The safety clock is ticking
Welcome to the HWL Ebsworth National Safety Update.
As we approach the festive season of the year, it is a time when competent, experienced team members start to focus on end of year parties and holidays. It is during these times that leaders within your business need to raise the level of safety expectations and deliver personal reminders to team members of the importance of everyone’s safety and wellbeing.
The blurred lines between being at work, a work function and not at work, have not become any clearer this year. The Safety Regulators continue to voice, “Respect at Work”, with Safework NSW setting its 2024 to 2026 Psychological Health and Safety Strategy. Inappropriate workplace behaviours and sexual harassment are now being pursued by the safety regulators as a breach of the Work Health and Safety and Occupational Health and Safety Laws.
Now is the time to consider the corporate safety culture of your business, in light of the below articles and court outcomes, before the Festive Season has arrived.
New South Wales
Corporate state of mind and safety culture
The NSW Work, Health and Safety Act (WHS Act) now includes provisions to assess the corporate safety culture of the Person Conducting the Business or Undertaking (PCBU), to prosecute breaches of the WHS Act.
If a corporate culture existed within the PCBU that directed, encouraged, tolerated or lead to the carrying out of unsafe conduct, then such conduct will be used against the PCBU, Directors and Officers, to demonstrate an offence of Gross Negligence or Reckless Conduct under section 31 or Industrial Manslaughter under section 34C of the WHS Act.
Click here to read more.
Commonwealth
Comcare issues guidance on measures to reduce workplace sexual harassment
Comcare has sought to provide employers with clear guidance on effective measures to reduce sexual harassment in the workplace, following on from the Respect Work report and subsequent legislative and other regulatory changes.
The Systems for Respect Rapid Review (Rapid Review) was released in August 2024 as a mechanism for building capability to address sexual harassment in Australian workplaces. The literature review considered 14 studies that examined various types of interventions aiming to reduce sexual harassment in the workplace.
The conclusions of the Rapid Review reinforce that while single interventions such a sexual harassment policies may have some utility (including in helping workplace participants understand what sexual harassment is and why it needs to be addressed), workplaces need to have a holistic infrastructure to address the pervasive issue that is sexual harassment in the workplace.
A range of interventions are necessary to adequately and effectively respond to sexual harassment in the workplace in addition to such policies, including:
- a values driven culture where anti-harassment behaviour is modelled;
- appropriate training for employees and managers;
- an effective complaints system; and
- protections from vilification.
This article was written by Alison Spivey, Partner and Georgia Driels, Associate.
Australian Capital Territory
Notification of work processing legacy engineered stone from 1 November 2024
From 1 July 2024, a ban on engineered stone came into effect in the ACT.
Under the ban, businesses must not carry out work that involves the manufacture, supply, processing, or installation of engineered stone benchtops, panels, and slabs.
Removal, repairs, minor modification and disposal of existing engineered stone benchtops, panels and slabs (legacy engineered stone) are exempt from the ban.
However, PCBUs engaging in work processing legacy engineered stone must:
- ensure a Safe Work Method Statement is prepared in relation to the work; and
- from 1 November 2024, notify WorkSafe ACT before carrying out (or requiring someone to carry out) work that involves processing legacy engineered stone.
This article was written by Alison Spivey, Partner and Georgia Driels, Associate.
South Australia
New Dispute Resolution model in Work Health and Safety Act 2012 (SA)
From 1 September 2024, a new model for resolution of work health and safety disputes has been introduced. This article explores the new process.
Click here to read more.
Western Australia
WorkSafe WA released a draft Code of Practice, FIFO Code
WorkSafe WA released a draft Code of Practice, “Psychosocial hazards at work for fly-in fly-out (FIFO) workers in the resources and construction sectors” (FIFO Code), for public comment until 24 October 2024. Once approved, the FIFO Code will replace the current “Mentally healthy workplaces for fly-in fly-out (FIFO) workers in the resources and construction sectors” Code of Practice (Old Code).
Click here to read more.
Queensland
Worker falls through refrigerated ceiling panel in Queensland
On the 30 October 2024, a company that manufactured and arranged for the installation of insulation panels, was sentenced, with its subcontractor, in the Mackay Magistrates Court for breaching section 19 and 32 of the Work Health and Safety Act of Queensland.
Click here to read more.