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WORKPL CE issues seasonal worker safety - WorkSafe ...
WORKPL CE
                                                                 DECEMBER 2020

       issues

                                      seasonal worker safety
                                            Keeping fruit pickers COVID Safe

be asbestos aware
Dangers in floor sheeting and tiles

                                            safety, wellbeing
                                               Men’s health, working safely
                                                 in heat and UV, and more
WORKPL CE issues seasonal worker safety - WorkSafe ...
Contents
                                                                                                                                      Publisher
                                                                                                                                      Published three times a year by
                                                                                                                                      WorkSafe Tasmania.

                                                                                                                                      Online
                                                                                                                                      To see current and past editions,
                                                                                                                                      our warnings about telefraud and

          NEWS + EVENTS                                                                                                               graphic images, and to subscribe,
                                                                                                                                      go to worksafe.tas.gov.au then
                                                                                                                                      choose the ‘Resources’ button
          8      WorkSafe Tasmania Month hits new highs                                                                               then the ‘Workplace Issues
                                                                                                                                      magazine’ link.
          12     Tasmania adopts national traffic
                 management guide                                                                                                     Phone:
                                                                                                                                      1300 366 322
          14     Spotlight on Public Admin and Mining
                 industries                                                                                                           Email:
                                                                                                                                      wstinfo@justice.tas.gov.au
          16     Update: Advisory Service
          18     Prosecutions                                                                                                         Disclaimer
                                                                                                                                      WorkSafe Tasmania and the
          19     About Worker Assist: How it can help you                                                                             Crown in the right of the State
                                                                                                                                      of Tasmania, its employees and
          21     National report: COVID workers comp claims
                                                                                                                   COVER              agents disclaim liability for the
                                                                                                                                      accuracy or comprehensiveness of
                                                                                                                   STORY
          safety
                                                                                                                                      the information, data and advice
                                                                                                                                      provided in Workplace Issues; and
                                                                                                                                      will not be responsible for any
          4      Beware of COVID complacency                           Keeping fruit pickers COVID Safe                               loss, however arising and whether
                                                                       Burlington Berries explains its COVID Safe measures for        or not due to negligence, arising
          6      Berry farm’s COVID Safe efforts bear fruit                                                                           from reliance on, or action taken
                                                                       protecting its workers; and Hillwood Berries is the backdrop   on the basis of any information,
          10     Working Safely in the heat                            for our new Safe Farming Tasmania COVID Safe video.            data or advice provided in
                                                                                                                                      Workplace Issues.
          11     Working safely in the sun
                                                                                                                                      Any information, data and advice
          11     Other summer safety resources                                                                                        is provided solely on the basis that
                                                                                                                                      readers will be responsible for
          13     Warning: Asbestos in flooring materials
                                                                                                                                      making their own assessment and
          23     Helping fruit pickers stay COVID Safe                                                                                verification of such information,
                                                                                                                                      data and advice before any
                                                                                                                                      reliance is placed upon it.

          wellbeing                                                                                                                   Views expressed in Workplace
                                                                                                                                      Issues are those of the individual
                                                                                                                                      contributors or the editorial
          17     Supporting mens health                                                                                               committee and are intended to
                                                                                                                                      stimulate discussion. They do not
                                                                                                                                      necessarily reflect the policy of

          regulars                                                         page
                                                                                                                                      the Government or WorkSafe
                                                                                                                                      Tasmania.

          3
          20
                 From the Minister
                 Who can claim for workers compensation?
                                                                            13                                                        ISSN 1444-6316 (Print)
                                                                                                                                      ISSN 2204-5597 (Online)
          22     Business Tasmania: Here to help                       Be asbestos aware                                              Throughout, the acronyms
          23     Everybody’s Talking                                   Know the risks of vinyl floor sheeting and tiles.              ‘WHS’ stands for work health
                                                                                                                                      and safety and ‘PCBU’ stands for
                                                                                                                                      person conducting a business or
                                                                                                                                      undertaking.
    Cover photo: Hillwood Berries, courtesy Alex Beem Creative Media

2         Workplace Issues         No. 97       December 2020
WORKPL CE issues seasonal worker safety - WorkSafe ...
ELISE ARCHER MP
MINISTER FOR BUILDING AND CONSTRUCTION

Keep on Top of COVID Campaign
                                                Now, it is as important as ever that we do     I encourage you to stay up-to-date with
                                                not become complacent. We must maintain        the latest COVID-19 warnings and advice
                                                our COVID-Safe behaviours and attitudes,       for Tasmania at coronavirus.tas.gov.au.
                                                and remember the shared responsibility we
                                                                                               Finally, it gives me great pleasure to
                                                all have to keep our community and our
                                                                                               announce WorkSafe Tasmania’s new
                                                loved ones safe.
                                                                                               Executive Director, Robyn Pearce.
                                                The key to the Keep on Top of COVID
                                                                                               Robyn has led WorkSafe Tasmania as
                                                campaign is the word ‘keep’. We all need to
                                                                                               Acting Chief Executive Officer since
                                                keep doing the right things to keep COVID-
                                                                                               March 2020, stepping up from her role as
                                                19 away, so we can keep enjoying the things
                                                                                               Director Industry Safety (which she has
                                                we like to do.
                                                                                               held since June 2018).
                                                This campaign reminds us to keep washing
                                                                                               This coincided with the onset of the
                                                our hands, keep social distancing and get
                                                                                               COVID-19 pandemic, which brought
                                                COVID-19 tested if we experience any
                                                                                               about an unprecedented rise in workload
                                                cold or flu symptoms. The campaign has
                                                                                               throughout WorkSafe Tasmania. Robyn
                                                communicated the reasons behind acting
                                                                                               led the WorkSafe team throughout this
                                                and thinking in a COVID-Safe way so we
                                                                                               challenging period, collaborating with the
                                                can keep socialising with our friends, keep
                                                                                               State Controller, multiple Government
                                                visiting our family and keep our business
                                                                                               agencies, industry and unions to contribute
                                                open.
                                                                                               to the Tasmanian Government’s COVID-
                                                What does this mean for you and your           Safe Workplaces Framework and ongoing
                                                business practices, your workers and your      recovery work. This was in addition to the
                                                customers?                                     important work WorkSafe does day to
                                                                                               day in the areas of workers compensation,
As our State continues to move forward          It means continuing to communicate to
                                                                                               asbestos compensation, licensing and more.
safely and responsibly with the lifting of      your workers, suppliers and customers the
certain restrictions and the opening of         COVID-Safe control measures you have in        I wish to personally thank Robyn and her
our State borders, we must continue to be       place. This is especially important for any    entire team for their incredible efforts to
vigilant and keep COVID-19 safety at the        measures that go beyond the usual hygiene      date during COVID-19, and I wish them all
forefront of our minds.                         and physical distancing, and are unique to     the best as they work to make Tasmanian
                                                your particular workplace requirements.        workplaces safer and healthier into the
The Tasmanian Government’s ‘Keep on
                                                                                               future.
Top of COVID’ campaign recognises               It also means addressing any COVID-
that we have been able to lift many             19 complacency that may have crept in,         As always, please look after each other,
COVID-19 related restrictions because the       whether that might be with your staff or       stay safe and take care.
overwhelming majority of Tasmanians did         your customers. The Advisory Service’s new
the right thing during the height of the        column in this edition addresses ways to do
pandemic.                                       this, and communication is the key.
As individuals and a community, we              We do not want to undo the hard work
practised good hygiene and maintained           Tasmanians have put in over the past
physical distancing, followed the rules and     nine months. Keep on Top of COVID has
guidelines for gatherings and activities, and   empowered Tasmanians to feel confident
had a test if we felt unwell with COVID-19      to continue with their lives and continue to
symptoms.                                       embrace and apply COVID-Safe behaviours.

                                                                                               Workplace Issues    No. 97   December 2020    3
WORKPL CE issues seasonal worker safety - WorkSafe ...
safety

    Beware of COVID complacency
    For most Tasmanians, life has                                                               Your COVID Safe plans remain important
    become easier and returned                      WHAT THIS MEANS IN PRACTICE                 guidance for you and your workers. They
    closer to normal through the                                                                should be ‘living documents’ that you
                                                    Until we have a vaccine, the best way to    review on a regular basis, and especially
    staged easing of COVID-19
                                                    remain safe is to continue following and    whenever Public Health directions change.
    restrictions.
                                                    complying with Public Health guidelines     Review your plan’s control measures
    Lifting restrictions has been made possible     and instructions on health, hygiene,        to make sure they continue to do what
    because the overwhelming majority of            physical distancing and gatherings.         they are supposed to do: keep you, your
    Tasmanians did and continue to do the                                                       workers and your customers safe.
                                                    For all of us, this means continuing to:
    right things: practising good hygiene and
                                                    • wash your hands with soap and water       To help inform your review, go back to
    maintaining physical distancing, following
                                                      for 20 seconds, and use hand sanitiser    our industry resources with fresh eyes.
    the advised restrictions on gatherings
                                                      when necessary                            Are there other actions or measures that
    and activities, and getting tested if feeling
                                                                                                you should incorporate now? Are those
    unwell with COVID symptoms.                     • maintain 1.5 metres between yourself
                                                                                                you already have in place still working?
                                                      and others where possible: for
    While this is good news, it is very                                                         Find all our industry guidelines (developed
                                                      example, at work, when lining up at the
    important that we all don’t fall into the                                                   in consultation with Tasmanian industry
                                                      supermarket, when exercising
    trap of complacency, and we maintain                                                        stakeholders and representatives) at our
                                                    • getting tested if you have any COVID-19   COVID-19 web pages. Go to
    these good behaviours, especially with our
                                                      symptoms and staying home while you       worksafe.tas.gov.au/coronavirus and search
    borders reopening to interstate travellers.
                                                      await the results.                        for ‘guidelines’.
    We need to remain vigilant — as
                                                    For workplaces, this means:                 New information sheets and templates
    individuals and as workplaces.
                                                    • continue to promote good hygiene,         have also been developed, further
                                                      distancing and testing to your workers:   explaining density, distancing and mixing
    A FALSE SENSE OF SECURITY                         with posters, staff newsletters or        requirements — and how to comply with
                                                      emails, and team meetings. Be up-front    them. There are documents specifically
    We have seen other states and countries           about complacency and discuss the         aimed at gyms and event organisers,
    suffer second waves, and tighter rounds of        importance of remaining COVID Safe        to help them ensure they meet all
    restrictions.                                   • continue to communicate the               the COVID Safe requirements. Go to
                                                      COVID Safe control measures that          worksafe.tas.gov.au/coronavirus and search
    Switching restrictions off and on again
                                                      are particular to your workplace          for ‘framework’.
    would come at a significant cost: to our
    personal freedoms, our livelihoods, our           operations, activities and environment.
    mental health and wellbeing, and our local
    and state economies.                            REVIEW YOUR PLANS, STAY UP
                                                    TO DATE
    So it is very important that we all
    keep doing what is needed to prevent            Even as we enjoy ‘the new normal’,
    coronavirus taking hold again in our            control measures are still required (and
    community.                                      will be enforced by WorkSafe Tasmania’s
                                                    Inspectorate).

4   Workplace Issues   No. 97    December 2020
WORKPL CE issues seasonal worker safety - WorkSafe ...
COVID-safe behaviours
for the workplace
Follow this advice to protect yourself and others.

                             Wash your hands frequently for
                             at least 20 seconds. Use alcohol-
                             based hand sanitiser if hand
                             washing is not available.

                             Cover coughs and sneezes with
                             a tissue or the inside of your
                             elbow. Dispose of used tissues
                             immediately using a rubbish bin.

                             Stay 1.5 metres away from other
                             people.

                             Clean and disinfect frequently
                             touched surfaces, equipment
                             and shared spaces.

                             Stay home if you have cold
                             or flu-like symptoms.
                             Get tested for COVID-19.

       Keep up to date.
       www.coronavirus.tas.gov.au
WORKPL CE issues seasonal worker safety - WorkSafe ...
Berry farm’s COVID Safe
                                                                                                                                    SAFETY

    efforts bear fruit
    Family-owned berry farm Burlington Berries is in the midst of its      However, the company was also unafraid to act early, especially
    busiest time of year: harvesting and packing its juicy, high-quality   in the early days of the pandemic when specific industry or
    strawberries and raspberries ready for customers all around            government consensus was not yet available.
    Australia.
                                                                           The team worked together to develop and communicate its
    This year, the company has had an extra layer of preparedness          new policies: ‘This remains a key part of maintaining buy-in from
    for the harvesting season: making sure its operations and long-        the wider team,’ explained Laurie. ‘Communication has been
    time and seasonal workers are COVID Safe.                              important, ensuring our workers are aware of what and why
                                                                           we’re doing things.’
    ‘Our approach at Burlington has been driven by an acute
    awareness of our responsibility to the local community, our long-      The berry business is ‘such a labour intensive business’, so the
    term workforce and the significant number of seasonal workers          potential impact of a COVID case would have ‘wide-ranging
    for whom we have a duty of care,’ said General Manager of              impacts’, said Laurie.
    Burlington Berries, Laurie Adams.
                                                                           ‘Thankfully with the current situation, theses impacts remain
    Laurie and his team started planning when the first cases and          potential, not actual. But our approach was to look at the
    lockdown hit Tasmania earlier in 2020.                                 situation in terms of different risk levels: low, medium or high.
                                                                           Each of our areas had increasing levels of controls as the risk
    ‘This was the last few months of our 2019–20 season, so we             level in Tasmania changed,’ explained Laurie. ‘As cases arrived
    had a decent number of workers on site. Where it was possible,         or spread in the state, we had our responses planned and
    we moved people to working from home or working in isolation           ready to implement; and the team was aware of these levels,
    immediately, and as the first lockdown evolved we developed            which mitigated any shock or frustration when or if we had to
    what would become our integrated COVID policies,’ explained            implement them.’
    Laurie.

    A crucial characteristic of Burlington’s response was adaptability:
    remaining open to the rapid pace of change. ‘Throughout March
    and June, our senior managers held short daily meetings —
    outdoors, standing two metres apart — to adapt and respond
    quickly. We had to talk often and act quickly,’ said Laurie.

    ‘As we moved to a more stable position in Tasmania in June,
    we started to formally draft a plan for the winter and our next
    season.’

    The senior management team discussed (and still does) COVID at
    each weekly meeting, and the manager of each of the company’s
    different areas (for example, harvest, welfare, and the packhouse)
    is expected to lead their team. ‘The overall policy and approach
    was pulled together by Maddie Fish, our Human Resources
    Officer, in consultation with the area managers.’

    Consultation was an important part of Burlington Berries’
    COVID preparations. ‘We consulted heavily with our regional
    grower group, which includes other berry farms, and developed
    a lot of policies together with them. Likewise we were able to
    draw on the various government websites for guidance, including
    WorkSafe Tasmania’s.

    ‘And Burlington is fortunate to have a sister company in the UK,
    so we could learn from their experiences over the northern
    summer.’

6   Workplace Issues   No. 97    December 2020
WORKPL CE issues seasonal worker safety - WorkSafe ...
So what control measures has Burlington Berries introduced to           Burlington Berries also recognises the impact the pandemic has
make its workers and the broader community COVID Safe?                  had on the welfare of its workers, when staff were asked to
                                                                        isolate, work from home or adjust to new practices. ‘And often
‘We’ve put as many practical controls in place as we can, such          our seasonal workers are far from home, living in farm-provided
as a host of office and field-based hygiene facilities, digital sign-   accommodation, and at a high risk from the physical and mental
in procedures, Perspex screening, and workstation spacing and           health issues posed by COVID-19.
workforce separation,’ said Laurie. ‘We’ve set up the various
accommodation facilities to allow for quarantine and workforce          ‘Without doubt COVID-19 has posed a host of challenges and
isolation.’                                                             brought significant working changes,’ said Laurie. ‘The team has
                                                                        had to rise to the situation, but has developed a range of skills
Consideration of staffing levels is a very important matter for         and experience that will make them and Burlington a more
Burlington Berries, especially as it moves back into peak season        resilient business going forward.’
when there will be over 300 people on site. ‘Due to the fact
that we employ staff in our own accommodation as well as
the community, we’ve had to develop systems to group the
workforce not just by operation but also by living location and
transport to site.

‘It’s been challenging to be so involved in people’s lives, but the
priority is keeping the team, community and business safe.’

Scenario planning has also been important: ‘We keep running
contingencies and scenarios to see how our systems will hold
up and adjust as needed. Likewise as the government advice and
situation in Australia changes, we need to react and evolve.’

Obviously this level of preparedness comes at a cost. ‘Inevitably
there has been investment in hygiene facilities, workstation and
workforce separation. Probably the biggest investment has been
in scenario planning and contingency preparations, stress-testing
ideas and assumptions as early as possible. And contingencies,
such as securing extra accommodation and vehicles, comes at a
cost.’

All photos courtesy Burlington Berries
                                                                                                Workplace Issues   No. 97   December 2020   7
WORKPL CE issues seasonal worker safety - WorkSafe ...
0
    WorkSafe Tasmania Month hits new highs
    Over the years, WorkSafe Month has successfully helped                          ‘The feedback we’ve received from presenters and participants
    workers, managers and employers learn how to manage                             has been exceptional, and we now have these wonderful
    workplace hazards, comply with the laws, understand their rights                resources for everyone to use in the future.
    and responsibilities, manage positive return to work outcomes,
    and become healthier too.                                                       ‘Ongoing collaboration with stakeholders has been the key to the
                                                                                    success of this project, and we will continue to do this to ensure
    This year was no exception!                                                     a safer and healthier Tasmania through WorkSafe Month.’

    Respecting COVID-19 restrictions and safety measures,                           WorkSafe Month in Tasmania supports Safe Work Australia’s
    WorkSafe Tasmania, on behalf of the WorkCover Tasmania                          National Safe Work Month.
    Board, provided an energised online program.

    ‘WorkSafe Month is always evolving to meet the information
    needs and wants of employers and workers. In these
    unprecedented times, we wanted to focus on helping everyone                        2021 and beyond
    navigate through this difficult and unpredictable period,’ said                    We recognise how important it is to engage
    Senior Project Manager Stephanie Mirowski (below), who has
    been involved with the Month since 2008.
                                                                                       with our stakeholders and the community
                                                                                       all year round, not just in WorkSafe Month,
    Focusing on the theme ‘Safe Bodies, Safe Minds’, WorkSafe                          so next year we will roll out our 2021–2023
    Month saw expert speakers, business leaders and health and                         WorkSafe Engagement Program.
    safety professionals deliver webinars on a topics covering WHS,
    wellbeing, mental health, injury management and return to work.                    The Program will deliver education and
    OzHelp (a program of Lifeline Tasmania) delivered free and                         engagement activities throughout the year,
    subsidised online training covering suicide prevention, mental                     to ensure we’re providing you with ongoing
    health first aid, managing mental health and wellbeing in the                      opportunities to learn more about WHS,
    workplace, and supporting others in the workplace.                                 wellbeing and return to work.
    Going completely online allowed individuals and groups,                            To stay up to date, subscribe to our mailing list
    no matter where they are based, a greater opportunity to
    participate in our 37 webinars.
                                                                                       at worksafe.tas.gov.au/subscriptions.

                                         There were over 4,000
                                         registrations from people not
                                         just in Tasmania, but from
                                         all over the world. A further
                                         196 people participated in
                                         OzHelp’s training.

                                         ‘It was great to see how
                                         successful this year has been
                                         with everyone embracing
                                         the change to an entirely
                                         virtual WorkSafe Month,’ said
                                         Stephanie.

                                         WorkSafe Tasmania’s Senior Project Manager, Stephanie Mirowski
WORKPL CE issues seasonal worker safety - WorkSafe ...
news
                                                                                                             +
                                                                                                          events
                                                 WorkSafe would like to
     The month in numbers                        thank our webinar presenters
              37 webinars attracted over         for their excellent presentations
              4,000 registrations from all
              over the world, with 2,270         Robert Aurbach: Uncommon Approach
              attending.                         Klaus Baur: Heart2Heart Foundation
                                                 David Bentley: Just Leadership
                                                 Kristen Carroll: Lifeline Tasmania Inc
                                                 Natasha Cloak: SPEAK UP! Stay ChatTy
              196 people participated in
                                                 Scott Coleman: Preventure Pty Ltd
              OzHelp’s training.
                                                 Rhys Cooper: Longitude6
                                                 Maurice Dawe: Drug Education Network
                                                 Anne-Marie Dean: Tasmanian Association of Vocational
                                                 Rehabilitation Providers
              More than 50 presenters from       Professor David Dunstan: Baker Heart and Diabetes Institute
              over 40 local, national and        Lorna Farquhar: Tas Ergonomic Collaborative
              international organisations.       Ruth Feeger: Tasmanian Association of Vocational Rehabilitation
                                                 Providers
                                                 Yohana Franklin Everymind
                                                 Liz Freeman: Tas Ergonomic Collaborative
              27,636 viewed                      Ella French: Cancer Council
  27,636      worksafemonthtas.com.au            Wendy French: Talking about...Training
              with 6,155 unique visitors.        Jennie Gorringe: Equal Opportunity Tasmania
                                                 Associate Professor Genevieve Healy: University of
                                                 Queensland
              LinkedIn gained approximately      Ros Herbert: Council on the Ageing (COTA Tasmania)
              258 followers and 5.844            Klaus Hofer: Communications and Training International
              unique users engaged with our      Dr Kieran Holm: Positive Solutions
              Facebook page.                     Ross Iles: Monash University
                                                 Andrea Ireland: Tas Ergonomic Collaborative
                                                 Associate Professor Nektarios Karanikas: Queensland
                                                 University of Technology
                                                 Angelina Lee: PhysioForward
                                                 Alicia Leis: WLF Accounting and Advisory
                                                 Lyn McGaurr: Council on the Ageing (COTA Tasmania)
Watch the webinars again                         Alison Merridew: WLF Accounting and Advisory
                                                 Garry Mills: Garry Mills Peak Performance
If you want to watch the webinars again, share   Jessica Munday: Unions Tasmania
them with your co-workers, or if you didn’t      Associate Professor Kimberley Norris: University of Tasmania
get the chance to see them when they we          Justin Ockerby: IPAR Rehabilitation
re live, catch up with them on our Youtube       Brad Parker: WorkSafe Tasmania
channel. Go to youtube.com/WorkSafeTas.          Daniella Polita: Tas Ergonomic Collaborative
                                                 Mark Reggers: 3M
                                                 Dave Reynolds: Drug Education Network
                                                 Sarah Sealy: HWL Ebsworth Lawyers
                                                 Linda Sheahan: Beyond Blue
                                                 Hazel Smirlis: Compliance Lab
                                                 Vicki Tabor: WorkSafe Tasmania
                                                 Luke Taylor: HWL Ebsworth Lawyers
                                                 Roz Taylor: Respect at Work
                                                 Anthony Warwick: WorkSafe Tasmania
                                                 Maree Webber: Tas Ergonomic Collaborative
                                                 Bianca Welsh: Stillwater Restaurant, Seven Rooms and Black
                                                 Cow Bistro
                                                 Dr Megan Woods: University of Tasmania

                                                                      Workplace Issues   No. 97   December 2020    9
WORKPL CE issues seasonal worker safety - WorkSafe ...
Summer’s Here
     SAFETY

      Working safely in the heat
      Working in the heat can, quite simply, be hazardous to your           ► ensure workers are not working alone; if they must work
      health and safety. Your body needs to maintain a temperature            alone, monitor them regularly and make sure they can easily
      of about 37 degrees Celsius. If your body starts to overheat or         make contact if they need help.
      has to work too hard to stay cool, you can suffer a heat-related
      illness: conditions ranging from fainting, heat rash, dehydration     Make sure supervisors and workers are trained to recognise the
      and heat cramps up to heat exhaustion and heat stroke, which          symptoms of heat-related illness, and know what to do if they
      can be fatal.                                                         experience it or think a co-worker may be at risk.

      A worker suffering from the heat can lose concentration and           Staying hydrated with water (not soft drinks, tea or coffee) is also
      make mistakes, which can lead to incidents and injuries.              very important. Make sure workers have ready supplies of cool
                                                                            drinking water available.
      Work being carried out for an extended period of time or that
      demands a lot of physical exertion also increases the risk of heat-
      related illness.                                                         Get the guide
                                                                               Safe Work Australia’s guide on Managing the risk of
      Factors that increase the risk of heat-related                           working in heat contains straightforward directions to
                                                                               reduce the risk of you or your workers suffering from a
      illness                                                                  heat-related illness. It includes a risk assessment checklist
      In the summertime, working outside or within a space that can            and a first aid fact sheet which would be ideal to copy and
      heat up, such as a roof cavity, can put workers at risk. Radiant         make readily available to work crews.
      temperatures may be higher when working in the sun on a                  Go to safeworkaustralia.gov.au and search for ‘heat guide’.
      concrete or metal roof, or near hot machinery.

      Minimal air movement in confined or poorly ventilated spaces can
      make workers feel hotter. Humidity makes it harder for a person        WORKING IN HEAT
      to cool down.
                                                                             Working in                                 Number of workers’ compensation claims resulting
                                                                                                                                     from working in heat
                                                                             heat can be
      Ways to work safely
                                                                                                                  1,360
                                                                             hazardous and                                                                       over the ten years
      Employers have a duty of care to ensure their workers are safe         can cause harm                                                                      from 2008–09 to
                                                                             to workers                                                                          2017–18p
      from heat hazards. Workers have a responsibility for their own
      safety and health, and must follow UV protection policies and use                                                       OF THESE CLAIMS:

                                                                                                  1,235 85
      sun protective measures provided.

      You can make modifications to buildings and indoor work spaces
                                                                                                  working in the sun                       working in hot
      to make them cooler (such as ensuring there is good ventilation                                                                      indoor conditions
      and air-conditioning systems). For outdoor workers, control                750                        140
      measures might include:
                                                                                                                                           40
                                                                                 of these                   of these                                          heat stroke
                                                                                 claims                     claims were
                                                                                 were                       heat stroke                                       or heat
                                                                                 cancer                     or heat                                           stress
      ► use plant or equipment to reduce manual work and exertion                related                    stress related

      ► schedule heavy or strenuous work for cooler parts of the day         5 You must do everything reasonably practicable to           5 Different workers may react differently to heat
                                                                                 eliminate the risks of working in heat. Where the risk      conditions.
        (or even cooler times of the year, if possible)                          cannot be eliminated, it must be minimised as much
                                                                                 as reasonably practicable.
                                                                                                                                          5 Heat is not just a hazard when working outdoors
                                                                                                                                             on hot days. Consider the conditions inside your
                                                                                                                                             workplace and what hazards may be present.
      ► modify targets and work rates to reduce physical exertion
                                                                                                                    WAYS TO CONTROL RISK
      ► provide shaded, air-conditioned or cool areas for workers to
        take breaks in
      ► modify clothing so workers wear cooler, more breathable                 Automate processes, use plant                Relocate work to cooler         Where possible, don’t allow
                                                                                equipment to reduce physical                 or air-conditioned areas        workers to work alone
        items                                                                   labour requirements

      ► establish work/rest schedules
                                                                                Modify targets and work rates                Schedule work to cooler         Review rest schedules
                                                                                to account for conditions                    parts of the day/year

10    Workplace Issues   No. 97   December 2020                              For further information see our Potential Hazards and Risks for working in heat fact sheet or our
                                                                             Guide for managing the risks of working in heat
Heat and                                                            UV                safety
Working safely in the sun
Australia has one of the highest rates of skin cancer in the world.    ► provide shade for breaks if it’s not available in the
Each year over 2,000 Australians die from this almost entirely           environment. This might be sheds, caravans, tents, windbreaks
preventable disease.                                                     or portable shade canopies. In some situations, vehicles or
                                                                         public facilities may provide appropriate short-term shelter
Risks of UV                                                            ► provide and maintain equipment needed to protect workers
                                                                         from the sun. This includes long pants, shirts with long sleeves
People who work outdoors are exposed to more UV (ultra violet)
                                                                         and turn-up collars, and hats with broad brims or legionnaire-
radiation than indoor workers, and they have a higher than average
                                                                         style flaps (you can get attachments for helmets and hard
risk of developing common skin cancers.
                                                                         hats), and sunglasses that meet the appropriate Australian
It pays to be careful no matter what the day looks like: sun damage      Standard
is possible on a cool or overcast day, as UV radiation can penetrate
                                                                       ► provide sunscreen of at least SPF 50 that is broad spectrum
some clouds, and may even be more intense due to reflection off
                                                                         and water resistant
the clouds.
                                                                       ► provide information, instruction and training in using these and
Ways to work safely                                                      any other control measures properly to reduce UV exposure.

Employers have a duty of care to ensure their workers are safe
from the hazard of sun exposure. Workers have a responsibility
                                                                       Further guidance
for their own safety and health, and must follow UV protection         Cancer Council Australia has a detailed safety guide ‘Skin cancer
policies and use sun protective measures provided.                     and outdoor work: A work health and safety guide’ and brochure
                                                                       ‘Work outdoors? Use sun protection every day’.
Control measures include:
► plan for outdoor work tasks to be done early in the morning          The guide is particularly detailed and is a great source of
  or later in the afternoon when UV radiation levels are lower.        information for making your workplace sunsmart. It covers risk
  Move work indoors or into shade during the middle of the day         assessment, sun protection policies, training and skin checks; and
  when UV radiation levels are strongest                               has lots of templates and checklists to use.
                                                                       Go to cancer.org.au and search for ‘outdoor work’.

Other summer safety resources
Summer is (hopefully!) the time for outdoor activities, barbecues, bushwalking and the beach. Great fun — but also involving some
risk. Here are some sites to help you stay safe this summer.
► Bush/forest safety: Parks and Forest Queensland Government, parks.des.qld.gov.au: search for ‘visit with care’ for safety when
  bushwalking, camping and enjoying other activities in the bush
► Fire safety: Tasmania Fire Service, fire.tas.gov.au: for how to make your bushfire survival plan
► First aid: RACT, ract.com.au: search for ‘first aid tips’ to deal with stings, bites and other summer nasties
► Food safety: Better Health, betterhealth.vic.gov.au: search for ‘summer food safety’ to avoid food poisoning in the hot and humid
  weather.
► Respiratory health: National Asthma Council, nationalasthma.org.au: search for ‘heathy in the heat’ for managing asthma or hay
  fever in the warmer months
► Water safety: Royal Life Saving Australia, royallifesaving.com.au/tas: for water safety around the home (including pools), on the
  beach, river and when fishing.

                                                                                                Workplace Issues   No. 97   December 2020   11
news
        +
     events

      Tasmania adopts national traffic management guide

      On 1 January 2021, Tasmania will adopt the        • AS 1742:2019 Manual of uniform traffic          Roads, Tasmanian Guide. Removal of this
      national Austroads Guide to Temporary               control devices, in particular Part 3 Traffic   requirement only applies to people who
      Traffic Management. From this date, all             control for works on roads (available at        completed traffic management training (initial
      temporary traffic management must be done           saiglobal.com)                                  or refresher) after 1 January 2017.
      in accordance with the Austroads Guide and        • Austroads Guide to Temporary Traffic
      updated AS1742.3:2019 Traffic control for           Management (available at transport.tas.         Prequalification
      works on roads.                                     gov.au).                                        Austroads has drafted a national
      The aim of the Austroads guide is to improve                                                        prequalification scheme, which sets out the
      traffic management practices and therefore        WorkSafe’s involvement                            process and requirements for companies that
      worker safety at road works sites. It covers      State Growth’s Transport officers will be         wish to become prequalified for the design
      the planning, design and implementation           working closely with WorkSafe Tasmania’s          or implementation of temporary traffic
      of safe temporary traffic management              inspectors to ensure compliance with the          management. Following industry consultation
      practice. It is aimed at road agencies, traffic   above requirements, and providing advice          in August 2020, this scheme should be
      management practitioners, contractors, and        where improvements are warranted.                 adopted in 2021.
      industry.
                                                                                                          State Growth will keep the local industry
      The 2021 adoption of the Austroads Guide          Training                                          updated, as it will be a mandatory
      follows a year of industry consultation                                                             requirement for all works managed by the
                                                        Austroads is currently developing training
      by the Department of State Growth.                                                                  road authority.
                                                        material, which will form part of the national
      State Growth will continue to work with
                                                        training package for improved and consistent
      relevant stakeholders to ensure the guide is
                                                        training outcomes.                                Platform
      successfully adopted in Tasmania.
                                                        State Growth is working with registered           The national training framework and the
      Here is what you can expect in 2021.                                                                prequalification scheme will be supported by
                                                        training organisations (RTOs) in Tasmania
                                                        about delivering the new training package.        a centralised online system. This will manage
      Temporary traffic                                 RTOs will need to be approved with State          prequalified organisations, approved training
      management                                        Growth to be authorised to deliver the            providers and qualified individuals.
      Temporary traffic management practices in         training and provide statements of attainment.
      Tasmania shall be conducted in accordance         RTOs can continue to deliver their current        More information
      with:                                             temporary traffic management training until       For more information go to transport.tas.gov.
                                                        the pending release of the national training      au and search for ‘austroads’. To subscribe to
      • the Tasmanian Traffic Act 1925 and the          package, expected in mid-2021.
         Tasmanian Traffic (Road Rules) Regulations                                                       updates about the Austroads guide adoption,
         (available at thelaw.tas.gov.au)               For anyone trained in temporary traffic           email stateroadswhs@stategrowth.tas.gov.au.
      • Traffic Control for Works on Roads,             management, the requirement for refresher
         Tasmanian Guide 2020 (available at             training every three years was removed
         transport.tas.gov.au)                          from the Traffic Control for Works on

12     Workplace Issues   No. 97    December 2020
safety

                                                                           BE

                                                                                                                     aware
Warning: Asbestos in flooring materials
Some types of vinyl floor sheeting had a soft paper-like backing          Licensed removal requirements depend on the type and amount of
attached to the vinyl during manufacture. This paper backing is likely    asbestos containing material present:
to contain a high percentage of asbestos fibre which, during removal,
                                                                          • you do not need an asbestos removal licence to remove less than
is likely to separate from the vinyl itself. The backing layer remains
                                                                            10 square metres of non-friable (bonded) asbestos
partially attached to the floor and exposed to the environment and
workers. The exposed asbestos is easily crumbled and therefore            • you do need a licensed asbestos removalist to remove over 10
‘friable’.                                                                  square metres of non-friable asbestos and any amount of friable
                                                                            asbestos.
Asbestos-containing vinyl tiles have a much lower percentage of
asbestos, which is bound tightly within the make-up of the tile.
Sometimes these tiles can be easily and wholly removed — but other        More information
times, they need to be chiselled off, which crumbles the tile and again   For asbestos safety information and further practical resources,
increases the risk of exposure to asbestos.                               including the codes of practice How to Manage and Control Asbestos
                                                                          in the Workplace and How to Safely Remove Asbestos, go to
Know the health risks                                                     worksafe.tas.gov.au/asbestos.
Disturbing any amount of asbestos can release fibres into the air.
These could be inhaled or swallowed, which may lead to debilitating
and fatal diseases such as asbestosis, lung cancer or mesothelioma in            If your workplace, home, garage or
later years.                                                                     shed was built or renovated before
Around 4,000 Australians die annually from asbestos-related disease.             1990, there’s a good chance it has
That’s more than triple the annual road toll (source: Australian
Government Asbestos Safety and Eradication Agency).
                                                                                 some asbestos.

Identifying asbestos in flooring materials
If you are unsure whether your building contains asbestos, how much
is present and whether the asbestos is friable or not, ask a licensed
asbestos assessor or removalist for advice. Find these at worksafetas.
gov.au by searching for ‘find a licensed asbestos removalist or
                                                                                  Before you start,
                                                                                 BE aware
assessor’.

Removing asbestos
WorkSafe Tasmania recommends that only people who have been
trained in asbestos removal practice and have access to the required
PPE and removal tools should undertake asbestos removal work.

                                                                                                  Workplace Issues   No. 97    December 2020     13
Spotlight
                                                  on Public Admin
                                                  Each edition we focus on different industries that WorkSafe has identified as priority industries. This
                                                  edition we will throw the spotlight on the Public Administration and Safety (Public Admin) industry
          PUBLIC                                  and the Mining industry.

      ADMINISTRATION
        AND SAFETY
      INDUSTRY SNAPSHOT 2019                      Tasmania’s public admin industry
                                                  Public Admin is a relatively large employer          Workers aged 55–64 years olds reported
                        8%
                    of the total
                                                  in Tasmania. There are an estimated
                                                  18,000 workers in this industry which
                                                                                                       the highest serious injury frequency rate.
                                                                                                       The occupations reporting the most
                                                  is around 8% of the total Tasmanian                  serious injuries were:
                Tasmanian workforce
                                                  workforce. It includes:                              • firefighters and police
                                                  • local government; state government                 • prison and security officers.
                                                      (but not areas such as education and

     12.6          serious injuries per million
                   hours worked
       THIRD HIGHEST OF ALL INDUSTRIES
                                                      health care, for example)
                                                  • public order, safety as well as justice:
                                                                                                       There has been one reported work-
                                                                                                       related fatality in Public Admin in the last
                                                                                                       ten years.
                                                      for example, police, fire fighters and
                   38% higher than the
                       state average
                                                      prison guards.                                   Body stressing, mental stress, and falls
                                                                                                       slips and trips are the top three causes of
                       of
                          9.1                     Public Admin workforce                               injury in this industry.

                                                  Over half of workers in the Public Admin
            Occupations with the highest          industry are over 45, which is higher
                                                                                                       Public Admin resources
            percentage of serious injuries        than the state average of all industries;            Our Public Admin industry web page
                                                  and 73% of its workers are employed full             has links to relevant resources that
                                                  time, which is again higher than Tasmanian           cover hazards such as slips trips and falls,
                            14%                   workers as a whole.                                  hazardous manual tasks, occupational
                                                                                                       violence and aggression, sedentary work,
                                                  The majority of Public Admin workers
                                                                                                       PTSD and more. Go to worksafe.tas.gov.
                                                  are in work in state government (41%)
               Firefighters and Police                                                                 au and search for ‘public admin’.
                                                  followed by local government (16%).

                            14%                   Public Admin injuries
                                                  The industry reported:
                                                  • the fourth highest number of injuries
            Prison and Security Officers
                                                    in 2019, with 810
                                                  • the third highest serious injury
                                                    frequency rate; this was 38% higher
                             12%                    than the state average
                                                  • the third highest number of serious
             Miscellaneous Labourers                injuries; this was 10% of all serious
                                                    injuries in 2019.

14   Workplace Issues   No. 97   December 2020
safety

and Mining industries
All data, unless otherwise noted, is for 2019.
A serious injury is one that results in the worker requiring at least one week of time off work due to
their injury. Injury frequency rates are calculated as the number of injuries per million hours worked.

Tasmania’s mining industry                                                                                            MINING
                                                                                                           INDUSTRY SNAPSHOT 2019

                                                                                                              4
Mining includes the mining of coal, metal            Body stressing, falls slips and trips, and                    serious injuries per million
ore, and construction materials. It also             being hit by moving objects are the top                       hours worked
include quarrying, gas and oil extraction            three causes of injury in this industry.
and exploration.
                                                     Mining resources                                                        56%lower  than the
                                                                                                                                state average
Mining workforce                                     Our Mining industry web page has
                                                                                                                                of
                                                                                                                                   9.1
Mining is only 1% of the total Tasmanian             links to relevant resources that cover
workforce. Almost 96% of workers in                  hazards such as slips trips and falls,
this industry are employed full-time. 48%            hazardous manual tasks, noise, airborne                                     in the last ten
of workers are aged over 45. Metal ore               contaminants and more. Go to worksafe.                                      years the serious
mining is the largest employing group, and           tas.gov.au and search for ‘mining’.                                         injury frequency
it reported the highest number of serious                                                                                        rate dropped
injuries, too.                                                                                                                   overall by
                                                                                                                                           52%
Mining injuries                                                                                                 Occupations with the highest
The serious injury frequency rate for the                                                                       percentage of serious injuries
Mining industry has significantly improved              Industry snapshots
over the last ten years, dropping overall
by 52%. However, the trend has been
                                                        WorkSafe’s Industry snapshot report
                                                        and posters, which these columns                                               28%
slowly increasing again since 2017. There               draw on:
were 4.0 serious injuries per million hours             • survey the WHS performance
worked — 56% lower than the state                                                                                Stationary Plant Operators
                                                          of each industry group
average of 9.1. There were 74 injuries
in the Mining industry in 2019; 18 were                 • identify emerging or existing
serious.
                                                          WHS issues for evaluation and
                                                          action
                                                                                                                                       19%
Who reported the most injuries?:                        • compare most current WHS
• stationary plant operators (28% of                      performance relative to                            Construction and Mining Labourers
  injuries)                                               previous years and, where
• construction and mining labourers                       applicable, to other industries
                                                          across Tasmania.
  (19% of injuries)
                                                        Find your industry’s snapshot: go to
                                                                                                                                       9%
• miscellaneous labourers (9% of
  injuries).                                            worksafe.tas.gov.au and search for
                                                        ‘industry snapshots’.                                     Miscellaneous Labourers

                                                                                                          Workplace Issues    No. 97   December 2020       15
news
                                                                                                                                                 +
                                                                                                                                              events

                                                               Want your workplace
                                                              to be healthy and safe?
                                                                                         Free help is at hand

     Update: Advisory Service
     Since it began in 2007, our Advisory Service has helped small                     The way to wellbeing
     and medium sized business in Tasmania better manage health
     and safety in their workplaces. Our advisors have met with                        ‘As the years have gone on, we have become more involved
     employers — and managers and workers — to help them                               in the education of health as a growing area, both in industry
     improve their workplace culture around safety, and understand                     and educational institutions, as expected by the community and
     their WHS roles, rights and responsibilities.                                     industry alike,’ said Paul.
                                                                                       ‘In the health and wellbeing area, there has been continued
     Helping through coronavirus                                                       demand for information and guidance from our clients,’ said
     The Advisors were busy during COVID-19, helping employers                         Paul. ‘We’re continuing to educate small and medium business
     develop their COVID Safe plans and comply with Public Health                      on the importance of good mental and physical health, and we
     directions. They teamed up with Business Tasmania to do this                      provide the tools (such as time saving and easy to use templates)
     through webinars, and also worked directly with workplaces,                       and support to implement a workplace health and wellbeing
     albeit in new ways.                                                               program.’

     ‘Our consultations have been very different this year, using                      Talk to an advisor today
     all types of media and technology — over the phone, Skype,
     Zoom, Microsoft Teams — and face-to-face when possible,’ said                     To book your free and confidential visit with an Advisor, go to
     Advisory Service Team Leader Paul Kilby.                                          worksafe.tas.gov.au/advisoryservice
     ‘It has been a period of discovery for us and we have learned
     that people were happy to talk with us by any means available,
     which in the early stages of the pandemic I was concerned
     about. I didn’t want to put the team — or individuals at any
     visited workplaces — at any risk, and luckily industry was very
     accepting of that.’
     During the pandemic, the Advisors also worked with Tasmania
     Police, local councils, COVID regional control centres and
     industry groups to keep small to medium businesses informed
     and supported as they continued to operate or as they
     re-opened.

     Moving forward
     The Advisory Service is now resuming work it had put on hold
     during the pandemic.
     ‘Our presentations to schools and colleges, training organisations
     and workplaces with new and young workers are resuming
     again,’ said Paul. ‘This is an important aspect of our work, helping
     students and new workers understand their safety rights and
     responsibilities.’
                                                   Our Advisory Service’s Paul Kilby
                                                              and Shaned Gaffney
16   Workplace Issues   No. 97   December 2020
WELLBEING
                                  rt i n g
                            Suppo

Research shows that Australian men generally fare worse than         ► If you know a man is experiencing a hard time, perhaps go
women when it comes to health. Reasons for this are complex,           for a walk, or talk while doing an activity. Many men prefer
but generally:                                                         talking shoulder-to-shoulder, or while engaged in an activity,
► while women often naturally talk with and seek advice from           rather than face-to-face over a desk or coffee table. Make
  their friends, family and even colleagues about physical and         sure it’s in an informal, relaxed and private setting.
  mental health issues, men are far less inclined to do so           ► Provide easy access to useful information (such as posters and
► men are also more inclined to wait for a health problem to           brochures), so men can find contacts for services on their
  become serious before they seek out help and advice.                 own, or through talking to a key worker or health and safety
                                                                       representative.

The role the workplace can play                                      ► Look for opportunities to bring specific health services to
                                                                       your workplace. This can help raise awareness and make it
Men’s core identity is often closely associated with their job, so     easier for men who need to see a health professional.
work and work relationships play a very important role in the        ► Use Men’s Health Week in June each year to hold events and
lives of working men.                                                  promote health issues and services.
Some industries and trades (such as construction, manufacturing      Remember that not all men are alike, and that different groups
and transport) commonly have a high proportion of male               of men in your workplace will have different needs and health,
workers. So these workplaces in particular are ideal places to       wellbeing and social issues.
raise awareness of specific men’s health issues and to support
their workers to improve their health and wellbeing.
Bringing a health and wellbeing program to your workplace can          Resources
make it easier for men to talk about their health and discuss          The Blokes’ Book has contact details for health services
issues that they may otherwise ignore.                                 relevant to men’s health issues. Find it at the Department of
                                                                       Health’s website at dhhs.tas.gov.au by searching for ‘blokes
Workplace strategies                                                   book’.
                                                                       The Better Health channel has facts about men’s health that
A workplace that supports discussion around men’s issues, and
                                                                       you could incorporate into any information you share with
encourages open and honest conversation among workers, will
                                                                       your workers. Go to betterhealth.vic.gov.au and search for
be more likely to inspire men to look after themselves.
                                                                       ‘men’s health’.
Humour can be a great way to make men feel comfortable about
                                                                       Beyond Blue has information about men, depression and
engaging in health-related conversation, but remember to take
                                                                       anxiety; and how to look out for yourself or a mate. Go to
the issue itself seriously.
                                                                       beyondblue.org.au and search for ‘men in the workplace’
The following strategies may help you encourage the men in             (search just for ‘men’ and find lots of other information, too).
your workplace to start thinking about and improving health and
                                                                       The Men’s Health Week website has posters, brochures
wellbeing.
                                                                       and other resources to download, print and use in your
                                                                       workplace. Go to menshealthweek.org.au.

                                                                                             Workplace Issues   No. 97    December 2020   17
news
        +
     events

                                                                                                   Plumbing company
                                                                                                   convicted and fined
                                                                                                   Machos Pty Ltd (trading as Nu Jet) has
                                                                                                   been fined $50,000 for a Category 2
                                                                                                   offence under the Work Health and Safety

      Abbattoir convicted and fined
                                                                                                   Act 2012.

                                                                                                   The incident
      JBS Australia Pty Ltd was prosecuted and fined $150,000 after a worker fell into a           On 22 January 2018, a worker from
      wash bath filled with hot water, causing serious injuries.                                   Machos Pty Ltd t/a NuJet struck an
                                                                                                   underground extra high voltage electrical
                                                                                                   cable with a pneumatic rock breaker
      The incident                                                                                 while working on the roadway in front
      On 23 November 2016, a worker was performing his normal tasks in the offal/tripe             of 282 Argyle Street North Hobart. The
      room at the JBS Australia Pty Limited plant at Longford. He noticed the tripe had not        subsequent flash ignited oil in the cable,
      fallen through the hole into the cooker, but was still in the chute on top of the cooker.    causing the oil to burn.

      In order to get the tripe into the cooker, the worker tried to dislodge it with a metal      The worker received burns to his face,
      pole. When that was unsuccessful, he decided to try and get closer to the cooker. So he      both hands and torso. He was treated
      climbed up onto the edge of the pre-wash tub (that was full of hot water) and stepped        initially on site and admitted to hospital
      onto the edge of the tub and a basket that was immersed in the pre-wash tub. As he           where he made a full recovery and
      was maneuvering the tripe into the cooker, he lost his footing and slipped into the tub of   returned to work.
      hot water, which was later determined to have been 82 degrees Celsius.
      The worker’s gumboots immediately filled with hot water, causing second and third            Contributing factors
      degrees burns to both his legs from the knees down (including both feet).                    The WorkSafe Tasmania investigation
                                                                                                   found the company:
      Contributing factors                                                                         • failed to undertake an adequate onsite
      The WorkSafe Tasmania investigation found a number of factors contributed to this              risk assessment when circumstances
      incident.                                                                                      changed, and failed to provide adequate
                                                                                                     supervision
      The company had failed to fix the problem of the tripe getting stuck on the top of
      the cooker, even though they were aware of the issue for some time. However, there           • failed to notify TasNetworks of the
      was a ‘work-around’: using a metal pole to dislodge the stuck tripe, which had become          work it was undertaking, so that
      common practice.                                                                               TasNetworks could provide onsite
                                                                                                     supervision.
      There was no risk assessment undertaken of the task, or consultation with workers on
      how this issue would affect them.
                                                                                                   The charges
      The penalties                                                                                Machos Pty Ltd was charged with one
                                                                                                   count of failing to comply with a health and
      JBS Australia Pty Limited was convicted and fined for:                                       safety duty (category 2). It entered a guilty
      • failing to comply with a health and safety duty: Category 2 under section 32 of the        plea and was fined $50,000.
        Work Health and Safety Act 2012 (fine of $130,000)
      • failing to consult with workers pursuant to section 47 of the Work Health and Safety
        Act 2012 (fine of $20,000).

18    Workplace Issues    No. 97    December 2020
safety

About Worker Assist: How it can help you
Who is Worker Assist?                                                 ‘One of our clients told us “Worker Assist was the first place
                                                                      that has helped me. I don’t know what I would have done if
Worker Assist Tasmania Inc is a community legal centre,               WorkSafe had not referred me”, and another told us they were
providing a unique service — only offered in Tasmania — and fills     “in the dark” until they spoke to us — and for the first time
an important role in educating and empowering workers as they         to two years, they felt like they had some perspective on their
navigate the workers compensation system.                             claim,’ said Mylinda.
‘Our experienced team provides free legal advice that is
independent and unbiased; and most importantly we provide             Increasing awareness
support to injured Tasmanian workers,’ said Mylinda Purtell,          Worker Assist also plays an important role in educating
Principal Solicitor of Worker Assist.                                 workers and the broader community on their rights to workers
                                                                      compensation. It does this by visiting workplaces and talking with
How can Worker Assist help you?                                       employers, managers and workers, and speaking at events such as
Understanding the workers compensation system can be                  conferences and training courses, all free of charge.
complicated and confusing — even for the employers and                ‘Education is key to raising awareness of issues impacting workers
lawyers! Worker Assist can help you navigate the workers              who have sustained an injury or illness,’ said Mylinda.
compensation process, and answer all your questions if you’re
thinking about lodging a claim, such as:                              ‘After each training session, it’s pleasing to hear from participants
                                                                      that they have a greater understanding of what’s involved in a
• how do I lodge a compensation claim?                                claim, and of the practical solutions that they can take back to
• I have a workers compensation medical certificate, is that          their workplaces.’
  enough?
• are there any time limits in lodging a claim?                       Crunching the numbers
• how do I give notice of my injury?                                  Since it began operating in 2011, Worker Assist has helped over
• am I an employee?                                                   5,300 clients. It deals with around 1,000 issues each year.
‘Worker Assist can explain what entitlements you’ll receive if you    Since 2016, there has been almost a 30% increase in enquiries
lodge a claim, and how these are calculated, what happens if your     about mental health matters.
claim is disputed, and what happens if you work in more than
                                                                      Around 10% of Worker Assist’s clients come from a culturally
one workplace,’ said Mylinda.
                                                                      and linguistically diverse background; so in 2018–19, it introduced
If you need help with return to work and rehabilitation matters,      a free interpreting service to help these clients lodge claims,
Worker Assist is also here for you. ‘We can help you understand       attend doctors’ appointments and independent medical
your rights as well as your responsibilities; and the role of         examinations, or instruct solicitors to advance their claim.
different people you’ll deal with in the return to work process
— for example, your doctor, the insurer, and injury management        Get in touch
co-ordinator’, explained Mylinda.
                                                                      To find out how Worker Assist can help you:
‘We can also help if COVID-19 has impacted your return to
                                                                      • go to its website at workerassist.org.au
work.’
                                                                      • get in touch through its Facebook or Instagram page
The team at Worker Assist works with its clients to make
                                                                      • call 1300 027 747 (Monday to Friday, 9am to 5pm).
sure that insurers and employers are meeting all aspects of the
worker’s legal entitlements.                                          You can also make an appointment to meet with a Worker Assist
                                                                      staff member in person.
It also provides workers with a space to feel heard, with practical
solutions that empower them in their decision-making process.         Worker Assist acknowledges the WorkCover Tasmania Board, which funds the service.

                                                                                                     Workplace Issues         No. 97      December 2020   19
regular

                            Who can claim for workers compensation?

       Who is a worker?                                                      Full details and definitions
       To be entitled to workers compensation, a person must be a            You can find the full lists of who is included and excluded from the
       worker. A worker is someone who works under a contract of             definition of a worker in our Workers Compensation Handbook:
       service or a training agreement. This includes casual employment.     The Basics; go to worksafe.tas.gov.au and search for ‘GB010’.
       Some people are ‘deemed’ workers under the Workers
       Rehabilitation and Compensation Act 1988. Examples include (but       When is a worker entitled to compensation?
       are not limited to):
                                                                             A worker is entitled to workers compensation if they suffer an
       • volunteer fire-fighters while they are engaged in their volunteer
                                                                             injury or disease that:
          duties
                                                                             • arises out of or in the course of their employment, or
       • salespeople paid by commission
                                                                             • their employment has contributed to by a substantial degree.
       • taxi drivers while they are driving, loading or cleaning their
          vehicle.
                                                                             What can you claim for?
       Who is not a worker?                                                  A   worker may be entitled to compensation for:
       Some people are specifically excluded from the Act, and are           •   weekly payments while incapacitated for work
       therefore not entitled to workers compensation if injured while       •   medical and other expenses
       working. Examples include (but are not limited to):                   •   rehabilitation expenses
       • people employed on a casual basis for a purpose other than the      •   permanent impairment.
          employer’s trade or business
       • outworkers
       • people employed as domestic servants with a private family, who     What is not covered?
          have done less than 48 hours employment with their employer        However, injuries suffered in the following situations are specifically
          when they are injured                                              excluded from compensation:
       • people taking part in approved programs of work for                 • any injury that occurs while a worker is travelling between their
          unemployment payment (work for the dole schemes).                     home and work (unless the injury occurs during a deviation from
                                                                                their normal route that their employer tells, asks or authorises
                                                                                them to make)
       Sportspeople                                                          • any injury that occurs during an absence from the workplace that
       In general, the Act does not apply to people engaged in sporting         was not authorised, directed or requested by their employer
       activities who receive payment simply for playing, training or        • any injury that is caused by a worker’s serious or wilful
       travelling with a sporting body.                                         misconduct (unless the injury results in their death, or serious
       However, if someone is engaged under a contract of service with          and permanent incapacity)
       a sporting body (for example, as a paid coach, umpire or referee),    • any injury that was intentionally self-inflicted.
       they are a worker.
       The Act also covers sportspeople who are paid under a contract of     Disease
       service to perform tasks not related to competition.
                                                                             A worker is entitled to compensation for a disease where their
                                                                             work is the major or most significant factor in their disease.
       Contractors                                                           Some injuries and diseases are contracted by a gradual process, or
       In most cases, independent contractors are not entitled to workers    may not become apparent until sometime after initial exposure or
       compensation under the Act. An independent contractor is engaged      contraction.
       through a contract for services, rather than a contract of service.
       However, there is an exception where a contractor is engaged to       Industrial deafness
       perform work exceeding $100 in value that is not work related
       to a business or trade regularly carried on by the contractor. For    Industrial deafness is the permanent loss of hearing caused by a
       example, a person who usually works as an accountant but is           worker being exposed to industrial noise in their employment.
       engaged to do some gardening. In such circumstances, provided the     A worker is entitled to workers compensation for industrial
       contractor does not sublet the contract or employ any workers,        deafness that occurred after 16 August 1995. They must have
       the contractor is taken to be a worker employed by the person         suffered more than 5% binaural hearing impairment due to
       who engaged them. However, this does not apply if the contractor      industrial deafness since 16 August 1995.
       has taken out their own personal accident insurance.

20     Workplace Issues   No. 97    December 2020
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