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Injuries can and do happen, when they do, it is important that they are managed with the end return to work goal in mind. That is, returning the employee to their full pre-injury work duties with the same employer (wherever possible).

Managing workplace injuries and return to work plans can be simple or very complex.

Our checklist provides you with a high-level overview of how to manage a workplace injury and returning an employee back to their pre- injury duties.

Download our checklist

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Working for Women Strategy

The Australian Government recently issued the “Working for Women Strategy.” This strategy contains long term goals towards “an Australia where people are safe, treated with respect, have choices and have access to resources and equal outcomes no matter their gender” (Working for Women Strategy).

The strategy aims to:

• End violence against women.
• Balance unpaid work.
• Close the gender pay gap.
• Close the retirement income gender gap.
• Gender equity in healthcare access and outcomes.
• Close leadership and representation gender gaps.

Learn more about Working for Women Strategy

As an employer, the key areas to focus on are shown below:

Gender Based Violence

Employers can create safe workplaces, including providing clear and effective responses to sexism, discrimination, harassment, bullying and abuse at all levels.

Employees should be trained in positive bystander behaviours to identify inappropriate behaviour and respond appropriately. All employees should feel safe in reporting and know who to go to and how to report.

As an employer you should review your company policies in consideration and support of employees who are experiencing or recovering from domestic violence and ensure they know how to access their entitlements to leave and what the entitlement is (10 days paid family and domestic violence leave per annum).

Unpaid and Paid Care

Employers are encouraged to “go beyond” their minimum obligations and transform workplaces, into flexible workplaces where parents and carers are, and feel supported.

Employers can ensure that working flexibly is not a barrier to promotion or leadership opportunities.

Many employers already use paid parental leave and flexible or hybrid working options to attract and retain employees.

Economic Equality and Security

All employers can support workplace gender equality, including closing of the gender pay gap and reducing gender bias and discrimination in the workplace.

Businesses can develop, implement, and adopt policies, practices and structures that aim to assist women to achieve economic equality and addressing discrimination that intersects with sexism, such as racism, homophobia, and ableism.

By conducting payroll audits and committing to address findings, employers actively work towards reducing the gender pay gap. Employers should address any discriminatory approaches to hiring, promotion and access to professional development.

Workplaces should implement strong policies to appropriately respond to complaints about sexism and harassment in the workplace, including providing access to expert support. Creating positive and respectful workplaces, by training staff to understand and respond to lower-level sexism and harassment (including sexist jokes and ignoring women in meetings) can further support a safe workplace culture and improve workplace engagement.

Health

Employers play a vital role in reducing the stigma around mental health, by providing awareness, education, and support in the workplace. Employers can also reduce barriers to ensure employees receive the help they need when they need it (such as providing flexible time to access counselling services or supports).

Employers can also support women to manage their health needs in the workplace when it comes to chronic conditions, reproductive health, menstruation or menopause and endometriosis (for example).

Leadership, Representation, and Decision-making

Employers play a part in ensuring women are represented across leadership roles, board positions and development opportunities. Visibility and representation increases, the likelihood of women's participation and consideration of such pathways into leadership.

The Commitment

The Commitment from the Australian Government

The Australian Government has made a commitment to help families balance caring responsibilities and work commitments, provide gender equality and secure environment to support workforce participation.

In doing so, several actions and reforms are already underway or anticipated including:

• Making the paid parental leave scheme longer, more flexible, equitable and accessible.
• Additional rights to access unpaid parental leave and flexible work.
• Including breastfeeding as a protected attribute.
• Increase in wages for aged care workforce.
• Responding to Australian Competition and Consumer Commission inquiries into early childhood education and care.
• Introduction of 10 days paid family and domestic violence leave per annum
• Placed positive duty on employers to prevent sexual harassment and discrimination.
• Implement recommendation from the Respect@work report.
• Provide tax relief that supports work participation.
• Included gender equality as a national priority in the National Skills Agreement.
• Examination of gender and care interaction with superannuation and retirement income gaps, also reviewing the social security systems associated.
• Building the capability of employment services to support participation in the workforce.
• Strategies to improve health services and outcome for women and LGBTIQA+ people.
• Providing enhanced training to healthcare employees.
• Delivery of priority reforms under “closing the gap” including gender equality across all levels of government.
• Provide funding to support leadership program for women to run for parliament (increasing representation in political roles)

Need assistance understanding the Working for Women Strategy?

HR Advice Online provides a simple outsourced solution that will support you throughout the complete employee lifecycle; from recruitment to managing performance, navigating specific issues, and ending employment.

With easy access to professional help, you can gain the peace of mind that comes with knowing your business is compliant. Not having the right advice at the right time can cost you time and money. Our membership packages include:

• Support from our HR Advisory team for advice on issues specific to your business.
• Access to a wide range of resources and templates to assist you through every stage of the employee lifecycle
• Educational webinars & videos
• Regular updates when legislation changes

Join HR Advice Online Today

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Why do we need them?

While each State and Territory has its own Occupational and Work Health Safety legislation, all employers have a legal obligation to ensure that each workplace or site is safe for employees, clients, and visitors.

Health and Safety committees (HSCs) can play a key role in enabling employers to provide a supportive, systematically and strategically safe working environment.

A HSC can provide the following benefits to your workplace:

• Process for hazard identification and risk minimisation.
• Supports communication between workers and managers.
• Assists with establishing a culture of safety in your workplace.
• Supports health and well-being of workers.
• Contributes to the avoidance of injuries in the workplace.

Download our Health & Safety Committee Checklist

It is generally recommended that members of the HSC be comprised of employees in addition to management representatives. It is also preferable that the committee is comprised of employee members from various roles or responsibilities or locations from across the business (if there is more than one site). This is to ensure that there is wide ranging knowledge and expertise to contribute to the HSC and any decisions that the HSC may make.

A diverse membership also means that the HSC processes can draw on a broad range of skills, for example policy development, physical, plant or production perspectives, financial authority, and technical systems of work. The employer should ensure that they include a senior level leader that has the authority to make decisions around budgets and expenditure.

HSC’s function in the workplace is to facilitate employers and employees working together to develop a safety culture and associated processes and protocols. The HSC will typically be tasked with performing risk assessments in the work environment, reviewing safety policies and procedures, reviewing incident or injury reports, responding to reports of safety concerns, communicating to all staff regarding health and safety, and ultimately contributing to ensuring the health and safety of employees in the workplace.

The size of the HSC and how often they meet may depend on the type of work being carried out in your workplace, the degree of risk, and the size of your organisation or operation.

Want to understand workplace safety better? Need advice on how to establish or engage with an HSC committee? Contact us at advice@stg.hradviceonline.com.au or 1300 720 004.

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Industrial manslaughter is the offence of recklessly or negligently failing to ensure the safety of workers or others impacted by the business or undertaking, leading to the death of the worker or other person.

As the number of workplace fatalities increases, employers have an increasing need to be aware of the offence of industrial manslaughter and how this is being enacted across Australia.

The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced to Parliament on 4 September 2023, proposing sweeping changes to the Fair Work Act 2009 and the Work Health and Safety Act 2011 (WHS Act). One of the key WHS Act amendments was intended to criminalise industrial manslaughter at a federal level.

The maximum penalty across the states and territories ranges from imprisonment for 20 years, life imprisonment, for a person conducting a business or undertaking (PCBU) (individual) and for a PCBU (corporate) the fines range from $10-19.231 million.

From 1 July 2024, industrial manslaughter will be an offence under a new section 30A of the WHS Act but will only apply to the Commonwealth public sector at this time. Across the country, currently industrial manslaughter is managed in line with state and territory work health and safety legislation.

Australian Capital Territory

Industrial manslaughter has been an offence in the Australian Capital Territory (ACT) since 2004, under section 34A of the Work Health and Safety Act 2011 (ACT). There has since been no prosecutions in the ACT.

New South Wales

Although not currently an offence in New South Wales, the New South Wales Government has announced a commitment to enacting an Industrial manslaughter offence and plans to introduce, a bill to parliament in the first half of this year.

Northern Territory

The offence of industrial manslaughter came into effect in the Northern Territory on 1 February 2020 under section 34B of the Work Health and Safety (National Uniform Legislation) Act 2011 (NT). NT WorkSafe has since charged two PCBUs with industrial manslaughter.

Queensland

Queensland introduced the offence in 2017 under section 34C of the Work Health and Safety Act 2011 (Qld). Queensland was the first state to record a conviction including two directors of a company, and an individual who was held responsible for the employees, death. The sentencing included imprisonment.

South Australia

South Australian Parliament passed the Work Health and Safety (Industrial Manslaughter) Amendment Bill 2023 (SA) introducing a new offence of industrial manslaughter under section 30A of the Work Health and Safety Act 2012 (SA), receiving royal assent with effect 7 December 2023. The offence is set to come into effect later this year on a date yet to be proclaimed.

Tasmania

Industrial manslaughter is not an offence in Tasmania. While the Tasmanian Government has been the subject of mounting pressure to introduce an industrial manslaughter offence, it has not publicly committed to legislating for such an offence.

Victoria

Workplace manslaughter is an offence in Victoria pursuant to section 39G of the Occupational Health and Safety Act 2004 (Vic). This offence was introduced under the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Vic), which commenced on 1 July 2020. Since that date WorkSafe Victoria have charged 4 companies.

Western Australia

Industrial manslaughter became an offence in Western Australia on 31 March 2022 under section 30A of the Work Health and Safety Act 2020 (WA). There are yet to be any charges or prosecution of industrial manslaughter in Western Australia.

How can Safety Advice Online support my business?

As an employer you are required to comply with your legislated obligations to provide and maintain a healthy and safe workplace for all workers. This duty of care extends not only to your direct employees but also contractors, labour hire employees, work experience students, interns, and visitors to the workplace.

Our Safety Advice Online packages will help you feel confident that you’re complying with Australian employment laws, provide a safe workplace for your employees and save time creating your own documentation.

Included in our Safety Advice Online membership packages:

• Customisable policies and procedures
• Over the phone advice and guidance from a qualified work health & safety specialist regarding a specific issue
• Work health and safety employee handbook template
• Customisable forms and checklists

There’s so much small business owners need to know about work health and safety in Australia. Why not see how we can support you.

Learn more

Information in HR Advice Online guides and blog posts is meant purely for educational discussion of human resources issues. It contains only general information about human resources matters and due to factors, such as government legislation changes, may not be up to date at the time of reading. It is not legal advice and should not be treated as such.

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The good news is there are steps you can take to manage stress and fatigue in your workplace. Reducing workplace stressors and providing flexibility and support can help promote workplace wellbeing and reduce stress. There are various types of fatigue including mental, physical and emotional fatigue. There is also fatigue associated with shift work and travel that could affect your employees.

• Physical fatigue can lead to muscle aches, pains, injuries and accidents.
• Mental fatigue can leave you and your employees feeling exhausted which can impact their judgement and concentration.
• Emotional fatigue can leave employees feeling irritable, stressed and uncomfortable, as can fatigue from shift work and travelling.

When someone is feeling tired and exhausted, suffering from the effects of fatigue, it can make the smallest tasks seem difficult or unbearable, much like being unwell. Environmental factors can play a significant role in managing stress and fatigue in the workplace.

Bullying and harassment can cause significant stress for an employee or group of employees. The effects on employee mental health can be significant and attributed to increased anxiety and a feeling of being unsafe at work. Bullying and harassment can lead to significant emotional fatigue. Taking a zero-tolerance approach to bullying and harassment in your workplace can go a long way to helping your employees feel safe at work.

Significant workloads also play a part in the wellbeing of your employees. Check in with your employees to gauge how they are managing their workload and to identify any areas where they are struggling or might require additional support. Busy periods may be inevitable, however it is how we manage through those times. When an employee says they are struggling or this is identified, make sure you take steps to support the employee and involve them in the process. This promotes trust in the working relationship and provides assurance to the employee.

Providing autonomy and flexibility in the workplace can allow your employee to manage their own workload in a way that works for them and best manages their stress level. A good work-life balance promotes wellbeing and in turn allows the employee to be empowered and invested in the work being undertaken and driven towards achieving the business outcomes along with job satisfaction.

In managing workplace stress and fatigue, consider some of the following:

• Identify and understand the root cause of stressors in your workplace, check in with your employees, or even do a quick pulse survey to identify key areas of focus.
• Promote a flexible working culture with a focus on establishing work-life balance. Flexibility can look different for each workplace depending on the business needs.
• Wellbeing leave can be offered as an additional incentive or benefit in addition to statutory entitlements.
• Promote safe, open communication and encourage staff to speak up when they are struggling.
• Provide relatable and practical resources in managing stress and fatigue and support such as access to counselling, education and employee assistance programs.
• Encourage your managers to lead by example and model expected behaviours, push back on workloads that are unmanageable and maintain a zero tolerance of bullying and harassment in the workplace.

Having difficulty understanding and supporting your staff? Speak with our team for ideas to support your workplace health and wellbeing, please contact us at advice@stg.hradviceonline.com.au or 1300 720 004.

Information in HR Advice Online guides and blog posts is meant purely for educational discussion of human resources issues. It contains only general information about human resources matters and due to factors, such as government legislation changes, may not be up to date at the time of reading. It is not legal advice and should not be treated as such.

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Behaviours of concern include any behaviour which might make someone feel uncomfortable, unsafe or disrespected at work or in connection with their work. Some examples of such behaviour may include:

• Sexual harassment including unwelcome touching
• Unwelcome conduct, communication and language of a sexual nature
• Treating someone unfairly because of their sex (discrimination)
• Victimisation, such as treating some unfairly who has raised a concern or a complaint in relation to experiencing or witnessing unwelcome behaviour (sexual harassment)

This positive duty means that employers have a responsibility to take proactive steps to avoid these behaviours from occurring in the workplace (risk minimisation). The positive duty therefore means that it is not sufficient for an employer to merely respond to and address a concern or complaint if it is brought to their attention – but they need to take action to ensure that all employees feel safe and respected at work.

It is also imperative that if a complaint or concern is raised that it is responded to appropriately, meaning that steps need to be taken to ensure that the employee raising the concern or complaint can be supported to feel safe and respected at work.

There is no leniency with the new rules related to a lack of resources or because you may run a small business. A sole trader has just as much obligation to take steps to comply with the laws as a large organisation.

The Australian Human Rights Commission (AHRC) has recently published detailed guidelines to help employers and persons conducting a business to comply with the new positive duty to eliminate sexual harassment and discrimination in the workplace. The guidelines list seven different standards to be addressed in every work environment. These are briefly summarised below.

1. Leadership – educate your leaders about the positive duty and train them to know how to identify unlawful conduct and how to prevent this from occurring in your workplace. Leaders should serve as positive role models on appropriate and safe behaviour.
2. Culture – establish a culture of psychosocial safety in your workplace. Ensure that your employees feel respected at work and encourage them to speak out if they have any concerns.
3. Knowledge – have policies in place which describe appropriate conduct and behaviour, and what actions will be taken if the policies are breached – such as how a complaint will be made and how it will be responded to. Communicate these policies to all employees and ensure that they comprehend and acknowledge them.
4. Risk management – much like you may approach physical safety in the workplace, take steps to identify and manage risks and hazards related to psychosocial safety and bad behaviour.
5. Support – consider what you can put in place across your business to ensure that employees feels supported if they experience or witness sexual discrimination or harassment in the workplace. For example, this might include having trained contact officers or providing access to an Employee Assistance Program (EAP).
6. Reporting and response – provide a clear process to your employees on how to make a complaint, and how it will be responded to. Respond to any complaints consistently and as quickly as possible.
7. Monitoring, evaluation and transparency – regularly review your related policies, supports and pro-active steps taken in relation to prevention. Create records of any complaints received and identify any areas for improvement.

As of 12 December 2023, the Fair Work Commission has new powers to investigate and enforce compliance with the positive duty. The Commission has developed guidance materials to help organisations and businesses to understand their responsibilities and the changes they may need to make to meet these new legal obligations.

Some useful tips to comply with the positive duty include the following:

• Ensure that you have appropriate and up to date policies in place to comply with the positive duty obligations. For example, this may include a Code of Conduct Policy, Respect at Work Policy, and a Bullying and Harassment Policy. Make sure that these policies are accessible and transparent and not buried away in an induction document that might never be seen again.
• Openly and frequently discuss with your team what is and what is not positive and safe behaviour at work. You might do this at meetings or toolbox talks for example.
• Embed prevention in your workplace culture by educating and training all employees in the business about their right to feel safe and respected at work, and their responsibility to ensure that others feel safe and respected too.
• Introduce the positive duty and prevention of sexual discrimination and harassment at your senior leadership and safety meetings as a standard agenda item.
• Consult with your employees about their psychosocial safety and regularly review your workplace for risks and hazards.

Fortunately, as one of our clients, you have access to a suite of resources including template policies. Join HR Advice Online for free to access some of these valuable resources. HR Advice Online can also provide training around Bullying and Harassment – get in touch with our team if you would like to discuss a training program.

For support and guidance in meeting your obligations around positive duty in relation to sexual harassment and discrimination please contact us at advice@stg.hradviceonline.com.au or 1300 720 004.

Information in HR Advice Online guides and blog posts is meant purely for educational discussion of human resources issues. It contains only general information about human resources matters and due to factors, such as government legislation changes, may not be up to date at the time of reading. It is not legal advice and should not be treated as such.

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