WorkSafe WA released a draft Code of Practice, FIFO Code

14 November 2024

Whilst the WA update relates to a resource industry specific draft Code of Practice, it is relevant to all employers who have workers who work alone or remotely and can also be adopted across all industries as best practice, given the resource industry’s role as a leader in remote working psychosocial safety.

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).

The mental health of workers and appropriate workplace behaviours in the mining industry have been issues of concern over the last 10 years, with the following notable publications:

  • a Western Australian parliamentary inquiry into the mental health impacts of FIFO work arrangements in 2015 addressed camp accommodation risks, suicide rates, fatigue and bullying;
  • the “Enough is Enough”: Sexual harassment against women in the FIFO mining industry report in 2022 made 79 findings and 24 recommendations for addressing “horrendous violence and abuse women are subjected to while going about their work”; and
  • the 2023 study “Suicide in the Australian Mining Industry: Assessment of Rates among Male Workers” has confirmed that the suicide rate among mining and construction workers is above the incidence in other industries and rising.

As the resources hub of Australia, Western Australia utilises fly-in fly-out (FIFO), drive-in drive-out and bus-in bus-out work arrangements. The impacts of these work arrangements on the health and wellbeing of workers is an issue of concern for society as a whole, not just for employers discharging their legal obligations.

Expanding on the Old Code, the FIFO Code will set out the specific characteristics of FIFO work arrangements that are associated with impacts on mental health, including:

  • roster design, length and compression;
  • commuting arrangements;
  • isolation;
  • high workload and low autonomy;
  • hotelling or non-permanent allocation of rooms in employer-provided accommodation;
  • limited opportunities for quality or meaningful social interactions at employer-provided accommodation; and
  • job insecurity, such as labour hire employment and contracting arrangements.

The FIFO Code makes suggestions of practical ways to improve workplace cultures, such as not displaying inappropriate images in the workplace, ensuring performance management, recruitment and promotion practices place value on respectful behaviour and diversity, ensuring social activities are inclusive and appropriate, and actively increasing diverse representation among sites and individual work groups.

Helpfully, the FIFO Code also focuses on controls that can be implemented to reduce the risk of violence, harassment and psychosocial harm in FIFO accommodation arrangements, such as improving the security and lighting of camp accommodation, minimising sleep disturbances and ensuring that accommodation has adequate communication (such as wi-fi) to allow workers to contact friends, family and support services.

Once the FIFO Code has been finalised and adopted, it will be a useful resource for those in the mining industry to comply with their obligations under the work health and safety legislation, especially in light of the recent focus on sexual harassment as a safety hazard.

A separate WA Code of Practice for employer-provided accommodation is also being developed to supplement the new FIFO Code, with the draft yet to be released.

Employers in the resources industry should look at making positive changes now to meet the FIFO Code. Employers in other industries should aim to be working towards compliance with the FIFO Code, understanding that its underlying principles will likely be applied across all industries in the near future.

This article was written by Danielle Flint, Partner and Audrey Ooi, Solicitor.

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