OHS Blog

New health and safety codes and legislation – September 2022

Safe Work Australia

Latest news and updates from Safe Work Australia:

 

Model Code of Practice: Managing psychosocial hazards at work 

Safe Work Australia has published its model code of practice Managing psychosocial hazards at work. This model Code of Practice provides practical guidance to PCBUs on how to manage psychosocial hazards at work.

Under WHS laws, PCBUs must eliminate or minimise psychosocial risks so far as is reasonably practicable.

To have legal effect in a jurisdiction, the model Code of Practice must be approved as a code of practice in that jurisdiction. Check with your WHS regulator to find out if this Code of Practice has legal effect in your jurisdiction.

 

Report: Australian workers’ understanding of workers’ compensation systems

As part of the National Return to Work Strategy 2020-2030, Safe Work Australia commissioned an independent research report by the The Behaviour Change Collaborative, who partnered with the Collaboration for Evidence Research and Impact in Public Health at Curtin University.

The report explores how workers access and understand information about workers’ compensation. Read more here.

 

Guide to managing risks of industrial rope access systems

If you work at heights and use an industrial rope access system (IRAS), you must know your duties as a person conducting a business or undertaking (PCBU) and understand how to identify, manage and monitor the risks of using such a system. This recently published guide provides this information.

 

ACT

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

 

NSW

Mental Health at Work Regional Resource Kit 

Regional workplaces face unique challenges that can increase the risk of work-related stress and impact mental health. The new regional resource kit includes tailored advice for regional and rural NSW business owners to address factors such as natural disasters, limited access to support services, and labour shortages. View the NSW Regional Resource Kit.

 

NT

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

 

QLD

Work health and safety consultation, cooperation and coordination Code of Practice 2021 changes

Following the 2018 review of the model work health and safety (WHS) laws, Safe Work Australia (SWA) has been working with SWA members to implement the recommendations.

Recommendations 6, 7a and 11 required changes to the Model Code of Practice: Work Health and Safety Consultation Cooperation and Coordination. SWA published the revised code of practice in March 2022 after consulting with SWA members.

Queensland has now updated the Work health and safety consultation, cooperation and coordination Code of Practice 2021 (PDF, 0.49 MB) to reflect the model code of practice. The changes are not substantive policy changes. Changes include adding examples and clarifications to assist industry.

 

SA

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

 

VIC

WorkWell Toolkit for small business

WorkSafe Victoria has partnered with Work Well and Business Victoria to launch the WorkWell Mental Health Toolkit for small business.

The WorkWell Toolkit contains practical ideas, tips, tools and good practice suggestions to help employers prevent mental injuries in their workplace. There’s no login and no fee. It’s a free resource designed by OHS and mental health specialists and tailored for all business sizes, with a focus on small business.

 

WA

New codes of practice released

Following the introduction of new work health and safety laws in WA in March 2022, a series of work health and safety codes of practice came into effect in WA in July.

These codes have been adapted for Western Australian work health and safety environments from the Model codes of practice published by Safe Work Australia, developed through consultation with unions and employer organisations.

The codes increased the guidance available for ensuring safe workplaces and increasing consistency in safety regulation between the Western Australian and national regulatory environments.

The codes a wide range of activities such as abrasive blasting, how to safely remove asbestos, First Aid in the Workplace, and managing the risk of falls. For further information go to the full list of approved codes of practice on the Commerce WA website.

Mental health and psychological safety at work

Workplace safety regulations are changing and just like physical hazards, psychological safety hazards must now be identified, risk assessed and controlled.

In line with national mental health initiatives and a nation-wide emphasis on psychosocial hazards in the workplace, it’s a timely reminder for organisations to assess and strengthen their psychosocial hazard controls, and consider:

  • Do you have adequate controls in place to eliminate or reduce the risk of psychosocial hazards?  
  • Do you have mechanisms to report, capture data and monitor trends?

 

Psychosocial hazards explained

Did you know, exposure to psychosocial hazards can cause psychological and physical injury? This is why psychological and physical risk and hazards should be treated equally. Research suggests psychological injuries usually result in longer time away from the workplace and can attract higher costs than the average physical injury.

A psychosocial hazard is anything that may increase the risk of work-related stress. Safe Work Australia determines common psychosocial hazards to include:

  • High or Low job demands and/or control
  • Bullying and harassment including sexual harassment
  • Violence, and aggression
  • Poor support
  • Lack of role clarity
  • Poor organisational change management
  • Inadequate reward and recognition
  • Conflict or poor workplace relationships and interactions
  • Poor psychical environment
  • Traumatic events or content
  • Remote or isolated work
  • Poor organisational justice

Source: Safe Work Australia.

 

Psychosocial safety management in practice

Take a risk-based approach to psychosocial hazards and start to forward plan through prevention plans, implementation controls and consultation actions. Where reasonably practical, eliminate or reduce the risk of psychosocial hazards by identifying systems of work and controls that will build knowledge and create a psychologically safe culture for all employees. If you have started to return to the workplace, take the opportunity to review job demands and have open conversations with employees.

 

National Mental Health Month and other initiatives

In addition to being Safe Work Month, October is also Mental Health Month. It’s an extension of national Mental Health Day (10 October) that promotes awareness and community engagement around the importance of mental health towards overall wellbeing.

WorkSafe Victoria reported in their Mental Health Strategy that:

  • Nearly one in six Australian workers will experience significant level of mental ill health in a four-week period
  • 1 in 5 Australians experience a mental health condition in any given year
  • 45% of Australians will experience a mental health condition in their lifetime
  • Each year 2 in 5 Australians report they have left a job because of a poor mental health environment

 

Proposed Occupational Health and Safety Amendment (Psychological Health) regulations

Keep your eye out in Victoria for the proposed Occupational Health and Safety Amendment (Psychological Health) Regulations. The amendment looks to strengthen the existing OHS framework and recognise the significance of psychosocial hazards and risks.

There are also several Australia-wide and state-based resources and publications available to support managing psychosocial risks

 

We are here to help

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

Client spotlight – September 2022

The Action OHS Consulting team have been working on a range of projects all with very different clients who have their own individual safety needs. Here is a taste of what we’ve been working on:

 

  • Phil Neville has been working with Self Storage Association of Australasia (SSAA), a peak industry body, to support the development of easy-to-understand online safety training modules for their members.

  • Christine Henaghan has been working with Egans Asset Management, a removal and storage service, to conduct risk assessments and review and update Safe Work Method Statements to manage their high-risk works. The team have put in place a traffic management plan and are now working towards electing health and safety representatives, first aid officers and fire wardens, to enhance their consultation, communication and emergency preparedness.

  • In NSW, Phil McLean has been assisting the Raptor Recovery Australia team (the largest free flight centre for birds of prey in the Southern Hemisphere). They do fantastic work rescuing and rehabilitating sick, injured or orphaned Australian birds of prey with the goal of releasing the birds back to the wild. We have been working to update their risk assessments and WHS training for staff and volunteers. You can support their great work raptorrecoveryaustralia.org/

 

  • Janelle Corbett and Nick Watts have been providing support to a small business after a significant incident to close out improvement notices, conduct an investigation and continue to support injured workers. These times can be sone of the hardest for businesses, and we work with care and expertise to ensure they have the best support to be able to keep moving the business forward safely.

 

  • Glenn Wilson has been working with Cricket Victoria, conducting risk assessments and creating a risk profile. This includes developing a risk register to document the identified risks, and the controls that can be used to mitigate the risk.

How we work together to get better

In May we were thrilled to bring team members from both Action OHS Consulting and Safety Champion Software together for the first time in a year for our Town Hall meeting, held in Melbourne.

It was a fantastic day and gave us the opportunity to celebrate our recent wins, reflect on our learnings and share opportunities for the next quarter.

There were a few new faces since our last Town Hall Meeting and it was great to finally meet our new team members.

We also had a few great opportunities to live out some of our core values on the day.

 

 

‘We are Customer Alert’

We were lucky enough to have a couple of our customers join us and provide the team with invaluable insights in our first ever Customer Panel.

 

 

‘We are Better Together’

The Design Jam session gave us the opportunity to brainstorm and contribute ideas for how we can all work more effectively, because we are always looking for ways to continuously improve.

 

‘We Go for Gold’

Everyone committed to their own three-month goal which will help us continue to deliver the highest quality products and services.

We all left feeling more connected and more aligned than ever and can’t wait until our next meeting in August!

 

 

Want to join our team?

Can you see yourself at one of our upcoming Town Hall Meetings? We have a number of vacancies available. Simply head to our careers page to see if something interests you. If you can’t find something that fits, reach out to us and let’s talk anyway. Email people@actionohs.com.au.

New health and safety codes and legislation – June 2022

Safe Work Australia

Latest news and updates from Safe Work Australia:

 

National Safe Work Month 2022 – theme and campaign kit released

The theme for National Safe Work Month 2022 is Know safety, work safely – encouraging everyone to make health and safety in the workplace a priority. The official campaign launch is 1 October. View the campaign details and download the kit here.

 

New guidance: Japanese encephalitis: duties under the model WHS Laws

Japanese encephalitis has been detected in parts of South-Eastern Queensland, New South Wales, Northern Territory, Victoria and South Australia.

Japanese encephalitis spreads when a human is bitten by a mosquito that has previously bitten a pig or a wild water bird infected with the virus.

If your business or your workers are in an area where Japanese encephalitis is present, find out what you can do as a PCBU to minimise the risks associated with Japanese encephalitis and keep your workers safe.

View the guidance here.

 

New fact sheet: WHS Duties in a Contractual Chain

Safe Work Australia has published WHS information for PCBUs and workers who are working as part of a contractual chain.

The fact sheet provides an understanding of what a PCBU is and explains that an individual contractor can be both a PCBU and a worker. Understanding this will help PCBUs within a contractual chain uphold their WHS obligations and consult, cooperate and coordinate activities with all other PCBUs with whom they share a duty.

View the WHS Duties in a Contractual Chain fact sheet.

 

 

ACT

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

 

NSW

New standard: Scaffolding Industry Safety Standard launched to stop workplace deaths

There is a new Scaffolding Industry Safety Standard for work sites in NSW, which provides a clear guide to prevent scaffolding-related injuries and deaths.

The Safety Standard details practical management tools to principal contractors, scaffolders, engineers, and other parties involved in scaffolding work, ensuring best practice for the scaffolding industry.

View the scaffolding industry safety standard here.

 

NT

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

 

 

QLD

New safety laws proposed for quad bikes and side-by-sides

The Queensland Government is investigating proposed new regulations to improve safety for people operating quad bikes and side-by-side vehicles (SSVs) in a workplace.

Feedback will guide the development of the proposed safety regulations under the Work Health and Safety Regulation 2011.

Read more about the proposed legislation here.

 

SA

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

 

 

VIC

New Compliance Code: Lead

WorkSafe’s first Lead Compliance Code was released earlier this year and provides practical guidance for controlling risks associated with lead exposure in the workplace, including requirements for lead-risk work and lead processes.

Lead processes include working with lead, lead alloys and dry lead compounds, and can involve a range of activities, such as radiator repairs, dismantling lead-based batteries, working with lead-based paint, manufacturing ammunition and explosives, or working with pewter, lead pigments or ceramic glazes.

If your work involves lead processes or lead-risk work, you must comply with specific duties and obligations under the:

  • Occupational Health and Safety Act 2004 (OHS Act)
  • Occupational Health and Safety Regulations 2017 (OHS Regulations).

This guidance is particularly relevant if you are an employer or self-employed person who works with lead. It is also relevant for employees and health and safety representatives who work with lead.

The code includes information on:

  • what lead is and how it gets into the body
  • the health risks of working with lead
  • how levels of lead in the body are measured
  • what a lead process is
  • what lead-risk work is
  • duties for employers and employees
  • how to control the risk of exposure to lead
  • when health monitoring is required and what it involves

Learn more about the Compliance Code: Lead.

 

New duties for high risk crystalline silica work in force

Crystalline silica is contained in products such as engineered stone, ceramic tiles, concrete, bricks and marble. High-risk crystalline silica work can create hazardous dust which, if inhaled, can cause deadly lung and respiratory diseases, such as silicosis.

Under the changes, businesses working with silica must now identify and document high-risk crystalline silica work and the risk control measures they have in place.

The new duties took effect from 15 May and will affect businesses in a range of industries, including quarrying, construction and tunnelling.

Employers are now also required to provide safety training and instruction to any employees and information to any job applicants who may engage in high-risk crystalline silica work.

Read more about the new duties here.

 

WA

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

Top Tips for a Successful Safe Work Month

October marks National Safe Work Month, when Australian businesses, workers and employers are asked to commit to building a safe and healthy workplace.

The theme for 2022 is Know safety, work safely – encouraging everyone to make health and safety in the workplace a priority.

It’s a great time for everyone in your business to focus on your safety program – what’s working, what’s not and what are the opportunities? But it doesn’t all have to be serious because it’s also a time to celebrate and have fun!

If there is one thing we have learnt providing safety services over the past 10 years, it’s that people are capable of amazing things once they have some direction on how to bring their safety practices to life. So, here are our top five tips for a successful Safe Work Month:

 

  1. Plan

We all know that a goal without a plan is just a wish. Start a conversation with your teams and develop a schedule. Starting now will allow you to build excitement. Put up some signage. Get talking!

 

  1. Listen (…then talk) Identify ways to interact with key stakeholders.

 

For workers, schedule a Safety Month event – morning teas and BBQs are often well attended; otherwise, you can incorporate into an existing team meeting. You might  ask: “What opportunities are there for us to improve our  safety, or the safety of our customers?” – then listen (and take notes).

 

Reach out to clients via a survey (online or at reception). Ask them to rate your approach to safety. For example “How would you score us for safety, given our past interactions?”. Give them an opportunity to provide comments.

 

  1. Do

Safe Work Month is a great time to schedule safety activities. You could:

 

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

 

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

 

  • In a group, make a list of the ‘things’ that could injure workers and/or customers. Once created – note down the things you are doing to prevent the injuries. Is there more that you could, or should do?

 

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

 

  1. Upskill

Safe Work Australia and your state regulator (one of: WorkSafe, SafeWork, WorkCover) will have a calendar of events during Safe Work Month. ‘Look’ and ‘Book’ now – the earlier the better!

 

  1. Search for ways that you can make safety a part of your business as usual.

Cloud-based platforms such as Safety Champion Software have taken off over the past two years, and allow you to schedule, report and track your safety activity.

 

Get started with your National Safe Work Month planning and download Safe Work Australia’s National Safe Work Month Campaign Kit.

Key considerations for building a safe construction environment

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

 

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

 

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

 

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

 

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

 

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

 

When to engage a principal contractor

 

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

 

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

 

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

 

It pays to ask

 

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

 

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

 

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

Resigned to burnout in 2022? Focus on psychosocial health and safety

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

 

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

 

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

 

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

 

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

 

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

 

What does burnout mean for safety professionals?

 

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

 

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

 

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

 

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

 

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

 

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

 

What is burnout and how does it compare to wellbeing?

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

  1. Exhaustion: A clear sign of burnout is when you feel tired all the time. Exhaustion can be emotional, mental or physical. It is the sense of not having any energy, of being completely spent.
  1. Lack of motivation: When you don’t feel enthusiastic about anything anymore or you no longer have that internal motivation for your work, there’s a good chance you’re experiencing burnout. Other ways this manifests? It may be harder to get going in the morning and more difficult to drag yourself into work every day.
  1. Frustration, cynicism and other negative emotions: You may feel like what you’re doing doesn’t matter that much anymore, or you may be disillusioned with everything. You might notice that you feel more generally pessimistic than you used to. While everybody experiences some negative emotions from time to time, it’s important to know when these are becoming unusual for you.[1]

 

What to do if you recognise burnout

 

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

 

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

 

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

 

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

 

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

 

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

 

We are here to help

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

 

You can reach out to us here.

 

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

New health and safety codes and legislation – March 2022

Safe Work Australia

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

 

National Return to Work Survey findings

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

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

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

 

New guidance: Rapid antigen testing of workers

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

 

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

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

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

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

 

ACT

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

 

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

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

 

NSW 

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

 

NT

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

 

WA

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

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

 

Mentally healthy workplaces codes of practice

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

1.     Code of Practice: Violence and aggression at work

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

 

2.     Code of Practice: Workplace behaviour

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

 

3. Code of Practice: Psychosocial hazards in the workplace

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

 

 

4. Managing COVID-19 risks in the workplace

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

 

Code of Practice: Excavation

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

VIC

Workplace Safety Legislation and Other Matters Amendment Act 2022

Information about changes which became law on 16 March 2022.

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

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

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

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

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

 

Dangerous Goods (Explosives) Regulations 2022 open for comment

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

 

Psychological health regulations open for comment

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

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

 

SA

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

 

Qld

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

 

Prosecutions: 2021 summary for NSW and Victoria

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:

 

 

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

 

Prosecutions: Numbers and related legislation

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

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

 

 

Within Victoria:

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

 

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

 

 

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

 

Within NSW:

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

 

 

Prosecution timeframes

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

 

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

 

 

Health and safety fines

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

 

 

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

 

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

 

 

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

 

Health and safety fines: Maximum issued

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

 

 

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

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

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

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

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

In sentencing the Court took into consideration:

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

 

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

 

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

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

 

 

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

 

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

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

 

 

These criteria are relatively consistent since 2015.

 

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

 

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

 

 

Health check

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

 

START SAFETY CHAMPION IMPACT ASSESSMENT

 

Free webinar support

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

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

 

DOWNLOAD THE WAR ON SAFETY WEBINAR SERIES

 

Key takeaways

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

 

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

 

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

 

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

 

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

 

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

Action OHS and Tree Mason work together for a safe storm clean up

In June 2021, severe storms swept across Victoria causing significant damage to property, infrastructure, and public spaces.

 

In the aftermath of the storm, the team from Tree Mason, an arboriculture business servicing North-Western Victoria, worked tirelessly to clear roads in their local area and restore safe access for the local community.

 

As the key arborist contractor for Macedon Ranges Shire Council (MRSC), Tree Mason were also supporting MRSC to clear key link roads throughout the shire.

 

Winds of up to 100km/h had resulted tens of thousands of trees down, inundating the local transfer stations. Unable to take the storm debris to the transfer stations for processing, the Tree Mason team had to take matters into their own hands.

 

The team began to stockpile and process fallen materials on their own site, which quickly transformed from a residential farming property into a large-scale forestry site. With multiple haul roads, sediment dams, large quantities of stockpiled materials and more than 250 truck movements per day, they realised that they needed additional support to establish and maintain a safe work environment.

 

 

Phil Neville, Senior OHS Consultant, explains that Tree Mason engaged Action OHS Consulting to provide on-site safety support.

 

“Given the project was already well established, we had to hit the ground running to help the project ‘catch up’. Our team attended site and set about identifying critical safety risks and current controls,” Phil said.

 

“To their credit, Tree Mason and MRSC were managing well, but with little formal process or records being documented.”

 

“We were able to support Tree Mason to develop and document critical safety management processes.”

 

Support included:

 

  • Site Safety and Environmental Management Plan
  • Project Risk Assessment
  • Emergency management and fire safety plans
  • Traffic and Vehicle Movement Plans
  • COVID-Safe Plans
  • SWMS, risk assessments and Safe Operating Procedures for on-site plant movements, firewood processors, milling machines
  • Site signage and amenities
  • Project induction guides and records
  • Contractor management practices

 

The AOHS team also supported the project’s planning, environmental and emergency management obligations with council’s planning department, Country Fire Association (CFA)and Environmental Protection Agency (EPA).

The volume of materials meant that eventually a second site had to be established in Romsey.

Action OHS worked closely with Tree Mason to establish the Romsey site and ensured it was capable of meeting the needs of Bushfire Recovery Victoria (BRV), who was supporting the clean-up of residential properties through their Storm and Flood Recovery Program.

 

Phil said that there is a positive twist to what was a devastating event.

 

“With every piece of material brought to the Tree Mason site being repurposed, there is zero waste,” he said.

 

“A few examples include fence posts, firewood and garden stakes, and it’s all provided back to the affected communities for free.

 

“We are proud to have been able to support Tree Mason, MRSC and BRV in this project.”

Finding the safety needle in a data haystack

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

 

The evolution of safety metrics

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

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

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

 

Smart data capture

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

 

Great insight, better safety performance

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

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

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

Flexible work and psychosocial safety

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

 

Psychosocial hazards and risks

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

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

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

 

Impacts of flexible working

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

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

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

In their own words:

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

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

Other resources:

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

New health and safety codes – December 2021

Safe Work Australia 

 

Updated guidance material: Managing the risks of working in heat 

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

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

 

New model Code of Practice: Respirable crystalline silica engineered stone

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

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

 

New guide: Managing the risks of elevating work platforms

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

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

 

New guide: Managing risk in construction: Concrete pumping

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

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

 

Work-related traumatic injury fatalities Australia 2020 report

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

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

 

ACT

 

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

 

New South Wales

 

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

 

Northern Territory

 

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

 

Queensland

 

Rural Plant Code of Practice Review

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

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

SA

 

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

 

Victoria

 

Storage and handling dangerous goods [June 2021]

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

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

 

First aid in the workplace [Nov 2021] 

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

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

 

Hazardous substances [Jun 2021]

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

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

 

Public consultations open: Compliance codes

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

 

1. Communicating OHS Across Languages Compliance Code

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

 

2. Lead Compliance Code

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

 

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

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

 

WA

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

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

Managing risk when working from home

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

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

 

A new way of working

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

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

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

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

 

Resources for employers

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

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

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

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

Managing risks | Safe Work Australia

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

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