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As a utilities, industrial or environmental business, you have certain obligations to your customers and your staff when it comes to safety. As a reputable and trustworthy company, you will undoubtedly be keeping safety in mind in everything you do. However, it is still essential to understand your responsibilities under Australian law. At all times, you must manage incidents to prevent damage that can cost you time, money and your reputation. This article will unpack the legal essentials of customer safety and your workplace health and safety obligations.
Customer Safety
Regulations govern the level of care and quality you need to apply to your work as a utilities, industrial, or environmental business. Generally, all utilities work must be properly undertaken by competent licensed professionals. Be sure that your employees who physically undertake utilities work are properly accredited.
Additionally, your business must comply with any regulations regarding the quality of work, including requirements about the materials you must use. If you notice a defect with a customer’s utilities network, such as poorly installed piping or improperly grounded electrical parts, you should inform the customer as soon as possible.
Further, ensure that all relevant safety measures are in place. For instance, cover any exposed wiring or energised electrical parts or route any piping to prevent bursting and flooding.
Employee Safety
Given the nature of your business, which can involve electricity, heavy machinery, and other risk factors, you have specific obligations under workplace health and safety law. These obligations are crucial for managing the safety of your employees in a high-risk environment.
Risk Assessment
You must manage risks proactively so that you and your employees are prepared for potentially dangerous situations before they arise. Risk assessments are essential when employees undertake certain types of work, such as electrical work. There are a few key steps to conducting a thorough risk assessment.
| Identify the risks | You must assess the factors that may cause risk for your employees at work. For example, proximity to wiring or working near energised electrical parts could pose a risk to employee welfare. |
| Assess the risks | You must evaluate the potential harm the risks could cause your employees and the likelihood of damage caused by a risk factor. This step is essential, as it will enable you to determine whether certain risks are too challenging to manage or pose too great of a threat to employee welfare. |
| Control the risks | If you have identified risks associated with performing the relevant work, you will need to implement risk controls. This involves putting procedures in place to minimise the risk of harm to your workers. You can control risk through the use of equipment, clear and detailed procedures, specialised clothing, limited hours and other such means. |
General Workplace Health and Safety Duties
As an employer, you owe your employees a duty to ensure their health and safety. There are a few critical aspects to this duty.
Notably, you must always provide a safe working environment. This means ensuring your employees are not working in conditions that place them at risk of undue harm. While there are risks inherent to working in the utilities, industrial or environmental industry, be sure to minimise any unnecessary risks.
Additionally, ensure equipment and machinery are safe and functional. Regular maintenance of equipment and machinery, particularly where that equipment reduces danger or if the machinery poses a threat if improperly maintained, can mean the difference between a successful job or a workplace safety incident.
Further, you must adequately train and supervise employees. All people who work in dangerous environments must receive adequate safety training and induction. You should also supervise less experienced workers.
Electrical Work
If your employees are conducting electrical work, you must follow all relevant regulations. Generally, electrical parts must be de-energised before employees can work with them. You should isolate electrical parts and ground high-voltage parts before commencing work.
Finally, work on energised electrical parts cannot occur unless the risk posed to human safety by the parts being de-energised is greater than the risk posed to your employees by them working with energised electrical parts.
As a business owner, you have a legal obligation to provide a safe workplace for your employees and customers. This free guide explains how.
Key Takeaways
As a utilities, industrial or environmental business, you owe certain obligations to your customers and employees. In particular, only competent and licensed professionals conduct the relevant work. Likewise, ensure your employees take all necessary safety precautions so that customers are not exposed to unnecessary risk.
Further, you owe duties to your employees to minimise the risks posed to them at work. You must perform thorough risk assessments and meet your duty to ensure employees’ health and safety.
If you need assistance meeting your obligations under safety law, our experienced utilities and environment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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