It is with great sadness that we announce the passing of Rick Millar on the 26th of August 2021, due to a recent battle with cancer.
Rick had been the CEO of the WAHA for a little over 2 years, after a distinguished career working with a number of manufacturers of fall protection equipment, in a career lasting over 50 years.
Rick was also a founding member of the SF015 committee for Standards Australia, seeing through the creation and subsequent revisions of the ASNZS 1891 Standard. He is also the current Chair of the ISO fall protection Standard and naturally his experience, generous commitment of time and goodwill to assist people in any way he could, will be sadly missed by all people who had the pleasure of interacting with him.
With the direction and support of the board of the WAHA, Scott Barber has agreed to act as CEO of the organisation and assumes this role immediately. In the days to come we will pass on any further information as necessary to those who may wish to offer messages of support to his friends and family.
Did you know that elevating work platforms, or EWPs, need to be inspected at least annually?
Safe Work Australia has published new guidance for inspecting and maintaining EWPs.
Elevating work platforms are high risk equipment that have caused 9 worker fatalities in the past 5 years (2015-2019). An inspection, maintenance and testing program is crucial to assess their safe operation.
There are different types of EWPs, including:
scissor lifts
self-propelled boom lifts
trailer or vehicle mounted lifts, and
telehandlers with elevating work platform attachment.
Employers are responsible for keeping workers safe and this includes ensuring that plant equipment is inspected and maintained. Employers must also ensure that workers are given the necessary information, training, instruction and supervision to use EWPs safely.
Read SafeWork Australia’s guidance to make sure you are eliminating or minimising the risks of working with EWPs.
Working on roofs involves a high degree of risk, Safe Work NSW and other State and Federal Regulators have been concerned at the mounting number of injuries and death when workers are fitting Solar panels to cottage roofs.
Fitting Solar panels and equipment to the roofs of cottages and other buildings such as high Rise & Industrial Buildings leaves the worker exposed to hazards such as roof access, fragile roofs, electricity, manual tasks, falling objects, exposure to heat and sunlight.
All work on roofs is highly dangerous, even if a job only takes a few minutes. Proper precautions are needed to control these risks and such work may be considered ‘construction work ‘which includes work carried out in connection with fitting to, altering, converting, renovating, repairing, maintaining, demolishing, or dismantling a roof of a structure.
Examples of these activities include tiling, roofing restoration and installing solar panels. Minor work on roofs that is not considered ‘construction work’, for example cleaning roof gutters or replacing individual roof tiles, can also have the same hazards, especially the risk of falls.
Safe Work require those carrying out work on roofs must be trained, competent and instructed in use of the precautions required though do not mandate this training. A ‘method statement’ is the common way to help manage work on roofs and communicate the precautions to those involved.
Contractors should work closely with the client and agree arrangements for managing the work specifically for roof access, roof edges, openings, skylights, and fragile roofs
There is a misconception that Working at height means working at a height of 2 meters or more.
Working at heights is where there is a risk of falling from one level to another – injury and death may occur in heights less than 2 meters and falls from any height can leave workers with permanent and debilitating injuries such as fractures, spinal cord injuries, concussion and brain damage. The risk of serious injury or death from a fall increases when working on roofs.
Hazards to consider in managing fall risks include:
unprotected edges
fragile surfaces
skylights
holes or vents
Additionally, weather conditions such as wind and rain (for example being blown over the edge or slipping on a wet roof surface), trip hazards (for example roof components and protrusions) and overbalancing when close to an edge while hauling components onto the roof or losing grip on steep pitched or sloping roofs.
Workers such as electricians, plumbers, pest control operators, installers of roof aerials, solar panels, and air-conditioning systems, can trip and fall on roofs, through roofs and openings or while accessing or exiting roof areas.
Work Safe statistical figures suggest almost one in five deaths in construction work involve roof work. Some are specialist roofers, but many are just repairing and cleaning roofs.
Main causes: the main causes of death and injury are falling from roof edges or openings, through fragile roofs and through fragile roof lights.
Equipment and people: many accidents could be avoided if suitable equipment was used and those doing the work were given adequate information, instruction, training and supervision.
When planning to work on a roof one of the first areas we should look to is the safe access to a roof which requires careful planning, particularly where work progresses along the roof.
Typical methods to access roofs are:
general access scaffolds;
stair towers;
fixed or mobile scaffold towers;
mobile access equipment;
ladders
roof access hatches.
Roof edges and openings
Falls from roof edges occur on both commercial and domestic projects and on new build and refurbishment jobs. Many deaths occur each year involving smaller builders working on the roof of domestic dwellings
Sloping roofs: sloping roofs require scaffolding to prevent people or materials falling from the edge. You must also fit edge protection to the eaves of any roof and on terraced properties to the rear as well as the front. Where work is of short duration (tasks measured in minutes), properly secured ladders to access the roof and appropriate roof ladders may be used.
Flat roofs: falls from flat roof edges can be prevented by simple edge protection arrangements (there are several different types of edge protection available) – which can be easily mounted and secure the roof edge
Fragile surfaces
Special care needs to be taken when working on fragile roofs, follow a safe system of work using a platform beneath the roof where possible. Work on or near fragile roof surfaces requires a possible combination of staging’s, guard rails, fall restraint, fall arrest and safety nets slung beneath and close to the roof.
Fragile roofs: all roofs should be treated as fragile until a competent person has confirmed they are not. Do not trust any sheeted roof, whatever the material, to bear the weight of a person. This includes the roof ridge and purlins.
Fragile roof lightsare a particular hazard. Some are difficult to see in certain light conditions and others may be hidden by paint. You must provide protection in these areas, either by using barriers or covers that are secured and labelled with a warning.
The risk of falls must be managed using the most effective control measures that are reasonably practicable, in accordance with the hierarchy of controls. If a single control measure is not enough, a combination of control measures can be used. In order of the hierarchy of control, control measures start with eliminating the risk of falls by avoiding the need to work at height.
For example, installing air-conditioning and similar units at ground level, using devices with extension handles to reach items on or near the roof.
Reducing the amount of time spent working on roofs if working at height cannot be avoided, providing the following safe systems of work such as fall prevention devices. This may be achieved through roof safety mesh, guard railing, scaffolding or elevating work platforms if fall prevention devices are not reasonably practicable, use work positioning systems. Additional systems include travel restraints—these are designed to prevent workers from reaching an edge where they could fall, or if work positioning systems are not reasonably practicable, use fall-arrest systems.
Examples of fall arrest systems include catch platforms, individual fall-arrest systems with harnesses and anchor points and safety nets—these are designed to reduce the severity of injury in a fall. For minor roof tasks of short duration (less than a couple of hours) that are carried out in good weather conditions on a standard single storey roof where the roof itself is flat or almost flat, structurally stable, and non-slippery, safe work procedures (e.g., ensuring workers maintain a 2-metre distance from all exposed edges when working on the roof) and the safe use of ladders may be sufficient to minimise the risk of a fall.
Safe Work NSW has released a SOLAR Installers check list which may be found on their web site www.safework.nsw.gov.au/…/solar-installers-safety-checklist other Regulators have work practice documents providing information on Safe Work on roofs, these documents are supported by regulation and should assist in the preparation of safe work practices which may be reflected in the Safe Work Statements.
The safety guide provides the solar industry with clear direction on controlling risk, including a simple safety checklist for people working in the industry, instructions on developing a site-specific safe work method statement and minimum fall protection measures. Businesses that sell, design and install solar systems have duties to provide and maintain a working environment that is safe, and no solar installer should be working on a roof without fall protection in place.
The Working At Height Association of Australia (WAHA) forum, addresses working at height training requirements.
IN EARLY MAY 2021, WAHA ORGANISED A forum bringing together principal trade associations, representatives from SafeWork NSW, a leading industrial law firm and industry groups all identifying with the issues relating to working at heights. The forum was designed to encourage open conversation about height safety and the needs and requirements of the various industry sectors.
Karlene Knighton, SafeWork NSW
The Forum took place in the McKnight training room at 3M, who generously made available its extensive facilities to accommodate the in-depth discussion. WAHA arranged for various presentations from ‘Persons Qualified’ to talk on height safety issues. The day included presentations from various areas of expertise and provided an interactive background to the Forum discussion. Each presentation was extremely informative and each provided attendees an opportunity to question and add to each.
The presentations which were delivered by:
Mr John Makris: Partner – Kingston Reid Kingston Reid is a leading NSW Workplace Health & Safety law firm practising in areas of workplace and occupational health and safety matters. Makris is recognised by the New South Wales legal market and he has been commended by the state’s employment law barristers and solicitors for his expertise and abilities in these areas. Michael Biddle: Chairman of the Working at Height Association Biddle has over 17 years’ experience in the height safety industry as a manufacturer, RTO Manager and Director of a height safety installation and distribution business. Karlene Knighton: Acting Manager, Harm Prevention and Compliance Programs | Construction Services Group SafeWork NSW. Knighton provided insights into the work Safe Work is carrying out to strengthen the understanding of the risks and mitigation of death and injury working at height. David Etheridge Etheridge has vast experience is in construction often working in the position of a Person Conducting Business or Understanding with a background in the supervision of those working at height.
“We should never forget that gravity is no respecter of persons, it affects everyone often with disastrous consequences resulting in serious, permanent injuries or death. Of real concern is that industry statistics gathered by Safe Work Australia and those of the various States and Territories over the last 5 years have shown that despite all the best efforts of regulators, associations and employers the number of injuries and death from working at height has really not changed in any significant way,” said Etheridge.
Rick Millar, CEO of the WAHA
It was recognised that injuries and deaths are not limited to any specific industry group or sector, as all industries are exposed to the hazard although the level of incidence varies considerably. The forum was able to discuss a wide range of issues affecting industry and training both poor and good and managing those risks.
“We should never forget that gravity is no respecter of persons, it affects everyone often with disastrous consequences resulting in serious, permanent injuries or death.
David Etheridge
The forum looked examined the costs of fall incidents, not just the dollar costs but the emotional pressures that these incidents place on all those involved along with time-line losses, production delays in work output, the
WAHA, Safe Work, other organisations and individuals prepare and print numerous documents containing thousands of words relating to the risk of working at height. This documentation is designed to reinforce the messages to those at risk, and yet results do not improve with the injury and death rates remaining fairly constant. The questions attendees of the forum were asked look at and suggest possible changes to, is the way industry looks at the quality of training for working at height. To examine the quality and type of training required, there is a need to understand that any person who is required to work at height should have training to enable them to work safely in what is a high-risk position.
The Regulators work practice documents require those who are involved in working at height should be competent, the requirements of the Regulations ‘kick in’ when someone is working at height often at 2 metres though falls can be from any height, falls from heights lower than metres have resulted in serious injuries and even death. The employer has a duty of care under Section 21 to ensure that plant, and systems of work, are safe and without risks to health, so far as reasonably practicable.
It is recognised that equivalent or better ways of achieving the required work health and safety outcomes may be possible. For that reason, compliance with codes of practice is not mandatory providing that any other method used provides an equivalent or higher standard of work health and safety than suggested by the code of practice. Therefore, the type of training needed will vary depending upon the level of risk involved in doing the work. Some workers will need formal training to do their work safely. This includes: operating high-risk equipment, such as a forklift or cranes; working in high-risk places, such as a construction site. There was an appreciation of this by the attendees of the Forum which became the basis on which the following items were tabled providing a healthy the discussions on each of the points listed here; Points in the discussion included;
• To work towards engagement with Industry • Industry recognition of training programme • Industry modules • Risk management to identify hazards – Recognition of risk • Base Line training to develop skill Sets • Look at a code of practice present future skill requirements • Standardised training content – Several layers of training / skill sets • To develop Quality training module content – What does this include and what are the expected outcomes? • Possible work check and balances • Association led training packages • Working at heights passport system – Would need industry recognition
The meeting thought that WAHA should work towards a training programme acceptable to industry which would include a balance of theory and practice to provide a reasonable level of knowledge to help towards the recognition of risk developing a clear vision of what we are looking to achieve and how to achieve the outcomes expressed at the Forum. We can only reduce the injuries, death and high cost from working at height with support and assistance provided by Industry working together providing a way forward, WAHA in conjunction with the International Exhibition & Conference group are looking to present a more in depth look at the possible changes and Industry acceptance of the changes relating to Working at Heights training where we would invite industry representatives to join us at the Safety Conference in Sydney on September 7th and 8th 2021.
Workplace Health and Safety Queensland confirm there have been numerous incidents at Queensland workplaces this year involving cranes and lifting equipment that had the potential to cause serious injury to workers.
The cause of these incidents can be broken into five broad categories:
failure due to incorrect slinging and rigging techniques
loose objects falling from loads being lifted
loads colliding with adjacent structures or plant causing items to dislodge and fall
cranes not being used in accordance with the manufacturer’s instructions
incorrect crane selection and siting.
Incorrect rigging and slinging techniques
Workers should be trained and verified to perform tasks and it is vital the crane is rigged to the manufacturer’s instructions. If practicable, utilise engineered lifting points.
These measures should be complemented by:
selecting the right equipment, ensuring chains/slings have sufficient WLL, and when lifting with synthetic slings, using sling protection
following guides provided by the designer, manufacturer or supplier and consulting with workers, with pre-start meetings discussing proposed safe methods
ensuring doggers/riggers in control of the load are outside the zone where they could be struck – and implementing exclusion zones so workers not involved are outside the lifting area
ensuring equipment is inspected and is up to date as specified by the manufacturer.
Loose objects falling from loads being lifted
Ensure a safe system of work is in place to conduct, inspect and remove all loose items from loads prior to lifting (e.g. loose z-bar nuts on formwork shutters, items above the fill line of a skip bin) and don’t overfill bins or lifting boxes. Avoid items that protrude or overhang from the bin or lifting box.
Cover bins and lifting boxes and don’t rely on plastic wrap or similar methods to retain objects lifted in bulk. Loose items should be inside a lifting box/cradle or strapped with form ply.
Loads colliding with adjacent structures or plant
Before work begins, design the workplace layout to locate storage and delivery areas away from structures so that loads can be lifted free of obstructions. Use tag lines to stabilise loads where required and monitor wind conditions and only lift when safe to do so.
Ensure that the dogger or rigger has clear sight of the load and can direct the crane operator as needed. Plant like concrete placing booms should be away from the crane or the lifting operations – and if other equipment is operating on site, have a safe system of work for the interaction.
Cranes not being used in accordance with the manufacturer’s instructions
All operators need the appropriate high-risk work licence for the type of crane, and familiarisation training must be conducted for the specific crane. Procedures must be in place to ensure workers follow the manufacturer’s instructions, particularly during setup and shutdown.
Incorrect crane selection and siting causing crane overturning
Ensure the right capacity crane is selected to prevent the plant from overturning and at all times focus on the heaviest loads and maximum lift radius. Consultation should occur to verify the safest site location for assembly, with ground conditions assessed.
An amendment has been released for ASNZS 1891.4 – Industrial Fall-arrest systems and Devices: Selection Use and Maintenance.The amendment is not to any content other than references to standards that have been introduced or changed since the standard was first written.
This includes:– ASNZS 5532 addition– ASNZS 1891.5 addition and removal of AS/NZS 1891.1 references to lanyards and pole straps– ASNZS 4488 removal and addition of ISO 22846
A small business owner has been sentenced to eight months imprisonment (plus an additional 18 months suspended), a $2,250 fine and his company fined $605,000 in the first custodial sentence for a safety prosecution in WA history. This is also the highest fine ever issued in WA for a workplace safety breach.
The Director and the company pleaded guilty to gross negligence causing the death of one worker and serious injury to another.
The Director owned and operated a small shed building company. In March 2020, the two workers were installing roofing when strong winds caused a roof sheet to lift and both workers to fall approximately 9 metres. Neither worker held a high risk work licence or wore a safety harness.
Notably, these types of incidents were known in the industry (particularly in the Esperance region) and the Director was aware of the risks. Despite the Director’s early guilty plea and acceptance of responsibility, the Court considered the failures were of the most serious type.
This decision is the first time an individual has been jailed in WA under the existing safety legislation and is significant as it:
clarifies the misconception that industrial manslaughter is a new concept for WA when the possibility of a jail sentence for a serious breach of safety legislation has always been the reality;
is a clear indication that the safety regulators in WA will be willing to use new industrial manslaughter provisions to their full extent when the new WHS laws commence (in respect of officers and persons conducting businesses and undertakings); and
demonstrates Courts will issue penalties for safety breaches that are in line with the new, significantly higher, penalty regimes.
Considerations for employers
While safety is often considered a purely operational matter, this decision and outcome demonstrates that responsibility for safety exists at every level of an enterprise.
Employers and officers should be taking note of this decision and the attitude of the regulator in bringing a prosecution of this type against an individual, particularly in light of the impending Work Health and Safety Act 2020(WHS Act) which places express obligations on officers in respect of safety and strengthens the framework for individual officer prosecutions.
Under the WHS Act, industrial manslaughter can result in individuals being liable for a maximum fine of $5,000,000 and/or up to 20 years imprisonment and corporations for a maximum fine of $10,000,000.
Due diligence provisions for officers require that they be familiar with the operational risks of the business, the systems to manage those risks and that they take steps to verify that the systems are in place and effective. A failure to take these steps may see officers liable for safety breaches, including where there has been a significant incident.
We recommend employers and individual officers actively review the safety arrangements currently in place and begin taking steps to ensure that they are ready for the introduction of the WHS Act.
Did you know that most people who are seriously injured or killed, fall from a height of four metres or less.
Ladders, incomplete scaffolds, a roof edge or falling through fragile roof sheeting are the major causes of injuries.
More than 12,000 workers were injured after falling from a height between 2014 and 2017. 25 died and more than 240 were permanently disabled.
In this episode of the SafeWork NSW SafetyCast, our host Belinda Orriss talks falls from heights with Kane Scott, a Manager in our Construction Services Group.
Statistically, falls from heights remain one of the biggest causes of death, disability and injury in workplaces in Australia.
Any time there is a risk of a worker falling from one level to another, the worker is at significant risk of injury and needs to be protected. When each of us turn up to work, our employers have a legal obligation to provide us with a safe work place and we each have our own legal responsibility to ensure we take all reasonably practicable steps to make sure that everyone goes home at the end of the day.
Understanding our responsibilities is vital to ensure there is consistency across our industry and every workplace.
There are a number of documents available to aid in the safe undertaking of works and to maintain our legal obligations. Let’s work our way from the top down!
An Act is legislation passed by parliament: a statue or law which in turn are supported by Regulations, Codes of Practice and Australian Standards.
Acts set out the broad legal / policy principles. For example, the Workplace / Occupational Health and Safety Acts provide a framework to protect the health, safety and welfare or all workers at work and of other people who might be affected by the work.
Acts are known as primary legislation; and the term legislation itself encompasses a single law or a collection of laws.
Regulations are documents that dictate how the provisions of the Act are applied. Workplace Health and Safety (WHS) / Occupational Health and Safety (OHS) Regulations specify the way in which some duties under the WHS Act must be met and prescribes procedural or administrative requirements to support the WHS / OHS Act.
Further guidance for person(s) conducting a business or undertaking (PCBU) are Code of Practice or Compliance Codes. These establish and document a practical guide to achieving and maintaining standards of health, safety and welfare. Codes of Practice (COP’s) are developed with consultation with industry bodies, and are subject to review to ensure the content remains relevant and appropriately reflects current industry best practice and new equipment, technology and working practices are developed.
A code of practice applies to anyone who has a duty of care in the circumstances described in the code. For most cases, an approved code of practice would achieve compliance with the health and safety duties in the Workplace Health and Safety Act. Like regulations, codes of practice deal with specific issues and they do not cover all hazards or risks that may arise.
Codes of practice are admissible in court proceedings under the Workplace Health and Safety Act and Regulations. Courts may regard a code of practice as evidence of what is known about a hazard, risk or control and may rely on the code of practice when determining what is reasonably practicable in the circumstances in which the code relates.
SafeWork Australia has developed Code of Practice / Industry Codes to provide practical guidance on how to meet the standards required under the Workplace Health and Safety Act and Regulations: however, the Commonwealth, States and Territories are responsible for implementing, regulating and enforcing Workplace Health and Safety laws in their jurisdiction. Therein lies a notable distinction between State or National (Government) based Codes of Practice and industry based codes.
In specific reference to height safety related matters, the Working at Heights Association (WAHA) has developed Industry Codeswhich seek to draw details of regulations, codes of practice and manufacturer recommendations together to provide guidance on the correct, safe installation, inspection and recertification of fall protection systems. These are intended to enhance, not replace, the codes of practice and provide all stakeholders with industry-best-practice methods for height safety systems. These codes are an example of industry based codes vs State or National based codes of practice.
The model laws developed by SafeWork Australia have been implemented in all jurisdictions except Victoria and Western Australia; Western Australia is currently consulting on options to implement elements of the model laws.
In the jurisdictions where the model laws have been implemented, each state and territory is expected to make variations to ensure the laws operate effectively in their jurisdictions. In some instances, states and territories have also made more substantial variations. This is why it is important to make sure you always consider the WHS laws that apply in your state or territory.
Additional guidance material is contained within Australian Standards. Australian Standards give us a set of guidelines, specifications and procedures to the purpose of ensuring products, services and systems are safe, consistent and reliable. They are not legally enforceable, unless referenced by legislation: but keep in mind that if a PCBU chooses to operate outside of the scope of these guidelines then they must establish, justify and document their reasoning.
Within Australia, we have several industry standards that are applicable to the working at heights and confined spaces industry sector and you can view some industry specific standards here. It is worth noting that there are additional standards that while not binding within Australia / New Zealand – they do hold merit due to the international nature of the wider working at heights industry.
There are a few International Standards (ISO Standards) that have been recently adopted by Australian Standards. The ISO is an international standards body that has a number of representatives from national standards organisations and it is currently the worlds largest developer of voluntary international standards.
Other standards that you may encounter include European Standards (EN Standards). These are developed by the European Committee for Standardisation (CEN) which is a non-profit standard setting organisation, which is officially recognised by the European Union. Equipment manufactured to these standards are widely recognised as providing an appropriate standard that is maintained across the industry irrespective of geographical location.
You can also encounter American Standards (ANSI Standards) which include development of standards with ASSE International, the International Safety Equipment Association (ISEA) and the National Fire Protection Association (NFPA).
The foundation is Operational Documents. In order to keep workers safe from the risk of illness or injury companies need to have operational and site-specific procedures, forms and documentation to assist them in meeting and maintaining their legislative duties as well as their duty of care to their employees.
About the Author: Deborah is the Secretary of WAHA and CEO of Eve Consulting. She has over a decade of business management experience in the industrial rope access and working at heights sector and is a former member of the IRATA International Health and Safety Committee. She holds multiple qualifications in the field including IOSH Rope Access Manager, QMS Lead Auditor and KONG PPE Inspector.
Minister for Better Regulation, Kevin Anderson, has announced (statement here) that SafeWork NSW inspectors are targeting rooftop solar panel installation, as part of our ongoing focus on reducing fatalities and serious injuries in the construction industry.
Most serious solar installation incidents reported to SafeWork include workers falling from ladders, off or through roofs – such as polycarbonate plastic roof sheeting – and electric shock.
Inspectors continue to see unacceptable safety levels in the industry, with some installers using inadequate or no fall protections, or not isolating electrical power.
There is no excuse to not have fall and electrical protections in place to protect workers.
When installing solar you must:
have a site-specific safe work method statement (SWMS) prepared for each job
use scaffold or temporary edge protection (such as roof rails)
harness-based systems must only be considered when scaffold or temporary edge protection cannot be used
install controls to prevent persons falling through a roof, such as physical covers over skylights, mesh or walking platforms over polycarbonate roof sheeting
a fall restraint system must include an anchor plan and enough anchors located in positions so that the worker can traverse the roof safely without reaching a falls hazard
provide safe access to the roof. If using a ladder, make sure it’s fixed at the top and base, and extends 1m past the access point
ensure the wiring of the solar panel installation is done by someone who holds an electrical contractor licence or an electrical qualified supervisor certificate, or under the supervision of someone who holds an electrical qualified supervisor certificate
switch off all sources of electricity to the property and tag them out
prove isolation by testing for dead and ensure workers test before they touch
ensure workers are trained and supervised, particularly young or inexperienced workers.
On the spot fines of up to $3,600 for businesses and $720 for individuals apply for putting workers lives at risk when working at heights.
For more information on how to work safely when installing rooftop solar panels, see the SafeWork NSW solar panel installation safety webpage, or call 13 10 50.
