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Incidents involving a ‘State-based contractor working for a Commonwealth entity’ Workplaces shared by a Commonwealth entity and one or more state-based contractors may be covered by both Commonwealth and state or territory work health and safety (WHS) laws. For example an asbestos removal company is engaged by the Department of Defence (Defence) to carry out asbestos removal work at Randwick Army Barracks in Sydney and a dangerous incident occurs (as defined above). Because the incident has occurred at a place where work is carried out for Defence (on behalf of the Commonwealth) the company must ensure that both Comcare and WorkCover NSW are notified of the incident. Defence and the company may co-operate so that only one notification is made to Comcare on behalf of both. When and how to notify You must notify the regulator immediately after becoming aware of a ‘notifiable incident’. The notice must be given by the fastest possible means—which could be by telephone or in writing, for example by email or online (if available). See page 8 for contact details. Regulators have adopted a common-sense approach to assessing whether an incident has been notified immediately. This means incidents must be notified as soon as the particular circumstances permit. In general a PCBU ‘becomes aware’ of a notifiable incident once any of their supervisors or managers becomes aware of the incident. For example when a worker suffers a serious injury and reports it to their immediate supervisor, it is at this point that the PCBU is considered to be aware of the incident. It is therefore essential to develop internal communication systems to ensure health or safety incidents are promptly brought to the relevant persons’ attention. What information will be requested? At first, the regulator will ask for a clear description of the incident with as much detail as possible. This will help the regulator assess whether or not the incident is notifiable and the need for a follow-up investigation. The following information is usually requested: after examples Notify immediately, and provide the information you can, even if you do not have all of the required information. The regulator may follow-up with a request for more information later if necessary. You must provide the required information in writing within 48 hours of the request being made. Can work continue where the incident occurred? An incident site must not be disturbed until an inspector arrives at the site or directs otherwise (whichever is earlier). The person with management or control of the workplace is responsible for preserving the incident site, so far as is reasonably practicable. Any evidence that may assist an inspector to determine the cause of the incident must be preserved—including any plant, substance, structure or thing associated with the incident. However, preserving an incident site does not prevent any action needed: to assist an injured person to remove a deceased person to make the site safe or to minimise the risk of a further notifiable incident, or to facilitate a police investigation. The sooner the regulator is notified, the sooner the site can be released. An inspector may issue a non-disturbance notice, if they consider that the incident site should remain undisturbed in order to facilitate their investigation. This notice must specify the period for which the notice is to apply—no more than seven days. Penalties apply if an individual or body corporate fails to preserve a site. Site preservation requirements only apply to the incident site Requirements to preserve a site only apply to the area where the incident occurred—not the whole workplace. If you are unsure about what you need to do, you can ask the regulator for advice or to be excused from having to preserve the site. Amending notifications If you receive information that changes the incident type of a notified incident, you must notify the regulator of those changes. For example, if a notified serious injury or illness later results in the person’s death, the regulator must be advised immediately upon you learning that the person has died. Record keeping requirements Records of notifiable incidents must be kept for at least five years from the date of notification. Penalties apply for failing to do so. It is useful to keep a record of having made the notification (e.g. confirmation from the regulator), and also any directions or authorisations given by an inspector at the time of notification. Contact details for regulators info about regulater from australia junior Employee and Other Workers Communicating and Consulting Effectively Importance of communication and consultation Communication and consultation is vital to building a strong health and safety culture and minimising injury and illness in the workplace. This process involves: talking about issues listening to and raising concerns understanding your role seeking information and sharing views discussing issues in a timely manner considering what is being said before decisions are made attending scheduled meetings. Contributing to consultation as a worker You can contribute by: speaking at team meetings talking with your work group giving feedback on policy and procedures when asked. Participation in consultation provides you with an opportunity to: think constructively about health and safety issues that affect you contribute ideas for improvement work as a team in implementing good workplace safety practices. When you should be consulted The ‘person conducting business or undertaking’ (PCBU) is required to consult with you on any matters that may directly affect your health and safety. If you are a HSR or represented by a HSR, then you or your HSR, must also be included in the consultation. There are number of situations when your manager and senior leaders are required to consult with you. They include: identifying hazards and assessing risks arising from work making decisions about ways to eliminate or minimise those risks making decisions about the adequacy of facilities for the welfare of workers proposing changes that may affect the health and safety of workers making decisions about the procedures for resolving health and safety issues monitoring the health of workers or workplace conditions, information and training or consultation with workers carrying out any other activity prescribed by the WHS Regulations. When the PCBU consults with you on a health and safety issue, you need to consider the information provided and give feedback through your HSR. Barriers to effective consultation There are many barriers to how we communicate and consult with each other in the workplace. Finding the right time and delivering messages in the right way can be a challenge. Workers and HSRs should establish a relationship with their manager that encourages open and honest discussion and mutual trust. Consultation often fails due to: lack of clarity of message absence of emotional resonance in your message inaccurate targeting poor timing no genuine feedback process. Improving and promoting communication To ensure that communication is effective in your workplace, you should use all the available and established channels to provide your ideas and concerns about health and safety. Ways to contribute to effective communication include: contribute at meetings seek information from your intranet use emails to clarify, and provide a two-way communication approach establish an open and constructive approach to talking to your colleagues and managers consider the barriers to communication in remote and isolated work locations (e.g shift work, working on your own, isolated by distance or team support, working from home) make contact daily where possible. Talking to your health and safety representative (HSR) Your health and safety representative (HSR) is your main point of contact regarding health and safety matters, so inform them of any concerns or safety issues you may have. HSRs represent workers in relation to health and safety matters affecting workers. Having your HSR represent your work group can help because: a HSR is likely to understand your views and concerns HSRs can be trained in work health and safety and in how to represent you a coordinated and formal approach to raising ideas and concerns with your ‘person conducting business or undertaking’ (PCBU) can have greater impact HSRs have rights and powers to take action on your behalf.