Independent medical assessment

Health & Safety

Model Work Health and Safety Laws

Safe Work Australia is responsible for maintaining model work health and safety (WHS) laws, but they do not regulate or enforce them. In 2011, Safe Work Australia developed model work health and safety laws that would be then implemented across states in Australia. However, commonwealth and state and territory regulators will oversee and enforce the laws in their jurisdiction. For these model work health and safety laws to become legally binding, the Commonwealth, states and territories must separately implement them as their own laws. What do model work health and safety laws include? The Model Work Health and Safety Act The Model Work Health and Safety Regulations The Model Codes of Practice Background A single set of work health and safety laws were created for jurisdictions to implement in Australia. These would be known as ‘model’ laws. Each state and territory, and the Commonwealth, has its own WHS laws, including an Act, regulations and codes of practice. A National Review into Model Occupational Health and Safety Laws was conducted to make recommendations on the structure and content of a model OHS Act that could be adopted in all jurisictions. The review was carried out by a panel of three independent experts that undertook public consultation with regulators, union and employer organisations, industry representatives, legal professionals, academics and health and safety professionals. The panel made 232 recommendations and in May 2009 the Workplace Relations Ministers' Council (WRMC) set policy parameters for developing a model Act based on these recommendations. In September 2009, Safe Work Australia released a draft model WHS act for public comment. Several amendments were done to the draft and on 29 April 2010, Safe Work Australia published a final version on their website. When did the states implement model health and safety laws? Commonwealth, Australian Capital Territory, New South Wales, Northern Territory and Queensland implemented the laws on 1 January 2012 South Australia and Tasmania implemented the model WHS laws on 1 January 2013 Western Australia passed a version of the laws on 10 November 2020, and they became operational on 31 March 2022. Victoria is the only jurisdiction in Australia who has not implemented the model WHS laws as of now. Are there variations in the laws? It depends on the jurisdiction in question. Some variations in their WHS laws may be required to ensure the legislation is consistent with their other processes and laws. Get complete WHS support with Peninsula Australian health and safety laws are complex and need small business owners and employers to comply with different regulations across different states. It can be challenging to keep up with the layered health and safety laws and ensure physical and mental wellbeing of your employees. Peninsula provides complete health and safety support including policies, processes, documents, and advice for Aussie SMEs. Talk to our team today to learn how we can help you. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

Health & Safety

Manual Handling

If you are a small business owner or employer, your employees may be involved in some manual tasks at work. These could include picking up things or detailed actions including physical effort. By definition, manual handling is the act of pushing, pulling, or using other bodily force to lift and carry loads. Many businesses require their workers to perform some manual handling. Whether it’s retail workers stacking shelves or factory workers assembling products on conveyor belts. Any task, if performed poorly, incorrectly, or for too long – can pose a risk of injury. The most common types of injury are lower back pains, neck pain, and problems with shoulders and arms – including forearm, elbow, wrist, hand, and fingers. These injuries can result from lifting a heavy or unbalanced load only once, or from continually lifting a heavy or unbalanced load. Sometimes these injuries lead to permanent disability and expensive compensation claims. You can reduce disruption to your business by reviewing the tasks your employees do manually and working out how to avoid injuries. Examples of manual handling Regardless of what industry you are involved in, many businesses require their workers to do manual handling tasks that are potentially harmful. Even remaining stationary for long periods can result in short or long-term injury. Some examples of manual handling tasks include: Pushing and pulling trolleys Operating machinery Packing boxes Lifting heavy equipment or objects Leaning over to scan grocery items or wash dishes. Types of manual handling injuries Understanding the type of manual handling required in the workplace, and the effect it has on the human body can go a long way to preventing injury. Musculoskeletal disorders (MSD) are the most common type of injury and disease that occurs due to manual handling. These injuries affect the musculoskeletal system (i.e. bones of the skeleton, ligaments, joints, and cartilage) and restrict movement of the human body. Depending on the activity that leads to the injury, MSD can occur in the form of: Sprains, strains, and direct blows to muscles, ligaments, and tendons. Back injuries include damage to the muscles, spinal discs, nerves, joints, and bones. Injuries to joints and bones, along with injuries to the shoulder, neck, arms, elbows, legs, knees, wrist, hip, hands and feet. Soft tissue injuries (e.g. hernias). Chronic pain that lasts for three months or longer. Acute pain that lasts for less than three months. Muscular and vascular disorders as a result of hand or arm vibration. Some manual tasks may also be hazardous or dangerous. Hazardous manual tasks are tasks that require a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing that involves one or more of the following: Repetitive or sustained force. Repetitive movement. High or sudden force. Sustained or awkward postures. Exposure to vibration. Hazards can come from work tasks and how they’re performed or poor work design and management. They can also be the result of physical work environments or the way tools, equipment and objects are handled. Steps to reduce manual handling injuries – training and risk assessment Teaching your employees how to correctly perform manual tasks is an effective way to prevent injuries and avoid expensive claims. Many private training organisations offer face-to-face training at your chosen location and convenient online courses to suit your needs. By professionally training your workers on proper manual handling techniques, they will learn how to: Identify the risks and hazards of manual handling. Be familiar with workplace safety requirements and obligations. Correctly use mechanical aids. Adopt the correct lifting techniques. Handle different manual handling scenarios related to their role or position In some cases, you may not need formal training to identify and manage a risk. Introducing mechanical aids or making small changes to work processes or procedures can go a long way to minimising risks. The weight of the load is critical but also important is the frequency of lifting, posture while lifting, the surrounding environment, and the employee’s physical fitness. When you assess any manual handling, always consider the task, individual, load, and environment. You should also have manual handling posters around the workplace to inform employees how to perform certain tasks correctly. Make sure your employees always follow the operating instructions and limitations set by the manufacturer of any products or equipment they are handling. You can eliminate risks of manual tasks or manual handling with good work design. For example, automating any task or systems to eliminate the need for workers to carry loads. Workers compensation Employees who become sick or injured due to work are, in most circumstances, entitled to compensation. Employers must help sick and injured employees gain access to the advice, guidance, and financial support they need to recover and, where possible, return to work safely. Compensation claim payouts are given to employees in one of three ways: Directly from the insurer to the employee. From the insurer through to you. Through an approved workers’ compensation regulator. Each state and territory has its regulations when it comes to workers’ compensation. Therefore, how and where you go to submit a worker’s compensation claim and the amount of money the employee can expect to receive, will depend on the relevant state and territory. Peninsula can advise you on best practices in manual handling. For peace of mind, call our 24/7 helpline.

Health & Safety

Managing health and safety at work

Good health and safety standards always start with the people at the top. Directors and board members have collective and individual responsibility for health and safety, no matter how big or small your business is. Their role in ensuring health and safety is vital for good governance. Health and safety laws place responsibility for health and safety on the people in charge of the workplace and, on top of that, they have a duty of care to employees. By maintaining high standards of health and safety you see several benefits. With high standards of health and safety, you protect the workplace and business from any bad publicity or employee unrest that would follow a serious accident or prosecution. Why is managing health and safety important? Research shows that managing health and safety at work effectively is good business practice. You could enjoy the financial benefits of: Increased productivity when following safe operating procedures Reduced insurance premiums Fewer absences for sickness Better employee retention and morale Reduced costs of training replacement employees. Who is responsible for managing work health and safety? According to Safe Work Australia, duty holders who have a role in managing work health and safety include: persons conducting a business or undertaking (PCBUs) designers, manufacturers, importers, suppliers and installers of plant, substances or structures, and officers Managing health and safety Managing health and safety at work involves risk management and a consistent approach to health and safety. You also need the involvement and cooperation of your workers, partners, and other businesses you work with. Key things to remember are: get involved in health and safety issues so that you understand hazards and risks associated with your operations consult your employees and other duty holders on the hazards and risks invest time and money in health and safety ensure that all employees are aware of their health and safety responsibilites and have the knowledge and training to do tasks safely practice what you preach Risk management An effective risk management process has four steps and they need to be followed carefully. Identify hazards- find out what can cause harm or risk to your workplace Assess risks- Understand what the nature of harm could be, how serious is it, and the likelihood of it happening Control risks- Introduce effective control measures that is reasonably practicable Review hazards and control measures regularly to ensure they are working as planned When to use a risk management approach? While you should have regular and ongoing risk management systems and policies, there are few times in particular that may need additional risk management. Examples of when you should review and implement your risk management include: starting a new business expanding or purchasing an existing business changing work practices, procedures or the work environment changing organisational structure or job roles introducing new workers or returning workers to the workplace purchasing new or used equipment or using new substances working with a new supplier for your services planning to improve productivity or reduce costs new information about workplace risks becomes available responding to workplace incidents (even if they have caused no injury) responding to concerns raised by workers, health and safety representatives or others at the workplace required by the WHS regulation for specific hazards Want WHS support? Are you using free online health and safety policies and templates to save costs? Standardised online policies and templates do not take into account the unique needs of your industry and business. Peninsula offers customised WHS documents and policies at optimum prices for business owners and employers. Call us on 1300856135 to find out how we can help you. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

Health & Safety

Lone Working

The way we work is changing rapidly. Companies and businesses are evolving, and employees can now choose different ways of working, such as hybrid work, remote work or lone working. Lone working has traditionally always existed but with businesses turning global with a local twist, there’s a need to revaluate lone working. In this guide for employers, we explain lone working, who is considered a lone worker, the risks involved with lone working, and your responsibilities as an employer. Please note that the information below is general and not intended to act as advice. If you need health and safety guidance, consult a professional. Lone working Lone working is when someone is working by themselves and/or work in the community with limited support arrangements, therefore exposing them to risks by being isolated. Whether they work alone regularly or only occasionally alone and do not have access to immediate support from managers or colleagues, they are considered lone workers. If an employee cannot be heard or seen by their colleagues or supervisor, they are considered to be working alone. Examples of lone working Remote, isolated, or lone workers include: All-night convenience store and service station attendants. Sales representatives, including real estate agents. Long-distance freight transport drivers. Agricultural workers, scientists, park rangers and others doing field work alone. Health and community workers working with members of the public but isolated from their colleagues. Emergency services. Horticultural workers. Parking attendants. Some lone workers are at a fixed workplace but isolated, or in a maintenance role that takes them all over the worksite. “On call workers” who work overtime, outside normal hours or who open and close work premises, can also be lone workers. Lone working legislation If you are a person conducting a business or undertaking (PCBU), you must manage health and safety risks to your workers, so far as is reasonably practicable. This includes when they are working remotely or in isolation. The model WHS Regulations (regulation 48) specifically addresses remote and isolated work. This includes the requirement for PCBUs to: Manage the health and safety risks to remote and isolated workers. Have systems in place to effectively communicate with workers. As a PCBU, you must, so far as is reasonably practicable: Provide and maintain a work environment that is without risk to health and safety. Provide adequate and accessible facilities for the welfare of the workers. Monitor workers’ health and safety and workplace conditions to prevent work-related illness and injury. Give workers the necessary information, instruction, training, and supervision to do their job without risks to health and safety. Consult with workers, health and safety representatives (HSRs) if you have them, about health and safety issues that may directly affect them. Lone workers’ WHS duties Workers including employees, contractors, subcontractors, labour hire employees, outworkers, apprentices or volunteers have a duty to: Take reasonable care for their own health and safety while at work. Take reasonable care to not affect others’ health and safety. Comply with reasonable instructions. Cooperate with reasonable policies and procedures. Hazards of lone working Lone working, remote or isolated work can involve both physical and psychosocial hazards with the risks exacerbated by poor access to emergency assistance. Remote or isolated workers may also be seen as ‘easy targets’ for violence. Lone workers are at higher risk than others because of the nature and location of their work. They risk violent attack, whether from a thief when opening or closing work premises, or because they work in an area of social deprivation or with vulnerable people. Some lone workers risk being in serious road accidents or injuring themselves because of previously unknown poor health. Other implications for lone workers include: Unfamiliarity with the risks of a remote worksite. The possibility of adopting unsafe practices because they have no supervision. Manually handle tools and equipment between vehicle and workplace or during deliveries Fatigue. Cannot get help or advice in case of sudden illness, accident or another emergency. Managing the risks of lone working The risk management process involves identifying hazards, assessing the associated risks, implementing the control measures to eliminate or minimise risks, and regularly reviewing control measures to ensure they remain effective. As a business owner, you have to be proactive in identifying risks associated with lone working as it may take longer to implement safeguards in those locations. The first step in identifying hazards is to undertake a risk assessment. When looking at risks of lone working, consider: How long the person might work alone for. The time of day when a person may be working alone. What communication tools are available. The location of the work and access to emergency services. The nature of the work. The worker’s skill and capabilities. The risk to mental health. Support the worker may need for their tasks. Controlling the risks of lone working You can control the risks around lone working or remote and isolated working: Ensure workers can access clean, safe, and accessible facilities that are in good working order (toilets, places to eat and store things, first aid kits, drinking water etc). Maintain equipment and furniture regularly. Clean workplaces and facilities regularly, taking into account the shift work or type of work, the likelihood of contamination, and how many workers use them. Provide training, support, and supervision, including what to do in an emergency. Restock soap, toilet paper, consumables regularly. Repair any broken equipment, furniture and fittings. Psychosocial hazards and Lone Working Remote and isolated work can increase the likelihood of workers being exposed to psychosocial hazards. The effects of these hazards can be significant if a worker can’t access support or assistance. Some psychosocial hazards include: Lack of support - they can’t ask questions easily or get immediate feedback from supervisors. Workplace violence - Security guards or retail workers working alone at night face the risk of workplace violence Workplace sexual harassment - Risks of harassment from customers and clients towards workers High job demands - Lone workers have no one to share their workload with or divide tasks Low role clarity - Workers can’t discuss and clarify tasks and sometimes have to manage everything by themselves. Psychosocial hazards are equally serious as physical hazards, and they should be handled carefully. Lone workers should have your support, and they should know who to reach out during times of duress. Reducing risks of lone working According to a survey, safety training is a most desirable form of support for lone workers. Mental health comes in a close second, indicating that lone workers are more vulnerable and struggling to cope with their roles. These statistics are indicative of the training and support your lone workers are seeking. As an employer you have few ways to reduce the risks to your lone worker: Train them fully in the risks of their type of lone working. Set up a system of routine communication with them. Provide good supervision. Identify potentially violent situations and use control measures that could reduce or stop lone working. Provide effective emergency procedures. Set up physical barriers to protect them from violence. Offer multiple ways of reaching out (phone, email, text, etc) so they know you are present for them. Create safe workplaces with Peninsula Lone working is a risky and high intensity form of working. For many small businesses in Australia, remote or isolated work is often the norm. However, some business owners and employers don’t realise the responsibilities that come with overseeing and employing remote or isolated workers. With specialised support services tailored to your industry and business, Peninsula can help you manage your lone workers efficiently. Our targeted materials, training, and resources ensure your lone workers feel supported, safe, and motivated. Call our free advice line today to learn more about lone working.

Health & Safety

Duty of Care

What is duty of care? Duty of care is a legal obligation to take reasonable steps to protect others from harm. In the context of business, duty of care refers to the responsibility of business owners and employers to protect the health and safety of their employees, and to ensure that their business activities do not harm others. Duty of care beyond the workplace Employers also have a duty of care to ensure that their business activities do not harm others outside of the workplace. For example, an employer may have a duty of care to ensure that its products or services are safe to use, or that its activities do not pollute the environment. Who has a duty of care? All Australian businesses and employers have a duty of care. This means that they have a legal obligation to take reasonable steps to protect their staff and others affected by the business and its activities from harm. This includes: Employers of all sizes, from small businesses to large corporations: All businesses have a duty of care to their employees, customers, and visitors. The size of the business does not matter. Self-employed people: Self-employed people have a duty of care to themselves and to others who may be affected by their work. For example, a self-employed electrician has a duty of care to ensure that their electrical work is safe and does not cause harm to anyone. Government agencies: Government agencies have a duty of care to the public. This includes providing safe public services and maintaining safe public spaces. Non-profit organisations: Non-profit organisations have a duty of care to their staff, volunteers, and clients. They also have a duty of care to the public if their activities could potentially harm others. Examples A construction company has a duty of care to its employees to ensure that their workplace is safe. This includes providing adequate safety training, maintaining equipment in good condition, and implementing safe work procedures. A restaurant has a duty of care to its customers to serve safe food. This includes following proper food safety procedures and storing food at the correct temperature. A school has a duty of care to its students to provide a safe learning environment. This includes supervising students during school hours, ensuring that playground equipment is safe, and preventing bullying. A local government has a duty of care to the public to maintain safe roads and parks. This includes repairing potholes, trimming trees, and removing dangerous debris. Duty of care is a serious legal obligation, and businesses and employers can be held liable for breaching their duty of care. This means that they may be sued for damages or even face criminal charges. Benefits There are a variety of benefits that come with businesses meeting their duty of care. These include: Reduced risk of workplace accidents and injuries: When a business meets its duty of care obligations, it is taking steps to protect its employees from harm. This can lead to a reduction in workplace accidents and injuries, which can save the business money on insurance costs and prevent downtime caused by injured or unwell staff. Improved employee morale and productivity: Employees are more likely to be motivated and productive if they know that their employer is committed to their health and safety. When employees feel safe and valued, they are more likely to stay with the company and perform their jobs to the best of their ability. Enhanced reputation: A business that is known for its commitment to safety is more likely to be respected by customers, suppliers, and other stakeholders. This can lead to increased business opportunities and partnerships. Stronger legal compliance: By meeting its duty of care obligations, a business is reducing the risk of legal action being taken against it. This is because the business is demonstrating that it is taking reasonable steps to protect its employees and others from harm. The Work Health and Safety Act As well as having a moral responsibility toward duty of care, the Work Health and Safety Act 2011 (Cth) (WHS Act) places an obligation on employers to protect their employees and others who may be affected by their activities. The WHS Act is the federal legislation that sets out the duties of care for employers in Australia. It applies to all workplaces in Australia, regardless of size or industry. The WHS Act requires all employers to: Provide a safe and healthy work environment for their employees Identify and assess risks to health and safety Implement control measures to eliminate or minimise those risks Provide information, training, and supervision to employees Monitor the health and safety of employees and the workplace In addition to the WHS Act, there are a number of other state and territory laws that may be relevant to duty of care, such as laws relating to product safety, environmental protection, and consumer protection. What is the legal definition of a duty of care breach? In legal terms, a breach happens when: Somebody has been injured because of someone else’s behaviour (either their actions or lack of action); and The risk of an injury occurring was clear; and It was reasonably foreseeable that the person would be injured because of the other person’s actions (or lack of action); and If the behaviour that caused the injury was unreasonable (i.e. if a reasonable person in the same situation would have done things differently). What are the legal consequences of a breach? Employers who breach their duty of care may be liable for civil and/or criminal penalties. Civil penalties can include fines and compensation to victims. Criminal penalties can include imprisonment. Let’s take a closer look. Civil penalties Civil penalties can include: Fines: Employers may be fined by a court for breaching their duty of care. The amount of the fine will depend on the severity of the breach and the consequences. For example, an employer who breaches their duty of care by failing to provide employees with safe work equipment may be fined more heavily than an employer who breaches their duty of care by failing to provide employees with adequate training. Compensation to victims: Employers may also be ordered to pay compensation to victims of a breach of duty of care. Compensation can include damages for pain and suffering, loss of earnings, and medical expenses. Criminal penalties In some cases, employers who breach their duty of care may also face criminal charges. This is particularly likely if the breach of duty of care results in serious injury or death. For example, an employer who knowingly exposes their employees to dangerous chemicals may be charged with criminal negligence. Examples of criminal penalties for breaching a duty of care Here are some examples of criminal penalties that employers may face: In New South Wales, an employer who breaches their duty of care and causes the death of an employee may be sentenced to up to 25 years in prison. In Victoria, an employer who breaches their duty of care and causes serious injury to an employee may be sentenced to up to 10 years in prison. In Queensland, an employer who breaches their duty of care and causes the death of an employee may be sentenced to up to 20 years in prison. It is important to note that the consequences of breaching a duty of care will vary depending on the specific circumstances of the case. However, it is clear that employers can face serious penalties for breaches. What other negative effects can a breach have? Beyond the legal implications, there are a number of negative effects that a business can experience if they do not fulfill their duty of care: Reduced employee morale and productivity: Employees who feel unsafe or undervalued are less likely to be motivated and productive. This can lead to increased absenteeism, turnover, and decreased output. Damaged reputation: A business that is known for its poor safety record is likely to be viewed negatively by customers, suppliers, and other stakeholders. This can make it difficult to attract and retain customers, partners, and investors. Financial losses: In addition to the cost of legal action, businesses that breach their duty of care may also face financial losses from insurance claims, medical bills, and lost productivity. Increased risk of accidents and injuries: Businesses that do not meet their duty of care are more likely to experience accidents and injuries in the workplace. This can lead to increased costs and disruptions to business operations. How to meet your duty of care Identify and assess risks: Employers should conduct regular risk assessments to identify and assess hazards in the workplace. This includes hazards such as dangerous machinery, chemicals, and physical hazards such as slips, trips, and falls. Implement control measures: Once hazards have been identified, employers must implement control measures to eliminate or minimise the risks associated with those hazards. Control measures may include engineering controls (such as machine guards), administrative controls (such as safe work procedures), and personal protective equipment (such as gloves and safety glasses). Provide training and supervision to employees: Employees need to be trained on safe work procedures (such as manual handling) and how to identify and report hazards. They also need to be supervised to ensure that they are following safe work practices. Maintain a safe and healthy work environment: This includes keeping equipment in good repair, ensuring that there is adequate ventilation, and providing appropriate cleaning and sanitation facilities. In a modern context, employers must also address working from home health and safety, including making sure remote employees have a safe environment to work in. Monitor the health and safety of employees and the workplace: This includes regularly inspecting the workplace for hazards, conducting risk assessments and updating your risk management plan accordingly. It also includes having an accident reporting process in place and monitoring employees for signs of work-related illness or injury. It’s not just a legal obligation, it’s the right thing to do Australian businesses and employers have a serious legal responsibility to keep their employees, customers, and the public safe. But remember, it’s more than just a legal requirement – it’s the right thing to do. How can Peninsula help? Over 30,000 business owners trust Peninsula to support them with their health and safety obligations. Unsure about your WHS responsibilities and whether you’re meeting them? We can help your business too.* For peace of mind, call our advice line on 1300742953.

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Related Guides

Model Work Health and Safety Laws

Manual Handling

Managing health and safety at work

Lone Working

Duty of Care

Related Guides

Model Work Health and Safety Laws

Manual Handling

Managing health and safety at work

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