This audit investigates the environment the workers of Macarthur Coal Ltd work in and the risks that they are likely to encounter in their undertakings. The company has complied with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011.
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Running Head: MACARTHUR COAL LTD WHS AUDIT1 Macarthur Coal Ltd WHS Audit Student Name School Name
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MACARTHUR COAL LTD WHS AUDIT2 Contents Introduction......................................................................................................................................4 Industry statistics.............................................................................................................................4 Risks associated with the mining industry.......................................................................................5 Health and safety duties...................................................................................................................5 Duty of care.................................................................................................................................6 Acceptable risk............................................................................................................................8 The focus of the audit..................................................................................................................9 Industry research..........................................................................................................................9 Social factors.................................................................................................................................11 Workplace..................................................................................................................................11 Competition...............................................................................................................................11 Formal HRM and H&S Departments........................................................................................11 Unionized...................................................................................................................................12 Culture and employment type....................................................................................................12 Gender and risk..........................................................................................................................12 Customers..................................................................................................................................13 Pace of work..............................................................................................................................13 Main job tasks and the support..................................................................................................14 Inspection Results - Summary of Duties and Overall Compliance & Consultative Arrangements .......................................................................................................................................................15 Summary....................................................................................................................................15 Duties.........................................................................................................................................15 The primary duty of care...........................................................................................................15 Consultative arrangements.........................................................................................................16 Inspection results – Hazards, Risks and Control...........................................................................17 Hazards......................................................................................................................................17 Risks..........................................................................................................................................17 Calculations of the risk..............................................................................................................17 Controls......................................................................................................................................18
MACARTHUR COAL LTD WHS AUDIT4 Introduction Queensland is rich in coal and other common resources.MacarthurCoal Ltd is one of the biggest companies that engage in intensive coal mining in Queensland’ Bowen Basin. The company produces a low volatile pulverized injection coal (LC PCI) which is primarily used for manufacturing steel. It is, in addition, the leading steel producer and coal exporter around the world. The company was incorporated in October 1995, and Ken Talbot owns it. It employs more than 400 locals from Queensland. The workers are active in the mines to extract the coals from the mining sites. The workers are employed as miners, blast, and operation of mining machinery and equally perform similar responsibilities for coal and ore extraction in underground mines. The work also involves constructions of tunnels, passageways, and mining shafts to enable mining works. The company also employs shaft sinking and tunnelling specialists in the underground mines. Industry statistics Over the previous decades, the industry has made a notable health and safety improvement which has resulted in a reduction in incidences of acute injuries and fatalities. Nevertheless, in Australia, mining contributes to the most considerable numbers of fatalities and injury than any other industry. The fatalities' rate in 12 years to 2015, in the mining industry decreased by 65% wherein every 100,000 workers there were 12.4 workers in 2003, to 4.4 in 2005. In the mining industry, nine workers die every year, making it the third highest fatality rate of any industry.
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MACARTHUR COAL LTD WHS AUDIT5 Risks associated with the mining industry The workers in the mining industries are faced by a number of inherent risks ranging from body stress, and disorders of the muscle and bones. The workers also risk slipping and falling inside the mines and being hit by machinery and moving objects. The study has found that 39% of employees experience muscular stress due to the handling of heavy objects, 25% reported falls, trips and slips, and 18% represented those who were hit by machinery and other moving objects. The study was conducted from 2001 to 2015(the Conversation, 2017). Health and safety duties Under this section, it is significant to recognize the distinguishing aspects linking an Act, Regulation, and Code of practices in perspective to theMacarthurCoal Ltd. Also, important to understand represent the relationships between the three principles in controlling work health and safety. An act is a parliament legislation targeting regulates a specific official policy in the governance of a country. On the other hand, regulations and codes of practice represent the guiding principles for the application of the act (Comcare, 2016). While auditingMacarthur, I will be guided by the Work Health and Safety Act 2011 and the Work Health and Safety regulation 2011. On the other hand, Hazardous Manual Task Codes of Practice 2011 is the applicable code of practice in this audit. Therefore, all the company stakeholders have specific duty to play in the fulfilment of the Act and the Regulation. The duties of care are un-transferable under theWHSAct S. 14. However, those belonging to various groups in the company, include other duties, for instance, a customer who is as well as a supplier. The company uses the Act to recognize the responsibility of every stakeholder and also make sure each one of them plays their part in ensuring safety in the workplace.
MACARTHUR COAL LTD WHS AUDIT6 The sole purpose of thisWHSassessment is to ascertain whetherMacArthurCoal Ltd complies with the act and the regulations and the level of conformity. The assessment will try to identify the potential hazards likely to affect the workers and how the company has put mechanisms to address the risks and ensure the safety of its workers. In the company, I will assess how the underground mines, tunnels, and shafts are safe for the workers and any emissions in the workplace. Other hazards to the employees include slipping, run over by machines, noise, hit by moving machinery, tripping, and suffocation. All these pose risks to the health of the worker and the company need to protect them in accordance with the act and the regulations. Duty of care Under the transition to modern WHS legislation, regulators have largely removed explicit or prescriptive regulation and require companies and workers to exercise a ‘Duty of Care’, which means that: Employers are required to provide and maintain a working environment where, as far as is practicable, employees are not exposed to hazards. All employees have a general duty of care to ensure their safety and health at work. They also have a general duty of care towards others, to ensure that their actions or inaction do not put others’ safety or health at risk. Self-employed people must ensure, so far as is practicable, that no-one will be adversely affected by any of the work done at the mine, or hazards that may arise from it (DMP 2011) Duty-of-care provisions of Acts and Regulations are built up under precedent, which has developed over time as a result of decisions taken in courts of law. Prescriptive regulations are
MACARTHUR COAL LTD WHS AUDIT7 built up under statute law. The duty of care is shared between the employer and employee. However, primary responsibility rests with the employer, as they largely have control over the working conditions. The duty owed by the employer may be higher to an employee who is more inexperienced than to one who has experience, reflecting this level of control. Similarly, a high duty of care exists in hazardous environments. The employer has a duty of care to employees and others to provide: reasonably competent staff sufficient workers to carry out work safely safe places of work proper equipment safe systems of work. The duty of care encourages the management of WHS rather than compliance with regulations. The differences between common law and statute law are as follows: Under statute law, each element of noncompliance must be proven beyond reasonable doubt. Under common law, each element of failing the duty of care is assessed on the balance of probabilities. Under statute law, the burden of proof lies with the prosecution. Under common law, the burden of innocence lies with the plaintiff.
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MACARTHUR COAL LTD WHS AUDIT8 Acceptable risk The second key principle is the management of WHS to an acceptable level of risk. The QueenslandCoal Mining Safety and Health Act2011 states: How is an acceptable level of risk achieved? 1.To achieve an acceptable level of risk, this Act requires that management and operating systems must be put in place for each coal mine. 2.This Act provides that the systems must incorporate risk management elements and practices appropriate for each coal mine too— a.identify, analyze, and assess risk; and b.avoid or remove unacceptable risk; and c.monitor levels of risk and the adverse consequences of retained residual risk; and d.investigate and analyze the causes of serious accidents and high potential incidents to preventing their recurrence; and e.review the effectiveness of risk control measures, and take appropriate corrective and preventive action; and f.mitigate the potential adverse effects arising from residual risk. 3.Also, the way an acceptable level of risk of injury or illness may be achieved may be prescribed under a regulation. Similar definitions are used in legislation covering other jurisdictions. There is no absolute definition of ‘acceptable’ risk. It is something that must be decided for each site and activity.
MACARTHUR COAL LTD WHS AUDIT9 After the audit of health and safety compliance at Macarthur Coal Ltd, the findings are that the company exercise their duties and obligations and primary care and has complied with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 The focus of the audit The objective of this inspection was to expose out the environment the workers of Macarthur Coal Ltd work in and the risks that they are likely to encounter in their undertakings. Specifically, the audit investigated the exposer of workers to toxic gases while in the underground mines, and how the control measures that have been put in place by the management to guide the employees safely. It was found the company is able to observe the work health and safety measures as stipulated in the Queensland miningWHSlegislation. Workers have been provided with gas masks to protect underground workers from exposer to poisonous. The company has also installed fresh air reservoir pipes which supply underground workers with enough oxygen and lower temperatures. Industry research Coal is the largest export from in Australia totalling $43.1 billion in the years 2010-11. The industry provides over 100000 employment opportunities, contributes to 55% of Australia’s energy requirements and spends approximately $16 billion on goods and services. However, this prolific industry has its undoing. The coal mining is associated with various health risks to the workers, which include the following: 1.Coal dust 2.Noise
MACARTHUR COAL LTD WHS AUDIT10 3.Body vibrations 4.Exposure to UV 5.Musculoskeletal disorders 6.Thermal stress Safe Work Australia Surveys for the health risks and fatalities in Australia. The data provide the number of deaths and injuries per year due to work-related activity in coal mines. The research shows that, from 2003 to 2016, there are more than 3,300 deaths relating to injuries in the coal mines. The year 2016 recorded lowest death rate at 1.5 fatalities per 100,000 employees which represent 182 workers, compared to series beginning in 2003. According to Queensland mines and quarries safety performance and health report (2016–2017), the fatality rate was 0.02 per a million hours worked. The findings have shown a downward trending since 2007-12 period. The report shows the deaths, and injuries were caused by the failure of preventative or critical controls. The common fatal hazards in coal mining are trips and slips. The rates of serious fatalities remained relatively stable in 2016-17. There was terrible safety, and health data reports to the Queensland Mines Inspectorate, which includes causative information, limits data analysis, and management strategies. The company lacked proper records of the fatalities in the mines which limited the auditing of the work health and safety.
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MACARTHUR COAL LTD WHS AUDIT11 Social factors Workplace As earlier indicated, Macarthur Coal Ltd is one of the largest coal mining and steel companies in Australia located at Queensland’ Bowen Basin. The company produces one of the best coal and ore for steel making which contributes significantly to the amount of Australia’s coal exports. Competition Coal mining and production industry are faced with fierce competitions because of a vast amount of coal and a considerable number of mining companies. Although coal provides more than 55% of Australia’s energy, much is also exported.Macarthuris up against direct competition from QcoalGroup,CaledonCoalPtyLtd,SjitsCoal mining,PeabodyEnergy AustraliaPtyLtd among others. In the international market, the company also works through competition from other oversea coal mining businesses. The company demonstrates a competitive advantage over the other similar firms because it is one of the largest coal producers in Australia making. Therefore, it has a competitive advantage over other producers be able to produce at a lower cost per unit. Formal HRM and H&S Departments Macarthur Coal Ltd is a mature company with well-established management structure. The company has employed more than 400 workers in the field and mines. Therefore, there was a need for formal human resource department to oversee hiring, management of employees, and welfare. The company also has established a formal Health and Safety department which together with human resource department liaise to fulfil the employee health and safety.
MACARTHUR COAL LTD WHS AUDIT12 Unionized Workers unions are meant for workers protection and representation in case of dispute or infringement of fundamental rights by the employer. Workers are free to join the worker's unions as long as the terms of their work allows. In Queensland, workers join TheConstruction, Forestry, Maritime, Mining and Energy Union(CFMMEU) what is mandated to protect the interest of the members who are workers. The company has union representatives who report regularly to the union on the work progress or report work-related issues. They also consult with the management and the workers to see the better and improved work environment. Culture and employment type The whole organization culture is shaped by the terms of employment and employment demography and the relationship that exist between the management and workers. The Macarthur Coal Ltd mainly employs mature aged males particularly for casual mining jobs in the mines. Generally, there were 500 employees out of whom 50% were casual workers in the mines and other manual jobs in the mining site. The full-time workers are employed on a contractual basis and permanent. Most workers came from the local community at Bowen Basin. The closeness of majority of workers makes health and safety of critical importance in Macarthur (Quinlan, Bohle & Rawlings-Way, 2015). Gender and risk Due to the intensive manual works that are involved in the mining industry, Macarthur mainly attracts male employees at an older age of 30 years and above. The ratio of male to female is ten is to 1, which was a clear indication of men job at Macarthur Coal Ltd. The other reasons for many males in the company are because of the nature of the jobs and the risks associated with it
MACARTHUR COAL LTD WHS AUDIT13 (Booth & Katic, 2013). The study shows that adult males have higher life goals and expectations in the family that they tend to partake in risky jobs than young adults. Older adults were found to have higher risk tendencies that they seek risk (Mather et al. 2012). It is therefore evident that older males are more likely to seek jobs at Macarthur than their counterparts because of the risk associated with the company. Customers The market for the Macarthur Coal Ltd is very diversified varying from the households to the large manufacturing companies. At household levels, coal is used for heating during cold season and cooking, while at the industrial level it is used for heating and boilers and steam production. The company produces for both local and export markets in Europe and Asia. On the other hand, the company engages in steel extraction from the coal ores which make high-quality steel in Australia. The steel produced is sold to the distributors for constructions and industrial cast maker for various steel products. Pace of work The underground working environment at Macarthur Coal Ltd allows moderate work pace due to the intensity of the work involved. The workers carry heavy loads to the rail tracks in the tunnel from where they have carried up the ground surface. Due to this manual job, the pace is dictated by the human speed, and the machines are set to run at the same pace as men at work. The surface, most of the work is mechanized, and therefore the pace is fast. The works involved are loading and offloading of rail trucks and transport trucks. The workflow runs from the underground tunnels up the ground surface for further processes. The coal is extracted by then loaded on the trucks then taken up the shaft to the surface. On the surface, the coal is offloaded
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MACARTHUR COAL LTD WHS AUDIT14 to the trucks for transport to various destinations. This process is continuous and strenuous to the body; thus, the worker performs tasks on hourly shifts. On the other hand, the rate of mining or solely dependent on the supply needs in the market. Therefore, there are times when a worker works low or faster than normal to balance the stock and order time. This makes the work to be more flexible and adaptable. Main job tasks and the support Jobs at Macarthur Coal Ltd are divided into distinct areas with a specific scope of roles and support system. The company is divided into management, mining and sales and distribution each of which has job support system. Management mainly runs the administrative activities of the company supported by the departments which include finance, human resource, research, and health and safety departments. There are other physical supports like front office activities, office ergonomics, and office electronics. The support systems for the mining activities are the training of the miners, safe operation procedures, safety training, machinery, tunnelling, and shafts and work health and safety measures. The sales department of Macarthur is assisted by the sales manager and support staffs. The support systems in sale department include office furniture ergonomics, computers, telephones, and other equipment. It also involves training on fatigues management, sale activities methods and workers help programs.
MACARTHUR COAL LTD WHS AUDIT15 Inspection Results - Summary of Duties and Overall Compliance & Consultative Arrangements Summary From the observations of the Macarthur Coal Ltd mining site, it was evident that the management has managed to observe and maintain health and safety measures in accordance with the Queensland legal requirements as stipulated under the Work Health and Safety Act 2011. Duties The Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011will be used as the measurement standard for the company’s observations to the legal duties of care and obligations. This part analyzes the specific duties of each stakeholder under the act and the regulations. Under this analysis, we will see who the duty of primary lies to as provided by the WHS Act S. 19. In addition to that, it will establish the other stakeholders and their duties as far as the WHS act and regulations are concerned. The primary duty of care Section 19 of the WHS Act, state that Macarthur Coal Ltd has the primary care regarding health and safety of the workers. The observation of these primary duties is vested in the management of the company because it is the one conducting the business of the company. As shown below in the table, the collected evidence has shown that Macarthur has been exercising compliance in accordance with the specifications of duties and obligations under the Act and Regulation. The company was found to be practising all the duties stipulated under WHS Act S. 19 (1), 2, 3, 4 & 5 as shown in appendix 1 (table 1). To achieve the company ensured that the resources are
MACARTHUR COAL LTD WHS AUDIT16 available, installation of signposts, and fencing around the site and the premises (WHS Act s. 2, 3, S. 24 & S. 25). Macarthur ensured all the tunnels, rails, and shafts are securely constructed to avoid them collapsing on the underground miners (WHS Act S. 23, S. 24 & S. 25). The workers in the underground are well trained on the safety issues and how they are supposed to protect themselves from health risks while at work (WHS Reg S. 39). They are provided with facilities to prevent injuries when operations (WHS Reg S. 40). The company has also made sure the supply of air in the underground mines is sufficient to avoid low oxygen which may suffocate the workers. They are provided with PPE such as gas masks, gloves and earplug to control inhaled air and noise from the machinery (WHS Reg S. 44 (2). Other facilities available are toilets, and bathrooms and lunch rooms which are clean (WHS RegS. 41). The evidence was in the training manuals. The company provides first aid where there are rooms set aside specifically for first aids fully equipped and accessible (WHS RegS. 42). The company has a duty to maintain and implement emergency plans (WHS Reg. S. 44). The statistics within the company has shown that most people suffer injury from slip or tripping or being hit by a moving object (WHS Reg S. 54). Rails and cranes are well fitted to avoid such accidents of falling on the slide. The company supplies every new worker with the employment practices especially in machine operations and mining (WHS RegS. 85). The workers are provided with work licenses before being allowed in the mines and machine operations. Consultative arrangements According to Johnstone (2011), consultation is a critical element in auditing for the work health and safety as shown in table 3.
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MACARTHUR COAL LTD WHS AUDIT17 The company has a duty to consult employees under WHS Act S.47 where applicable. The consultation as planned by the Macarthur is being done in accordance with WHS Act S.48. Consultations made were from the management officers, human resource representatives, union representatives, and records of the company. Inspection results – Hazards, Risks and Control Hazards The following as shown in Table 4 were the main identified hazard during the inspection. The first one was the depth of the mines which was more than 200 feet underground. Second, was the exposure to loud noise from machinery in an underground mine. The third was overhead crane that moved up and down the shaft. The last hazard was the manual work done by the underground miners which were likely to cause body stress. Risks The risk of carrying coal to the rail tracks which are later carried up to the surface is likely to cause muscular-skeletal disorder as shown in table 5. High noise is associated with noise-induced hearing problems. The risk associated with suspending cranes in the shaft to the surface pose the risk of hitting workers after mechanical failure or accidental slipping of the load. And lastly, deep are associated with low oxygen and poisonous gas. Therefore, workers are likely to suffer from suffocation or poisonous gas due to such depths. Calculations of the risk The risk calculations are shown in Table 5 &6. There is the likelihood that an employee was exposed to toxic gases while in the underground mines. The most likely consequences are either
MACARTHUR COAL LTD WHS AUDIT18 death or respiratory complications which gives a high-risk rating and a high score of 500 as in Appendix 2. Exposure to high noise can cause-noise induced disorder. The likely consequence will be having a disability and a very high-risk rating of score 500. The risk posed by the cranes in the shafts had a possibility of causing death in it fall on any person in the company. The risk is high because of the seriousness of the likely consequence. Thus the risk score is 500 as shown in Appendix 2 below.Carrying heavy loads cause body stress and muscular-skeletal disorder which is a very high risk of disability with a score of 500 as shown below. Controls Controls As shown in Appendix 1 (Table 7), the control measures to eliminate body stress and muscular-skeletal disorder are suggested in the Prevention of Hazardous Manual Task Code of Practice. The Code of Practice indicates that tasks requiring shoulder and arm movements should be performed between hip and shoulder height (CoP.s.4.3); be located directly in front of worker (CoP.s.4.3); provide for job rotation (CoP.s.4.9) & more frequent rest breaks (CoP.s.4.9). All the above control measures are currently in place.
MACARTHUR COAL LTD WHS AUDIT19 References Booth, A. L., & Katic, P. (2013). Cognitive skills, gender and risk preferences. Economic Record, 89 (284), 19-30. doi:10.1111/1475-4932.12014 Coal21.com, (2012). Energy and Construction (2012) Australian Coal Association. http://www.australiancoal.com.au[Retrieved 13 June 2018] Comcare.gov.au (2016). Codes of practice. Available at https://www.comcare.gov.au/the_scheme/the_whs_act/codes_of_practice[Retrieved 13 June 2018] Johnstone, R. (2011). Dismantling worker categories: The primary duty of care, and worker consultation, participation, and representation, in the model work health and safety bill 2009. Policy and Practice in Health and Safety, 9(2), 91. Mather, M., Mazar, N., Gorlick, M. A., Lighthall, N. R., Burgeno, J., Schoeke, A., & Ariely, D. (2012). Risk preferences and aging:The "certainty effect" in older adults' decision making. Psychology and Aging,27(4), 801-816. doi:10.1037/a0030174 Quinlan, M., Bohle, P., & Rawlings-Way, O. (2015). Health and safety of homecare workers engaged by temporary employment agencies.Journal of Industrial Relations, 57(1), 94-114. The Conversation. (2017).The facts on Australian coal production. [online] Available at: http://theconversation.com/the-facts-on-australian-coal-production-43255 [Retrieved 13 June 2018]. Work Health and Safety Act 2011, (QLD) Work Health and Safety Regulation 2011, (QLD)
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MACARTHUR COAL LTD WHS AUDIT20 Appendix Table 1: Duties Person with dutiesLegislative sectionsEvidence of compliance / Non- compliance Macarthur Coal LtdWHS Act. S. 19 (1), (2) & (3) WHS Act. S. 20 (1) & (2) WHS Act. S. 21 (1) & (2) WHS Act. S. 23 (1), (2), (3), (4) & (5) WHS Act. S. 24 (1), (2), (3), (4) & (5) WHS Act. S. 25 (1), (2), (3), (4) & (5) WHS Act. S. 38 (1), (2), (3), (4), (5) & (6) WHS Reg. S. 32 WHS Reg. S. 33 WHS Reg. S. 39 (1), (2) & (3) WHS Reg. S. 40 WHS Reg. S. 41 (1), (2) & (3) WHS Reg. S. 42 (1), (2) & (3) WHS Reg. S. 43 (1 ), (2), (3) & (4) WHS Reg. S. 44 (1), (2), (3) & (4) WHS Reg. S. 45 WHS Reg. S. 54 WHS Reg. S. 55 (1), (2) & (3) High Compliance Macarthur Coal Ltd subject matter experts and frequently consults about health and safety matters. Macarthur Coal Ltd that the mining sites are visibly signposted to the public and also securely gated around the perimeter of the premises. Ensures adequate information relating to the safety of manufacturing, supplying and importing materials is obtained and distributed. Macarthur Coal Ltd ensures machinery and tools are kept up to date and replaces when necessary. Also shows evidence of adequate storage measures by ensuring materials and equipment are stored in the variously available storage cupboards provided. Macarthur Coal Ltd provides all workers and visitors with PPE, an induction into the environment and scenario planning in the event of an emergency. This is done before access to the workshop can be granted. Visitors are also made to sign a waiver to ensure compliance with the act and regulation and sign in and out on arrival and departure of the premises.
MACARTHUR COAL LTD WHS AUDIT21 WHS Reg. S. 85 (1), (2), (3) & (4) WHS Reg. S. 196 Managing Director of Macarthur Coal Ltd , Human Resource Executive and all other directors (officers) WHS Act. S. 20 (1) & (2) WHS Act. S. 21 (1) & (2) WHS Act. S. 23 (1), (2), (3), (4) & (5) WHS Act. S. 25 (1), (2), (3), (4) & (5) WHS Act. S. 27 WHS Act.S. 38 (1), (2), (3), (4), (5) & (6) WHS Act.S. 39 (1), (2) & (3) WHS Reg. S. 32 WHS Reg.S. 33 WHS Reg. S. 34 WHS Reg. S. 35 WHS Reg. S. 36 (1), (2), (3), (4) & (5) WHS Reg. S. 37 Evidence of due diligence by organizing and implementing regular safety campaigns. Campaigns are shown in every corner of the workshop by posters and reminders as shown in appendix 2 (Safety Campaign). Also establishes regular training exercises around safety as shown in appendix 2 (Training Example) Conducts safety inductions for visitors before entry and ensures visitors sign in and out of reception book. Ensures that visitors follow PPE requirements of hard hats, safety glasses, earplugs steel cap boots and high viz vests before entry is permitted to the workshop. Ensures workers are compliant with duties relating to PPE. Conducts frequent internal and external audits. Keeps abreast of changes in the legislation by conducting frequent safety meetings. Adequately labels all materials supplied with information such Table 2: System of Risk Management WHS RegulationCriteria SetFinding WHS Reg. 34 Duty to Identify Hazards Identify all hazards in consultation with workplace managers (officers) and workers Macarthur Coal Ltd has formal health and safety practices. This is evident from the reports conducted by health and safety management personnel in identifying foreseeable hazards. WHS Reg. 35 Management of Risk Eliminate risks to health and safety too far as reasonably practicable; and where unable to eliminate the risk, minimize those risks Officers frequently analyze the level of risk exposure and utilize the hierarchy of control to eliminate risks.
MACARTHUR COAL LTD WHS AUDIT22 WHS Reg. 37 Maintenance of Control Measures Ensure any control measures put in place to eliminate or minimize risks maintain effectiveness by being fit for purpose, suitable for nature and duration and installed, set up correctly. Officers ensure that workers receive adequate hands-on training incorrect use of machinery and tools. Also gives workers manuals on the operation of tools and machinery. WHS Reg. 38 Review of Control Measures Review and, as necessary, revise control measures implemented under the regulation in order to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety. Officers regularly assess controls that have been previously implemented and run reports to gain statistics into the effectiveness of the control measure. Runs quarterly reports to assess the suitability and relevance of control measures. Macarthur Coal Ltd officers have the end of the month conference meeting with regional directors. If a change in a control measure is needed, consultation with workers takes place and adequate instruction, training, and information provided. Table 3: Consultation Consultative role / bodyLegislative sections Evidence meeting consultative Provisions Macarthur Coal LtdWHS Act s.47 WHS Act s.48 WHS Act s.49 Macarthur Coal Ltd hires subject matter experts to undertake safety inspections and audits regularly. Macarthur Coal Ltd occasionally attends training sessions of safety procedures. Macarthur Coal Ltd liaises with union representative on health and safety matters. Macarthur Coal Ltd, Managing Director of Macarthur Coal Ltd, Human Resource Executive and all other directors (officers) WHS Act s.47 WHS Act s.48 WHS Act s.49 Officers’ conduct regular toolbox meetings with workers. Officers consult and Macarthur Coal Ltd coordinate. TheConstruction, Forestry, Maritime, Mining, and WHS Act s.121CFMMEUis a WHS entry permit holder and therefore, consults with officers as needed and
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MACARTHUR COAL LTD WHS AUDIT23 Energy Union(CFMMEU)provides advice to workers who wish to participate in discussions. Union Representative (worker) No Legal DutiesActs as the go-between for management and workers. Consults on a need be the basis. HSRNot Legally Required Not in place/ not requested Table 4: Hazard Identification Register Identify the task or activity What is a hazard associated with the task or activity Legislative section relevant to Hazard Hazard Ref. No. Operating noise from machinery in the underground mines Exposure to loud noiseWHS Reg. S.34, 56 & 57; Prevention of Noise Code of Practice 1.1, 4.1, 4.2, 4.3 & 5.1. H1 Moving overhead crane with coal Risk of being hit by falling objects WHS Reg. S. 54 & 55 (managing falling objects) H2 Carrying heavy loadsBody stress and musculoskeletal disorder Prevention of Hazardous Manual Task Code of Practice, s. 2.2 & s. 3.3 H3 Exposure to poisonous gas Can cause respiratory complications H4 Table 5: Risk Identification Register Hazard Ref. No. Risk FactorsOutcome of Exposure Who may be affected Who has a Primary duty of Care Risk Ref. No. H1Systems of work are not fast but involve carrying heavy loads . Muscular- skeletal disorders (MSD) Workers on the sorting worktop benches Macarthur Coal Ltd R1 H2Work design andNoise-inducedWorkersMacarthurR2
MACARTHUR COAL LTD WHS AUDIT24 workshop layout–noisy machinery . hearing lossworking close enough to be affected Coal Ltd H3Tools – the weight of coal being moved & an unbalanced load of coal on the overhead gantry crane . DeathEveryone (workers, officers, visitors) Macarthur Coal Ltd R3 H4Systems of work – fatigue and physical strain from pushing heavy trolleys throughout the workshop floor. Muscular- skeletal disorders (MSD) Workers responsible for transferring materials between workstations Macarthur Coal Ltd R4 H5Work design and workshop layout- Operating forklift throughout the workshop floor Muscular- skeletal disorders (MSD) Workers responsible for transferring materials between workstations Macarthur Coal Ltd R5 Table 6: Risk Assessment (see appended risk calculators for details) Risk Ref. No. Estimated LikelihoodEstimated Consequences Risk rating Risk Score Low: 1-90 Medium: 90-249 High: 250-1500 R1LikelyDisabilityHigh500 R2LikelyDisabilityHigh500 R3Remotely possibleDeathHigh500 R4PossibleDisabilityHigh500 R5PossibleDisabilityHigh500
MACARTHUR COAL LTD WHS AUDIT25 Table 7: Controlling Risk - Legislative requirements For each of the identified risks ascertain the legislative requirement for control For example; Risk - Noise exposure; Risk Ref. No.Legislative Requirements R1Prevention of Hazardous Manual Task Code of Practice indicates thattasks requiring shoulderandarmmovementsshouldbe performedbetween hipandshoulderheight (CoP.S.4.3); be located directly in front of worker (CoP.S.4.3); provide for job rotation (CoP.S.4.9) & more frequent rest breaks (CoP.S.4.9) R2Sections 56 & 57 of the WHS Reg. state that the Macarthur Coal Ltd have responsibilities to manage noise and ensure that workers are not exposed to more than 85 decibels. The Managing Noise and Preventing Hearing Loss at Work Code of practice -(1) changing speeds of particular components (CoP. S.5.3); (2) fitting exhaust mufflers on internal combustion engines (CoP. S.5.3); (3) using remote control device to operate noisy machinery from a safe distance (CoP. S.5.4); (4) sign posting noisy machinery, areas and restricting access where possible (CoP. S.5.5); (5) Provide quiet areas for workers to have rest breaks and escape the noise (CoP. S.5.5); (6) Using Personal Protective Equipment (PPE) such as earmuffs or earplugs (CoP. S.5.6). WHS Reg. S. 44 states that the Macarthur Coal Ltd has a duty to provide Personal Protective Equipment (PPE) and that where it is required must ensure the equipment is: selected to minimise risk to h&s, suitable for the nature of work and any hazard associated with the work, suitable size and fit and reasonably comfortable for the person wearing it, maintained, repaired or replaced so it continues to minimise the risk and used and worn by the worker so far as is reasonably practicable. R3Prevention of Hazardous Manual Task Code of Practice indicates that (1) reduce the handling load size and or capacity (CoP. S.4.4); (2) conduct regular maintenance checks on the overhead gantry cranes (CoP. S.4.4); (3) relocating storage areas so that they are closer to workbenches (CoP. S.4.7); (4) introduce job rotation (CoP. S.4.9); (5) conduct thorough training of using overhead gantry cranes and particular safety around weight distribution (CoP. S.4.9). R4Prevention of Hazardous Manual Task Code of Practice suggests that (1) having raw materials delivered, located or mechanically CoP. S.4.722 transferred to the location or work area, for example, making more use of overhead gantry crane (CoP. S.4.7); (2) locating storage areas close to distribution areas (CoP. S.4.7); (3) allowing workers to control the pace for critical or physically demanding tasks (CoP. S.4.7); (4) introduce team handling (5) introduce job rotation (CoP. S.4.9); (6) more frequent rest breaks (CoP. S.4.9).
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MACARTHUR COAL LTD WHS AUDIT26 R5Prevention of Hazardous Manual Task Code of Practice indicates that (1) having raw materials delivered, located or mechanically transferred to the location or work area, for example, making more use of overhead gantry crane (CoP. S.4.7); (2) locating storage areas close to distribution areas (CoP.S.4.7); (3) introduce job rotation (CoP. S.4.9); (4) more frequent rest breaks (CoP. S.4.9)