Appendix A : Legislative and regulatory framework for crystalline silica under the model WHS laws
Appendix A : Legislative and regulatory framework for crystalline silica under the model WHS laws
What are the duties of PCBUs ?
Under the model WHS laws , a PCBU has a primary duty of care to ensure the health and safety of workers while they are at work in the business or undertaking and that the health and safety of others is not put at risk from work carried out by the business or undertaking .
A PCBU is often an employer . However , the concept of PCBUs also captures modern work relationships outside of the traditional contract of employment . For example , it includes principal and subcontractor relationships , host employers in a labour hire arrangement .
It is the PCBU ’ s responsibility to eliminate so far as is reasonably practicable , risks arising from exposure to RCS or , where elimination is not reasonably practicable 11 , minimise the risks so far as is reasonably practicable to workers and other persons 12 . This includes the provision and maintenance of the workplace environment without risks to health and safety , as well as the provision of any information , training , instruction , or supervision necessary to protect people from risks to their health and safety . 13 PCBUs must also , so far as is reasonably practicable , consult with workers who carry out work for the business or undertaking who are or are likely to be directly affected by a WHS matter . 14 PCBUs must also consult with the workers ’ HSRs on WHS matters . 15 For PCBUs working with RCS , examples of when consultation must occur include when preparing risk assessments and safe work method statements ( SWMS ), developing a silica dust control plan , deciding on control measures and selecting the medical practitioner to undertake health monitoring . 16
Where there is more than one person that has a duty in relation to the same WHS matter , each person with the duty must discharge their duty to the extent that they have the capacity to influence and control the matter 17 and must consult , cooperate and coordinate activities with all other persons who also owe a duty in relation to the same matter . 18 A duty cannot be transferred to another person . 19
Managing the risks of RCS as a hazardous chemical
A PCBU must manage the risks to health and safety associated with handling or generating RCS ( a hazardous chemical ) at a workplace in accordance with Part 3.1 of the model WHS Regulations 20 . Part 3.1 requires , for example , that the PCBU identify hazards that could give rise to risks to health and safety and apply the hierarchy of controls to minimise the risks to health and safety if it is not reasonably
11
Safe Work Australia has published an interpretive guideline on the meaning of reasonably practicable ( Safe Work Australia 2011 ).
12 model Work Health and Safety Act s17 ( WHS Act ); model Work Health and Safety Regulations r35 ( WHS Regulations ).
13 model WHS Act s19 and s20 ; model WHS Regulations r39 .
14 model WHS Act s47 .
15 model WHS Act s70 .
16 model WHS Act s47 ; model WHS Regulations r299 and r369 .
17 model WHS Act s16 ( 3 ).
18 model WHS Act s46 .
19 model WHS Act s14 .
20 model WHS Regulations r351 .
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