safety and health at work and education and training. You can get information about your OH&S obligations and other valuable OH&S resources both in hard copy and online from their websites.

Please note that legal obligations of employers vary according to circumstances. You may wish to seek independent legal advice on what is applicable to your situation.

http://www.business.gov.au/Business+Entry+Point/


Duty of Care

Duty of care requires everything ‘reasonably practicable’ to be done to protect the health and safety of others at the workplace. This duty is placed on:

all employers;
their employees; and
any others who have an influence on the hazards in a workplace.

The latter includes contractors and those who design, manufacture, import, supply or install plant, equipment or materials used in the workplace.

‘Reasonably practicable’ means that the requirements of the law vary with the degree of risk in a particular activity or environment which must be balanced against the time, trouble and cost of taking measures to control the risk. It allows the duty holder to choose the most efficient means for controlling a particular risk from the range of feasible possibilities preferably in accordance with the ‘hierarchy of control’.

This qualification allows those responsible to meet their duty of care at the lowest cost. It also requires changes in technology and knowledge to be incorporated but only as and when it is efficient to do so. The duty holder must show that it was not reasonably practicable to do more than what was done or that they have taken ‘reasonable precautions and exercised due diligence’.

Specific rights and duties logically flow from the duty of care. These include:

provision and maintenance of safe plant and systems of work;
safe systems of work in connection with plant and substances;
a safe working environment and adequate welfare facilities;
information and instruction on workplace hazards and supervision of employees in safe work;
monitoring the health of their employees and related records keeping;
employment of qualified persons to provide health and safety advice;
nomination of a senior employer representative; and
monitoring conditions at any workplace under their control and management.

These are representative of the employer’s specific duties in all Australian States and Territories.

The ‘hierarchy of control’ refers to the range of feasible options for managing the risk to health and safety. The hierarchy normally ranges over the following controls: elimination of the hazard; its substitution with a less harmful version; its redesign; engineering controls; isolation of the hazard from people at the workplace; safe work practices; redesigning work systems; and the use of personal protective equipment by people at the workplace.

Source: Industry Commission, Work, Health and Safety, Report No. 47, Sept 1995

administrator
10-11-2008, 09:03 AM
geoff
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Join Date: Oct 2007
Location: melbourne south suburbs
Posts: 267 Job Safety Analysis

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I received today a request from one of my property maintenance services ( the old body corp managers ) and they have requested several things like public liabilty workers etc which is fine as we have always supplied that information. Now they want a Job Safety Analysis JSA which includes the preparation and records. We did a short couse at tafe 2 years ago and received an accreditation etc but this is the fisrt time i have ever been asked for the documentation of the JSA...Dont get me wrong they are a good thing but to do one for very property is a bit much paper work...any comments or sugestions ....HELP


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07-10-2008, 07:31 PM #2
mowjoman
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Join Date: Jun 2007
Location: Innisfail NQ
Posts: 363 Re: Job Safety Analysis

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G'Day Geoff.
Its the way the worlds going isn't it.
When I worked in the mines we had to fill one out (or at least were supposed to) before each task we did. For the routine jobs we had a generic one made up to cover each task in the job that were the same each time...
I would like to think that in our industry a generic JSA should cover the day to day tasks we do. Could evn take it a step further and submit it as a JSEA (Job Safety and enviromental analysis )
Anyway I would think about each task i.e whipper snipping, push mowing ride on etc...break the task down from taking it off the trailer to putting it back when done...list all the hazards involved (including enviromental) then mitgate them to a level that would be aceptabley safe. Eg, Hazard could be...potential missiles Likelyhood= High.
Precautions, Safety glasses, longs, defensive stance etc...Mitigated risk = Low...so on and so forth.
I know it will take a while and be a pita but when done you should be able to use the same one if you need to again when required and you'll have a proffesional looking document...big business lap this stuff up.
Hope this helps and good luck.


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07-10-2008, 09:16 PM #3
geoff
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Join Date: Oct 2007
Location: melbourne south suburbs
Posts: 267 Re: Job Safety Analysis

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thanks mate i'll get cracking and submit it to the body corp , they have given us seven days otherwise out goes the contract...geez am i having a good week..maybe the other contractors wont have one and i might get all the other units blocks lol


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08-10-2008, 05:14 AM #4
glassngrass
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Join Date: Apr 2007
Location: Ararat, Vic
Posts: 198 Re: Job Safety Analysis

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Quote:
Originally Posted by geoff
... they have requested several things like public liabilty workers etc which is fine as we have always supplied that information. Now they want a Job Safety Analysis JSA which includes the preparation and records. ...Dont get me wrong they are a good thing but to do one for very property is a bit much paper work...any comments or sugestions ....HELP


Public liability and workcover insurances show you're a genuine professional. These are things you should already have. I am under the Workcover threshold so don't need to have, but income protection insurance satisfied my customer.

I got a Safe operating Procedure book for most of my more common tasks eg. Using a Honda push mower. Only one of my customers require a JSA - and that in order to get a Work from Height permit before I can clean their gutters.

A JSA for for every property may seem a bit much. JSA's (or Hazard Assessment and Risk Control) help demonstrate you look for and address potential safety issues. Unless the site changes these likely would be valid for a year. Review annually.

Geoff - was this is an extra hurdle to jump AFTER your quote was accepted. If so, then the customer should be prepared to wear extra costs. These do take time to prepare and implement and we are not in the business of 'giving away' our time and energy so I incorporate this extra admin into the bill.
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"We do more than just lawns and windows"


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08-10-2008, 03:32 PM #5
geoff
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Join Date: Oct 2007
Location: melbourne south suburbs
Posts: 267 Re: Job Safety Analysis

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thanks glass , these are customers for over 15 years , the management groups are under the pump from their insurances companies and wark safe so its natural it flows on to us...probably good ill pull finger out and do jsa's on all my commercial jobs because eventually they will all want it...by law.... so once ive done one then the rset should be simple name changes and some site condtion variations.....


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07-11-2008, 09:40 PM #6
BLACK BEAR
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Join Date: Sep 2006
Location: MELBOURNE
Posts: 134 Re: Job Safety Analysis

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Maybe if enough people are interested in these JSA's and OH&S docs admin could purchase them with pre payment from enough of us to cover the costs.
Count me in admin

www.safetyculture.com.au
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Last edited by BLACK BEAR : 07-11-2008 at 09:42 PM. Reason: spelling


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07-11-2008, 10:11 PM #7
administrator
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Posts: 1,486 Re: Job Safety Analysis

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Spoke to Indy
Dean said find out exactly how much and exactly what you guys need and indy will pay will pay for the master copy and then charge a small fee to post out each one as long as it doesnt breach any copywrite laws .
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07-11-2008, 10:42 PM #8
lifestyle
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Join Date: May 2008
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Posts: 617 Re: Job Safety Analysis

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Quote:
Originally Posted by administrator
Spoke to Indy
Dean said find out exactly how much and exactly what you guys need and indy will pay will pay for the master copy and then charge a small fee to post out each one as long as it doesnt breach any copywrite laws .


Would that also apply to non-indy members ? I'd be happy to pay extra since i'm not a member.
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Buy Organic Products
Organic Lawn Maintenance, Gardening and Horticultural Consultancy!

If you do what most people are doing, you'll get what most people have got, because nothing changes if nothing changes!


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08-11-2008, 06:58 AM #9
mowjoman
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Join Date: Jun 2007
Location: Innisfail NQ
Posts: 363 Re: Job Safety Analysis

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These docs are quite easy to prepare yourself. A little teadious and time consuming but can be done to suit the machinery you own.
Safety is obviousley an important part of the job and the way the world is heading especially if contracting to bigger business. One suggestion I had in the thread "Ways to improve the forum" was to perhaps have a section on the forum menu dedicated to OH&S. that way we can share our OH&S plans, JSA's, SOP's etc..... Am I the only one who'd like to see that?
In the meantime take a gander at a JSA I did upi in prep for a tender coming up...
Attached Files JSA.doc (41.0 KB, 36 views)



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08-11-2008, 07:32 PM #10
m287j
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Join Date: Nov 2005
Location: West Pennant Hills, NSW
Posts: 239 Re: Job Safety Analysis

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At $895 for the gardener's kit, that's a lot of money.
Maybe i should start selling mine for that sort of money

Well done with your JSA mowjoman, it looks good, well done.
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08-11-2008, 07:44 PM #11
mowjoman
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Join Date: Jun 2007
Location: Innisfail NQ
Posts: 363 Re: Job Safety Analysis

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http://www.assaohs.com.au/ohs/index-confirm.php

Got the template for JSA off this site...FREE

Heaps of stuff out there...


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Yesterday, 08:14 PM #12
Islandhead
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Join Date: Aug 2006
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Posts: 223 Re: Job Safety Analysis

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Top job mojoman, very good site, and free too
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Yesterday, 08:21 PM #13
tree beard
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Join Date: Jun 2008
Location: Stroud
Posts: 203 Re: Job Safety Analysis

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Hi Mowjoman

Thats a great start I would love it if you started that thread, would help us all out in developing an otherwise neglected and expensive side to our business
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Yesterday, 11:07 PM #14
mowjoman
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Join Date: Jun 2007
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Posts: 363 Re: Job Safety Analysis

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I guess a thread would do it ay.
Lifestyle got his own section being the organics..
I want a OHS one too goddammit
Jokes jokes.

Nah seriously though, what do ya say there Admin?


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Yesterday, 11:24 PM #15
mowjoman
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Join Date: Jun 2007
Location: Innisfail NQ
Posts: 363 Re: Job Safety Analysis

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just rattling around in my brain the types of stuff people could share in an OHS section...
* Incidents and near misses.
*OHS plans, SOPS, JSA's and the like
*Something about a particular machine to look out for or something
*Safe work practices we all practice i.e witches hats etc...
*Case studies

Brrrrrrrr brain overload...night all

administrator
10-11-2008, 05:03 PM
OH&S cards




http://www.indmowing.com.au/forum/printthread.php?t=931



Kits
http://www.assaohs.com.au/ohs/index-confirm.php


Occupational Health and Safety compliance looms large as a potential stumbling block for small business in Australia. Despite legislation stating that OHS compliance is mandatory regardless of business size, some small businesses are still failing to take the necessary steps in order to comply.

The consequences of non-compliance can be disastrous.

mowjoman
10-11-2008, 05:26 PM
Nice work Admin... :cheer: :cheer: :clap: :clap: :clap:
Look at that ay, ask and thou shall recieve. thank you very much.

I hope this section in the forum is used to its full potential Cheers.

Bluey
10-11-2008, 07:26 PM
The real definition of "obliged"

" your arse is on the line if something goes wrong"

Bluey
10-11-2008, 07:27 PM
"obliged" is a scary term but "must" is even scarier.

glassngrass
10-11-2008, 09:33 PM
Note that whilst the term 'common sense' is frequently spoken of, it is never used in OHS documentation. We are not permitted to expect others to have any of this!

Also note the term 'reasonably practical' used with regard steps taken to manage risks. Don't confuse with 'everything possible'.

What is 'reasonably practical' may vary depending on size of organisation, number of employees, etc. It is taken from the magistrates viewpoint (which may change each year), not yours or mine.

mowjoman
10-11-2008, 10:06 PM
The real definition of "obliged"

" your arse is on the line if something goes wrong"


Hit the nail on the head there Bluey.

Accidents do happen..no one means for them to which is why if they happen to you it is paramount that you can show evidence that you have SOPs and JSA's and safety plans and the like.
Think of them as a pair of pineapple proof TIN PANTS if something does go wrong :p

Spot on there too I reckon glassngrass. the reason "common sense isn't used in official safety docs is because common sense is not that common.

Our brains are calculating risks ALL the time and then deciding if the risk is too great to go ahead.
i.e. Taking the plug out of the wall before you stick a knife into the toaster to retrieve ya toast...
Noticing something on the footpath that could send you star up, thus avoiding it...
For the extreamests, skydiving, bungy jumping, motor racing blah blah blah...

Point is I think in reality we all have the common sense to do whats safe in everyday life but in the workplace its a diifferent story. Accidents do happen so its good to have documented somewhere the risks involved for each task you do in your job, followed by how you have mitigated that risk to a point that it's acceptable to go ahead with. Oh and course you may need lead pants if you deviate from what you have documented in your SOPs etc and an accident has resulted.
Hope I havn't waffled too much Cheers :wave-hi:

chaplain
10-11-2008, 10:12 PM
No waffle there buddy all good

administrator
26-11-2008, 08:09 AM
Q. I’m an owner operator and don’t employ anyone – do OH&S laws apply to me?
A. Yes. Regardless of the size of your business you are required to comply with all OH&S laws in your state .

Q. When I hire sub-contractors, aren’t they responsible for all their own OH&S?
A. No. Contractors are required to comply with OH&S laws. However you are responsible for your work sites and need to ensure they ARE compliant. It is a good practice to induct and train any sub- contractors you use in YOUR Control Measures for the Hazards and Risks present on your work sites.That includes Public liability .

DavidS
07-12-2009, 07:54 PM
I just finished a OH & S white card course, so I can go onto Government sites.
One rule I did not know about is that you are not allowed to take off your shirt whilst on site. All people on site must be wearing apporiate clothing for their duties. If you take your shirt off to work you can be told to put it back on, if you refuse you will be ordered off site. Not that I do this, learnt my lesson many years ago.

I also have to submit a Safe Work Method Statement before I can start work on site.

All guidelines in 2010 will become National so all Workcover rules will be the same for all states. The majority of the rules will not affect people in NSW and Vic but the rest will have some major changes.

MowerRob
07-12-2009, 08:06 PM
I just finished a OH & S white card course, so I can go onto Government sites.
One rule I did not know about is that you are not allowed to take off your shirt whilst on site. All people on site must be wearing apporiate clothing for their duties. If you take your shirt off to work you can be told to put it back on, if you refuse you will be ordered off site. Not that I do this, learnt my lesson many years ago.



Mate that is just common sense and I think also it would have to be high visy if not u would have to wear a high visy vest

DavidS
07-12-2009, 08:22 PM
Yeah thats right but there are lots of people out there with out common sense. I work with one.
Yes must have hi vis gear

MowerRob
07-12-2009, 08:25 PM
Yeah thats right but there are lots of people out there with out common sense. I work with one.
Yes must have hi vis gear

Not directed at you

I cannot handle people who dont have common sense(usually I find its ppl with high intelligence such as doctors etc that lack common sense)

DavidS
07-12-2009, 08:36 PM
Not a problem knew it wasn't.

Yes I have a few doctors as clients and they just have no common sense at all. I talk to their wives now as I could not explain to them why I do some things at different times of the year. Great payers tho and regular weekly service keeps me going in quiet times.

Bluey
07-12-2009, 08:39 PM
There is a very old saying.

"the only thing about common sense is that sense is not common" . Says it all doesn't it. What one person may think is common sense another may not. I have a number of white cards. Because we work in major shopping centres they all have their OHS induction process and you need to complte these for all staff before you get anywhere near them. On every job you must have a SWM statement or again no job. They check too to see if you are complying

PaulG
19-09-2011, 09:08 PM
Did anything ever come of the manuals/JSAs etc that were mentioned in the first few posts?

captain kirk
21-09-2011, 07:50 PM
With the line of work i do jsa's swp's are an everyday thing for me for the past 12 yrs. my self if i had staff working under me they would be working on a swp and review from job to job attach changes as you go. i often have jsa's pre written before i perform task's i review and amend if required. this save's writing a new jsa every time. it is perfectly legal providing all team members review and make amendments if required. i work in an extremely hi risk job so that's got to tell you something.

administrator
09-12-2011, 09:49 PM
Health & Safety Test





I failed a Health and Safety course at work today.



One of the questions was:

"In the event of a fire, what steps would you take?"



Apparently "f**king big ones" was incorrect???

4 Gardens
10-12-2011, 06:11 AM
maybe f**king QUICK ones was the right answer??