INFORMATION, TRAINING, INSTRUCTION AND SUPERVISION
- CHANGES TO THE TRAINING REQUIREMENTS under HSWA from 01/06/2018
The Health and Safety at Work (Hazardous Substances) Regulations 2017 changes
- Staff Training requirements - * AH - Approved Handlers no longer exist (apart from a few substances) BUT any Approved Handler certificates you have that are current are still valid for the lifetime of the certificate issued.
One Approved Handler for a site is no longer considered sufficient for compliance.
a PCBU must ensure that EVERY WORKER who uses, handles, manufactures, or stores a hazardous substance (including hazardous waste) is, before the worker is allowed to carry out or supervise work involving those substances, is provided with information, training and instruction AS PER REGULATION 4.5 AND 4.6 which are documented further down this page. Please familiarise yourself with this requirement NOW.
NEW TRAINING REQUIREMENTS IN FORCE 1/6/2018
HSWA requirements for Information, Staff Training and Instruction: in effect 1 June 2018
This means a single Approved Handler is no longer a suitable solution to training and competency. Any current Approved Handlers you have carry through to their expiry date BUT for the named person only.
Make sure you have documented
- all your staff,
- all their training with dates and
- what was covered in the training
- It should be signed and dated by the staff member,
- It should be signed and dated by the PCBU
- and there should be a PCBU declaration stating that they believe the staff member either is
- adequately trained to manage hazardous substances OR
- the specific staff member is not involved with handling hazardous substances.
If you do this proactively it will expedite the renewal of your Location Compliance Certificate as this is probably the biggest single change that will affect sites which previously required Approved Handlers.
Some solutions might be
1. Read the guidance provided by Worksafe (link below - click will autodownload)
Information, training and instruction for workers handling hazardous substances - it has a checklist to assist you at the back
2. Sample Staff traiing record
sample
3. Want something more substantial - Set up a training matrix - link to sample below
nz_dol_sample_1_training_matrix_template.xlsx - which lists all your staff and all the training options you have and put dates in the corresponding cells to document the training they have been provided and the schedule for future training. Attached is a sample you can choose to amend if you don't already have something similar.
REGULATION 4.5 and 4.6
4.5 Duty of PCBU to provide information, training, and instruction
(1) In addition to complying with regulation 9 of the Health and Safety at Work(General Risk and Workplace Management) Regulations 2016, a PCBU must ensure that every worker who uses, handles, manufactures, or stores a hazardous substance (including hazardous waste) is, before the worker is allowed to carry out or supervise work involving those substances, provided with--
(a) the information referred to in subclause (2); and
(b) the training and instruction referred to in subclause (3).
(2) The information is--
(a) any operations in the worker’s work area where hazardous substances are present; and
(b) the location and availability of known reference material on the hazards, safe handling, and storage of the hazardous substances found in the workplace, including (without limitation) safety data sheets.
(3) The training and instruction must include--
(a) training and instruction in the following:
(i) the physico-chemical and health hazards associated with the hazardous substances the worker uses at work:
(ii) the procedures (if applicable) for the safe use, handling, manufacture, storage, and disposal of the hazardous substances:
(iii) practice in the safe use of plant (including personal protective equipment) necessary to manage the hazardous substances:
(iiia) the worker’s obligations under these regulations:
(iv) the actions that the worker should take in an emergency involving the hazardous substances; and
(b) an appropriate period of practical experience of the matters described in paragraph (a), under direct supervision in the workplace.
(4) The information provided under subclause (2) and the training and instruction provided under subclause (3) may cover specific hazardous substances or groups of hazardous substances with the same hazardous properties.
(5) A PCBU must--
(a) keep a record of training and instruction provided under this regulation for each worker; and
(b) ensure the record is available for inspection by an inspector or compliance certifier.
(6) A PCBU who can demonstrate, by documentation or certification, that a worker’s previous experience or training (or both) has resulted in training equivalent to that described in subclause (3) is not required to provide training and instruction in accordance with subclause (3) unless the PCBU considers refresher training to be necessary.
(7) Despite subclause (6), a worker with equivalent training who is new to the workplace must receive site-specific induction and have appropriate supervised experience at the new workplace.
(8) A PCBU who contravenes subclause (1) commits an offence and is liable on conviction,--
(a) for an individual, to a fine not exceeding $10,000:
(b) for any other person, to a fine not exceeding $50,000.
(9) A PCBU who contravenes subclause (5) commits an offence and is liable on conviction,--
(a) for an individual, to a fine not exceeding $2,000:
(b) for any other person, to a fine not exceeding $10,000.
4.6 Duty of PCBU to provide supervision
(1) Without limiting regulation 9 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, a PCBU must provide a worker at the workplace with the supervision that is necessary to protect the worker from risks to his or her health and safety arising from the worker’s work, if the worker--
(a) uses, handles, manufactures, or stores hazardous substances at the workplace; or
(b) operates, tests, maintains, repairs, or decommissions plant used in the use, handling, manufacture, or storage of hazardous substances at the workplace; or
(c) is likely to be exposed to hazardous substances at the workplace.
(2) The PCBU must ensure that the supervision provided under subclause (1) is suitable and adequate having regard to--
(a) the nature of the risks associated with the hazardous substance; and
(b) the knowledge and experience of the worker.
(3) A PCBU who contravenes this regulation commits an offence and is liable on conviction,--
(a) for an individual, to a fine not exceeding $6,000:
(b) for any other person, to a fine not exceeding $30,000.