chapter seven

Protecting Your Employees - Workplace Health & Safety

Our client, a carpet mill, had a high level of Workers’ Compensation claims and a poor safety culture.

Most claims were lower back and neck injuries due to repetitive manual handling. Staff in the warehouse areas claimed their injuries occurred while transporting large quantities of yarn and other materials from storage to the factory floor.

Our client was experiencing Workers’ Compensation premiums that amounted to nearly 3% of its turnover. Some claimants had legal representation and it was likely that Common Law claims would be made against our client and its Workers’ Compensation Insurance.

After consulting our clients on the issue, it was decided to undertake a proactive approach to decreasing the company’s exposure to workplace injury and its effects.

There were five staff claiming Workers’ Compensation benefits and on long periods of sick leave. Numerous other staff were on short-term injury-related leave.

The following plan was instigated:

• Investigate and assess the credibility of the current five long-term claims.
• Provide immediate investigative response to verify any disclosure of further injury.
• Conduct an ergonomic assessment of the workplace area where injuries were alleged to have occurred, and modify the work system if necessary.
• Create a company safety system, which would include, but not be limited to:
• Training of staff on manual handling and back care and increase training in general.
• Commence generic induction, as well as site-specific induction.
• Create and write job safety instructions (JSI) for all identified regular tasks.
• Create and write a job safety assessment (JSA) process for all major tasks to be undertaken, where JSI is not in existence.
• Write and implement the Stop-Look-Assess-Manage (S.L.A.M) program for all tasks.
• Create hazard reporting, including management thereof and resolution.
• Conduct regular ‘tool box’ talks among staff at the start and commencement of shifts, where safety issues can be addressed, reported and feedback received.
• Conduct regular management safety meetings assessing the entire system and providing feedback.
• Create an operations manual relating to the entire safety system of the company.
• Provide an overt surveillance system in the work place area and record all activity and store data.

After four weeks of surveillance and covert operations, four of the five long-term injured employee claims were considered fraudulent.

Surveillance operations identified these four individuals continually undertaking activities that clearly contradicted their claims. These activities included water skiing, lifting heavy objects, construction at their homes, working in manual lifting jobs (concreting) for other employers at the time they were on sick leave.

One particular employee built from scratch a double-car garage. Many hours of footage were taken of him, standing on a ladder and on the roof frames, using a drill.

Our client decided to confront the other workers to expose them and get them back to work. During formal meetings, each employee was allowed to tell their story, explain their injury and incapacity. They were then shown footage of their activities.

All four employees discontinued their claims and returned to work. The notification rate dramatically decreased within two months.

An ergonomist was consulted and he conducted a full assessment of the work area in accordance with standards, taking into account previous common law precedents.

Written recommendations were implemented, with various changes made to the workplace and further lifting equipment was supplied.

A training process was implemented, including JSI, JSA, S.L.A.M. and Tool Box talks.

Regular communication through hazard reporting and management assessment and feedback was implemented.

A surveillance system was installed and all activities were recorded and data was stored. Spot checks were made when sick leave was reported.

In summary, a proactive approach to injury disclosure and the implementation of a safety system changed the entire culture of the workforce with respect to safety. After 18 months, the injury rate decreased to a staggering 15% of its previous level creating further savings for the business.

Protect your employees

You could be dancing with fire if you are not aware of or are not implementing procedures to protect your employees from being injured at work. All jurisdictions have laws that impose huge penalties on employers who fail to properly protect their employees. Have you protected your position? As always a little money spent now may prevent you and your business going broke later!

You are under an obligation to be aware of the laws that govern your business in relation to health and safety in the work place. ‘But I did not know,’ is no defense.

Keeping up with changes in the law and the obligations placed upon you as a business owner can be tedious and time-consuming. The aim of this paper is to make your life just a little bit easier. Although we cannot offer you a one-stop shop because of the diversity of all industries, we can give you a general overview, alert you to some changes you can make, and give you examples of business owners who have learnt the hard way!

What is Occupational Health and Safety (OHS)?

OHS is concerned with:

• Physical hazards.
• Acute or sudden events causing an immediate accident, injury, or loss.
• Adverse effects of longer-term, chronic exposures to forces causing or capable of causing disease.
• Environmental forces.
• Accidents in businesses can affect overall vitality, stability, and success and should be avoided at all costs.
• Laws and regulations impose obligations on people who have the capacity to affect the workplace health and safety of others by what they do or fail to do.
• If these obligations are breached they can cause:
• Accidents, illnesses and even death.
• An employer to be prosecuted by criminal or civil charges which can result in fines or imprisonment.
• Legal claims against the business resulting in payment of damages.
• Improvement notices and prohibition notices to be issued.
• Cancellation or suspensions of licences, approvals and certificates.
• Publicity – bad press and damage to reputation.
• Changes to entire industries through the issuing of advisory standards, industry codes or practices.

Employees’ rights

Workers have the right to:

• A safe workplace.
• Be consulted on matters that may affect their health and safety.
• Get information about hazards in their workplace.
• Get representations on committees that make decisions in relation to OHS.
• Refuse to perform dangerous work.
• The laws aim to prevent employees being killed, injured or contracting an illness by preventing or minimising exposure to risk.
• If hazards are eliminated or at least controlled to an acceptable level, then the root cause of the problem will be managed and workers’ health will be protected.

Do the laws apply to you?

The laws differ between each jurisdiction. They are wide and can apply to:

• An employer
• A worker
• A self-employed person
• A principal contractor
• A supplier of certain plant
• Persons in control of workplaces
• A manufacturer, importer or supplier
• A visitor to a workplace; for example, a customer or sales representative

What might you have to do?

The law may require you to do certain things to protect the safety of your employees. These include:

• Develop and maintain a workplace health and safety policy.
• Provide adequate facilities (such as clean toilets, cool and clean drinking water, and hygienic eating areas).
• Provide for the election of workplace health and safety representatives (elected by co-workers).
• Provide for the appointment of workplace health and safety officers. (This is mandatory in Queensland where there are more than 30 workers in the workplace.)
• Set up health and safety committees.
• Provide adequate information, training, instruction and supervision to employees to work in a safe and healthy manner; for example, first aid training and occupational health and safety training.
• Ensure workplace consultation between employers and employees.
• Control specific high-risk hazards such as plant, hazardous substances and hazardous processes.
• Obtain certificates and licences.
• Adequately monitor your workers’ health (such as providing hearing tests for workers exposed to high noise levels).
• Keep information and records relevant to your workers’ health and safety (such as records of biological monitoring, asbestos assessments, first aid records and relevant medical information).
• Employ or engage people with the necessary qualifications or expertise to advise you on health and safety issues affecting your workers.

If you are charged with an offence do you have any defenses under OHS legislation?

• Your best defence will be that you have complied with the rules and regulations governing your business.
• But if you can show that you have done what most businesses in the same industry do, or that you have taken reasonable precautions, this will help you.

Risk management aspects of OHS

Under the legislation in most jurisdictions an employer has an obligation to identify and assess foreseeable hazards. If it is not reasonably practicable to eliminate the risk, you must take steps to control the risk.

Risk management involves assessing the harm of those hazards. It is the process of:

• Identifying any foreseeable hazard – anything in the workplace that has potential to harm anyone at the workplace; for example, moving parts in machinery, toxic chemicals and manual handling tasks.
• Assessing the risk from the hazard – finding out how significant the risk is; for example, will it cause a serious injury, illness or death and how likely is this to occur?
• Eliminating the hazard or if this is not possible, controlling the risk from the hazard – implementing strategies to eliminate or control the hazard; for example, design equipment differently, add machine guards, use safer chemicals, providing lifting devices to minimise manual handling or use personal protective equipment.
• Reviewing risk assessment – to monitor and improve control measures and find safer ways of doing things.

What can businesses do to prevent or minimise exposure to OHS risks?

• Implement an employee code of conduct.
• Carry out audits/inspections.
• Investigate accidents.
• Emergency response.
• Posters in the workplace.
• Employee protection measures.
• Environmental controls.
• Fire protection.
• First aid and medical services.
• Hazardous chemical exposure.
• Record-keeping.
• Safety and health training.
• House-keeping.
• Specific areas of office safety.
• Implement an employee code of conduct:
• Are copies of the policy provided to new employees?
• Are current policy statements signed by management?
• Is someone responsible for the development, implementation and enforcement of the accident prevention plan?
• Are employee/supervisor responsibilities and authority assigned?
• Carry out audits/inspections
• Are there regularly scheduled and conducted inspections of:
• Facilities?
• Work-site stations?
• Vehicles?
• Equipment and tools?
• Personal protective equipment?
• Are inspection checklists utilised?
• Have procedures been established to ensure inspection deficiencies are corrected?
• Are surprise inspections carried out?

Investigate accidents.

You may need to establish:

• Accident investigation guidelines/procedures – what accidents are investigated?
• Who is responsible – who completes the records/logs and reports?
• What forms are completed?
• Who ensures corrective actions are implemented and effective?
• Are results documented and shared with management/supervisors/employees?

Emergency response

• Are emergency response procedures included in your policies and plans?
• Are emergency routes designated and posted in work areas?
• Have all employees been trained to understand evacuation procedures?
• Are drills programmed and conducted regularly?

Posters displayed in the workplace

• Is there a required Workers’ Compensation workplace poster, which must be displayed in a prominent location where all employees are likely to see it?
• Are emergency telephone numbers posted where they can be readily found in case of an emergency?
• Are signs concerning ‘Exiting from buildings’, room capacities, floor loading, exposures to x-ray, microwave, or other harmful radiation or substances posted where appropriate?

Employee protection

• Is protective clothing and equipment provided?

Environmental controls

• Are employees instructed in proper first aid and other emergency procedures?
• Are all work areas properly illuminated?
• Are hazardous substances which may cause harm by inhalation, ingestion, skin absorption or contact identified?
• Has there been a determination that noise levels in the facilities are within acceptable levels?
• Are restrooms and washrooms kept clean and sanitary?
• Are employees’ physical capabilities assessed before being assigned to jobs requiring heavy tasks?
• Are employees instructed in the proper manner for lifting heavy objects?

Fire protection

• Is your local fire department well acquainted with your facilities, its location and specific hazards?
• If you have a fire alarm system, is it certified as required?
• Is it tested at least annually?
• Are fire doors in good operating condition and unobstructed?
• Are automatic sprinkler system water control valves, air and water pressure checked annually as required?
• Are smoke detectors operational and tested monthly?
• Are portable fire extinguishers provided in adequate numbers and type in an accessible and clearly marked site?
• Are employees periodically instructed in the use of extinguishers and fire protection procedures?

First aid and medical services

• Is there a hospital or clinic for medical care in proximity?
• If not, is at least one employee on each shift qualified to render first aid?
• Are emergency phone numbers posted?
• Are medical personnel readily available for advice and consultation on matters of employees’ health?
• Are first-aid kits easily accessible to each work area and periodically inspected and replenished as needed?

Hazardous chemical exposure

• Are employees trained in safe handling of hazardous chemicals such as acids, caustics, etc.?
• Are all employees required to use personal protective clothing and equipment when handling chemicals (gloves, eye protection, respirators, etc.)?

Record-keeping

• Are employees’ medical records and the record of employees’ exposure harmful to hazardous substances or physical agents up-to-date (must be kept confidential and separate personnel files)?
• Are employee training records maintained and available for employee review?
• Have arrangements been made to maintain required records for the legal period of time for each specific type record?
• Are operating permits and records up-to-date for such items as elevators, air pressure tanks, and liquefied petroleum gas tanks, etc.?

Health and safety training

• Have new employees received orientation training?
• Do employees participate in regularly scheduled safety meetings?
• Does management provide resources and participate in employee training?
• Have employees received and documented required training?
• Do all employees receive refresher training at least annually?
• Have employees received instruction or reporting procedures to report unsafe conditions, defective equipment, unsafe acts, incidents, accidents and near misses?
• Have supervisors received instruction in accident investigation and hazard abatement?

House-keeping

• Do you maintain an orderly, neat, and clean environment?
• Do you keep machines and equipment clean and in good repair?
• Do you have proper layout of equipment?
• Do you have good storage?
• Do you have handling practices and safe access?

Specific areas of office safety

• You may need to consider:
• Layout of office.
• Stairways easily accessed.
• Glass doors are marked.
• Illumination over desks.
• Ventilation.
• Electrical layout of power cords.
• Floors should be maintained in a good state of repair and fall hazards should be eliminated or marked to call attention to the hazard.
• Waste basket/containers and other obstacles should not be placed or left in walkways.
• Aisles file drawers should not open into aisles.
• File cabinets that are not weighted at the bottom should be secured to the wall or bolted together to prevent toppling when top drawers are opened.
• Desks should be maintained in a safe condition, free of sharp edges, nails, burrs, file runners, etc., and should not block exits or paths to exits.
• Hazardous objects such as open knives, unprotected razor blades, scissors, and other hazardous items/objects should not be kept in desk drawers or file cabinets unless they are placed/stored in a manner that will not cause a hazard to employees.
• Chairs should be inspected frequently to ensure they are safe and employees should be instructed not to lean too far back in chairs not equipped to swivel.
• Ladders to reach above extended arm height, approved ladders or step stools should be provided and used.
• Office machines with moving parts should be guarded to prevent accidental contact with moving parts.
• Offices should be designated as a ‘non-smoking’ or ‘smoke-free’ environment. Appropriate ‘designated smoking areas’ may be provided outdoors so that non-smoking employees are not exposed to secondary smoke.
• Fire extinguishers of the right type for the building and contents should be readily available to the occupants within the office. All employees should be trained in their use.
• Exits should be clearly identified, kept free of objects that block access, and not locked from the inside. If necessary, exit signs should be lighted.
• Storage to prevent overloading of floors.
• Extension cords and similar obstacles such as wires, extension cords, pipes, and other tripping hazards should not be placed/located in areas where employees walk.
• Emergency plans should be prepared.
• Employees should be taught proper procedures for lifting and handling bulky or heavy material or equipment.
• All employees should be trained in procedures to prevent office accidents. Retraining should occur at appropriate intervals.

Conclusion

The OHS areas listed are by no means conclusive. Each business has a different environment and not all of these areas will be relevant to all businesses. There may also be specific issues to your particular business.

As an employer you have an obligation to identify and assess foreseeable hazards. If it is not reasonably practicable to eliminate the risk, you must take steps to control the risk.

If you are able to eliminate hazards or at least control hazards to an acceptable level, then the root cause of the problem will be managed and workers’ health will be protected.

You and your business will benefit also by its effect on overall vitality, stability, employee relations and financial success.

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