Archive for category: Safe Work

Workcover NSW is part of the Safety, Return to Work and Support Division (SRWSD) of the New South Wales state government. It is responsible for the determination of the general policy and strategic direction of not only Workcover NSW but also the Motor Accidents Authority of NSW and the Lifetime Care and Support Authority of NSW.  In many ways, Workcover NSW could be considered the peak regulatory body in the department of workplace health and safety, under the model of Safe Work Australia.

The decision-making body that directs Workcover NSW is comprised of four other amalgamated boards previously active in New South Wales’ safety management. Their role is to determine the future investment policies for a number of funds that fall under Workcover NSW’s mandate. On top of that role, Workcover NSW aims to improve the state’s economic competitiveness by enhancing productive health and safety practices in workplaces.

• Work health and safety: establish and maintain harmonised and consistent occupational health and safety laws, and facilitate cooperation between inter-state business and non-government organisations.
• Licensing and registration: management of New South Wales’ high risk activities permits, licenses and registration including construction induction cards, notifications and relevant fees.
• NSW workers compensation insurance: the provision of financial protection to workers and their employers in the event of a workplace injury or illness.
• Workers compensation claims NSW: investigations into reports of incidents or injury, claims for workplace compensation, distribution of benefits and dispute resolution or prevention.
• Worker rehabilitation and return to work: provides assistance for employers seeking to support workers as they return to work after a workplace injury or illness.

Workcover NSW has many compliance and enforcement options at its disposal should such action be necessary. These include:

• Compilation of information: the legal ability to obtain information from any person or organisation reasonably believed to be related to or able to give evidence about a suspected break of the Work Health and Safety (WHS) Act. For more information on this point, read the related legislation here.
• Enforceable undertakings: a legally binding agreement which determines that a person is obliged to carry out pre-determined requirements outlined in the undertaking. Typically used as an alternative to prosecution.
• Prosecution and court proceedings: the ability to pursue legal charges against a person or organisation suspected of breaching the WHS Act.

For more information on Workcover NSW, head to their website at www.workcover.nsw.gov.au.

In Australia, every state or territory has it’s own health & safety regulations enforced by their respective governmental authority. To ensure a safe workplace for all Australians, Safe Work Australia develops model codes of practice for a variety of high risk construction work.

The purpose of these safety policies is to harmonise safe working practices and procedures under one legal framework. Although each state or territory has its own regulator for the enforcement of safety laws in the workplace, Safe Work Australia’s codes of practice outlines the health and safety standards required under the WHS Act. These practical guides only become enforceable after the government of each state or territory approves them. Approved codes of practice are also admissible in court meaning if legal proceedings were to occur, the code of practice can be used as evidence as to what is know about a hazard, risk or control measure. The codes of practice will in turn be used as a reference point to determine what is reasonably practicable in the relevant situation.

There are currently 32 model codes of practice published by Safe Work Australia ranging from asbestos handling to confined spaces. More details of the codes can be found at Safe Work Australia’s website.

Workplace compensation is an unfortunate but necessary aspect of every industry in Australia. It is unfortunate in that a worker has experienced some form of injury or illness and it is necessary in that workers comp forms a crucial part of rehabilitation. Workcover workers compensation is but another aspect of the worksafe Australia codes of practice and should be a central consideration for any business seeking to update its safe work practices.

The following workers comp policy and return to work process indicates a compliant workplace:

• Business details are reflected in the workers compensation insurance policy
• The workers comp claim is reported to the relevant insurer within the specified timeline
• Details of return to work programs are outlined to workers, including the relevant safe work practices for the event of an injury or illness
• When worker injury or illness does occur, the appropriate return to work plan is implemented

The following workers comp policy and return to work process indicates a semi-compliant workplace:

• Business details are not reflected in the workers compensation insurance policy
• The workers comp claim is not reported to the relevant insurer within the specified timeline
• Details of return to work programs are not outlined to workers, nor are the relevant safe work practices for the event of an injury or illness
• In the case of worker injury or illness, return to work plans are no effectively implemented

The following workers comp policy and return to work process indicates a non-compliant workplace that requires immediate action:

• There is no workers compensation insurance policy in place
• There is no return to work program or policy in place
• There is no return to work assistance offered to workers following an injury or illness

For more information and advice on worker’s compensation, read Safe Work Australia’s National Workers Compensation Action Plan.

Collaboration with industry, employer and employee groups:

• Influence a commercial environment in Western Australia that promotes best safety practices and empowers businesses to reduce workplace hazard and risk.
• Safeguard the organisational capacity Western Australia Worksafe has to assist the OHS management for all businesses.

Online information and education:

• Provide a digital platform to facilitate the transfer of health and safety information to workers, employers and students.
• The Worksafe Plan Assessment System: this online resource allows organisations to measure and evaluate their OHS record.

Workplace compliance inspections:

• Inspectors use industry specific checklists for a variety of inspection types including reactive, campaign focused, injury and disease focused.

• These inspections are conducted to ensure compliance with OHS codes of practice for Western Australia.

Issue resolution and assistance with risk management:

• Should an OHS dispute occur, Worksafe Western Australia has an issue resolution procedure in place that aims to mitigate differences between employers and employees.

Enforcement in areas of non-compliance:

• Worksafe WA has several enforcement options available including improvement and prohibition notices, verbal or written direction and prosecution.
• Prosecution occurs when notices have failed to prompt compliance, a duty holder repeats an earlier offence, an inspector is prevented from conducting his/her work or there has been a breach of the Occupational Safety and Health Act.

It should be noted that Worksafe Western Australia is not responsible for the regulation of every industry in the state. Although Worksafe WA does regulate most industries, those workplaces involved in mining and petroleum sectors of the economy as well as those covered by the Federal Comcare, are exempt.