Heatlh and Safety at Work Act 2015 - Regulations for Training

Training; a Key Responsibility for All Organisations under HSWA

There are a number of new regulations available for the new Health and Safety at Work Act 2015.  The new regulation General Risk and Workplace Management is the regulation governing the workplace. Section 9 of this Regulation addresses the responsibility of PCBU's and Duty Holders related to training.  These responsibilities are significant.  

The new Regulation requires that staff have experience and are trained appropriately for the tasks they are undertaking.  If supervised that must be under direct supervision at all times, and they are supervised by people with experience and knowledge The Regulations require training that is fit for purpose whether using an external provider or training that is done internally.  This also includes the provision of information and instruction.

Training staff for task

The new regulations shift the responsibility to the PCBU and other Duty Holders to ensure that adequate training is taking place in all areas.  There is a requriement that all staff and supervisors are knowledgeable and experienced to perform the tasks required. 

Training is not all about making sure that your team are unit standard trained, but this is a great place to start. Overtime, once people are trained, they may look for short cuts and efficiencies in their day to day operations, sometimes passing these "bad habits" on when training the next employee.  Shortcuts and bad habits can creep into an operation and put your organisation and from April 4th, you personally at risk (see the fines listed in section 9 below). Here are a number of ideas that can assist with compliance.

  • Do you have an active record of the training undertaken by staff - is it up to date and refreshers completed?
  • This is a great time to review your training requirements both internally and with external providers and if you don't have one, set up a training matrix.
  • Do you have an internal training programme in place for new staff and an internal refresher programme in place for exisiting staff.

Provision of Information and Instruction

This requirement has a number of implications for an organisaiton.  From the standard operating procedures and their adherence through to the communication and internal training taking place. For example, if there is a change in the Code of Practice or a recommendation, this needs to be advised to staff and changes enabled.  There are a number of areas that you can review to ensure that the provision of information and instruction is reducing risk.

  1. Review your current SOP's related to tasks - are they relevant?
  2. Observations - Are all of your teams adhering to the SOP's  - have any risky short cuts crept in?
  3. What is your process for sharing new and updated information and instruction to your teams?
  4. Revise  - Are supervisors providing adequate support and instruction for new and existing team members - is this based on SOP's

If you identify these areas as a potential risk, you might like to consider the following:

  • Developing training skills for supervisors, managers and anyone else training in areas of risk - A Train the Trainer Course could assist with developing this skill in house.
  • Independent Observation - It can be beneficial to have a 3rd party observer that may highlight internal risks, practices and areas that require attention.

How AMS Group Can Assist

AMS Group is able to provide a number of services that may assist compliance with Section 9. You may also like to speak with one of the team to find out more information on how we can assist.

  • Unit standard based training for high risk areas - please check the course schedule
  • Observations of operation to industry code of practice for machinery and related tasks including Cranes, EWP and Forklift
  • Coaching and Assessment against unit standards for experienced operators
  • Industry expert training for inexperienced staff
  • Refresher training for staff that have been operating for some time
  • Contextualised training from your organisations' SOP's and for your environment - training onsite with your machinery
  • Train the trainer and other adult training qualifications and options are available from EDBIZ, a division of AMS Group for upskilling of supervisors and managers

If you would like to know more about the options available please contact us and if you would like to enquire about onsite training for your team  - send us a note

Copy of Section 9

A full copy of the Regulation is available from MOBIE or Download a PDF.  

Below is a copy of Section 9 related to training.  Other regulations are also available for review on the MBIE website

Duty to provide information, supervision, training, and instruction

1. A PCBU must ensure, so far as is reasonably practicable, that every worker who carries out work of any kind, uses plant of any kind, or deals with a substance of any kind that is capable of causing a risk in a workplace—

(a) either—
(i) has adequate knowledge and experience of similar places, and work, plant, or substances of that kind, to ensure that the worker carrying out the work, using the plant, or dealing with the substance is not likely to adversely affect the health and safety or cause harm to the worker or any other person; or
(ii) is adequately supervised by a person who has that knowledge and experience; and
(b) is adequately trained in the safe use of—
(i) all plant, objects, substances, or equipment that the worker is or may be required to use or handle; and
(ii) all personal protective equipment that the worker is or may be required to wear or use.

2. In complying with subclause (1), the PCBU must ensure that the supervision and training provided to a worker are suitable and adequate, having regard to—

(a) the nature of the work carried out by the worker; and
(b) the nature of the risks associated with the work at the time the supervision or training is provided; and
(c) the control measures implemented in relation to the work that the worker is undertaking.

3.  The PCBU must ensure, so far as is reasonably practicable, that the training is readily understandable by any person to whom it is provided.
4.  In this regulation, training includes the provision of information or instruction.
5.  A PCBU who contravenes this regulation 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.

Please note that the current Health and Safety in Employment Act 1992 will remain in place until the Health and Safety at Work Act 2015 comes into effect on April 4th, 2016.

Useful Links

Link to the Regulation: General Risk and Workplace Management

Overview of all Regulations available

Regulation update from MBIE

Please Note: A PCBU is defined as "a person conduuting business or undertaking". For a full list of definitions under HSWA use this link.