Purpose
This policy outlines the process by which the management and compliance advisors identifies applicable legislation, Codes of Practice and Standards and remains up to date with changes and ensures managers and staff are made aware of current legislation and changes as they occur. This guideline also outlines the process for reviewing and updating the documentation to reflect the legislation and changes.
Scope
The legislation, Codes of Practice and Australian Standards applicable to the Management System are identified in this document. The list of applicable standards and codes of practice is not exhaustive and aims to identify those operations where reference to guidelines is required to minimise risk to staff and the community.
Policy Statement
The purpose of this guideline is to ensure that Company‘s Risk Management system complies with legislation it is vital that the Company has a mechanism to enable changes in legislative requirements to be identified.
Responsibilities
The System Manager is responsible for ensuring that:
- A method exists for identifying and monitoring health and safety legislation, standards, codes of practice, agreements and guidelines relevant to the organisation.
- Company WH&S procedures reflect the requirements of such legislation.
- Any new or changed legislated requirements are disseminated to the Company as appropriate.
- Outdated information is discarded or marked to indicate it is no longer current.
- That a system is implemented to track and record changes to relevant Legislation, Codes of Practice and Australian Standards.
Managers and Supervisors
Managers and Supervisors must ensure that procedures and protocols being developed in the local area must reference the relevant current legislation, standards or guidance material being used in the writing of their document.
The risk management form and the safe work procedure reference the relevant legislation or standards.
Managers and supervisors are also responsible for ensuring legislative compliance for activities under their responsibility.
Identifying and Monitoring Legislation
To ensure that Company has access to the most applicable and current legislation, the Quality Assurance requires that the organisation maintains subscriptions and memberships to publications, journals and associations.
The quality assurance manager shall identify any relevant new legislation, standards, codes of practices and agreements or changes and initiate a legislative compliance review for any relevant documentation.
Subscriptions include
- [insert subscriptions to associations, industry standards, skills councils, publications etc]
Memberships include
- [insert memberships to associations, industry standards, skills councils, publications etc]
- [insert memberships to associations, industry standards, skills councils, publications etc]
- [insert memberships to associations, industry standards, skills councils, publications etc]
- [insert memberships to associations, industry standards, skills councils, publications etc]
- [insert memberships to associations, industry standards, skills councils, publications etc]
- [insert memberships to associations, industry standards, skills councils, publications etc]
Referencing Legislated Requirements in Management System (MS)
The MS documentation shall identify:
- The title of any relevant legislation, code of practice or Australian Standard, agreements or guidelines used in the writing of the document.
- The requirements of applicable legislation, code of practice, Australian Standard etc.
Communication and Dissemination of Legislative Information
Mechanisms are in place for alerting the Company of new and changed legislative requirements. These legislative requirements are communicated through Company‘s consultation mechanism including, but not limited to, Health and Safety Consultation Committee meetings, the website and newsletters, memo’s, memorandums, meetings, SMS, workshops, and Project Management Plans.
Where appropriate, stakeholders may also receive communication directly via email of any changes or updates to legislation pertaining to their specific subject.
Access to Legislation and Guidance materials
Access to current relevant health and safety legislation, standards, codes of practice, agreements and guidelines is primarily available through electronic media from the council website including this document and other external internet sites. Where electronic information is inaccessible work units can contact the Quality Assurance Manager (QAM) who shall produce hard copies for requested legislation and guidance.
The QAM provides external links on Company’s website to facilitate individuals accessing current legislative information. External links to sites containing relevant information include:
- Saiglobal
- Safe Work Australia
- Law Links – Australian Legal Institute Information
- Commonwealth Government
Specific Activities – Licensing / Notification / Certification requirements
For specific activities where legislation requires that there is a licence, certificate of competency, notification to the regulatory department, registration, approval, exemption, or any other type of notification, any person undertaking any of these activities is responsible for ensuring that they comply with all such requirements. Schedule 3 of WHS Regulation identifies specific high-risk work for which licenses are required. There are other legislations in addition to WH&S legislation, that identify licensing, certification and notification requirements.
The following list includes examples of Company documentation detailing specific requirements for licensable activities applicable at Company :
- Plant and Equipment Procedure [high-risk activities]
- Dangerous Goods Placarding, Manifests
- Prohibited and Restricted Carcinogens
- Biosafety Procedure
WH&S legislative requirements are incorporated into Company activities through the following processes:
- Developing IMS documentation;
- Documenting risk management plans;
- Developing safe work procedures;
- WH&S Induction and training.
Legislative compliance review
Company Legislation Register will be reviewed whenever there is a change of legislation. The process for such review is included in the RMS Review Procedure and information is marked as superseded in accordance with approved Document Control Procedures.
Changes in legislation and applicable standards will prompt a review of the corresponding Company procedures. If changes are required then a revision will be made and the document will be placed on the website as a ‘draft for consultation’ purposes. Communication of the changes will be in the usual manner e.g.
- Email directly to relevant stakeholders
- newsletter
Competency Requirements to Undertake Reviews
The Quality Assurance Manager, in collaboration with senior management, will carry out reviews of council’s documentation, to ensure that the requirements of WHS legislation are incorporated. In addition, persons possessing the necessary qualifications, skills and experience of the subject matter in the local area will review reviews of local protocols and procedure.
Definitions
Work Health and Safety (WH&S) Legislation includes Work Health and Safety Acts, Regulations and Compliance Codes; the requirements of which are mandatory.
Workplace Health and Safety (WH&S) Information includes, but is not limited to advisory and informative codes; Australian Standards; and various HS medical, epidemiological, scientific journals and newsletters.
Risk Management System (RMS) A set of plans, actions and procedures to systematically manage health and safety, quality, management systems and the environment in the workplace that is actively endorsed by Company.
Quality Assurance Manager (QAM) is a designated position charged with the monitoring, review and update of all areas relating to quality systems management. The QAM reports directly to the CEO on matters concerning potential changes to legislation concerning Company.