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Labour hire – what are your WHS obligations?

Labour hire – what are your WHS obligations?

When hiring labour, no one should assume that someone else is taking care of health and safety. Everyone in the chain is required to know who is doing what and work together  so risks are eliminated or minimised.

With major construction and infrastructure projects all over the country requiring large workforces, industry is increasingly turning to labour hire to fill the gaps in the workforce.
So what are your WHS obligations to labour hire workers?

Safe Work Australia has published a guide titled ‘Labour hire: duties of persons conducting a business or undertaking’ which provides information for all parties on complying with their health and safety duties for labour hire under the model Work Health and Safety (WHS) laws. This is for persons conducting a business or undertaking (PCBUs), and those involved in the supply of workers (labour hire PCBUs) to work for another business or undertaking (host PCBUs).

Essentially, when hiring labour, no one should assume that someone else is taking care of health and safety. Everyone in the chain is required to know who is doing what and work together with other duty holders so risks are eliminated or minimised as far as is reasonably practicable. What is reasonably practicable will depend on the circumstances.

According to Safe Work Australia, before you engage labour hire workers to carry out work, PCBU’s should consider:

  • Providing the labour hire PCBU/s with detailed information about the nature of work to be carried out, including details of, and where possible supporting material, relating to:
    • The work environment/s
    • Tasks to be performed
    • Accommodation arrangements
    • Any known hazards or risks
    • Any plant or equipment to be used
    • Organisational and WHS arrangements, including supervision arrangements and any other organisations responsible for the worker during the arrangement
    • Health and safety risks associated with the work, and
    • Any skills, knowledge, licenses and qualifications required to safely undertake the work.
  • Verifying, in consultation with the labour hire PCBU, that the selected worker/s have any necessary qualifications, licences, skills and training to carry out the work safely. In limited circumstances, you may be required to verify the worker/s are medically fit to carry out the work (see regulations 168 and 417(3)(b) of the model WHS Regulations)
  • Discussing with the labour hire PCBU, arrangements for health monitoring and vaccinations
  • Consulting with the labour hire PCBU/s on WHS matters including information in relation to who will provide any necessary equipment such as personal protective equipment (PPE), and relevant points of contact for health and safety between the organisations
  • Ensuring that general health and safety information about the work, workplace and work environment has been provided to the worker/s. Check that you have provided this information in a way that is suitable, adequate and readily understandable for the worker/s
  • Eliminating or, if that is not reasonably practicable, minimising risks in the workplace
  • Establishing, in consultation with the labour hire PCBU/s, a review process for ensuring the ongoing WHS of workers, and
  • Any more you can do to ensure the health and safety of all your workers.

The guide also covers what PCBUs need to do while labour hire is engaged in the project, as well as the obligations of those of the PCBUs involved in the supply of workers.

Source: https://www.safeworkaustralia.gov.au/media-centre/news/new-guidance-labour-hire-available

 

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Why sleep is your superpower

Why sleep is your superpower

Are you and your workers skimping on sleep?

It’s been proven that sleep deprivation not only means poorer performance, productivity and safety outcomes, but has an impact on our physical health.

Researchers found workers losing just 16 minutes of sleep (from the 7-9 hours a night recommended) showed a difference between a clear-headed day at work or one filled with distractions.

At the point of sleep deprivation (less than 6.5 hours a night) the likelihood of a workplace accident increases by 70%.

In this deep dive TED Talk into the science of slumber, Matt Walker shares the good things that happen when you get good sleep — and the alarmingly bad things that happen when you don’t (with some surprising insights for men) on both your brain and body.

This includes sleep’s impact on your learning, memory, immune system and even your genetic code — as well as some helpful tips for getting some shut-eye.

 


Sources

https://www.sciencedaily.com/releases/2019/04/190423133605.htm
https://www.americansafetycouncil.com/content/osha-10-safety/


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Focusing on shifting individual attitudes and mindsets regarding how safety is viewed in the workplace, this program also teaches new skills and knowledge to embed behaviour change at an individual and organisational level.

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From our blog

Employers & Managers: New Industrial Manslaughter Law In QLD

Employers & Managers: New Industrial Manslaughter Law In QLD

Negligent Employers & Senior Executives Can Be Charged With Industrial Manslaughter- New Queensland Laws

In a media statement from the Queensland government, Industrial Relations Minister Grace Grace announced new industrial manslaughter laws passed the parliament, leaving negligent employers culpable in workplace deaths with nowhere to hide.

In response to the tragic fatalities at Dreamworld and an Eagle Farm work site in 2016, the Queensland government undertook a Best Practice Review of Workplace Health and Safety in Queensland. The creation of the new offence of industrial manslaughter was one of 58 recommendations contained in the report.  Industrial manslaughter allows the criminal prosecution of owners and employers for workplace deaths.

“Negligent employers culpable in workplace fatalities in Queensland will face severe penalties for the new offence of industrial manslaughter,” said Minister Grace.

“Individuals guilty of industrial manslaughter will face 20 years imprisonment, with corporate offenders liable for fines of up to $10 million. These penalties send out a strong message to all employers that negligence causing death won’t be tolerated under any circumstances.

“Because of increasingly elaborate corporate structures, up until now, it’s been difficult to prosecute some employers for manslaughter.

“But these new laws will hold all employers – regardless of their size or structure – accountable for negligence contributing to a worker’s death.

According to the review, worker representatives and plaintiff lawyers favour the creation of an offence of gross negligence causing death, while industry groups and other legal professional groups favoured retaining the status quo.

To date, the only Australian jurisdiction which had a specific industrial manslaughter type offence was the Australian Capital Territory.

“The legislation passed today is all about ensuring all Queensland workers can return home safely to their loved ones after a day’s work.”

Sources:

Queensland Government Media Release:
http://statements.qld.gov.au/Statement/2017/10/12/new-industrial-manslaughter-laws-to-protect-queenslanders-on-the-job

Best Practice Review Of Workplace Health and Safety:
https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0016/143521/best-practice-review-of-whsq-final-report.pdf

Safety Dimensions will update this page as more news comes to hand about what this means in practice for the QLD safety community.

Victoria’s New OHS Regulations 2017

Victoria’s New OHS Regulations 2017

The Occupational Health and Safety Regulations 2017 (OHS Regulations) and Equipment (Public Safety) Regulations 2017 (EPS Regulations) commenced in Victoria on 18 June 2017.

You can access them here :

OHS Regulations 2017 [PDF, 2.20MB]

EPS Regulations 2017 [PDF, 276kB]

With the new OHS Regulations 2017 already in force, the compliance codes that align with the regulations are now under review. In consultation with stakeholders, WorkSafe has updated the codes, and eight proposed codes are available for public comment from Monday 1 May to Friday 9 June. Find out more about public comment on the compliance codes.

Find out more about OHS Regulations reform.

OHS Regulations changes

The new OHS Regulations 2017 are mainly the same. However, if you are in a workplace where asbestos is present; are a manufacturer or an importing supplier of hazardous substances or agricultural and veterinary chemicals; work in construction; or operate a mine or major hazard facility, you need to become aware of the changes. In most cases, compliance is required by 18 June 2017.

Most importantly, the new OHS Regulations 2017 maintain Victoria’s already high safety standards. In some high risk areas, like asbestos removal work, they improve standards. The changes also deliver significant savings to Victorian businesses in the areas of high risk work licensing and record keeping for designers and manufacturers of plant.

For some changes, transitional arrangements apply to allow duty and licence holders time to become compliant with the updated regulatory requirements.

If you are affected by the changes, WorkSafe Victoria has prepared a range of information and support resources to help you identify what to do to stay compliant when the changes take effect on 18 June 2017,  contact the email address below.

The Regulations have been renumbered with consecutive numbers, in line with the Office of the Chief Parliamentary Counsel’s guidance on the preparation of statutory rules. Reconciliation tables are available through the links below to help you quickly compare the numbering between the 2007 Regulations and the 2017 Regulations.

Support information

For further information contact the WorkSafe Victoria Advisory Service on 1800 136 089 or at ohsregsreform@worksafe.vic.gov.au.

Submissions and feedback

Feedback and engagement from our stakeholders has played a vital part in making sure the OHS Regulations 2017 and EPS Regulations 2017 are streamlined and modernised to better reflect current Victorian work practices.

In 2016 the proposed new OHS and EPS Regulations 2017 were made available for public comment and 61 submissions were received. WorkSafe considered and responded to all submissions before finalising the Regulations.

All of the submissions, including WorkSafe’s response, are available in the ‘Proposed Occupational Health and Safety Regulations 2017 and Equipment (Public Safety) Regulations 2017 – Response to public comment’ through the link below.

Resources

Websites


SOURCE:
Worksafe Victoria https://www.worksafe.vic.gov.au/news/notices/ohs-regulations-reform-2017

WorkLife: Why is work making us sick? (Audio)

WorkLife: Why is work making us sick? (Audio)

Worker compensation claims have been decreasing over time but this masks all kinds of problems with our wellbeing at work.

Making our workplaces healthier and safer means we have to confront all those things causing us stress at work. And that’s not going to be solved by standing desks, complimentary massage or lunchtime yoga.

LISTEN NOW > to the ABC RadioNational podcast of ‘WorkLife: Why is work making us sick?”