Can my employer force me to lift something that is too heavy for me?- Top
Employers in NSW must comply with the requirements of the OHS Act 2000 and the OHS Regulation 2001.
In NSW, employers:
- must ensure the health safety and welfare of their workers
- have a duty to consult with workers over OHS issues
- must undertake hazard identification, risk assessment and control, in consultation with those workers who are required to carry out the manual handling tasks. This a legal requirement.
The National Code of Practice: Manual Handling provides practical advice in meeting the requirements of the National Standard for Manual Handling in relation to the identification, assessment and control of risks arising from manual handling in the workplace.
If consultation has not taken place or has not resulted in safe manual handling procedures then, practically speaking, the worker can:
- talk directly to management or a supervisor about the problem;
- bring the problem to the attention of the OHS committee (if existing);
- contact the industrial union (if a member)
- if all else fails, contact the local WorkCover office.
Is there a code of practice for manual handling in NSW?- Top
The National Code of Practice: Manual Handling provides practical advice in meeting the requirements of the National Standard for Manual Handling in relation to the identification, assessment and control of risks arising from manual handling in the workplace.
The National Standard for Manual Handling [NOHSC:1001 (1990)] and the National Code of Practice: Manual Handling [NOHSC:2005 (1990)] are guidance materials and are published by the National Occupational Health and Safety Commission.
These documents are available from the National Occupational Health and Safety Commission or the Commonwealth Government Bookshop.
What are an employer’s obligations in relation to manual handling under the Occupational Health and Safety Regulation 2001?- Top
Part 4.4 clauses 79-81 of the OHS Regulation 2001 deal with manual handling.
Employers must:
- identify any foreseeable hazards arising from manual handling (including the potential for occupational overuse injuries);
- assess risks from hazards that are identified;
- eliminate any risks or, if not reasonably practical to eliminate the risk, design the work activity involving manual handling to control the risk and, if necessary, modify the design, provide mechanical aids for team lifting and ensure correct use of aids and training in manual handling techniques (clause 80(2)).
When assessing risks, employers must:
- evaluate the significance of the hazard
- review relevant and available health and safety information (as listed);
- identify factors contributing to the risk
- identify actions necessary to eliminate or control the risk
- identify records that are necessary to be kept.
Employers must also review a risk assessment whenever:
- there is evidence that the risk assessment is no longer valid;
- injury or illness results from exposure to a hazard to which the assessment relates
- a significant change is proposed in the work or work practices to which assessment relates.
When eliminating and/or controlling risks, employers must:
- ensure that all measures that are adopted to eliminate or control risks to health and safety are properly used and maintained.
Chapter 2 of the regulation also specifies employer obligations in relation to the provision of:
- instruction, training and information
- supervision
- personal protective equipment.
Employers must also obtain information necessary for them to fulfil their responsibilities under the Regulation.
Chapter 4 of the OHS Regulation 2001 relates to the employer's obligation to eliminate and control risks arising from the manual handling of loads.
In eliminating risks, employers must ensure that:
- all objects are, where appropriate and as far as reasonably practicable, designed, constructed and maintained so as to eliminate risks arising from manual handling;
- work practices are designed so as to eliminate risks arising from manual handling;
- the work environment is designed to be, as far as reasonably practicable, and to the extent that is within the employer's control, consistent with the safe handling of loads.
In controlling risks, employers must:
- modify the design of the objects to be handled or modify the work environment taking into account work design and work practices;
- provide mechanical aids, or make arrangements for team lifting, or both;
- ensure that persons carrying out the activity are trained in manual handling techniques, correct use of mechanical aids and team lifting procedures appropriate to the activity (clause 80(2).
What are the present weight limits for lifting?- Top
There is no longer a prescribed maximum weight limit for lifting for either men or women.
The weight of the load needs to be considered in relation to a number of other risk factors such as the:
- actions and movements
- working posture and position when lifting
- duration and frequency of manual handling
- location of loads and the distances moved
- characteristics of the load.
Light loads can still be a problem if for example they are lifted incorrectly or if light loads are lifted in an environment that is unsafe.
The National Code of Practice: Manual Handling indicates that the risk of injury increases when:
- lifting weights of more than 4.5 kg while seated
- lifting weights above the range of 16-20 kg. (weights over 55 kg should not be lifted without mechanical assistance or team lifting;
- pushing, pulling and sliding objects that are difficult to move.
Young workers under the age of 18 years should not be required to lift, lower or carry more than 16 kg without mechanical or other assistance and/or particular training for the task.
What is the current legislation on lifting/manual handling?- Top
The current legislation relating to manual handling is contained in the OHS Regulation 2001.
Chapter 2 imposes obligations on the employer to:
- identify (existing and foreseeable) hazards that may arise from the conduct of the employer's undertaking;
- assess the risks associated with those hazards
- eliminate or control those risks.
These obligations extend to manual handling.
Chapter 4 imposes obligations on the employer to eliminate and control risks in relation to the manual handling of loads. The factors that the employer must take into account when assessing risks in relation to the manual handling of loads are also specified.
There is also guidance material available.
The National Standard for Manual Handling [NOHSC:1001 (1990)] and the National Code of Practice: Manual Handling [NOHSC:2005 (1990)] are published by the National Occupational Health and Safety Commission (NOHSC). These documents are available from NOHSC or the Commonwealth Government Bookshop.
The National Standard aims to prevent the occurrence of injury and/or reduce the severity of injuries resulting from manual handling tasks in workplaces [section 2.1(a)].
The National Code of Practice: Manual Handling provides practical advice in meeting the requirements of the National Standard for Manual Handling in relation to the identification, assessment and control of risks arising from manual handling in the workplace.
What training should be provided to workers and management regarding manual handling?- Top
Training should not be seen as a risk control strategy on its own - it supports other control strategies. However, training is essential if manual handling risks cannot be eliminated.
Under the OHS Regulation 2001, an employer must ensure that each new worker receives induction training that covers the following:
- arrangements for managing OHS, including reporting hazards to management;
- workplace health and safety procedures relevant to the worker, including the use and maintenance of risk control measures;
- how workers can access health and safety information that the employer is required to make available.
Employers must ensure that any person who may be exposed to a risk to health and safety:
- is informed of the risk
- is provided with any information, instruction and training necessary to ensure the person's health and safety.
The information, instruction and training (and the timing of that training) must also be commensurate with the risk to health and safety concerned.
The National Standard for Manual Handling [NOHSC:1001 (1990)] and the National Code of Practice: Manual Handling [NOHSC:2005 (1990)] are guidance materials and are published by the National Occupational Health and Safety Commission (NOHSC). These documents are available from NOHSC or the Commonwealth Government Bookshop.
There are also two types of training mentioned in the National Code of Practice: Manual Handling - general training and particular training.