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There are laws in each state[1] that say that your employer must keep you safe at work. This is called Workplace Health and Safety (WHS). Make sure you know who the Persons Conducting a Business or Undertaking (PCBU) is. (PCBU is a fancy name for your boss). These laws are applicable to all places of work; paid and voluntary.
Every employer is legally required to have workers compensation insurance for its staff and should provide you with details of that policy and how to contact the insurer.
What your employer should do for you
What your employer should do for you
Maintain a current insurance policy.
o They should have a poster or two in the office, and they should display a certificate of currency for their policy in the office where you can see it.
o You want to know: who the insurer is, the policy number and the contact details.
o If you don’t actually go to an office for your job, then you should ask for a copy of this information when you commence employment – the provision of this information is a requirement under the law.
o Note: In NSW you can also check the coverage of your employer's policy by going to https://www.icare.nsw.gov.au/employer-lookup and entering the business ABN.
Minimise harm (and the potential for harm!) to its employees and other people in the workplace
o Not just you but customers and contractors and the public too. And not just physical harm, but mental harm, harassment, environmental stuff, long term injuries, etc
Have a person who you can report to about WHS issues.
Assist you after an incident in filling out your paperwork.
Try to return you to work (suitable duties when available) as soon as possible to allow you to get on with what you do best.
What you need to do
What you need to do
Keep your workplace safe (identify, report and act on hazards)
Notify your employer and insurer of any injury within 24hours (if it shows up after 24hours, then still tell them!)
Notify your employer of near misses
Fill out the paperwork properly
Keep them informed of what your doctor is saying and how you are healing up
Look after your body. (Outdoor recreation is a physically tough job!)
Your Workplace WHS Representative
Your Workplace WHS Representative
At your work there might be a person who represents the staff on safety issues. This WHS representative is compulsory for large businesses and optional for small ones. However, even in the smallest business, if the staff request a WHS representative then the role must be created. If you have concerns about safety at your work, you should speak to your employer first. If they don’t help, then you can contact the Safe Work organisation in your state who will help you navigate the legislation (another long boring read).
Personal Protective Equipment (PPE)
Personal Protective Equipment (PPE)
The WHS Act states that employers must provide PPE for their staff. This is a complex topic in the outdoor industry because it is hard to define what is PPE (vs what is tools), and what is required to be provided by the employer vs the employee. Additionally, many employees prefer to use their own equipment.
PPE refers to anything used or worn to minimise risk to workers' health and safety. This may include, but is not limited to:
Safety footwear (like hiking boots or high grip shoes)
ear plugs, face masks, gloves or goggles
Safety head wear like sun hats or helmets
safety harnesses (and I’d argue safety attachments!)
Protective clothing and other protective layers (sun protection like sun shirts or sunscreen; rain protection; thermal protection like thermals or wetsuits; and much more)
I think a good rule of thumb is that if an employer ever tells you that you “must” wear or own a specific item of clothing or safety equipment then by law they must provide it (or pay for it). Uniforms are a little different from PPE, although the items sometimes overlap. See below for more information on uniforms.
Your employer is permitted to provide you with a PPE allowance instead of PPE, but they still need to make sure that the PPE is adequate.
You can read more here: www.safeworkaustralia.gov.au/ppe
First Aid Support, Qualifications and Equipment
First Aid Support, Qualifications and Equipment
First Aid is an issue that is poorly addressed in the outdoor industry. WHS legislation requires PCBUs (your boss) to make sure that there are:
Trained First Aiders at every workplace
The right number of First Aiders at every workplace (it varies depending on the type, nature and location of work. For example, in an office it might be 1 out of every 25 workers, but in the bush it might be 1 out of every 10, and for solo workers it depends!)
Adequate access to First Aid kits in every workplace
The right things in the first aid kits in every workplace
The right support and communication systems for remote and solo workers
(It is worth noting that WHS legislation varies a little across each Australian State and Territory. Victoria is notable in its absence from the harmonised WHS legislation. If you'd like to know more then search for "Model WHS Act cross-comparison table" on the Safe Work Australia website.)
First aid kits
First aid kits
It is common in the outdoor industry for employers to ask their staff to provide a first aid kit for work (most will pay to replace any items used in the course of your work, but they don’t replace items that expire or become damaged from being lugged about in the bush endlessly).
Employers fail in their WHS duty when they ask employees to do this.
Here's what Safe Work NSW has to say about first aid kits: "No grey area. That one is black and white. An employer must provide access to first aid equipment, facilities, and trained first aiders in order to comply with their duty of care." And their response to the question "can I pay a first aid allowance to a first aider to BYO a first aid kit and reimburse them for any supplies they use?" A very clear response: "No". If you'd like to ask them yourself then feel free to call them and have a chat. SafeWork NSW: 131050
First Aid Qualifications
First Aid Qualifications
Two issues that I don't yet have an adequate answer to are:
Who pays for First Aid qualifications when they are required at work?
o It is my opinion that it is totally reasonable for an employer to ask you to have a First Aid Qualification as a pre-requisite to gaining employment.
o However, once you have a full time or permanent job I believe that it is the employer’s duty to pay for you to maintain those qualifications (including paying for your course and paying you your wage while you are at the course).
o If you are a casual employee who works for a number of employers, the issue quickly becomes murky. I don't know how this is viewed from the perspective of legislation.
There are also many conversations about “expiry dates” on first aid qualifications, the need for recertification, and what level of first aid is required. These are complex questions with complex answers and history.
o In summary, there is no law that says first aid qualifications expire, but there are not a shortage of codes of practice, standards, and other frameworks (not least of which your workplace/employers expectations and policies) that lead me to say that the best course of action is to be current with your qualifications. If you plan on having an argument about first aid currency, then you'd better be well read!
o As for the level of first aid required in your workplace, that is (in part) addressed by WHS legislation. It's a requirement for employers to consult with employees to identify what first aid qualifications/training (and equipment/facilities) are required for a particular workplace, and that consultation must have regard to all relevant matters, including the following:
- the nature of the work being carried out at the workplace
- the nature of the hazards at the workplace
- the size and location of the workplace, and
- the number and composition of the workers and other persons at the workplace.
In addition to this consultation process internally an employer has every right to specify a requirement for higher level qualifications/training, and there may also be requirements from other stakeholders: clients/customers, land managers, and even regulatory bodies or other authorities (like the Department of Education for example).
First Aid Summary
First Aid Summary
As an employee I’d simply encourage you to consider the risks to you in the workplace and whether the following are adequate:
o the level of first aid training you have
o the access you have to trained first aiders
o the access you have to adequate first aid supplies
o the level of first aid support you can receive during any and every part of your work day
o the communications channels and devices you have to request any of that assistance.
If you have questions or concerns about any of these I would encourage you to speak to your employer, and ask Safe Work if your employer doesn’t adequately address your concerns.
[1] In 2012 the NSW government adopted the Work Health and Safety Act 2011. There is also the Work Health and Safety Regulation 2017 and many Codes of Practice that apply. Other states will have different laws , but they are all pretty similar. Go to www.safeworkaustralia.gov.au to find out more.
I once heard a first hand account from an employee who got a back injury at work and then found out that their employer didn't have any workers compensation insurance.
In NSW you can do a simple check of your employer's worker's compensation coverage by going to: https://www.icare.nsw.gov.au/employer-lookup
You just need to know your employer's ABN - it will be on your payslip. (you don't get a payslip?! you should!)
When was the last time your employer talked to you?
Has your employer ever asked your input on WHS issues? Has your employer ever asked you about introducing a new activity? What about your roster? What about your pay and conditions?
We can do much better as an industry to talk to each other. We all want the same thing: a safe, quality, sustainable industry that delivers amazing outcomes.
That sustainability needs to include both business finances AND the social, health, and financial outcomes for the people working in those businesses. If your workplace has those things wrong then talk to your employer. I'm not saying the conversations will be easy. I'm saying that they need to be had.
P.s. It's the law to talk about most of these things! check out these links:
https://www.safeworkaustralia.gov.au/doc/model-whs-regulations
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