Planning on building new business premises or adding an extension to your current workplace?  Don’t forget your health and safety obligations.

 

Whether it’s a new office fit-out or creating extra space with an extension, if you are the person conducting a business or undertaking (PCBU), you are responsible for managing the risks to health and safety in all stages of the build. Yes, this means from project conception, design and construction, right up to decommissioning and demolition of the site.

 

It’s easier, and can be more cost effective, to carefully consider the health and safety risks during the planning and design phase. Otherwise, you may have to make changes later in the project when a risk becomes evident, possibly through an incident or injury.

 

Contractors who are engaged to complete the construction work will also need to consider risks to health and safety for the life of the project, and not just during the construction and commissioning phases.

 

When commissioning the construction of a commercial building, it’s also a requirement of Workplace Health and Safety (WHS) Regulations to work with the designer to identify potential health and safety risks. The objective is to identify risks that relate to the design which may occur during construction, and then seek to eliminate or minimise them.

 

The designer should also be made aware of any information relating to the site of the proposed commercial building that may create health and safety risks.  If the design requires any modifications, the designer should complete these changes. If you decide to make these modifications yourself, then you become responsible for the design duties by law.

 

When to engage a principal contractor

 

The cost of an extension or new build also determines your workplace health and safety duties. For example, there is a requirement to appoint a principal contractor for a construction project that costs $250,000 or more. This kind of construction work is deemed as high risk.

 

If you don’t appoint a principal contractor then you are responsible for the specific duties that a principal contractor must undertake. This means you must:

 

• display signs visible to outsiders that highlight your name, 24-hour phone numbers and location of the site office.
• prepare a work health and safety management plan before work commences, which includes:
  • the names, positions, and specific responsibilities of those with health and safety responsibilities
  • the arrangements for consultation, cooperation, and coordination of activities that you have with others who have work health and safety responsibilities at the site the arrangements in place should a health and safety incident arise
  • site-specific health and safety rules
  • the arrangements to ensure that everyone at the workplace is informed of those rules
  • the arrangements for the collection, assessment, monitoring and review of safe work method statements (SWMSs).

 

It pays to ask

 

There are likely to be significant benefits, in terms of avoiding a workplace injury, or having to spend large amounts of money to implement new controls or modify a design, if you ask the designers and builders the right questions very early on in the process. It’s also beneficial to have robust contractor management processes in place, such as contractor selection, evaluation, onboarding, management and evaluation.

 

So, if you are planning to extend or build a new commercial facility, careful consideration needs to be given to the legislative health and safety impacts of these works very early on to avoid costly re-work and, crucially, accident or injury.

 

For more advice and support on how to meet your legislative requirements and your specific workplace health and safety objectives, you can Contact Us.

Recent articles and research have drawn attention to the potentially significant issue of the ‘Great Resignation’ and related burnout, and how conditions such as burnout are now starting to impact people, families, and business owners worldwide.

 

The term ‘Great Resignation’ was first coined by Anthony Klotz, an organisational psychologist and professor at Texas A&M University. Klotz used the term to describe the wave of people quitting their jobs due to the ongoing COVID-19 pandemic, which led many to re-think where, how and why we work (2022:CNBC.com).

 

Whilst Klotz was referring to the trend in the United States, PricewaterhouseCoopers (PwC) also explored the potential of a Great Resignation in Australia and found that:

 

• Six in 10 people who have left an organisation in the past year are looking to leave their current employer in the next 12 months
• Australian employees rank pay and wellbeing as the top drivers attracting them to work for organisations
• Almost half of Australian employers have no intention of updating their employee value proposition to attract talent
• 85% of workers experienced mental health challenges during the pandemic and more than one-third consider their employer the main source of mental health support
• A quarter of workers said the reasons they join an organisation and the reasons they stay are not always the same

 

The Australian Broadcasting Corporation (ABC) also wrote about the issue of the ‘Great Resignation’ in September 2021, highlighting the true numbers will only be realised once the pandemic has passed. The article (here) asks its readers:

 

“Has the pandemic made you rethink your career or deeply question the role of work in your life? If so, you’re not alone.”

 

What does burnout mean for safety professionals?

 

Many safety professionals who are experiencing deep career fatigue are leaving behind a profession they are passionate about. Reasons include increasing expectations and pressures on their role, and the looming threat of direct legal accountability.

 

Employees across all levels of a business can experience burnout, from the shop floor to the C-Suite.  It is a condition that can diminish every aspect of working life. Forbes Magazine explains:

 

“Left unchecked, burnout can wreak havoc on your health, happiness, relationships, and job performance.”

 

And as we know, you can’t have a workplace injury and not take it home.

 

US-based safety professional, Rosa Carrillo, has explored and written of the impact of burnout on safety professionals (here), and the fallout of a Great Resignation. Reading her posts, you can’t help but consider the following:

 

• What is burnout and how does it compare to wellbeing?
• Why is it happening?
• Is it just Covid-19?

 

What is burnout and how does it compare to wellbeing?

 

Burnout is defined by the World Health Organisation (WHO) as:

 

A syndrome conceptualised as resulting from chronic workplace stress that has not been successfully managed. It is characterised by three dimensions:

1. Feelings of energy depletion or exhaustion;
2. Increased mental distance from one’s job, or feelings of negativism or cynicism related to one’s job; and
3. Reduced professional efficacy.

 

Burn-out refers specifically to phenomena in the occupational context and should not be applied to describe experiences in other areas of life.

 

On the flip side, wellbeing in the workplace is defined by the International Labour Organisation as:

 

“Workplace Wellbeing relates to all aspects of working life, from the quality and safety of the physical environment, to how workers feel about their work, their working environment, the climate at work and work organization. The aim of measures for workplace well-being is to complement OSH measures to make sure workers are safe, healthy, satisfied and engaged at work.”

 

The impact and effects of workplace burnout and workplace wellbeing are not mutually exclusive.

 

Why is it happening? Is it just COVID-19?

 

At this stage of the pandemic, we are coming to the realisation that we have allowed our work and working lives to occupy too much of our sense of self. A tipping point was inevitable, which for many, has been life experiences during the pandemic.

 

To move forward we must consider the key indicators of workplace burnout and how to recognise  burnout in yourself and in others (especially as an employer with people under your care).

 

In this 2013 Forbes Magazine article the top three indicators for burnout were:

1. Exhaustion: A clear sign of burnout is when you feel tired all the time. Exhaustion can be emotional, mental or physical. It is the sense of not having any energy, of being completely spent.

2. Lack of motivation: When you don’t feel enthusiastic about anything anymore or you no longer have that internal motivation for your work, there’s a good chance you’re experiencing burnout. Other ways this manifests? It may be harder to get going in the morning and more difficult to drag yourself into work every day.

3. Frustration, cynicism and other negative emotions: You may feel like what you’re doing doesn’t matter that much anymore, or you may be disillusioned with everything. You might notice that you feel more generally pessimistic than you used to. While everybody experiences some negative emotions from time to time, it’s important to know when these are becoming unusual for you.[1]

 

What to do if you recognise burnout

 

If you recognise any of these signs in yourself, or those around you, there are a few key things you can do. Step back, take a deep breath, take some personal quality time, and ask serious questions about the role work is playing in your life.

 

As a leader, or a business owner, step forward and have an open genuine conversation across your business, and, crucially, when you see someone on the edge of burnout. It may be an uncomfortable conversation and it may mean reassessing how you plan work and processes. In many ways this is a powerful step towards creating a psychosocially safe workplace. It can also create the opportunity for you to develop the positive steps to take to help move others from burnout to thriving.

 

A major step will be understanding that changes must be made. You may need to ask yourself if that work process you designed five years ago is still fit for 2022? You might also need to consider:

 

• Is the office layout a good working space?
• Do we need more flexible working options?
• Why is that scaffold designed that way?
• Is that workbench at the correct height?
• Have we communicated clearly?

 

As individuals we sometimes must take equally difficult steps, whether in reassessing our expectations of ourselves and others or simply saying ‘no’ to taking on more work. It may be admitting that it is time to change jobs to move away from people you like working with (which makes you over-commit, which makes you tired and fatigued, which impacts on other aspects of your life). Or simply it is making the difficult choice to move on from a toxic and political workplace that pays well.

 

Unfortunately, there is no easy silver bullet quick fix that will ease the discomfort.  It is understanding the steps you need to take to get to the very core of the issue and take positive steps that will get results.

 

We are here to help

As a multi-disciplined occupational health and safety consultancy, Action OHS Consulting has an expert team of specialists with a broad range of workplace expertise. As a person-centred and business-focused organisation, we can help you assess any issue, and develop your knowledge to better understand and to support you resolve some of the issues mentioned.  Issues that may be contributing to all aspects of your workplace and your business and that impact the physical and psychosocial health and safety of you and your people.

 

You can reach out to us here.

 

[1] 10 Signs You’re Burning Out – And What To Do About It (forbes.com)

Safe Work Australia

Safe Work Australia has recently updated a number of guidance materials and new model codes.

 

National Return to Work Survey findings

The National Return to Work Survey is a biennial survey that measures outcomes of ill and injured workers receiving workers’ compensation to better understand their experiences and factors that may influence their return to work.

The findings include key metrics, insights and time series data.

The survey is a key data source guiding the delivery of the National Return to Work Strategy 2020-2030.

 

New guidance: Rapid antigen testing of workers

The information will help employers determine whether a rapid antigen testing program (RAT program) for their workers is a reasonably practicable control measure to manage the risks of COVID-19 at work. View the guidance here.

 

New infographics: Workplace sexual harassment statistics and What to do if you are sexually harassed at work

Do you know how to prevent sexual harassment at your workplace? Start this important conversation at your workplace by using Safe Work Australia’s new infographic – Workplace sexual harassment statistics.

Or if you have been sexually harassed at your workplace read the infographic – What to do if you are sexually harassed at work.

These new infographics are part of a suite of materials which also include guidance materials and information sheets to help employers and small businesses understand what sexual harassment is and what their WHS duties are around sexual harassment. They provide practical steps on how to prevent sexual harassment occurring in the workplace. View the materials here.

 

ACT

OHS Codes of Practice: https://www.worksafe.act.gov.au/laws-and-compliance/codes-of-practice

 

Occupational lung diseases strategy and management of silica dust at construction sites

WorkSafe ACT has launched its Strategy for Preventing Occupational Lung Diseases 2021-2023. WorkSafe ACT has also released a guide to assist in managing the risks of silica dust across the construction industry, which is the first of its kind in Australia. Read more here.

 

NSW 

OHS Codes of Practice: https://www.safework.nsw.gov.au/resource-library/list-of-all-codes-of-practice

 

NT

OHS Codes of Practice: https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice

 

WA

New work health and safety laws for WA from 31 March 2022

After 30 years, WA’s work health and safety laws will be modernised. The new laws recognise modern work relationships such as subcontractors and gig economy workers, and introduces the term ‘person conducting a business undertaking’. This means anyone who engages a WA worker has a duty to protect their health and safety. The Work Health and Safety Act 2020 and regulations will commence 31 March 2022. More information here.

 

Mentally healthy workplaces codes of practice

The Commission for Occupational Safety and Health (WA) has developed codes of practice which focus on different areas where psychosocial as well physical harms may be experienced in a workplace.

1.     Code of Practice: Violence and aggression at work

The Violence and Aggression at Work Code of Practice focuses on the general principles applied to the prevention and management of violence and aggression in the workplace. The intent of this code is to provide practical guidance for workplaces where people may be exposed to various forms of violence and aggression at work, including physical assault, sexual assault, verbal abuse, threats, intimidation and harassment, including sexual harassment.

 

2.     Code of Practice: Workplace behaviour

The Workplace Behaviour Code of Practice focuses on the general principles applied to the prevention and management of inappropriate or unreasonable behaviour in the workplace. The intent of the Workplace Behaviour Code of Practice is to provide practical guidance for workplaces where people may be exposed to various forms of inappropriate or unreasonable workplace behaviour including bullying, harassment, violence and aggression, discrimination, and misconduct.

 

3. Code of Practice: Psychosocial hazards in the workplace

The Psychosocial Hazards in the Workplace Code of Practice focuses on the general principles applied to the prevention and management of psychosocial hazards in the workplace. The intent of this code is to provide practical guidance for workplaces where workers may be exposed to psychological and social hazards such as inappropriate behaviours, violence and aggression, and fatigue, stress and trauma, which can be harmful to their health.

 

 

4. Managing COVID-19 risks in the workplace

The objective of this new guidance is to assist employers/ PCBUs in Western Australia to manage the risks and reduce exposure to COVID–19. See it here. 

 

Code of Practice: Excavation

Western Australia’s Department of Mines, Industry Regulation and Safety (DMIRS) recently issued the Excavation code of practice which provides practical guidance to prevent occupational injury and disease in all workplaces where excavation and associated earthworks are performed.

VIC

Workplace Safety Legislation and Other Matters Amendment Act 2022

Information about changes which became law on 16 March 2022.

The Workplace Safety Legislation and Matters Amendment Act 2022 (the Act) aims to prevent and better respond to workplace safety incidents, improve outcomes for injured workers and their families, and increase WorkSafe Victoria’s ability to enhance Victoria’s workers’ compensation scheme operations.

The Act makes amendments to the Accident Compensation Act 1985 (AC Act), the Dangerous Goods Act 1985 (DG Act), the Equipment (Public Safety) Act 1994 (EPS Act), the Occupational Health and Safety Act 2004 (OHS Act), and the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act)

The changes are needed to support improvements and enhancements across WorkSafe’s insurance and occupational health and safety (OHS) functions.

Changes to the threshold for duty holders to notify WorkSafe of certain incidents and to the grounds that inspectors can issue prohibition notices and directions on, will enable improved responsiveness to risks and hazards and further enhance WorkSafe’s prevention mandate.

Some changes have commenced, with others beginning in mid-2022. More information is available from WorkSafe Victoria.

 

Dangerous Goods (Explosives) Regulations 2022 open for comment

Employers, employees, interested parties and the public are invited to comment on the proposed regulation until 21 March, 2022. To find out more and have your say visit https://engage.vic.gov.au/dangerous-goods-explosives-regulations-2022 .

 

Psychological health regulations open for comment

Victorian employers, workers and members of the public can now have their say on proposed regulations to better prevent workplace psychological harm. The public consultation on the regulations and associated Regulatory Impact Statement will close for submissions on 31 March, 2022.

To view the proposed regulations or make a submission, visit https://engage.vic.gov.au/proposed-psychological-health-regulations

 

SA

OHS Codes of Practice: https://www.safework.sa.gov.au/resources/codes-of-practice

 

Qld

OHS Codes of Practice: https://www.worksafe.qld.gov.au/laws-and-compliance/codes-of-practice

 

Business leaders have a legislative duty to acquire and maintain up-to-date knowledge of work health and safety matters relevant to the nature of their operations.

 

But without any visibility of the health and safety prosecutions that have occurred, it can be hard to grasp what could go wrong within your operations.

 

With a little context, you have an opportunity to reflect on current practices. This can help to ensure that reasonably practicable controls have been established, and to ensure ‘like’ or ‘now foreseeable’ incidents are less likely to occur within the workplace.

 

‘Reasonably practicable’ means that you should consider the likelihood and degree of harm of a hazard or risk. Whilst there may not have previously been an incident at your workplace, if a significant incident has occurred across your industry, you should be aware of it.

 

Each year, Action OHS Consulting collates and reviews the data available from both WorkSafe Victoria and SafeWork NSW. Used effectively, this information should support you to influence key stakeholders within your organisation, and assist your business to make informed decisions with respect to their health and safety program.

 

The prosecution data has been collated from:

 

• WorkSafe Victoria Prosecution Data
• SafeWork NSW Prosecution Data (this version was updated September 2022 – once prosecution data for October to December 2021 was made available by SafeWork NSW)

 

This article provides an overview of the prosecutions from 2015 through to the 2021 calendar years.

 

Prosecutions: Numbers and related legislation

The 2021 calendar year saw a total of 96 prosecutions against the Victorian health and safety legislation, whilst in NSW the number of prosecutions was 69.

When compared to the previous year, there has been a 52% increase in Victoria and a 4% decrease in NSW. This is compared to a 54% increase and 95% decrease the year prior (CY2019 to CY2020) for both Victoria and NSW respective.

 

 

Within Victoria:

• 87 prosecutions were recorded against the Occupational Health and Safety Act 2004 only
• 1 prosecution was recorded against the Dangerous Goods Act 1985 only
• 7 prosecutions involved both the Occupational Health and Safety Act 2004 and the Occupational Health and Safety Regulations 2017
• 1 prosecution involved both the Occupational Health and Safety Act 2004 and the Dangerous Goods Act 1985

 

Unlike previous years, no prosecution involved the Occupational Health and Safety Regulations 2017 only.

 

 

Zero prosecutions were against the 2007 version of the Occupational Health and Safety Regulations which were updated in 2017.

 

Within NSW:

• 65 prosecutions were recorded against the Work Health and Safety Act 2011 only
• 3 prosecution was recorded against the Work Health and Safety Regulation 2017 only
• 1 prosecution involved the Explosives Act 2003

 

 

Prosecution timeframes

The table below lists the timeframe for the prosecution’s outcomes from 2021 when measured against the date of the offence.

 

Table 1: Timeframe between date of offence and the prosecution outcome, for the 2021 prosecution outcomes reported by SafeWork NSW & WorkSafe Victoria. Bracketed numbers represent the increase / decrease from 2020.

 

 

Health and safety fines

Year on year, the average fine and median fine in Victoria and in NSW remained consistent with previous years. The average and median fines were greater in NSW, when compared to Victoria.

 

 

In NSW all but one prosecution resulted in a monetary fine. In the one prosecution that didn’t involve a fine, the Director was required to enter a Work Health and Safety undertaking. The company was fined $75,000.

 

In Victoria 88 fines were issued (92% of prosecutions). In addition to the fines, WorkSafe Victoria issued 4 Enforceable Undertakings in 2021 which equates to 4% of prosecutions. This is compared to the 8 (13%) Enforceable Undertaking issued in 2020.

 

 

An ‘enforceable undertaking’  (EU) is a legally binding agreement between WorkSafe Victoria and the employer. The employer is obliged to carry out the specific activities outlined in the agreed undertaking. EUs will typically guide and direct the business being prosecuted to improve its health and safety program.

 

Health and safety fines: Maximum issued

With respect to fines, the maximum fines for both Victoria and NSW decreased year on year. The fines issued in 2020 were the greatest in each jurisdiction since 2016.

 

 

The maximum fines issued to a business were associated with the following events:

Victoria: The offender was a civil construction company based in Delacombe. In January 2018 the offender entered into a contract to construct a main trunk sewer system for a housing development. On 20 March 2018, a supervisor employed by the offender told the crew to get a manhole ready for a stub branch on the following day, while the supervisor continued working on manholes more than half a kilometre away. The terrain between the two locations was undulating. On 21 March 2018, a labourer and pipe layer, and 21 year-old labourer, employed by the offender, were instructed by the supervisor to work at the manhole more than half a kilometre from the supervisor. The two employees commenced the task, speaking with the supervisor on three occasions during the morning. At 10 am the supervisor and other employees met at the break room for smoko, however the two employees did not join them. At no point during the morning of 21 March 2018 did the supervisor either check how the work was being carried out or ensure that a manhole cage and/or a trench shield had been installed in the excavation before any high-risk work commenced.

If appropriate safety measures were not used, there was a risk that a trench or manhole pit could collapse while the offender’s employees were carrying out this high-risk work and could thereby be injured or killed. The offender failed to provide the supervision that was necessary to enable its employees to perform their work in a way that was safe and without risks to their health.

At approximately 11 am two subcontractors arrived at the manhole and saw that the manhole had collapsed. One employee of the offender was buried to the extent that only his head and one arm was showing. He communicated to the subcontractors to get him out of the trench. The other employee in the trench was not moving and was not responsive. Emergency Services was called, and the offender’s employees attempted to dig the two buried employees out using their hands, shovels and an excavator. When Emergency Services arrived one employee was extracted from the collapsed trench and taken to hospital, where he died from his injuries including metabolic derangement and multiple organ failure the following day. The other employee died from head injuries at the scene.

The offender pleaded guilty and was with conviction sentenced to pay a fine of $550,000.

In sentencing the Court took into consideration:

• the objective seriousness of the offence was relatively high
• Victim Impact Statements from family and friends of both deceased employees
• the offender’s history as an employer, and its lack of prior convictions
• the offender’s plea of guilty and the enhanced utilitarian value of a guilty plea during COVID delay, some of which was not attributable to the offender
• media coverage of the incident and the impact it had on the offender’s reputation, and
• that a conviction may impact the offender’s prosperity in future, particularly in respect of tendering for government contracts

 

NSW: On 3 July 2018, a volunteer from a Men’s Shed volunteer organisation was laying pipe for water irrigation system at Camden Bicentennial Equestrian Park when the pipe moved over the star picket and struck him on the head, causing fatal injuries. After a SafeWork NSW investigation, the defendant, Camden Council, was charged with breaches of section 32/19(1) of the Work Health and Safety Act 2011. On 21 December 2021, the defendant was convicted by the District Court and fined $750,000.

 

It is not just businesses being prosecuted in relation to health and safety breaches

Health and safety prosecutions are not limited to corporations. In 2021, 11% and 23% of prosecutions were issued to workers in Victoria and NSW respectively – equating to 11 and 16 prosecutions respectively.

 

 

The maximum fine issued to workers in Victoria and NSW in 2021 was $176,750 and $150,000 respectively. Whilst the average fine in Victoria and NSW was $41,678 and $32,369 respectively.

 

Prosecutions: What is the cause and where are the gaps?

With respect to the criteria/codes that lead to the prosecution – of the 55 criteria that were referenced, the top 12 criteria associated with prosecutions in 2021, as defined by WorkSafe Victoria, are outlined below.

 

 

These criteria are relatively consistent since 2015.

 

‘Failure to provide a safe system of work’ continues to places a clear duty on all workplaces to understand their operations, the hazards associated with their work, and ensure that the established controls are implemented.

 

Other noteworthy criteria includes reductions in prosecutions related to failure to conduct risk/hazard identification or risk assessment:

 

 

Health check

Action OHS Consulting, in collaboration with its sister-company Safety Champion Software, has developed a self-assessment tool: Safety Champion Impact Assessment. This tool has been designed to support businesses to understand potential points of failure, allowing them to proactively improve their health and safety program. You can access this tool for free up until December 2022.

 

START SAFETY CHAMPION IMPACT ASSESSMENT

 

Free webinar support

Action OHS Consulting developed and delivered a four-part webinar series providing direction on how businesses can best manage their legal obligations associated with health and safety.

The good news is that it is free for you to download.

 

DOWNLOAD THE WAR ON SAFETY WEBINAR SERIES

 

Key takeaways

To allow better and more informed decisions to be made, businesses must have established processes to understand how effectively their health and safety program has been implemented.

 

The Health and Safety Legislation adopts a self-regulated risk-based approach. This means businesses and their leaders are required to understand what could foreseeably go wrong within their operations, and then establish reasonably practicable controls to minimise the likelihood or severity of such events occurring. The intention; is to protect workers, contractors, customers and visitors from harm.

 

This requires leaders to be real. It requires them to appreciate that safety as documented by your policy and procedure manual, may not reflect work as completed operationally. Put simply, this leads to a requirement for workplaces to actively:

 

• Ensure that your safety program is easy to access and understand, and importantly relevant to your operations. Strongly consider implementing safety software such as Safety Champion, to help ensure that scheduled tasks are completed, and that workers can easily report incidents and/or hazards. Ensuring that you have visibility and ready access to this information, will assist you to proactively prevent incidents from occurring in the future.
• List all the ways your workers could get hurt, and document what you have put in place to stop this from happening. Start by listing the “Top 5” hazards – focusing on those which could cause the most serious harm. Do this in consultation with a selection of workers who hold different roles within your business. If you identify things that you could improve and/or do better, this is not bad, in fact, it is the point of the exercise.
• Continue to consult. Have regular structured and unstructured conversations with your team regarding the controls you have established.
• Build competency. Ensure that you have an induction program that includes an overview of your safety program and the operational activities that the worker will undertake. Consider assigning a buddy to new and/or young workers.
• Ensure your safety program is sustainable. Don’t rely on just one person. Spreadsheets and folders can be effective if you are organised, however, are difficult to maintain visibility when tasks are due – or more importantly, when tasks are missed. Again, this is where software programs like Safety Champion Software will support your organisation, providing visibility of your health and safety program in real-time, remind you when deadlines and key milestones approach, and provide you with access to data to make data-based decisions.
• Consider safety as part of your procurement process. Before you buy anything, consider the safety implications. Don’t limit this to equipment, machinery, computers – extended this to services as well. Don’t make safety an afterthought.

 

We would be interested to hear your thoughts, questions or concerns.

 

If like us, you would like to interrogate data, we would be more than happy to share an unlocked copy of the data with you – simply Contact Us.

As new technologies emerge and computing power increases, we are exposed to more and more data points each day. But in a workplace safety setting, what use is all this data if it’s too much for the human mind to process? The answer lies in data and analytics tools that can show you exactly where you stand on workplace health and safety.

 

The evolution of safety metrics

The volume and variety of data points have made safety data analysis a challenge for workplace health and safety professionals. Contemporary safety systems have embraced digital technologies, and safety professionals are presented with a growing haystack of data. As a result, the job of identifying the needle(s) that will have the greatest positive impact on safety performance are becoming increasingly harder to find.

Safety metrics have evolved dramatically in the past few decades. From a few lag (reactive) indicators reporting on failures in safety (for example, number and types of injuries and how many days were lost), to the introduction of many lead (predictive) indicators. They include measures of the level of safety activities, consultation and participation, behaviours, hazard identification and maintenance of safe systems of work.

The introduction of these newer lead indicators initially created extra workload for safety teams. This involved collating and analysing data metrics to determine which of the leading measures could be used to successfully predict an outcome. For example, if the number of completed workplace inspections dropped off over a period, would this result in an incident or injury?

 

Smart data capture

The Third Industrial Revolution, or Digital Revolution, of the latter part of the twentieth century saw greater computing power and more data being produced at an exponential rate. The current, or Fourth Industrial Revolution, focuses on computing power to analyse the datasets that are being generated every second of the day. This means that businesses which are using well designed digital systems to capture data from their safety systems, such as our Safety Champion Software, now have a much greater knowledge of the effectiveness of their investment in safety.

 

Great insight, better safety performance

The implementation of carefully designed data analytics tools allows managers and safety professionals to extract a much greater level of insight into the performance of a business’s safety system. Moving beyond the superficial numbers of activities and outcomes within the system, data analytics tools can gather intelligence to assess whether the system is efficient and used effectively. They also enable improved issues identification and adjustments to be made to improve performance.

Good data analytics highlights the needles in a data haystack and can be utilised to have the greatest positive impact on safety performance.

Safety Champion’s Data Analytics Module effectively visualises your data via customisable, interactive dashboards to help you identify user behaviour, understand how your workforce interacts with the system, and importantly, make informed data-driven decisions on visible trends.

With more and more workers expecting to be able to access flexible working arrangements, employers are finding they may need to find more flexible options to attract and maintain employees.

 

Psychosocial hazards and risks

When considering flexible options, it’s important to understand the psychosocial risks that employees may face if they are working from a location other than their usual place of work.

Under work health and safety laws, psychosocial hazards and risks are treated the same as physical hazards and risks.

A psychological hazard is anything that may increase the risk of work-related stress, such as bullying, poor support or lack of role clarity. [Source: Safe Work Australia].

 

Impacts of flexible working

Workers who are already feeling stressed by their working situation, and poorly though out processes that do not consider their individual circumstances, may be doomed to problems right from the start.

With the proposed inclusion of psychosocial hazards into the Victorian OHS Regulations in 2022, returning to the workplace is a great opportunity to review how we manage psychological risk and to start the conversation with employees.

The NSW Centre for Work Health and Safety has recognised both the problem and the opportunity and have published a best practice guide for flexible and work-from-home arrangements based on research they conducted in to the impacts of flexible working.

In their own words:

“Flexible work is becoming more common and the demographic of the Australian workforce is shifting (e.g. ageing population, increase of women participation in management roles, increase of males undertaking caring roles, increased participation of workers with a disability, and global mobility reshaping the profile of organisations).

More businesses are providing flexible work arrangements leading to a pressing need for a new and more inclusive WHS framework. Workers are under a combined influence of individual psychological factors and the surrounding social environment on their wellbeing and ability to function.”

Other resources:

Safe Work Australia has developed a step-by-step process for preventing and managing psychological injury, intervening early and for taking action to prevent your workers becoming ill or sustaining a psychological injury.

Safe Work Australia 

 

Updated guidance material: Managing the risks of working in heat 

The guidance material on managing the risks of working in heat has been updated to include information on first aid for heat-related illnesses, such as heat stroke.

https://www.safeworkaustralia.gov.au/media-centre/news/updated-guidance-material-managing-risks-working-heat

 

New model Code of Practice: Respirable crystalline silica engineered stone

This new model code provides practical information on how to manage health and safety risks associated with respirable crystalline silica from engineered stone.

https://www.safeworkaustralia.gov.au/media-centre/news/new-model-code-practice-respirable-crystalline-silica-engineered-stone

 

New guide: Managing the risks of elevating work platforms

The guide steps through the process of identifying the hazards associated with elevating work platforms in the workplace and how to do all that is reasonably practicable to manage the risks to health and safety.

https://www.safeworkaustralia.gov.au/media-centre/news/new-guide-managing-risks-elevating-work-platforms 

 

New guide: Managing risk in construction: Concrete pumping

There have been a high number of injuries (including 2,100 workers’ compensation claims) and three fatalities associated with concrete pumping in the past five years. The guidance is to help PCBUs to identify and manage the work health and safety risks associated with concrete pumping.

https://www.safeworkaustralia.gov.au/media-centre/news/new-guide-published-managing-risk-construction-concrete-pumping

 

Work-related traumatic injury fatalities Australia 2020 report

Safe Work Australia recently released the report which provides national statistics on all workers and bystanders fatally injured at work.

https://www.safeworkaustralia.gov.au/doc/work-related-traumatic-injury-fatalities-australia-2020

 

ACT

 

OHS Codes of Practice – https://www.worksafe.act.gov.au/laws-and-compliance/codes-of-practice

 

New South Wales

 

OHS Codes of Practice – https://www.safework.nsw.gov.au/resource-library/list-of-all-codes-of-practice

 

Northern Territory

 

OHS Codes of Practice – https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice

 

Queensland

 

Rural Plant Code of Practice Review

The Rural Plant Code of Practice is currently under review. The review will consider what changes are necessary to ensure the Code remains fit-for-purpose and supports the agriculture industry to meet legislative obligations and ensure worker safety. Written submissions are sought from all interested parties on the specific questions and key issues identified in the Issues paper. Consultation closes 5pm, Monday 29 November 2021.

https://www.oir.qld.gov.au/public-consultation/rural-plant-code-of-practice-review

SA

 

OHS Codes of Practice – https://www.safework.sa.gov.au/resources/codes-of-practice

 

Victoria

 

Storage and handling dangerous goods [June 2021]

This code includes information on what dangerous goods are; duties for manufacturers, suppliers and occupiers of premises where dangerous goods are stored or handled; how to control risks; and planning emergency responses.

https://www.worksafe.vic.gov.au/resources/code-practice-storage-and-handling-dangerous-goods

 

First aid in the workplace [Nov 2021] 

WorkSafe Victoria recently updated this code which guides employers on how to provide adequate first aid facilities in the workplace. It provides guidance on assessing first aid needs, first aid kits, first aid rooms, the number of first aid officers and training, and first aid procedures. It replaces the 2008 code.

https://www.worksafe.vic.gov.au/resources/compliance-code-first-aid-workplace

 

Hazardous substances [Jun 2021]

This code is relevant if you are an employer or self-employed person who uses hazardous substances, or a manufacturer, importer, or supplier of hazardous substances. It is also relevant for employees and health and safety representatives who work with hazardous substances. It includes information such as definition of a hazardous substance, the duties for employers working with hazardous substances and how to control risks.

https://www.worksafe.vic.gov.au/resources/compliance-code-hazardous-substances

 

Public consultations open: Compliance codes

WorkSafe Victoria, in collaboration with key stakeholders, has prepared the following two proposed compliance codes (the codes) on behalf of the Victorian Government.

 

1. Communicating OHS Across Languages Compliance Code

https://engage.vic.gov.au/communicating-ohs-across-languages-compliance-code

 

2. Lead Compliance Code

https://engage.vic.gov.au/lead-compliance-code

 

Both codes are now available for public comment until 5 pm on Monday 6 December, 2021.

The codes provide practical guidance for those who have duties or obligations under the Occupational Health and Safety Act 2004 (OHS Act) and the Occupational Health and Safety Regulations 2017 (OHS Regulations).

 

WA

New information sheet: Gendered violence: Notification of Sexual harassment and/or assault to Mines Safety. 

The WA government’s Department of Mines, Industry Regulation and Safety has released a new information sheet which provides guidance on reporting incidents of gendered violence, including sexual harassment and/or assault, to the department.

It’s no surprise that moving between an office, site, and home working location has its benefits for employees. Flexibility and increased autonomy can improve mental wellbeing, which helps to increase staff productivity and retention.

This type of hybrid work model started to become popular in recent years, with some employers embracing this new way of working, whilst others were more cautious. But once the pandemic hit, employers who had not supported the model, and those who simply rejected it, were forced to be more flexible.

 

A new way of working

Now, post pandemic, many employers are considering long term hybrid work models due to their benefits. To preserve the full benefits of the hybrid model, it’s important for organisations and individuals to make sure that the work from a home environment is as safe as working from the office or worksite.

When working on a site, in an office or in a public space, safety inspections and audits are part of the way we work. While sometimes they can be tedious, they always have a purpose. Few would disagree that it’s better to discover a safety risk as part of an inspection, rather than after an employee is injured.

So, does an employee’s private residence count as a workplace if they are conducting work there? The answer is yes! And if an employee is injured in their home whilst conducting work, it’s considered a workplace injury.

Because of this, organisations need to ensure they have systems in place to identify and assess hazards in a home work environment. They then need to implement risk controls and review them, the same as for any other hazard. To do this, organisations need to ensure their employees complete regular safety checks in their own home environment, just as they would complete a regular safety check in a traditional workplace.

 

Resources for employers

Business Victoria has created a helpful template to help you get started on the type of hazards that need to be considered and made safe: Working from home safety and wellbeing checklist | Business Victoria

It’s also important to set aside regular check in time with employees who are working from home. Managers or supervisors may not have regular face to face contact with these individuals which can make it much more difficult to know when something isn’t quite right and when to provide further support. So make it a date!

Lastly, if a home work environment is unsafe for operational or personal reasons, it’s important to provide another work location. No matter the source of the risk, if it effects the employee during their work hours, it is a workplace hazard.

Here are a few more resources to help you navigate the risks safely, so that everyone can have the flexibility that works for them post pandemic.

Managing risks | Safe Work Australia

Minimising the spread of COVID-19: Working from home – WorkSafe

Health and safety for working from home | WorkSafe.qld.gov.au

The failure to have “safe systems of work” features a high number of safety prosecutions. In general, this can be taken to mean that workers do not have access to current and accurate information to guide them in making safe decisions.

 

Although the provision of procedures and training are only administrative controls, they still play an important part in assisting workers to make good decisions and work safely.

 

The “Safe systems of work” failure can exist for a range of reasons, and a scan through recent prosecutions or case reports will highlight a range of reasons behind these failures, including:

 

• Lack of procedures, SWMS, and other guidance
• Procedures are not current or accurate for the task.
• Users are not aware that procedures exist,
• The procedure did not lead the user to make accurate safety decisions.

 

Let’s focus on the last point for a moment.

 

For good reasons, most Safety Systems are document-heavy. Documents are often prepared by people who are literate and have some skill in document preparation, they are likely to be proofread to ensure compliance with document control standards, and ensure they present professionally.

 

How can it be said the safe system of work has failed?

 

The detail is in the fine print, the legislation requires “safe systems of work” with an emphasis on the safe. It is about the system itself being safe and leading to safety outcomes, rather than having a “system of work” where the topic is safety.

 

Generally, documents have a great deal of meaning for the author and auditors but can have less meaning for the people who need to use these documents. This can be quite problematic when users need good quality information, especially at the operational level where a misunderstanding can result in an incident.

 

Before you start preparing workplace documents, ask these questions.

• What do the users need to know?
• What is the purpose of this document?
• Are users required to respond or record anything on this document?

 

Is a text document the best and easiest way to convey the information?

• What method will best convey this information in a clear and unambiguous way for the user group? Is it via a document, video, or verbal dialogue? Note, after review, you may identify an opportunity to convey “the information” across multiple communication channels.
• Is a document required to provide the information, or to prove that we provided the information? Once you understand this, you can create the document with the required intent.
• Cloud-based safety solutions will allow you to reduce the information contained within some documents (i.e. procedures), as the process, or system of work, will be the workflow built into, or defined by the software. This will provide a clear and standardised approach across your operation.

 

Who is the target audience?

• How do this group of users prefer to communicate?
• Where are your users located? It can be incredibly frustrating to need information that is only available on an intranet, if you do not have easy access to the intranet or the computer. It is for this reason, cloud-based solutions like Safety Champion Software continue to have great uptake. Allowing workers to access documents on their phone or tablet, on their person or in the tea-room allows them to always have fast access to important safety documents.
• What work are they doing? Some workers have less time in their work day, or interest in reading and writing.
• Are there any language or literacy barriers? Around 44% (Australian Government Style manual, 2021) of adults have literacy levels that may be a barrier to reading and comprehension. Surprisingly, education is not necessarily a factor in literacy. If you do have a requirement to translate your safety documents, more information can be found here: Action OHS Consulting NAATI Accredited Translation Services).

 

Only after you know exactly what you want to say, why it needs to be said and who you expect to respond to it, can you commence to draft and prepare the document.

 

Operational procedures

If we focus for a moment on operational documents, those prepared to provide users with information and instruction on conducting their work is where the key failures occur.

According to Klaus Hofer (Klaus Hofer RN, 2019) who has focused his attention on document usability and why workers make errors, we know that different documents are read in different ways depending on their purpose. A novel will be read line by line from left to right, however when documents such as procedures are being read the users will scan in an F or Z pattern trying to find the information they need. With this knowledge in hand, Klaus outlines specific layouts to enhance the ability of the user to find, understand and apply the information they seek.

 

 

The procedure sample on the left provides a layout that is easier to scan and locate the information required:

• A clear description across the top
• Labels down the left side to identify the sections.
• The detail to the rights in short sentences that are easy to understand and follow
• Images and colour to enhance understanding and reduce the words required.

 

In comparison the procedure sample on the right:

• A clear identity across the top
• a block of text through which the user must scan to identify the information they need.

 

For those who have read to the end, a consensus of various readability scales and indexes conducted on this article results in a score of Year 12 reading level. It is likely to be confusing and difficult to understand for 30 % of adults, and completely meaningless to 14%.

 

Back to the keyboard!!

 

​Works Cited

Australian Government Style manual. (2021, April). Retrieved from Australian Government: https://www.stylemanual.gov.au/user-needs/understanding-needs/literacy-and-access

Klaus Hofer RN, B. M. (2019). Document Usability. Retrieved from AIHS – OHS Body of Knowledge: https://www.ohsbok.org.au/wp-content/uploads/2020/11/12.3.2-Document-Usability-2.pdf

​

Safe Work Australia:

Preventing workplace sexual harassment

The infographics aim to help small businesses understand what sexual harassment is, raise awareness of WHS duties around sexual harassment and provide some practical steps on how to prevent sexual harassment in the workplace.

https://www.safeworkaustralia.gov.au/media-centre/news/preventing-workplace-sexual-harassment-new-infographics

 

National Principles to support families following an industrial death

The National Principles to support families following an industrial death were developed to recognise families’ needs and supporting them through the most stressful of times.

 

Commonwealth and state and territory governments will need to consider tailored approaches in response to the Principles, based on local needs and existing support mechanisms.

 

The 2018 Senate Inquiry report, They never came home – the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia and the Jurisdictional arrangements for providing support to families affected by an industrial death – Comparative analysis report are key reports that informed the development of the National Principles.

https://www.safeworkaustralia.gov.au/doc/national-principles-support-families-following-industrial-death

Australian Capital Territory

OHS Codes of Practice – https://www.worksafe.act.gov.au/laws-and-compliance/codes-of-practice

 

New South Wales

Code of practice managing psychosocial hazards at work [MAY 2021]

This code of practice on how to manage psychosocial hazards at work is an approved code of practice under section 274 of the New South Wales Work Health and Safety Act 2011 (WHS Act). Psychosocial hazards at work are aspects of work and situations that may cause a stress response which in turn can lead to psychological or physical harm.

https://www.safework.nsw.gov.au/__data/assets/pdf_file/0004/983353/Code-of-Practice_Managing-psychosocial-hazards.pdf

Northern Territory

OHS Codes of Practice – https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice

 

Queensland

Scaffolding Code of Practice

Key changes include (but are not limited to) the following:

A new table recommends when an engineer, rather than a scaffolder or competent person, should design, verify and undertake the initial inspection of various scaffolds. These recommendations are based on the level of risk and largely reflect current industry practice.

 

Requirement for two means of access and egress for external perimeter scaffolds over a certain size, excluding detached dwellings. One means of access and egress should be suitable for emergency stretcher access.

 

A recommendation is that the step height from the scaffold stair module onto the working platform should be minimised so it is no more than 300 millimetres when there is a change in direction between landings. A cost-effective way for industry to meet this new requirement involves replacing existing 1.5 metre stair modules with 2-metre modules. This section will have a delayed commencement and will only apply to stand-alone scaffolding where erection commences 12 months after 1 July 2021.

 

Amendment to advise that where it has been identified non-destructive testing (NDT) for cracks in high-stress areas of suspended scaffold components is needed to identify cracks not easily visible, the NDT should be conducted every three years.

https://www.worksafe.qld.gov.au/laws-and-compliance/codes-of-practice/scaffolding-code-of-practice

 

 

South Australia

OHS Codes of Practice: https://www.safework.sa.gov.au/resources/codes-of-practice

 

 

Victoria

Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2021

Regulations renewed to manage COVID-19 risks and to ensure the efficient and effective management of COVID-19 risks in Victorian workplaces. The remaking of the regulations for an additional 12-months will ensure employers continue to notify WorkSafe of COVID-19 cases in their workplaces. Employers are required to notify WorkSafe immediately on becoming aware that an employee or an independent contractor or a contractor’s employee has received a confirmed COVID-19 diagnosis and has attended the workplace during the infectious period. The new regulations came into force on 27 July 2021

https://www.legislation.vic.gov.au/as-made/statutory-rules/occupational-health-and-safety-covid-19-incident-notification-regulations-1

 

Occupational Health and Safety and Other Legislation Amendment Bill 2021

Currently, before Parliament, this will see the specific inclusion of Labour Hire workers and void indemnity provisions, this will prevent employers be able to insure themselves against penalties

https://www.worksafe.vic.gov.au/compliance-codes-and-codes-practice

 

 

Western Australia

Draft: CODE OF PRACTICE | Workplace behaviour 

A draft Code of Practice has been developed by Western Australia’s Commission for Occupational Safety and Health. It focuses on the general principles applied to preventing and managing inappropriate or unreasonable workplace behaviour.

 

This behaviour includes prolonged conflict, discrimination, bullying, sexual harassments, threats, and intimidation.

 

The new draft Code of Practice is open for comment until 30 August 2021.

https://www.commerce.wa.gov.au/worksafe/approved-codes-practice

 

 

ISO 45003:2021 Occupational health and safety management — Psychological health and safety at work — Guidelines for managing psychosocial risks:

This document gives guidelines for managing psychosocial risk within an occupational health and safety (OH&S) management system based on ISO 45001. It enables organizations to prevent work-related injury and ill health of their workers and other interested parties, and to promote well-being at work. It is applicable to organizations of all sizes and in all sectors, for the development, implementation, maintenance and continual improvement of healthy and safe workplaces.

https://www.iso.org/standard/64283.html

Every October is National Safe Work Month – a time for Australian workplace to showcase and promote work health and safety.

 

The theme for National Safe Work Month this year is think safe. work safe. be safe.

 

It is a time of celebration, whilst at the same time being a “calendar” marker to prompt workplaces, their leaders and their workforce to explicitly take some time to reflect on their safety program, actively listen to workers about their experiences, and focus those safety-related activities that can be missed or relegated to “next time” in workplaces where the workplaces safety maturity is continuing to evolve.

 

Download Safe Work Australia’s National Safe Work Month Campaign Kit.

 

Following Action OHS Consulting’s engagement with our clients over the last 10-years, we have seen first-hand the great things people are capable of, once provided with some direction on how they can bring their safety practices to life. In the spirit of these interactions, we have created the master list, to support you to get the most out of Safe Work Month this October.

 

The hardest thing about getting started…is getting started.

 

1. Plan. We all know that a goal without a plan is just a wish. So, to get the most out of Safe Work Month start to actively talk to your teams and schedule. Starting now will allow you to build excitement. Put up some signage. Get talking! Giddy up.

 

2. Listen (…then talk). Identify ways that you can interact with key stakeholders.

 

For workers, schedule a “Safety Month” event – morning teas and BBQ’s are often well attended *wink*; otherwise, you can incorporate into an existing team meeting. Authentically ask: “What opportunities are there for us to improve your safety, or the safety of our customers” – then listen (and take notes). Don’t refute.

 

For clients, reach out via a survey [online or at reception]. Have them provide a 5-star rating for: “How would you score us for safety, given our past interactions”; followed by an opportunity for them to provide comment/s.

 

3. Do. Given the energy generated from your planning, Safe Work Month provides a great time to schedule safety activities:

Review your Safety Manual (and documents). Does it reflect the work you do? Yes – *Tick*. No – You need to decide: (i) Do you update the document to reflect the work? Or (ii) Do you change the work to reflect the document? Or (iii) Can you take a little bit from column A and a little bit from column B.

 

Safety Walk-through Inspection – is signage, line marking, lighting, walkways, and equipment in good condition? When you look actively, you will see things that you miss when you look passively.

 

Gather a group and make a list of the “things” that could injure workers and/or customers. Once created – make a list the things you are doing to prevent the injuries. Is there more that you could, or should do?

 

Schedule any annual training or communications – for example, re-inductions to workers and/or contractors.

 

4. Upskill. Safe Work Australia and your state regulator (one of: WorkSafe, SafeWork, WorkCover) will have a calendar of events during Safe Work Month. “Look” and “Book” now – don’t have us return to the getting started quote from earlier.

 

5. Search for ways that you can make safety a part of your business as usual. Cloud-based platforms such as Safety Champion Software have taken off over the last 18-months, and allow you to schedule, report and track your safety activity.

 

 

 

Importantly, you know your teams to find ways to have fun. How management present, will be the biggest determinant of your success.

Throughout the coronavirus pandemic, we have seen how vital it is for employers and employees to work together to find solutions that work for their workplaces and individual needs. Now that vaccines are being rolled out, this collaborative approach should continue. As every workplace is different, employers and employees should openly and collaboratively discuss and plan for what the roll out of the vaccine might mean in your workplace.

 

So where to begin? Read through our handy FAQs to get a better understanding of your role when it comes to vaccination and your workforce.

 

 

As an employer, do I need to do anything regarding vaccination? Isn’t the government handling this?

Whilst the government is managing the rollout of COVID-19 vaccines, we all need to do our part to prevent the spread of coronavirus.

 

To do this, you need to ensure you and your employees are following the most up to date guidance on health and safety whether you are working on-site or in the home office. Ensure you have access to the current directions from your State or Territory Government, your state OHS regulator, and advice from trusted health and safety experts and communicate this advice to your employees.

 

You certainly play a part in both ensuring your workers are across the latest advice and how this might implicate your line of work. Plus it can be hugely beneficial to the mental and physical health of your team to have an open conversation about their concerns or questions regarding the vaccination roll out process and how it might impact your workplace.

 

So, take some time to meet and speak with your team, and see if you can alleviate some areas of concern, harnessing the advice you seek from the experts.

 

 

Is it mandatory for people to be vaccinated in Australia before they come to work?

While it is strongly recommended that as many Australians as possible who are eligible to receive a vaccination against COVID-19 are vaccinated to help stop the spread of the virus in our homes and workplaces, at this stage, for the majority of workplaces, receiving a vaccination is voluntary.

 

As it currently stands, employers cannot force their employees to be vaccinated against coronavirus before they come to work. However, do seek advice from health and safety professionals before you make any decisions or communicate information of this nature to your team.

 

Be sure to keep an eye on the latest government and regulator information as vaccinations may be prioritised or mandated in some industries – for example, the current discussions around Aged Care workers following the latest Victorian lockdown.

 

 

We work in a high exposure risk industry and have an employee who refuses to be vaccinated. What should we do?

If your industry has been identified as high risk and requires employees to be vaccinated, and someone refuses to be vaccinated, you should first ask them to explain their reasons for refusing the vaccination.

 

If they have a legitimate reason for not being vaccinated, such as having an existing medical condition, this does not remove the employer’s responsibility to provide a safe workplace for the employee and others. You should first try to work together to consider whether there are any other options available. This may include alternative work arrangements, however in high-risk industries, it may not be unreasonable to expect a vaccination as a requirement of the role.

 

 

How do we support or encourage workers to get vaccinated?

There are ways in which you can encourage your staff to get vaccinated. You can implement programs that support, promote, and enable voluntary uptake of vaccinations. You can introduce attractive leave entitlements for staff to go and get vaccinated. Why not hold sessions with expert medical professionals for your staff to learn and ask questions about the vaccines?

 

Always listen and allow your employees to voice any concerns they may have so that you can identify solutions together, depending on the circumstances of your workplace.

 

 

We want to implement mandatory vaccinations in our business. Can we?

You might think the easy solution is to implement a blanket policy demanding your entire workforce receive a coronavirus vaccine. However, there are limited circumstances where an employer can implement a mandatory vaccination policy within their organisation.

 

Some important factors you should consider here before making such a decision include:

 

• whether a specific public health law relating to your industry requires an employee to be vaccinated
• whether an enterprise agreement or employment contract in your industry includes provisions about requiring vaccinations
• whether it would be lawful and reasonable for you to force your employees to be vaccinated
• whether your employees have a legitimate reason for not being vaccinated, such as a medical reason, and
• how protections for employees under anti-discrimination laws may apply to such a decision

 

In addition, not everyone in your workforce will be subject to the same level of risk from the coronavirus, and consequently, at this stage, their access to the vaccine will vary.

 

It is key to review if any of your employees are at a high risk of coronavirus exposure and to seek advice from experts, such as the Department of Health and Human Services in Victoria or your local regulator, on the steps you might need to take to ensure your employees have access to vaccines.

 

 

After we roll out the vaccine in Australia, can we stop with the distancing and hygiene stuff?

COVID-19 vaccines are currently being rolled out in stages in Australia, and it is not the only way we can stop the spread of the virus. Much of the population will remain unvaccinated for some time yet, so we need to continue to practice good hygiene, physical distancing, getting tested, and staying at home when we are sick. We must also continue to comply with any public health orders that apply to us and our workplaces.

 

 

Some of our team members are pretty nervous about coming to work until everyone is vaccinated. How do we handle this?

If an employee refuses to attend your workplace because a co-worker isn’t vaccinated, you can direct them to come into work if you have a lawful and rational reason to do so. Whether a direction is lawful and rational can depend on several factors, including the employer’s work health and safety obligations.

 

First try to understand their concern. Again, perhaps they are at higher risk of contracting the disease or suffering badly if they do (for example, people with auto-immune diseases). Discuss alternative working arrangements with your concerned employee. Could their role be performed remotely? You should also consider sharing information about the steps you have taken to ensure a safe workplace, to help manage and mitigate concerns your employees may have.

 

 

We’re unsure about what we should do as an employer – we want our staff to be safe. What’s the right thing to do here?

When in doubt, ask! If we have learnt anything throughout this past year, it’s that rules and regulations can change in an instant. It is so important to seek evidence-based help.

 

Guidance and advice should be obtained from the local safety regulator, like WorkSafe Victoria, safety professionals such as our team at Action OHS Consulting, and from other legal professionals before making any hard and fast decisions around vaccinations in the workplace.

 

For the latest information around vaccinations and the workplace, a good source of information is Fair Work Australia. But do also keep across the latest news and government advice on a regular basis.