Newly released health and safety codes – May 2021

Safe Work Australia

Model WHS Regulations

Safe Work Australia has updated the model WHS Regulations and its guidance on the meaning of “person conducting a business or undertaking”.

Meanwhile, the Globally Harmonised System of Classification and Labelling of Chemicals (GHS 7) has been made a reference. The Commonwealth jurisdiction and most states and territories started the two-year transition from GHS 3 to GHS 7.

Outdated standards relating to pressure equipment and lasers used in the building and construction industry have been removed.

The model WHS Regulations and any changes made to them don’t apply in a jurisdiction until they are made in the jurisdiction.

Workplace Traffic Management

Safe Work Australia has updated its guidance on workplace traffic management to include information on working on or near public roads. To ensure the safety of workers and the public when managing traffic on a public road, actions could include installation of barriers and warning devices to ensure workers and vehicles stay separated.

https://www.safeworkaustralia.gov.au/media-centre/news/updated-workplace-traffic-management-guidance-now-available

Statement of Regulatory Intent – COVID-19

The statement on the approach to WHS compliance during the COVID-19 pandemic has been revised by WHS Regulators. The Statement of Regulatory Intent – COVID-19, developed by the Heads of Workplace Safety Authorities (HWSA), sets out principles Work Health and Safety (WHS) regulators use to guide their approach to ensuring compliance with WHS laws during the COVID-19 pandemic.

To ensure the Statement remains current and relevant, revisions have been applied including addition of new information on COVID-19 vaccines. The Statement does not apply to the WHS regulators in the Australian Capital Territory and in Victoria.

https://www.safeworkaustralia.gov.au/covid-19-information-workplaces/other-resources/statement-regulatory-intent-covid-19

COVID-19 vaccine WHS guidance for workplaces

Safe Work Australia has published new information about work health and safety and COVID-19 vaccines. Employers have a duty under the model Work Health and Safety (WHS) laws to eliminate, or if that is not reasonably practicable, minimise the risk of exposure to COVID-19 in the workplace.

The new guidance provides information about rights and obligations under the model WHS laws and how they relate to COVID-19 vaccines. Vaccine work health and safety information is available for employers, small business and workers in 37 different industries.

https://www.safeworkaustralia.gov.au/covid-19-information-workplaces/industry-information/general-industry-information/vaccination

Preventing workplace sexual harassment, violence and aggression

New national work health and safety guidance has been developed by Safe Work Australia providing practical guidance to businesses to help them prevent workplace sexual harassment, violence, aggression and domestic violence.

Preventing workplace sexual harassment

The new Guide: Preventing workplace sexual harassment is the first comprehensive WHS guidance in Australia to focus on preventing sexual harassment. The guidance supports business and organisations to meet their WHS duties with practical steps to identify risks and prevent sexual harassment in the workplace.

https://www.safeworkaustralia.gov.au/doc/preventing-workplace-sexual-harassment-guide

Preventing workplace violence and aggression

The Guide: Preventing workplace violence and aggression provides information for persons conducting a business or undertaking (PCBUs), such as employers, on how to manage the risk of violence and aggression in the workplace, including gendered violence.

https://www.safeworkaustralia.gov.au/doc/preventing-workplace-violence-and-aggression-guide

Inspecting and maintaining elevating work platforms

Safe Work Australia has published new guidance for inspecting and maintaining EWPs. Employers are responsible for keeping workers safe and this includes ensuring that plant equipment is inspected and maintained. Employers must also ensure that workers are given the necessary information, training, instruction and supervision to use EWPs safely.

https://www.safeworkaustralia.gov.au/doc/guide-inspecting-and-maintaining-elevating-work-platforms

South Australia

HSRs for work groups of multiple businesses

New information on how the work health and safety law allows multiple persons conducting a business or undertaking (PCBU) and their workers to establish work groups if workers are carrying out work for different PCBUs. A HSR can represent workers across multiple businesses or undertakings by agreement between all relevant parties. The information provides guidance on establishing multiple-business workgroups through negotiations with workers and the shared responsibilities of each business.

https://www.safework.sa.gov.au/workers/consultation-and-representation/health-and-safety-representatives/hsrs-for-work-groups-of-multiple-business

Positive anti-harassment duty imposed on employers

A legislation has been introduced imposing a positive duty on employers to eliminate sexual harassment, discrimination and victimisation in workplaces under the State Equal Opportunity Act 1984. The new duty was recommended by the South Australian Equal Opportunity Commission’s review of harassment in the legal profession.

https://www.legislation.sa.gov.au/LZ/B/CURRENT/EQUAL%20OPPORTUNITY%20

Tasmania

Quad bike safety

Work is being done to make changes to the Work Health and Safety Regulations 2012 to improve quad bike safety. The changes will require employers to provide workers with a helmet when using a quad bike, require quad bike users to wear a helmet and to undertake training and prohibit the carrying passengers, except where the quad bike is designed and appropriate for that purpose. These changes are supported by changes to the Road Rules 2019; and plans to implement safety measures on public land under the National Parks and Reserves Management Act 2002 and the Crowns Law Act 1976. It is anticipated that these changes will be implemented by 30 June 2021.

https://worksafe.tas.gov.au/quadsafe/about-the-new-quad-bike-standard-oct-2020

OHS Legislation – https://worksafe.tas.gov.au/topics/laws-and-compliance

OHS Codes of practice – https://www.worksafe.tas.gov.au/laws/codes

Victoria

Environment Protection Act 2017

The Environment Protection Act 2017 will come into effect on 1 July 2021. The Victorian Government undertook a public inquiry into EPA and released its final conclusions in 2016. When the amended Act comes into force, EPA will have enhanced powers in preventing risks to the environment and human health. It will also be able to issue stronger sanctions and penalties to hold environmental polluters to account.

The general environmental duty (GED) is a centrepiece of the new laws as it applies to all Victorians. Risks must be understood if one conducts activities that pose a risk to human health and the environment. One must also take reasonably practicable steps to eliminate or minimise them. In an Australian first, the GED is criminally enforceable.

https://www.epa.vic.gov.au/about-epa/laws/new-laws

New industry standard for elevating work platform safety

WorkSafe has launched a new industry standard for elevating work platforms (EWPs) to provide operators and employers with practical safety advice to prevent serious injuries and deaths. The new standard provides a comprehensive understanding of the most important safety issues for using EWPs including who has a duty to ensure the health and safety of workers, selecting the appropriate EWP for the task at hand and the different types of EWP available. The standard also covers EWP training and licensing requirements and how to ensure EWPs are properly maintained and inspected for use.

https://www.worksafe.vic.gov.au/resources/elevating-work-platforms-industry-standard

Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Bill 2021

The Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Bill 2021 allows the Accident Compensation Conciliation Service (ACCS) to hear and make binding determinations on disputes not resolved by conciliation.

The proposed laws give workers the choice to have their matter arbitrated by the ACCS, who must commence a hearing within 30 days of the dispute being referred. Once an application for arbitration commences, a hearing will generally conclude within 60 days, with a determination made within two weeks of the hearing concluding. This will ensure these disputes are resolved within four months – which is less time than it takes to resolve most court proceedings.

https://www.legislation.vic.gov.au/bills/workplace-injury-rehabilitation-and-compensation-amendment-arbitration-bill-2021

New COVID check-in rule for businesses

New rules for workplaces announced by the Victorian Government while issuing a warning against poor compliance with COVID-19-related check-in regulations. From 28 May, all venues and businesses required to undertake electronic record keeping must use the Victorian Government QR Code Service through the Service Victoria app.

https://www.premier.vic.gov.au/restrictions-ease-more-victorian-businesses

New fines for non-compliance with COVID-19 rules

New on-the-spot fines for intentional breaches, as well as fines for repeated breaches, were introduced in response to poor rates of compliance with COVID-19 rules for businesses. Businesses can also be prosecuted in court for continued, blatant or wilful non-compliance with the Chief Health Officer’s pandemic rules on check-ins and other matters.

https://www.coronavirus.vic.gov.au/fines-enforcement-and-reporting

Education and Training Reform Amendment (Protection of School Communities) Bill 2021

The new proposed legislation aims to improve school safety by giving Victorian schools the power to ban aggressive and violent parents from entering school grounds, to protect students and staff. The Bill arose as a result of a recommendation from the Protective Schools Ministerial Taskforce, established in 2018. The Taskforce recommended legislative changes to in order to address threatening or aggressive conduct towards staff.

https://www.premier.vic.gov.au/sites/default/files/2021-05/210504%20-%20New%20Laws%20To%20Make%20Schools%20Safer%20For%20Everyone.pdf

New South Wales

New exposure standards for coal dust and diesel particulate matter

The new worker exposure standards for respirable coal dust (1.5mg/m3 of air) and diesel particulate matter (0.1mg/m3 measured as sub-micron elemental carbon) commenced on 1 February 2021.

https://www.resourcesregulator.nsw.gov.au/safety-and-health/topics/airborne-contaminants-and-dust

https://www.resourcesregulator.nsw.gov.au/__data/assets/pdf_file/0018/1265103/Changes-to-airborne-contaminants-and-dust-exposure-standards-A4-guide-poster.PDF

New guidelines to boost delivery driver safety

Draft guidelines have been released for industry consultation to provide better protection for workers in the food delivery industry. The guidelines outline existing hazards in the industry, such as poorly maintained bikes, fatigue and extreme weather conditions, and the actions that must be taken by delivery platforms, drivers and restaurants to mitigate these risks.

Strategies have been developed in partnership with industry to help food delivery operators, drivers and restaurants understand their obligations under NSW Work Health and Safety Legislation.

https://www.safework.nsw.gov.au/__data/assets/pdf_file/0007/978496/Working-together-to-improve-food-delivery-rider-safety.pdf

Accommodation guide

The SafeWork NSW Accommodation guide is a practical guide that helps persons conducting a business or undertaking (PCBUs) understand and meet their obligations under the NSW work health and safety laws when designing or choosing the form of accommodation provided for workers during work undertaken away from home.

It includes useful information and advice on what accommodation should include, as well as considerations when choosing accommodation and maintenance requirements.

https://www.safework.nsw.gov.au/resource-library/accommodation-and-food-services-publications/accommodation-guide

Managing WHS at events

The Managing WHS at events guide helps event organisers understand and meet their obligations under Work Health and Safety (WHS) laws when managing events.

It includes useful information and advice on planning, managing and monitoring an event to ensure the health and safety of workers, volunteers and the visiting public.

https://www.safework.nsw.gov.au/resource-library/arts-and-recreation-services-publications/guide-managing-work-health-and-safety-at-events

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

Australian Capital Territory

OHS Legislation – http://www.legislation.act.gov.au
OHS Codes of Practice – https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/4201

Queensland

Codes of practice updated

National safe work codes of practice have been reviewed and updated in line with a nationwide agreement in 2015 that all Australian work health and safety regulators will review the codes of practice every five years. 21 Queensland codes of practice that are based on national codes of practice have been updated and approved for the state. The new codes commenced on 1 March.

https://www.worksafe.qld.gov.au/news-and-events/newsletters/esafe-newsletters/esafe-editions/esafe/february-2021/codes-of-practice-updated

Updated Codes

Abrasive blasting code of practice 2021

Confined spaces code of practice 2021

Demolition work code of practice 2021

Excavation work code of practice 2021

First aid in the workplace code of practice 2021

Hazardous manual tasks code of practice 2021

How to manage and control asbestos in the workplace code of practice 2021

How to manage work health and safety risks code of practice 2021

How to safely remove asbestos code of practice 2021

Labelling of workplace hazardous chemicals code of practice 2021

Managing noise and preventing hearing loss at work code of practice 2021

Managing risks of hazardous chemicals in the workplace code of practice 2021

Managing risks of plant in the workplace code of practice 2021

Managing the risk of falls at workplaces code of practice 2021

Managing the work environment and facilities code of practice 2021

Preparation of safety data sheets for hazardous chemicals code of practice 2021

Safe design of structures code of practice 2021

Spray painting and powder coating code of practice 2021

Welding processes code of practice 2021

Work health and safety consultation, cooperation and coordination code of practice 2021

OHS Legislation – https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws/laws-and-legislation
OHS Codes of Practice – https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws/laws-and-legislation/codes-of-practice

Northern Territory

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

Western Australia

OHS Legislation – https://www.commerce.wa.gov.au/worksafe/legislation
Codes of Practice – https://www.commerce.wa.gov.au/worksafe/approved-codes-practice

15 May 2021

All you need to know about building an effective Safety Management System

What is a Safety Management System (SMS, or also known as an Occupational Health and Safety Management System or OHSMS)? Well, it’s is a set of policies, procedures and plans that systematically manages the health and safety of your workplace.

It covers crucial organisational structures and reporting lines, key accountabilities, and all your health and safety policies and procedures. The great thing about safety management systems is that they are not one size fits all. They are scalable and therefore can be tailored specifically to the size and complexity of your own workplace.

Why do you need a Safety Management System or OHSMS?

A well-implemented Safety Management System helps minimise the risk of injury and illness due to workplace operations, and that should be front of mind for any business, right? The other great thing is that you shouldn’t have to start from scratch. Your organisation most likely has some elements of a SMS already in place. The key is to link these elements into a coordinated overall system to improve work health and safety performance.

Key components of a Safety Management System

The universally accepted framework for SMSs includes the main components listed below. These components represent the minimum requirements that need to be met when implementing your system for it to be recognised as a Safety Management System:

Safety policy and objectives
Management commitment and responsibility
Safety accountabilities
Appointment of key safety personnel
Coordination of emergency response planning
Safety Management System documentation
Safety risk management
Hazard identification
Risk assessment and mitigation
Safety assurance
Safety performance monitoring and measurement
The management of change
Continuous improvement of the Safety Management System
Safety promotion
Training and education
Safety communication

So keep this handy as you begin. You can then take the next step and have your Safety Management System certificated against ISO 45001.

What is ISO 45001?

ISO 45001 is an International Organisation for Standardisation standard for management systems of occupational health and safety. Its goal is the reduction of occupational injuries and diseases, including promoting and protecting physical and mental health. An ISO 45001 certification can be obtained by any organisation regardless of its size, type and nature.

In addition, having your Safety Management System certified as ISO 45001 can lead to recognition for having achieved an international benchmark, and in turn, will influence potential clients who are concerned about their social responsibilities to choose you from your competitors. They will be reassured when they know they are dealing with an organisation that has internationally recognised safety standards. So it really is win-win.

What does building a Safety Management System look like?

Even before you get down to the nitty-gritty of documenting those all-important policies and procedures, there are a few initial steps you should consider taking when implementing your SMS. These steps will ensure that you effectively contextualise your health and safety program to your own specific workplace needs as they currently stand, and so you are not distracted by past manuals or that old workplace saying, “the way you have previously done things”.

First of all, set up a working group, who will drive the implementation of your Safety Management System. Ideally, this group should include a mixture of management and employees that represent the breadth of all facets of your organisation. It would also be ideal to have a subject matter expert from the industry from which your organisation is part.

Controlling hazards is the key

Effective implementation of health and safety management within your workplace should result in hazards being controlled. Hazard control is achieved either by reducing the impact or by reducing the likelihood of exposure to the hazard.

Once your working group is established consider all the actual “work” that that is completed by your teams and the potential hazards that come with this work. This includes within your office, as well as within your production arm and employees out in the field.

It is important to not just focus on hazards that you perceive as higher-risk. You want to create an overall organisational context for your Safety Management System and to take into account all risks and opportunities, not just those obvious ones. This will ensure you are implementing a system with a holistic view.

Once you have a clear understanding of context and hazard controls, begin by documenting them within your Safety Management System. This will enable your organisation to begin to improve its safety performance by:

Ensuring documented health and safety policies and objectives reflect the work that you do actually do, not the work you imagine is done.
Increasing the awareness of your health and safety risks. Your documented Safety Management System will provide a single source of truth.
Allowing you to evaluate your health and safety performance against the processes as documented and allow you to more easily identify “breaks in the process” when moving down the path of continuous improvement.
Documenting key responsibilities, to ensure both management and workers can take an active role in health and safety matters.

What are the challenges with implementing and maintaining a Safety Management System?

It is important to be aware of some of the challenges that can be faced when implementing your SMS:

Getting Started

Like anything to begin with, it can be hard to get started. Too often companies advise that they are not ready, as they want everything to be perfect before they begin the process. However, your Safety Management System should always be considered an ongoing and ever-evolving process that will never be perfect, so the key is to begin.

Setting Goals

Companies building an SMS should set realistic goals. A company knows its capabilities and limitations which should be referenced when implementing health and safety targets. If you set too an unrealistic goal, your team could get disheartened and lose interest in implementing your system further.

Problem Solving

If you don’t know what your potential organisational health and safety risks are, you won’t be able to confidently begin implementing your safety management system. That is why it is important to have people from across the breadth of your workplace operations to help you identify these risks.

Most workplaces find that once they take time to explicitly understand and document their health and safety hazards and then agree on how the hazards are controlled; building and implementing the Safety Management System is relatively simple.

Self-Management

Safety Management Systems require ongoing input and update and consequently, their success mostly depends on the enthusiasm of your working group overseeing your system. If you don’t ensure continuous improvement and input, your system and the health and safety of your workplace can suffer.

Software platforms such as Safety Champion Software can help. They can ensure that implementation activities are planned for and scheduled. They prompt workers when tasks that they are responsible for approaching their due date, and where required escalate to management if tasks are not completed. This will help with the momentum and help keep you on track.

Transparency

Ensuring the correct information is shared with all employees is another major challenge when implementing a Safety Management System. Often crucial and timely safety information can get lost within an organisation’s traditional reporting system. However, software platforms that specialise in safety management and compliance, such as Safety Champion Software again, can play a role here.

The cloud-based nature of most safety management software products ensures that workers have access to the most current policies and procedures, chemical registers, and training documentation. It can allow employees to report incidents and hazards in real-time and communicated to all stakeholders instantaneously.

Why make building your Safety Management System a focus?

When implemented well, building and implementing a Safety Management System has immense value. The obvious positive outcome is to the health and wellbeing of your employees. These benefits should also be kept front of mind to keep up the momentum when establishing your Safety Management System:

You will improve your organisation’s ability to respond to regulatory compliance issues
You will reduce the overall costs of incidents
You will reduce downtime and the costs of disruption to operations
You will reduce the cost of insurance premiums and risk of prosecution
You will reduce absenteeism and employee turnover rates

By taking action today and organising a coordinated, holistic and internationally recognised system to improve your workplace health and safety performance, your business and your employees are the real winners. If you get the setup right, the benefits to health and safety, as well as to other areas of your operations, are sure to follow.

For more support with designing and implementing an effective Safety Management System, reach out to our team today. Our OHS consulting team have vast experience when it comes to OHSMS development and would be pleased to help.

20 Apr 2021

Key considerations to support a safer return to office

In recent months, Victorians who have been working from home have been able to make a partial and optional return to work facilities. Without doubt, this represents different challenges for businesses that value employee and visitor health and wellbeing.

A number of factors will impact the success of organisations looking to transition a portion of their workforce (either small or large) from their home working environment and back to the office or other physical work site. It is therefore important that organisational leaders carefully plan this return, and when doing so, that they keep the health and safety of their workforce, customers and visitors front of mind.

In this article, we will outline some considerations to help you make this transition as smoothly as possible.

Auditing new or changed workplace conditions

Given the potential impact of COVID-19 as a workplace hazard, and acknowledging the ever-changing nature of guidance and advice around COVID, businesses are strongly encouraged to stop and reflect. It may be time to consider an audit.

By auditing the new and/or changed conditions within a workplace, you will support a level of certainty that the proposed controls you put in place are practicable and being implemented well.

Physical distancing will remain an important consideration. Businesses should be looking to identify ways to increase the physical distance between people when at work (i.e., workstations, meeting rooms, etc) and continue to monitor the number of people in enclosed spaces.

Due to the physical distancing and hygiene considerations in place, you may even need to redesign the layout of the workplace and your workflows so you can meet the COVID safe guidelines.

Below is a list of WHS considerations that businesses should evaluate, as they return their workforce to the traditional work site;

Inspect and evaluate any new physical hazards. Any change of floor plans or layouts on your premises may change or increase the risk of slips, trips, and falls. Consider changes that may impact worker movement through aisles, using stairs, and opening and closing doors.

Consider your evacuation plans. Again alterations of the physical spaces may impact your current emergency plans. Consider your emergency meeting points and routes – are they still accessible? Also consider your fire safety signage – this must remain in place alongside the any new COVID-19-specific signage.

Think about the new requirements in terms of maintenance and operation of heating, ventilation, and air conditioning equipment.

Carefully consider all new hygiene and cleaning requirements – does this extend beyond the bathroom and kitchen and include workstations and all shared spaces.

Review processes that may lead to cross contamination. For example, door handles, joint equipment, or practices that encourage shared pens (e.g., visitor sign-in at reception). How can multiple points of contact be eliminated, or reduced if elimination isn’t possible?

Revise and update WHS Policies and Procedures to encompass any change. You should consider the development of a plan that details how you will control exposure to COVID-19, and provide an overview as to how you will manage and respond to a potential outbreak in your work site.

Remember, COVID-19 rules and restrictions differ across states and territories, industries, business sizes, and types of premises. Plus, these rules change continually. So, if you are unsure, or not sure where to look, please seek clarification from your state regulator or reach out the to the Action OHS Consulting Team.

Consulting and communicating with workers

Returning to the workplace after a long period will no doubt bring about some level of disruption and challenge. The process does involve diligence and preparation, along with great communication from management to workers.

It is important to note that it’s highly possible this process of change may lead to increased anxiety or distress in your workers. It is also possible that you may experience resistance or other reactions to this change.

As such, here are some health and safety pointers to include when planning the return to work;

Consult with your workers. Understand their concerns, preferences and motivations about coming back to the workplace. Consider discussing any concerns as a team or with individuals to help manage concerns.

Embed an attendance control system. Capture and retain vital records of all attendance from workers, contractors, and visitors who visit your work sites. Should an exposure occur, this will allow you to easily identify close contacts and to ensure potential future exposures can be limited. Consider software products like Safety Champion Software support contactless sign-in and sign-out of your workplace location.

Establish a cleaning and disinfection plan. An essential way you can protect workers and their families from the risk of exposure to COVID-19 is by implementing cleaning and disinfecting measures at the workplace before having them return to it. Plus sharing the details of your cleaning regime will help alleviate anxieties workers may feel when returning to the work space. Again, using software like Safety Champion Software, will allow you to manage your cleaning and disinfection plan.

Set clear expectations and directions about hygiene practices. Everyone is responsible for good hygiene. This will require effort from workers, visitors, customers, and others in the workplace. But again, when these directions are clearly communicated to all workers you will have a better chance of increasing comfort levels amongst your team.

Monitoring your progress on an ongoing basis

Safety measures that are in place are at their best when they are being regularly monitored and reviewed. For this reason, business leaders should place emphasis on ensuring that OHS stays on the agenda or top of mind.

Are workers are aware of safety measures? Are practices being followed? Are the measures that are in place still relevant? Do they need to be improved?

Remember, COVID guidance and workplace requirements can change at any moment. The virus itself might present new variants and, with those, new health risks to workers. Therefore, the employer or other OHS duty holder must be vigilant.

Long emphasised by OHS professionals, there is a real need to constantly monitor current controls and preventative actions to ensure they remain effective and appropriate.

Indeed, the situation is uncertain and complex. However, if you are unsure about how to proceed you can access a wealth of support and guidance from Safe Work Australia, the state regulators and OHS professionals. If you need any assistance, do reach out to us today.

23 Feb 2021

Shining a light on ‘health’ in work health and safety.

Australian workplaces are acutely aware of the importance of matters of health and safety for their employees. From staff inductions to workplace signage, anyone who has ever been employed knows health and safety is an integral part of any positively functioning workplace.

Yet, historically, OHS measures have placed a heavier emphasis on the ‘safety’ arm of the health and safety umbrella.

Indeed, when we think of OHS, we tend to consider physical safety first, such as how to ensure employees can avoid physical injury when undertaking the duties of their roles.Additionally, despite being essential in every workplace, we often consider safety procedures as more important in high-risk industries, such as mining or construction.

But then good old 2020 arrived. The coronavirus pandemic forced habitual ways of thinking about OHS guidelines to drastically change.

While workplace ‘safety’ within either a physical or virtual environment was and will always be of high importance, the COVID-19 outbreak brought the ‘health’ in workplace health and safety into sharp focus. And this has only been a good thing for every worker.

Rapid change in the traditional workplace

In one of the most challenging and impactful moments the traditional workplace has seen for some time, businesses had no choice but to change the way they operated.

The unprecedented health implications a pandemic could have on an organisation’s workforce, and consequently, its potential impact on business operations, saw swift measures implemented across industries.

Employees were forced to pack up laptops, pot plants and post its and begin working from home. Essential workplaces and their staff had to develop new ways of working around social distancing laws, whilst maintaining productivity through increased use of enabling technologies.

These changes were solely made to mitigate the risk of their employees contracting the virus.

In an ever-changing environment where the only thing that stayed constant was a daily State Premier press conference, standard OHS procedures needed to become adaptable.

Employers had to, and indeed continue to, pivot to address new information and changing restrictions to keep employees healthy and business operations running. It became a reality that OHS compliance activities were a shared responsibility across organisational hierarchies, with constant communication, critical to ensure the health of all.

Safe Work Australia and the state regulators rose proactively to the task at hand. They worked collaboratively to prepare and share online resources, provide advice and equip businesses across Australia with the tools to assist them with COVID-safe management for their staff.

An important reminder of the importance of WHS

Whether employees were getting their heads around video calls at home or having to remember to maintain an adequate physical distance from colleagues on-site, this transparent and flexible implementation of new COVID-safe OHS procedures ensured many companies could continue to function to a high standard.

Most workplaces, if not before the pandemic, certainly now understood the integral role they played in protecting their employees from unnecessary risk to their physical health. Had Victorian workplaces in particular not been proactive in ensuring the health of their employees was paramount, possible impacts of the spread of the coronavirus could have been much more severe.

Consequently, COVID-19 – whilst being as welcome as a rude uncle at Christmas – genuinely also had a positive impact on how we tackle the health aspect of OHS procedures in our workplaces.

Worker health – both physical and mental health – comes into focus

The focus on illness prevention has become essential to all OHS matters as we continue to grapple with the effects of the pandemic today.

Face masks and hand sanitiser bottles have quickly become our welcome new employees, and we will continue to see a stronger emphasis on the prevention and protection from physical illness in the development of OHS practices.

In addition to physical health, mental health has been a growing area of focus in OHS over the past 10 or so years, with government advertising campaigns focusing attention on this key area in efforts to reduce the stigma employers and employees may experience when facing mental health issues.

2020 also saw a wonderful opportunity for workplaces to become much better at discussing mental health openly with their employees, and specifically about the psychological impacts the coronavirus pandemic may be having on them.

The impacts of COVID-19 have taught us that mental health risks must be properly managed just like any other physical health risk. With continued and constant change and uncertainty, organisational leaders are rightly concerned about the health and wellbeing of their employees.

We still do not know what the longer-term mental impacts 2020 will have on not only our employees, but on their colleagues, and also the people they love. This has broadened our thinking when it comes to workplace mental health and has assisted in putting OHS measures in place to address these potential impacts.

Worker health for business health

We understand at a deep level that a healthy and functioning workforce is critical to a functioning organisation. Common mental health concerns originating from the COVID-19 outbreak, whether staff are working virtually or physically, include an increased fear and anxiety around their employment status, as well as relationship and financial pressures.

There is a growing need to provide the support that addresses the impact these fears and anxieties have on an employee’s ability to report to work or focus on the job at hand.

Many companies have been proactive in seeking feedback on what can help employees mitigate their mental health challenges.

Having taken the time to talk to them face to face, conduct surveys or provide confidential psychological support, many organisations have flagged workplace flexibility, adequate technology, continuous health and safety training, and regular virtual learning opportunities as crucial to supporting their employee’s mental health.

By addressing these areas in OHS practices, businesses will be able to adequately support their most valuable asset as they navigate through ongoing change.

Taking a consultative approach toward better health

Indeed, information gathered directly from their employees is golden for businesses when used to implement a healthy workplace for the future.

By nurturing their employees, conducting regular check-ins, and encouraging them to talk about their mental health concerns, relationships are strengthened. With deeper levels of trust, issues can become more rapidly identified.

While many of the circumstances of the pandemic can be seen as negative, the increased visibility and action taken to put employee health – both physical and mental – and their needs at the forefront of OHS implementation is something to celebrate across workplaces at large.

And we are certainly due a celebration after the year we’ve had.

Companies that build and maintain effective systems to protect not only their employee’s safety but also their physical and mental health will be well-positioned to succeed during the economic recovery ahead.

After all, healthy and well workers make healthy and well workplaces.

In our ever-changing ‘new normal’, the renewed emphasis on staff health and wellbeing has been one of the more positive outcomes of this pandemic. This momentum must continue.

As workplaces in Australia and indeed across the world commit to a deeper and more holistic focus on the health of their employees, this will not only benefit the wellbeing of our most valued assets – our colleagues – but also will see our businesses succeed well into the future, whatever it may hold for us.

If you are seeking health and safety guidance or support for your workplace, our team of safety consultants would be happy to assist. Please reach out to us today

16 Feb 2021

Ergonomic hazards and risks: Our observations and recommendations

Typically, discomfort and injuries associated with poor ergonomic posture take time to manifest.

Over the last 12-months, spurred on by the enforced shift for many from office-based work, to home-based work, our consulting team has increased the ergonomic support and advice we provide – as clients looked for ways to manage the foreseeable hazard.

This period has highlighted to us the great importance of correct computer workstation posture.

To emphasise this, we wanted to provide an overview of common issues we have seen and provide some recommendations for approaches to take to avoid them.

1. Neck and shoulder discomfort

As a result of the worker being seated low in their chair. Effective posture will see you positioned so that your elbows are slightly above the top of your desk when seated (and shoulders relaxed). Seated lower than this required the worker to elevated through the shoulder to access their keyboard.

The common misconception when setting up your workstation is that you position yourself feet flat on the floor, with your knees at right angles; forget it.

The number one rule moving forward is to adjust your seated height, so that your elbows clear the top surface of your desk. If your chair does not adjust, place a pillow on your seat; if your feet are not comfortable on the ground when at this height, purchase a footrest, or locate a box.

2. One-side neck discomfort

As many set themselves up at home, they positioned their laptop in a position based on the video background – as MS Teams or Zoom meetings became a daily occurrence.

For many, the laptop has been positioned to either the right or the left side, meaning that we have rotated regular to this one side. As a result, we have built strength in the muscles on one side of the neck, and stretched the other side of the neck. This results in mis-alignment.

The cure, move the laptop from side to side (consider weekly as a minimum). Force the side you strengthen one week, be the side you stretch the next week. Allow equilibrium.

3. Lower back discomfort

For many, the absence of “water cooler” conversations, has resulted in longer periods of time being seated when working at home, compared to working from the office.

In addition to this, there is a common theme of not wanting to miss an email, or communication (i.e. MS Teams, Slack, etc.) when guidance has been to move periodically through the day.

One issue with prolonged seating is that the right-angle posture made, results in the shortening of the hip flexor muscle. As the hip flexor shortens, the pelvis starts to tilt forward, resulting in discomfort to the lower back.

To mitigate this, move. If you’re a manager, build trust with your team – let them know that if you expect an immediate response, you will contact them directly via phone. If you’re a worker, establish ways to move through the day. Can you stand up when on the phone, or in a video meeting?

General tips to better manage ergonomic risks

Along with these common issues, it remains important to monitor and adjust your workstation set up for optimal comfort and support.

Place your monitor at a height that allows the top third of your screen to be at eye level. If you are using a laptop, consider using an external keyboard and mouse, and raising your laptop screen to achieve the “eye-level” posture.

Your keyboard and mouse should stay within arms-reach. To help you achieve correct alignment, place your keyboard such that you can run a line from the tip of your nose, through your belly button, through your B-Key, through to the stem (or logo) of your monitor.

In addition, if your eyes are sore consider doing the following exercise multiple times through the day; Focus in on an object 20m (or more) away, for 20 seconds. The adjustment in focal length will provide the relief you have not been able to find.

The adjustments above are general in nature. If you do have a medically diagnosed injury, you are more than welcome to consider these suggestions. However, please seek and follow the direction of your treating practitioner.

Our service offering for ergonomic support

If you are looking for workplace ergonomics support, we do have a number of packages that include both virtual and face-to-face delivery.

We would love the opportunity to discuss our offerings, which include:

• One-on-one Ergonomic Assessments
• Ergonomic Training or Webinars
• Workstation Equipment Audits
• Online Training Modules

To find out more, contact info@actionohs.com.au or 1300 101 647.

25 Jan 2021

Newly released health and safety codes and legislation – January 2021

Critical Incident Response for Aged Care

A Serious Incident Response Scheme (SIRS) for residential aged care and flexible care services was introduced in December through The Aged Care Legislation Amendment (Serious Incident Response Scheme and Other Measures) Bill 2020 (Cth).

The amendments are intended to begin from April 2021 and see a two-stage reporting process introduced for certain incident types, like the notifiable incident processes required for workplace safety.

https://www.health.gov.au/news/announcements/bill-establishing-the-serious-incident-response-scheme-sirs-introduced-into-parliament-0

GHS7 Chemical Labelling
Australia officially began the transition from GHS 3 to GHS 7 on 1 January 2021. The transition period is for two years and will end on 31 December 2022.

GHS 7 introduces several changes to classification, labelling and safety data sheet requirements for workplace hazardous chemicals. In addition to these changes, the definition of ‘hazardous chemical’ has been clarified to ensure it captures all Category 2 eye irritants.

South Australia

A number of changes to the Work Health and Safety Regulations 2012 (SA) came into effect on 1 January 2021. This includes changes to air monitoring during asbestos removal work, chemical labelling, references to Australian Standards for lasers and pressure equipment, and minor updates for diving work.

Air monitoring for asbestos removal
WHS Regulations have been amended effect from 1 January 2021, making permanent the long-standing requirement in South Australia for independent licenced asbestos assessors to conduct air monitoring for asbestos removal under both Class A and Class B licences.

GHS7 chemical labelling
With the transition from GHS 3 to GHS 7 beginning on 1 January 2021, the Work Health and Safety Regulations 2012 (SA) have been amended to update references to the GHS and the transition period.

Lasers and Pressure Equipment
Work Health and Safety Regulations 2012 (SA) will incorporate amendments to update, and include, references the current Australian Standards for lasers and pressure equipment, effective from 1 January 2021, as follows:

Regulation 223 will reference:

AS 2397:2015 Safe use of lasers in the building and construction industry in place of AS 2397:2003 Safe use of lasers in the building and construction industry.

Schedule 5 Part 1 and Part 2 will reference:

AS 4343:2014 Pressure equipment – Hazard levels instead of AS4343:2005 Pressure equipment – Hazard levels

AS1200:2015 Pressure equipment instead of AS1200:2000 Pressure equipment.

Diving Work
From 1 January 2021, the Work Health and Safety Regulations 2012 (SA) will incorporate amendments to remove redundant standards referenced, improve clarity and correct minor errors.

Updated Codes
• First Aid in the Workplace: Code of practice 2020 (June)
• How to Manage Work Health and Safety Risks: Code of practice 2020 (June)
• Labelling of Workplace Hazardous Chemicals: Code of practice 2020 (June)
• Managing Electrical Risks in the Workplace: Code of practice 2020 (June)
• Managing Noise and Preventing Hearing Loss at Work: Code of practice 2020 (June)
• Managing the Risk of Falls in the Workplace: Code of practice 2020 (June)
• Managing the Work Environment and Facilities: Code of practice 2020 (June)
• Work Health and Safety Consultation, Co-operation and Co-ordination: Code of practice 2020 (June)
• Abrasive Blasting: Code of practice 2020 (June)
• Confined Spaces: Code of practice 2020 (June)
• Demolition Work: Code of practice 2020 (June)
• Excavation Work: Code of practice 2020 (June)
• Hazardous Manual Tasks: Code of practice 2020 (June)
• How to Manage and Control Asbestos in the Workplace: Code of practice 2020 (June)
• How to Safely Remove Asbestos: Code of practice 2020 (June)
• Managing Risks of Hazardous Chemicals in the Workplace: Code of practice 2020 (June)
• Managing the Risks of Plant in the Workplace: Code of practice 2020 (June)
• Preparation of Safety Data Sheets for Hazardous Chemicals: Code of practice 2020 (June)
• Spray Painting and Powder Coating: Code of practice 2020 (June)
• Welding Processes: Code of practice 2020 (June)

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

Tasmania

OHS Legislation – https://worksafe.tas.gov.au/topics/laws-and-compliance
OHS Codes of practice – https://www.worksafe.tas.gov.au/laws/codes

Victoria

Proposed Amendments for Provisional Payments for Workers’ Claim on Mental Injury

The Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Bill 2020 (the Bill) was introduced into the Legislative Assembly in November 2020.

Following the release of the Royal Commission into Victoria’s Mental Health System, the government made a promise to implement changes to reduce the delay in workers receiving support for mental health injuries that was extending out, on average, to 13 weeks.

The Bill seeks to introduce a 3-day notification requirement for mental injury claims and aims to provide workers with support within 2 days of the claim being submitted; a vast improvement from the average 13 weeks.

https://www.parliament.vic.gov.au/file_uploads/SARC_Alert_Digest_No.13_of_2020_ZJRs21ky.pdf
https://www.premier.vic.gov.au/better-mental-health-support-victorian-workers

Lead Regulation Amendments
Amendments to Part 4.3 (Lead) of the OHS Regulations came into effect on 5 June 2020.

Adjustments were made to the following:
• airborne lead exposure standard
• definition of lead-risk work
• frequency of biological monitoring
• blood lead level thresholds for removal from, and return to, lead-risk work.

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

New South Wales

Updated Codes
• Formwork Code of Practice 2020
• First Aid in the workplace code of practice 2020
• Excavation work code of practice 2020

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

Australian Capital Territory

Updated Codes
• Work Health and Safety (Abrasive Blasting Code of Practice) Approval 2020
• Work Health and Safety (First Aid in the Workplace Code of Practice) Approval 2020
• Work Health and Safety (Hazardous Manual Tasks) Code of Practice Approval 2020
• Work Health and Safety (How to Manage Work Health and Safety Risks) Code of Practice Approval 2020
• Work Health and Safety (Managing Electrical Risks at the Workplace Code of Practice) Approval 2020
• Work Health and Safety (Managing Noise and Preventing Hearing Loss at Work) Code of Practice 2020
• Work Health and Safety (Managing the Risk of Falls at Workplaces Code of Practice) Approval 2020
• Work Health and Safety (Managing the Work Environment and Facilities) Code of Practice Approval 2020
• Work Health and Safety (Confined Spaces) Code of Practice Approval 2020
• Work Health and Safety (Demolition Work Code of Practice) Approval 2020
• Work Health and Safety (Excavation Work Code of Practice) Approval 2020
• Work Health and Safety (How to Manage and Control Asbestos in the Workplace Code of Practice) Approval 2020
• Work Health and Safety (How to Safely Remove Asbestos Code of Practice) Approval 2020
• Work Health and Safety (Labelling of Workplace Hazardous Chemicals Code of Practice) Approval 2020
• Work Health and Safety (Managing Risks of Plant in the Workplace Code of Practice) 2020
• Work Health and Safety (Managing Risks of Hazardous Chemicals in the Workplace Code of Practice) Approval 2020
• Work Health and Safety (Preparation of Safety Data Sheets for Hazardous Chemicals Code of Practice) Approval 2020
• Work Health and Safety (Preventing Falls in Housing Construction Code of Practice) Approval 2020
• Work Health and Safety (Safe Design of Structures Code of Practice) Approval 2020
• Work Health and Safety (Spray Painting and Powder Coating Code of Practice) Approval 2020
• Work Health and Safety (Welding Process Code of Practice) Approval 2020

OHS Legislation – http://www.legislation.act.gov.au
OHS Codes of Practice – https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/4201

Queensland

Updated Legislation
• Safety in Recreational Water Activities Act 2011
• Safety in Recreational Water Activities Regulation 2011

Updated Codes
• Electrical safety code of practice 2020 – Electrical equipment rural industry
• Electrical safety code of practice – Works
• Working near overhead and underground electric lines – Electrical safety code of practice 2020

OHS Legislation – https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws/laws-and-legislation
OHS Codes of Practice – https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws/laws-and-legislation/codes-of-practice

Northern Territory

Updated Legislation
• Work Health and Safety (National Uniform Legislation) Regulations 2011 as in force 29 July 2020
• Northern Territory Environment Protection Authority Act 2012 – As in force 28 June 2020
• Waste Management and Pollution Control Act 1998 as in force at 28 June 2020
• Water Act 1992 – As in force 20 November 2020

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

Western Australia

Silica Health Surveillance
Businesses that expose workers to crystalline silica will be required to provide a low-dose HRCT scan, supervised by an appointed medical practitioner, instead of the previously required chest X-ray once the amendments to the Occupational Safety and Health Regulations 1996 come into effect on 15 April 2021.

Work Health Safety Act & Regulations
The Work Health and Safety Bill 2019 was passed by Parliament on 3 November 2020 and is awaiting royal assent. Work to develop the regulations will continue into 2021, and the WHS Act will not be operational until these have been completed.

OHS Legislation – https://www.commerce.wa.gov.au/worksafe/legislation
Codes of Practice – https://www.commerce.wa.gov.au/worksafe/approved-codes-practice

NDIS Worker Screening Check
A nationwide new worker screening process commenced from 1 February 2021 after Wester Australia passed the National Disability Insurance Scheme (Worker Screening) Bill 2020 (WA) in December.
Amendments to the following were made because of this Bill being passed:
• Spent Convictions Act 1988
• Working with Children (Criminal Record 19 Checking).
These changes allow the NDIS Quality and Safeguards Commission (NDIS Commission) to introduce, and manage, a nationally consistent Worker Screening Check (NDIS Check) and the NDIS Worker Screening Database.
All new workers, and current workers, are required to be checked through the system, with the transitional phase completed over December 2020 to 1 February 2021.
The checks and register look to determine if the worker has been excluded to work in any industries, and if they may pose a risk to work with a person with a disability.

https://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=1EE07E75B66CC858482585C2000D68FB
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd015

17 Jan 2021

How to host a COVID safe end-of-year celebration at your work

Around this time of year, we find that many businesses seek OHS guidance about how they can host a safe Work Christmas Party or end-of-year celebration. Our advice is more or less the same each year. We recommend you conduct a safety risk assessment at your chosen party location, manage alcohol carefully and the related hazards, and communicate clearly with your team about appropriate conduct and the rules of the event, to name a few.

Read about more key considerations for work parties here.

Whilst this safety guidance is still certainly relevant, this year there is a new consideration. You guessed it, COVID-19. From a work health and safety management and compliance perspective, you must take deliberate action to ensure you are hosting a COVIDsafe party for your team this year.

What are the key COVID considerations for your party this year?

Physical distancing

Physical distancing is still an important component of our ability to control the spread of coronavirus within the community. As such, you must ensure you pick a venue that allows for space – much more than usual that is. Venues will no doubt guide you in the number of patrons they can have in a space – but also be proactive about this and ask.

To help, ask your team to RSVP and stick to that RSVP so that you don’t have more people than you intended show up on the day/night.

Location & size

Leading on from physical distancing, you may also like to consider the size and location of your party. If you’re struggling to find a venue that will keep everyone in the same room, suitably safe and distant, without breaking the budget, consider having multiple smaller events or hosting an outdoor event this year. The likelihood of the coronavirus spreading outside vs inside is around 10 to 20 times less likely – so it’s a great plan if you can.

Consider having team-based celebrations instead of an “all staff” one. Think about outdoor venues like parks, the local footy oval, beaches, Botanical Gardens, or lawn bowls.

Cleanliness & sanitisation

Maintain a clean and sanitised work place for your team is a big part of any COVID safe plan out there. We’ve all become used to the concept of sanitising our hands or workspaces, and being mindful of touching our faces/then surfaces or people around us. It is no different at your end-of-year party.

First, ensure the space is clean and sanitised when you start – and, if possible, arrange for surfaces to be cleaned throughout the duration of the party. Second, ensure you have hand sanitiser and appropriate signage around the part space to remind people.

Sharing

Work events are often stand-up cocktail parties or bbqs, at which we might touch multiple glasses and plates throughout the night. There’s also commonly shared food at such events. However, this year, be mindful that it may be best to discourage the sharing of food, drinks, plates, cutlery and glassware, or touching multiple items, multiple times.

Consider ways that everyone can keep hold of their glass and reduce shared items. Perhaps a little charm around your glass, or people may bring their own. You may also choose a sit-down event, in which people use the items in front of them and eat a plated meal.

Lay the ground rules

With each and every one of these considerations, the most important thing is to ensure they are well communicated and understood by all attendees. Consider communicating this in a few ways, and request acknowledgement that your colleagues have read and understood the rules for the day/night.

Before the event, ensure you brief everyone (in person and/or in writing) on proper conduct and let them know about the rules for the event. At the event, use posters to remind people what you’ve already outlined.

Management of COVID-19 as an OHS hazard

At the end of the day, COVID-19 is a hazard that needs to be managed like any other in your workplace or at work-related events. When you conduct your risk assessment of the location of your work event, ensure that COVID is a top consideration.

Think about every possible way you can avoid the spread. Consider the points above as you plan what you will do, where you will go, how many people will be there, and how you can adhere to the relevant government and regulatory guidance.

Certainly, this is one end-of-year celebration we’ll all be pleased to attend – particularly for Victorians as they come out the other side of a longer lock down than most. We all need some time to rejuvenate, reconnect and relax, together as work mates and teams, after such a stressful and tumultuous year.

From the team at Action OHS Consulting to your team – happy end of year celebration! We made it!

If you need assistance with your COVID safe planning as we round out the year or perhaps as you plan to re-open and welcome your workers back, we’re here to help. Reach out to our team of OHS professionals today.

24 Nov 2020

Adapting to Industry Needs in a Time of Great Change

Work as we knew it has changed in some capacity for all of us. You might have found yourself logging into work from your living room each day, finding a plastic barrier of some kind between you and your colleagues or customers, fervently disinfecting surfaces before and after each shift, or watching your feet to keep a safe 1.5m socially distant space in place.

Indeed, whatever you do and wherever you do it, you’ve likely experienced some level of adjustment in your working day.

This hasn’t been easy for everyone. Yes, some have picked up speed quickly, adjusted and got on with it. But for others, change of this magnitude can bring about feelings that might demotivate us from pursuing our work the way we used to. Everyone is different.

But with such pervasive and, oftentimes, unsettling changes in our ways of working – across each and every industry – comes the need for work health and safety professionals, like ourselves, to adapt and change too.

As such, we’ve made some very necessary changes to the way we interact with our clients. Moreover, we’ve modified and refined our service offering in response to the fluctuating needs of the market in this strange and challenging time.

Read on for more about our observations of needs in the health and safety sector, and the changes we’ve made to suit.

Advisory support services

March and April this year felt like a scramble. Whilst every organisation out there attempted to find a new way of working as quickly as possible, we clambered alongside them, aiming to assist as the rules and guidance around us all changed.

Yet since the middle of this year, we’ve noticed a general sense of everyone ‘finding their feet’, so to speak. And with this, many businesses found the space to assess their operations and business functions, and find new and improved ways of working.

During this time, we received a heightened request for OHS advisory support services. Organisations started to see value in retainer programs, in which we provided “ad hoc” OHS support. In this way, our clients received the exact level of health and safety support they needed. Nothing more, nothing less.

Whilst for some, this arrangement involved reviewing COVID Plans alongside changing regulations and rules, it quickly expanded for some into supporting the wider ‘working from home’ workforce with OHS. As businesses were hit with increasing challenges, queries and concerns from staff working from home, this service was one that was greatly needed. It lifted the pressure on administrative or operational staff to be available and responsive to each and every request or call.

We have no doubt that this arrangement will be a trend that will continue as businesses continue to mobilise and engage a remote workforce for some time to come.

Virtual service delivery

Needless to say, and like many others, we took our services online. Whilst traditionally the consulting gig is a happy face-to-face, always-on-the-road, kind of arrangement, we’re now comfortably supporting our clients virtually via Zoom, Teams, FaceTime, or any other preferred platform.

We’ve been surprised by some of the unique ways that we can work around problems and still deliver in accordance with the needs of our clients. Some of the ways we’ve changed;

Audits, reviews and health checks have moved online. As part of this program of work, we have started requesting that clients provide a ‘video walk through’ of their working environment.
Workstation assessments have moved online. Following a dramatic increase the number of ergonomic assessment requests, as thousands of people started working from home overnight, our workstation assessments can be undertaken 100% virtually and contact free. This is something we hadn’t considered before, but has been one of the most popular and important services we’ve delivered in recent months.
Training has moved online. We’ve delivered training in OHS due diligence and introductory courses for managers and supervisors via Zoom. This has involved allowing groups to interact with one another as though they are in the same room.

No doubt, continuing to deliver our services online has also allowed us to work with organisations based in regional parts of Australia. Given the benefits of reaching these parts to assist with better work health and safety practices, we’ll be sure to continue this way of working well into the future.

Safety secondments or short term contracts

One of the by-products of the pandemic has been an increase in attention on work health and safety. In some organisations, this is the first time that many have seen their leadership teams make a concerted effort to understand work health and safety practices, challenges, and goals.

We believe that this may have contributed to another trend in health and safety. We’ve found that secondment programs or short term contracts are becoming increasingly common. As organisations see the value of proactively managing safety, they are also regarding such arrangements as a good entry point to kick start ongoing improved management or to further investigate opportunities for improvement.

This is why we’ve prepared our safety consulting team to support short and long term secondment needs from our clients. This allows our clients access to the immediate and highly value help they need in safety, whilst also allowing our consultants a chance to get ‘stuck in’ so to speak.

It is in this kind of work that we feel we can add great value. Our extensive experience can be harnessed to address the challenges of our clients, whilst also allowing us to get a good sense of satisfaction from embedding more established, sustainable, and meaningful health and safety initiatives.

Solutions in safety software

Finally, we turn to technology. The shifts and changes in workplaces has seen many organisations turning to technology to address new needs. This might have been video conferencing software, health and safety management software, or virtual Friday night trivia and gaming solutions.

But certainly, conversations about taking health and safety management online and into our OHS software, Safety Champion, have increased.

For many of us, we are no longer congregating together in a workplace, a central point. For some, access to intranets has become a challenge depending on IT security arrangements. Yet, there has remained a very real need to provide remote access to safety programs and to allow management teams visibility of how effectively that safety program is being implemented.

As such, our focus and development roadmap with respect to Safety Champion Software has slightly adjusted. We’re now focusing on supporting businesses to document communication with their “at-home” workforce; manage attendance at site, and, of course, appropriately manage the reporting of any suspected or actual cases of COVID-19 amongst the workforce.

Safety Champion is becoming one of the important pieces of tech for many organisations in our new world. Not just for those with a workforce at home, but also for those implementing strong practices around COVID safety with a workforce that continues to come together in a workplace.

. . .

When COVID-19 hit – like everyone else we’re sure – we worked hard to pivot and adjust our business to fit the changing needs of our clientele. This has shifted over time, as needs and rules have moved, and we’ve continued to review how we work regularly, so that we can best serve our clients.

We believe our refined mix of services are the ones our clients need most right now. And we’re prepared and ready to go. So, whether its health and safety advisory services, short and long term secondment offerings, virtual audits and health checks, virtual workstation assessments, or great COVID-ready safety management software, reach out to us today and let’s see how we can assist.

16 Sep 2020

3 ways to show your commitment to safety as a manager or leader

You have probably heard that the best way to lead is by setting the right example. For some of you, this might sound repetitive. However, leading by example is certainly the most effective way to make workplace health and safety a collective effort within your workplace.

Frequently, our clients tell us that even though they are aware of the importance of getting everyone involved in their health and safety practices, they struggle with keeping workers motivated and empowered.

The struggle often happens because people follow what they see – both in action and in attitude. This is to say that your workers won’t commit to your safety culture, if you – as a manager or person of influence – are not seen to be committed yourself.

This is important. It is imperative that leaders first consider – then reconcile within themselves – why the safety of their people is important to them, rather than ‘doing’ safety simply to comply with the rules.

In this article we will explain three simple strategies that you can adopt to both develop and demonstrate your commitment to safety, and to guide your workforce to do the same.

1. Interact with people in their place of work

Communication is an essential tool in safety management. Not only does communication ensure expectations and responsibilities are shared and understood, it also provides an opportunity for management to understand what is working, and what is not.

Yet, when you limit the communication you have with your operative workforce to a weekly or monthly meeting of a maximum of one hour (for example, via safety meeting or committee) you may find that your workforce see safety as something that is additional to their work, rather than the way you work.

Communicating about safety outside of these meetings and, in fact, embedding communicating about safety throughout your entire operations can help to ensure that safety becomes part of the way you work.

Start interacting with people about safety outside of set meetings, and in the operational workplace settings in your organisation. Walk around your various work spaces, and chat with your workers.

Make safety an explicit part of your ‘walk-arounds’. For this to be successful, you don’t need to formalise it. It does not need to be a documented inspection or an audit – this will occur at scheduled times. This is about walking throughout your operational facilities and watching people perform their everyday job, whilst you check in with them. You’re trying to learn first if they have any safety concerns and also whether they are aware of their commitments and focus areas in safety.

The important thing is to keep this interaction open and less formal. Your workers should feel comfortable to raise their concerns and not feel as though they are being monitored for bad behaviour or not knowing something.

Don’t perform a safety walk-around without first considering:

Be aware of your safety performance indicators. Play around in your Safety Management Software Reporting Module or your past reports. Analyse the key performance indicators (KPIs) such as which are the departments reporting the highest number of corrective actions, near misses or incidents.
Review your safety compliance planning and inspection documentation. Be aware of which tasks and compliance activities are overdue.
Ask the operations managers or team leaders if something is going on with regards to the health or personal life of one of their direct reports.

Having this information with you better prepares you to do your safety walk-around. You can address and/or anticipate conversations with workers. Additionally, you can properly respond in case you notice any unsafe practices that have led to an incident in the past, according to what you observed in your KPIs or what you had discussed with the team leader.

2. Have better safety conversations

As we said at the beginning of this article, the best way to make safety a collective effort is to lead by example. Therefore, think carefully about the quality of the conversations you are having around safety.

The kind conversations that take place during meetings or committees between you, safety professionals and workers will influence the conversations that are had between the front-line supervisors and the workers who report to them.

Be mindful that flippant or overly casual conversations may provide your workforce with insights as to whether you “truly” believe in your safety program. The trust you build in meetings can be instantly eroded with a flippant comment during Friday night drinks or any other time.

To make your conversations successful, you need to make sure that there is a two-way dialogue. You must give others, irrespective of their role in your organisation, the chance to express their opinions. They must also understand that you care about what they are saying. To do so:

Focus on the positive side of things. Often safety conversations only occur when something is not going well or a mistake has been made. Aim to change that pattern. Start acknowledging people’s achievements. When walking through your workplace, comment on the effective practices. When reflecting on your safety reporting and the performance of your established KPIs, identify which department or units are performing well, call it out, and congratulate them and their contribution.

Be empathetic and curious. Workers don’t intentionally go out of their way to injure themselves and/or their team members. Unsafe actions or behaviours often occur because there is something else circumventing or driving their behaviour away from the established control. Having safety conversations with your workers, asking questions so that you can fully understand challenges they experience, and/or showing care and interest in their personal wellbeing is vital. This will help you to proactively manage hazards, and introduce change, before an incident occurs. Remember, if you ask the question, listen. If you are start off thinking that they are already wrong before you’ve heard them, seek to understand prior to making that judgement. Challenging their view might lose trust, but being open to listen helps. Importantly, identifying errors in your system, or identifying if someone is under stress, at the workplace can save lives as well.

Don’t blame anyone. Instead, help people to realise their improvement opportunities. When starting a safety conversation it is important that the workers involved are given the opportunity to explain the reasoning behind their actions, rather than being directly criticised or blamed. This remains true even if it is directly after identifying an unsafe behaviour during a walk-around or incident investigation. It can be challenging at first. However, you are more likely to identify the root cause of the behaviour, allowing you to effectively address is. Additionally, if you want your workers to trust that you care about their safety and wellbeing, show them your support.

3. Do what you say

As a leader of your organisation, people are always watching you. So, be faithful to your safety message, in even the simplest ways.

This is not to say that you cannot make mistakes. However, you need to be careful that you are setting a good example regarding your safety commitment. This includes some of the more ‘basic’ aspects, such as wearing the proper personal protective equipment (PPE) during your walk-around, following the safety and health procedures when entering restricted areas and, ‘saying something if you see something’.

Avoid the trap of thinking that you don’t need to follow the processes and protocols that have been set – that they are for the team. This is a common error that leaders often make. And it’s one that usually results in poor safety management practices overall, and the perception of poor leadership.

Remember the saying: What is important to my manager is important to me.

If workers see that you ignore the safety processes that are in place, why would you expect them to see see their value and take them seriously?

Finally, remember that leadership is service and there is no safety without service. In other words, as a leader who is aware of the broader organisational health and safety goals, you can use your strengths, knowledge and position to support and encourage others towards these shared goals. The best way to demonstrate your commitment is by leading by example to help others to become safety champions.

15 Sep 2020

Newly released health and safety codes and legislation – September 2020

National

Quad Bike Standards

New quad bike standards mandatory requirements come into effect in October 2020. The mandatory requirements are introduced into stages.

https://www.legislation.gov.au/Details/F2019L01321

The standard that does not apply to Australian second-hand vehicles is introduced in two stages:

Stage 1 | 11 October 2020

All new and imported second-hand quad bikes to:

Safety comparison hang tag.
Durable risk of rollover warning label affixed to the quad bike.
Risk of rollover to be included in owner’s manual.
Meet certain requirements in the US or European standards.
Have a spark arrestor that conforms to the US or Australian standards.

Stage 2 | 11 October 2021

New and imported second-hand general use quad bikes to:

Operator protection device (OPD) fitted or integrated into its design.
Meet minimum stability requirements for lateral, rearward and forward static stability.

https://worksafe.tas.gov.au/quadsafe/about-the-new-quad-bike-standard-oct-2020#:~:text=The%20first%20stage%20of%20requirements,supplied%20from%2011%20October%202021

Victoria

Amendments to the OHS Regulations

Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020

A new temporary regulation was introduced 28 July 2020 to manage the reporting of workplace related COVID positive cases.

Workplaces including self-employed persons must notify WorkSafe immediately on becoming aware of a confirmed case of COVID in one of their employees, their self or an independent contractor or their employees.

https://content.legislation.vic.gov.au/sites/default/files/2020-07/20-078sra%20authorised.pdf

WorkSafe must be notified by phone immediately and then in writing within 48 hours through the online form. The process follows the same requirements as other notifiable incidents, apart from the requirement to not disturb the site, business should not delay introducing their COVID response cleaning.

Report a confirmed positive case of COVID-19 in the workplace

https://www.worksafe.vic.gov.au/report-confirmed-positive-case-covid-19

Lead Regulations

To coincide with the commencement of updated regulation on 5 June 2020.updated WorkSafe has released new guidance Lead: A guidebook for workplaces which replaces the former code of practice.

Amendments to Part 4.3 of the OHS Regulations include:

Changing the definition of lead-risk work.
Lowering the airborne lead exposure standard.
Updating requirements for the frequency of biological monitoring.
Reducing blood lead level thresholds for removal from, and return to, lead-risk work.

These changes may see workplaces having greater legal obligations and now needing to manage additional processes to meet these requirements.

https://www.worksafe.vic.gov.au/resources/lead-guidebook-workplaces

NSW

Amendments to the WHS Act

Amendment to the WHS regulations came into effect on 10 June 2020. Changes include:

Enhancement of the Category 1 offence by including “gross negligence” as a fault element.
Prohibition of insurance and indemnity arrangements.
Increased penalty amounts for all WHS offences.
More consideration and communication with families, including three (3) monthly check ins, extended 18 month timeframe to request prosecution and access to a review process for a decision not to prosecute.
Clarification that a Health and Safety Representative (HSR) can choose their course of training.

Amendments to the WHS Regulation

Amendment to the WHS regulations came into effect on the 7 August 2020.

Plant Item Registration

Clarified items of plant that are required to be registered and maintains the current registration period of 1 year.

https://www.safework.nsw.gov.au/licences-and-registrations/plant-registrations/plant-item-registration

Traffic control work clarified

Clarification that traffic control work includes directing traffic in accordance with a work zone traffic management plan with or without a stop/slow bat or boom gate.

New Penalties Notice Options

Additional existing offences can now be dealt with by way of a penalty notice:

failing to minimise the risk of an object falling on a person by providing adequate protections against the risk,
failing to take certain actions in connection with the use of scaffold at a workplace.

Link – Amendments to the WHS Regulation 7 August 2020

Work Health and Safety Regulation Amendment (Silica) Regulation 2020

Amendments came into effect on 1 July 2020 to ban the uncontrolled dry cutting of manufactured stone containing crystalline silica.

For further information on the controls that must be used, see Part 4.10 of the WHS Regulation and SafeWork NSW’s Crystalline Silica page.

Queensland

Amendments to the WHS Act

Minor changes to the Work Health and Safety Act 2011 (WHS Act), which will commence on assent of the Community Services Industry (Portable Long Service Leave) Act (the amendment Act), passed 17 June 2020.

streamlining right of entry dispute resolutions by removing sections 141A and 142A of the WHS Act, and
increasing the penalties for when there is obstruction, intimidation and threatening behaviour in the context of right of entry matters (sections 144-148) and generally in relation to inspectors (sections 188-190).

https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws/laws-and-legislation/minor-changes-to-the-work-health-and-safety-act-2011-2020-amendments

Tasmania

Excavation Work | Code of Practice | Feb 2020

https://worksafe.tas.gov.au/topics/laws-and-compliance/codes-of-practice/cop-folder/excavation-work

First Aid in the Workplace | Code of Practice | May 2020

https://worksafe.tas.gov.au/topics/laws-and-compliance/codes-of-practice/cop-folder/first-aid-in-the-workplace

South Australia

Revised workplace exposure limit for respirable crystalline silica

SafeWork SA will implement the nationally agreed workplace exposure limit (WEL) for respirable crystalline silica effective 1 July 2020.

https://www.safework.sa.gov.au/news-and-alerts/news/news/news-alerts/revised-workplace-exposure-limit-for-respirable-crystalline-silica

Northern Territory

Amendments to the Return to Work Act

The Northern Territory made amendments to the Return to Work Act 1986 and Return to Work Regulations 1986, these changes commenced 29 July 2020.

This amendment reverses a number of changes made to the legislation in 2015 and improves the operation of the NT Workers Compensation Scheme.

https://worksafe.nt.gov.au/laws-and-compliance/workers-compensation-laws/changes-to-the-return-to-work-legislation-2020

Summary of Changes:

https://worksafe.nt.gov.au/forms-and-resources/guides/summary-of-changes-to-the-northern-territory-workers-compensation-scheme-2020

New and revised Codes of Practice for the Northern Territory

Following on from Safe Work Australia’s review of Codes of Practice the Northern Territory has amended, adopted and rescinded a number of Codes of Practice, as follows;

New Codes

Abrasive blasting | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/abrasive-blasting2

Demolition work | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/demolition-work2

Excavation work | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/excavation-work2

Managing electrical risks in the workplace | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/managing-electrical-risks

Managing risks in stevedoring | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/managing-risks-in-stevedoring

Managing risks of hazardous chemicals in the workplace | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/managing-risks-of-hazardous-chemicals-in-the-workplace2

Managing risks of plant in the workplace | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/managing-risks-of-plant-in-the-workplace2

Safe design of structures | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/safe-design-of-structures2

Spray painting and powder coating | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/spray-painting-and-powder-coating2

Welding processes | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/welding-processes2

Amended Codes

Confined spaces | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/confined-spaces

Construction work | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/construction-work

First aid in the workplace | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/first-aid-in-the-workplace

Hazardous manual tasks | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/hazardous-manual-task

How to manage and control asbestos in the workplace | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/how-to-manage-and-control-asbestos-in-the-workplace

How to manage work health and safety risks | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/how-to-manage-work-health-and-safety-risks

How to safely remove asbestos | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/how-to-safely-remove-asbestos

Labelling of workplace hazardous chemicals | Code of Practice | April 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/labelling-of-workplace-hazardous-chemicals

Managing noise and preventing hearing loss at work | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/managing-noise-and-preventing-hearing-loss-at-work

Managing the risk of falls at workplaces | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/managing-the-risk-falls-at-workplaces

Managing the risk of falls in housing construction | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/preventing-falls-in-housing-construction

Managing the work environment and facilities | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/managing-the-work-environment-facilities

Preparation of safety data sheets for hazardous chemicals | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/preparation-of-safety-data-sheets-for-hazardous-chemicals

Work health and safety consultation, cooperation and coordination | Code of Practice | May 2020

https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice/work-health-and-safety-consultation,-cooperation-and-coordination

Rescinded Codes

Northern Territory Fatigue Management – Road Transport
Prevention of Falls in Construction
Control of Inorganic Lead at Work

NEWLY RELEASED CODES & LEGISLATION, AS AT MAY 2020

Safe Work Australia

Prohibited Asbestos Amendment

Safe Work Australia has introduced an amendment to the Model Work Health Safety Act and Regulations. This amendment sees the introduction of a Prohibited Asbestos Notice, that can be issued by the regulator with or instead of other improvement or prohibition notices.

https://www.safeworkaustralia.gov.au/system/files/documents/2003/model-whs-act-amendments-_9_december_2019.pdf

Explanatory Memorandum

https://www.safeworkaustralia.gov.au/system/files/documents/2003/explanatory-memorandum-whs-legislation-amendment-asbestos2019.pdf

Queensland

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2019

July sees the commencement of the final amendments to the being introduced to the Workers’ Compensation Act 2019, including:

Self-insured employers will be required to report injuries and payments.
Unpaid interns will be covered by workers’ compensation insurance.
Rehabilitation and Return to Work Coordinators training amendments.

https://www.worksafe.qld.gov.au/laws-and-compliance/workers-compensation-laws/laws-and-legislation/workers-compensation-rehabilitation-other-legislation-amendment-act-2019

Victoria

Preparing for a pandemic | A guide for employers

https://content.api.worksafe.vic.gov.au/sites/default/files/2020-04/ISBN-Preparing-pandemic-guide-employers-2020-04.pdf

Northern Territory

Proposed changes to Return to Work Legislation 2020

NT WorkSafe have tabled The Return to Work Legislation Amendment Bill 2020 in parliament during February 2020. The changes proposed see a number previous changes introduced in 2015 being reversed. Key proposed changes include:

Expanding the number of diseases and conditions, including PTSD for first responders.
Claims in relation to journey and travel in relation to call outs are included
Changes to meaning of worker and a blanket approach to Labour hire workers are all classifying them as employees for insurance purposes.
Introduction of a number of changes to payments, including over payments and caps placed after certain periods.

Summary of Changes:

https://worksafe.nt.gov.au/__data/assets/pdf_file/0007/796462/2020-Return-to-Work-Act-Summary-of-proposed-changes.pdf

New South Wales

New Codes;

Excavation Work | Code of Practice | January 2020

https://www.safework.nsw.gov.au/__data/assets/pdf_file/0019/52147/Excavation-work-COP.pdf

First Aid in the Workplace | Code of Practice | January 2020

https://www.safework.nsw.gov.au/__data/assets/pdf_file/0015/52152/First-aid-in-the-workplace-COP.pdf

08 Sep 2020

OPINION | Applying lessons learned from the Melbourne hotel quarantine bungle in our own OHS practices

“…Those Who Do Not Learn from History Are Doomed to Repeat It.” – George Santayana

I am sure that you have seen this quote before – or slightly different versions of it. When reviewing the apparent failings in the handling of the COVID-19 hotel quarantine scheme in Melbourne, this quote quickly springs to mind.

If ever there was a time to take lessons from the past and apply them in practice to avoid similar catastrophic outcomes, it is now and this situation.

I penned this article because I believe we can learn from some of the shortcomings I see, with respect to the management of this scheme. I will draw out key lessons that can be applied in our workplaces, to help us avoid repeating the some of the mistakes made in health and safety management in this so-called hotel quarantine bungle.

Note, I do not have inside sources. My understanding of what has occurred is based on the dialogue shared from multiple news and media sources. Whilst more information with respect to what happen will no doubt be shared at a later stage following the inquiry, the intention of this article is to use a practical and current example, to walk you through how the risk management approach could be applied in this instance, with the information at hand.

As you read this article, my hope is that you will be more comfortable with the risk management process, allowing you to confidently improve safety performance at your workplace.

What were the [reported] mistakes?

In late March, the Victorian Government awarded security contracts for the hotel quarantine scheme to multiple private based security firms. The scheme was designed to safely house people returning to Australia in compulsory COVID-19 isolation in various hotels throughout the city, to avoid any community spread from possible positive COVID-19 cases.

However, due to the reported mismanagement of the scheme, it has been suggested that Melbourne’s COVID-19 July second-wave could be traced to people in these hotels.

Whilst there is a current Government inquiry into exactly what occurred, some information (whether real or speculated) has been revealed. That is:

Security workers were recruited on an adhoc basis, with some recruited through ‘cold-calling’ or via a mobile phone text.
Security workers were given very little training in how to manage what were potentially difficult and high-risk clients, confined to their hotel rooms for two weeks.
Security workers were given no or little training in relation to physical distancing.
Security workers were given inappropriate amounts of Personal Protective Equipment with little training about how to use it correctly. In many cases security guards were forced to reuse single use masks.

Certainly, the full extent of these failings will be determined in the inquiry, we can deduce from the information at hand that problems may have resulted from three main shortcomings:

the wrong person for the job,
a lack of training and information to enable workers to do the job safety and properly, and
a lack of equipment to enable workers to perform their tasks safely.

What can we learn in relation to safety in our workplace?

This example presents a very stark reminder to all of us about effective health and safety management.

1. The first is that effective safety outcomes at work don’t just happen!

It takes explicit consideration of:

(i) what could go wrong (i.e. how the work [hazard] could injury and/or harm a workers, contractor, visitor, or the public); and

(ii) what practices you will implement to manage this injury and/or harm from occurring (i.e. what are your controls).

When looking to establish controls, consider compliance codes and what others are doing to manage the foreseeable hazard.

To support consistency, allow future reflection, and ensure knowledge is not lost; consider documenting the agreed procedures.

2. The second is to be thorough when identifying and assessing controls

This scenario has demonstrated that not only should businesses consider the controls, they should consider both “how” and “why” workers “could” or “would” circumvent the controls. It is accepting that if you stop at the first identified control, whilst “academically” it may sound effective, in reality it may not be “implemented”.

In this situation, Safety as Imagined = Effective; whilst Safety as Done = Ineffective.

When challenging controls, I have always found it beneficial to ensure you have one or more people playing devil’s advocate. Business often don’t dedicate the time to risk management that they should.

Life experience tells us that rules are made to be broken. Consider using this foresight at the risk assessment stage, rather than settling for the first identified control just so you can move onto the next task. It may save you time now, however, it is sure to see you spending much more time in the future.

3. The third is to upskill your people!

Not only is it important to find the right people for the job; but once you have done this, workers need to understand the potential hazards associated with their work, and the controls that have been established.

Rather than reciting rules to your workers [for them to remember], engage them in fully understanding the hazards and controls through communication, discussion and training.

If you can’t explain why the control is important, and how it will assist in managing the hazard, perhaps, you have not found the right control yet, or, it’s not a safety hazard you are trying to manage.

I have often found that explaining the “why” and “how” to be more effective when discussing hazards and controls. Why? It better resonates with the workforce and allows you to really explore and understand what is happening. If you understand something, you really know it. Yet, if you are simply reciting rules, this may not stick.

4. The fourth is to monitor your efforts and learn

This step will allow you to respond to danger signals early.

When monitoring, don’t take any breakdowns or failures identified in your controls as a negative. Consider these an opportunity to improve. And if your monitoring efforts are not picking up any breaches, revert to point 2.

Just how much harm may eventuate from any failures in your controls will vary. Sure, you may get lucky and nothing will happen. We hear this often. However, in addition to managing against harm and/or injury, a risk assessment can improve productivity and reduce downtime.

Where to start?

Though the safety journey can be daunting, it is critical. Often a big challenge for business owners and leaders is getting a good picture of safety in your organisation and then taking the first step.

How do you eat an elephant? I bite at a time. Clearly, no one is encouraging dining on these fantastic animals, but it’s good advice about how to tackle a huge, overwhelming project. Break down what is required into bite sized pieces, prioritise and then address each in turn.

Certainly, the presence of COVID-19 in our world presents a great opportunity for all business to review the time they explicitly put into managing safety. All organisations, across all industries, are now required to have an established “COVID safe plan” that keeps their people and the broader community safe.

As such, consider COVID-19 is as another hazard. One to be addressed in a similar fashion to any other hazard. Perhaps your team could schedule time to look at how you manage other hazards?

Then, whilst you’re at it, consider the risks to the health and safety of the people in your workplace. Ergonomics. Fatigue. Manual Handling. Forklifts, Mobile Plant or Traffic Management. Occupational Violence or Bullying. The list goes on. And put steps in place to mitigate those risks.

Let’s keep in mind that whilst mistakes can be made, lessons can always be learned. So, take some time away from your regular work and sit down to consider how you can apply these lessons to your work health and safety practices and protocols. Even just considering the simple steps outlined above can do wonders when it comes to protecting the people in your workplace from unnecessary harm.

09 Aug 2020

COVID-19 – Your OHS FAQs answered

The effects of the COVID-19 pandemic on workplaces and the way we work across Australia have been profound. Apart from the impact on jobs and the level of business activity, many of us have become entrenched in a ‘strange’ new world of working from our home offices, kitchen / dining tables or (in the worst case) lounges.

For those of us who have continued to work at worksites you’ll surely have noticed several changes reflecting a focus on continuous cleaning and disinfecting regimes, as well as social distancing measures.

In this article we answer some commonly asked questions in relation to how employers and leaders can position their workplace to best address some of the key work health and safety, COVID-specific challenges that are likely to arise in the coming months ahead.

What can I do to support my employees to return to a safe workplace?

It is also being widely speculated that many workers will wish to continue to work from home when we return to work (KPMG May 2020). Of course, many employees will come back to workplaces, particularly those who are in customer facing roles or who work on remote sites.

For many organisations there remains a need for work to be conducted in workplaces. So there workplaces will be keen to get back into it. As such, over the coming weeks some businesses will see their employees return in some capacity or another.

Many people will be nervous about travelling to and from work on public transport (in spite of social distancing laws) and working in close proximity to colleagues.

So, it will be critical to ensure a systematic approach to controlling the COVID-19 related risk and ensure that infections do not appear or recur.

At a minimum, consider doing the following to achieve this:

Ensure that a cleaning program is in place which involves daily (or greater, depending on your business) sanitisation of commonly used areas (lift buttons, counters, kitchen benches, foyers etc). For service based workplaces such as retail / food outlets this may include cleaning every few hours or even hourly. This will be especially important if ‘hot desking’ is to continue.
Ensure that ample supplies of personal cleaning equipment are available to employees. Consult with them in determining what these should be.
Protect your workers by aligning them in teams so that in the event of an outbreak, reinfection is minimised. Support spreading commuter loads on public transport by (where possible) staggering start and end times for workers.
Provide signage and direction to ensure that social distancing rules are maintained.
Consider banning visitors from your workplace. Or, if you must have visitors, provide sanitiser for them (as well as your workers) to use upon entering and exiting your workplace. Screen them to ensure that they are feeling well.
Mandate all workers who do not feel well must remain at home and encourage them to get tested for COVID-19.
Be prepared to close the workplace down and send all workers home in the event of a worker in the workplace developing COVID-19.

These and other steps should be implemented in a systematic and planned way and constantly monitored and reviewed to ensure that the overall risk is controlled. On line web based OHS Management platforms such as Safety Champion will make this job easier and allow easier reporting and management of COVID-19 related issues

How can I get my workforce involved in our ‘new normal’?

It is important to involve your workers when making decisions about how to return to work or any other changes you are making to manage COVID. Additionally, continue to involve your workers over time so you can monitor the effectiveness of what you are doing and adjust, as required.

Involving your team in the design of control initiatives, inspecting workplace(s) to ensure that implemented controls are still in place, and encouraging stakeholders to report issues including breaches of the rules, and taking action to resolve these are essential to manage this risk.

What can I do to ensure our employees are mentally ok with returning to work?

It is likely that many of us will all be nervous coming back to workplaces. In addition, those who have remained at work may be nervous about their colleagues returning.

Steps that could be taken to assure nervous employees may include:

Permitting employees in non-customer facing roles to remain working from home and checking in frequently to determine a future return date.
Empowering employees to determine their work start times to facilitate travel on less crowded public transport. Blended wok days incorporating home and office based work may also be an option.
Ensuring that employees, no matter how senior, who breach COVID-19 control rules are appropriately counselled not to do it again. This would include immediately sending employees who present with cold/flu like symptoms.
Supporting what is being done to control COVID-19 with signage and visible direction. Visible examples of your commitment to managing the COVID-19 risk will be constantly reassuring to your employees.
Ensuring ongoing communications with your employees to listen to their concerns take action to address them in consultation with their colleagues and review the effectiveness of what is done.
Employees who are distressed about returning to work may benefit from assistance from a mental health professional via an Employee Assistance Scheme or similar

If one of my workers contracts COVID-19 at our workplace – or worse, there is an outbreak – what are the OHS legal ramifications?

An outbreak of COVD-19 in your workplace will have a dramatic effect on your business – a shutdown and deep clean would be an immediate consequence. From a legislative point of view, you may be liable for not providing a safe workplace for your employees if you do nothing to manage the risk of infection in your workplace.

What about industrial manslaughter law – does this apply to COVID?

In addition, industrial manslaughter laws (relating to Employers and associated Company Officers) are coming into effect in Victoria in July 2020. Similar laws are already in place in other states around Australia (Queensland, Northern Territory, and the ACT).

If you are a Company Officer, the best way to avoid an Industrial Manslaughter and workplace safety related prosecution will be to ensure that preventative steps are taken to control COVID-19 in your workplace in a systematic way (see above). In any case, an employee testing positive may also eventuate a worker’s compensation claim, which could affect your premium and cost you money.

Read more on industrial manslaughter law and what you need to know here.

What are my responsibilities to my team who continue to work from home?

State and Territory workplace safety laws across Australia are based on the duty of an employer to provide a safe workplace. This duty extends to an employee if they are working from home. Employers have choice as to how extensively they satisfy this duty.

Yet, there is some uncertainty as to where an employer’s duty to safety of their works ends.

Some employers may supply workstation and ergonomic equipment to ensure that the worker is set up in a safe home office. Whilst others may require the employee to manage their own equipment needs and workstation setup.

Yet, the latter approach places the employer at increased risk of breaching their duty as it leaves greater chance of a worker developing an injury due to poor workstation setup.

At a minimum an employer should ensure that a worker has a suitable home workstation, knows how to report a safety issue and to whom, has a home office evacuation procedure in place, has a first aid kit, fire extinguisher/smoke alarm at home and that some form of protection against electrocution from faulty office equipment is in place.

It is a good idea to get all workers working from home to complete a ‘working from home checklist’ specifying these items are in place and also to sign a documented ‘working from home agreement’ so that all parties are clear on when work from home will be taking place.

Also revisit the agreement on an annual basis. All work-from-home employees should redo the checklist before resigning the agreement. Having these basic steps in place will provide comfort that work from home is being managed adequately.

What should I be thinking about to plan ahead?

Some of the challenges that employers may have to face in the not too distant future include – but are not limited to – the following:

Psychosocial hazards. Where will the dividing line be between a work-based and home-based psychosocial related injury? Employers should be very aware of emerging hazards in this area. Consider a proactive response strategy in which workers are constantly monitored for stress levels and counselled for home-based issues that may impact workplace performance.
Hours vs Output. Will the focus of work have to change from a time based 8-hour work day to one where outcomes are measured? Will management of workers need to be reviewed in order to avoid the creation of undue stress? While the technology exists to monitor output by keystroke rates etc. will this be the best way to ensure a productive workplace and a happy worker?
Working Together. How will team-based work be managed with some workers working from home and some from work? How will appropriate distances be upheld? Will there be a risk of screen overload through online meetings and how will this be managed?
Infection Control. For industries for which infection control is critical (such as Aged Care and Hospitality) how will employee infection control skills be raised quickly and in a cost-effective way? How will the risk of infection be adequately controlled?

Concluding remarks

As OHS professionals we have been excited (not in a weird way) by the challenges presented to us following the COVID-19 pandemic outbreak. For, arguably, the first time a specific workplace safety issue has been in the headlines for more than one day!

We are also impressed with the way that workplaces have responded resulting in rapid and effective control of COVID so far. Workers and managers at all levels of organisations have consulted and worked together to demonstrably minimise the risk.

We need this passion transferred into other safety areas!

Adopting the practice of identifying workplace hazards, assessing risk associated with them, implementing controls to manage the risk, and reviewing effectiveness of these controls, as was shown for COVID, works in making your workplace safer. And this works best if company owners and executives lead!

We at Action OHS Consulting want the passion to continue and want to support you all to ‘do a COVID’ for other safety challenges your workplace faces.

Resources to support a COVID-ready return to work

Contact Action OHS Consulting if you need specific advice in relation to opening up your workplace post COVID-19, or if you need assistance in managing your workforce from home. Alternatively check out the following websites for specific technical advice:

Safe Work Australia COVID-19 information

Environmental cleaning and disinfection principles for COVID-19

Department of Health – COVID-19 infection control training – Although designed for health care workers it may be useful to get workers to undertake, especially if they handle food and serve clients.

02 Jun 2020

Industrial manslaughter law – What you need to know

In Victoria, from July 1 this year, the consequences of a workplace fatality will become far more serious for employers who are not providing a safe workplace. This date marks the passing of the Workplace Safety Legislation Amendment Bill 2019 – Workplace Manslaughter into law.

This will bring Victoria broadly in line with industrial manslaughter legislation in Queensland and the ACT, while similar laws are mooted to follow in WA and the Northern Territory.

Senior OHS Consultant, Stephen Pehm, outlines what you need to know about this legislation as an employer or leader, along with considerations for strengthening your workplace health and safety practices.

An overview of the legislation

This Workplace Safety Legislation Amendment Bill 2019 – Workplace Manslaughter lists the following objects (New Part 5A Section 39a);

prevent workplace deaths
deter persons who owe certain duties under Part 3 (general duties)
Reflect the severity of conduct that places life at risk in the workplace.

The legislation aims to realise these objects by defining the offence of workplace manslaughter through negligence contributing to the death of another person (New Part 5A Section 39G).

The purpose of these new amendments is to hold the workplace parties with the power and resources to maintain and improve safety – namely employers and Corporate Officers – to account if a person (including a non-employee) is killed in their workplace as a result of unsafe work practices being carried out.

For a conviction to be recorded it would have to be proven that the death was directly due to the negligence of the employer or Corporate Officer in maintaining workplace safety.

Negligence is defined in section 39 (E) as “a great falling short of the standard of care that would have been taken by a reasonable person in the circumstances in which the conduct was engaged in.”

It would also have to be proven that the negligence occurred for a high-risk work activity which caused the harm. Note that these may include psychosocial and illness based risk related activities and may be applied retrospectively.

A brief overview of the penalties

Penalties for industrial manslaughter are significantly more serious than those currently in place for conviction under the Victorian OHS Act 2004 (up to five years goal and $3.2 million fine (20,000 penalty units) for a corporation ($290 thousand – 1800 penalty units – for an individual).

If you are convicted under the industrial manslaughter legislation you may be imprisoned for up to 20 years and fined $16.5 million (100,000 ‘Penalty Units’).

If charged with industrial manslaughter, a court would need to be satisfied of three factors before making a finding of guilt:

whether there was negligent conduct;
whether there was a breach of a safety duty; and
whether the conduct and breach lead to the death of a person.

OHS advice for next steps

The most effective way that an employer can avoid a prosecution under this legislation is to ensure that a safe workplace is provided for all work activities and that effective workplace safety based consultation is taking place.

For a safe workplace to be provided all high risk activities being carried out by that employer must have demonstrably effective safety controls in place to ensure that the risk of serious harm or death were minimised as far as is reasonably practicable.

Such controls would broadly include:

Systems of work in place that specify how work tasks are to be carried out safely;
training of all workers to carry out their tasks safely, follow safety rules, engage in meaningful workplace consultation about hazard control and report all safety related issues / participate in safe resolution of these issues;
Use of standards compliant equipment and personal protective equipment where applicable all of which is maintained as per manufacturer’s instructions;

In addition, it would have to be demonstrably clear that all workplace parties were regularly discussing emerging and existing safety related risks and monitoring the effectiveness of controls.

Evidence and appropriate action

Having a system in place for ensuring the outcomes above are actively being achieved with evidence gathered to prove what you are doing so is the easiest way to avoid an industrial manslaughter prosecution.

All of the above activities require all workplace stakeholders – that is, executives, managers, supervisors, and employees/contractors/visitors – to be aware of their responsibilities and carry them out effectively. In addition, evidence should be gathered and monitored to demonstrate that everything is under control and that the risk of a workplace incident is not just around the corner.

However, it can be difficult to ensure that all stakeholders have access to the data and information they need at all times. Plus keeping track of the evidence across complex workplace settings can be challenging.

While maintaining a paper based system or similar is OK, it can be considerably easier to manage your workplace safety obligations using safety management software. For example, Safety Champion will enable much easier storage and retrieval of information and allow easier monitoring that all of the workplace stakeholders are doing what they are required to.

Corporate officers – personal practices

As a Corporate Officer you can best avoid a prosecution for industrial manslaughter by being actively aware of and engaged in the state of safety in your organisation.

If you cannot be confident that your organisation is actively working towards a safer workplace and no one in your organisation can show you evidence of this happening, then you are at risk of being prosecuted in the event of a workplace incident resulting in death or serious injury occurring at your workplace.

Consider these questions;

Do you know what is happening across your work activities from a safety perspective or who is accountable for overall implementation of the system?
Are you aware of how many workers have been injured, made ill or nearly been injured from workplace activities?
Do you know what your WorkCover premium is and how many active WorkCover claims you have?
Do you or a colleague at your level regularly attend consultation meetings and do you monitor their outcomes?

Being aware of information such as this can act as the ‘canary in the coal mine’. If you choose not to get up to speed on what is happening in regard to workplace safety across your organisation, or to instigate steps to implement safety, then you increase your risk of being prosecuted for industrial manslaughter should someone be killed or seriously injured by the work you carry out.

If you require any assistance with your OHS management system, please reach out to us. Additionally choose from our suite of upcoming training courses to boost your OHS skills, knowledge and capabilities.

To learn more, seek information from your local workplace regulator or trusted legal firm, or;

WorkSafe Victoria: Victoria’s new workplace manslaughter offences

AICD: States toughen WHS laws with new industrial manslaughter offences

02 May 2020

Special Guidance – Working from Home

To help you and your workforce be productive and work in a collaborative way, it’s important to plan and understand that some changes in ways of working are required. Whilst this can be confronting, if adopted with the right attitude, it does provide opportunities for business improvements.

To help you get started, below are some steps for consideration

Resetting what was normal for your team

When you go remote, it’s worth taking the time to get together as a team and explicitly articulate what your social norms currently are, and how these may need to change now that you’re working from home. Start with a remote kick-off meeting to agree on expectations around communication, response times, and working hours. Document these.

For example, you might agree to simply turn-off chat notifications when you need an hour of undisturbed time. Or change your status in chat to “in a meeting” when you’re on a call, so teammates know not to expect an immediate response.

Consider others

Working from home means relying more on writing as a form of communication. We lose tone, nuance and the ability to utilise non-verbal cues when communicating by phone, email or chat.

To avoid potential misunderstandings, it’s therefore super important to be empathetic and assume positive intent. It’s also why some consideration should be given to, when possible, turning your camera on when meeting with others.

Recognise that this time (i.e. COVID-19) is new for many. Workers may be currently challenged with the changes in both their work-life and home-life. This is the time to be empathetic with your colleagues. Put yourselves in their shoes and be patient. The distraction of work can be helpful. But we all need to remember to put our fellow employees first!

Exercise Trust

We will be learning a lot from this experience and should be open, and collaborative, to ensure we are adjusting our work and personal styles to this situation. Considerations to support trust being maintained:

Avoid applying the “seat being warm” mentality to how quickly someone responds to an email, phone call or message. Conversely, don’t feel you need to respond to every message to show that you are on task or at your desk, as this is a great way to not get any work done.
Working remote means relying more on asynchronous communication as our primary way of communicating. Simply put, this means not expecting an answer immediately.
For managers, focus on the work product as the way of measuring performance.
For individuals, be intentional about your schedule (if your role allows) and set aside time for email and heads down work.

Working from home requires you to manage your own time, be self-motivated, disciplined, and organised.

Introduce virtual stand-ups

When you’re not chatting with your teammates face-to-face, it’s harder to keep track of what everyone is working on and what’s coming up next. That’s where stand-up meetings come in. This ritual from the agile world helps you stay on the pulse and can easily be done over a video call. So it doesn’t become a distraction, you should aim for it lasting no more than 10/15-minutes. Each person briefly shares:

What did I work on yesterday?
What am I working on today?
What issues are blocking me?

These shares highlight progress and help flag team blockers. Also, it strengthens the team when everyone shares the progress they’re contributing to the team. The daily reinforcement of sharing individual successes and plans keeps everyone excited about their overall contribution to the organisation.

Typically, teams hold stand-ups at the start of each day. This works great for teams that churn through lots of granular tasks each week. If your work is oriented around longer-term projects, you might find that weekly or twice-weekly stand-ups are sufficient. It this is new, focus on the purpose of the stand-up, that being keeping everyone in your team aligned; and the process (i.e. frequency, length, conversation, etc.) will fall into place.

Stay connected

While you won’t have the water cooler anymore, you can still foster great relationships with your fellow workers, you just need to be intentional about it, and show some curiosity.

Here are some ideas that you can put into practice:

Host a regular team or organisation happy hour virtually
Have coffee with someone virtually – say 10:30 am. Once the coffee is finished, the meeting is closed
Use WhatsApp, Slack, Microsoft Teams to create new “water cooler” channels for connecting socially with your team.

Setting yourself up at home

Maintaining your usual morning routine puts you in the right frame of mind for work – this means getting out of your pyjamas, showering and getting ready for your day the same way you would as if going to the office.

A dedicated space for working is ideal. But if you’re not set up for that, choose a spot in your home with minimal distractions, comfortable seating and where possible, some natural light. Avoid your bed or couch where possible. Working in the same place you sleep is poor sleep hygiene and is not recommended. Your brain starts to associate your bed with being alert and productive (who knew!) … not to mention what it does for your posture! For more information on posture take a look at the section “Now to your ergonomics…” below.

Create a schedule. It may seem simple, however, set yourself reminders or block out time in your calendar to focus your attention towards a particular task or project; and ensure you schedule in breaks. Stand up and stretch. Fix yourself a cup of coffee. Unload the dishwasher. Five minutes is all it takes to refresh your brain and get ready for another round.

Importantly, have a conversation with your family or housemates. Working from home is different, and family or housemates may see this as an opportunity to spend time with you, and involve you in their day. Whist this can be fun at first, in the long run, it can be a distraction, and make it difficult for you to work effectively.

Set “rules” and/or structure. Can you work with a door closed, meet them in the middle by stopping to have lunch with those under your roof? If you find yourself “patenting” or “caring” for housemates – communicate this to your manager. That way you can discuss how you will manage your expected outputs.

Now to your ergonomics…

Focus on setting your workstation up safety. This will help reduce aches and pains – often experienced in the shoulders, neck and back.

Previously, the Action OHS Consulting Team has developed some tools to assist workers to self-assess their workstation set-up, and we want to share these with you:

Ergonomic Assessment – Non-Height Adjustable Desk | https://www.actionohs.com.au/wp-content/uploads/2012/01/Ergonomic-Assessment_For-Non-Adjustable-Desk.pdf
Ergonomic Assessment – Height Adjustable Desk | https://www.actionohs.com.au/wp-content/uploads/2012/01/Ergonomic-Assessment_For-Adjustable-Desk1.pdf

Working off a laptop?

If you’re using a laptop, you may need to be creative. If you can access an external keyboard and mouse, raise your laptop so the screen is at eye level. You may find some purpose for that cookbook that has been collecting dust in your kitchen.

Don’t have an adjustable chair?

If you don’t have a height adjustable chair, you may need to consider using pillows to increase your height in your chair, so your elbows are at the height of the desk. This will reduce strain on your shoulders and neck. If your feet are not on the ground, grab a box – and place your feet on the box.

Discomfort in the lower back, roll up a towel to create a lumbar support.

How we can assist

Since 9 March 2020, as workplaces commenced instructing workers to work from home, there are a number of initiatives that we have worked on with clients to support this transition. These include:

Remote Workstation Assessments, where we have provided advice via interviews, photos or surveys.
Instructional videos that can be shared with workers to outline how they can actively set-up their workstation safely when working from home.

In addition, we have scheduled a number of webinars that will provide you and your team with information outlining how we can all work remotely safely. Review out upcoming webinars here: https://www.safetychampion.com.au/webinar/

This assistance is in addition to our comprehensive and proactive workstation assessments, and Online Module: Safe WorkStation Setup. So, rest assured, we have got you covered.

If you have any other suggestions or identified things that have worked for you or your team, we would love to hear from you so we can build on this list.

18 Mar 2020

Prosecutions: 2019 Summary of VIC and NSW Data

Workplace prosecutions are something that health and safety practitioners, and business leaders should maintain current awareness of. Why? Because you have a legislative duty to acquire and keep up-to-date knowledge of work health and safety matters relevant to the nature of your operations.

In addition, the terminology reasonably practicable, means that you should consider the likelihood and degree of harm a hazard or risk could have. Whilst there may not have previously been an incident at your workplace, if a significant incident has occurred across your industry, it is something you should be aware of.

For the fifth year in a row, Action OHS Consulting has taken some time to collate and review the data available from WorkSafe Victoria and SafeWork NSW.

Used effectively, the provided 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.

This article provides an overview of the prosecutions from 2015 through to the 2019 calendar years.

Prosecutions: Numbers and Related Legislation

Calendar Year 2019 saw a total of 137 prosecutions against the Victorian health and safety legislation, whilst in NSW the number of prosecutions was 37.

***Note at the time when this report was produced, zero (0) prosecution had been listed on the SafeWork NSW website – should this change, this report will be updated accordingly***

When compared to the previous year, there has been a 4% increase in Victoria and a 22% decrease in NSW. With respect to NSW, the prosecution in the current calendar year, align with the number of prosecutions in calendar year 2016 and 2017 where there were 35 and 27 prosecutions respectively.

Within Victoria:

121 prosecutions were recorded against the Occupational Health and Safety Act 2004 only
1 prosecution was recorded against the Occupational Health and Safety Regulations 2017 only
15 prosecutions involved both the Occupational Health and Safety Act 2004 and the Occupational Health and Safety Regulations 2017
Unlike previous years, no prosecution involved the Dangerous Goods Legislation.

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

Within NSW:

34 prosecutions were recorded against the Work Health and Safety Act 2011 only
2 prosecution was recorded against the Work Health and Safety Regulation 2017 only
1 prosecution involved both the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017

Following the last prosecution against the Occupational Health and Safety Act 2000 being in 2016, and with their being no prosecutions since 2017, this signals a complete transition in NSW to prosecutions against the harmonised legislation.

Note the Occupational Health and Safety Act 2000 was superseded as of 1 January 2012.

Prosecution Timeframes

The timeframe for the prosecution’s outcomes from 2018, when measured against the date of the offence have been listed in the table below.

Table 1: Timeframe between date of offence and the prosecution outcome, for the 2018 prosecution outcomes reported by SafeWork NSW & WorkSafe Victoria. Bracketed numbers represent the increase / decrease from 2017.

Health and Safety Fines

Year on year, the average fine and median fine decreased in Victoria, and increased in NSW. In Victoria the median fine has been relatively stable over the last 5 years. The average and median fines were greater in NSW, when compared to Victoria. However, there were approximately 4 times more prosecutions in Victoria, compared to NSW.

In NSW each prosecution resulted in a monetary fine. In Victoria 124 fines were issued (91% of prosecutions).

In addition to the fines, WorkSafe Victoria issued 8 Enforceable Undertakings in 2019 which equates to 6% of prosecutions. This is compared to the 6 (7%), 7 (8%), 10 (7%) and 6 (5%) Enforceable Undertaking issued in 2015, 2016, 2017 and 2018 respectively. An enforceable undertaking 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. EU’s 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 maximum fines issued to a business were associated with the following events:

Victoria: Bradken made heavy metal components by casting. The castings weighed between 200 and 270 kg and were used in mining, excavation and transport. On 22 July 2014 the castings being manufactured were end blocks for excavators. The manufacturing process commenced with moulds being formed with sand and chemically bonded to make the block. The leading hand then made a core to go inside each mould (to create cavities), and the mould was then placed on a line (like a miniature railway) to move the moulds into the furnace. Inside the furnace molten metal was heated to about 1580° Celsius. The metal was poured into each mould. Each end block casting weighted approximately 270kg at pour; the casting and mould together weighed about 800–900kg. A pneumatic arm pushed the mould along the line and the mould with the castings still inside was left for approximately two hours to cool. After about two hours, the casting was removed from the sand mould. The casting was taken to a cooling bin and the sand was removed from the area and stockpiled to be on-sold for roadmaking. At the time of the incident, the castings were moved using a skid steer loader which had been used in this procedure since its purchase in June 2012. The windscreen of the skid steer loader was fitted with 6mm toughened glass, with an industrial film placed over the outside. Mr. Watson was tasked with removing the castings from the mould and then placing the casting in the cooling bin. This process was known as “knocking out” ie knocking out the castings from the sand moulds. The process also included “knocking off” any remaining sand. The process was undertaken by an employee using the skid steer loader. The mould was tipped off the conveyor onto the concrete floor. The casting temperature was still (on average) about 580°C at this time. The tipping process usually broke the mould from around the casting; otherwise the skid steer operator was required to use the lip of the bucket to break the mould. The operator then picked up the casting using the bucket of the skid steer loader, knocked off any remaining sand, and moved the casting to the cooling bin. There were no eyewitnesses to the event which led to Mr. Watson’s death. A fellow Bradken employee saw the skid steer loader on fire about 100 metres from where he was working. When he ran over he saw Mr. Watson was seated in the cabin of the loader and the casting was resting on him. Mr. Watson was not moving and was charred by the fire. Police and paramedics attended the scene. It took a considerable time for the fire to be extinguished and the casting to cool sufficiently to allow access to Mr. Watson’s body. The cause of death was recorded as “effects of fire”.

NSW: On 25 October 2016, a 55-year-old carpenter suffered fatal injuries when he fell from the exposed edge of a partially constructed formwork deck under construction and was impaled through the chest on a reo bar, at Ryde. After a SafeWork NSW investigation, the defendant, Truslan Constructions Pty Ltd, was charged with a breach of section 32/19(1) of the Work Health and Safety Act 2011. On 12 July 2019, the defendant was convicted by the District Court and fined $450,000

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

If you were of the understanding that health and safety prosecutions were limited to corporations – think again. In 2019, 13% and 19% of prosecutions were issued to workers in Victoria and NSW respectively – equating to 18 and 7 prosecutions respectively.

Prosecutions: What is the Cause and where are the Gaps?

With respect to the criteria/codes that lead to the prosecution – the criteria that was associated with 10% of the prosecutions in 2018, as defined by WorkSafe Victoria, are outlined below.

These criteria are relatively consitent since 2015. In 2019 there was an increase in “guarding-related” prosections, highlighted by the increase in “Guarding”, “Unguarded plant” along with the “Failure to provde and maintain plant”.

“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 implmented.

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

The Complimentary Support

Action OHS Consulting continues to observe a rise in inbound calls for support, associated with businesses wanting guidance, on how they can best manage their legal obligations associated with health and safety.

Action OHS Consulting is on a panel of providers endorsed by WorkSafe Victoria which provides complementary OHS Review’s for Victorian-based businesses with less than 60 workers across a period of 12-months. If you would like to find out more about this program, please contact us – Contact Us.

The Takeaway

Due diligence is all about collecting information to better understand health and safety impacts associated with a business’s operation, to allow better and more informed decisions being made.

The intention; is to protect workers, contractors, customers and visitors from harm. It is the duty that is placed on senior managers and businesses under the health and safety legislation, and their for is a duty that all businesses must be aware of.

With respect to the Health and Safety Legislation, it adopts a risk-based approach. This means that business and their senior managers are required businesses to understand and manage the hazards associated with their operations (due diligence). Put simply, this leads to a requirement for workplaces to actively:

Ensure that your safety program 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 read 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. Software programs like Safety Champion Software will support visibility of your health and safety program, guide and remind you when deadlines and key milestones approach.
Considering safety when engaging contractors. Workplaces often engage contractors to support processes that the workplace is not familiar with, which often means new hazards are introduced to the workplace. Prior to engaging contractors, along with price, seek information from the contract to understand how they will help you maintain a safe working environment when they are onsite.
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 fears.

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.

30 Jan 2020

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3 ways to show your commitment to safety as a manager or leader

1. Interact with people in their place of work

2. Have better safety conversations

3. Do what you say

OPINION | Applying lessons learned from the Melbourne hotel quarantine bungle in our own OHS practices

What were the [reported] mistakes?

What can we learn in relation to safety in our workplace?

Where to start?

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