In Short
- New WHS regulations highlight the importance of managing psychosocial hazards in the workplace.
- Businesses must ensure compliance with updated WHS laws and maintain a safe environment for employees.
- Non-compliance with WHS regulations can lead to penalties, fines, and reputational damage.
Tips for Businesses
Stay updated on the latest WHS regulations, particularly regarding psychosocial hazards, to ensure a compliant and safe workplace. Regularly review your WHS practices and provide training to employees on hazard management. Consulting legal experts can help you avoid penalties and create a healthier work environment.
Table of Contents
Welcome to your quarterly regulatory update.
As an officer in your business, you have a personal responsibility under WHS law to take reasonable steps to ensure your business is a safe place to work. To help you meet this obligation, it is important to maintain current knowledge of WHS matters as they apply to your business.
Amendments to Legislation
The NSW Government has introduced industrial manslaughter laws with tough penalties of up to 25 years in jail for individuals and $20 million in fines for corporations. These laws allow businesses or individuals to be prosecuted for workplace deaths caused by gross negligence. NSW was previously the only mainland state without such an offence.
The new industrial manslaughter unit in the DPP will prosecute the worst cases of negligence leading to fatalities. Ministers say the harsh penalties reinforce that unsafe work practices risking lives will not be tolerated and that all workers deserve a safe workplace.
In addition, SafeWork Australia has finalised amendments to the model WHS Regulations to assist each state and territory with implementing the engineered stone ban from 1 July 2024. The Queensland government has also introduced age and passenger restrictions for quad bikes in workplaces.
If you require further information about these changes, please reach out.
Cases and Incidents
A Residential Care Provider was fined $300,00 for breaching WHS Obligations as a result of exposing workers to a risk of violence, including inappropriate sexual behaviour in the workplace.
What happened?
The provider entered into an agreement with the NSW Department of Communities and Justice (DCJ) to provide foster care and residential care services using the Intensive Therapeutic Care (ITC) model for young persons with high needs.
At one of the ITC Homes operated by the provider, some residents had significant behavioural issues involving aggression and violence.
During the course of the offending period, on numerous occasions, residents exhibited sexualised and aggressive behaviour towards female workers, including threatening to gut one worker “like a pig” and one resident sexually touching a worker during the course of their employment.
Both workers who were impacted developed PTSD and anxiety as a result of the incidents.
Outcome
The workers raised their concerns with their employer; however, Safework NSW found that the employer failed to:
- conduct adequate risk assessments for the safety of workers;
- develop and implement an adequate Behavioural Support Plan for the residents;
- roster male-only workers to care for Liam, which was a reasonably practicable step; and
- provide adequate after-hours response team support.
The provider pleaded guilty to failing to comply with its health and safety duty under the Work Health and Safety Act 2011 (NSW). The provider was fined $300,000 (reduced from $400,000 due to the guilty plea).
This case study serves as a crucial reminder for businesses of the importance of:
- carrying out effective risk assessments;
- providing training to workers as to how to deal with relevant hazards and risks within the workplace; and
- implementing effective consultation procedures as a way to adequately address the concerns of 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.
Regulators Focus
Family & Domestic Violence
Family and domestic violence (FDV) can present in many forms, with significant impacts on a person’s health, safety and well-being. With the rise of working-from-home arrangements and remote working, employees may be at a higher risk of FDV. In light of this, there has been an increased focus by regulators on how this may fall under WHS.
How can Family & Domestic Violence impact the workplace?
FDV can become a WHS issue if the perpetrator makes threats, intimidates or carries out violence on a partner or family member at the workplace, including if working from home.
This means considering things like public access to the workplace, workers working with a family member or intimate partner, and when a worker is moving between work locations, such as between work sites.
What are some control measures businesses can take?
Some key ways businesses can meet their WHS obligations regarding FDV in the workplace include:
- Developing and implementing a comprehensive policy or plan to address family and domestic violence.
- Providing training for managers and supervisors on how to recognise signs of family and domestic violence and respond appropriately.
- Ensuring there are appropriate leave entitlements, such as paid family and domestic violence leave, to allow victims time off to attend to personal matters.
- Offering confidential counselling and professional support services.
- Reviewing security measures to protect employees at risk, such as changing work locations, providing personal alarms, or allowing flexible work arrangements.
Updated Safework Codes of Practice
Businesses across Australia should be aware of several important updates to Safework Codes of Practice that impact WHS obligations.
Managing the Risk of Plant in the Workplace
This updated code of practice provides guidance on effectively managing the risks associated with various types of plant in the workplace, including machinery, equipment, appliances, and containers. PCBUs should review their plant management procedures to ensure they align with the new guidance.
Sexual and Gender-Based Harassment
The code of practice on sexual and gender-based harassment has been revised, recognising that this type of harm often occurs alongside other psychosocial hazards. As a PCBU, you must consider the interaction between these different risks when managing health and safety.
Work, Health and Safety Consultation, Cooperation and Coordination
Meaningful consultation with workers is a crucial part of your WHS duties. The updated model code of practice outlines best practices for facilitating worker participation and representation on health and safety matters.
Staying current with the latest WHS codes of practice is essential for businesses to meet their legal obligations. The most crucial of these is providing a safe working environment. We recommend reviewing these new guidelines closely and making any necessary updates to your organisation’s policies and procedures.
If you require further information about these changes, please reach out.
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