четверг, 9 октября 2014 г.

Австралия (охрана труда). Мероприятия по охране труда при организации досуга работников


Health & Safety Bulletin
Home | About UsTwitter LinkedIn

6 tips for organising safe social activities
Thursday, 9th October, 2014, by Joanna Weekes
In today's Health & Safety Bulletin:
  • 6 tips for organising safe recreational activities
  • Case Study: Personal injury claim for a work-related sporting activity
Dear Reader,
Social activities organised by your business, such as sporting matches and other friendly competitions, can be a great way to help your workers bond outside of work.
However, if you have organised an activity for your workers, the duty of care you owe your workers under health and safety legislation will extend to these work-related activities.
The key test of whether the function or activity is work-related is whether a reasonable person would consider that the business has endorsed or supported the activity.
Different activities carry different levels of risk and you need to be aware of any potential hazards and take steps to minimise the risks before the activity takes place.
That doesn’t mean you should avoid organising social activities for your workers.
6 tips for organising safe social activities
Here are some tips for organising work-related activities:
  • identify potential hazards associated with the activity;
  • assess the risks posed by those hazards;
  • implement control measures to reduce or eliminate the risks;
  • ask workers to disclose any injuries or medical conditions that might make them unfit to participate;
  • have workers sign a waiver form prior to participating saying that you will not be held liable for any injuries they suffer as a result of the activity; and
  • if the activity is taking place outdoors, encourage your workers to be sun smart and to keep hydrated. You should also ensure your workers have access to shelter in case of bad weather.
Never pressure workers to participate in a work-related activity. Make it clear that participation is voluntary.
Below, Michael Selinger, Editor-in-Chief of the Health & Safety Handbook, will discuss a recent case in which a worker has made a personal injury claim for an injury suffered during a sporting match organised by his employer. Follow the advice above to make sure your business doesn’t end up in a similar situation.
Just before we get to that, have you checked out our brand new e-Book, How to Develop a Safe Operating Procedure yet? It will walk you through this essential process from start to finish, and all in simple, easy-to-understand terms. Click here to find out more.
See you next week,
Joanna Weekes
Joanna Weekes
Editor
Health & Safety Bulletin
.................................................Advertisement.................................................
Any process that may pose a safety risk in your workplace must have a safe operating procedure.
...........................................................................................................................
Case Study: Personal injury claim for a work-related sporting activity
By Michael Selinger
Editor-in-Chief, Health & Safety Handbook
A recent personal injury claim in Victoria raises the issue of an employer’s duty of care when it comes to social activities undertaken by its workers.
An employee at the State Emergency Service (SES) broke his collarbone while taking part in a friendly game of cricket organised by his employer. The game was being held in a Melbourne City Council park and the employee sustained his injury when he stumbled over a park bench while attempting to catch the ball.
The injured worker has brought negligence proceedings against his employer, alleging that the SES should have done a risk assessment of the park and drawn up a work safety plan before putting on the friendly match. He also alleged that the SES should not have allowed the game to be played on that particular council reserve because the ground is uneven and the park is bounded by a busy highway. The case has not yet been finalised.
Although this case involves a claim for personal injury damages, it raises the issue of the steps required by a business to ensure work-related sporting or social activities are safe in order to fulfil their duty of care under health and safety laws.
The sporting activity was an event arranged by the SES for its employees, and was held at a location chosen by the business. Therefore, under health and safety legislation, the business had an obligation to take reasonably practicable steps to ensure that both the location and the activities organised for the day were safe.
How the employer could have minimised risks
Some steps that the SES might have considered taking before allowing its employees to play at the park include:
  • reviewing the hazards posed by the park benches with a view to instructing its workers to only play within a confined area which the SES deemed to be safe; and
  • implementing a level of supervision to ensure that any ball game was only conducted within that safely deemed area.
If the worker in question ran outside of that safe area and put himself at risk, the business may have been able to rely on the reasonable steps that were taken as a defence to any investigation or prosecution.
Warm regards,
a
Michael Selinger 
Editor-in-Chief
Health & Safety Handbook


Like the Health & Safety Bulletin? Check out our other free bulletins:
Workplace BulletinWorkplace BulletinGet the very latest employment law tips, ideas, news and practical advice sent straight to your inbox. Click here to sign up now.
Self-Managed Super Fund
Self-Managed Super Fund Bulletin
Receive all the information, ideas and tips you need to manage your own super fund. Click here to sign up now.

Please whitelist the Health & Safety Bulletin to make sure you get every edition delivered to your inbox.
The information in this email is intended solely for the addressee. Access to this email by anyone else is unauthorised. If you are not the intended recipient, please return the message to the sender and delete it from your records. All content is © 2007-2013 Portner Press Pty Ltd All Rights Reserved.
Disclaimer: We research our recommendations and articles thoroughly, but disclaim all liability for any inaccuracies or omissions found in our publications. Click here to view our Privacy Policy and Terms and Conditions.
Queries: For general enquiries, email cs@portnerpress.com.au or call 1300 782 911.
Health & Safety Helpdesk: Paid subscribers to the Health & Safety Handbook can ask our experts for advice.
Syndication: To republish an Health & Safety Bulletin article, please email cs@portnerpress.com.au for information.
Health & Safety Bulletin ISSN 1837-6533
Portner Press Pty Ltd
96-98 Bridport Street
Albert Park VIC 3206
Australia