Industrial Relations and Workplace

Take Care Be Fair

A training handbook in Industrial Relations and Workplace Health and Safety

for Australian Disability Enterprises

for Managers Any views and recommendations of third parties contained in this report do not necessarily reflect the views of the Commonwealth, or indicate a commitment to a particular course of action.

Creative Commons Licence

With the exception of the Commonwealth Coat of Arms and where otherwise noted all material presented in this document is provided under a Creative Commons Attribution 3.0 Australia licence (http://creativecommons.org/licenses/by/3.0/au/).

The details of the relevant licence conditions are available on the Creative Commons website (accessible using the links provided) as is the full legal code for the CC BY 3.0 AU licence (http://creativecommons.org/licenses/by/3.0/au/legalcode).

All images/illustrations in this document are copyright. The illustrations were done by Richard Morden. Licensor grants to FaHCSIA and the Australian Disability Enterprises an Australia wide, royalty-free, exclusive, perpetual (for the duration of the applicable copyright) license to exercise the following rights: a. Reproduce the Work; b. incorporate the Work into one or more Collections; c. Reproduce the Work as incorporated in any Collection; d. create and Reproduce one or more Derivative Works; and e. Distribute and publicly perform the Work, a Derivative Work or the Work as incorporated in any Collection

This Easy English document was created by Scope. Scope has provided the Picture Communication Symbols. June 2012. www dot scopevic dot org dot au

Valuing People ClipArt © Inspired Services, UK. www dot inspiredservices dot org dot uk

The images may not be reused without permission.

Contact details: Please contact the Department of Families, Housing, Community Services and Indigenous Affairs switchboard on 1300 653 227

of 70 Acknowledgements We would like to thank the following organisations and individuals for the significant contributions and expertise they made to this training handbook;

Workers and staff of the Australian Disability Enterprises in Perth and Melbourne for their time and valuable suggestions to make sure that these handbooks are a practical and relevant training resource in workplace health and safety and industrial relations

NDS for generously making their networks available to us

Synergistiq for project management

Scope for the translation into Easy English and for graphic design

Kerry Davies AE for writing and editing

Tim Wallace for research and writing

Richard Morden for the illustrations

of 70 Table of Contents

FOREWORD 5

1 CREATING A SAFE, HEALTHY AND HAPPY WORKPLACE 6

2 UNDERSTANDING RIGHTS AND RESPONSIBILITIES 8 2.1 RESPECTING RIGHTS...... 8 2.2 SUPPORTING PARTICIPATION...... 9 2.3 PROMOTING INDIVIDUAL OUTCOMES...... 9 2.4 RECEIVING FEEDBACK AND COMPLAINTS...... 10 2.5 PROVIDING ACCESSIBLE INFORMATION ABOUT THE SERVICE...... 11 2.6 FULFILLING MANAGEMENT OBLIGATIONS...... 11 2.7 THE FAIR WORK ACT...... 12 FAIR WORK AUSTRALIA CONTACTS TO GIVE ASSISTANCE...... 13

3 REDUCING THE RISK OF INJURIES AND ACCIDENTS 14 3.1 UNDERSTANDING YOUR DUTY OF CARE...... 14 FURTHER RESOURCES...... 15 3.2 CREATING A CULTURE OF CARE...... 15 3.3 MANAGING RISK...... 16 3.4 CONSULTING, COOPERATING AND COORDINATING...... 18 3.5 KEEPING RECORDS...... 19 3.6 NOTIFIABLE INCIDENTS...... 20 3.7 PROVIDING INFORMATION...... 21 3.8 PREPARING FOR EMERGENCIES...... 22

4 PROVIDING A SAFE WORKPLACE 24 4.1 KEEPING THE PHYSICAL AREA SAFE...... 24 SLIPS, TRIPS AND FALLS...... 24 HIERARCHY OF CONTROL...... 25 ENTRIES AND EXITS...... 25 CLEAN AND TIDY WORKSPACES...... 26 WORK AREAS...... 26 WORKSTATIONS...... 26 4.2 KEEPING ENVIRONMENTAL CONDITIONS SAFE...... 27 LIGHTING...... 27 AIR QUALITY...... 27 AIR TEMPERATURE...... 27 NOISE...... 28 WORKING OUTDOORS...... 29 4.3 PROVIDING SAFE FACILITIES...... 29 ACCESSIBILITY...... 30 DRINKING WATER...... 30

of 70 TOILETS...... 30 HAND WASHING...... 30 DINING FACILITIES...... 30 PERSONAL STORAGE...... 31 CHANGE ROOMS...... 31 SHOWER FACILITIES...... 31 FIRST AID...... 31

5 PROVIDING SAFE PROCESSES 33 5.1 USING PERSONAL PROTECTIVE EQUIPMENT...... 33 5.2 USING MATERIALS SAFELY...... 34 DANGEROUS GOODS AND HAZARDOUS SUBSTANCES...... 34 LABELLING CHEMICALS...... 35 5.3 PROMOTING HEALTHY WORK PRACTICES...... 37 HEALTH AND HYGIENE...... 37 MANUAL TASKS...... 37 STANDING, SITTING AND STRETCHING...... 38 MEDICATION AND OTHER DRUGS...... 39

6 MAKING PEOPLE SAFE 41 6.1 UNDERSTANDING BULLYING...... 41 IDENTIFYING TYPES OF BULLYING...... 42 MINIMISING THE RISK OF BULLYING...... 43 CREATING A WORKPLACE ANTI-BULLYING POLICY...... 43 IMPLEMENTING A COMPLAINTS PROCEDURE...... 44 6.2 IDENTIFYING HARASSMENT AND DISCRIMINATION...... 45 6.3 DEFINING ABUSE AND NEGLECT...... 47

7 UNDERSTANDING PAY AND ENTITLEMENTS 50 7.1 UNDERSTANDING THE BACKGROUND OF THE FAIR WORK SYSTEM...... 50 7.2 GETTING TO KNOW THE SYSTEM...... 50 NATIONAL EMPLOYMENT STANDARDS...... 51 7.3 CHECKING THE DETAILS...... 53 7.4 UNDERSTANDING THE FUNDING AND OBLIGATIONS OF ADES...... 53 7.5 CHECKING WHAT EVERY EMPLOYEE (AND MANAGER) SHOULD KNOW...... 54 HOW PAY IS CALCULATED...... 54 HOURS...... 55 LEAVE ENTITLEMENTS...... 56 SUPERANNUATION...... 58 PAY SLIPS...... 58

8 SOLVING PROBLEMS 60 8.1 SETTING RULES AND BOUNDARIES...... 61 8.2 CREATING A CODE OF CONDUCT...... 61 8.3 DEALING WITH COMPLAINTS...... 62 8.4 DEALING WITH CHALLENGING BEHAVIOUR...... 64 8.5 DECIDING ON DISCIPLINARY ACTION...... 65

of 70 9 FINDING MORE INFORMATION 67

of 70 FOREWORD The Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) has funded the production of this handbook. The department knows it is important that managers, supervisors and supported employees working in Australian Disability Enterprises understand their rights and responsibilities for workplace industrial relations, and health and safety. Workplace health and safety is everyone’s responsibility, and this handbook will help you to understand your rights and responsibilities in the workplace. Support managers have a responsibility to ensure that people with disability have a safe, happy and healthy workplace. Supported workers, as well as their managers, have the right to work in a safe, happy and healthy work environment. And both managers and workers have a responsibility to contribute to their workplace. An independent advisory group was appointed in 2010 to provide strategic advice to the Australian Government for a ten-year vision for people with disability in supported employment. The group’s report has now been released and is called Inclusive Employment 2012–2022: A vision for supported employment. It is supported by a series of principles and recommendations. The advisory group emphasises that people with disability in supported employment are entitled to work environments that are socially inclusive, safe, healthy, comfortable, and free from bullying and harassment. In their report, the advisory group recommends that supported workers and their managers have access to information about what they should expect of their working conditions and their working environment. The group also recognises that employers and employees need to understand their rights and obligations in relation to supported employment. This handbook is part of that commitment to provide quality information about the workplace and working conditions. This handbook will help to make sure you know what to do if you see something at work that needs fixing or if something doesn’t look right. We all want to stay safe and injury-free at work. It’s everyone’s responsibility to make sure that happens. June 2012

of 70 1 CREATING A SAFE, HEALTHY AND HAPPY WORKPLACE Work is part of the human experience. The opportunity to work provides more than just money. It gives a sense of self-worth, a chance to feel and be useful, to learn and develop skills, to participate in a community and to make friends.

To fulfil it mission, a supported employment service gives attention to both people and income. To provide jobs, it must run as a successful business, including paying attention to workplace health and safety, and industrial relations. As an Australian Disability Enterprise (ADE), your aim is to provide meaningful work for people with disability who need substantial ongoing support to maintain their employment. In partnership with government, you are promoting social and economic inclusion for people with disability. This means that you must give extra attention to your workplace being a happy, healthy and safe place for each and every employee.

A job provides more than just a pay packet – it gives dignity and purpose, provides security for the future and connects people to their community. — Parliamentary Secretary for Disabilities and Carers, Senator Jan McLucas, 2011

As a manager in a supported employment service you want to provide best-practice day-to- day management and training opportunities. You want to achieve strong wage outcomes, provide healthy and safe working conditions, social inclusion and participation for your employees, and quality of service to people with disability.

The legal obligations that give a structure to how you achieve these goals are set out in several documents, including the Disability Services Standards; workplace relations laws, awards and agreements; Workplace Health and Safety laws and regulations; anti- discrimination laws; and criminal laws relating to things like physical and sexual abuse.

This handbook gives you what you need to know to create a safe, healthy and happy workplace. It sets out your rights and responsibilities, and those of your employees. It gives you a structure to help avoid injuries and accidents by providing a safe workplace, facilities and processes. It helps you to identify and deal with unacceptable behaviour, such as bullying and discrimination, and challenging behaviour from your employees. It explains what you and your employees need to know about job conditions such as pay and leave entitlements. And it helps you to prevent and solve problems by setting rules and boundaries, and dealing effectively with issues if they arise.

Creating a workplace that values and respects the individuality and safety of each person requires more than just meeting the minimum legal requirements. By paying attention to some key principles, you can contribute to a positive work culture that always strives to improve. These principles apply to all aspects of the workplace and are the key to keeping everyone safe, healthy and happy.

• Inform yourself of your rights and responsibilities as a supported employment service manager, and those of your workers. • Share information through your daily work and through training.

of 70 • Look out for health and safety problems, and act on them promptly. • Be clear about what a positive workplace culture should look like in your organisation, and the code of conduct expected of yourself and the workers. • Consult with your managers and the workers, and ask questions. • Listen to feedback with an open mind. • Address issues promptly. • Keep accurate and up-to-date records.

of 70 2 UNDERSTANDING RIGHTS AND RESPONSIBILITIES As a manager in a disability enterprise, you have a responsibility to understand employees’ rights and explain to your employees how your organisation upholds those rights. Workers in a disability enterprise may not know what their rights are in the workplace and may find it difficult to stick up for themselves even if they do know their rights.

Helping each employee to understand their rights and responsibilities may take time and effort. But doing so will help you to better understand your own responsibilities and help your organisation to meet its responsibilities and provide a safer, healthier and happier workplace.

Not taking the time, on the other hand, can have serious consequences — for those you supervise, for you and for your organisation.

This section provides an overview of the essential responsibilities your organisation owes to each employee, as an accredited disability employer. These are not the only responsibilities your business has as an employer, but they are the ones that relate directly to the National Disability Services Standards that you must uphold as a disability services provider. To get a copy of the standards, go to www dot fahcsia dot gov dot au.

The Fair Work Act 2009 also gives specific rights to most employees in Australia. A summary of the Act is given at the end of this chapter.

2.1 Respecting rights All employees have the right to be treated with respect and dignity, to be kept safe and to have their personal information kept private.

People with disability are can be at greater risk of harm, neglect, abuse or violence. You should be aware that harm, neglect, abuse or violence can be physical, emotional and/or psychological. As a manager in a disability enterprise, you need to give extra care and pay careful attention to your employees to ensure their dignity is always respected, their workplace is safe and secure, and their privacy is protected. And, above all, you must ensure they are not subjected to any harm, neglect, abuse or violence.

In practice • Ensure that personal information is kept private and confidential. You must not share an employee’s personal information with others unless you have that employee’s permission and it is necessary to share it. • Provide easy-to-understand information to employees, and to their families or carers, to help them understand their rights and make informed decisions. This includes, for example, the National Disability Service Standards and contact details for services like the Human Rights Commission, which are available at www dot hreoc dot gov dot au. • Ensure each employee knows the process to report any dangers, problems or complaints. They should be provided with, for example, your organisation’s health and safety, bullying and complaints policies.

of 70 2.2 Supporting participation Every employee has the right to have their interests, wants and likes listened to and respected, and to be helped in participating in activities and relationships of their own choosing.

Making choices is part of what it means to be human. When you help employees make choices in the workplace, by listening to their needs and wants, you can help them grow, learn and participate as an equal. Community participation is important to a person’s wellbeing and sense of self-worth. You can play an important role in assisting that participation by helping your workers to develop interests and aspirations.

Sometimes an employee might have a formal guardian or an informal arrangement with a family member, carer or advocate about decision making. In such cases, it is important you consult with that person as well about any significant decisions or changes in the workplace for the employee.

However, the starting point should always be what the employee wants or decides, and not all decisions in the workplace will require consultation with a guardian or informal decision maker (like a family member, carer or advocate).

In practice • Take time to understand, respect and facilitate all employees’ interests in work, learning and social activities. You can ask them, for example, what they like doing, what they are interested in and what they would like to do in the future. • Work, if appropriate, with each employee’s family, guardian, carer or advocate to promote that employee’s participation in the workplace and in the community. • Work with other organisations to promote social activities and participation.

2.3 Promoting individual outcomes Every employee has the right to be treated as an individual, and all employees have the right to do the things that are important to them, and to have what is important to them respected.

Everyone deserves to be treated as an individual. Sometimes, though, people can make assumptions about what is best for another person because they think they know what that person needs or because of an earlier experience with another person. Always remember that every person is unique and all people have the right to be consulted about decisions that affect them. Also remember that although situations might be similar, they are never the same. Only by understanding each individual’s strengths, needs and life goals can you plan, manage and deliver effective and inclusive outcomes.

In practice • Support and encourage all employees to reach for their goals. For example you could organise the training they need to do the job they want.

of 70 • Ensure your management plan for each employee is based on what that individual wants. Make management a collaboration, so all employees feel a sense of ownership over their work life and a commitment to shared objectives. • Give all employees a say over their individual work and training plans, and the ability to make changes to them if they want.

2.4 Receiving feedback and complaints All employees have the right to say they do not like something or have a problem, and to have their complaint taken seriously.

Managers of a responsive, well-managed workplace see complaints as a means to improve, not as a source of trouble.

They make an effort to ensure processes are in place to hear concerns and respond to them. Your organisation needs to make an extra effort, so employees feel safe to complain or talk about problems without fear of punishment or victimisation.

It is also important that workers know that they have right to make a complaint or seek help outside their workplace. It is important that if they feel that they have failed to resolve an issue important to them they know that they have a right to go to services that have been created specifically for this situation.

Two organisations that are of particular relevance to ADE workers and managers are:

The Complaints Resolution and Referral Service (CRRS). The CRRS offers an independent, impartial, and nationally accessible complaints resolution and referral service for people accessing employment and advocacy services funded under the Commonwealth Disability Services Act.

Web: www.crrs.org.au Email: [email protected] Phone: 1800 880 052

The Abuse and Neglect Hotline (ANH). This is a central reporting point for allegations of abuse and neglect in relation to people with disability. It is an Australia-wide telephone hotline for reporting abuse and neglect of people with disability. The Hotline works with callers to find appropriate ways of dealing with these reports. Callers with disability who need support to make a complaint are referred to advocacy assistance.

Web: www.disabilityhotline.org Email: [email protected] Phone: 1800 880 052

In practice • Ensure all employees know they have the right to complain about their workplace, how they have been treated by their employer or how they have been treated by other workers. • Make sure your employees are confident that you will listen to their concerns and will do something to fix them. • Make sure all employees know how to get help in making a complaint if they need it.

of 70 • Be careful not to ignore or delay responding to an employee’s complaint, even if the complaint is repeated. You must treat every complaint seriously, fairly, professionally and promptly.

 Make sure that you and the workers are aware of complaints resolution and hotline services outside your organisation and how to contact them.

2.5 Providing accessible information about the service All employees have the right to be treated fairly, to get help when they need it, and to receive information about their workplace and employer in a form they understand.

Information is power. Your employees are likely to feel powerless without information that allows them to understand the rules that run their workplace and their work lives. Your service must treat everyone equally and fairly. It must have fair rules that are written down. Anyone can ask to see the rules any time they want. If you cannot help someone, you must provide a good reason and help to find someone who can.

In practice • Give employees information in a form that they understand or provide them with support to help them understand it. For example, you might sit with employees individually in a friendly environment and explain the information to them, and ask them to repeat back what they understand. • Set and always follow fair rules. • Ensure employees get support when they need it, either from you or from appropriate counselling or support services.

2.6 Fulfilling management obligations Every employee has the right to receive support from a workplace that is well run and properly resourced, and that has managerial staff that are competent and qualified.

To help others, your organisation must be well run. Managerial staff must be appropriately skilled and trained. Good management practices must be in place, with clear communication and feedback processes, strategic focus, and effective systems to monitor, improve and review.

In practice • Be accountable for your decisions and actions. • Expect and be willing to undergo extra training and professional development to better perform your job. • Expect and ask for information and other support to fulfil your management duties and service obligations. • Stay up to date with information resources, as approaches to workplace health and safety change. For example, take a look at the New South Wales government-supported site www dot disabilitysafe dot or dot au. It has more detailed information on workplace health and safety.

of 70 • Ensure you conduct all necessary criminal record and related background checks for all people at the workplace (employees and managers).

2.7 The Fair Work Act The Fair Work Act gives employees in the national workplace relations system rights that protect them from unfair treatment by their employers.

The Act covers most employees in Australia and all employees in Victoria, the Northern Territory and the Australian Capital Territory. The Act has different rules and protections in the case of small businesses.

This Act also applies to people who are applying for a job, as well as people who have a contract for services with a workplace.

It protects employees from the start of employment and, in some cases, before employment, when a person is applying for a job. Unless employees earn more than what’s called ‘the high-income threshold’, the protections in the Act apply, no matter how much or how little they earn.

If people want to use the protections under the Act, they need to bring a claim to Fair Work Australia. Employees can bring a claim to Fair Work Australia if their employer treats them in a way that is against their rights and protections under the Act.

Employees can make a claim to Fair Work Australia against their employers if they can show that their treatment by their employer occurred because they acted within their rights; for example, if an employee was dismissed because of a complaint to management about dangerous work practices that put workers’ health at risk.

This unfair treatment by an employer is called ‘adverse action’. It includes discrimination against an employee, the unfair refusal to employ someone, unfair dismissal and harsh or unfair treatment of an employee.

The Fair Work Act has four main categories of rights and protections: • workplace rights — such as the right to make a complaint about unsafe work practices or to ask questions • industrial rights — such as the right to belong (or not to belong) to a union • other rights — everyone has the right to be treated with the same respect and dignity as everyone else, regardless of physical or mental disability, race, colour, sex, sexual preference, age, marital status, family or carer responsibilities, pregnancy, religion, political opinion, or national or social origin • protection against sham arrangements —a workplace must be honest with its employees about their employment arrangements and fully inform them about these arrangements.

If employees wish to bring a claim to Fair Work Australia, they should collect all relevant documents and records that show what happened. They might also need to get some witness statements to back up what they say.

of 70 Time limits apply for most complaints to Fair Work Australia, especially if an employee has been dismissed from work. Complaints about unfair dismissal must be made within 60 days of the dismissal taking effect. It is best to act quickly and contact a lawyer or Fair Work Australia as soon as the treatment or dismissal occurs.

The first thing to do is to make an application There is an application fee of $62.40 to make a claim but, if Fair Work Australia agrees that this causes serious financial hardship, this fee does not need to be paid.

Complaints are dealt with in private by Fair Work Australia. Fair Work Australia encourages employers and workers to try to resolve problems by talking together. The idea is for the employers and workers to try to reach agreement without going to a formal meeting.

If this works, the employer and worker record their agreement in writing and that will be the end of the matter. This process is informal and free. It is not like a court hearing. Lawyers do not need to get involved in this. Some talks are done by phone if the employer and worker are too far away from Fair Work Australia offices. If an agreement is not possible at the informal meeting, then Fair Work Australia will hold a formal hearing.

If the employee needs an interpreter at a Fair Work hearing this will be provided at no cost, but the worker must make a request for the interpreter beforehand.

The Federal Court of Australia and the Federal Magistrates Court have the power to enforce the protective provisions of the Fair Work Act. If there is no agreement at Fair Work Australia, the case may be referred to the Federal Court of Australia or the Federal Magistrates Court. If an employer is found by the Court to have breached the Fair Work Act, the Court can issue a fine and/or order that the employee is allowed to return to work and/or that the employer must pay compensation to the worker.

Employees can choose to go directly to the Court if they do not want to approach Fair Work Australia first. However, unlike Fair Work Australia, the Court can and will make orders about legal costs — so if a worker’s claim is unsuccessful in Court, then the Court is likely to order the worker to pay the legal costs of the employer.

Fair Work Australia contacts to give assistance

By telephone Fair Work Australia Help Line 1300 799 675

Translating and Interpreter Service 131 450

Speech to Speech Relay through the National Relay Service 133 677

By email [email protected]

of 70 3 REDUCING THE RISK OF INJURIES AND ACCIDENTS As a manager for a disability service provider, you owe all your staff a duty of care.

The law imposes a duty of care on you to take all reasonable steps to prevent and reduce the risk of harm in any situation in the workplace. What is seen as ‘reasonable’ depends on the circumstances but, if you fail in that duty, you and your employer can be held responsible for any resulting harm, loss or injury. This can lead to criminal or civil legal action.

3.1 Understanding your duty of care Your workplace is required to manage risks in accordance with health and safety laws. These Work Health and Safety (WH&S) laws are becoming a uniform national model. Some states and territories are currently working under their specific Occupational Health and Safety (OH&S) laws until there is agreement on a common approach to the rules. This handbook refers only to WH&S laws and regulations. You need to check if additional OH&S rules in your state or territory also apply to your workplace.

Note: Sometimes you’ll see the term ‘reasonably practicable’ in legal documents, referring to action you should take. This simply means doing what you can or what is possible in the circumstances.

WH&S laws are just some of the health and safety rules you need to know about. Other laws govern workers’ compensation — money paid to employees injured while working. Here are some of the other types of rules that may apply to your workplace: • Acts of Commonwealth, state and territory parliaments set the standards of health and safety expected of all employers. • Regulations are work health and safety laws made by parliament and are enforceable in court. For you as a manager, regulations are effectively the same as legislation; if you breach a regulation, you are breaking the law, and may be prosecuted and fined. • Codes of practice provide guidance on how to meet regulatory requirements, including WH&S laws. A code of practice is usually written to meet the needs of a specific risk. A code is not legally enforceable but it can be used in court as evidence as to whether your workplace has met its obligations under WH&S laws. • Standards usually provide practical advice on dealing with common workplace problems (such as manual handling). Like codes, they are not legally enforceable; however, they are important tools that, if complied with, are additional evidence that a workplace is meeting its WH&S legal obligations. • Guidance notes or industry standards provide technical and design guidance, such as for safety and emergency equipment. Like codes of practice, these notes or standards are not legally enforceable, but following them enables you to show that you are taking steps to meet your WH&S legal obligations.

In practice • Make sure that you understand the hazards and risks in your workplace.

of 70 • Make sure that there is a checklist of the things you need to do to make sure your workplace is safe for all employees. • If you are unsure about any risks, discuss this with your senior managers, your Health and Safety committee or Health and Safety representative. A Health and Safety committees is usually a group of workers and managers who together discuss and take action on any health and safety issues raised at work. • Check if additional OH&S rules in your state or territory also apply to your workplace.

Further resources National: Safe Work Australia www dot .safeworkaustralia dot .gov dot au

National: Australian government http colon forward slash forward slash australia dot gov dot au /topics forward slash ohs dash workplace dash health dash and dash safety

Australian Capital Territory: WorkSafe ACT www dot worksafe dot act dot gov dot au

New South Wales: WorkCover Authority of NSW www dot workcover dot nsw dot gov dot au

Northern Territory: NT WorkSafe www dot worksafe dot nt dot gov dot au

Queensland: Workplace Health and Safety Queensland www dot deir dot qld dot gov dot au forward slash workplace /index dot htm

South Australia: Safe Work SA www dot safework dot sa dot gov dot au

Tasmania: Workplace Standards Tasmania www dot wst dot tas dot gov dot au

Victoria: WorkSafe Victoria www dot worksafe dot vic dot gov dot au

Western Australia: WorkSafe www dot commerce dot wa dot gov dot au /WorkSafe

3.2 Creating a culture of care A safe and healthy workplace means more than just doing what the law requires. You need to build a culture where health and safety are part of everything you do. You need to constantly look for ways to improve all aspects of the workplace.

In order to keep your workplace safe and healthy and improve your processes and systems, you should regularly ask these questions: • The work environment. Is the lighting appropriate, the temperature comfortable, the workplace properly ventilated? • Work systems. Is the way things get done designed to be safe?

of 70 • Equipment. Are machines safe, well maintained and used appropriately? Are employees regularly trained on the safe use of machines and equipment? • Substances. Are chemicals and other materials used, handled and stored safely? Are they properly labelled? • Information. Do you supply information on safe working procedures and warnings about hazards, and is this information readily accessible? Is all information provided in a format that can be understood by all people in the workplace? • Training. Do you provide regular training on health and safety to all staff, and extra training for managers to instruct others? Is training designed to be accessible to all people in the workplace? • Treatment. Are medical procedures and supplies in place if needed when there is an accident? Is there always a staff member on duty who has current first aid training? • Emergencies. Are all staff aware of emergency plans and equipment in the workplace? Are they readily accessible in case there is an emergency, like a fire? Are all staff reminded about emergency plans and trained regularly in emergency procedures? • Audits and checks. Do you conduct regular audits and checks of all aspects of work health and safety? If so, do you keep written records of these audits and checks?

Under WH&S law, an employer must provide, where it is possible to do so: • a workplace without risks to health and safety • safe equipment and structures • safe systems of work • guidelines and processes for the safe use, handling and storage of equipment, structures and substances • adequate facilities to provide for the wellbeing of workers in carrying out work • all information, training, instruction and supervision needed to protect workers from risks to their health and safety • rest areas, facilities for refreshments and accessible toilets and related amenities • monitoring of the health of workers and workplace conditions to prevent illness or injury.

In practice • Make sure that your induction for new employees includes information they need to stay safe. • Build checks on your workplace into your work routine and take immediate action if you see a problem. • Encourage your employees to report any WH&S problems that they observe.

3.3 Managing risk Always try to eliminate any risk and, if that is not possible, then focus on reducing the risk. If risk still remains, apply controls and provide protection. This is the basic principle of risk management in health and safety rules. This illustration outlines the steps you should take. This is called the hierarchy of controls.

of 70 The strongest controls eliminate the ‘human factor’. The weakest controls depend on people always doing the right thing (for example, by following strict safety procedures or wearing protective clothing). Because people aren’t perfect, these controls are the least reliable.

You will probably use a combination of solutions at different levels, and it is helpful to always emphasise how important it is for people to be careful. But always look to see if a danger can be eliminated or reduced before you rely on a lower level of control through such things as procedures or protective clothing to manage risk.

This lower level of control should only be used: • as a last resort, when no other practical control measures are available • as a stop-gap, until a more effective way of controlling the risk can be used • as a back-up, to supplement higher level control measures.

The Code of Practice on How to Manage Work Health and Safety Risks is a practical guide to achieving the standards of health, safety and welfare required under WH&S laws. The code includes information on how to identify hazards, assess risks and control risks, and how to review your controls and keep records. It also includes useful tools such as a process to assess how things go wrong and a risk register. The code can be found on the Safe Work Australia website at www dot safeworkaustralia dot gov dot au forward slash sites forward slash SWA forward slash AboutSafeWorkAustralia forward slash WhatWeDo forward slash Publications forward slash Pages forward slash Manage dash WHS dash Risks dash COP dot aspx.

This code of practice applies to anyone who has a duty of care. Courts may regard the code of practice as evidence of what is known about a hazard, risk or control. They may also rely on the code in determining what is reasonable and practical to do in the circumstances.

In practice 1. Eliminate. Eliminate the risk completely. 2. Reduce. If it is not possible to eliminate the risk altogether, reduce the risk as much as possible by doing one or more of the following: • Substitution: Look to perform a task another way; replace dangerous materials with safer ones. • Isolation: Remove workers from the potential risk; perform risky operations when people are not around; put physical barriers between the source of potential harm and workers. Remember, this can reduce risks for most workers but cannot remove the risks for all. Attention must be paid to operational, maintenance and repair procedures. • Engineering controls: Use mechanical or electrical devices to reduce risk, such as guards and shields on machines, or remote switches. 3. Control. If a risk remains, minimise it as much as possible through administrative controls, such as: • safe work instructions • appropriate supervision

of 70 • signs • training. Administrative controls should only be relied on: • as a last resort, when no other practical control measures are available • as a stop-gap, until a more effective way of controlling the risk can be used • as a back-up, to supplement higher level control measures. 4. Protect. If a risk still remains, minimise it as much as possible by providing suitable personal protective equipment (PPE), such as safety glasses or goggles, earmuffs, safety helmets, gloves and boots, and overalls or aprons. Personal protective equipment should only be relied on: • as a last resort, when no other practical control measures are available • as a stop-gap, until a more effective way of controlling the risk can be used • as a back-up, to supplement higher level control measures.

3.4 Consulting, cooperating and coordinating Health and safety laws require your business to consult, cooperate and coordinate with others when managing risks to workers. Workers include employees, contractors, subcontractors, volunteers and others who are lawfully at the workplace (like a courier delivering something).

Sometimes you need to work with other business units or businesses to identify and manage risk. Accidents often happen because a risk is assumed to be someone else’s problem, so written agreements can help clarify who is taking responsibility. But ongoing observations and conversations, written records and a commitment to fix problems are most important.

The most important ongoing conversation is with your own workers. Not only should you stress the importance of health and safety whenever you can, but national WH&S law requires your business to consult with workers when identifying risks and making decisions about how to best manage and control them.

To meet your legal obligations, consultation requires you to: • share relevant information with workers • give workers the opportunity to express their views about health and safety issues • include workers, and/or their representatives, in the WH&S decision-making process • inform workers of the decisions made.

Your business must also have agreed procedures about how to raise WH&S issues and how to resolve them.

The national Code of Practice on Consultation states your business ‘may establish any arrangements for consultation to suit your workers and workplace situations’ as long as those arrangements meet legal requirements. Elected health and safety representatives, and

of 70 health and safety committees, are encouraged but are not absolutely necessary. For more information on your obligations, go to http colon forward slash forward slash www.safeworkaustralia.gov.au forward slash sites forward slash SWA forward slash AboutSafeWorkAustralia forward slash WhatWeDo forward slash Publications forward slash Pages forward slash Consultation dash Obligations dash Fact dash Sheet dot aspx.

The important consideration is that the process is genuine in sharing information and taking feedback into account. The result should be good, timely information for everyone in the workplace about health and safety issues and how to address them.

No personal or medical information concerning a worker should be given to others without the worker’s consent, unless the information is in a form that: • does not identify the worker • could not reasonably be expected to lead to the identification of the worker.

Your business has a duty of care to workers. But workers also have a responsibility to do the right thing. It is important that you communicate these key duties clearly.

Workers have a duty to: • take reasonable care of their own health and safety • take reasonable care that their action or inaction does not endanger the health and safety of others • comply, as far as they can, with any reasonable instruction given to them to meet health and safety rules • cooperate with any reasonable health and safety policy or procedure they have been informed about.

In practice • Consider setting up a committee of workers for WH&S issues in the workplace. • Stay up to date with changes in WH&S requirements through good communication with your managers and others in your industry.

3.5 Keeping records The importance of making records at the time events occur and maintaining those records cannot be understated. Keeping records is important both for managing risks and to show compliance with health and safety laws and regulations.

Written records can help: • identify trends in unsafe conditions or practices that can then be corrected • provide information to work out priorities in education and training • provide documentation and evidence in case an incident occurs and you need to prove you did all you could reasonably do to prevent it.

of 70 What records you should keep depends on the size of your workplace and the work done. You should consult with management to determine what records to keep or, if you are unsure, who you might consider contacting for information and assistance. The Safe Work Australia publication, How To Manage Work Health and Safety Risks Code of Practice, gives some tools for record keeping.

The important areas to focus on are records of: • safety inspections and audits, risk assessments and corrective action • consultation with workers about health and safety issues • orientation and review programs that aim to ensure your workers are getting the education and training they need • health and safety meetings that monitor how well issues are acted on • accident and incident reports if someone is injured in the workplace • accident and incident investigations that identify which hazards have caused incidents and demonstrate how they were controlled • training provided on work health and safety (including attendance records) • emergency plans, procedures and training • first aid risk assessments that determine the first aid requirements for your workplace • incidents requiring first aid, to help prioritise health and safety efforts.

In practice • Cooperate with senior management to have a system of record keeping that is well understood by everyone. • Check that your workplace has standard forms and documents that support your record keeping in an organised and consistent way. • Document your agreed procedures about how to raise WH&S issues and how to resolve them, and make sure your employees are aware of them.

3.6 Notifiable incidents A notifiable incident is a work incident involving death, serious injury or illness, or a dangerous incident.

A serious injury or illness is when a person needs medical treatment within 48 hours of exposure to a substance, or immediate treatment by a qualified medical person or at a hospital for a serious injury or illness. Importantly, it does not matter if a person is actually treated, just that the injury or illness could reasonably be considered to need such treatment.

A dangerous incident exposes a person to a serious risk to their health or safety. This includes risks from spills or leaks of dangerous substances, electric shocks, falls or structure collapses.

of 70 The relevant state regulator must be notified of such incidents as soon as possible by telephone or in writing. If notification is by telephone, the regulator may request written notice to be provided within 48 hours.

In the event of a notifiable incident, the site should not be disturbed until an inspector arrives or directs action that will disturb the site. This does not prevent action to assist anyone hurt or to prevent anyone from being hurt or put at risk.

Even if an incident or accident is not so serious as to qualify as a ‘notifiable incident’, it is prudent for a workplace to keep a record of all incidents and accidents, no matter how big or small. An accidents and incidents register can be a useful tool for this.

In practice • Be aware of who on your worksite is trained to provide early assistance to someone who has been injured in a serious incident. • Consider keeping an accidents and incidents register.

3.7 Providing information Your business must provide workers with all information, training, instruction and supervision necessary for them to do their jobs safely. Health and safety regulations state that information must be appropriate to your workplace and presented so it is easily understood by employees, taking into account their knowledge, experience and capabilities. This is the area that may pose the greatest challenge for you, depending on the range of abilities of your workers.

This handbook provides an overview of the information an employer should provide to workers about health and safety issues in their workplace. Employers also need to consult workers about work health and safety issues and give them the opportunity to provide feedback.

In summary, employees have the right to know: • all the risks involved with doing their job, and how to eliminate, reduce or control those risks • what emergency procedures are and how to use them • how to access first aid and alert others to any emergency or danger • how they can raise concerns about work health and safety issues and who they can raise them with • what their obligations are to help keep themselves and others safe in the workplace, by following safety procedures and using equipment properly.

In line with other forms of assessment at your workplace, health and safety training involves a mix of general principles (competencies) and specific practices. In addition to regular training, it also needs some means of assessment to check that the training has been understood.

A typical training model emphasises:

of 70 • classroom-type training in safe processes and use of equipment • step-by-step instruction in and, where appropriate, demonstration of operating procedures • time under supervision and observation by an experienced, qualified operator • a test and practical demonstration of competence to a qualified assessor.

Remember that people learn and absorb information in different ways and formats. Some people learn best by watching demonstrations, others by reading instructions, others still by looking at diagrams, or a combination of all of these. It is important that you offer training and information in a range of formats and media, to cater to all your employees.

In practice • Adapt this approach according to the needs of your employees and the relative degree of risk of tasks they perform. • Consider the need for processes to be continuously reinforced to remind workers of proper procedures, such as through safety signs, posters and the like, and through regular refresher training sessions. These may have to be more frequent for some workers. • Collect information from tests and reports about accidents to help prioritise the focus of instruction.

3.8 Preparing for emergencies Your business must have an up-to-date emergency plan — a set of written instructions that outlines what you, workers and others in the workplace should do in an emergency.

The emergency plan should cover three essential aspects: procedures, information sharing and testing.

Procedures need to be easy to carry out and be practised regularly. When they’re required — in an emergency — is just the time that panic can cause people to forget. They include: • effective responses to an emergency (such as shutting down machines) • practised evacuation procedures (for example, well-understood assembly points, training of safety wardens) • notification to emergency services (fire brigade, ambulance, police) • medical treatment and assistance (for example, contacts for first aid officers) • effective communication between designated ‘emergency coordinators’, safety wardens and other workers to ensure everyone is looked after and accounted for.

Information needs to be shared through training and instruction to ensure everyone knows what to do in the event of an emergency. This includes: • instruction, supported by drills, on procedures for different emergencies (such as fire, earthquake, flooding or gas leak) • signs at appropriate spots (such as near phones) that itemise steps to take, and the names and phone numbers of who to contact

of 70 • maps and signs clearly indicating the location of emergency muster areas, emergency exits and emergency equipment such as fire extinguishers and first aid equipment • extra training for first aid officers, fire-safety officers, area wardens and others who will take responsibility for the wellbeing of others; this might also extend to a ‘buddy system’ to account for the needs of those with particular disabilities.

Testing of emergency procedures should be done regularly through: • practice of drills in case of fire or other emergencies; drills should be regular enough to ensure everyone is confident and knows what to do when an alarm is raised • periodic quizzes on first aid questions or emergency numbers; this information could make all the difference in a crisis.

In practice • Don’t forget that an emergency can happen at any time. Give new employees information about emergency procedures at the beginning of their induction into their job. • If established employees move to a new role in your organisation, give them an early update on emergency procedures and personnel in their new work area.

of 70 4 PROVIDING A SAFE WORKPLACE This chapter provides an overview of the main areas and issues you should know about when assessing the workplace health and safety needs of your employees.

Your workplace should be clean and safe for workers and others, with facilities that are accessible and in good working order. There should be enough space to work safely. Lighting should be sufficient to work and move around safely, as well as to exit the building during an emergency. Indoor areas should be well ventilated and the temperature comfortable. Utilities such as gas, electricity, water, sewerage and telecommunications should be located where they do not affect the health or safety of any worker. Adequate hygiene facilities must be provided, including a sufficient number of accessible bathrooms, and consumable items such as soap and toilet paper should never run out.

Regulations and codes of practice cover many aspects of providing facilities for a healthy and safe workplace. If you have questions or concerns, talk to your organisation’s senior managers or health and safety specialists, or contact your state authority for advice (a list of national, state and territory authorities is provided in Chapter 3).

It is important that new employees are made aware of your workplace health and safety features as part of their orientation, and also to remind established workers of these features, especially emergency exits, equipment and processes. This is part of your duty of care.

4.1 Keeping the physical area safe As a manager of a disability service provider, you have a responsibility to ensure that the physical workplace, including entries and exits, work areas and individual workstations, is large enough for the work being carried out and is kept uncluttered, and that steps taken to reduce the risk of slips, trips and falls.

Your workers will have a number of different needs that require special attention to make sure that workspaces and facilities can be safely accessed and used in a welcoming environment. These may include such things as Braille and tactile signs, emergency warning systems that can be heard by all, symbols and signs, handrails and so on.

Disability standards on access to buildings give further guidance on this in addition to the Disability Discrimination Act, such as the 2010 Disability (Access to Premises — Buildings) Standards 2010, available at www dot comlaw dot gov dot au forward slash Details forward slash F2010L00668. If you have a concern that your workplace does not meet the needs of your workers, you should discuss this with your management to make sure that your workplace complies with requirements of regulations and legislation.

Slips, trips and falls Your workplace must minimise the risk of anyone slipping, tripping or falling.

Slipping is usually due to slippery floors or wearing the wrong shoes.

of 70 Tripping is usually caused by uneven edges in flooring, loose mats or unnoticed obstacles like an opened drawer, a box or an electrical cord.

A fall can result from slipping or tripping on steps, stairs and curbs. Even falling from a very low height can cause a serious injury. The risk increases with the height of the fall. For guidance on high falls, refer to the Code of Practice: Managing the Risk of Falls at Workplaces, which you can find on the Safe Work Australia website at www dot safeworkaustralia dot gov dot au forward slash sites forward slash SWA forward slash AboutSafeWorkAustralia forward slash WhatWeDo forward slash Publications forward slash Pages forward slash Managing dash Risk dash Falls dash COP dot aspx.

To manage the risk of slips, trips and falls, follow the hierarchy of controls (detailed in Section 3.3). First, eliminate the risk as far as possible and then reduce the risk through substitution, isolation or engineering controls. If the risk still exists, control it through training and work practices, and use protective equipment. The following table shows what you might do to manage the risk of slips.

Hierarchy of control Eliminate the hazard - examples to avoid slips, trips and falls For example, remove slip and trip hazards, such as minimising changes in floor levels and installing more power outlets to avoid trailing cords

Use substitution For example, replace flooring with a more slip-resistant surface.

Isolate For example, prevent access to high-risk areas; for example, make a barrier around wet floor areas while cleaning is in progress.

Apply engineering controls (redesign) For example,  Improve lighting.  Stop leaks from equipment or pipes.  Clearly mark edges of steps and any changes in floor height. Apply administrative controls For example,  Provide training and supervision.  Implement good housekeeping practices: keep access ways clear and clean up spills immediately.  Use signage to warn of risky or no-go areas. Use personal protective equipment (P.P.E.) For example, wear slip-resistant footwear.

of 70 Entries and exits Entries and exits to and from the workplace must be safe, accessible and clear of obstructions — this is particularly important if you have workers with physical disability or who require wheelchair access. Check to ensure aisles and walkways are kept free of obstructions at all times and that there is always adequate lighting. If there are wheelchair users in your workplace, you must ensure all aisles, walkways, entry and exit points are clear for a wheelchair to safely pass through. The location of exits should be clearly marked and signs should show the direction to exit doors.

Clean and tidy workspaces An untidy workplace can cause injuries, particularly from slips and trips. As a manager, you should promote a work culture of cleanliness and tidiness, such as ensuring spills are mopped up immediately and signage erected if the floor remains wet, floors are kept clear of obstructions, work materials and equipment are stored away, and waste is removed. A well- designed workplace and clear procedures help employees to cooperate in keeping the workplace tidy.

Work areas Work areas should be designed to provide sufficient clear space between furniture, fixtures and fittings so that workers can move about freely and evacuate quickly in case of an emergency. Factors such as heat or noise may require an increase to the space. Work activities that involve manual tasks or the use of tools where close working conditions increase the risk of injury may also need more space. Further guidance is available in the Code of Practice on Hazardous Manual Tasks: www dot safeworkaustralia.gov.au forward slash sites forward slash SWA forward slash AboutSafeWorkAustralia forward slash WhatWeDo forward slash Publications forward slash Pages forward slash Hazardous dash Manual dash Tasks dash COP dot aspx.

Workstations Ideally, work should involve a mix of seated and standing tasks to avoid prolonged sitting or standing. If sitting, workers should be able to perform their work in a comfortable, upright position with shoulders relaxed and upper arms close to the body. Their chairs should be adjustable to provide good body support, especially for the lower back, and foot support, preferably with both feet flat on the floor. Otherwise, a footrest should be provided. This diagram illustrates the best chair and desk settings for good sitting posture.

If a job is primarily carried out while standing, appropriate seating should be provided to allow sitting from time to time.

Remember, if workers are predominantly seated or standing in their work each day, you should encourage regular breaks for a stretch and basic exercises. You should also provide information to workers reminding them to take breaks and to stretch and do appropriate exercises throughout their work shifts. See page 84 for an example of the kinds of exercises they might do.

In practice • Take steps to reduce the risk of slips, trips and falls; check for uneven edges in flooring, loose mats and obstacles, and clearly mark edges of steps and changes in floor height.

of 70 • Make sure that entries and exits, aisles and walkways are safe, accessible and clear of obstructions, and are adequately lit and signposted. • Promote a work culture of cleanliness and tidiness by ensuring spills are mopped up immediately and slip hazards are signposted, work materials and equipment are stored away, and waste is removed. • Make sure sufficient clear space is provided between furniture, fixtures and fittings so that workers can move about freely and evacuate quickly in case of an emergency. • Make sure workers have a reasonable mix of both seated and standing tasks, or encourage regular breaks for a stretch and basic exercises, and that workstations allow proper postural support.

4.2 Keeping environmental conditions safe Environmental conditions, such as lighting, air quality and temperature, and noise levels can affect both the comfort and health of your workers. As a manager, you have a duty of care to ensure these conditions suit the type of work your employees are doing, and to provide adequate protection for workers in outdoor settings.

Lighting Lighting, from either natural or artificial sources, must be bright enough to move safely around the workplace and to perform jobs. Too little lighting can cause eye strain; too much lighting can cause glare and headaches. As every individual may have different comfort levels, look for solutions that give local or individual control over the lighting level, such as using workstation lamps, along with screens, visors, shields, hoods, curtains or blinds to reduce reflection, shadows and glare.

Air quality Strict regulations cover workplace ventilation, as badly designed or maintained systems can spread dangerous fumes or germs and bacteria, such as the potentially deadly Legionella bacteria. As a manager, you should be vigilant in monitoring any changes in air quality that may pose a risk to the health of workers. You should also ensure air-conditioning systems are regularly checked by a qualified person.

Don’t forget that some of your staff may have allergies or even multiple chemical sensitivity (MCS), which can lead to a person becoming very unwell from exposure. This is discussed in Chapter 4, but it is important to note here that ensuring good ventilation can help to reduce these health risks.

Air temperature The workplace temperature range should be comfortable and suit the work being done. If the temperature is too high or too low it can contribute to fatigue and heat-related or cold-related illnesses.

The optimum comfort zone for sedentary work is 20–26 degrees Celsius, depending on the time of year and clothing worn. Workers involved in physical labour usually prefer a lower temperature range.

Look first at ventilation and air-conditioning controls to keep temperatures comfortable. When it is not practical to raise the overall temperature, consider these control measures:

of 70 • provide localised heating, such as a small bar or fan heater, ensuring that it has adequate safety measures such as a cut-out switch • ensure your workers have clothing that is warm enough.

When it is not practical to reduce the overall temperature, consider these control measures: • slow down the pace of work • provide localised cooling, such as a small fan • provide a supply of cool drinking water • provide a cool, well-ventilated area where workers can take regular rest breaks • ensure light clothing is worn to allow free movement of air and sweat evaporation.

Noise Employers have specific obligations to prevent workers suffering hearing loss due to noise at the workplace. But there are other good reasons to manage noise. Effectively managing noise risks: • protects workers from hearing loss and tinnitus (ringing in the ears or head) • improves conditions for communication • makes it easier to hear sounds necessary for working safely, such as instructions or warning signals • creates a less stressful and more productive workplace.

Noise may be effectively managed by giving workers protective equipment such as earmuffs.

Noise does not have to damage hearing to affect health. Stress from persistent noise increases the risk of fatigue and cardiovascular disorders, including high blood pressure and heart disease. Noise can also chronically interfere with concentration, making accidents more likely.

Background noise can be particularly aggravating for those with hearing loss. Even with a hearing aid, competing background noises make it harder to understand what others are saying.

As a guide, the Code of Practice for Managing Noise and Preventing Hearing Loss at Work ( www dot safeworkaustralia dot gov dot au forward slash sites forward slash SWA forward slash AboutSafeWorkAustralia forward slash WhatWeDo forward slash Publications forward slash Pages forward slash Managing dash Noise dash Preventing dash Hearing dash Loss dash COP dot aspx) recommends keeping noise levels below: • 50 decibels (dB) when work is being carried out that requires high concentration or effortless conversation • 70 decibels (dB) when more routine work is being carried out that requires speed or attentiveness, or when it is important to carry on conversations.

of 70 Talk to your workers about workplace noise that they find distracting or disturbing. If you are unsure about how to eliminate or minimise noise effectively, consider asking senior management to carry out a formal noise assessment.

Some medications, called ototoxic substances, can also cause hearing loss or exacerbate the effects of noise on hearing.

Working outdoors When outdoors, your workers need to have access to: • shelter for eating meals and taking breaks, and for protection from the sun or rain; a shed, caravan, tent, shade canopy, vehicle or public facilities may provide appropriate short-term shelter • a ready supply of fresh drinking water below 24 degrees Celsius; workers should not have to drink out of a shared container • accessible toilets.

On sunny days, ensure workers are protected against sunburn and possible heatstroke. • Arrange alternatives to working in direct sunlight when the sun is most intense, between 10 am and 2 pm (or 11 am and 3 pm during daylight saving). • Make sure employees have 30+ water-resistant sunscreen, and that they have time to put it on 20 minutes before going into the sun. • Ensure they use personal protective clothing such as a wide-brimmed hat, long-sleeved collared shirt, long pants, sunglasses. • Schedule regular breaks in the shade and remind your workers to drink plenty of water to stay hydrated.

Workers with physical disability may need assistance in taking these measures to protect themselves against sunburn and possible heatstroke.

In practice • Make sure lighting is bright enough to move about safely and perform jobs without causing eye strain or glare. • Monitor for changes in air quality and have air-conditioning systems checked regularly by a qualified person. • Make sure the workplace temperature is comfortable for the work being done and look for control measures to provide solutions for individuals. • Make sure noise is kept to a comfortable level and talk with your workers about noise issues. • Provide adequate water, shelter and other facilities for employees working outside, especially on hot or sunny days.

4.3 Providing safe facilities All workers require adequate and accessible facilities, for personal hygiene and comfort, food and drinking water, and access to first aid.

of 70 The main facilities are listed in this section. Regulations and codes of practice cover many aspects of these facilities, from the number of toilets per number of workers to the size of change rooms. If you have questions or concerns, talk to your organisation’s senior managers or health and safety specialists, or contact your state authority for advice. You may also want to refer to the website: www dot safeworkaustralia dot gov dot au forward slash sites forward slash SWA forward slash AboutSafeWorkAustralia forward slash WhatWeDo forward slash Publications forward slash Pages forward slash Environment dash Facilities dash COP dot aspx.

Accessibility All workers must be able to access facilities. Your workplace does not necessarily have to provide certain amenities, like a canteen, if workers can use facilities close by, but those facilities must be suitable for your employees, who must have appropriate opportunities to use them.

You need to: • assign breaks to enable them to use the facilities • make sure access is safe at all times, such as by ensuring use is chaperoned or supervised • make alternative arrangements at times that access is difficult or unsafe.

Drinking water An adequate supply of free, clean drinking water must be provided at all times. Water should be: • easily available, particularly when heat or physical activity increases the chance of dehydration or heat stress • separate from toilet and washing facilities to avoid the risk of contamination • less than 24 degrees Celsius.

When working outdoors or away from the normal workplace, water should be available from public facilities or provided in bottles or containers. Workers should never have to drink directly from a shared container.

Toilets All workers must have access to clean bathrooms and toilets. When workers are away from the normal workplace, such as outdoors, you must ensure there are accessible toilets and inform workers where they are and how to access them.

Hand washing Hand-washing facilities must be provided to enable workers to maintain good standards of personal hygiene. When work is carried out in locations where no hand-washing facilities are available, such as outdoors, you must provide alternative facilities, such as a water container with soap and paper towels, hand wipes or alcohol-based hand wash.

of 70 Dining facilities Workers should have hygienic dining facilities to eat, prepare and store food. In practice, this might mean a canteen or cafeteria, a dining area where ten or more workers can eat at the same time, or a kitchenette or meals area for smaller workplaces.

The Code of Practice on Managing Work Environment Facilities includes information on suitable facilities for large and small static workplaces. At a minimum there should be: • seating • a sink with hot and cold water, washing utensils and detergent • an appliance for boiling water • clean storage, including a refrigerator for storing perishable food • vermin-proof rubbish bins, which should be emptied at least daily.

If any of the appliances in a dining facility pose their own risk of harm (such as an appliance that boils water), you may need to have rules about people being assisted to use such appliances. If food is kept in a dining facility, you might also need to consider signage to warn users of food that may have expired and gone bad or that may contain nuts or other foodstuffs that commonly cause allergic reactions (some reactions are life-threatening, such as anaphylaxis).

Dining facilities may also need to be modified for workers with disability to ensure they can be safely accessed (for example, by installing handrails).

Personal storage The workplace needs to provide accessible and secure storage for personal items belonging to workers (handbags, jewellery, medication and hygiene supplies). This storage should be separate from that provided for personal protective clothing and other work equipment.

Change rooms If workers have to change in and out of clothing due to the nature of their work, you need to provide private changing areas with secure storage for personal belongings. This includes workers who need to wear uniforms or personal protective clothing, and who leave their work clothing at the workplace. Change rooms may also need to be modified for workers with disability to ensure they can be safely accessed (for example, installing handrails). The Code of Practice on Managing the Work Environment and Facilities provides further detail about the number of change rooms required and their design.

Shower facilities Certain jobs in which workers get dirty or hot may require showering facilities. Some workplaces also provide showers for workers who ride a bicycle to work. Showers should be clean and free of grime, with non-slip floors. They should ensure privacy, with a dressing area containing a seat and hooks, and a lockable door. If workers with disability require assistance to use such facilities, appropriate and safe procedures need to be formulated in consultation with the worker and any family member, guardian, carer or advocate they have. Facilities may also need to be modified for workers with disability to ensure they can be safely accessed (for example, installing handrails). Further guidance can be found in the Code of Practice on Managing the Work Environment and Facilities.

of 70 First aid All workers must be able to access a first aid kit and a person who is first aid trained (a first aid officer). What should be in the kit depends on the workplace and the type of work done.

Further guidance on first aid can be found in Safe Work Australia’s Draft Code of Practice on First Aid in the Workplace (www dot safeworkaustralia dot gov dot au) or the guidance provided by your state government regulatory agency. First aid requirements vary according to the type and size of the workplace, so take the time to check the official guidelines if you have a particular responsibility for this area.

In general, though, the kit should provide basic equipment for a first aid officer administering first aid for injuries including: • cuts, scratches, punctures, grazes and splinters • muscular sprains and strains • minor burns • major cuts and bleeding wounds • broken bones • eye injuries • shock.

Each kit should be immediately identifiable by a white cross on a green background, contain a list of contents and be kept in a prominent, accessible location close to areas where there is a higher risk of injury or illness.

The location of first aid kits should be shown on emergency floor plans displayed in the workplace. Using well-recognised, standardised first aid signs assists in easily locating kits (and other first aid facilities).

Along with knowing the location of kits, every worker should be given information about who your workplace’s first aid officers are and who to go to in the event of an accident or other event needing medical attention.

In practice • Make sure all facilities are accessible and workers have appropriate opportunities to use them. • Make sure adequate drinking water, separate from toilet and washing facilities, are available. • Check that bathrooms, hand-washing facilities and toilets are clean and have adequate resources, such as soap and toilet paper. • Check that facilities for eating, preparing and storing food are clean, are of an appropriate size for the number of workers and are adequately resourced. • Make sure personal storage space and change rooms are accessible and appropriate. • Make sure that first aid kits are accessible and have the correct supplies, and that a first aid officer is properly trained and available at all times.

of 70 5 PROVIDING SAFE PROCESSES Processes involve people, and people aren’t perfect. They forget things and make mistakes. It is therefore important to have easy-to-follow procedures, training and safety reminders such as signs and posters to minimise the risk of workers not doing things in the safest possible way.

Regulations and codes of practice cover many aspects of providing facilities processes for a healthy and safe workplace. If you have questions or concerns, talk to your organisation’s senior managers or health and safety specialists, or contact your state authority for advice (a list of national, state and territory authorities is provided in Chapter 9).

This section includes processes for using safety clothing and equipment, and using and storing hazardous materials. It also covers healthy work practices such as hand washing, conducting manual tasks, guidelines for standing, sitting and stretching, and rules for medications and other drugs in the workplace.

5.1 Using personal protective equipment Safety clothing and equipment, such as safety glasses or goggles, earmuffs, safety helmets, gloves and boots, and overalls or aprons, is known as personal protective equipment (PPE). This equipment must be provided and worn when there is no other way to eliminate or control a health or safety risk. As the last level of the ‘hierarchy of controls’ is designed to deal with risks in the workplace (see Section 3.3 ‘Managing risk’), it should only be used as a last resort, a temporary stop-gap or a back-up.

Your business must supply appropriate signage in any area where personal protective equipment is required. The equipment must: • be selected to best minimise health and safety risks • be suitable for the nature of the work and hazard • fit the person wearing it and be reasonably comfortable • be maintained, repaired and replaced to ensure it always does its job • always be used or worn by the worker when practical • always be used or worn, when practical, according to the information, training or instruction provided.

The last requirement underlines your responsibility to ensure all workers have access to information and training. They should understand the importance of using equipment and how to use it correctly. They should also understand that using equipment does not provide complete protection, and that they must take care and follow other safety rules.

Your business should make available signs and posters for you to use, to remind workers where and when personal protective equipment is required.

Workers also have duties:

of 70 • to use the equipment supplied according to the information, training or instruction they have been given • to not intentionally misuse or damage equipment • to inform their manager or health and safety representative of any need to fix, clean, sterilise or replace equipment that they know of.

If workers do not comply with these responsibilities, you should treat this seriously and take appropriate steps to remind, warn, reprimand and further train the worker to ensure the conduct is not repeated.

In practice • Assess whether personal protective equipment is required for a particular task. • Where it is required, supply the appropriate equipment and make sure it is properly used and maintained to fit its purpose. • Make sure workers know how to use the equipment properly and supply signage for any area where safety equipment is required. • Make sure workers do not misuse the equipment and that they report any equipment needing maintenance or replacement.

5.2 Using materials safely Dangerous goods and hazardous substances are commonly used in households and in business (such as cleaning products). The theme to rules governing their use is managing the risks they pose to health and safety. Strict rules govern the way chemicals must be handled and stored, including the requirement that they are labelled correctly.

Dangerous goods and hazardous substances Dangerous goods are substances that are corrosive, flammable, explosive, spontaneously combustible, toxic, oxidising or water reactive. Petrol, LPG, paints, pesticides and acids are examples of commonly used dangerous goods. Dangerous goods can cause fires or explosions, or present immediate health risks, such as burns and poisoning, that can kill and injure. They are recognisable by a diamond-shaped sign that must be shown on their labelling.

Hazardous substances are harmful to health and can cause chronic illnesses like cancer, asthma, dermatitis and other diseases. The health effects caused by hazardous substances are not always obvious. Some symptoms may develop years after repeated and lengthy exposure. Some dangerous goods are also hazardous substances.

Both dangerous goods and hazardous substances are commonly used in households and in business (such as cleaning products). To manage the risk they pose to health and safety, it is crucial to have correct information, make sure you understand the information, and use, handle and store the materials in a way that keeps exposure low enough to avoid danger.

To assess whether any chemical or substance poses a health risk, you need to know: • what the substance is and whether it is hazardous

of 70 • how the substance is used (or misused) • if there is a chance of a person being exposed to the hazardous substance, how much they are exposed to it, for how long and how often • whether you have employees with particular allergies, sensitivities or susceptibilities to particular chemicals or substances • how to use the above information to assess the risk to a person’s health.

To keep the risk from these materials as low as possible, you should: • use control measures that remove or reduce exposure to the substance (such as gloves or masks, depending on the type of possible exposure) • make sure employees are informed of any risks and are trained to use substances safely • check that these controls are working properly and monitor the health of users • keep records of all the actions taken.

As in other areas of risk management, the Code of Practice for the Control of Workplace Hazardous Substances (see link in the next section) recommends a hierarchy (an ordered list) of controls: • elimination (get rid of the risk) • substitution (try something else) • isolation (separate the process) • engineering (redesign equipment or process) • administration (implement safe operating procedures) • personal protective equipment (require use of such things as rubber gloves and respiratory masks).

Labelling chemicals Using and storing chemicals safely requires knowing what they are. Any substance, mixture or article classified as a hazardous chemical must be correctly labelled according to Work Health and Safety (WH&S) laws and guidelines. The only exceptions are when the chemical is a consumer or food product, or a pharmaceutical product already labelled according to Therapeutic Goods Administration (TGA) requirements.

A chemical is correctly labelled if its label includes information that: • is written in English • identifies the product • includes the name, address and phone number of the manufacturer or importer • gives the identity and proportion each chemical ingredient • includes a hazard pictogram(s) applying to the correct classification(s) of the chemical • includes a hazard statement(s), signal word and precautionary statement(s) that is consistent with the correct classification(s) of the chemical

of 70 • gives information about the hazards, first aid and emergency procedures relevant to the chemical • states the expiry date of the chemical, if applicable.

Your workplace must list any hazardous chemicals used or stored there on a Hazardous Chemicals Register. The register is required so people can easily find information about chemicals and their safe storage and use. Only chemicals in commercial or industrial quantities have to be on the register. The same chemicals in consumer products for typical household and office use do not need to be listed.

The Hazardous Chemicals Register must be readily accessible to anyone likely to be affected by a chemical at the workplace, and include a ‘safety data sheet’ (SDS) for each chemical. Every supplier of a hazardous substance must provide such a sheet. Chemical makers and distributors must update their safety data sheets at least every five years.

Before using a chemical in the workplace, you can check that it complies with WH&S regulations by checking that the accompanying safety data sheet: • is written in English • was prepared within the last five years • states the name, address and phone number of the chemical’s distributor or manufacturer • contains 16 separate headings, covering topics like first aid measures, fire-fighting measures, toxicological information, handling and storage • gives an Australian phone number for further information about the chemical in an emergency.

For detailed guidance, see the Code of Practice for the Control of Workplace Hazardous Substances, available from Safe Work Australia: www dot safeworkaustralia dot gov dot au forward slash sites forward slash SWA forward slash AboutSafeWorkAustralia forward slash WhatWeDo forward slash Publications forward slash Pages forward slash CP1994ControlOfWorkplaceHazardou dot aspx

Your state or territory is also likely to have its own code of practice in this area, and you should be aware of this as well.

In practice • Make sure that all dangerous goods and hazardous substances used or stored in the workplace are identified and their risk level is assessed. • Use control measures to remove or reduce workers’ exposure to hazardous materials and make sure employees know what the risks are and how to use the materials safely. • Make sure all chemicals are properly labelled. • Keep a Hazardous Chemicals Register that is readily accessible and includes a safety data sheet for each chemical.

of 70 5.3 Promoting healthy work practices Promoting good work habits can go a long way to creating a work culture that reduces health and safety risks. Reinforce common practices throughout the workplace such as proper and frequent hand washing, taking the right approach to bending and lifting, proper posture at workstations and appropriate breaks during repetitive tasks. Be aware of prescription medications that may affect workers’ behaviour, and maintain a sensible approach to smoking and the use of alcohol and other drugs in the workplace.

Health and hygiene Getting people to regularly wash their hands is the single most effective strategy to control the spread of germs and sickness in the workplace. It is easy to pick up or spread germs from things we have touched and, when germs get onto our hands, it is easy for them to get into our mouths.

You should encourage people to wash their hands: • before they touch any food • before tea and lunch breaks • after using the toilet • after blowing their nose or coughing • after touching any animals.

For hand washing to be most effective: • use warm or hot water • use an antibacterial soap • lather soap for about 15 seconds on both sides of the hands and wrists, between fingers and around fingernails • rinse hands and dry well before touching anything else, like a door handle.

Consider developing a policy over sickness in the workplace that gives guidelines as to when a worker should not come to work. Common colds and flu can spread quickly through the workplace but can also be stopped quickly if workers stay away to recover.

Manual tasks Manual handling refers to any physical exertion required to do a job. It might be moving an object or using a tool. It might involve lifting, pushing, holding, throwing, carrying or bending. It could be stacking boxes, sweeping the floor or shuffling paper.

Manual handling causes about 30 per cent of injuries in the workplace. These injuries, known as musculoskeletal disorders (MSD), commonly include back strain due to bending or lifting. Other injuries are due to repeating the same action over and over again, such as using a keyboard.

If any tasks pose a risk of musculoskeletal disorder (like damaging the lower back from lifting heavy weights), you must eliminate the risk. If that is not possible, you must reduce the risk as much as possible. This might require changing the workplace layout, the systems of work

of 70 or the objects used in the task, or using mechanical aids. If there is still a risk after using these methods, you should control it through information, training and instruction on safe procedures and correct posture. Here are some practical suggestions.

For tasks involving hard physical effort: • organise work to reduce the effort needed to lift, carry, move or hold items, such as packing items into two boxes weighing 10 kilograms each rather than one box weighing 20 kilograms • use mechanical aids, such as trolleys, whenever possible • avoid double-handling by loading in order of delivery, or loading bulk items together.

For tasks involving awkward working positions: • work in the straightest forward-facing position; not bent, slouched, twisted or turning • work with your arms close to your body; not reaching away or overhead • vary your position frequently; don’t stand, sit, kneel or squat for long periods • adjust the seat to maintain good posture, with comfortable access to vehicle or machinery controls.

For tasks that are highly repetitive and/or of long duration: • schedule regular breaks with stretching exercises • work at a slower pace • swap between different jobs to relieve monotony and the strain of repetitive action.

Make sure everyone has received clear instructions and has been trained to perform their tasks. Some businesses where workers are at risk because they are doing manual or repetitive work may find it prudent to make annual medical checks available to the employees.

As manual handling is a major source of injury, you should emphasise to employees that they have a responsibility to take reasonable care of their own health and to cooperate with efforts to make the workplace safe. This includes: • using manual handling equipment properly • following workplace policies and procedures (such as using trolleys, team lifting) • paying attention to health and safety instructions • not taking any shortcuts that could increase manual handling risks • reporting any problems that might lead to injuries.

Standing, sitting and stretching Just as strenuous or repetitive activity can stress muscles, long periods of inactivity can also cause muscle pain and stiffness. Sitting, standing or bending over a bench for a long time can lead to a sore neck, shoulders, back, legs, wrists or hands.

Occupational therapists recommend a break of five to ten minutes every hour to stretch and relieve stiff muscles. Make this a standard rule of your workplace. Time out to stretch as a

of 70 group also provides a chance for a shared social activity, relieves boredom and increases mental alertness. It can also help relieve other risks, like eye strain caused by focusing on the same thing for a long time.

This diagram illustrates a number of simple and effective stretches to tackle common stiffness in the neck, shoulders and arms.

Medication and other drugs Among the potential side effects of prescribed medications are drowsiness, dizziness, nervousness, headaches, shakiness, confusion and weight gain. Such side effects can often be misinterpreted in the workplace as reflecting badly on workers’ commitment and interest in their job. So it is important for you to understand if any medication your workers take might affect their work.

You must assure them that any information they give you will be kept private, and that the information will be used only to better meet their needs and protect their health and safety.

Even common non-prescription drugs such as painkillers and anti-inflammatories can cause bad reactions for some people. You might want to consider a policy of keeping all pharmaceuticals in the first aid kit, rather than in desk drawers, and to monitor and record their use.

You also need to clearly explain your workplace policy on other non-prescribed drugs, such as alcohol, tobacco and narcotics, and how these can affect performance and endanger the safety of others.

Smoking in the workplace Smoking is illegal in most enclosed workplaces. Every employee should be told where smoking is completely forbidden, including outdoors near doors and other entrances. No- smoking signs are not required by law but displaying them makes sure that employees and visitors know where smoking bans apply.

Smoking can be a serious problem for workplaces. Your workplace might have a strict non- smoking policy. But those with psychiatric disability often smoke as a form of self- medication, to relieve stress. Expecting smokers, particularly heavy smokers, not to smoke during their work day could make them more anxious or irritable.

In such circumstances, you should consider either tolerating their behaviour or find a compromise that observes the non-smoking policy but protects the health of your other workers while not banning smoking completely. You should consult with the employee to work out a compromise that is acceptable to the employee, other workers and to you.

Alcohol and other drugs in the workplace Using or being affected by alcohol or non-prescription drugs at work usually indicates a serious personal problem. Such use affects work performance and productivity. More importantly, it poses a health risk to the person as well as to co-workers, due to the possibility of impaired judgement and risky behaviour. Consult your counselling services about intervention, counselling and other help.

In practice • Make sure your employees know and use the proper procedures for hand washing. • Develop a policy about illness in the workplace and appropriate times to take sick leave.

of 70 • Make sure all workers are aware of manual handling techniques and use the proper processes for bending and lifting, posture at workstations and appropriate breaks during repetitive tasks. • Be aware of the possible effects of prescription medications and what medications your employees need to take, and consider a policy of keeping all pharmaceuticals safe, with use monitored. • Develop sensible policies on smoking, and the use of alcohol and non-prescription drugs in the workplace.

of 70 6 MAKING PEOPLE SAFE Health is defined in work health and safety laws as both physical and psychological health. This means an employer’s duty of care in the workplace extends to protecting the mental health of workers, as well as their physical health.

Behaviours such as bullying, harassment, discrimination, abuse and neglect can take many forms, and they are all unlawful and unacceptable in the workplace, as in every other aspect of life.

All employees have the right to feel safe and be supported if they feel they are being subjected to any of these behaviours. As a manager, it is your responsibility to be observant and take early action if you believe a worker or a fellow manager is behaving badly towards others, or is a victim of such behaviour.

6.1 Understanding bullying The most common form of abusive behaviour in the workplace is bullying. Workplace bullying is defined as ‘repeated, unreasonable behaviour towards a worker or a group of workers that creates a risk to health and safety’ (WorkSafe Victoria, www dot worksafe dot vic dot gov dot au).

Workplace bullying covers a wide range of behaviours and does not need to be based on who the victim is, such as the victim’s race, gender or disability. Although only a few laws state specifically that ‘bullying’ is unlawful, the law does provide protection against bullying. Some laws capture bullying behaviour by including it in workplace health and safety laws, apprehended violence (or restraining) orders, the criminal law and the law of negligence.

Repeated behaviour can mean different types of bullying behaviour, but it is behaviour that happens more than once over time. For example, playing a practical joke might be bullying if it is part of a pattern of behaviour that humiliates or pokes fun at one person or group.

Unreasonable behaviour means any action (or, in some cases, inaction) that a reasonable person would see as humiliating, undermining or threatening. Whether behaviour is regarded as unreasonable always depends on the context and will be determined from a balanced point of view. What the workers involved think about what happened is only one factor in determining whether the behaviour was, in fact, ‘unreasonable’.

The primary duty of care to maintain a workplace free from bullying falls with your organisation and its senior management, but reporting and preventing workplace bullying is everyone’s responsibility. This means that you, as far as possible, must work to ensure everyone treats each other with dignity and respect, and that any incidents of bullying are reported promptly and stopped. Up-to-date records should be kept of these incidents.

For more information about workplace bullying, go to the website www dot hreoc dot gov dot au forward slash info underline for underline employers forward slash fact forward slash workplace dot html.

of 70 Identifying types of bullying Some bullying is intentional, with individual or group actions that are designed to humiliate, offend, intimidate or cause distress. Bullying can also be unintentional, when a person doesn’t think about the consequences of what is said or done that offends or hurts the feelings of others. It can sometimes be difficult to tell the difference, as people found to be bullying will often say they were only joking and didn’t mean it.

Even if something was genuinely intended by a person to be a joke, it can still amount to bullying and harassment. So workers and managers need to be careful about joking around and making jokes in the workplace.

Open and direct bullying is usually the easiest form of bullying to identify and manage. Typical examples include: • abusive, insulting or offensive language • spreading misinformation, untrue stories or gossip • yelling or screaming at someone • making nasty comments about a person’s appearance or family • teasing or playing pranks or practical jokes on the same person • hiding or moving a person’s personal property or work equipment.

Bullying can be spoken out loud, in Sign or by just using body language.

Indirect or hidden bullying can be more difficult to manage, because it is harder for a person who feels victimised to identify and report it, and easier for the person responsible to deny. It can occur through an abuse of authority by a manager. Examples include: • setting workloads or deadlines that a person cannot reasonably meet • setting tasks that are unreasonably below or beyond a person’s skill level • excluding a person from normal work or social activities • withholding information or denying access to resources • deliberately changing work arrangements to inconvenience someone.

Bullying can occur outside of work hours and away from the workplace, but still be regarded by the law as something an employer is responsible for. For example, a worker might send abusive text messages to another worker or post abusive social media messages from home. If the employer becomes aware of this and fails to act, then that employer may be liable under the law. If an employer hosts a work party or get-together or sends staff away for a conference, any bullying behaviour by workers in those circumstances may be the responsibility of the employer as well.

So employers need to be vigilant about having and enforcing anti-bullying policies. As a manager, you should also ensure you include anti-bullying and harassment policies in your induction training for all staff when they start work and make sure that you do regular refresher training on the subject.

of 70 Minimising the risk of bullying Creating a workplace that minimises the risk of bullying, and where management can and does act promptly to deal with it, requires paying attention to a mix of factors. These include organisational culture, leadership styles, systems of work, workplace relationships, and the individual workers and managers.

Here are the important contributions you can make to ensure that your workplace treats everyone with dignity and respect. • Hold regular anti-bullying training, from a worker’s induction and then throughout their time with you and your business. • Ensure you have an up-to-date anti-bullying policy that is known by and available to all workers. • Follow your anti-bullying policy, especially the reporting, investigation and resolution processes. You need to be consistent with all reports that come to you about bullying. • Don’t ignore any report or concern about bullying, no matter how big or small you think it is, or how busy you are. You are never too busy to promptly listen to a bullying report and to respond appropriately. • Look for opportunities to raise awareness about unacceptable behaviour and its effects. • Always ensure reports of unacceptable behaviour are dealt with confidentially, fairly and promptly. • Monitor your work group and encourage inclusiveness. Discourage exclusive ‘clubs’ and cliques forming, and look out for employees being excluded or isolated. • Be alert to indications of workplace problems, such as absenteeism, fights, complaints, sick leave or antisocial behaviour. • Promote teamwork and cooperation. • Monitor and review workloads to ensure no-one is being treated unfairly. • Seek regular feedback from staff over workplace concerns. Create opportunities where individuals can talk to you in confidence. • Implement systems to support and protect workers at higher risk of bullying, such as a ‘buddy system’ for new workers. • Provide information and access to support services, both within your organisation and externally.

Creating a workplace anti-bullying policy Every employee should be given a copy of your workplace anti-bullying policy. The policy should contain: • a definition of bullying, with examples of bullying behaviour • a statement that the organisation is committed to identifying and preventing bullying • the standards of appropriate behaviour

of 70 • an outline of a fair and responsive process of reporting, investigating and resolving bullying problems to encourage reporting in the first place (including contact points for reporting) • a list of the consequences for not complying with the policy.

Employers should also invite workers to ask them any questions or raise concerns they have about the policy, and make sure that the information about workplace bullying is accessible. That reduces the risk of a worker later saying they were confused or were not aware about some aspect of the policy.

Implementing a complaints procedure An effective procedure to deal with complaints helps to ensure fairness and consistency. The procedure should be easy to understand and flexible enough to fit the different circumstances of each incident. Employers should explain the procedure to all workers and encourage them to use it.

The complaints procedure should: • be explained in material that is in plain English and in other formats or languages, depending on the communication needs of individual employees • ensure there is no bias (actual or that just appears to be biased) and the entire process is fair, open and well understood • try to resolve the problem as quickly as possible • ensure privacy and confidentiality — that is, only those who genuinely need to know about a complaint should know about it; no part of a complaint should ever be made public across the workplace • provide the option to make a verbal complaint or a written complaint — if the former, ensure the verbal complaint is recorded in writing at the time it is made and read it back to the person to make sure that they agree with the record, and then ask them to sign and date the record • make sure that people are not victimised as a result of lodging a complaint • clearly state the roles of responsible individuals such as managers • have a review or appeal process that workers can easily use if they are not satisfied with the outcome of a complaint • let workers know they can bring a support person with them into any meetings (as long as that person conducts themselves appropriately and is not part of the complaint itself) • identify external dispute resolution or appeal avenues available to workers where complaints have not been resolved internally. In particular:

The Complaints Resolution and Referral Service (CRRS) www dot crrs dot org dot au

Phone: 1800 880 052 Email: [email protected] and the Abuse and Neglect Hotline (ANH) www dot disabilityhotline dot org

Phone: 1800 880 052 Email: [email protected]

of 70 In practice 1. Treat all matters seriously. Assess all reports of bullying and other abuse in the workplace individually, on their merits and the facts. Gather as much relevant information about what happened as you can, but bear in mind your responsibilities around privacy and confidentiality. If in doubt, ask the worker making the complaint for permission to raise it with the particular people you need to discuss it with. 2. Act promptly. Deal with all reports quickly, politely and fairly. All those involved should be told how long it will take to deal with a complaint; or at least, an estimate. They should be kept informed of the progress, advised if more time is needed to investigate or resolve a complaint and told the reasons for any delay. The worst thing you can do is to leave the complainant uninformed about the progress of the complaint. 3. Do not victimise. The person making the complaint should not be treated any less favourably in the workplace by managers or co-workers because they made a complaint. The person accused and any witnesses should also be protected from victimisation. 4. Support all parties. When a complaint is made, the workers involved should be told what support is available to them, such as a workplace delegate or union representative, and allowed to have a support person with them at any interviews or meetings, such as a health and safety representative, family or friend. The support person must, of course, conduct themselves appropriately in interviews and meetings, and should not be part of the complaint itself. 5. Be fair and neutral. The person in charge of an investigation or resolution process should be impartial and must not have been directly involved in the incident or be seen to favour any side. 6. Communicate. Everyone involved should be informed of the process, what will happen during the process and how long it will take. They should be provided with clear reasons for any decisions made and actions taken. If there is any delay, everyone involved should be informed of it as soon as you know about the delay. 7. Maintain confidentiality. The process should respect the privacy, confidentiality and reputation of all those involved. Details of the situation should only be known by those directly concerned and who need to know. 8. Keep records. Documentation is important to any investigation. A record should be made of all meetings and interviews, detailing who was present, the circumstances and the agreed outcomes. Usually it is a good idea to provide a copy of any notes or meeting minutes to everyone who attended a meeting or interview.

6.2 Identifying harassment and discrimination Harassment involves intimidating, offensive or humiliating behaviour directed towards a person. If that harassment is directed at a particular personal characteristic such as race, age or gender, then that harassment may be unlawful under federal, state or territory anti- discrimination laws. The most common form of this type of unlawful harassment is sexual harassment. Sexual harassment involves any unwelcome sexual behaviour that makes a person feel offended or humiliated.

Unlawful discrimination involves the less favourable treatment of a person based on a personal characteristic, such as race, age, religion (in some states and territories only), disability, marital status, criminal record, gender, political beliefs or sexual orientation.

It is also unlawful for an employer to discriminate against an employee for being a member of a union and participating in lawful union activities or industrial action.

of 70 The lines between bullying, unlawful discrimination and harassment can be blurry. A worker can be bullied, unlawfully harassed and discriminated against all at the same time.

Discrimination and harassment are dealt with separately under anti-discrimination, industrial and human rights laws. Unlike bullying, which must be repeated behaviour, unlawful harassment and discrimination: • may be constituted by a one-off incident • must be on the basis of some characteristic of the person claiming harassment or discrimination.

The Fair Work Act 2009 (Cwlth) prohibits an employer from discriminating against a person who is an employee or prospective employee on any basis that is unlawful under anti- discrimination legislation. So, in some cases, a worker might have rights under both the Fair Work Act and anti-discrimination legislation.

Raising legitimate work health and safety concerns is a workplace right under the Fair Work Act. Work Health and Safety laws include protection against discrimination for anyone raising health and safety concerns or performing legitimate safety-related functions. The Fair Work Act also protects workers who are discriminated against when they raise work health and safety concerns with their employers.

Inquiries and complaints about harassment and discrimination can be made to the Australian Human Rights Commission, state and territory anti-discrimination agencies and to Fair Work Australia.

These organisations investigate complaints of workplace discrimination or harassment that are based on a person’s sex, age, race, sexual preference, criminal record, trade union activity, political opinion, religion (in some states and territories only), social origin and disability.

An information sheet on these complaints (except for discrimination based on sex, age, race and disability, which have their own web pages) can be found at www dot hreoc dot gov dot au forward slash complaints underline information forward slash infosheet underline guide underline AHRCA underline ILO dot html.

More information about sex discrimination can be found at www dot hreoc dot gov dot au forward slash complaints underline information forward slash SDA underline complaints dot html.

More information about age discrimination can be found at www dot hreoc dot gov dot au forward slash complaints underline information forward slash ADA underline complaints dot html.

More information about race discrimination can be found at www dot hreoc dot gov dot au forward slash racial underline discrimination forward slash index dot html.

More information about discrimination based on disability can be found at www dot hreoc dot gov dot au forward slash complaints underline information forward slash DDA underline complaints dot html.

of 70 Disability is defined very broadly in the legislation as:

Temporary and permanent disabilities; physical, intellectual, sensory and psychiatric disabilities, diseases or illnesses; medical conditions; work-related injuries; past, present and future disabilities; and association with a person with a disability. — Disability Discrimination Act 1992 (Cwlth)

There are time limits on when a person can make a discrimination or harassment complaint to one of these bodies (commonly 12 months from the alleged incident). If workers think they may have been unlawfully discriminated against or harassed, they should seek legal advice as soon as possible. For more information about the complaint process, have a look at the Australian Human Rights Commission’s website at www dot hreoc dot gov dot au.

In practice • Understand the difference between harassment and discrimination, and familiarise yourself with the different forms of discrimination. • Remember that workers may have rights regarding discrimination under the Fair Work Act as well as anti-discrimination legislation, and that Work Health and Safety laws include protection against discrimination for raising health and safety concerns. • Make sure you know how to make a complaint about harassment or discrimination through the Human Rights Commission, state and territory anti-discrimination agencies and Fair Work Australia, and be able to explain the process to your workers. • Remember that there is usually a 12-month time limit on when someone can make a discrimination or harassment complaint.

6.3 Defining abuse and neglect People with disability are more likely than others to be victims of violence, fraud and sexual assault. They are also more likely to experience multiple episodes of all forms of abuse and neglect. For this reason, the Disability Services Standards emphasise the need for supported employment services to give extra attention to keeping employees safe from all forms of abuse and neglect.

Cases of abuse and neglect contravene human rights and may also give rise to criminal charges for individuals and civil negligence claims against employers.

The National Disability Abuse and Neglect Hotline is an Australia-wide telephone hotline for reporting abuse and neglect of people with disability. The service works with callers to find appropriate ways of dealing with these reports.

For further information, call 1800 880 052 between 8 am and 8 pm seven days a week, email [email protected] or visit the hotline’s website at http colon forward slash forward slash disabilityhotline dot org.

As a manager, you need to be alert to the potential occurrence of all of the following forms of abuse and neglect and take positive steps to reduce the risk of it happening.

of 70 • Physical abuse is any non-accidental physical contact or injury. This includes inflicting pain of any sort or causing bruises, fractures, burns, electric shock or any unpleasant sensation. The law considers any touching without a person’s consent (but not in an emergency situation) to be assault. • Sexual abuse is any sexual contact between an adult and a child 16 years of age or younger, or with an adult who is unable to understand the sexual nature of the contact, has not given or cannot give consent (due to a lack of cognitive capacity), or is threatened, coerced or forced to engage in sexual behaviour. This form of abuse is very serious and is likely to result in serious criminal charges being laid against the perpetrator. Such charges, if proven, commonly result in prison terms. • Psychological or emotional abuse includes verbal abuse, threats of maltreatment, actual harassment, humiliation or intimidation of a person, or ignoring or neglecting a person. It may also include denying cultural or religious needs and preferences. This type of abuse may be unintentional; so, an employer needs to be alert and be willing to take action to monitor the health, safety and welfare of all workers. • Constraints and restriction refers to restraining or isolating a person for reasons other than medical necessity, emergency, to prevent self-harm or to comply with a restraining order. • Financial abuse is the improper use of a person’s assets, or the use or withholding of a person’s resources. If any of your workers have a financial management arrangement through formal guardianship, you need to be aware of it. • Legal or civil abuse refers to denying access to justice or legal systems that are available to other citizens. This is often achieved by threats that cause a person to keep silent and not complain. • Systemic abuse is the failure of an organisation, often through well-established processes and policies, to recognise that these systems and processes discriminate against a particular group or individual. Sometimes this can be an unintended result of a process or policy that protects the interests of other groups or individuals, or an organisation. However, it is the result of the process or policy, not its intention, that is important when you are deciding if there is abuse or neglect. • Physical or passive neglect is the failure (intentional or not) to provide adequate food, shelter, clothing, protection, supervision, or medical or dental care. It also includes exposing a person to increased risk, unsafe environments or unsafe practices. • Emotional neglect is the failure to provide the human interaction or stimulation needed for social, intellectual and emotional growth and wellbeing.

If you suspect or become aware of a case of abuse or neglect, or someone makes a complaint of abuse or neglect to you, you should act immediately to document it and bring it to the attention of the appropriate officers in your organisation. It should then be immediately investigated.

Any allegation of physical or sexual abuse, in particular, is a potential criminal matter. You should immediately notify your senior managers so they can take action. In addition to promptly reacting to instances of abuse or neglect, you should also take positive steps to prevent or reduce the risk of any abuse or neglect in your workplace.

In practice

of 70 • Be especially alert to the potential for your workers to be subjected to any form of abuse or neglect, and take steps to reduce the risk of it happening. • Be aware of the different forms of abuse and neglect. • Make sure your workers understand that they should report any form of abuse or neglect to you or to senior management, or contact the National Disability and Abuse and Neglect Hotline. • Act immediately if you suspect or become aware of a case of abuse or neglect, or if someone makes a complaint of abuse or neglect to you, by documenting it and bringing it to the attention of the appropriate officers in your organisation. • Remember that any allegation of abuse is potentially a criminal matter; failing to inform the appropriate authorities may also lead to criminal charges.

• If there is a serious problem, you may wish to access the Abuse and Neglect Hotline (ANH) at www.disabilityhotline.org Phone: 1800 880 052 Email: [email protected]

of 70 7 UNDERSTANDING PAY AND ENTITLEMENTS As a manager, you should be ready to provide all the essential information an employee is entitled to know about their pay, entitlements and other working conditions. You should also be ready to answer any questions an employee might ask, or know where to go to find out the answer.

7.1 Understanding the background of the Fair Work system The Australian workplace relations system changed to the Fair Work system on 1 January 2010. This means that the Fair Work Act 2009 (Cwlth) and its associated laws cover all workplaces in the national workplace relations system. Most workplaces in Australia are part of this system, including disability enterprises.

The new Fair Work system introduced the National Employment Standards, moved most employers that were in state or territory systems over to the national system and introduced 122 modern awards to replace more than 2000 different state and territory awards. The new system also saw workplace rules that protect workers, like unfair dismissal protections, simplified and streamlined.

In Queensland, New South Wales, South Australia and Tasmania, all private sector workplaces are part of the national system. State and local government workplaces in those states are still in the state system, although they have handed over some responsibilities for workplace relations to the federal government. A significant proportion of Western Australian workplaces also remain in the state system. Other states and territories are now within the national system.

In practice • Get to know the National Employment Standards. • Ensure that you understand your state and local government workplace systems as they relate to your own employees’ employment rights.

7.2 Getting to know the system In general, the wages, entitlements and conditions for each employee are covered by two key documents.

• The National Employment Standards set minimum conditions for every worker in Australia in the national workplace relations system. • An award sets industry-wide wage rates, entitlements and conditions. Traditionally this was done at a state or federal level by an industrial relations authority, usually a commission at state level. On 1 January 2010, when the Fair Work scheme began, modern awards replaced most federal and state awards, now known as ‘pre-modern awards’. Fair Work Australia is the body that sets modern awards. Modern awards have introduced changes to minimum terms and conditions for many employees. These changes vary by state and territory, industry and employer.

of 70 A modern award covers all employers and employees who perform work in an industry or occupation covered by that particular award. The modern award most relevant to disability enterprises is the Supported Employment Services Award 2010.

In addition to the National Employment Standards and industry awards, three other documents may be relevant to your organisation. • Enterprise agreements are made by an employer with a group of employees, or by more than one employer with groups of employees. Such agreements permit changes of wage rates, and some conditions and entitlements for workers to suit the employer and the worker. Normally unions are involved in supporting workers in the bargaining process to reach an enterprise agreement. Enterprise agreements are becoming less common because of changes to the law in recent years. Such agreements are not common in disability enterprises. • A contract of employment allows changes to wage rates, conditions and entitlements to meet the needs of a business and a worker. In disability enterprises, individual contracts of employment are likely to be in place only for executive and managerial employees. • A wage assessment tool determines what percentage of the award rate of pay is paid to a worker with a disability, based on productivity, knowledge of work health and safety, competency and other factors. A range of wage assessment tools have been included in the Supported Employment Services (SES) Award 2010.

It is important that you know: • what award, wage assessment tool and any other agreement that may apply to workers in your workplace • how the National Employment Standards, awards, wage assessment tools and any other workplace agreements interact to determine wages, conditions and entitlements for each worker • where copies of these industrial rules can be found and how workers can access them.

National Employment Standards The National Employment Standards set out the minimum conditions of employment for all workers, including: • maximum weekly hours • requests for flexible working arrangements • parental leave and related entitlements • annual leave • personal leave (sick leave or paid carer’s leave) and compassionate leave • community service leave • long-service leave • public holidays • notice of termination and redundancy pay.

of 70 In addition to these conditions, the standards also require an employer to give all new employees a Fair Work Information Statement. This statement contains information about: • the National Employment Standards • what an award is and how it applies to the workplace • what rights the employee has to individual flexibility arrangements • the rules that apply to termination of employment • the right to freedom of association; that is, the right to join a union • the right of a union representative to enter the workplace on an employee’s behalf • how agreements are made under the Fair Work Act • the roles of Fair Work Australia and the Fair Work Ombudsman.

For more information and fact sheets about the National Employment Standards, go to www dot fairwork dot gov dot au forward slash employment forward slash national dash employment dash standards. For a copy of the Fair Work Information Statement, go to www dot fairwork dot gov dot au forward slash employment forward slash fair dash work dash information dash statement.

Fair Work Australia is the national workplace relations tribunal. It sets minimum conditions and wages through awards. It also regulates enterprise agreements, hears complaints about unfair dismissal by an employer, and considers disputes about work conditions and entitlements. It usually tries to resolve complaints and disputes by conciliation and mediation. However, if this fails, it can make enforceable orders and issue penalties.

In general, Fair Work Australia can assist in resolving disputes between employers, employees, unions and employer associations, as long as they are covered by the national workplace relations system. These include: • any employer that is a constitutional corporation • any employer in Victoria or the territories • the Commonwealth (including any Commonwealth authority) • any employee of one of the above types of employers • a registered union or employer organisation.

For more information, go to www dot fwa dot gov dot au.

The Fair Work Ombudsman provides information about Australia’s workplace relations system and investigates complaints or suspected contraventions of workplace laws, awards and agreements. Like Fair Work Australia, the ombudsman uses conciliation and mediation to try to resolve complaints. For more information go to www dot fairwork dot gov dot au.

A modern award sets minimum conditions, wages and entitlements for workers in the same industry. These conditions typically include: • consultation and dispute resolution

of 70 • types of employment (full-time, part-time and casual) • termination of employment • minimum wages and related matters (allowances, accident pay, superannuation) • hours of work and related matters (ordinary hours, overtime and penalty rates) • leave and public holidays.

In practice • Check with your senior management if you are unable to answer any of your employees’ questions about their employment rights. • If you are still unsure, work with your management to check the Fair Work Ombudsman website to find out the information you need.

7.3 Checking the details The Fair Work Act makes it clear that no modern award, enterprise agreement or other contract of employment can exclude all or any part of the National Employment Standards. In other words, they cannot have conditions and entitlements that are less favourable than the National Employment Standards. Failing to meet the National Employment Standards can result in penalties to employers of up to $6600 for individuals and $33,000 for corporations.

The Supported Employment Services Award 2010 applies to most workers in disability enterprises. However, it is important you always check carefully, for each worker, to ensure they are being given their correct wages, conditions and entitlements.

Along with pay rates, the award lists the authorised wage assessment tools the employer may use to determine what percentage of those pay rates are paid to individual employees with disability.

You should provide your employees with access to any award that applies to them and any wage assessment tool that applies to them. You should also provide a summary of an applicable award’s conditions and the process for using the wage assessment tool to determine an employee’s wage rate.

For further information on the Supported Employment Services Award 2010 and the award system, go to the website of Fair Work Australia at www dot fwa dot gov dot au forward slash index dot cfm question mark pagename equals awardsfind ampersand norightcol.

In practice • It is essential that you, as a manager, explain both the award and the wage assessment process to each employee. • Work with your management to produce clear documents and communication tools for your employees so that they can understand how their wages are calculated. • Make sure that you clearly understand how the wages are calculated, so that you can answer your employees’ questions (or those of carers and guardians).

of 70 7.4 Understanding the funding and obligations of ADEs Most, if not all, disability enterprises receive Australian government funding. The Australian government requires all disability enterprises that receive funding to comply with an independent quality assurance system, known as the Quality Strategy for Disability Employment and Rehabilitation Services. This is in accordance with the Disability Services Act 1986 (Cwlth).

This strategy has a number of objectives, including to ensure a service meets, as a minimum, the Disability Services Standards and to assist a service to continuously review and improve the services it delivers. These standards are published as the Disability Services Standards (FaHCSIA), 2007. A funded service must comply with the standards and be assessed through its key performance indicators.

The bottom line is that all employees have the right to know their rights and entitlements to pay and work conditions. An employee or employer with a question about workplace rights and responsibilities can find the information on the Fair Work Ombudsman website. The Fair Work Ombudsman’s role includes promoting harmonious, productive and cooperative workplace relations and ensuring compliance with Commonwealth workplace laws. The services of the Fair Work Ombudsman are free to all workers and employers in Australia. You can access the website at www dot fairwork dot gov dot au.

In practice • For more information about funding, the Quality Strategy for Disability Employment and Rehabilitation Services, and the Disability Services Standards, see, for managers, www dot fahcsia dot gov dot au forward slash sa forward slash disability forward slash pubs forward slash employers forward slash quality underline assurance forward slash Pages forward slash default dot aspx. • For information for employees, go to www dot fahcsia dot gov dot au forward slash sa forward slash disability forward slash pubs forward slash employers forward slash Pages forward slash easy underline read underline symbol dot aspx.

7.5 Checking what every employee (and manager) should know The Fair Work Information Statement must be given to each new employee before, or as soon as possible after, the employee starts work. The statement includes information on such things as termination of employment, redundancy, minimum wages, hours of work, leave and public holidays.

The right for new employees to receive the Fair Work Information Statement is one of the ten minimum standards that apply to employees.

The statement is available in PDF and Word formats and can be downloaded for emailing or printing from the Fair Work Ombudsman website at www dot fairwork dot gov dot au forward slash employment forward slash fair dash work dash information dash statement. Also on that website you will find a list of fact sheets that give further information about the statement as well as conditions of employment, which you may find useful. Just click the link at the bottom of the page.

of 70 An important aspect of employment at an ADE is understanding how pay and entitlements are calculated.

How pay is calculated Every employee has the right to know how their wage assessment works, including: • how they are assessed • what they are assessed on • when they will be assessed • what training they will get before being assessed • what they can do to increase their wage • what training they can get after their assessment • when they will be assessed again • what appeal and review rights they have following an assessment.

Employees should be told if they have a right to any allowances, in addition to their standard wage, such as a: • first-aid allowance, if they are appointed as a first-aid officer • meal allowance, which might apply if they are required to work past 6 pm or overtime continues beyond 10 pm • laundry allowance, if they are required to perform dirty work and their employer does not provide and launder a uniform • special and protective clothing, if they are required to buy their own special and/or protective clothing • toilet cleaning allowance, if they spend a large part of their shift cleaning toilets • leading hand allowance, if they are in charge of at least three other employees.

Hours Every employee has the right to know: • how many hours they must work each day and each week; the Supported Employment Services Award 2010 sets the weekly maximum at 38 hours and the maximum shift at 10 hours • what time they are expected to start and what time they can leave; normal work hours for supported employees are between 8.30 am and 5.00 pm, Monday to Friday • how long is allowed for lunch; the award allows at least 30 minutes unpaid lunch break, not later than five hours after starting work, unless otherwise agreed, as well as one paid tea break of 15 minutes in the morning • whether they or their employer can ask to vary their work hours • when they will be paid for overtime.

You must inform all employees in writing of the terms of their employment and, in particular, whether they are to be full-time, part-time or casual. The Supported Employment Services

of 70 Award 2010 covers the full range of employee types — full-time, part-time and casual — working in disability enterprises.

If part-time, the employer and employee must agree in writing to a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day. They may agree to vary this regular pattern of work, but any variation of the agreement must be in writing.

If casual, employees must be paid an additional loading of 25 per cent of the hourly rate as a substitute for paid leave, sick leave and public holidays (unless they work on public holidays, in which case they are paid the agreed rate). All other payments such as shift penalties and overtime are calculated on the loading rate. Casual employees are entitled to a minimum shift payment for three hours, even if they are asked to work less.

Leave entitlements All employees have the right to know how their leave entitlements work, including the following.

Public Holidays The National Employment Standards state that every employee is entitled to eight common public holidays (listed here) as well as any other day or part-day declared as a public holiday in their state or territory. • New Year’s Day (1 January) • Australia Day (26 January) • Good Friday • Easter Monday • Anzac Day (25 April ) • Queen’s birthday holiday (celebrated on different dates in different states and territories) • Christmas Day (25 December) • Boxing Day (26 December)

Because different states and territories have their own public holidays, workers in New South Wales, Queensland and Victoria get 12 public holidays a year; workers in the Northern Territory, South Australia, Tasmania and Western Australia get 13 public holidays and workers in the Australian Capital Territory getting 14.

An award or enterprise agreement may allow work on public holidays in exchange for having other days or part-days off. The same agreement can be made between an employer and an individual employee, as long as the employee is not forced or pressured into working on a public holiday.

Annual leave The National Employment Standards guarantee full-time employees four weeks of paid annual leave for each year of service. Leave for part-time workers is calculated according to the hours worked. So, for example, a half-time worker would receive two weeks of paid annual leave.

of 70 In addition to the leave payment provided for in the National Employment Standards, the Supported Employment Services Award requires an employer to pay a 17.5 per cent annual leave loading, which is calculated on the basis of the employee’s agreed annual salary. It does not take into account extra pay that may have been received as overtime.

Casual employees are not entitled to annual leave but receive a 25 per cent loading on the standard hourly rate, which is paid as compensation for this and other benefits they do not qualify for.

For more information, see the fact sheet, ‘Annual Leave and the National Employment Standards’, on the Fair Work Ombudsman website.

Sick leave The National Employment Standards guarantee full-time employees a minimum of ten days of paid personal leave (for sick leave and paid carer’s leave) each year. Part-time employees receive sick leave based on the number of hours they work. Your workplace might include additional days at full or reduced pay, according to an award variation or workplace agreement.

Most workplaces require a medical certificate from an employee for more than two consecutive days on sick leave. However, the nature of the illness is private information, and should not be specified in the certificate.

For more information, see the fact sheet, ‘Personal carers leave and compassionate leave and the National Employment Standards’, on the Fair Work Ombudsman website.

Compassionate leave All employees (including casual employees) are entitled to two days each year of compassionate leave to spend time with a member of their immediate family or household who is seriously ill or injured. Compassionate leave may also be taken after the death of a family member or household member.

For more information, see the fact sheet, ‘Personal Carers Leave and Compassionate Leave and the National Employment Standards’, on the Fair Work Ombudsman website.

Parental leave The National Employment Standards guarantee up to 12 months of unpaid parental leave per employee, plus the right to request an extra 12 months of unpaid leave, as well as other forms of maternity, paternity and adoption-related leave.

Casual workers who have been employed on a regular basis for at least 12 months are also entitled to parental leave if they would have reasonably expected to continue working had it not been for the birth or adoption of a child.

The National Employment Standards also guarantee that any employee caring for a child under school age, or a child under 18 with a disability, is also entitled to request changes to working arrangements to assist with caring for the child.

You should note that federal, state and territory anti-discrimination laws may require more than the basic guarantee under this part of the National Employment Standards. This means

of 70 that you may need to provide more leave for workers who have carer responsibilities for children or for people with disability.

For more information on parental leave, see the fact sheet, ‘Parental Leave and Related Entitlements and the National Employment Standards’, on the Fair Work Ombudsman website.

For more information on more flexible arrangements, see the fact sheet, ‘Requests for Flexible Working Arrangements and the National Employment Standards’, on the Fair Work Ombudsman website.

Leave without pay Sometimes it may be appropriate to agree to give a worker leave without pay in special circumstances. This could include, for example, going to see a doctor if they have used all their paid sick leave or compassionate leave.

Long-service leave Guidelines for long service leave are not set in new awards. What applies in your workplace is determined by previous arrangements or your workplace agreement.

Superannuation Employees with disability generally have the same superannuation entitlements as other workers. However, if an employee is paid less than $450 a month under an approved wage assessment tool, the minimum employer contribution is 3 per cent of the employee’s ordinary time earnings, or $6 a week, whichever is higher.

Other employee rights remain the same: • All employees have the right to choose their own superannuation fund. If employees do not choose their own fund, any superannuation fund nominated in the award or workplace agreement applies. You should let employees know they can choose their own superannuation fund. • All employees have the right to increase the amount paid into their superannuation fund through their own voluntary contributions, where employees authorise the employer to pay money from their salary into the nominated superannuation fund. • Casual workers have the right to employer contributions to superannuation.

Pay slips Your workplace must issue pay slips to each employee within one working day of their pay day, even if a worker is on leave. These should be written in plain English, and be given in a form that the workers understand. The workplace must issue pay slips to workers securely and confidentially and ensure that workers can access and print their pay slips in private. For example, it would be wrong to issue an electronic pay slip to a worker who doesn't have access to a computer.

Fair Work inspectors can issue employers an infringement notice for failing to meet pay slip and record-keeping requirements.

The employee’s pay slip must include:

of 70 • the name of the employer and workplace • the Australian Business Number (ABN) of the employer • the employee’s name • the date of payment • the pay period (for example, 24/11/12 to 30/11/12) • the hourly rate of pay, or the annual salary • the total amount of pay • the tax paid to the government (called PAYG) • the amount of take home pay • any other payments (for example, leave loadings, allowances or other payments in addition to normal pay) • superannuation contributions paid by the workplace (including the amount and the fund to which it was paid) • any money taken out of the employee's pay, including for superannuation (with the amount and details).

In practice • Make sure that you provide the Fair Work Information Statement as part of the induction process for a new employee. • Work with your management to produce clear documents and communication tools for your employees so that they can understand the Fair Work Information Statement. • Make sure that you understand employee entitlements so that you can answer questions for your employees and give them the opportunity to make informed choices.

of 70 8 SOLVING PROBLEMS Identifying and resolving problems is an important part of being an effective manager.

Problems, conflicts and complaints can arise between two individuals, between an individual and the work group, between an individual and the manager, or between the work group and the manager. Some conflicts are purely about personalities. Other problems are due to poor performance or behaviour. Some concerns are due to how workplace decisions are made.

Take time to understand your policies and procedures for addressing conflicts and complaints, as they are part of meeting important obligations as a supported employment service and as an employer. These include: • encouraging workers to raise complaints as an essential part of your organisation’s culture of service • ensuring genuine and independent consultation with workers and feedback from them over issues that affect them, both as individuals and as a group • creating a climate of respect and cooperation, where employees feel comfortable to express concerns and make suggestions to improve the workplace • addressing issues promptly, asking for feedback and trying to solve problems with the individual or group.

These policies and procedures should be part of your organisation’s risk management strategy. They are particularly important for anything that is a risk to health and safety or could develop into industrial, disciplinary or legal action.

The Disability Services Standards require your organisation to handle and resolve complaints effectively, using well-defined policies and procedures to meet the standards.

Work health and safety (WH&S) laws and regulations require consultation with workers about health and safety issues. They also require a workplace to offer its workers the opportunity to participate in its management of work health and safety as health and safety representatives. A clear procedure to resolve any disputes about the management of work heath and safety risks must be in place.

Industrial relations laws require consultation with workers about any major changes that will significantly affect them. These include job losses or changes, changes to the workforce, changes to work hours or transfer to another location, including any retraining needed.

Your workplace must have procedures to resolve any disputes that arise about pay and other conditions set out by an industrial award, enterprise agreement or other workplace agreement.

Industrial relations laws also require you to follow rigorous procedures when dealing with any performance or behaviour problems that could result in an employee being fired. If it is likely that employees will exhibit challenging behaviours, your employer should offer appropriate

of 70 training and support to you and those employees to deal effectively with any problems that arise.

Sometimes workers can resolve matters informally between themselves without formal intervention or assistance. However, an employer should always make it clear that all problems or matters that arise between workers can be resolved with its assistance in a fair and independent way.

8.1 Setting rules and boundaries Rules should be easy to understand and be applied fairly.

A code of conduct enables employees to know exactly what is expected of them and the possible consequences if they break the rules.

A complaints policy gives employees information about how to complain if they are unhappy and that lets them know that their complaints will be taken seriously.

A dispute resolution procedure provides a formal pathway for employees to talk about and resolve workplace problems, complaints or disputes, and to appeal outcomes or decisions made.

If an employee has a complaint about the workplace that they feel they cannot resolve with the workplace itself, they can access the Complaints Resolution and Referral Service (CRRS). CRRS is an independent service that receives complaints about disability employment and advocacy funded by the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) under the Disability Services Act. This includes Australian Disability Enterprises (ADE). For more information, call the CRRS on 1800 880 052 or go to www dot crrs dot org dot au .

In practice • Check that your workplace has a code of conduct, a complaints policy and a dispute resolution procedure in place. • Make sure you thoroughly understand the code, the complaints policy and the resolution procedure. • Make these documents available to your employees in a form that they can easily follow.

8.2 Creating a code of conduct A code of conduct should cover all aspects of appropriate behaviour. It should include clear statements about the need to respect others and that any form of verbal, physical, sexual or emotional abuse, threats or harassment is not acceptable and will result in disciplinary action.

Important areas to cover include: • Punctuality: Employees need to stick to their agreed hours of work and take only the agreed breaks during their shift. If an employee has difficulty meeting these expectations, find out why. You might be able to work out a solution.

of 70 • Language: Agree on what words and subjects are acceptable to use or talk about at work. • Work clothes: Make clear what clothing is acceptable and what clothing is necessary. This might include a uniform or protective clothing such as non-slip shoes, overalls and safety vests. • Being clean and tidy: Set a minimum standard of personal hygiene (including clean clothes) and procedures to keep the workplace clean and tidy. Each employee should understand the need to keep the workplace clean, healthy and safe for everyone. • Being cooperative: Following directions is important to meet work goals and to keep the workplace healthy and safe. • Health and safety obligations: Employees must understand their obligation to follow all work health and safety rules and instructions, and to keep themselves and others safe. • Respecting personal boundaries: Workplace rules must be clear about what is appropriate socialising and the need to respect other people’s personal space and feelings. This should include SMS and text messaging, and the appropriate use of social media sites. • Use of phones and computers: Set out what is acceptable use of work phones and computers, including using the internet and email. Every employee should also have easy-to-follow instructions about what to do if they are sent an inappropriate or unwanted email. • Leave process: State clearly what is required when a person needs to stay home because they are sick or wants to take a day off for another reason. All employees should also understand when they are allowed to take annual leave and how much notice they must give the manager. • Smoking and other drugs: The workplace rules need to be clear about smoking, or taking or being under the influence of alcohol or illegal drugs.

In practice • Check that the code of conduct for your workplace includes the important areas outlined here. • Consider whether other aspects of your workplace policies and procedures should be included in the code and discuss these with senior managers. • Make sure the code is available to your employees in a form that they can easily follow.

8.3 Dealing with complaints Receiving and resolving complaints are a normal part of managing a workplace. You must deal with each situation individually, and they should be consistent with your organisation’s policies and procedures.

How you manage complaints can make the difference between resolving an issue in a way that the problem and its causes have been addressed to everyone’s satisfaction and a situation escalating to become a serious and ongoing issue.

Dealing with complaints is a part of exercising your duty of care and managing risks at your workplace, but it can also make the difference between a harmonious and safe workplace,

of 70 and one that is difficult to manage. The processes described here are a guide to an overall approach to effectively deal with complaints.

In practice 1. Encourage. Employees should be encouraged to raise complaints about any aspect of their work or workplace. • Provide an easy-to-understand complaints policy with a step-by-step guide to the complaint process. • Promote the complaints policy and procedure in newsletters, posters and pamphlets, and through staff meetings and other information sessions. • Provide information in accessible formats, including different languages. • Offer assistance to make complaints. • Provide different ways to raise complaints, including verbally and through easy-to- follow forms. • Ensure the contact details of those people who receive and deal with complaints in the workplace are known and promoted. • Provide information on independent advocacy services or advocates who employees can contact for assistance. 2. Reassure. Employees should be reassured that they can raise any complaint or concern without fear of punishment or negative responses from managers or other workers. • Provide a statement about complaints being handled honestly, fairly and without bias, stressing that employees will not be seen or treated negatively for making a complaint or raising a concern. • Protect the privacy and confidentiality of those involved. Seek permission from the person making a complaint if it is necessary to discuss the complaint with others. Only those who need to know about a complaint should be involved in its investigation and resolution. • Make sure that there is no negative treatment of the person who raises a complaint – sometimes referred to as victimisation. • Seek feedback about the workplace, including anonymous feedback, through things like suggestion boxes and surveys. • Provide contact details for advocacy and other support services throughout the complaint process. Remind people who raise complaints that they can bring a support person with them to interviews and meetings. 3. Resolve. Complaints and disputes should be dealt with and resolved promptly. • Undertake to handle complaints promptly and provide firm dates for completing each stage of the process. • Keep the person making a complaint, and others involved, informed of progress. Let them know of any delays and the reasons why. • If it is practical and the parties agree, allow the employees involved to participate in the process of resolving the matter.

of 70 • Make sure that your investigation of the complaint is thorough and fair. Don’t just rely on one person’s version of events, without considering other people’s versions. • Inform the person who made the complaint of your findings and what action you intend to take. • Make sure that you make your notes immediately and keep clear and complete records about a complaint and the resolution process, including file notes of discussions, telephone calls and meetings. • After the complaint has been dealt with, schedule a follow-up meeting with the person who made the complaint to make sure the issue has been dealt with adequately. 4. Review and appeal. Decisions need to have a review or appeal process if they are not resolved to everyone’s satisfaction. • Provide information on how to appeal or request a review of a decision that has been made, and the process for resolving disputes. • Provide contact details of external services that can provide review or appeal of a decision, if needed, when a complaint is unresolved, or an employee is unhappy with the outcome.

8.4 Dealing with challenging behaviour Challenging behaviour is any behaviour that disturbs other workers or interferes with their work. Common examples are: • aggressive behaviour, such as biting, scratching, hitting, pinching, grabbing, hair-pulling, throwing, name-calling, swearing, shouting and spitting • self-harming behaviour, such as cutting, burning, biting and hitting • typical behaviour as a result of certain conditions, including rocking, repeated speech or repeated actions • socially inappropriate behaviour, including damaging property, stealing, sexualised actions or touching, temper tantrums, withdrawal and unsafe behaviour.

It is important to not make assumptions about challenging behaviour, particularly negative assumptions such as that a person is being difficult, seeking attention or being naughty. There are many possible reasons for challenging behaviour, including: • unrecognised pain or discomfort • medical conditions and medication • disability-specific conditions • unsettling or upsetting changes to the workplace, routine or staff members • personal problems • misunderstandings and other communication issues.

It is important, whenever challenging behaviour occurs, to ask questions and determine the reasons for each incident of inappropriate behaviour. Only then can you work to resolve the

of 70 problem and minimise the chance of challenging behaviour breaking out again. Questions to ask include: • What happened before the incident? • How did others respond, and did this result in making the situation better or worse? • What factors might have been a part of the behaviour, such as other people being in a certain place or doing a particular activity? • What are the possible medical factors linked to a particular type of behaviour? Is a person’s disability or medication an issue? • Can adjustments or supports be put in place in the workplace to resolve the problem? For example, separating workers from working next to each other, developing and using behaviour management plans, or more regular breaks for particular workers. • Are there others, such as a worker’s family or guardian, or occupational therapists, to consult with about appropriate steps to take to resolve the problem?

No problem or case of challenging behaviour is the same. You should deal with each episode individually. You should also think about what adjustments, changes or support the employer can make to help the situation. If you need extra guidance or training, talk to your workplace trainers or human resources managers for advice.

In practice • If challenging behaviour is evident, find out the possible causes by tactfully discussing the situation with the person involved, as well as family members, guardians or carers. • Make sure the behaviour is not adversely affecting the person’s co-workers. • Talk to your senior managers if you think you need extra guidance or training.

8.5 Deciding on disciplinary action In some circumstances, behaviour that breaks the workplace code of conduct or other policies might require disciplinary action. This could include counselling, a formal warning, temporary suspension from work or, in extreme cases, dismissal.

You need to use your judgement, and seek the advice of others, to decide if an action or actions require disciplinary intervention. You should also: • include in your policies guidelines on appropriate disciplinary responses for particular conduct, so that you are consistent and transparent in how you handle complaints • document and record every step in the disciplinary process and give those being disciplined the opportunity to give their side of the story • provide an appeal pathway to the person disciplined so that they can have the decision reviewed.

There are specific legal requirements in such circumstances and you should seek advice on how to best follow your organisation’s disciplinary procedures. It is particularly important to understand that the principles of using the proper process and fairness must be observed, and be seen to be observed, when considering any possible disciplinary action.

of 70 In practice • Consider carefully the nature of the behaviour that could require disciplinary action and what level or type of discipline is appropriate and fair. • Keep records of incidents where the workplace code of conduct or other policies have been broken. • Consult your senior managers on your decisions before implementing them

of 70 9 FINDING MORE INFORMATION Organisations that can help if you have a problem at your workplace. Complaints Resolution and Referral Service (CRRS) Website: www dot crrs dot org dot au Phone: 1800 880 052 Email: [email protected]

National Disability Abuse and Neglect Hotline (ANH) Website: http colon forward slash forward slash disabilityhotline dot org Phone: 1800 880 052 Email: [email protected]

Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) Website: www dot fahcsia dot gov dot au Phone: 1300 653 227

Disability Safe (Supported by the New South Wales government) Website: www dot disabilitysafe dot org dot au

Fair Work Australia Website: www dot fwa dot gov dot au Help Line: 1300 799 675 Translating and Interpreter Service 131 450 Speech to Speech Relay through the National Relay Service: 133 677 Email: [email protected]

Fair Work Ombudsman www dot fairwork dot gov dot au

Human Rights Commission www dot hreoc dot gov dot au

How to Manage Workplace Health and Safety Risks Code of Practice Safe Work Australia Website www dot safeworkaustralia dot gov dot au Phone: 02 6121 5317

Fair Work Act 2009 www dot fairwork dot gov dot au

Fair Work Information Statement www dot fairwork dot gov dot au

More information about the laws There is a lot of information about Workplace health and safety laws. You can ask for this information.

National Safe Work Australia Website: www dot safeworkaustralia dot gov dot au Phone: 02 6121 5317

Australian Government

of 70 Website: httpcolon forward slash forward slash australia dot gov dot au/topics/employment- and-workplace/ohs-workplace-health-and-safety

Australia Capital Territory WorkSafe Website www dot worksafe dot act dot gov dot au Phone: 02 6207 3000

New South Wales WorkCover Authority of NSW Website: www dot workcover dot nsw dot gov dot au Phone: 13 10 50

Northern Territory NT WorkSafe Website: www dot worksafe dot nt dot gov dot au Phone: 1800 019 115

Queensland Workplace Health and Safety Queensland (Fair and Safe Work Queensland) Website: www dot deir dot qld dot gov dot au forward slash workplace forward slash index dot htm Phone: 1300 369 915

South Australia Safe Work SA Website: www dot safework dot sa dot gov dot au Phone: 1300 365 255

Tasmania Workplace Standards Tasmania Website: www dot wst dot tas dot gov dot au Phone: 1300 366 322

Victoria WorkSafe Victoria www dot worksafe dot vic dot gov dot au Phone: 1800 136 089 Website:

Western Australia WorkSafe Website: www dot commerce dot wa dot g ov dot au forward slash WorkSafe Phone: 1300 307 877

CommLaw (Disability (Access to Premises - Buildings) Standards 2010) Website: www dot comlaw dot gov dot au forward slash Details forward slash F2010L00668