OHS Employer Responsibilities - Can You Afford A Prosecution?

This duty of care is set out in the occupational health and safety (OHS) legislation of the various Australian States and Territories which reduce the number of injuries and illnesses in the workplace.

You may share this responsibility because the term 'employer' can include the whole management chain from the chief executive officer down to the supervisor. Therefore a business needs to make each level of management responsible for OHS within his/her area of authority.

What exactly are your responsibilities towards the protection of your employees?

As an employer you must:

• provide safe premises, plant, equipment and systems of work and ensure they are maintained properly;

• ensure that substances found in the workplace are safely used, handled, stored and transported;

• ensure that the workplace has safe means of access and exit;

• provide necessary information, instruction, training and supervision so that employees have the knowledge they need to work in a way that that doesn't endanger health or safety;

• look after the health and safety of visitors;

• provide and maintain a safe and healthy working environment; and

• provide information to employees about any plant, equipment or substances used in the workplace. Information should include precautions and conditions needed for their safe use, potential health and safety problems arising from their use and the results of research carried out on substances or plant.

To ensure your business is operating within the law you and your senior management must not only fully understand the applicable OHS legislation but also demonstrate a commitment to it. This involves developing strategies and providing adequate resources to manage OHS in the workplace.

Can you be found personally liable?

Everyone has responsibility for OHS safety. Employers, employees, self employed, controller of premises - all have obligations to ensure their work environment is safe and without risks to others.

The employer has the ultimate duty of care, but there are also provisions for persons concerned in the management of the company to use all due diligence to prevent a breach of the relevant OHS legislation occurring.

For instance, under the NSW Occupational Health and Safety Act 2000, if a company contravenes any provision of the Act or associated regulations, each director and person concerned in the management of the company is taken to have contravened the same provisions unless the director or person can show that they were not in a position to influence the company in relation to the contravention or used all due diligence to prevent the contravention.

Supervisors and mangers, given their position and responsibilities, are at the forefront of implementing OHS in an organisation. In this role a manager or supervisor must be able to show that they have used all due diligence when dealing with OHS issues to meet their duty of care. Due diligence means taking reasonable care and every precaution reasonable to protect the health, safety & welfare of employees.

Workplace strategies to assist OHS compliance

1. Have senior management gain an appropriate understanding of OHS legal requirements and get them to show a commitment to safety practices.
2. Identify hazards through regular workplace safety inspections.
   The first step in the risk management process is to identify hazards in the workplace. Workplace safety inspections involve the visual examination of the workplace to identify hazards. A safety inspection checklist can be used to record hazards identified during the inspection and to document corrective action required. Workplace safety inspections can be conducted by a number of people within the business, including management, supervisors and employee representatives.
3. Use consultative communication with employees on workplace safety
   Consultation is an effective means for managing OHS in the workplace. There should be a means of communicating safety, which involves the participation of employees. Effective consultation will result in co-operation between management and employees in solving workplace health and safety issues.
4. Assign responsibilities and accountabilities for safety to managers and supervisors. Include KPIs and performance management.
   Managers and supervisors are not only responsible for implementing workplace health and safety strategies to ensure the employer meets its OHS legal obligations, they also should be held accountable for safety. Job descriptions should be developed to include measurable key performance indicators (KPIs) for safety. Measuring their performance against the indicators will provide information on how managers and supervisors are achieving their key OHS responsibilities.
5. Develop a plan for implementing safety across the business.
   Implementation of an effective OHS management system requires a planned co-ordinated approach. An OHS plan will clearly set out how this will be achieved. A plan is developed following an initial benchmark review to identify the current level of risk. It may include OHS program scheduling, inspections, documentation and training.

   As businesses are dynamic, an OHS plan should be reviewed regularly.

6. Have training for directors, managers, supervisors and employees
   Directors, managers and supervisors require information and training to undertake their OHS responsibilities. The provision of instruction and training to employees will ensure that they understand how to work safely. Employees must also be made aware of potential hazards involved in their work activities.
7. Conduct risk assessments in every department
   OHS legislation requires an employer to ensure that the working environment, all systems of work and any plant or substances used are safe and without risk. Employers have an obligation to identify hazards in the workplace, assess the risk associated with these hazards and either eliminate or minimise the risks.

   Risk assessments should be conducted in all work areas. Generic risk assessments may be prepared for multiple workplaces and work processes.

8. Implement specific programs
   Specific OHS programs, for example first aid, machine guarding, manual handling, emergency evacuation, confined space entry, chemical safety, etc. are planned and co-ordinated activities that assist the company in achieving its OHS objectives and targets.

   An OHS program includes objectives, schedule of activities to meet these objectives, procedures and an evaluation/review process.

9. Display mandatory posters and signs
   In most states and territories there are legal requirements to display OHS posters and safety signs in the workplace. Safety signs warn people of hazards, regulate safety behaviour and provide emergency information.
10. Report injuries and accidents, manage rehabilitation and workers compensation
    There are legislative requirements in each state and territory for the notification and recording of details for certain accidents and incidents to the local OHS authority.

    The types of incidents which must be reported include:

    • Accidents resulting in a fatality.

    • Serious work related injuries/illnesses where a person cannot carry out his/her normal duties.

    • Dangerous occurrences (e.g. uncontrolled explosion, escape of gas, etc.)

    Managing workplace injury requires the establishment of a system that ensures the early return to work of an injured worker. This includes early and effective treatment, consultation with all parties, rehabilitation and effective claims management.

OHS tips to help you comply

How safe is your workplace?

Below is a sample selection of questions from six practical checklists developed by Workcover NSW to help establish sound safety practices in the workplace. These checklists are useful to all types of businesses around Australia. Not all the questions may be relevant to your workplace but they should assist you to highlight your own workplace safety issues.

• Are floor surfaces free of water, oil or other fluids?

• Are floor surfaces even?

• Are spills cleaned up immediately?

• Are walkways and doorways clear of boxes, extension cords and litter?

• Is the tread on stairs adequate to minimise slipping?

• Are stairways kept clear of boxes, equipment and other obstructions?

• Are walkways well lit?

• Have you identified emergencies that may require an evacuation of the working area?

• Have you identified what signal(s) will be used to start evacuation?

• Are emergency procedures displayed in your workplace?

• Have you nominated a person to be responsible for managing an evacuation?

• Are switchboards and electrical equipment in a safe condition?

• Are all power points, light fittings and switches in a safe place and free of obvious defects?

• Are main and isolating switches clearly labelled and accessible?

• Are the electrical fittings and electrical equipment, including portable power tools, regularly inspected and maintained?

• Can all materials and equipment be lifted and carried easily?

• Is there appropriate first-aid to deal with splashes or other incidents from chemicals?

• Are machine guards in place on all operating equipment?

• Is there adequate clearance/aisle space around machinery and equipment?

• Is rotation of tasks used to avoid repetitive work?

• Are work benches at a comfortable height?

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