Business Blockbuster - Helpng business to be more visible on Google

Daily Bulletin

the legal risk of asking staff to work in smokey air

  • Written by: Elizabeth Shi, Lecturer, Graduate School of Business and Law, RMIT University

Amid thick bushfire smoke in cities including Canberra and Melbourne, employers need to consider their legal obligations.

Some have directed their workers not to turn up in order to avoid to occupational health and safety risks. Among them is the Commonwealth department of home affairs which last week asked most of its staff to stay away from its Canberra headquarters for 48 hours.

Other employers want to know where they stand.

the legal risk of asking staff to work in smokey air Each state and territory has its own occupational health and safety laws.However most line up with the so-called Model Act, a federal act of parliament intended to harmonise state laws. Under section 17 it imposes on employers a duty to, so far as is reasonably practicable, ensure health and safety by eliminating or minimising risks. This employer’s duty applies not only to its employees, but also to other types of workers including independent contractors. Meaning of ‘reasonably practical" Under the section 18 of the Model Act, “reasonably practicable” means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters By themselves, these words aren’t much of a guide, so the Act includes examples of “relevant matters”, among them: the likelihood of a hazard or risk occurring the degree of harm that might result what the employer knows or ought reasonably know about the hazard or risk, and ways of eliminating or minimising hazard or risk the availability and suitability of ways to eliminate or reduce hazard or risk the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk Meaning of 'likelihood’ Employers should make themselves aware of the risk of an air quality hazard.This can be achieved by checking the most up to date air quality index in the location on an environment protection authority website: NSW Victoria Queensland South Australia Western Australia Tasmania Northern Territory Australian Capital Territory Workers who work outdoors are more likely to be subject to harmful effects of bushfire smoke than indoor workers. They are more likely to experience irritation to their airways, nose and eyes. They might also experience low visibility which might make their work more dangerous. The machines they operate could also be impacted by the smoke and dust in a way which would make operating them more dangerous. Special measures should be taken to protect workers who work outdoors, such as providing them with face masks or rescheduling their work. Smoke emissions from the Australian bushfires from 1 December 2019 to 4 January 2020.Meaning of ‘degree of harm’ the legal risk of asking staff to work in smokey air Asthma suffers might be at greater risk. It is certainly arguable the likelihood of harm for indoor workers is much lower, especially if the air quality in their workplace is the same or even better than the air quality in their homes. Employers should have up-to-date information about the health of their workers, especially those workers who have pre-existing conditions that might predispose them to harm from smoke. Among these would be workers who have asthma or other respiratory disorders. Special steps should be taken to protect them, taking into account their pre-existing conditions. Meaning of ‘reasonably ought to know’ Employers should be checking up-to-date information on an environment protection authority website and on the website of Safe Work Australia which is the Commonwealth regulator for occupational health and safety laws. It’s very likely law enforcers will presume the information on these websites constitute information the employer ought to have known in determining the appropriate action to take. For example, it would be difficult for an employer to argue they didn’t know P2 rated face masks should be provided to workers when the Safe Work Australia website specifically mentions them as an appropriate way of eliminating or reducing air quality hazards. Meaning of ‘availability of ways to reduce risk’ Safe Work Australia directs employers to have in place measures to manage the risks to health and safety of working outdoors when air quality is reduced, including: working indoors (where possible) rescheduling outdoor work until conditions improve ensuring buildings and equipment are functioning correctly and have not been affected by dust or debris cleaning dust and debris off outdoor surfaces providing personal protective equipment such as eye protection and correctly fitted P2-rated face masks. Meaning of ‘cost of minimising hazard’ The cost of elimination or minimising hazard will be higher for some measures than others. For example, it might cost more to direct workers to stay home than to provide face masks. Read more: Our buildings aren't made to keep out bushfire smoke. Here's what you can do These costs need to be weighed up against the likelihood and degree of potential harm. If the likelihood and degree of harm is high, it’s unlikely law enforcers will be particularly sympathetic to arguments about cost.

Authors: Elizabeth Shi, Lecturer, Graduate School of Business and Law, RMIT University

Read more http://theconversation.com/what-employers-need-to-know-the-legal-risk-of-asking-staff-to-work-in-smokey-air-129432

Business News

The Growing Demand for Durable Plastic Packaging Supplies Across Australia

Why Do Australian Businesses Need Reliable Plastic Packaging Supplies? Businesses need packaging that can withstand everyday handling, storage, and distribution without creating avoidable delays. Pla...

Daily Bulletin - avatar Daily Bulletin

Office Cleaning Melbourne: Choosing the Right Scope for Your Office

A well-planned office cleaning Melbourne arrangement starts with a clear understanding of the premises and the people who use it. An office may include private work areas, shared desks, reception, mee...

Daily Bulletin - avatar Daily Bulletin

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Cybersecurity Services and Solutions for Complete Digital Protection

Businesses leverage Cybersecurity solutions for protection against digital threats of the modern era...

What Australian Entrepreneurs Should Know About Streamlining Their Financial Processes

Running a small business in Australia demands much more than just delivering a great product or serv...

Supporting Joint Health in Young and Growing Horses

Anyone who has raised a foal through to a rising three-year-old knows how deceptively fast the gro...

Why Is My Switchboard Buzzing? What a Humming Breaker Is Telling You

Most people never hear their switchboard. It sits quietly in a cupboard, a hallway or a meter box ou...

Solar Panels Geelong: Key Factors to Consider Before Installation

Solar power can help households and businesses generate electricity on site, but the value of a syst...

How Rats and Mice Get Into Homes Through Gaps Most People Miss

Rats and mice do not need an open door to get inside a home. They can squeeze through small openings...

Why a Safety Certified I/O Module Matters in Machine Design

Understanding Safety-Related I/O A safety certified I/O module is designed for use within an arch...

How to Compare Ceiling Fans online before Buying

Comparing ceiling fans online before making a purchase helps you understand how each model will su...

How Does a Portable Power Station for Carvan Adventures Support Smarter Camping?

Why Does Off-Grid Camping Need a Reliable Portable Power Station for Carvan Travel?  People often...