OHS Blog

Safe Work Australia

 

The latest news and updates from Safe Work Australia:

 

New fact sheets: Duties under WHS laws

Safe Work Australia has published four fact sheets about key WHS principles under the model WHS Act. They are; WHS duties are not transferable, A person can have more than one duty, More than on person can concurrently have the same duty, and, Management of Risks.

 

Updated fact sheets: Hazardous chemicals to reflect GHS7

GHS 7 is now the only system to classify newly manufactured and imported hazardous chemicals, and prepare their labels and safety data sheets (SDS) across Australia. This change will ensure that labels and SDS use up-to-date hazard classification and communication, and align Australia with key international trading partners. To reflect the change, Safe Work Australia has updated the following model codes of practice: Model Code of Practice: Managing risks of hazardous chemicals in the workplace, Model Code of Practice: Labelling of workplace hazardous chemicals, Model Code of Practice: Preparation of a safety data sheets for hazardous chemicals and the Classifying hazardous chemicals – National guide.

 

New Model Code of Practice: Tower cranes

The process of running a tower crane is complex and there are often a number of duty holders who have a role in managing the risks of tower cranes in the workplace. The new model Code of Practice for tower cranes is for:

• persons conducting a business or undertaking (PCBUs)
• PCBUs involving the management or control of fixtures, fittings or plant
• designers, manufacturers, importers and suppliers of plant, substances or structures
• installers, and
• officers.

 

Information sheet: Australian standards and other standards information sheet 

As a person conducting business (PCBU), you may have questions about how Standards interact with the WHS laws. The newly published Australian and other Standards information sheet answers these questions and more, to help you understand the status of Australian Standards, International Standards and other standards under the WHS laws.

 

Model Work Health and Safety Regulations Amendment (Engineered Stone) 2023

The model Work Health and Safety Regulations have been updated to include a prohibition on the uncontrolled processing of engineered stone.
The amendments do not automatically apply in a jurisdiction. For the model WHS Regulations to have effect in a jurisdiction they must be enacted in that jurisdiction.

 

ACT

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

 

 

NSW

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

 

NT

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

 

QLD

New code: Managing respirable crystalline silica dust

This new code Managing respirable crystalline silica dust exposure in construction and manufacturing of construction elements Code of Practice 2022 commenced in Queensland on 1 May 2023. This code of practice establishes minimum, enforceable standards for duty holders in the construction industry and in manufacturing businesses.

 

SA

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

 

VIC

OHS Codes of Practice: https://www.worksafe.vic.gov.au/laws-and-regulations

 

WA

Code of practice update: Confined spaces

 

The Code of Practice: Confined Spaces has been updated. This code of practice provides practical guidance on how to manage health and safety risks associated with work carried out in a confined space.

 

New code: Construction work

The Code of Practice: Construction work applies to all workplaces covered by the WHS Act where construction work is carried out and where construction work products and equipment are used and stored.

 

Update: Code of practice – How to manage and control asbestos in the workplace

The code of practice How to manage and control asbestos in the workplace provides practical guidance on how to manage risks associated with asbestos, asbestos containing material (ACM) and asbestos-contaminated dust or debris (ACD) at the workplace and thereby minimise the incidence of asbestos-related diseases such as mesothelioma, asbestosis and lung cancer. This code of practice should be read in conjunction with the WHS transitional arrangements.

 

Update: Managing the risk of falls at workplaces: Code of practice

The Code of practice: Managing the risk of falls at workplaces has been updated. It provides practical guidance for those who design, construct, import, supply or install plant or structures, on how to eliminate, or if that is not possible, minimise the risk of falls from height in workplaces.

 

Standards Australia

New standards document to help manage workplace psychosocial risk: AS/NZSISO 45003:2021 

Standards Australia has issued a new standards document to help manage workplace psychosocial risk.

The latest document on occupational health and safety AS/NZS ISO 45003:2021 – Occupational health and safety management – Psychological health and safety at work – Guidelines for managing psychosocial risks, focuses on psychosocial hazards and risks.

This Standard provides additional guidance to organisations already implementing AS/NZ ISO 45001 principles, helping align psychosocial risk management with their existing OH&S / WHS system. It enhances safety management approaches by offering practical guidance, examples, and potential control measures for psychosocial hazards, emphasizing their interaction with other workplace hazards.

 

Comcare

Comcare has produced a suite of evidence-based resources on good work design, including videos and better practice guidance, to help raise awareness and build manager capability to design good work for their teams.

How work is designed impacts the way we feel and can influence our motivation, engagement and stress levels at work.  Evidence from Safe Work Australia shows that good work design can be used to prevent harm to worker health, promote health and wellbeing and support participation and productivity.

The Comcare website covers topics such as known risks to worker health and wellbeing, as well as participation and productivity, on areas including return to work, absenteeism, performance, work demands and change.

 

The theme for national Safe Work Month this October is ‘For everyone’s safety, work safely’. In this blog, Principal Consultant, Christine Henaghan, shares her best practice tips for building a safe culture in the workplace.

 

One of the best books I have read regarding fostering safety and safe behaviour was following some leadership training. It’s titled ‘Safe by Accident?’ by Judy Agnew and Aubrey Daniels (2010), published by Performance Management Publications (PMP). The book explains the science behind behaviour-based safety and sheds light on why serious injuries and fatalities still occur at work, despite targets to reduce lost-time injuries. It provides a clear explanation of what influences safe behaviour and how to build a safe culture in workplaces.

 

In summary, the book emphasizes that our behaviour is reinforced or changed depending on the consequences we experience immediately after the behaviour. If the consequences are immediate, certain, and unpleasant, we are unlikely to repeat the behaviour. Similar to the pain of intentionally touching a hot stove. On the other hand, if the consequences are a mix of positive, immediate, and certain, as well as negative, future, and uncertain, the behaviour is likely to be repeated. An example of this is smoking cigarettes, which almost instantaneously releases dopamine in the brain, causing people to feel good, despite the risk of causing cancer.

 

As we observe Safe Work Month with the theme ‘For everyone’s safety, work safely’, let’s consider how we can foster immediate, certain, and positive consequences for safe behaviour among our workers to build a safe culture at the workplace. Here are some ideas:

 

1. Be visible and acknowledge safe behaviour: While it’s essential to address unsafe behaviour, we should also focus on acknowledging and appreciating workers when they do the right thing. Just like giving a wave or a thumbs up when another driver merges before you in traffic, recognising safe behaviour can have a significant impact. According to Agnew and Daniels, specific feedback creates an immediate and certain consequence, reinforcing the behaviour. So, make it a point to approach and recognise those who follow safe procedures and training, and provide specific feedback and gratitude for their efforts. For instance, saying, “I saw/heard what you said/did (describe the behaviour), and I wanted to say, ‘Thank you’. It’s people like you who help keep yourself and others safe.”
2. Provide rewards for safe behaviour: Consider implementing a reward system for safe behaviour, such as raffle tickets for a monthly prize or nominations for the employee of the month. Consult with your employees to understand what rewards might be valuable to them and make it happen, regardless of whether it’s a small token like a coffee or tea voucher, or a larger reward like donating to a charity of their choice or an extra paid day off.
3. Pay for safety learning: Encourage your team members to participate in free safety webinars and seminars available on your local regulator’s website. Support their attendance during paid time and encourage them to share their learning with others in the workplace over a cup of tea or morning tea.
4. Personalise safety: Engage with your team to identify potential sources of harm and implement better systems, processes, and controls. Encourage them to consider whether they would willingly send a family member or loved one to perform the tasks they are assigned. Recognise individual efforts in making the workplace safer during toolbox meetings or team gatherings.
5. Include safety in every meeting agenda and to-do list: Make safety as important as accuracy, on-time delivery, and productivity by adding it as a regular agenda item in every meeting.
6. Small Businesses: Sign up for a free confidential gap analysis: Small to medium-sized businesses (up to 60 employees) can take advantage of the free and confidential OHS Essentials program funded by Work Safe Victoria. This program provides access to an experienced safety consultant, who will visit three times for two hours each over 12 months, offering valuable guidance on workplace safety tailored to your specific needs. Register for your free visit here.

 

By implementing these strategies, you can promote a culture of safety in your workplace, where safe behaviour is recognised, encouraged, and rewarded. Remember, fostering safety is a collective effort that benefits everyone involved. Let’s work together to make our workplace safe for everyone.

 

Fire and Rescue NSW (FRNSW), FRNSW engaged Action OHS Consulting to develop a safe wok procedure (SWP) for workers exposed to non-ionising radiation when performing routine testing/maintenance on the vehicle antenna and accessories. This SWP establishes the safe operating areas and limits for workers. It was great to see the collaborative approach and engagement that came from FRNSW during the consultation process.

 

Waste Recyclers of Victoria (WrOV), Our Action OHS Consulting team have been supporting Waste Recyclers of Victoria to review and update their OHS and Environmental Management Systems. With a focus on practical safety management practices and using Safety Champion software, we have been able to support WrOV to develop and implement streamlined, effective and compliance OHSE systems into day-today operations.

 

Textor Converting We have been working with the Textor Converting team in Braeside, to review and update their Traffic Management Plan. The goal was to improve the segregation of pedestrians from materials handling equipment and vehicles in their manufacturing, warehouse and receiving/despatch areas. The Textor team has been really proactive in forming a traffic management plan subcommittee and has made some excellent headway; establishing exclusion zones for plant; line-marking; signage; eliminated container destuffing; installed some protective fencing between pallets and machine operators; put in fenced pedestrian walkways and driver safety zones with pedestrian gates.

 

Sandhurst Club The Action OHS Consulting team have been supporting the review and build out of health and safety documentation for Melbourne’s premier golf and residential estate. It’s has been great to see the commitment from senior leaders at Sandhurst Club to create and improve health, safety and wellbeing for employees, contractors, members and the local community. We are looking forward to providing the team ongoing support in their safety journey.

Hi! I’m Megan Drysdale, Head of People at Action OHS Consulting and Safety Champion Software. As we continue our journey, I felt this was a well-timed opportunity for me to introduce myself and provide you, our clients and friends, with an overview of what makes us who we are.

 

Our newsletter and website provide such great forums for me to share why we are, who we are, along with our Employee Value Proposition (EVP). I hope that in transparently sharing our initiatives, it will promote conversation with your teams, and elevate the other side of ‘HR’ that can often be overlooked.  If you or your people wish to learn more about us or our initiatives – I am more than happy to share insights, and would welcome hearing from you.

 

Instead of winding back to December 2011 (the inception of Action OHS Consulting), the intention of this first update is to provide an overview of the impact that the people function has made since becoming a certified B Corporation. A link to why we became a B Corp can be found: Safety Champion Software Certified as a B Corp.

Care over Compliance

The mandate for our People Program has always been and will continue to be care over compliance. As a service-based business, we recognise that our people are our business, and the transition from start-up to scale-up will be a reflection of our people who take us on the journey. To support this, it was important for us to document our People Strategy. Not only does this provide clarity for our people and those who will join us in the future – it provides structure and a pathway forward.

 

Our People Strategy consists of the following quadrants:

1. 1. Retain our Talent
   2. Attract Top Performers
   3. Build our Learning Culture
   4. Nurture our Values

 

The care over compliance sentiment has been a tenant of our vision, mission, and values. Our vision, mission and values define us. They are what the business reflects on continuously.

 

 

Our People-first Initiatives

Over the past 12 months, the following People-first Initiatives have been delivered to our teams:

• • ‘We Share’ Program – this is a profit share program that all employees are part of. This program is recognition of our employees being key to our success – so it only made sense to us to have them share in any profits made. The We Share Program has an additional element, where donations are made to charities.
  • ‘We Care’ Program – this program is an initiative designed to support workers should they not be able to work due to illness or family circumstances. We don’t want workers to exhaust annual leave, which is designed to help them refresh – battling circumstances that are out of their control, and far from a holiday.
  • ‘Better Together’ Referral Program – this program acknowledges that our workforce can be our best advocates when it comes to building out our team. If they help us, we want to show our appreciation to them and a charity of their choice.
  • Rollout of HRIS that integrates with Safety Champion Software – this has allowed us to bring HR into the cloud and establish a number of online processes.
  • Rollout of our Employee Assistance Program (EAP).
  • Rollout of Employee Engagement platform – we’re chuffed to share that our engagement score sits at 8.7/10, and we thrive in areas of pride, relationships, and purpose.
  • Establishment of a social club, that allows our team to meet out of the workplace, to build comradery – and realise that lawn bowls is a skill that takes more than two hours to master!
  • Establishment of a series of Lunch ‘n’ Learns covering a range of topics from mental health, ergonomics and our BCorp journey, to conversations that create growth and Safe Work Month.
  • Coordination of our All Staff Town Halls in May and November – this provides an opportunity for our Australian-based workforce to meet, work on business problems and build relationships face-to-face as opposed to over a screen.
  • Piloting our Mentoring Program – the program has been designed to provide guidance, support and advice to our people who are seeking to develop their skills and knowledge in a particular area, regardless of their career level or expertise.
  • Rollout of our ‘Feedback Loop’ – bi-annual check ins and 1:1’s encouraging staff to reflect, recognise and celebrate their achievements, whilst looking ahead for the next six months.

 

The coming months will see us finalise a selection of policies: (i) parental leave, (ii) remote work, and (iii) public holiday swap; whilst initiating the build of a leadership and graduate program. The graduate program will sit across both Action OHS Consulting and Safety Champion. If you have had experience in any of these, or would like to share your thoughts, I would be more than happy for you to reach out and collaborate.

 

In addition to documenting structure, we have also delivered on the following:

• • International Women’s Day – where we showcased four amazing women who have been part of our journey.
  • Harmony Day – where we virtually toured Iran, Philippines, China, India, Colombia, Vietnam and Australia to learn about the foods that have meaning to our team.

Who we are

Our people metrics as at the time of this newsletter being published:

• • 41 employees
  • 59% males vs 41% females
  • 45% management roles are filled by females
  • 41% Australian-born, 59% overseas
  • 1/3 of our staff are under 30, 28% 30-40 years and nearly 40% are over 40
  • Almost 1/3 of our employees work part time
  • 100% of our people work flexibly!

 

Whilst always focused on finding the right candidates, as we develop products and solutions that cater to a diverse range of clients and users, we want to ensure that our workforce also represents a diverse range of perspectives and experiences. We will continue to reflect on these metrics, to allow us to be explicit in, and play a leading role on how we build our teams.

 

If you’re interested to learn more about any of the above, or find out about what a career at Action OHS Consulting or Safety Champion Software could look like – please feel free to reach out to me: people@actionohs.com.au.

 

Megan Drysdale

Head of People

Connect with me via LinkedIn

In Australia, the influenza virus is estimated to cost businesses in excess of $100 million a year due to workforce illness alone. On average, it affects 10-20% of the population every year. Influenza, or as it’s commonly known, ‘the flu’, is a highly contagious virus that can affect the entire body. It’s easily spreadable and is contagious even before symptoms appear.

 

A person can be infected with influenza at any time of the year, but in Australia most flu infections typically occur between June and September, a period often referred to as ‘flu season’.

 

As a business owner, your employees’ health and safety should be a top priority, especially during flu season. One effective strategy to minimise the risk of flu infections in the workplace is to implement a workplace flu vaccination program.

 

Fortunately, many employers are already offering onsite flu vaccinations to their staff, but did you know that you can also include COVID-19 vaccinations in your program? COVID-19 and the flu are highly contagious, and getting vaccinated is one of the best ways to prevent their spread.

 

A workplace vaccination program has many benefits for both employers and employees, particularly when the flu and COVID-19 are still highly prevalent within the community.

 

The best way to prevent the spread of either infection is to get vaccinated. As with influenza vaccinations, having a COVID-19 vaccination provides an extra level of protection against being infected and also helps slow the spread of infection to others who may be more vulnerable to severe complications.

 

Being vaccinated is the most effective way to help the body strengthen its immunity against infection and prevent contracting the influenza virus and passing it on to others in the workplace, at home, or on the daily commute.

 

By offering flu vaccinations to your employees, you will:

 

• Reduce absenteeism due to influenza, and associated cost to businesses, by 25-35%
• Promote a healthy workforce
• Demonstrate your organisation’s interest in workforce health and wellbeing
• Increase the ‘Herd Immunity’ at work, to reduce the spread of the virus
• Limit employee disruption and increased workloads for employees that are not infected.
• Boosts morale

 

For further information or advice on how to implement a vaccination programme in your workplace please contact us. 

Safe Work Australia

 

Latest news and updates from Safe Work Australia:

 

Summary of workers’ compensation arrangements in Australia and New Zealand 2022 report

 

The Summary of workers’ compensation arrangements in Australia and New Zealand 2022 report has been published and is available to download from the Safe Work Australia website.

 

This report is produced every two years and outlines recent developments in workers’ compensation schemes in Australia and New Zealand. It highlights significant changes to workers’ compensation schemes in 2022 including:

 

• administration and scheme delivery changes
• policy developments
• legislative amendments.

 

Guide to managing the risks of tree work

 

Tree work can pose work health and safety (WHS) risks. Safe Work Australia has published a revised version of a guide previously titled ‘Guide to managing the risks of tree trimming and removal work’.

 

The updated ‘Guide to managing the risks of tree work’ is aimed at ensuring you understand your WHS duties when planning and performing tree trimming and removal work.

 

The most significant changes to the guide relate to duties around managing the risk of falls when accessing trees and when to consider providing an additional backup safety line for single-rope access systems.

 

The changes ensure consistency across other Safe Work Australia guidance on falls and rope systems.

 

Analysis of ABS work-related injuries survey data 2021-22

 

Safe Work Australia has published a new report, Analysis of ABS work-related injuries survey data 2021-22.

 

Key findings from the report include:

 

• In 2021-22, 497,300 (3.5%) of the working population experienced a work-related injury or illness, down from 4.2% in 2017-18.
• The overall work-related injury rate was 35.3 injuries per 1000 people who worked in the past 12 months.
• For workers who experienced a work-related injury or illness in 2021-22, 31% received workers compensation for the injury or illness, an increase from 27% in 2017-18.
• Safe Work Australia data shows that serious workers’ compensation claims in 2020-21 resulted in a total loss of 1.9 million weeks of work.

 

ACT

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

 

NSW

 

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

 

NT

 

Code of Practice: Managing psychosocial hazards at work

 

Effective 1 July 2023, the Northern Territory will implement new work health and safety regulations to address workplace psychosocial hazards.

The model Code of Practice: Managing psychosocial hazards at work (the Code) will guide duty holders through the psychosocial risk management process, giving practical steps on how to comply with their respective legal duties.

The Code will be approved in the Northern Territory in time for the commencement of the amended WHS Regulations on 1 July 2023.

 

QLD

 

Managing the risk of psychosocial hazards at work Code of Practice 2022

 

The new ‘Managing the risk of psychosocial hazards at work Code of Practice 2022’ commenced in Queensland on 1 April 2023. The Code is an approved code of practice under the Work Health and Safety Act 2011 (WHS Act). It provides information for persons conducting a business or undertaking (PCBU) on how psychosocial hazards and risks can be controlled or managed and can be used to help decide what’s reasonably practicable to reduce risk.

 

Managing respirable crystalline silica dust exposure in construction and manufacturing of construction elements Code of Practice 2022

 

The new Code ‘Managing respirable crystalline silica dust exposure in construction and manufacturing of construction elements Code of Practice 2022’ is Australia’s first silica dust code of practice for the construction industry and will commence in Queensland on 1 May 2023. It applies to all construction work as well as the manufacturing of materials such as bricks, blocks, tiles, mortar and concrete.

The Code outlines how duty holders can meet the requirements of Queensland’s work health and safety legislation, including eliminating or minimising exposure to respirable crystalline silica (RCS) at work.

 

SA

 

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

 

VIC

 

OHS Codes of Practice:https://www.worksafe.vic.gov.au/laws-and-regulations

 

WA

 

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

 

Safe Work Australia

Latest news and updates from Safe Work Australia:

 

Transition to GHS 7 

Australia has transitioned to the 7th Revised Edition of the GHS (GHS 7), which includes some changes to hazardous chemical classifications and precautionary statements. From 1 January 2023, GHS 7 must be used to classify chemicals and prepare labels and safety data sheets (SDS) for newly manufactured and imported hazardous chemicals in Australia (unless otherwise advised by your work health and safety regulator). Each state and territory and the Commonwealth is adopting GHS 7 in their OHS / WHS laws. If you have questions or want to know more about changes under the GHS 7 you can contact your OHS / WHS regulator, or read more here.

 

Report: Key work health and safety statistics Australia 2022

Safe Work Australia’s latest publication provides an overview of national work-related fatality and workers’ compensation claims data for 2022. The report provides an overview of the latest national data on work-related fatalities and workers’ compensation claims. This includes trends, gender and age comparisons, and industry and occupation breakdowns. Read the report here.

 

ACT

Work Health and Safety (Tower Crane Code of Practice) Approval 2022

The new code became effective in the ACT on 22 September 2022. This code provides practical guidance to persons conducting a business or undertaking on how to comply with their health and safety duties when carrying out work with tower cranes. Read more about the code here.

 

NSW

There have been several amendments and changes to NSW legislation.

Amendments to the Work Health and Safety Regulation 2017 (WHS Regulation) are due to come into effect on 1 March 2023. The Work Health and Safety Amendment (Demolition Licensing) Regulation 2022 makes some amendments to the WHS Regulation 2017, to transition the existing demolition licensing regime from the repealed Occupational Health and Safety Regulation 2001 to the WHS Regulation. Read more about the change here.

The Work Health and Safety Amendment Regulation 2022 makes several amendments to the Work Health and Safety Regulation 2017 (WHS Regulation) to give effect to changes made to the national model WHS Regulations.

The amendments will commence as follows:

• psychosocial hazards and risks commenced on 1 October 2022.
• amusement devices commenced on 1 December 2022.
• all other provisions will commence on the day the Amendment Regulation is published on the NSW legislation website

Read more about the changes here.

 

NT

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

 

QLD

From 1 January 2023, codes of practice that deal with hazardous chemicals will include updated content for GHS 7. They include:

• How to manage and control asbestos in the workplace code of practice 2021
• How to safely remove asbestos code of practice 2021
• Labelling of workplace hazardous chemicals code of practice 202
• Managing noise and preventing hearing loss code of practice 2021

More information about the affected codes is available from WorkSafe QLD.

 

SA

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

 

VIC

Code of practice: The storage and handling of dangerous goods

There have been several amendments to this code since June 2022 due to changes in regulations. However, the information in this compliance code has not yet been updated to reference or reflect any changes introduced by the Explosive Regulations or the Storage and Handling Regulation or the subsequent Dangerous Goods (Storage and Handling) Regulations 2022 (Storage and Handling Regulations) (effective 26 November 2022). Therefore, compliance with these codes may not mean compliance with a specific duty under these codes. A full list of amendments incorporated into the regulations can be sourced from WorkSafe Victoria.

 

Code of practice: Managing exposure to crystalline silica: Engineered stone

The code builds on the 2020 code, but has been updated to include:

• Specific controls that must be used by employers and self-employed persons when undertaking a process involving engineered stone at a workplace that generates crystalline silica dust, including cutting, grinding or abrasive polishing of engineered stone.
• Duties on manufacturers and suppliers to provide information to persons to whom crystalline silica substances are supplied.
• Who is required to obtain an engineered stone licence.
• Duties applying to engineered stone licence holders, and
• Duties on suppliers.

The code also contains revised information regarding risk controls where necessary. Read more here.

 

WA

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

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

 

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

 

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

 

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

 

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

 

The prosecution data has been collated from:

 

• WorkSafe Victoria Prosecution Data
• SafeWork NSW Prosecution Data (at the time of writing, data was provided by SafeWork NSW up until May 2022)

 

This article provides an overview of the prosecutions from 2015 through to the 2022 calendar years.

 

Prosecutions: Numbers and related legislation

The 2022 calendar year saw a total of 115 prosecutions against the Victorian health and safety legislation, whilst in NSW at May 2022** the number of prosecutions was 17.

 

***Note at the time when this report was produced, SafeWork NSW website provided an overview of prosecutions up to May 2022 – once this changes, this report will be updated accordingly***

 

When compared to the previous year, there has been a 20% increase in Victoria. This is compared to a 54% increase in Victoria the CY2021 when compared to CY2020. The CY2020 reduction may be attributed to resourcing during COVID along with lockdown restrictions.

 

 

Within Victoria:

• 96 prosecutions were recorded against the Occupational Health and Safety Act 2004 only
• 18 prosecutions involved both the Occupational Health and Safety Act 2004 and the Occupational Health and Safety Regulations 2017
• 1 prosecution involved the Occupational Health and Safety Act 2004; Occupational Health and Safety Regulations 2017; Dangerous Goods Act 1985

 

 

Consistent with previous years, zero prosecutions were against the 2007 version of the Occupational Health and Safety Regulations which were updated in 2017.

 

Within NSW up to May 2022:

• 14 prosecutions were recorded against the Work Health and Safety Act 2011 only
• 1 prosecution was recorded against the Work Health and Safety Regulation 2017 only
• 1 prosecution involved both Work Health and Safety Act 2011 & Work Health and Safety Regulation 2017

 

 

 

Prosecution timeframes

The table below lists the timeframe for the prosecution’s outcomes from 2022 when measured against the date of the offence.

 

Table 1: Timeframe between date of offence and the prosecution outcome, for the 2022 prosecution outcomes reported by SafeWork NSW & WorkSafe Victoria. Bracketed numbers represent the increase / decrease from 2021.

 

 

Health and safety fines

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

 

 

WorkSafe Victoria issued five Enforceable Undertakings in 2022 which equates to 4% of prosecutions. This aligns with the percentage of prosecutions that resulted in Enforceable Undertaking issued in 2021.

 

 

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

 

Health and safety fines: Maximum issued

With respect to fines, the maximum fines for Victoria was slightly above 2021, however, there was a significant decrease in NSW year on year. This number may increase once prosecutions from June to December 2022 are presented.

 

 

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

 

Victoria: The offender manufacture and supply liquid and dry bulk road tankers and employ approximately 40 – 50 workers on the factory floor. Australian Industry Group Training Services Pty Ltd (AIGTS) employed an engineering fabrication apprentice.

An external Safety Consultant completed an audit on a new workplace environment during August 2018, whilst production had commenced the setup of the new factory was still not complete. The audit identified several opportunities for improvement.

On 24 September 2018, the apprentice attended at the workplace for work for the first time. The apprentice was 20 years of age, a trainee welder and did not have a trade qualification.

On 4 October 2018, the apprentice was asked to perform a ‘cleaning out task’ inside a tanker. The previous day an employee of the offender had left a Welder and a Wire Feeder inside the tanker. It remained there overnight. The Wire Feeder had fallen into a state of disrepair. As a result of that defect, over which the offender had management and control, Argon gas was able to flow into the tanker overnight, reducing oxygen in it. The apprentice died from asphyxiation after entering the tanker to perform the cleaning out work.

Workers at the workplace extracted the apprentice from the tanker and performed CPR. Emergency Services arrived within about five minutes after the apprentice was extracted. The apprentice died at the scene.

The offender pleaded guilty and was with conviction sentenced to pay a fine of $600,000. The Court indicated that but for its guilty plea, the offender would have been convicted and fined $800,000.

 

NSW: On 12 April 2019, a worker was operating a John Heine Power Press when his chair slipped and his foot connected with the unguarded lever, activating the Press, which crushed his right-hand fingers.

After a SafeWork NSW investigation, the defendant, was charged with a breach of section 32/19(1) and 38(1) of the Work Health and Safety Act 2011.

On 22 February 2022, the defendant was convicted by the District Court and fined $135,000 for the breach of section 32/19(1) of the Act and $12,000 for the breach of section 38 of the Act.

 

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

Health and safety prosecutions are not limited to corporations. In 2022, 10% and 13% of prosecutions were issued to workers in Victoria and NSW respectively – equating to 12 and 2 prosecutions respectively

 

 

The maximum fine issued to workers in Victoria and NSW in 2021 was $70,000 and $60,000 respectively. Whilst the average fine in Victoria and NSW was $15,875 and $48,750 respectively.

 

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

With respect to the criteria/codes that lead to the prosecution – of the 48 criteria that was referenced, with 13 criteria associated with more than 10% of the prosecutions in 2022. As defined by WorkSafe Victoria, these are outlined below.

 

 

These criteria are relatively consistent since 2015.

 

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

 

Other noteworthy criteria includes:

1. 1. The re-introduction of “Failure to provide and maintain a passive fall protection device” to the list. Whilst “Falls/Work at height offences” have been consistent, this new addition explicitly calls out the expectation the regulator is placing on organisations who conduct work at heights.
2. Slight increase in prosecutions related to failure to conduct risk/hazard identification or risk assessment following a drop off in CY2019 to CY2021:

 

 

Health check

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

We plan to make this tool accessible up until 31 March 2023.

 

START SAFETY CHAMPION IMPACT ASSESSMENT

 

Free consulting support

As part of the WorkSafe Victoria OHS Essentials Program, businesses with operations in Victoria, may be eligible for three (3) OHS Consulting Support sessions delivered over 12 months by an Action OHS Consulting consultant. These sessions are designed to guide businesses on how to deliver on the legal OHS duties and obligations.

 

FIND OUT MORE ABOUT THE OHS ESSENTIALS PROGRAM

 

Free webinar support

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

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

 

DOWNLOAD THE WAR ON SAFETY WEBINAR SERIES

 

Key takeaways

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

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

This require leaders to be real. It requires them to appreciate that safety as documented by your policy and procedure manual, may not reflect work as completed operationally.

Put simply, this leads to a requirement for workplaces to actively:

 

• Ensure that your safety program is easy to access and understand, and importantly relevant to your operations. Strongly consider implementing safety software such as Safety Champion, to help ensure that scheduled tasks are completed, and that workers can easily report incidents and/or hazards. Ensuring that you have visibility and 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. Again, this is where software programs like Safety Champion Software will support your organisation, providing visibility of your health and safety program in real-time, remind you when deadlines and key milestones approach, and provide you with access to data to make data-based decisions.
• Consider safety as part of your procurement process. Before you buy anything, consider the safety implications. Don’t limit this to equipment, machinery, computers – extended this to services as well. Don’t make safety an afterthought.

 

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

 

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

 

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

 

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

 

Authors: Craig Salter, Nicole Watkins.