How do I find a trainer or assessor?
Top See the training and assessment area of our website for information on finding a trainer or assessor.
How do I find the requirements for working at heights?
Top Part 4.3, Division 6, clauses 56-61of the OHS Regulation 2001 is about working at heights.
The employer must ensure that all risks associated with falls from a height are controlled. To control risks, the employer must provide and maintain the following measures:
- stable and securely fenced work platform or, if this is not reasonably practicable
- secure perimeter screens, fencing, handrails or other physical barriers capable of preventing falls or, if this is not reasonably practicable
- other forms of physical restraint that are capable of arresting a fall from a height of more than two metres or, if this is not reasonably practicable
- provision of a safe means of movement between different levels at the place of work.
The Regulation discusses provision and maintenance of physical restraints that are capable of arresting the fall of a person from a height of more than two metres. But this is only if it is not reasonably practical to provide control measures such as scaffold, perimeter screens, fencing or handrails.
How do I find the workers compensation premium rates for 2011-2012?
Top
Insurance Premiums Order 2011-2012 at a glance
Each year the New South Wales Government approves the rates that the WorkCover Scheme will charge employers for workers compensation cover.
The Government has recently approved the rates for the 2011-2012 policy year and they have been published in the Insurance Premiums Order 2011-2012.
The Insurance Premiums Order includes important information on the WorkCover Industry Classification System, premium rates, dust diseases rates and the manner in which an employer’s workers compensation premium should be calculated by Scheme Agents for the relevant policy period.
The Insurance Premiums Order 2011-2012 applies to policies that commence or renew on or after 4pm on 30 June 2011.
Insurance Premiums Order (Retro-Paid Loss Premium Method) 2011-2012
Certain large employers are approved by WorkCover to have their premiums calculated using the Retro-Paid Loss Premium Method. Those employers’ premium calculations are subject to the Insurance Premiums Order (Retro-Paid Loss Premium Method), which operates in conjunction with the Insurance Premiums Order.
The Insurance Premiums Order (Retro-Paid Loss Premium Method) 2011-2012 applies to policies that commence or renew on or after 4pm on 30 June 2011.
No changes have been made to the formulas or adjustment rates used in the Retro-Paid Loss Premium Calculation Method.
Following is a summary of key components of the Insurance Premiums Order 2011-2012:
WorkCover Industry Classification Rates (WIC rates) for the 2011-2012 policy year are unchanged.
If you are a small employer, that is your basic tariff premium (payroll x WIC rate) is less than or equal to $10,000 or your annual wages are less than or equal to $300,000, your premium will remain unchanged except where your wages increase or decrease – or you move to a new industry classification.
As a small employer, you are not experience-rated, which means the cost of claims made against your policy are not included in your premium.
87% of Scheme employers are small employers.
If you are a medium or large employer, that is your basic tariff premium (payroll x WIC rate) is greater than $10,000 and your annual wages are greater than $300,000, your premium will be affected by your wages and claim costs.
Medium and large employers are experience-rated, which means the cost of claims made against your policy will be included in your premium calculation. The higher your basic tariff premium, the greater the impact your claim costs will have on your premium..
13% of Scheme employers are experience-rated.
If your premium is experience-rated, then it will also be affected by how your claims cost experience compares with other employers in the same industry sector.
If your claims cost experience is better than the benchmark for your industry sector, then that will be reflected in a reduction in your premium. If your experience is worse than the industry benchmark, then your premium will be higher – reflecting the greater demand being placed on the Scheme.
The benchmarks for each WorkCover Industry Classification are the Industry Claims Cost Rates and these have been gazetted for the 2011-2012 policy year.
A summary of the WorkCover Industry Classification Rates and Industry Claims Cost Rates as Gazetted in the Insurance Premiums Order 2010-2011 and the Insurance Premiums Order 2011-12 is available.
The definition of predecessor has been reworded to make its operation clearer and to better align with WorkCover’s policy intent of ensuring that the premium calculation of an employer who acquires the business of a former employer includes the cost of claims and wages history of that former employer.
The clarification means that the ‘predecessor rule’ applies not only where an employer ‘acquires’ the ‘business’ of the predecessor but where the employer ‘comes in to possession of the business’. In addition, the rule now states that it also applies where the employer, during a policy period, acquires the majority of the predecessor’s workforce.
These amendments are intended to help overcome ambiguities and uncertainties that have been experienced in the operational implementation of the rule.
The late payment prescribed rate is used for calculation of late payment fees applied to employers for late payment of premium. The rate is based on the interest rate calculation under section 22 (4) of the Taxation Administration Act 1996 for the period 1 April to 30 June each year using the February 90-day bank accepted bill rate published by the Reserve Bank plus the premium component.
The late payment prescribed rate for policy renewal year 2011/2012 is 1.018% per month, compounded monthly.
The Insurance Premiums Order prescribes the maximum excess amount recoverable from an employer who does not report injuries in a timely way. This amount is aligned to the maximum weekly compensation payment under section 35 of the Workers Compensation Act 1987.
Where an employer notifies WorkCover or the Scheme Agent within five days of becoming aware of the injury this excess is waived.
Where the excess is charged the cost of claims used in the premium calculation is reduced by the same amount, so that the employer is not effectively paying twice for the first week of the injured workers weekly compensation.
Where the excess is waived, the first week of the injured workers weekly compensation payments is deducted from the cost of claims, providing an incentive for timely reporting.
For policy renewal year 2011/2012 the maximum excess amount recoverable from an employer is $1,774.50 and the maximum cost of claim deduction amount is $1,774.50.
The extent to which motor vehicle allowances and accommodation allowances are excluded from wages is gazetted in the Insurance Premiums Order Schedule 1 clause 3. These allowances are aligned to the Income Tax Assessment Act 1997 (for motor vehicle allowance) and the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 (for accommodation).
The current rate for motor vehicle allowance remains the same as gazetted in the Insurance Premiums Order policy renewal year 2010/2011 being $0.75 per kilometre. The accommodation allowance moves from $223.80 in policy renewal year 2010/2011 to $227.35 in policy renewal year 2011/2012.
Dust diseases contribution rates
The rates at which the Dust Diseases Contributions are collected are determined each year by the independent Dust Diseases Board actuary, and are approved by the directors of the Dust Diseases Board.
Dust diseases contribution rates are specified in eight schedules and these rates have not changed for 2011-2012 although a number of industries have moved between schedules.
A summary of the Dust Diseases Contribution rates for 2011-2012 is in the Insurance Premiums Order 2011-2012.
Mine Safety Fund premium adjustment rate
The NSW WorkCover Scheme is required to provide a contribution to the Mine Safety Fund established under the Mine Safety (Cost Recovery) Act 2005 to the Department of Industry and Investment for its mine safety activities.
The WorkCover Scheme recovers the contribution from mining industry employers covered by the Scheme through an adjustment to their workers compensation premium. Employers classified in Division B (Mining) of the WorkCover Industry Classification System have the Mine Safety Fund premium adjustment applied to their premium calculation.
The Mine Safety Fund premium adjustment rate for policy renewal year 2011/2012 is 0.710% of wages covered under mining industry WICs.
Call 13 10 50 for more information about the
2011-2012 Insurance Premium Order.
How do I get advice for small business?
Top See the How we can help area of our website to find services available to small businesses.
How do I know if my workers are covered while working overseas?
Top As a worker’s ‘State of Connection’ applies to a particular contract or term of employment and this is a temporary arrangement, the workers’ ‘State of Connection’ remains as NSW. They would remain covered by the existing NSW policy.
However, you should check with the workers compensation Authorities in the overseas jurisdiction or your insurer/Scheme Agent to ensure that the insurance arrangements you have in place are appropriate. If you have not taken out a policy in accordance with the workers compensation law in that jurisdiction, you may face penalties for failing to comply with your insurance obligations in that jurisdiction.
How do I know if personal protective equipment (PPE) is adequate?
Top Designers, manufacturers or suppliers of PPE can give advice on the specifications and appropriate use of their products.
This is important because, for example, no one type of glove provides adequate protection against all chemicals. A respirator designed to be effective against medium air levels of a chemical may not be effective against high levels of the same chemical (or low levels of another chemical).
It may also be helpful to consult relevant Australian Standards.
How do I know if the cost of construction work exceeds $250,000?
Top The cost of work can be determined in a number of ways:
- based on the cost of work as assessed for the purposes of approval fees under the Environmental Planning Act 1979 or, if this is not done,
- the contract price for carrying out the work or, if there is no contract price,
- the value of the work carried out.
See clause 211 of the OHS Regulation 2001.
How do I know if the owner can be a principal contractor?
Top There is nothing in the OHS Regulation 2001 to stop the owner from appointing themself as the principal contactor. See clause 210(5).
How do I know if we need an OHS committee or OHS representative?
Top Under the OHS Act 2000 all employers have a duty to consult with their workers. Chapter 3 of the OHS Regulation 2001 outlines specific provisions with regard to OHS consultation.
Briefly, the three forms of OHS consultation are:
- establishment of an OHS committee
- election of an OHS representative or representatives
- establishment of other agreed consultation arrangements.
If an employer has twenty or more workers and a majority of the workers request an OHS committee, or WorkCover so directs, an OHS committee must be established.
An OHS representative must also be elected if at least one of the workers so requests, or WorkCover directs.
Other consultative arrangements require agreement between the employer and the worker. (Section 17, OHS Act 2000).
For more information, see consultation and committees and the Code of Practice: OHS Consultation.
How do I know my duty of care obligations if employees are working very long hours or shift work?
Top The issue of long hours or shift work for duty of care is whether or not employees or other people in the workplace are at risk of injuring themselves or others at the workplace.
An employer may be in breach of his or her Section 8 of the Occupational Health and Safety Act 2000 obligation to ensure the health, safety and welfare of all employees if this is the case. An employer, under this general duty, must ensure that the systems of work and the working environment of the employees are safe and without risks to health.
For example, if employees operate machinery through long hours, this may lead to fatigue which could increase the probability of an accident occurring. To meet their duty of care, employers should identify the risks which long hours or shift work may raise and implement control strategies to remove or minimise the risks.
This may involve such options as:
- restricting overtime;
- rotating staff; or
- introducing rest periods.
(Although not directly related to duty of care, it is recommended that the Office of Industrial Relations be consulted to ensure the hours worked are within the provisions of the employee’s Award).
How do I know the implications if an employee is working late at night or on their own?
Top As with all general duty of care issues there is no clear cut answer. A common sense approach is required. For example, if a person is working alone late at night, establish what systems are in place to protect the worker - eg duress alarms, video cameras, access to a phone.
The employer has the obligation to identify foreseeable hazards and do something about them. Additionally the employer is required to undertake a risk assessment that ensures that the hazard is identified, assessed and controlled.
Address the question, what is the potential for harm?
For example, a person working late at the office may need a phone to be available to address the identified risk and by providing a phone the employer may be meeting his/her obligations. Whereas the identified risk for a person working in a convenience store may need the provision of a comprehensive security system before the employer can meet their obligations.
The point to note is that an employer must ensure that the systems of work and the working environment of the employees are safe and without risks to health (Section 8 of the Occupational Health and Safety Act 2000).
How do I know the Six Step Approach to duty of care?
Top A six step approach has been devised to assist with the implementation of an OHS system. This plan can help you prevent accidents, incidents, injuries and work related ill health.
The six steps are:
- develop appropriate OHS policies and programs;
- set up a mechanism to consult about OHS matters with employees;
- establish a training strategy;
- establish a hazard identification and workplace assessment process;
- develop and implement risk control strategies, and
- promote, maintain and improve these strategies.
These steps are not necessarily in order, because all workplaces are different.
How do I know the specific requirements for construction work?
Top Chapter 8 of the OHS Regulation 2001 deals with many specific construction requirements including:
- OHS induction training for construction work
- excavation work
- demolition work
- asbestos
- diving
- form work
- site security
- compressed air
- laser work
- control of risks during construction work.
However, there are other chapters in the Regulation that relate to all workplaces (including construction sites).
Many requirements relating to construction are relevant to other workplaces as well and are included in other chapters of the Occupational Health and Safety Regulation 2001.
For example, part 4.3 Division 6 of the Regulation covers:
- working at heights
- scaffolding
- access
- confined spaces.
Chapter 2 of the Regulation covers:
- risk management
- emergencies
- amenities
- first aid.
Chapter 3 of the Regulation covers consultation
Chapter 4 covers work premises and working environment
Chapter 5 covers plant requirments
Chapters 6-7 of the regulation deal with hazardous substances and processes
Chapters 9 and 10 of the Regulation covers:
- certificates of competency
- licensing.
How do I know what is a serious incident?
Top The Occupational Health and Safety Regulation 2001 lists serious incidents under clause 344.
Serious incidents include the following incidents occurring at, or in relation to, a place of work:
- that resulted in a person being killed
- an injury that results in the amputation of a limb
- the placing of a person on a life-support system
- any event or circumstance listed below that presents an immediate threat to life:
- the loss of consciousness of a person caused by impact of physical force, exposure to hazardous substances, electric shock or lack of oxygen
- major damage to any plant, equipment, building or structure
- an uncontrolled explosion or fire
- an uncontrolled escape of gas, dangerous goods or steam
- imminent risk of explosion or fire
- imminent risk of an escape of gas, dangerous goods or steam
- a spill or incident resulting in exposure or potential exposure of a person to a notifiable or prohibited carcinogenic substance (as defined in Part 6.3 of the Occupational Health and Safety Regulation 2001)
- entrapment of a person in a confined space
- collapse of an excavation
- entrapment of a person in machinery
- serious burns to a person.
Important
Non-disturbance provisions apply to the scene of a serious incident. Refer to section 87 of the Occupational Health and Safety Act 2000.
Note: Prior to 1 September 2003, serious incidents were referred to as non-disturbance occurrences.
For more information, see:
- What are non disturbance provisions?
- Clause 344 of the Occupational Health and Safety Regulation 2001
- Section 87 of the Occupational Health and Safety Act 2000
How do I know what is the current work health and safety legislation?
Top New work health and safety (WHS) laws replaced the occupational health and safety (OHS) laws in NSW on 1 January 2012.
The Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 are now in place.
Transitional arrangements have been put into place in NSW to support businesses, industry and workers to move to the new system of work health and safety (WHS) laws. These arrangements started on 1 January 2012.
How do I know what sort of OHS construction management plan is required?
Top Any type of reasonable plan that is site specific, appropriate for the scope of the work and follows the basic principles of identification, assessment, control and review.
Clause 226(3) of the OHS Regulation 2001 states that the plan must include:
- statement of responsibilities listing names, positions and responsibilities of all persons who will have specific OHS responsibilities on the site
- details of arrangements for ensuring compliance with OHS induction training
- details of arrangements for managing OHS incidents
- any site safety rules and details for ensuring all persons at the place of work are informed of the rules
- safe work method statements for all work activities assessed as having risk.
How do I know what the principal contractor does?
Top A principal contractor is responsible for the construction work at all times until the work is completed. Under the OHS Regulation 2001 the principal contractor must:
- ensure OHS induction training is undertaken (clause 213)
- prepare, maintain, update and make available OHS management plans (clause 226)
- ensure that each subcontractor provides written safe work method statements before commencing work (clause 227)
- direct and monitor compliance with the safe work method statements and legislation and take action to comply (clause 227)
- keep a register of, and other records in relation to, all hazardous and other substances on site (clause 228).
See clauses 212, 213, 216, 217, 218, 219, 220 and 223 for more information.
How do I know what to include as wages on the Wages Declaration Form for the premium assessment?
Top WorkCover has published a guideline to assist employers and their accountants in determining what are assessable wages for wages declaration forms.
Download the Wages definition manual or order a hard copy through WorkCover's Publications Hotline on 1300 799 003.
How do I know when I need to appoint a principal contractor?
Top The owner of a place of work must appoint a principal contractor for construction work carried out by or on behalf of the owner. The owner must give the principal contractor sufficient authority, as necessary, to discharge their responsibilities under the Occupational Health and Safety Regulation 2001.
This must be done:
- when construction work is undertaken and the cost of the work exceeds $250,000
- where demolition work or asbestos removal work that requires a licence is required (regardless of the cost of the work)
- where high risk construction work is undertaken (regardless of the cost of the work). Licensed work includes:
- demolition work
- restricted demolition work
- friable asbestos removal work
- bonded asbestos work.
(See clause 317 of the Occupational Health and Safety Regulation 2001 for more information about licensed work, as there are some exemptions to asbestos related work).
High risk construction work includes construction work that:
- involves structural alterations that require temporary supports
- is at a height above three metres
- involves excavation to a depth of more than 1.5 metres
- is demolition work for which a licence is not required under Chapter 10
- is in tunnels
- involves the use of explosives
- is near traffic or mobile plant
- is in or around gas or electrical installations
- is over or adjacent to water where there is a risk of drowning.
See clause 209 of the Occupational Health and Safety Regulation 2001 for more information about high risk construction work.
How do I know which construction sites need an OHS management plan?
Top An OHS management plan is required when:
- construction work is undertaken and the cost of the work exceeds $250,000 (clause 226 of the Occupational Health and Safety Regulation 2001)
- demolition work or asbestos removal work (for which a licence is required) is undertaken regardless of the cost of the work (clause 317of the Occupational Health and Safety Regulation 2001 outlines definitions of licensed work).
How do I know which construction workers need OHS induction training?
Top The same provisions for OHS induction training apply as in the past. These are outlined in Part 8.2 clauses 212-220 of the Occupational Health and Safety Regulation 2001.
Further information on the Construction Induction Certificate in NSW and the Construction induction course is available.
How do I know which forklifts which do not require a licence ?
Top Although a Certificate of Competency is not required for pedestrian operated forklifts, employers have a general duty of care to their employees under Section 8 of the Occupational Health and Safety Act 2000.
An employer must provide such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work. Under this general duty an employer must also ensure that there are safe systems of work in place.
How do I know which insurers issue NSW workers compensation insurance policies?
Top Scheme Agents or insurers issue and administer policies on behalf of WorkCover. There are seven Scheme Agents or insurers who calculate the premium by a formula determined by WorkCover. The particular industry classification attracts the same rate regardless of the Scheme Agent or insurers.
The Scheme Agents or insurers are:
Allianz Australia Workers' Compensation (NSW) Ltd
www.allianz.com.au
1300 130 664
Xchanging Integrated Services Australia Pty Ltd (trading as 'Xchanging')
www.xchanging.com.au
1800 803 905
1800 220 352 (fax)
02 8667 9700
CGU Workers Compensation (NSW) Ltd
www.cgu.com.au
02 9088 9000
1300 666 506
02 9088 9000
Employers' Mutual Indemnity (Workers Compensation) Ltd
www.emia.com.au
1800 469 931
02 9229 7900
Gallagher Bassett Services Workers Compensation (NSW) Pty Ltd
www.gallagherbassett.com.au
1800 007 033
02 8255 8500
GIO Workers Compensation (NSW) Ltd
www.gio.com.au
13 10 10
QBE Workers Compensation (NSW) Ltd
www.qbe.com.au
1800 112 472
02 9375 4444
How do I know who can make an incident notification?
Top A notification to the workers compensation insurer can be made by the employer or their representative, a worker or their representative.
A notification to WorkCover can be made by the employer, employer nominee, or person in control of the workplace where the incident happened.
For more information, see reporting an incident or injury or call 13 10 50.
How do I know who develops the OHS construction management plan?
Top The principal contractor must ensure that an OHS management plan is prepared for each site where the value of the work exceeds $250,000 before construction commences.
The plan must be maintained and kept up-to-date during the course of the work.
Clause 226 of the Occupational Health and Safety Regulation 2001 (Regulation) contains details on the content of the safety management plan. There is also an obligation outlined in chapter 2 (clauses 9-16) of the Regulation for all employers to undertake risk management.
Top A contractor is more likely to:
- be engaged to carry out a particular task using his or her own skill and judgement;
- employ others, delegate or sub-let work to another;
- be paid on the basis of a quotation for the job;
- supply his or her own tools and materials;
- carry on an independent business in his or her own name or under a business or firm name;
- be affected by PAYG tax arrangements.
An employee is more likely to:
- be subject to direction from the employer as to the work to be performed and the time and manner in which it is performed;
- be required to actually carry out the work;
- be paid on a time basis;
- have tools and materials supplied by the employer;
- work exclusively for a single employer
For more information see our
Worker or contractor site.
How do I meet my duty of care obligations to my employees?
Top Be familiar with your general duty of care obligations under Section 8 of the Occupational Health and Safety 2000 Act.
The most effective form of occupational health and safety (OHS) management is when health and safety is integrated in an organisation’s corporate planning and implementation strategies.
A helpful guide is the WorkCover publication Due diligence at work a checklist for action on workplace health and safety for company directors and managers.
A lack of commitment to health and safety will result in OHS remaining an additional workplace activity which is insufficiently funded.
A six step approach has been devised to assist with the implementation of an OHS system. This plan can help you prevent accidents, incidents, injuries and work related ill health.
The six steps are:
- develop appropriate OHS policies and programs;
- set up a mechanism to consult about OHS matters with employees;
- establish a training strategy;
- establish a hazard identification and workplace assessment process;
- develop and implement risk control strategies; and
- promote, maintain and improve these strategies.
These steps are not necessarily in order, because all workplaces are different.
How do I use my plant operators licence (eg forklift) in other states?
Top If your licence is a nationally uniform certificate of competency issued by WorkCover NSW, it is automatically recognised throughout Australia.
Also, nationally uniform certificates issued by another state allow the holder to work in NSW.
Although some states and territories do not issue certicates for the operation of all classes of loadshifting equipment, certificates issued in NSW on a national card are recognised as evidence of a person's competency in the area.
A person from a state or territory that does not issue certificates for loadshifting equipment must obtain a certificate of competency in NSW by undertaking an assessment with an accredited assessor.