Failure to supervise is an indictable offence.

admin • January 28, 2025

Section 21 of the Victorian Occupational Health and Safety Act 2004 - Duties of employers to employees dictates that employers must provide ‘supervision to employees as is necessary to enable those persons to perform their work in a way that is safe and without risks to health’.

Failure to do so is an indictable offence.

Who must be supervised?

It is the legal responsibility of the employer to provide supervision in order to ensure workers are following safety instructions and working safely – but who does this include?

The legal obligation to supervise extends to any person to which the employer has a duty to provide a safe workplace. This includes:

- Direct workers – full time, part time, or casual

- Labour hire workers

- Independent contractors

- Employees of independent contractors

Who can be a supervisor?

In order to effectively supervise workers, the designated supervisor must be competent and trained to carry out this role. Before undertaking a supervisory role, the person should:

- Be trained in OHS legislation

- Be trained in workplace policies and procedures

- Understand all the obligations under OHS laws

- Understand what the workers’ experience and skills are

- Understand the tasks being carried out and what safety requirements apply to these tasks

- Understand the level of training required for workers to safely undertake these tasks

- Have authority to make decisions and act on OHS issues immediately

- Be resourced to carry out their OHS supervisor obligations effectively and meaningfully

The supervisor should not only receive training before becoming a supervisor but should also attend regular refresher training.

Do you want to know more about supervision and whether your workplace is meeting its’ legal obligations? Take a look at Safety supervision: Creating an environment for effective supervision | WorkSafe Victoria

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Is workplace safety a social justice issue?

By admin • February 11, 2025

Is Work Safety a Social Justice Issue? The 20 th February has been named The World Day for Social Justice. But is Work Safety a Social Justice Issue? When certain groups face disproportionate risks due to factors like systemic inequalities, unsafe working conditions become a social justice concern. For example, certain demographics (such as racial minorities or low-income workers) often experience higher rates of workplace injuries and illnesses due to systemic disadvantages. Poor work safety practices can lead to significant health disparities, further emphasizing the social justice aspect. Unequal power dynamics between employers and employees can prevent workers from raising concerns about safety issues, perpetuating unsafe conditions. The right to a safe workplace is a fundamental human right – but not all workers are treated equitably in the protection of their health and wellbeing. To read more about the World Day For Social Justice, visit World Day of Social Justice | United Nations

Heatwaves as a work hazard.

By admin • February 4, 2025

When there is a heatwave, it can introduce temperatures which are a new hazard not normally experienced in a workplace. As always, the employer must eliminate or minimise risks as far as reasonably practicable. That means that when conditions change, it’s time to do a risk assessment and put new controls in place. There is no single ‘stop work’ temperature. Various factors need to be taken into account which include humidity, air flow and the type of work being performed. Heatwave conditions create a work-related risk in the form of heat stress and fatigue. But there are various ways to control the risk. Things to consider may include: working in the cooler part of the day moving work to a different location limiting tasks which require higher physical effort during the hotter period changing work expectations and allowing workers to self-pace their work ensuring access to cool water - and rehydration electrolytes if required providing shade air conditioning or fans if possible ensuring workers are not working in isolation ensuring supervision is in place taking into account more vulnerable workers - for example those who may be young, pregnant, suffer an illness, etc training workers to ensure they understand the risk and how to recognise symptoms ensure first aid and medical assistance is available Remember that the risk posed by heat is not just limited to outdoor workers. Indoor workers can be exposed to unsafe working conditions too - including high temperatures, thermal radiation and humidity. As with all hazards - when considering what control to put in place, the usual hierarchy of control should be used – with elimination being considered first. If this can’t be done, then consider substitution, followed by isolation/ engineering controls, then administrative controls and finally PPE as the last option. As always, the effectiveness of the controls should be monitored and reviewed. Health and Safety Representatives (HSRs)s can be proactive in this area by consulting with the employer and attempting to resolve the risk. If there is an immediate risk to health and safety, then they can direct a cease work. HSRs play an important role in ensuring a safe workplace – and this includes during heatwave conditions.