In Short
- Regulators are emphasising safety and managing workplace violence and end-of-year event risks.
- Queensland’s new safety rules empower health and safety representatives with the ability to issue notices to workers directly.
- Employers must ensure WHS compliance, including for workers at home, following a South Australian compensation case.
Tips for Businesses
To uphold WHS obligations, conduct regular risk assessments, especially for remote workers, and maintain communication about safety. Implement effective strategies for managing safety at work events and address the needs of multicultural and migrant workers. In Queensland, adapt to legislative changes around health and safety representatives’ powers and rights of entry provisions.
Table of Contents
Officers have ongoing obligations to ensure that their organisations remain compliant. They also must have current and relevant knowledge of work health and safety matters. This update will help officers comply with their obligations and stay updated with changes to WHS by highlighting recent developments.
Regulators Focus
Regulators are continuing to focus on both physical and non-physical risks to safety. A focus has been placed on addressing issues of workplace violence and aggression. While it is nearing the end of the year, employers should be mindful of their WHS obligations to ensure their workers’ health and safety, including keeping them safe during work Christmas parties and end-of-year celebrations.
Amendments to Legislation
Queensland Introduces New Safety Rules to Help Restore Productivity to Worksites
The Queensland Government has passed legislation that allows health and safety representatives to issue ‘cease unsafe work’ notices directly to workers. Previously, these notices had to be issued to the business itself.
The above changes have already come into effect.
Other Changes
Safe Work Australia has published an information sheet for employers on ‘Communicating with migrant and multicultural workers about work health and safety’. This provides information about employers’ duties, workers’ rights, and ways to manage work health and safety risks to migrant and multicultural workers.
As a business owner, you have a legal obligation to provide a safe workplace for your employees and customers. This free guide explains how.
Cases and Incidents
A worker in South Australia who constructed a trip hazard while working from home has been awarded workers’ compensation. The decision reminds businesses that they must take all reasonably practicable steps to ensure the health and safety of those working from home.
1. What Happened?
A council worker who was working from home injured themselves after falling over a temporary pet fence. The worker tripped over the pet fence she had set up in the doorway of her home office when she went to make a cup of coffee. The injury resulted in the worker breaking her arm and injuring her knee.
A claim arose after the employee contended they were eligible for workers’ compensation.
2. What Was the Outcome?
The tribunal found that the worker was eligible for workers’ compensation. It held that the employee was taking an authorised break and that her injuries arose from her employment. It also noted that, aside from having a checklist in place, the employer did not effectively take reasonable steps to abrogate their responsibilities for providing and maintaining a safe working environment.
3. Key Takeaways
Although this was a workers’ compensation case, it serves as a reminder for employers who allow staff to work from home to ensure they maintain their WHS obligations concerning physical and non-physical safety risks. As a business, you should be taking reasonable steps to help assess the safety of an employee’s work area and assist them in managing risks within their home office.
Some ways an employer can take reasonable steps include:
- regular check-ins with workers;
- having staff take photos of their work area; or
- performing ergonomic assessments to ensure their home office environment is safe.
A business is not expected to eliminate every risk that may arise when an employee works from home. However, as an employer, you should ensure that you conduct risk assessments and document the steps you have taken if an incident arises.
Questions?
If you need legal assistance with a WHS matter or need help identifying an officer, book a consultation call on Prism. As a member, you can request unlimited legal advice consultations.
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