What you need to know about the new

height safety rules

Brenton Hampson

Workplace Access & Safety

Falls, trips & slips – Fact and figures

108 people died over 7 years *1

$8.7 billion in costs (2008 – 2009) *2

26,705 compensation claims *3

*1 Compendium of workers compensation statistics Australia 2009-2010

*2 Published 2012

*3 Table 18, serious claims by mechanism of injury or dispose

26 October 2012 2

Major changes to current legislation

• Who is responsible?

• How high is too high?

• The hierarchy of controls.

• Suspension trauma and rescue.

• Ladder inspection.

• Australian standards

• Who is responsible?

• New diligence obligations

• What if someone falls

• When is this effective?

• How to prepare

26 October 2012 3

Michael Tooma OH&S lawyer, Norton Rose

Michael Tooma What has changed?

Who is responsible?

• The PCBU (Person conducting a business undertaking)

• Reasonable behaviour expected

• “consult, co-operate and co-ordinate activities with

others who have a workplace health and safety duty to

the same matter”.

• Due diligence obligation (risk assess)

26 October 2012 6

Michael Tooma Who pays?

Legislative Framework

WHS Act

WHS Regulations

WHS Code of Practice

Australian Standards

AS/NZS1657 AS/NZS 1891

AS/NZS 4488 AS/NZS 1892

8 26 October 2012

26 October 2012 9

Michael Tooma, Norton Rose

How has the legislation changed?

How high is too high?

• No longer a 2 metre rule

• Applies to all”heights”

26 October 2012 10

Michael Tooma The importance of the hierarchy of controls

Hierarchy of Control

Model regulations part 4.4

Undertake the work:

Level 1: from the ground or on a solid construction

Level 2: using a passive fall prevention device

Level 3: using a work positioning system

Level 4: using a fall injury prevention system

26 October 2012 12

If a risk remains then:

Level 5: from ladders, or administrative controls

Michael Tooma What cost is “reasonably practicable”?

Hierarchy of Control

Level 1: Ground or solid construction

Option B:

a solid construction, which must be:

• Strong enough to support people + materials

• Non-slip, trip-free surface

• Readily negotiable gradient

• Safe ingress and egress

For example :

A work platform with guardrail and ladder access

26 October 2012 14

The first level aims to eliminate the hazard altogether

Hierarchy of Control

Level 1: Ground or solid construction

26 October 2012 15

Perimeter protection

• Guard rails

• Barriers

Hierarchy of Control

Level 2: Passive fall protection device Fall prevention equipment that does not require adjustment

once installed.

Temporary work platforms

• Scaffolds

• Cherry pickers

• Work platforms

Perimeter protection

• Guard rails

• Barriers

26 October 2012 16

Hierarchy of Control

Level 3: Work positioning systems If levels 1 and 2 are “not practicable”, industrial rope access systems and travel restraint systems used to prevent workers falling over an unprotected edge

26 October 2012 17

Hierarchy of Control

Level 4: Fall injury prevention systems

While work positioning systems prevent the fall from

occurring at all, level 4 controls merely minimise the

distance of the fall.

Examples:

• safety nets

• catch platforms

• individual fall arrest systems (IFAS)

26 October 2012 18

Harness based risks

26 October 2012 19

Hierarchy of Control

Level 5: ladders,

administrative

controls

26 October 2012 20

Preventing suspension trauma through rescue

Toxic shock = suspension

trauma

Risk of fatality

2nd person to rescue

Training, documentation,

supervision,

equipment

26 October 2012 21

Preventing suspension trauma

26 October 2012 22

Ladder inspection

Mandatory

“regular”

26 October 2012 23

But when was the building built?

26 October 2012 24

Anchor/static line inspection

“Regular” inspections for “regular” use

Presently

• 6 monthly in Qld, SA, Vic, ACT, WA, Tas

• 12 monthly in NSW

26 October 2012 25

Cost comparison – Anchors vs guardrail

26 October 2012 26

Anchors Guardail

Installation cost $5,320

Admin controls (permits,

rescue, induction etc)

$1,000

Initial training (2 @ $250 ea) $1,000

Inspections (10 @ $350 p/a) $3,500

Retraining every 2 years $5,000

Recertify/replace in year 10 $6,000

Total cost over 10 years $21,820

Cost p/a on P&L $2,182

Cost comparison – Anchors vs guardrail

26 October 2012 27

Anchors Guardail

Installation cost $5,320 $8,200

Admin controls (permits,

rescue, induction etc)

$1,000 -

Initial training (2 @ $500 ea) $1,000 -

Inspections (10 @ $350 p/a) $3,500 -

Retraining every 2 years $5,000 -

Recertify/replace in year 10 $6,000 -

Total cost over 10 years $21,820 $8,200

Cost p/a on P&L $2,182 $205

10 x more

Michael Tooma What happens in the aftermath of an incident?

How do I prepare

• Due diligence obligations – audit and risk assess

• All height risks, not just 2m

• Apply the hierarchy of controls

• Inspect your ladders, platforms

• Rate the risks

• Anchor/static line systems

• Design review

• Plan for rescue

• Prioritize and plan Continue to comply with current legislation

26 October 2012

29

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26 October 2012 30

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Imagine for a moment you havecarefully identified the hazards,assessed the risk, put control measures

in place, consulted with employees anddocumented every step. Are you safe?

When it comes to safe work at heights,maybe not. Legislation surroundingworking at heights in Victoria and NSWis quite prescriptive by today’s standardsand the standard risk assessment processis simply not enough.

Mandatory EquipmentSafety professionals are familiar with thehierarchy of controls that sets out theorder of control measures, running fromelimination to substitution, followed byengineering, administration, and finally,personal protective equipment.

In the field of working at heightshowever, the law takes the hierarchy ofcontrol mechanisms beyond those looseterms and lays out the equipment andsystems to match.

WorkCover NSW’s Safe Working atHeights Guide 2004 clearly spells out theimportance of the hierarchy on page 7,“Unlike other areas of the OHSRegulation, the appropriate risk controlmeasures are not solely determined byconducting a risk assessment. Instead,clause 56 specifies a mandatory hierarchyof controls, which relate solely to the risksassociated with people falling fromheights.”

There is little room for manoeuvreunder the two states’ laws. You mustapply the controls in the listed order andcan only move down to a lower levelwhere it is “not practicable” to use ahigher order control.

The Victorian Code of Practice (No 28)– Prevention of Falls in GeneralConstruction explains neatly that“Practicable” does not just mean the costin dollar terms, and lists four factors to betaken into account: • the severity of the hazard or risk; • the state of knowledge; • the availability and suitability of ways

to remove or mitigate the hazard or risk; and

Height safety: when risk assessment is not enoughBoth Victoria and NSW have developed an hierarchy of controls specifically for people working at heights.Here Carl Sachs* outlines what safety professionals need to know.

• the estimated cost of removing or mitigating the hazard or risk.

Move from one level to the next, andboth state regulations stipulate that youdocument the reasons why a higher levelof protection was not practicable.

Hierarchy DemystifiedThe hierarchy of control is similar inboth Victoria and NSW but organised alittle differently.

Victoria’s hierarchy of control specifiesfive levels of control, while NSW groupsthem into three.

For the sake of clarity, this article willoutline the five-level Victorian hierarchy,which includes the following:Level 1: Undertake the work on theground or on a solid construction -This first level aims to eliminate thehazard altogether, in line with the moregeneral hierarchy of controls used inother safety fields.

It suggests a host of measures fromusing extendable handles on paint rollersto tilt-slab concrete wall construction asalternatives to working at height.

The definition of a “solid construction”is a little more complex. It must haveenough structural strength to supportpeople and materials; have a non-slip

surface free from trip hazards and at areadily negotiable gradient; edge and voidprotection and; finally, a safe means ofaccess and egress.Level 2: Undertake the work using apassive fall protection device - Thephrase “passive fall protection device” isvague because it covers quite a range ofheight safety products with one commonelement: once they are installed, there isno need for alteration. Examples includefixed or mobile scaffolds, guard rails,scissor lifts, cherry pickers and roofsafety mesh.Level 3: Undertake the work using awork positioning system - If eliminatingthe risk is not practicable and neither arethe level 2 controls, consider thecategory of safeguards referred to as“work positioning systems”.

These typically include industrial ropeaccess systems and travel restraintsystems. Simply put, these systems preventworkers falling over an unprotected edgeand are harnesses attached by lanyards toroof anchors or static lines, or harnesseswith ropes and friction devices.

The effectiveness of these safeguardsdepends entirely on the skills of theirusers and how well the equipment is

continued on page 20

Walkways and guardrails are typical level 2 controls.

18 I Safety First I February 2006

As seen in the February edition of ‘Safety First’.

continued from page 18 maintained. Both users and theirsupervisors should undertake competencybased training before implementing anylevel 3 safeguards.Level 4: Undertake the work using a fallinjury prevention system - Oftenconfused with work positioning systems,fall injury prevention systems arefundamentally different. While workpositioning systems prevent the fall fromoccurring at all, level 4 controls merelyminimise the distance of the fall.

Examples of fall injury preventionsystems are safety nets, catch platformsand individual fall arrest systems (IFAS).All of them need to be installed by peoplewith specialist technical skills but workersusing IFAS must also be highly trained.

Some of the most common hazardsassociated with IFAS are caused by the“pendulum effect”, where a worker fallsover the edge and swings underneath.First, the worker risks being smashedagainst the side of the building.

Second, a line that is extended too faracross the roof can become too long toprevent the person from hitting the

20 I Safety First I February 2006

ground as the rope swings back towardsthe anchor point.

Even if the fall has been arrestedwithout injuring the worker, there is therisk of suspension trauma, where bloodpools in the legs in the minutes after thefall, leading to unconsciousness andeventually, death.

For all these reasons, workers usingIFAS should never work alone and anemergency plan needs to be put in placeto allow a speedy rescue.Level 5: Undertake the work fromladders, or implement administrativecontrols - The very last resort forworking safely at height encompassesladders and procedures, or“administrative controls”. In itssummary of the regulations, WorkCoverVictoria has this to say about level 5controls:

“The reason these two are groupedtogether at the end of the risk controlsequence is that they are equally poorways to control the risk of a fall.”

The Victorian Code details the correctuse of ladders and outlines the need forstringent documentation of administrativecontrols.

The Bottom LineIt makes sense to follow the safe work atheights hierarchy of controls. Aside frommeeting your moral and legal obligations,it is good business to install the higherlevel controls like guardrails andwalkways wherever possible rather thanrelying on fall prevention and fall arrestsystems.

Level 1 and 2 controls focus on makingthe environment (usually a rooftop orbuilding) safe. The remaining levels placethe emphasis on safe behaviour orrestraining the worker with technicalequipment.

In practice, this means that simple, lowmaintenance systems like guardrails areless costly over their lifetimes, requirelittle training to use and allow a broaderspectrum of workers to do the job safely.Better height safety really does equal amore productive workforce.*Carl Sachs is a director of WorkplaceAccess & Safety, 1300 552 984, andrepresents the Master BuildersAssociation on the committeefor AS 1657 - 1992: Fixed platforms,walkways, stairways and ladders -Design, construction and installation.

HEIGHT SAFETY

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