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WORKPL CE DECEMBER 2020 issues seasonal worker safety Keeping fruit pickers COVID Safe be asbestos aware Dangers in floor sheeting and tiles safety, wellbeing Men’s health, working safely in heat and UV, and more
Contents Publisher Published three times a year by WorkSafe Tasmania. Online To see current and past editions, our warnings about telefraud and NEWS + EVENTS graphic images, and to subscribe, go to worksafe.tas.gov.au then choose the ‘Resources’ button 8 WorkSafe Tasmania Month hits new highs then the ‘Workplace Issues magazine’ link. 12 Tasmania adopts national traffic management guide Phone: 1300 366 322 14 Spotlight on Public Admin and Mining industries Email: wstinfo@justice.tas.gov.au 16 Update: Advisory Service 18 Prosecutions Disclaimer WorkSafe Tasmania and the 19 About Worker Assist: How it can help you Crown in the right of the State of Tasmania, its employees and 21 National report: COVID workers comp claims COVER agents disclaim liability for the accuracy or comprehensiveness of STORY safety the information, data and advice provided in Workplace Issues; and will not be responsible for any 4 Beware of COVID complacency Keeping fruit pickers COVID Safe loss, however arising and whether Burlington Berries explains its COVID Safe measures for or not due to negligence, arising 6 Berry farm’s COVID Safe efforts bear fruit from reliance on, or action taken protecting its workers; and Hillwood Berries is the backdrop on the basis of any information, 10 Working Safely in the heat for our new Safe Farming Tasmania COVID Safe video. data or advice provided in Workplace Issues. 11 Working safely in the sun Any information, data and advice 11 Other summer safety resources is provided solely on the basis that readers will be responsible for 13 Warning: Asbestos in flooring materials making their own assessment and 23 Helping fruit pickers stay COVID Safe verification of such information, data and advice before any reliance is placed upon it. wellbeing Views expressed in Workplace Issues are those of the individual contributors or the editorial 17 Supporting mens health committee and are intended to stimulate discussion. They do not necessarily reflect the policy of regulars page the Government or WorkSafe Tasmania. 3 20 From the Minister Who can claim for workers compensation? 13 ISSN 1444-6316 (Print) ISSN 2204-5597 (Online) 22 Business Tasmania: Here to help Be asbestos aware Throughout, the acronyms 23 Everybody’s Talking Know the risks of vinyl floor sheeting and tiles. ‘WHS’ stands for work health and safety and ‘PCBU’ stands for person conducting a business or undertaking. Cover photo: Hillwood Berries, courtesy Alex Beem Creative Media 2 Workplace Issues No. 97 December 2020
ELISE ARCHER MP MINISTER FOR BUILDING AND CONSTRUCTION Keep on Top of COVID Campaign Now, it is as important as ever that we do I encourage you to stay up-to-date with not become complacent. We must maintain the latest COVID-19 warnings and advice our COVID-Safe behaviours and attitudes, for Tasmania at coronavirus.tas.gov.au. and remember the shared responsibility we Finally, it gives me great pleasure to all have to keep our community and our announce WorkSafe Tasmania’s new loved ones safe. Executive Director, Robyn Pearce. The key to the Keep on Top of COVID Robyn has led WorkSafe Tasmania as campaign is the word ‘keep’. We all need to Acting Chief Executive Officer since keep doing the right things to keep COVID- March 2020, stepping up from her role as 19 away, so we can keep enjoying the things Director Industry Safety (which she has we like to do. held since June 2018). This campaign reminds us to keep washing This coincided with the onset of the our hands, keep social distancing and get COVID-19 pandemic, which brought COVID-19 tested if we experience any about an unprecedented rise in workload cold or flu symptoms. The campaign has throughout WorkSafe Tasmania. Robyn communicated the reasons behind acting led the WorkSafe team throughout this and thinking in a COVID-Safe way so we challenging period, collaborating with the can keep socialising with our friends, keep State Controller, multiple Government visiting our family and keep our business agencies, industry and unions to contribute open. to the Tasmanian Government’s COVID- What does this mean for you and your Safe Workplaces Framework and ongoing business practices, your workers and your recovery work. This was in addition to the customers? important work WorkSafe does day to day in the areas of workers compensation, As our State continues to move forward It means continuing to communicate to asbestos compensation, licensing and more. safely and responsibly with the lifting of your workers, suppliers and customers the certain restrictions and the opening of COVID-Safe control measures you have in I wish to personally thank Robyn and her our State borders, we must continue to be place. This is especially important for any entire team for their incredible efforts to vigilant and keep COVID-19 safety at the measures that go beyond the usual hygiene date during COVID-19, and I wish them all forefront of our minds. and physical distancing, and are unique to the best as they work to make Tasmanian your particular workplace requirements. workplaces safer and healthier into the The Tasmanian Government’s ‘Keep on future. Top of COVID’ campaign recognises It also means addressing any COVID- that we have been able to lift many 19 complacency that may have crept in, As always, please look after each other, COVID-19 related restrictions because the whether that might be with your staff or stay safe and take care. overwhelming majority of Tasmanians did your customers. The Advisory Service’s new the right thing during the height of the column in this edition addresses ways to do pandemic. this, and communication is the key. As individuals and a community, we We do not want to undo the hard work practised good hygiene and maintained Tasmanians have put in over the past physical distancing, followed the rules and nine months. Keep on Top of COVID has guidelines for gatherings and activities, and empowered Tasmanians to feel confident had a test if we felt unwell with COVID-19 to continue with their lives and continue to symptoms. embrace and apply COVID-Safe behaviours. Workplace Issues No. 97 December 2020 3
safety Beware of COVID complacency For most Tasmanians, life has Your COVID Safe plans remain important become easier and returned WHAT THIS MEANS IN PRACTICE guidance for you and your workers. They closer to normal through the should be ‘living documents’ that you Until we have a vaccine, the best way to review on a regular basis, and especially staged easing of COVID-19 remain safe is to continue following and whenever Public Health directions change. restrictions. complying with Public Health guidelines Review your plan’s control measures Lifting restrictions has been made possible and instructions on health, hygiene, to make sure they continue to do what because the overwhelming majority of physical distancing and gatherings. they are supposed to do: keep you, your Tasmanians did and continue to do the workers and your customers safe. For all of us, this means continuing to: right things: practising good hygiene and • wash your hands with soap and water To help inform your review, go back to maintaining physical distancing, following for 20 seconds, and use hand sanitiser our industry resources with fresh eyes. the advised restrictions on gatherings when necessary Are there other actions or measures that and activities, and getting tested if feeling you should incorporate now? Are those unwell with COVID symptoms. • maintain 1.5 metres between yourself you already have in place still working? and others where possible: for While this is good news, it is very Find all our industry guidelines (developed example, at work, when lining up at the important that we all don’t fall into the in consultation with Tasmanian industry supermarket, when exercising trap of complacency, and we maintain stakeholders and representatives) at our • getting tested if you have any COVID-19 COVID-19 web pages. Go to these good behaviours, especially with our symptoms and staying home while you worksafe.tas.gov.au/coronavirus and search borders reopening to interstate travellers. await the results. for ‘guidelines’. We need to remain vigilant — as For workplaces, this means: New information sheets and templates individuals and as workplaces. • continue to promote good hygiene, have also been developed, further distancing and testing to your workers: explaining density, distancing and mixing A FALSE SENSE OF SECURITY with posters, staff newsletters or requirements — and how to comply with emails, and team meetings. Be up-front them. There are documents specifically We have seen other states and countries about complacency and discuss the aimed at gyms and event organisers, suffer second waves, and tighter rounds of importance of remaining COVID Safe to help them ensure they meet all restrictions. • continue to communicate the the COVID Safe requirements. Go to COVID Safe control measures that worksafe.tas.gov.au/coronavirus and search Switching restrictions off and on again are particular to your workplace for ‘framework’. would come at a significant cost: to our personal freedoms, our livelihoods, our operations, activities and environment. mental health and wellbeing, and our local and state economies. REVIEW YOUR PLANS, STAY UP TO DATE So it is very important that we all keep doing what is needed to prevent Even as we enjoy ‘the new normal’, coronavirus taking hold again in our control measures are still required (and community. will be enforced by WorkSafe Tasmania’s Inspectorate). 4 Workplace Issues No. 97 December 2020
COVID-safe behaviours for the workplace Follow this advice to protect yourself and others. Wash your hands frequently for at least 20 seconds. Use alcohol- based hand sanitiser if hand washing is not available. Cover coughs and sneezes with a tissue or the inside of your elbow. Dispose of used tissues immediately using a rubbish bin. Stay 1.5 metres away from other people. Clean and disinfect frequently touched surfaces, equipment and shared spaces. Stay home if you have cold or flu-like symptoms. Get tested for COVID-19. Keep up to date. www.coronavirus.tas.gov.au
Berry farm’s COVID Safe SAFETY efforts bear fruit Family-owned berry farm Burlington Berries is in the midst of its However, the company was also unafraid to act early, especially busiest time of year: harvesting and packing its juicy, high-quality in the early days of the pandemic when specific industry or strawberries and raspberries ready for customers all around government consensus was not yet available. Australia. The team worked together to develop and communicate its This year, the company has had an extra layer of preparedness new policies: ‘This remains a key part of maintaining buy-in from for the harvesting season: making sure its operations and long- the wider team,’ explained Laurie. ‘Communication has been time and seasonal workers are COVID Safe. important, ensuring our workers are aware of what and why we’re doing things.’ ‘Our approach at Burlington has been driven by an acute awareness of our responsibility to the local community, our long- The berry business is ‘such a labour intensive business’, so the term workforce and the significant number of seasonal workers potential impact of a COVID case would have ‘wide-ranging for whom we have a duty of care,’ said General Manager of impacts’, said Laurie. Burlington Berries, Laurie Adams. ‘Thankfully with the current situation, theses impacts remain Laurie and his team started planning when the first cases and potential, not actual. But our approach was to look at the lockdown hit Tasmania earlier in 2020. situation in terms of different risk levels: low, medium or high. Each of our areas had increasing levels of controls as the risk ‘This was the last few months of our 2019–20 season, so we level in Tasmania changed,’ explained Laurie. ‘As cases arrived had a decent number of workers on site. Where it was possible, or spread in the state, we had our responses planned and we moved people to working from home or working in isolation ready to implement; and the team was aware of these levels, immediately, and as the first lockdown evolved we developed which mitigated any shock or frustration when or if we had to what would become our integrated COVID policies,’ explained implement them.’ Laurie. A crucial characteristic of Burlington’s response was adaptability: remaining open to the rapid pace of change. ‘Throughout March and June, our senior managers held short daily meetings — outdoors, standing two metres apart — to adapt and respond quickly. We had to talk often and act quickly,’ said Laurie. ‘As we moved to a more stable position in Tasmania in June, we started to formally draft a plan for the winter and our next season.’ The senior management team discussed (and still does) COVID at each weekly meeting, and the manager of each of the company’s different areas (for example, harvest, welfare, and the packhouse) is expected to lead their team. ‘The overall policy and approach was pulled together by Maddie Fish, our Human Resources Officer, in consultation with the area managers.’ Consultation was an important part of Burlington Berries’ COVID preparations. ‘We consulted heavily with our regional grower group, which includes other berry farms, and developed a lot of policies together with them. Likewise we were able to draw on the various government websites for guidance, including WorkSafe Tasmania’s. ‘And Burlington is fortunate to have a sister company in the UK, so we could learn from their experiences over the northern summer.’ 6 Workplace Issues No. 97 December 2020
So what control measures has Burlington Berries introduced to Burlington Berries also recognises the impact the pandemic has make its workers and the broader community COVID Safe? had on the welfare of its workers, when staff were asked to isolate, work from home or adjust to new practices. ‘And often ‘We’ve put as many practical controls in place as we can, such our seasonal workers are far from home, living in farm-provided as a host of office and field-based hygiene facilities, digital sign- accommodation, and at a high risk from the physical and mental in procedures, Perspex screening, and workstation spacing and health issues posed by COVID-19. workforce separation,’ said Laurie. ‘We’ve set up the various accommodation facilities to allow for quarantine and workforce ‘Without doubt COVID-19 has posed a host of challenges and isolation.’ brought significant working changes,’ said Laurie. ‘The team has had to rise to the situation, but has developed a range of skills Consideration of staffing levels is a very important matter for and experience that will make them and Burlington a more Burlington Berries, especially as it moves back into peak season resilient business going forward.’ when there will be over 300 people on site. ‘Due to the fact that we employ staff in our own accommodation as well as the community, we’ve had to develop systems to group the workforce not just by operation but also by living location and transport to site. ‘It’s been challenging to be so involved in people’s lives, but the priority is keeping the team, community and business safe.’ Scenario planning has also been important: ‘We keep running contingencies and scenarios to see how our systems will hold up and adjust as needed. Likewise as the government advice and situation in Australia changes, we need to react and evolve.’ Obviously this level of preparedness comes at a cost. ‘Inevitably there has been investment in hygiene facilities, workstation and workforce separation. Probably the biggest investment has been in scenario planning and contingency preparations, stress-testing ideas and assumptions as early as possible. And contingencies, such as securing extra accommodation and vehicles, comes at a cost.’ All photos courtesy Burlington Berries Workplace Issues No. 97 December 2020 7
0 WorkSafe Tasmania Month hits new highs Over the years, WorkSafe Month has successfully helped ‘The feedback we’ve received from presenters and participants workers, managers and employers learn how to manage has been exceptional, and we now have these wonderful workplace hazards, comply with the laws, understand their rights resources for everyone to use in the future. and responsibilities, manage positive return to work outcomes, and become healthier too. ‘Ongoing collaboration with stakeholders has been the key to the success of this project, and we will continue to do this to ensure This year was no exception! a safer and healthier Tasmania through WorkSafe Month.’ Respecting COVID-19 restrictions and safety measures, WorkSafe Month in Tasmania supports Safe Work Australia’s WorkSafe Tasmania, on behalf of the WorkCover Tasmania National Safe Work Month. Board, provided an energised online program. ‘WorkSafe Month is always evolving to meet the information needs and wants of employers and workers. In these unprecedented times, we wanted to focus on helping everyone 2021 and beyond navigate through this difficult and unpredictable period,’ said We recognise how important it is to engage Senior Project Manager Stephanie Mirowski (below), who has been involved with the Month since 2008. with our stakeholders and the community all year round, not just in WorkSafe Month, Focusing on the theme ‘Safe Bodies, Safe Minds’, WorkSafe so next year we will roll out our 2021–2023 Month saw expert speakers, business leaders and health and WorkSafe Engagement Program. safety professionals deliver webinars on a topics covering WHS, wellbeing, mental health, injury management and return to work. The Program will deliver education and OzHelp (a program of Lifeline Tasmania) delivered free and engagement activities throughout the year, subsidised online training covering suicide prevention, mental to ensure we’re providing you with ongoing health first aid, managing mental health and wellbeing in the opportunities to learn more about WHS, workplace, and supporting others in the workplace. wellbeing and return to work. Going completely online allowed individuals and groups, To stay up to date, subscribe to our mailing list no matter where they are based, a greater opportunity to participate in our 37 webinars. at worksafe.tas.gov.au/subscriptions. There were over 4,000 registrations from people not just in Tasmania, but from all over the world. A further 196 people participated in OzHelp’s training. ‘It was great to see how successful this year has been with everyone embracing the change to an entirely virtual WorkSafe Month,’ said Stephanie. WorkSafe Tasmania’s Senior Project Manager, Stephanie Mirowski
news + events WorkSafe would like to The month in numbers thank our webinar presenters 37 webinars attracted over for their excellent presentations 4,000 registrations from all over the world, with 2,270 Robert Aurbach: Uncommon Approach attending. Klaus Baur: Heart2Heart Foundation David Bentley: Just Leadership Kristen Carroll: Lifeline Tasmania Inc Natasha Cloak: SPEAK UP! Stay ChatTy 196 people participated in Scott Coleman: Preventure Pty Ltd OzHelp’s training. Rhys Cooper: Longitude6 Maurice Dawe: Drug Education Network Anne-Marie Dean: Tasmanian Association of Vocational Rehabilitation Providers More than 50 presenters from Professor David Dunstan: Baker Heart and Diabetes Institute over 40 local, national and Lorna Farquhar: Tas Ergonomic Collaborative international organisations. Ruth Feeger: Tasmanian Association of Vocational Rehabilitation Providers Yohana Franklin Everymind Liz Freeman: Tas Ergonomic Collaborative 27,636 viewed Ella French: Cancer Council 27,636 worksafemonthtas.com.au Wendy French: Talking about...Training with 6,155 unique visitors. Jennie Gorringe: Equal Opportunity Tasmania Associate Professor Genevieve Healy: University of Queensland LinkedIn gained approximately Ros Herbert: Council on the Ageing (COTA Tasmania) 258 followers and 5.844 Klaus Hofer: Communications and Training International unique users engaged with our Dr Kieran Holm: Positive Solutions Facebook page. Ross Iles: Monash University Andrea Ireland: Tas Ergonomic Collaborative Associate Professor Nektarios Karanikas: Queensland University of Technology Angelina Lee: PhysioForward Alicia Leis: WLF Accounting and Advisory Lyn McGaurr: Council on the Ageing (COTA Tasmania) Watch the webinars again Alison Merridew: WLF Accounting and Advisory Garry Mills: Garry Mills Peak Performance If you want to watch the webinars again, share Jessica Munday: Unions Tasmania them with your co-workers, or if you didn’t Associate Professor Kimberley Norris: University of Tasmania get the chance to see them when they we Justin Ockerby: IPAR Rehabilitation re live, catch up with them on our Youtube Brad Parker: WorkSafe Tasmania channel. Go to youtube.com/WorkSafeTas. Daniella Polita: Tas Ergonomic Collaborative Mark Reggers: 3M Dave Reynolds: Drug Education Network Sarah Sealy: HWL Ebsworth Lawyers Linda Sheahan: Beyond Blue Hazel Smirlis: Compliance Lab Vicki Tabor: WorkSafe Tasmania Luke Taylor: HWL Ebsworth Lawyers Roz Taylor: Respect at Work Anthony Warwick: WorkSafe Tasmania Maree Webber: Tas Ergonomic Collaborative Bianca Welsh: Stillwater Restaurant, Seven Rooms and Black Cow Bistro Dr Megan Woods: University of Tasmania Workplace Issues No. 97 December 2020 9
Summer’s Here SAFETY Working safely in the heat Working in the heat can, quite simply, be hazardous to your ► ensure workers are not working alone; if they must work health and safety. Your body needs to maintain a temperature alone, monitor them regularly and make sure they can easily of about 37 degrees Celsius. If your body starts to overheat or make contact if they need help. has to work too hard to stay cool, you can suffer a heat-related illness: conditions ranging from fainting, heat rash, dehydration Make sure supervisors and workers are trained to recognise the and heat cramps up to heat exhaustion and heat stroke, which symptoms of heat-related illness, and know what to do if they can be fatal. experience it or think a co-worker may be at risk. A worker suffering from the heat can lose concentration and Staying hydrated with water (not soft drinks, tea or coffee) is also make mistakes, which can lead to incidents and injuries. very important. Make sure workers have ready supplies of cool drinking water available. Work being carried out for an extended period of time or that demands a lot of physical exertion also increases the risk of heat- related illness. Get the guide Safe Work Australia’s guide on Managing the risk of Factors that increase the risk of heat-related working in heat contains straightforward directions to reduce the risk of you or your workers suffering from a illness heat-related illness. It includes a risk assessment checklist In the summertime, working outside or within a space that can and a first aid fact sheet which would be ideal to copy and heat up, such as a roof cavity, can put workers at risk. Radiant make readily available to work crews. temperatures may be higher when working in the sun on a Go to safeworkaustralia.gov.au and search for ‘heat guide’. concrete or metal roof, or near hot machinery. Minimal air movement in confined or poorly ventilated spaces can make workers feel hotter. Humidity makes it harder for a person WORKING IN HEAT to cool down. Working in Number of workers’ compensation claims resulting from working in heat heat can be Ways to work safely 1,360 hazardous and over the ten years Employers have a duty of care to ensure their workers are safe can cause harm from 2008–09 to to workers 2017–18p from heat hazards. Workers have a responsibility for their own safety and health, and must follow UV protection policies and use OF THESE CLAIMS: 1,235 85 sun protective measures provided. You can make modifications to buildings and indoor work spaces working in the sun working in hot to make them cooler (such as ensuring there is good ventilation indoor conditions and air-conditioning systems). For outdoor workers, control 750 140 measures might include: 40 of these of these heat stroke claims claims were were heat stroke or heat cancer or heat stress ► use plant or equipment to reduce manual work and exertion related stress related ► schedule heavy or strenuous work for cooler parts of the day 5 You must do everything reasonably practicable to 5 Different workers may react differently to heat eliminate the risks of working in heat. Where the risk conditions. (or even cooler times of the year, if possible) cannot be eliminated, it must be minimised as much as reasonably practicable. 5 Heat is not just a hazard when working outdoors on hot days. Consider the conditions inside your workplace and what hazards may be present. ► modify targets and work rates to reduce physical exertion WAYS TO CONTROL RISK ► provide shaded, air-conditioned or cool areas for workers to take breaks in ► modify clothing so workers wear cooler, more breathable Automate processes, use plant Relocate work to cooler Where possible, don’t allow equipment to reduce physical or air-conditioned areas workers to work alone items labour requirements ► establish work/rest schedules Modify targets and work rates Schedule work to cooler Review rest schedules to account for conditions parts of the day/year 10 Workplace Issues No. 97 December 2020 For further information see our Potential Hazards and Risks for working in heat fact sheet or our Guide for managing the risks of working in heat
Heat and UV safety Working safely in the sun Australia has one of the highest rates of skin cancer in the world. ► provide shade for breaks if it’s not available in the Each year over 2,000 Australians die from this almost entirely environment. This might be sheds, caravans, tents, windbreaks preventable disease. or portable shade canopies. In some situations, vehicles or public facilities may provide appropriate short-term shelter Risks of UV ► provide and maintain equipment needed to protect workers from the sun. This includes long pants, shirts with long sleeves People who work outdoors are exposed to more UV (ultra violet) and turn-up collars, and hats with broad brims or legionnaire- radiation than indoor workers, and they have a higher than average style flaps (you can get attachments for helmets and hard risk of developing common skin cancers. hats), and sunglasses that meet the appropriate Australian It pays to be careful no matter what the day looks like: sun damage Standard is possible on a cool or overcast day, as UV radiation can penetrate ► provide sunscreen of at least SPF 50 that is broad spectrum some clouds, and may even be more intense due to reflection off and water resistant the clouds. ► provide information, instruction and training in using these and Ways to work safely any other control measures properly to reduce UV exposure. Employers have a duty of care to ensure their workers are safe from the hazard of sun exposure. Workers have a responsibility Further guidance for their own safety and health, and must follow UV protection Cancer Council Australia has a detailed safety guide ‘Skin cancer policies and use sun protective measures provided. and outdoor work: A work health and safety guide’ and brochure ‘Work outdoors? Use sun protection every day’. Control measures include: ► plan for outdoor work tasks to be done early in the morning The guide is particularly detailed and is a great source of or later in the afternoon when UV radiation levels are lower. information for making your workplace sunsmart. It covers risk Move work indoors or into shade during the middle of the day assessment, sun protection policies, training and skin checks; and when UV radiation levels are strongest has lots of templates and checklists to use. Go to cancer.org.au and search for ‘outdoor work’. Other summer safety resources Summer is (hopefully!) the time for outdoor activities, barbecues, bushwalking and the beach. Great fun — but also involving some risk. Here are some sites to help you stay safe this summer. ► Bush/forest safety: Parks and Forest Queensland Government, parks.des.qld.gov.au: search for ‘visit with care’ for safety when bushwalking, camping and enjoying other activities in the bush ► Fire safety: Tasmania Fire Service, fire.tas.gov.au: for how to make your bushfire survival plan ► First aid: RACT, ract.com.au: search for ‘first aid tips’ to deal with stings, bites and other summer nasties ► Food safety: Better Health, betterhealth.vic.gov.au: search for ‘summer food safety’ to avoid food poisoning in the hot and humid weather. ► Respiratory health: National Asthma Council, nationalasthma.org.au: search for ‘heathy in the heat’ for managing asthma or hay fever in the warmer months ► Water safety: Royal Life Saving Australia, royallifesaving.com.au/tas: for water safety around the home (including pools), on the beach, river and when fishing. Workplace Issues No. 97 December 2020 11
news + events Tasmania adopts national traffic management guide On 1 January 2021, Tasmania will adopt the • AS 1742:2019 Manual of uniform traffic Roads, Tasmanian Guide. Removal of this national Austroads Guide to Temporary control devices, in particular Part 3 Traffic requirement only applies to people who Traffic Management. From this date, all control for works on roads (available at completed traffic management training (initial temporary traffic management must be done saiglobal.com) or refresher) after 1 January 2017. in accordance with the Austroads Guide and • Austroads Guide to Temporary Traffic updated AS1742.3:2019 Traffic control for Management (available at transport.tas. Prequalification works on roads. gov.au). Austroads has drafted a national The aim of the Austroads guide is to improve prequalification scheme, which sets out the traffic management practices and therefore WorkSafe’s involvement process and requirements for companies that worker safety at road works sites. It covers State Growth’s Transport officers will be wish to become prequalified for the design the planning, design and implementation working closely with WorkSafe Tasmania’s or implementation of temporary traffic of safe temporary traffic management inspectors to ensure compliance with the management. Following industry consultation practice. It is aimed at road agencies, traffic above requirements, and providing advice in August 2020, this scheme should be management practitioners, contractors, and where improvements are warranted. adopted in 2021. industry. State Growth will keep the local industry The 2021 adoption of the Austroads Guide Training updated, as it will be a mandatory follows a year of industry consultation requirement for all works managed by the Austroads is currently developing training by the Department of State Growth. road authority. material, which will form part of the national State Growth will continue to work with training package for improved and consistent relevant stakeholders to ensure the guide is training outcomes. Platform successfully adopted in Tasmania. State Growth is working with registered The national training framework and the Here is what you can expect in 2021. prequalification scheme will be supported by training organisations (RTOs) in Tasmania about delivering the new training package. a centralised online system. This will manage Temporary traffic RTOs will need to be approved with State prequalified organisations, approved training management Growth to be authorised to deliver the providers and qualified individuals. Temporary traffic management practices in training and provide statements of attainment. Tasmania shall be conducted in accordance RTOs can continue to deliver their current More information with: temporary traffic management training until For more information go to transport.tas.gov. the pending release of the national training au and search for ‘austroads’. To subscribe to • the Tasmanian Traffic Act 1925 and the package, expected in mid-2021. Tasmanian Traffic (Road Rules) Regulations updates about the Austroads guide adoption, (available at thelaw.tas.gov.au) For anyone trained in temporary traffic email stateroadswhs@stategrowth.tas.gov.au. • Traffic Control for Works on Roads, management, the requirement for refresher Tasmanian Guide 2020 (available at training every three years was removed transport.tas.gov.au) from the Traffic Control for Works on 12 Workplace Issues No. 97 December 2020
safety BE aware Warning: Asbestos in flooring materials Some types of vinyl floor sheeting had a soft paper-like backing Licensed removal requirements depend on the type and amount of attached to the vinyl during manufacture. This paper backing is likely asbestos containing material present: to contain a high percentage of asbestos fibre which, during removal, • you do not need an asbestos removal licence to remove less than is likely to separate from the vinyl itself. The backing layer remains 10 square metres of non-friable (bonded) asbestos partially attached to the floor and exposed to the environment and workers. The exposed asbestos is easily crumbled and therefore • you do need a licensed asbestos removalist to remove over 10 ‘friable’. square metres of non-friable asbestos and any amount of friable asbestos. Asbestos-containing vinyl tiles have a much lower percentage of asbestos, which is bound tightly within the make-up of the tile. Sometimes these tiles can be easily and wholly removed — but other More information times, they need to be chiselled off, which crumbles the tile and again For asbestos safety information and further practical resources, increases the risk of exposure to asbestos. including the codes of practice How to Manage and Control Asbestos in the Workplace and How to Safely Remove Asbestos, go to Know the health risks worksafe.tas.gov.au/asbestos. Disturbing any amount of asbestos can release fibres into the air. These could be inhaled or swallowed, which may lead to debilitating and fatal diseases such as asbestosis, lung cancer or mesothelioma in If your workplace, home, garage or later years. shed was built or renovated before Around 4,000 Australians die annually from asbestos-related disease. 1990, there’s a good chance it has That’s more than triple the annual road toll (source: Australian Government Asbestos Safety and Eradication Agency). some asbestos. Identifying asbestos in flooring materials If you are unsure whether your building contains asbestos, how much is present and whether the asbestos is friable or not, ask a licensed asbestos assessor or removalist for advice. Find these at worksafetas. gov.au by searching for ‘find a licensed asbestos removalist or Before you start, BE aware assessor’. Removing asbestos WorkSafe Tasmania recommends that only people who have been trained in asbestos removal practice and have access to the required PPE and removal tools should undertake asbestos removal work. Workplace Issues No. 97 December 2020 13
Spotlight on Public Admin Each edition we focus on different industries that WorkSafe has identified as priority industries. This edition we will throw the spotlight on the Public Administration and Safety (Public Admin) industry PUBLIC and the Mining industry. ADMINISTRATION AND SAFETY INDUSTRY SNAPSHOT 2019 Tasmania’s public admin industry Public Admin is a relatively large employer Workers aged 55–64 years olds reported 8% of the total in Tasmania. There are an estimated 18,000 workers in this industry which the highest serious injury frequency rate. The occupations reporting the most is around 8% of the total Tasmanian serious injuries were: Tasmanian workforce workforce. It includes: • firefighters and police • local government; state government • prison and security officers. (but not areas such as education and 12.6 serious injuries per million hours worked THIRD HIGHEST OF ALL INDUSTRIES health care, for example) • public order, safety as well as justice: There has been one reported work- related fatality in Public Admin in the last ten years. for example, police, fire fighters and 38% higher than the state average prison guards. Body stressing, mental stress, and falls slips and trips are the top three causes of of 9.1 Public Admin workforce injury in this industry. Over half of workers in the Public Admin Occupations with the highest industry are over 45, which is higher Public Admin resources percentage of serious injuries than the state average of all industries; Our Public Admin industry web page and 73% of its workers are employed full has links to relevant resources that time, which is again higher than Tasmanian cover hazards such as slips trips and falls, 14% workers as a whole. hazardous manual tasks, occupational violence and aggression, sedentary work, The majority of Public Admin workers PTSD and more. Go to worksafe.tas.gov. are in work in state government (41%) Firefighters and Police au and search for ‘public admin’. followed by local government (16%). 14% Public Admin injuries The industry reported: • the fourth highest number of injuries Prison and Security Officers in 2019, with 810 • the third highest serious injury frequency rate; this was 38% higher 12% than the state average • the third highest number of serious Miscellaneous Labourers injuries; this was 10% of all serious injuries in 2019. 14 Workplace Issues No. 97 December 2020
safety and Mining industries All data, unless otherwise noted, is for 2019. A serious injury is one that results in the worker requiring at least one week of time off work due to their injury. Injury frequency rates are calculated as the number of injuries per million hours worked. Tasmania’s mining industry MINING INDUSTRY SNAPSHOT 2019 4 Mining includes the mining of coal, metal Body stressing, falls slips and trips, and serious injuries per million ore, and construction materials. It also being hit by moving objects are the top hours worked include quarrying, gas and oil extraction three causes of injury in this industry. and exploration. Mining resources 56%lower than the state average Mining workforce Our Mining industry web page has of 9.1 Mining is only 1% of the total Tasmanian links to relevant resources that cover workforce. Almost 96% of workers in hazards such as slips trips and falls, this industry are employed full-time. 48% hazardous manual tasks, noise, airborne in the last ten of workers are aged over 45. Metal ore contaminants and more. Go to worksafe. years the serious mining is the largest employing group, and tas.gov.au and search for ‘mining’. injury frequency it reported the highest number of serious rate dropped injuries, too. overall by 52% Mining injuries Occupations with the highest The serious injury frequency rate for the percentage of serious injuries Mining industry has significantly improved Industry snapshots over the last ten years, dropping overall by 52%. However, the trend has been WorkSafe’s Industry snapshot report and posters, which these columns 28% slowly increasing again since 2017. There draw on: were 4.0 serious injuries per million hours • survey the WHS performance worked — 56% lower than the state Stationary Plant Operators of each industry group average of 9.1. There were 74 injuries in the Mining industry in 2019; 18 were • identify emerging or existing serious. WHS issues for evaluation and action 19% Who reported the most injuries?: • compare most current WHS • stationary plant operators (28% of performance relative to Construction and Mining Labourers injuries) previous years and, where • construction and mining labourers applicable, to other industries across Tasmania. (19% of injuries) Find your industry’s snapshot: go to 9% • miscellaneous labourers (9% of injuries). worksafe.tas.gov.au and search for ‘industry snapshots’. Miscellaneous Labourers Workplace Issues No. 97 December 2020 15
news + events Want your workplace to be healthy and safe? Free help is at hand Update: Advisory Service Since it began in 2007, our Advisory Service has helped small The way to wellbeing and medium sized business in Tasmania better manage health and safety in their workplaces. Our advisors have met with ‘As the years have gone on, we have become more involved employers — and managers and workers — to help them in the education of health as a growing area, both in industry improve their workplace culture around safety, and understand and educational institutions, as expected by the community and their WHS roles, rights and responsibilities. industry alike,’ said Paul. ‘In the health and wellbeing area, there has been continued Helping through coronavirus demand for information and guidance from our clients,’ said The Advisors were busy during COVID-19, helping employers Paul. ‘We’re continuing to educate small and medium business develop their COVID Safe plans and comply with Public Health on the importance of good mental and physical health, and we directions. They teamed up with Business Tasmania to do this provide the tools (such as time saving and easy to use templates) through webinars, and also worked directly with workplaces, and support to implement a workplace health and wellbeing albeit in new ways. program.’ ‘Our consultations have been very different this year, using Talk to an advisor today all types of media and technology — over the phone, Skype, Zoom, Microsoft Teams — and face-to-face when possible,’ said To book your free and confidential visit with an Advisor, go to Advisory Service Team Leader Paul Kilby. worksafe.tas.gov.au/advisoryservice ‘It has been a period of discovery for us and we have learned that people were happy to talk with us by any means available, which in the early stages of the pandemic I was concerned about. I didn’t want to put the team — or individuals at any visited workplaces — at any risk, and luckily industry was very accepting of that.’ During the pandemic, the Advisors also worked with Tasmania Police, local councils, COVID regional control centres and industry groups to keep small to medium businesses informed and supported as they continued to operate or as they re-opened. Moving forward The Advisory Service is now resuming work it had put on hold during the pandemic. ‘Our presentations to schools and colleges, training organisations and workplaces with new and young workers are resuming again,’ said Paul. ‘This is an important aspect of our work, helping students and new workers understand their safety rights and responsibilities.’ Our Advisory Service’s Paul Kilby and Shaned Gaffney 16 Workplace Issues No. 97 December 2020
WELLBEING rt i n g Suppo Research shows that Australian men generally fare worse than ► If you know a man is experiencing a hard time, perhaps go women when it comes to health. Reasons for this are complex, for a walk, or talk while doing an activity. Many men prefer but generally: talking shoulder-to-shoulder, or while engaged in an activity, ► while women often naturally talk with and seek advice from rather than face-to-face over a desk or coffee table. Make their friends, family and even colleagues about physical and sure it’s in an informal, relaxed and private setting. mental health issues, men are far less inclined to do so ► Provide easy access to useful information (such as posters and ► men are also more inclined to wait for a health problem to brochures), so men can find contacts for services on their become serious before they seek out help and advice. own, or through talking to a key worker or health and safety representative. The role the workplace can play ► Look for opportunities to bring specific health services to your workplace. This can help raise awareness and make it Men’s core identity is often closely associated with their job, so easier for men who need to see a health professional. work and work relationships play a very important role in the ► Use Men’s Health Week in June each year to hold events and lives of working men. promote health issues and services. Some industries and trades (such as construction, manufacturing Remember that not all men are alike, and that different groups and transport) commonly have a high proportion of male of men in your workplace will have different needs and health, workers. So these workplaces in particular are ideal places to wellbeing and social issues. raise awareness of specific men’s health issues and to support their workers to improve their health and wellbeing. Bringing a health and wellbeing program to your workplace can Resources make it easier for men to talk about their health and discuss The Blokes’ Book has contact details for health services issues that they may otherwise ignore. relevant to men’s health issues. Find it at the Department of Health’s website at dhhs.tas.gov.au by searching for ‘blokes Workplace strategies book’. The Better Health channel has facts about men’s health that A workplace that supports discussion around men’s issues, and you could incorporate into any information you share with encourages open and honest conversation among workers, will your workers. Go to betterhealth.vic.gov.au and search for be more likely to inspire men to look after themselves. ‘men’s health’. Humour can be a great way to make men feel comfortable about Beyond Blue has information about men, depression and engaging in health-related conversation, but remember to take anxiety; and how to look out for yourself or a mate. Go to the issue itself seriously. beyondblue.org.au and search for ‘men in the workplace’ The following strategies may help you encourage the men in (search just for ‘men’ and find lots of other information, too). your workplace to start thinking about and improving health and The Men’s Health Week website has posters, brochures wellbeing. and other resources to download, print and use in your workplace. Go to menshealthweek.org.au. Workplace Issues No. 97 December 2020 17
news + events Plumbing company convicted and fined Machos Pty Ltd (trading as Nu Jet) has been fined $50,000 for a Category 2 offence under the Work Health and Safety Abbattoir convicted and fined Act 2012. The incident JBS Australia Pty Ltd was prosecuted and fined $150,000 after a worker fell into a On 22 January 2018, a worker from wash bath filled with hot water, causing serious injuries. Machos Pty Ltd t/a NuJet struck an underground extra high voltage electrical cable with a pneumatic rock breaker The incident while working on the roadway in front On 23 November 2016, a worker was performing his normal tasks in the offal/tripe of 282 Argyle Street North Hobart. The room at the JBS Australia Pty Limited plant at Longford. He noticed the tripe had not subsequent flash ignited oil in the cable, fallen through the hole into the cooker, but was still in the chute on top of the cooker. causing the oil to burn. In order to get the tripe into the cooker, the worker tried to dislodge it with a metal The worker received burns to his face, pole. When that was unsuccessful, he decided to try and get closer to the cooker. So he both hands and torso. He was treated climbed up onto the edge of the pre-wash tub (that was full of hot water) and stepped initially on site and admitted to hospital onto the edge of the tub and a basket that was immersed in the pre-wash tub. As he where he made a full recovery and was maneuvering the tripe into the cooker, he lost his footing and slipped into the tub of returned to work. hot water, which was later determined to have been 82 degrees Celsius. The worker’s gumboots immediately filled with hot water, causing second and third Contributing factors degrees burns to both his legs from the knees down (including both feet). The WorkSafe Tasmania investigation found the company: Contributing factors • failed to undertake an adequate onsite The WorkSafe Tasmania investigation found a number of factors contributed to this risk assessment when circumstances incident. changed, and failed to provide adequate supervision The company had failed to fix the problem of the tripe getting stuck on the top of the cooker, even though they were aware of the issue for some time. However, there • failed to notify TasNetworks of the was a ‘work-around’: using a metal pole to dislodge the stuck tripe, which had become work it was undertaking, so that common practice. TasNetworks could provide onsite supervision. There was no risk assessment undertaken of the task, or consultation with workers on how this issue would affect them. The charges The penalties Machos Pty Ltd was charged with one count of failing to comply with a health and JBS Australia Pty Limited was convicted and fined for: safety duty (category 2). It entered a guilty • failing to comply with a health and safety duty: Category 2 under section 32 of the plea and was fined $50,000. Work Health and Safety Act 2012 (fine of $130,000) • failing to consult with workers pursuant to section 47 of the Work Health and Safety Act 2012 (fine of $20,000). 18 Workplace Issues No. 97 December 2020
safety About Worker Assist: How it can help you Who is Worker Assist? ‘One of our clients told us “Worker Assist was the first place that has helped me. I don’t know what I would have done if Worker Assist Tasmania Inc is a community legal centre, WorkSafe had not referred me”, and another told us they were providing a unique service — only offered in Tasmania — and fills “in the dark” until they spoke to us — and for the first time an important role in educating and empowering workers as they to two years, they felt like they had some perspective on their navigate the workers compensation system. claim,’ said Mylinda. ‘Our experienced team provides free legal advice that is independent and unbiased; and most importantly we provide Increasing awareness support to injured Tasmanian workers,’ said Mylinda Purtell, Worker Assist also plays an important role in educating Principal Solicitor of Worker Assist. workers and the broader community on their rights to workers compensation. It does this by visiting workplaces and talking with How can Worker Assist help you? employers, managers and workers, and speaking at events such as Understanding the workers compensation system can be conferences and training courses, all free of charge. complicated and confusing — even for the employers and ‘Education is key to raising awareness of issues impacting workers lawyers! Worker Assist can help you navigate the workers who have sustained an injury or illness,’ said Mylinda. compensation process, and answer all your questions if you’re thinking about lodging a claim, such as: ‘After each training session, it’s pleasing to hear from participants that they have a greater understanding of what’s involved in a • how do I lodge a compensation claim? claim, and of the practical solutions that they can take back to • I have a workers compensation medical certificate, is that their workplaces.’ enough? • are there any time limits in lodging a claim? Crunching the numbers • how do I give notice of my injury? Since it began operating in 2011, Worker Assist has helped over • am I an employee? 5,300 clients. It deals with around 1,000 issues each year. ‘Worker Assist can explain what entitlements you’ll receive if you Since 2016, there has been almost a 30% increase in enquiries lodge a claim, and how these are calculated, what happens if your about mental health matters. claim is disputed, and what happens if you work in more than Around 10% of Worker Assist’s clients come from a culturally one workplace,’ said Mylinda. and linguistically diverse background; so in 2018–19, it introduced If you need help with return to work and rehabilitation matters, a free interpreting service to help these clients lodge claims, Worker Assist is also here for you. ‘We can help you understand attend doctors’ appointments and independent medical your rights as well as your responsibilities; and the role of examinations, or instruct solicitors to advance their claim. different people you’ll deal with in the return to work process — for example, your doctor, the insurer, and injury management Get in touch co-ordinator’, explained Mylinda. To find out how Worker Assist can help you: ‘We can also help if COVID-19 has impacted your return to • go to its website at workerassist.org.au work.’ • get in touch through its Facebook or Instagram page The team at Worker Assist works with its clients to make • call 1300 027 747 (Monday to Friday, 9am to 5pm). sure that insurers and employers are meeting all aspects of the worker’s legal entitlements. You can also make an appointment to meet with a Worker Assist staff member in person. It also provides workers with a space to feel heard, with practical solutions that empower them in their decision-making process. Worker Assist acknowledges the WorkCover Tasmania Board, which funds the service. Workplace Issues No. 97 December 2020 19
regular Who can claim for workers compensation? Who is a worker? Full details and definitions To be entitled to workers compensation, a person must be a You can find the full lists of who is included and excluded from the worker. A worker is someone who works under a contract of definition of a worker in our Workers Compensation Handbook: service or a training agreement. This includes casual employment. The Basics; go to worksafe.tas.gov.au and search for ‘GB010’. Some people are ‘deemed’ workers under the Workers Rehabilitation and Compensation Act 1988. Examples include (but When is a worker entitled to compensation? are not limited to): A worker is entitled to workers compensation if they suffer an • volunteer fire-fighters while they are engaged in their volunteer injury or disease that: duties • arises out of or in the course of their employment, or • salespeople paid by commission • their employment has contributed to by a substantial degree. • taxi drivers while they are driving, loading or cleaning their vehicle. What can you claim for? Who is not a worker? A worker may be entitled to compensation for: Some people are specifically excluded from the Act, and are • weekly payments while incapacitated for work therefore not entitled to workers compensation if injured while • medical and other expenses working. Examples include (but are not limited to): • rehabilitation expenses • people employed on a casual basis for a purpose other than the • permanent impairment. employer’s trade or business • outworkers • people employed as domestic servants with a private family, who What is not covered? have done less than 48 hours employment with their employer However, injuries suffered in the following situations are specifically when they are injured excluded from compensation: • people taking part in approved programs of work for • any injury that occurs while a worker is travelling between their unemployment payment (work for the dole schemes). home and work (unless the injury occurs during a deviation from their normal route that their employer tells, asks or authorises them to make) Sportspeople • any injury that occurs during an absence from the workplace that In general, the Act does not apply to people engaged in sporting was not authorised, directed or requested by their employer activities who receive payment simply for playing, training or • any injury that is caused by a worker’s serious or wilful travelling with a sporting body. misconduct (unless the injury results in their death, or serious However, if someone is engaged under a contract of service with and permanent incapacity) a sporting body (for example, as a paid coach, umpire or referee), • any injury that was intentionally self-inflicted. they are a worker. The Act also covers sportspeople who are paid under a contract of Disease service to perform tasks not related to competition. A worker is entitled to compensation for a disease where their work is the major or most significant factor in their disease. Contractors Some injuries and diseases are contracted by a gradual process, or In most cases, independent contractors are not entitled to workers may not become apparent until sometime after initial exposure or compensation under the Act. An independent contractor is engaged contraction. through a contract for services, rather than a contract of service. However, there is an exception where a contractor is engaged to Industrial deafness perform work exceeding $100 in value that is not work related to a business or trade regularly carried on by the contractor. For Industrial deafness is the permanent loss of hearing caused by a example, a person who usually works as an accountant but is worker being exposed to industrial noise in their employment. engaged to do some gardening. In such circumstances, provided the A worker is entitled to workers compensation for industrial contractor does not sublet the contract or employ any workers, deafness that occurred after 16 August 1995. They must have the contractor is taken to be a worker employed by the person suffered more than 5% binaural hearing impairment due to who engaged them. However, this does not apply if the contractor industrial deafness since 16 August 1995. has taken out their own personal accident insurance. 20 Workplace Issues No. 97 December 2020
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