WORKPLACE HEALTH AND SAFETY FOR COMMUNITY ORGANISATIONS AND VOLUNTEERS.
INTRODUCTION
FREQUENTLY ASKED QUESTIONS
WH & S UPDATE
FURTHER INFORMATION
CONTACT VOLUNTEERING QUEENSLAND
INTRODUCTION
The name of the law that applies to community organizations and volunteers is called the Workplace Health and Safety Act 1995. http://www.legislation.qld.gov.au/Legislation Docs/CurrentW.htm
The Act commenced in 1995 and, since its commencement, it has always applied to some community organizations and volunteers.
The Act was amended in June 2003. The Department of Industrial Relations (that administers the Act) offers the following advice as to how it now applies to community organizations and volunteers.
"The Workplace Health and Safety Act 1995 (the "Act") provides coverage for all persons who do work in Queensland, including volunteers. It does this by imposing workplace health and safety obligations on employers (s.28) and on persons who conduct a business or undertaking (s.29A).
A volunteer is a person who does work on a voluntary basis.
Worker
A volunteer may undertake work as a worker for an employer. A person is an employer if the person conducts a business or undertaking for gain or reward and in the conduct of the business or undertaking, the person engages someone else to do the work, other than under a contract for services, for or at the direction of the person (s.10). A person is a worker if the person does work, other than under a contract for services, for or at the direction of an employer (s.11).
An employer has an obligation to ensure the workplace health and safety of the employer's workers in the conduct of the employer's business or undertaking (s.28).
Person who performs a work activity
Often, however, a volunteer will undertake work in situations where the person is not a worker. For example, a volunteer might perform work for a not-for-profit, community, charitable, benevolent, philanthropic, sporting, recreational, political, religious, educational or cultural organization - organizations which might not fit the definition of 'employer' in the Act. A volunteer in this situation is also afforded protection under the Act.
A person who conducts a business or undertaking has an obligation to ensure the workplace health and safety of each person who performs a work activity for the purposes of the business or undertaking (s.29A).
The Act does not define 'work' or 'work activity'. The Macquarie Dictionary (3rd Ed) defines work very broadly as "exertion directed to produce or accomplish something."
For example, a surf life saving club conducts an undertaking by providing a service to the community. The surf life savers are usually volunteers who perform work activities for the surf life saving club. In this case the surf life saving club has an obligation to ensure the workplace health and safety of each surf lifesaver who performs work for the club" (see www.whs.qld.gov.au). (Emphasis added).
If community
organizations or volunteers feel that they need advice about the
Act, contact should be made direct with Workplace Health and Safety
Queensland. (Link to: www.whs.qld.gov.au)
Telephone: 1300 369 915
FREQUENTLY ASKED QUESTIONS
THE SAFE WAY – ALWAYS ASSUME THE WORKPLACE HEALTH AND SAFETY ACT 1995 APPLIES
1. First, the Act may apply and, if it does, strict obligations (duties) are placed on both community organizations and volunteers such as:
- A community organization has an obligation (duty) to ensure the health and safety of each person (including volunteers) who perform a work activity for the organization.
- A volunteer has an obligation (duty) to comply with instructions given for health and safety by a community organization.
2. Second, even if the Act does not apply to a community organization it may owe a common law duty of care to anyone (eg volunteers) who the organization can reasonably foresee may be likely to suffer loss of damage as a consequence of the organizations misconduct. For example, a volunteer from a community organization conducts a workshop where hand tools are used. The volunteer would be expected to take reasonable care to ensure the tools are used properly and those requiring assistance are supervised. The organization would also be expected to ensure the activity is appropriate for the workshop, the tools are not faulty, the volunteer is properly trained and safety guidelines are known and followed. Remember, community organizations do not have a reduced common law duty of care just because they are non-profit or if only volunteers are engaged rather than paid staff.
3. Therefore, the most prudent course of action for community organizations and volunteers is to always assume that the Workplace Health and Safety Act 1995 applies. Organizations placing a premium on preventing or minimizing anyone's exposure to health and safety risks (under the Act) also greatly reduces their risk of liability (if applicable) at common law.
HOW COMMUNITY ORGANISATIONS SHOULD COMPLY WITH THE WORKPLACE HEALTH AND SAFETY ACT 1995
Many community organizations are made up of a combination of paid workers and volunteers. Organizations ought to expect that the contribution of volunteers is recognized and equated with that of paid workers. This includes providing a work environment that protects the health and safety of volunteers.
Risk management
Health and safety should form part of the “core business” of a volunteer organisation. By making health and safety a priority, a community organisation demonstrates:
- commitment to the welfare of its workers, clients, volunteers and the public
- social responsibility towards legal, ethical and moral obligations
- credible management practice in managing health and safety in ways that improve organisational performance
- sound financial management by managing risks and preventing loss through illness and injury
Basic steps to keep volunteers safe
- Provide and maintain a safe working environment
- Provide and maintain facilities for the health and safety of volunteers at work
- Ensure that plant, machinery and equipment in the place of work is designed, made, set up and maintained to be safe for volunteers at work
- Ensure that systems of work do not lead to volunteers being exposed to hazards in or around their place of work
- Provide volunteers with good information about the hazards that they may come across at work
- Ensure volunteers possess the necessary skills, knowledge, experience, qualifications and attitudes to carry out their work
- Provide volunteers with good training and supervision
- Develop procedures for dealing with emergencies that might arise when volunteers are at work
Risk management
The
health and safety of volunteers can generally be managed by following
a problem solving strategy known as risk management. Many volunteer
organisations are probably already carrying out the steps of risk
management without realising it.
A simple risk management approach consists of playing it SAFE:
Risk management is not a one-off activity – but should be carried out on a continuous improvement basis. As shown in the diagram below, each step leads to the next.
SPOT THE HAZARD
A hazard is anything that has the potential to harm the health or safety of a person. Hazards arise from the workplace environment, use of equipment and substances in the workplace, poor work design, inappropriate management systems and procedures, and human behaviour.
Ways to identify hazards include:
• observation of workers and volunteers
• consultation with workers and volunteers
• injury and illness records
• workplace inspections and audits
• accident investigations
• complaints
Make a list of all hazards you find. The hazard checklist you create will help you assess and control the risk associated with each hazard. Use it when doing future hazard checks.
ASSESS THE RISK
Risk is the likelihood of a hazard actually causing harm to a person.
Once you have identified the hazards in your organisation, you need
to assess the risk arising from them. This can be done by answering
the following questions:
1.
How likely is it that this hazard will cause injury or illness?
Consider the level of a person’s exposure to the hazard.
2. How severe is the injury or illness if it does occur?
Consider
the extent of the injury or degree of harm that may be caused by
a hazard.
This will allow you to decide what priority you should give to fixing
(controlling) the hazard.
FIX THE PROBLEM
Once hazards have been identified and the risks assessed, control measures should be selected according to the list of control priorities. Every effort should be made to eliminate the hazard. If this is not possible, then exposure to the risk should be prevented or minimised.
The list of control priorities are:
1. Eliminate the hazard e.g. remove electric cords
across doorways
2. Substitute the hazard e.g. use a less toxic
chemical
3. Isolate the hazard e.g. move photocopier to
a separate and ventilated room
4. Redesign equipment or work processes e.g. use
trolley to move heavy loads
5. Administrative controls e.g. job rotation, training,
routine maintenance of equipment
6. Personal protective equipment e.g. hearing and
eye protection, gloves, masks
EVALUATE RESULTS
Hazards and risks need to be managed on an ongoing basis. Control measures should be regularly reviewed to ensure they are effective. It is important to make sure the new control measures do not introduce new hazards.
WH & S UPDATE
Subject: New Requirements for Volunteers under Workplace Health and Safety Act 1995 – effective 1 January 2006.
What is the new requirement?
Before a volunteer starts any construction work or a volunteer enters a construction site, the volunteer must have completed a general safety induction course and be the holder of a “construction blue card”.
The purpose of attending the safety induction course is to give volunteers some understanding of the types of hazards likely to be found on construction sites and the way risks from those hazards should be managed.
When did the requirement start?
The requirement started on 1 January 2006
For volunteers what does the law require?
For volunteers, Queensland workplace health and safety laws require that:
- A worker (volunteers are regarded as workers under the Act) must not start construction work unless the worker holds general induction evidence (a blue card) and has shown the evidence to the worker’s employer (the community organisation engaging the volunteer to do work).
- A volunteer (not necessarily doing any construction work) must not enter the construction site unless the volunteer holds general induction evidence (a blue card) and has shown the evidence to a responsible person from the community organisation for which the work is being done.
What is construction work?
Construction work is:
- building work; or
- civil construction work; or
- demolition work (including the removal of asbestos).
Some examples of community organisations doing construction work may include P & C Associations constructing playing facilities and associated buildings, or community organisations demolishing old buildings and environmental groups doing various types of civil construction work. If you are unsure as to “what is construction work” please contact the following:
For
WH&S:
WH&S Information and Registration Services
PO Box 820 Lutwyche Qld 4030
Phone 1300 369 915
Fax 07 3247 0211http://www.dir.qld.gov.au/workplace/business/construction/index.htm
What is a general safety induction training course?
The course takes about 4 hours in a face-to-face teaching environment. It is competency based and involves some form of assessment. After completion the course a “blue card” will be issued, containing a serial number, date of course and signature of the volunteer. The course will assist the volunteer to:
- comply with WH&S requirements
- identify hazards
- understand risk management procedures, and
- apply control measures
Who conducts general safety induction courses – what is the cost – where are they conducted?
VQ has negotiated with the Department of Industrial Relations and the Queensland Master Builders Association for courses to be delivered to VQ members and associates and the Queensland Volunteer Resource Centre’s Network, at a cost of $5.00 per participant. The normal cost of attending a safety course ranges between $50 and $100. The support of the QMBA to the community sector in offering course places at a cost of $5.00 is greatly appreciated. The QMBA has offices in Cairns, Townsville, Mackay, Rockhampton, Wide Bay, Sunshine Coast, Brisbane, Gold Coast and Toowoomba.
How to apply to attend a safety course?
Attached to
this update is an “Application
to attend a general safety induction course” form.
Please note that no money is to be attached
to the Application.
Where should enquiries be directed?
For
VQ:
Perry Hembury (Phone 3002 7600 Extension 205)
For WH&S:
WH&S Information and Registration Services
PO Box 820 Lutwyche Qld 4030
Phone 1300 369 915
Fax 07 3247 0211 http://www.dir.qld.gov.au/workplace/business/construction/index.htm
Download this WH & S Update with the Application Form
FURTHER INFORMATION
WH&S
INDEX TO CATEGORIES
For all information, eg, information about amenities, electrical,
first aid, manual tasks, noise, personal protective equipment as
well as the Workplace Health & Safety Act, Regulation, Advisory
Standards, Information Sheets.
www.whs.qld.gov.au/subject/index.htm
WH&S Regional Contacts
The Department of Industrial Relations administers the workplace health and safety program through its Division of Workplace Health and Safety, which has offices located in Regional Centres across Queensland. (Link to: http://www.whs.qld.gov.au/address.pdf)
Information Sheets
Volunteering
Queensland’s provides information on:
Health & Safety for Organisations Involving Volunteers. (Link
to: http://www.volqld.org.au/forms/WH&S
Information.pdf)
Insurance and Risk Management Issues. (Link to: http://www.volqld.org.au/insurance1.html)
Food Safety & Handling
Brisbane City
Council issues licences and administers the regulations for safe
food handling in Brisbane. Their website contains Community Group
Resources (Link to: http://sites.ourbrisbane.com/community/comres/)
and includes a fact sheet on Food Safety.(Link to: http://sites.ourbrisbane.com/community/comres/resources?cid=267&pid=2523)
Ph: 34038888
Queensland Health
provides Food Safety Standards information (Link to: http://www.health.qld.gov.au/HealthyLiving/Food_Safety_I.htm)
Ph: 32508509
Food Standards Australia (Link to: http://www.foodstandards.gov.au/ ) provides a range of information on food safety for Australia and New Zealand.
Standards Australia (Link to: http://www.standards.org.au/cat.asp?catid=4 ) has a variety of publications available on health and safety issues.
A Workplace Health & Safety Toolkit (Link to: http://nonprofitrisk.org/ws/wsp.htm) is a free on-line resource available from the Nonprofit Risk Management Centre, Washington DC. (Link to: http://nonprofitrisk.org/)
CONTACT VOLUNTEERING QUEENSLAND
Perry
Hembury
VQ Manager - Finance & Executive Services
Phone: 07 30027600
Fax: 07 32292392
Email: admin@volqld.org.au