Month: November 2024

Workplace incidents and notifications are governed by a framework of laws, regulations, and industry standards to ensure the safety of workers.

Workplace Health and Safety (WHS) Legislation

Workplace health and safety in Australia is primarily regulated at the federal and state/territory levels. The main legislative framework is:

• Work Health and Safety Act 2011 (WHS Act): This is the key piece of legislation at the federal level, which applies to most Australian workplaces. Each state and territory has its own version of this legislation, and it is aligned with the model WHS Act. The legislation imposes a duty of care on employers to ensure, as far as is reasonably practicable, the health and safety of workers.
• Work Health and Safety Regulations 2011 (WHS Regulations): These regulations provide further detail about specific workplace safety duties, including safe work procedures, risk assessments, and health monitoring.

Workplace Incidents

A workplace incident refers to any event that occurs at the workplace and may result in harm to workers or the public. Incidents can range from minor injuries (e.g., a cut or sprain) to major events (e.g., fatalities or serious injuries). The types of incidents include:

• Injury or illness: Physical injuries, mental health issues, or occupational diseases.
• Near misses: Events where harm could have occurred but didn’t, often providing an opportunity to improve safety practices before a real incident happens.
• Dangerous occurrences: Events that may have the potential to cause harm, such as equipment failures or structural collapses.
• Fatalities: In the worst-case scenario, workplace fatalities.

Notification of Incidents

Employers have specific legal obligations when it comes to reporting incidents. The reporting requirements can vary based on the nature and severity of the incident. There are two main levels of notification:

Notifiable Incidents

Under the WHS Act, certain types of incidents must be immediately reported to the relevant work health and safety authority (usually a government agency like SafeWork or WorkSafe, depending on the state or territory). These are called notifiable incidents and include:

• The death of a worker or another person.
• A serious injury or illness (for example, a fracture, amputation, serious head injury, or any injury requiring hospitalization).
• A dangerous incident (e.g., a gas leak, structural collapse, or the unintentional release of hazardous materials).

Notification timelines

• Immediately: The employer must notify the relevant safety authority immediately after becoming aware of the incident. This typically means by phone or online notification.
• Written report: A formal, written report must be submitted within a specified period (usually 48 hours) following the notification.

Serious Injury or Illness

If a worker suffers a serious injury or illness but it doesn’t fall under the “notifiable” category, employers may still need to report it to their workers’ compensation insurer and keep records of the injury or illness.

Reporting Process

• Initial Notification: This is typically done by phone or an online reporting system (e.g., SafeWork or WorkSafe websites). Employers should provide detailed information, including:
  • The nature of the incident.
  • The injured person’s details (if applicable).
  • The cause of the incident (if known).
  • Actions taken at the scene.
• Investigation: After notification, the relevant authority may conduct an investigation to determine the cause of the incident and whether safety laws have been violated. The employer may also be required to investigate the incident internally to prevent future occurrences.
• Corrective Actions: If the investigation finds safety breaches, corrective actions may be required, which could include implementing new safety procedures, providing training, or making physical changes to the workplace.

Penalties for Non-Compliance

Failure to report notifiable incidents or comply with WHS regulations can lead to serious penalties. Penalties may include fines and, in extreme cases, criminal charges. For example:

• Corporations: A company may face fines in the range of hundreds of thousands of dollars (up to $3 million or more in some jurisdictions).
• Individuals: Managers or persons conducting a business or undertaking (PCBUs) may face fines and, in some cases, imprisonment (up to 5 years for serious breaches leading to a fatality or injury).

Workers’ Compensation

In addition to notifying the relevant health and safety authority, workers who are injured in a workplace incident are generally entitled to workers’ compensation benefits. Workers’ compensation systems are administered by each state and territory, and benefits typically cover:

• Medical expenses.
• Weekly income replacement if the worker cannot work due to the injury.
• Rehabilitation and retraining costs.

Role of Employers

Employers are required to:

• Provide a safe working environment.
• Ensure that risks are minimised through risk assessments and safe work practices.
• Provide training and protective equipment.
• Report notifiable incidents.
• Cooperate with investigations and implement corrective actions.

Role of Workers

Workers also have responsibilities, such as:

• Following safety procedures.
• Using provided safety equipment.
• Reporting hazards and incidents to employers.
• Participating in safety training.

Conclusion

In summary, the workplace safety framework emphasises proactive risk management, immediate reporting of serious incidents, and ongoing efforts to ensure a safe and healthy working environment. Employers must follow strict reporting requirements for serious incidents, and both employers and workers have roles in maintaining workplace safety.

Sherm Software’s Incident Management provides an efficient, paperless solution for managing workplace incidents, from initial reporting to final resolution. With features that support compliance, encourage a culture of safety, and streamline the incident process, Sherm is an invaluable tool for organisations prioritising a safe work environment.

Work Health and Safety laws in Australia have evolved over many years to create a safer working environment for employees and employers.

Early Beginnings (Pre-1970s)

Before the 1970s, there were limited and varied regulations around workplace health and safety across Australia. Each state had its own legislation, and safety standards were not uniform. Most of the laws focused on specific industries, such as mining, and were often reactive rather than proactive in addressing health and safety risks.

• 1900s: Industrial safety laws began to emerge in the early 20th century, but they were often focused on specific hazards such as machinery, fire safety, and hazardous substances.
• 1930s–1940s: Industrial safety was still treated as an issue of personal responsibility rather than something that required systemic management. Regulations were often inadequate, and workplace accidents were common.

Industrial and Occupational Safety Legislation (1970s–1980s)

The 1970s saw significant changes in how work health and safety was approached in Australia, largely driven by international movements, growing industrial activism, and increased awareness of workers’ rights. The rise of trade unions and political movements in the 1970s pushed for stronger health and safety protections.

• 1970s: There were attempts to implement more comprehensive safety standards in various industries. However, these were still largely irregular, with different standards across states and territories.
• 1980s: This decade marked a significant shift towards more consistent regulation, particularly with the introduction of national standards and codes of practice. During this time, safety standards were enforced more rigorously, with the establishment of specific health and safety authorities at the state level.

The Push for National Harmonisation (1990s–2000s)

By the 1990s, the need for a unified approach to Work Health and Safety laws became increasingly clear. Australia’s economy was becoming more integrated, and there were growing calls for a national approach to industrial safety standards. Different state and territory laws created confusion, particularly for businesses operating in multiple jurisdictions.

• 1991: The National Occupational Health and Safety Commission (NOHSC) was established to provide national leadership on occupational health and safety issues. Its role was to develop national guidelines, codes of practice, and technical standards.
• 1995: The Model WHS Act was first developed by NOHSC to create a uniform framework across the country. It provided a model for states and territories to follow, though not all states and territories adopted it immediately.

The WHS Harmonisation (2010s)

The most significant reform in Australian WHS law came in the early 2010s when a process was launched to harmonise workplace health and safety laws across the country. This reform aimed to create consistent regulations, simplify compliance for businesses, and enhance protection for workers.

• 2008–2011: The Safe Work Australia (SWA) initiative was established by the Australian Government to develop model WHS laws. This included a model WHS Act, Regulations, and Codes of Practice, with the goal of ensuring uniformity across Australia.
• 2011: The Work Health and Safety Act 2011 (WHS Act) was passed as a model law for Australian jurisdictions. The WHS Act was designed to be adopted by all states and territories, with only minor variations based on local circumstances.

Key features of the WHS Act 2011 included:

• A focus on risk management rather than prescriptive rules.
• Clear duties of care for employers, workers, contractors, and suppliers.
• The introduction of workplace health and safety representatives and health and safety committees in larger businesses.
• Greater accountability and penalties for non-compliance, including the introduction of personal liability for officers (e.g., company directors) who fail to ensure compliance.

With accountability being restored in the model laws, business owners and company directors were given specific due diligence duties for the first time. The employer became the senior duty holder with the overall responsibility for the health and safety of the workplace and workers were tasked with WHS responsibilities to themselves and the people they work with.

The passage of the WHS Act 2011 marked a significant milestone, but the ongoing process of regulatory evolution ensures that workplace health and safety will remain a central issue in Australian law for the foreseeable future.

Sherm Software plays a critical role in helping employers maintain accountability for creating and maintaining a safe and compliant work environment. By digitising and automating health and safety processes, Sherm Software can ensure that employers are meeting legal obligations, protecting employees and fostering a safety-first culture, now and into the future.

Work Health and Safety (WHS) laws now include Regulations on Psychosocial Hazards, along with the Managing Psychosocial Hazards at Work Code of Practice which explains the laws and how to comply with them.

In today’s fast-paced and demanding world, the impact of psychosocial risk factors on mental health and well-being cannot be overlooked. Understanding these risk factors is crucial for individuals and organisations.

Psychosocial risk refers to the interaction between social and psychological factors in the workplace that have the potential to negatively affect a person’s mental health. This can include high job demands, low job control, inadequate support from colleagues or supervisors, workplace harassment, and a lack of work-life balance, among others.

Failing to address psychosocial risks can lead to various mental health problems such as stress, anxiety, depression, burnout, and even physical health issues. Moreover, it can also result in decreased productivity, increased absenteeism, and higher turnover rates within organisations.

To ensure the well-being of individuals and promote a healthy work environment, it is crucial to address and manage psychosocial risk factors effectively.

Taking action to address psychosocial risk

Understanding and addressing psychosocial risks is paramount for promoting mental health and well-being in the workplace. By recognising the impact of these risks on individuals and organisations, stakeholders can take proactive steps to mitigate them effectively. Through open communication, support resources, and a culture that prioritises mental health, organisations can create a work environment that fosters resilience and well-being.

Employers play a critical role in this process, as their commitment to mental health can significantly influence the overall work culture. By implementing strategies to identify and address psychosocial risks, organisations can enhance employee satisfaction, reduce absenteeism, and improve productivity. Additionally, providing support resources and fostering a culture of empathy and understanding can empower individuals to seek help and prioritise their mental health.

Ultimately, addressing psychosocial risks is not just a responsibility but an investment in the well-being of employees and the success of the organisation. By taking action to promote mental health and well-being, organisations can create a thriving workplace that benefits everyone involved, leading to a healthier, more engaged, and productive workforce.

Sherm HSEQ Management System Software assists employers to identify and address psychosocial risk with the ability to report hazards as they arise through the Hazard and Risk Management module. Employees can swiftly report hazards through intuitive interfaces on both desktop and mobile while Sherm automates hazard assessment, risk evaluation, and corrective action planning, streamlining hazard management.

As an employer or business owner, even if you’re self-employed, you are legally responsible for the health and safety of yourself and everyone who visits your place of work, including workers, clients, visitors and volunteers. Your legal responsibility is known as your primary duty of care and Sherm Software can help you fulfil these responsibilities.

To meet primary duty of care, you must:

Provide a Safe Work Environment

Employers are required to maintain a safe physical work environment for their employees. This includes:

• Ensuring that the workplace is free of health and safety risks (e.g., hazardous substances, unsafe machinery, fire hazards).
• Conducting regular safety checks and risk assessments to identify and mitigate hazards.
• Maintaining and ensuring the proper upkeep of equipment and machinery to avoid accidents.

Sherm Software provides an inbuilt Form Builder for customisation of inspections for conducting regular safety checks. Along with identifying hazards, regular safety checks also assist with the upkeep of equipment and machinery.

Risk Assessment and Management

Employers must:

• Conduct regular risk assessments to identify potential hazards in the workplace.
• Implement control measures to eliminate or minimise those risks (e.g., through personal protective equipment, improved processes, or training).
• Keep records of risk assessments and actions taken to mitigate risks.

Risk Assessments are conducted with ease through Sherm Software and control measures created and implemented. Using Sherm, all records are maintained of risk assessments and corrective actions taken.

Employee WHS Training and Education

Employers must provide training and information on workplace health and safety to all employees, particularly when:

• Introducing new equipment, systems, or chemicals.
• Hiring new employees or changing job roles.
• Employees should be educated on how to recognise, avoid, and report hazards.
• Regular safety drills (e.g., fire drills, evacuation procedures) should be conducted.

Sherm Software’s Training and Competency module simplifies the process of providing essential training and competency development in the workplace, ensuring your employees have the necessary skills and knowledge for their roles.

Monitor Employee Health and Wellbeing

Employers should:

• Implement monitoring systems to assess the health of workers exposed to hazardous environments (e.g., noise, chemicals, or physical strain).
• Ensure that there are procedures in place for reporting and dealing with work-related injuries and illnesses.
• Offer support for employees’ mental health, especially for those in high-stress or dangerous environments.

Sherm Software’s Injury Management offers a comprehensive solution for effectively handling workplace injuries. By streamlining incident reporting and documentation, ensuring regulatory compliance, and providing robust case management for injured employees, Sherm Software helps organisations promote workforce well-being.

Provide Adequate Facilities

Employers must provide employees with basic facilities, including:

• Access to clean drinking water, rest areas, and sanitary toilets.
• Safe and accessible changing rooms and storage areas.
• First aid kits and arrangements for medical emergencies.

Consultation and Communication

Employers should:

• Involve employees in health and safety decision-making by providing them with opportunities to express concerns and suggest improvements.
• Set up regular safety meetings or committees where employees can discuss safety issues.
• Communicate clearly about any workplace changes that may affect health and safety.

Schedule meetings with Sherm Software and receive automated attendee notifications and reminders. Track attendance, assign action items and document meeting minutes which will be available to those not in attendance or when required.

Emergency Planning and Response

Employers are responsible for:

• Developing and communicating emergency response plans for potential workplace accidents (e.g., fires, chemical spills, or natural disasters).
• Providing proper training for employees on how to react in emergencies (e.g., evacuation procedures).
• Ensuring that emergency equipment (e.g., fire extinguishers, first aid kits) is readily available and maintained.

Reporting and Record-Keeping

Employers are required to:

• Keep detailed records of workplace accidents, injuries, and near-misses.
• Report certain workplace injuries and fatalities to the relevant authorities in accordance with local laws.
• Monitor and track trends in injuries and illness, taking steps to address underlying causes.

Sherm Software is built with simplicity in mind and offers extensive functionality for reporting, notifications, tracking, alerting and record keeping.

Compliance with WHS Legal Obligations

Employers must comply with:

• National and local health and safety laws, including workplace safety regulations, which are enforced by government agencies.
• Industry-specific safety standards (e.g., construction, healthcare, manufacturing) if applicable.
• Regularly update policies and practices to stay compliant with any changes in regulations.

Non-Discrimination and Whistleblower Protection

Employers must:

• Ensure that workers are not discriminated against for raising concerns about health and safety.
• Provide a mechanism for whistleblowing where employees can report unsafe conditions without fear of retaliation.

Worker’s Compensation and Support

If an employee is injured or becomes ill as a result of their work:

• Employers are responsible for providing compensation or support as required by law.
• This can include medical treatment, rehabilitation, and wages if the employee is unable to work.
• Workers should be encouraged to report injuries as soon as possible to ensure timely intervention and support.

Consequences of Failing to Meet WHS Responsibilities

Failure to meet work health and safety responsibilities can lead to significant consequences for employers, including:

• Fines and legal penalties for non-compliance with safety regulations.
• Lawsuits or claims from employees who are injured or harmed at work.
• Reputational damage, which can affect employee morale and consumer trust.
• Workplace injuries or fatalities, which can have devastating consequences for both employees and the business.

By fulfilling their WHS responsibilities, employers create a safer and more productive work environment, reduce the risk of workplace injuries, and foster a culture of wellbeing that benefits both employees and the business. Sherm Software was built for that purpose, fulfilling WHS responsibilities has never been easier.

Pre-start inspections are an essential part of workplace health and safety (WHS), particularly in environments where machinery, equipment, or vehicles are used. They involve checking equipment or systems before they are used to ensure they are safe and in good working condition.

These inspections help prevent accidents, injuries, and equipment damage, which can have serious financial, operational, and legal consequences.

Considerations are required to ensure compliance and implanting methods to mitigate risk to injury and harm to people, damage to the equipment and to the operational environment.

The following list provides a summary of key activities that should be undertaken in any organisation to address these exposures.

Identifying Potential Hazards Before Use

• Early Detection of Defects: Pre-start inspections help identify equipment faults, wear, or damage that could pose a safety risk. For example, checking for worn-out brakes on a forklift or checking that a fire extinguisher is in working order can prevent accidents later.
• Preventing Malfunctions: Ensuring that everything is functioning properly before operation helps avoid unexpected equipment failure during use, which could cause workplace injuries or damage.

Compliance with Legal and Safety Regulations

• Meeting Legal Requirements: Many industries and workplaces are legally required to perform pre-start inspections to comply with workplace health and safety (WHS) regulations. Failing to perform these checks can result in fines, penalties, or legal liabilities.
• Protecting Employers and Workers: Regular inspections help businesses stay compliant with safety regulations and standards, which are designed to protect both employees and the business itself from legal action in case of accidents.

Enhancing Workplace Health and Safety (WHS)

• Preventing Injuries: Many workplace injuries occur due to malfunctioning or poorly maintained equipment. A simple pre-start check can significantly reduce the risk of these types of accidents. For example, ensuring that ladders, machines, or scaffolding are stable and secure before use can prevent falls or crush injuries.
• Ensuring Safe Working Conditions: Equipment such as forklifts, cranes, or heavy machinery that is improperly maintained can cause accidents like tipping, falling objects, or unintended movement. Pre-start checks help make sure these hazards are addressed.

Cost Savings

• Preventing Expensive Repairs: Small, undetected issues with plant and equipment can lead to costly repairs or even the need for complete replacement. By catching these issues early, businesses can avoid these significant costs. Ensuring records are maintained in the plant register is key.
• Reducing Insurance Claims: If equipment fails unexpectedly and causes an accident, the business may be held financially responsible for workers’ injuries or property damage. By performing regular inspections, you reduce the likelihood of accidents that might result in costly insurance claims.

Fostering a Safety Culture

• Promoting Responsibility: Pre-start inspections encourage employees to take personal responsibility for the safety of the equipment they operate. This helps build a culture of safety, where workers understand their role in preventing accidents and are more likely to report issues promptly.
• Employee Confidence: When workers know that equipment is checked for safety and functionality, they are more likely to feel confident in using it. This promotes a safer, more productive work environment.

Ensuring Operational Efficiency

• Optimising Performance: Equipment that is inspected and maintained is more likely to operate at optimal efficiency. For example, checking for oil levels, tire wear, or fluid leaks in machinery ensures smoother performance and better fuel or energy efficiency, leading to more productive operations.
• Preventing Delays: Equipment failures can lead to delays in work processes, especially in industries where time-sensitive tasks are critical. Pre-start inspections can help reduce the risk of these delays.

Documenting and Tracking Safety Standards

• Creating a Safety Record: Pre-start inspections often require employees to document the condition of the equipment, and any issues found. This documentation provides a clear record that can be referenced in the event of an incident or audit.
• Auditing and Continuous Improvement: Regularly conducting inspections and tracking any recurring issues can help identify patterns and areas for improvement in both equipment maintenance and overall safety practices.

Conclusion

Pre-start inspections are a critical aspect of any workplace health and safety (WHS) program. They help identify potential hazards before they can cause harm, ensure compliance with safety regulations, extend the lifespan of equipment, and improve overall operational efficiency. By integrating pre-start inspections into daily routines, businesses can foster a culture of safety, reduce costs, and protect the health and well-being of employees.