Workplace Safety Laws: South Australia's Strict Implementation

Workplace safety laws in South Australia are governed by the Work Health and Safety Act 2012 (SA) and the Work Health and Safety Regulations 2012 (SA). These laws outline the responsibilities of employers and employees to ensure a safe work environment, protect workers' health, and prevent hazards and risks. SafeWork SA is the regulator responsible for enforcing these laws and providing guidance to employers and employees. The laws include provisions for first aid, smoking rules, asbestos removal, and monitoring employees' health and working conditions. Non-compliance with workplace safety laws can result in penalties and imprisonment.

Workplace bullying

If you are experiencing workplace bullying in South Australia, you may be able to take action under federal or state law. Most workers are covered by the Fair Work Act 2009 (Cth) and can complain about workplace bullying to the Fair Work Commission (FWC). The FWC can organise a mediation, or hold an informal conference or hearing. They can also make orders to prevent further bullying, such as monitoring the perpetrator's behaviour.

Employees working for the South Australian government or local government, or for a sole trader, partnership, or trust, are covered by the South Australian industrial relations system, set out in the Fair Work Act 1994. These workers can complain about workplace bullying to SafeWork SA.

PCBUs (persons conducting a business or undertaking) must take steps to prevent inappropriate workplace behaviours. This includes developing a Bullying and Inappropriate Behaviours Policy in consultation with workers and ensuring workers are aware of the Grievance and Complaints Procedure.

If you are experiencing workplace bullying, you should try raising your concerns directly with your employer or supervisor. If you are a member of a union, they may also assist you in this process. You can also lodge a complaint with SafeWork SA if you do not have redress under the national anti-bullying laws.

First aid and emergency plans

First Aid Training and Equipment:

Employers must provide first aid training to designated employees, ensuring they have the necessary skills to respond effectively in emergencies. This training should be nationally accredited to align with the Australian Resuscitation Council (ARC) guidelines. Additionally, workplaces must have accessible and well-maintained first aid kits that meet national standards. These kits should be regularly audited to ensure they are well-stocked with up-to-date items.

Number of First Aiders:

The number of trained first aiders required will depend on the nature of the work, the size of the workforce, and the potential hazards present. As a general guideline, it is recommended to have one first aider for every 25 workers in a high-risk workplace and every 50 workers in a low-risk workplace.

Emergency Response Plan:

Developing and regularly reviewing an emergency response plan is crucial. This plan should outline the steps to be taken in case of injuries or medical emergencies, including the location of first aid facilities, emergency contact information, and evacuation procedures. All employees should have access to this plan.

Appointing First Aid Officers:

In larger workplaces, it is advisable to appoint designated First Aid Officers who have received additional training. These individuals are responsible for coordinating emergency responses, maintaining first aid supplies, and liaising with emergency services.

Accessibility of First Aid Kits:

First aid kits should be strategically placed, with particular attention given to areas with a higher risk of injury or illness. If workers are expected to travel as part of their job, providing them with a first aid kit in their vehicle is essential.

Emergency Procedures:

Emergency procedures should include effective response protocols, evacuation procedures, early notification of emergency service organisations, medical treatment provisions, and efficient communication channels during emergencies. Testing and training on these procedures are also necessary.

Additional First Aid Equipment:

Depending on the nature of the workplace, additional first aid equipment may be required. This could include permanent or portable eyewash and shower equipment, or an automated defibrillator if there is a risk of electrocution or a large number of people regularly in or around the workplace.

Risk Assessment:

Conducting a thorough risk assessment is vital to determine the specific first aid requirements of a workplace. This assessment should consider the nature of the work, the size of the workforce, and potential hazards. The results of the assessment will guide the contents of first aid kits and the number of trained first aiders needed.

Safe equipment use and maintenance

Providing and Maintaining Safe Machinery

Businesses have a responsibility to provide and maintain safe machinery and structures for their workers. This involves conducting regular inspections and maintenance to identify and address any potential hazards. It is essential to follow manufacturer instructions and comply with relevant Australian Standards to ensure equipment safety.

Safe Use, Handling, and Storage

Businesses must establish and implement safe procedures for using, handling, and storing machinery, structures, and substances. This includes providing clear instructions, training, and supervision to workers to ensure they understand and adhere to safe practices.

Personal Protective Equipment (PPE)

The use of PPE is crucial to protecting workers' health and safety. PPE includes items such as respiratory protective equipment and high-visibility clothing. While it is not the primary means of hazard control, it serves as an essential supplementary measure. Businesses must provide PPE to their workers and ensure it is used, maintained, and stored correctly. PPE should be appropriately selected, sized, and fitted to ensure worker comfort and effectiveness.

Machinery and Equipment in Specific Industries

Different industries in South Australia have unique equipment safety considerations. For example, the automotive industry must consider vehicle hoists, jacks, ramps, and stands, while the construction industry deals with edge protection for roof work and the safe use of concrete pumps. It is essential to follow industry-specific guidelines and regulations to ensure equipment safety.

Regular Monitoring and Assessment

Businesses must regularly monitor the use and storage of equipment to ensure ongoing compliance with safety standards. This includes assessing the effectiveness of PPE against the hazards present in the workplace. Additionally, conducting periodic evaluations of equipment condition and performance helps identify any potential risks or maintenance issues.

Worker Training and Instruction

Providing comprehensive information, training, and instruction to workers is vital. This empowers them to understand their role in equipment safety and how to use, maintain, and store equipment properly. Worker education is a key aspect of safe equipment use and maintenance.

By adhering to these guidelines and the broader framework of the Work Health and Safety Act and Regulations, businesses in South Australia can help ensure safe equipment use and maintenance, thereby protecting the health and safety of their workers.

Worker representation and consultation

Health and Safety Representatives (HSRs):

HSRs are elected by workers to represent them on health and safety matters. The process of electing an HSR is initiated when a worker or a group of workers requests the person in control of a business or undertaking to facilitate the election. The person in control is responsible for negotiating and agreeing upon the formation of work groups, ensuring that the interests of all workers are effectively represented. These work groups then elect their HSRs.

HSRs must undertake approved training within 28 days of their election to ensure they are equipped with the necessary knowledge and skills. It is the responsibility of the person conducting a business or undertaking (PCBU) to maintain an up-to-date list of HSRs and their deputies, displaying it in a readily accessible manner for workers and providing a copy to the regulator.

Health and Safety Committees (HSCs):

HSCs are established when an HSR or a group of five or more workers makes a request to the person in control of a business or undertaking. These committees bring together workers and management to collaboratively develop and review health and safety policies and procedures for the workplace. HSCs are a platform for cooperation and coordination between workers and management, ensuring that health and safety standards, rules, and procedures are established and adhered to. HSCs are required to meet at least once every three months and can also be convened at the request of at least half of the committee members.

Consultation Process:

Consultation is a collaborative process between PCBUs, workers, and worker representatives, involving the sharing of information about health and safety. PCBUs must give workers who are likely to be affected by health and safety matters a reasonable opportunity to express their views and raise issues. This includes providing relevant safety information, identifying hazards, assessing and eliminating risks, and making decisions about facilities and procedures. The views expressed by workers during the consultation must be considered by the PCBU before making decisions, and the outcomes of the consultation must be communicated to the workers.

Duty to Consult:

The duty to consult arises in several scenarios, as outlined in the Work Health and Safety Act. These include identifying hazards and assessing risks, making decisions about facilities and procedures, proposing changes that may impact health and safety, and monitoring the health of workers and workplace conditions.

Issue Resolution:

The Work Health and Safety Act encourages persons in control of businesses or undertakings to agree on issue resolution procedures with their workers. If no agreed-upon procedures are in place, a default procedure must be followed. When a health and safety issue arises, reasonable efforts must be made to achieve a timely, final, and effective resolution. If the issue remains unresolved, any party can request the regulator to appoint an inspector to assist in resolving the matter.

Workplace smoking rules

Smoking is strictly prohibited by law in all enclosed workplaces and shared work areas in South Australia, including offices, shops, factories, and work vehicles. Employers are responsible for ensuring that smoking in or around the workplace does not create health and safety risks for their employees. This includes protecting non-smoking staff from cigarette smoke and eliminating or reducing any harm caused by smoking-related hazards.

Workplaces are encouraged to promote healthy attitudes towards smoking and support their workers' efforts to quit smoking. A smoke-free policy should be developed, encompassing outdoor areas, to address exposure to passive smoke. Employers have the right to ban smoking entirely on their premises or in the workplace and can designate a smoking area of their choosing, such as the roof or car park. If a designated smoking area is provided, specific regulations must be followed regarding signage, ventilation, and messaging.

The Tobacco Products Control Act protects non-smokers and requires employers to take steps to safeguard their non-smoking staff from cigarette smoke. Employers are not obligated to provide smoke breaks, and if they choose to do so, they can require employees to make up for that time after hours without additional pay.

South Australia's work health and safety laws are enforced by SafeWork SA, which has the power to enter workplaces, obtain search warrants, and issue infringement notices to ensure compliance with health and safety standards.

Frequently asked questions