Tag: employment law

Employer and individual liability for workplace safety

LAST week I spoke about an employer’s duty to manage risks to the mental health of its workers.

Of course, an employer must also manage risks to their workers’ physical safety.

If they fail to comply with their obligations, the employer is at risk of being prosecuted by Workplace Health and Safety (“WHS”). This may include the individual with responsibility for the employer entity.

If you look at the statistics published by Safe Work Australia in 2016-2017 in relation to WHS prosecutions and outcome, there appears to be trend of increased financial penalty and individual liability.

This is evidenced by the fact that, despite a 24 per cent decrease in the number of legal proceedings resulting in a conviction, order or agreement, there has been an 8 per cent increase in the value of fines awarded by Australian Courts. In addition to the above, over the past six months there have been two instances of Australian Courts sentencing an individual to a term of imprisonment following a fatality in their workplace.

The first was a 72-year-old self-employed scrap metal business owner in Victoria who was sentenced to six months in prison. The second, a director of a Brisbane roofing company who was sentenced to one year in prison.

Employers who think they won’t be prosecuted or are sheltered from personal liability should think again. Is safety a primary focus in your business? It should be.

Until next week – Keep it Legal!

Katie Caldow
kcaldow@walkerpender.com.au

*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.

Mental health in the workplace

AN EMPLOYER has a duty to manage risks to the mental health of its workers. It arises under both common law and Queensland legislation, primarily the Work Health and Safety Act 2011.

If you are an employer you need to ensure your workplace is mentally healthy and that you are adequately managing risks within your organisation to the mental health of your workers.

According to Workplace Health and Safety Queensland, “one in five adult Australians experience a mental health condition in any given year and workers who feel their workplace is mentally unhealthy are three times more likely to take time off work than those in mentally healthy workplaces”.

So the benefits of ensuring a mentally healthy workplace are not just for the benefit of workers; there is a flow-on commercial benefit in reducing absenteeism.

Employers play a big part in helping to break down the stigma that is still largely associated with mental health.

They also need to be complying with their legal obligations in this area.

An adequate management system should include proactive measures to manage risks to mental health arising from the employment (for example, fatigue, bullying, work-related stress etc.) as well as support and promotion of positive wellbeing and health practices and the provision of adequate support mechanisms.

There is no time like the present to consider the current risks to mental health within your organisation and whether your management systems are adequate.

Until next week – Keep it Legal!

Katie Caldow
kcaldow@walkerpender.com.au

*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.

Household Worker insurance?

AS BUSY individuals, we sometimes pay cleaners, babysitters, gardeners and others to help us at home. There is a common misconception these people are always contractors, as opposed to employees. But that may not be the case.

You have a duty of care to entrants on your property to take reasonable steps to avoid exposing them to risk of injury. If an entrant is injured on your property, then, assuming you have public liability… insurance, the policy will usually respond to any injury claim. However, public liability insurance does not cover employees injured during the course of employment, which would leave you personally liable (the amount could be significant).

You should consider if your workers are properly characterised as contractors or employees and what, if any, compulsory insurance obligations you might have.

The Australian Taxation Office provides a tool, the “Employee/contractor decision tool”, which can assist in characterising a worker as an “employee” or “contractor”. If employees, consider whether they meet the definition of household worker under the Workers’ Compensation and Rehabilitation Regulation 2014, which is “a person employed solely in and about, or in connection with, a private dwelling house or the grounds of a dwelling house”.

If you employ a household worker, you must have workers’ compensation insurance. WorkCover Queensland offers a specific Household Worker insurance policy with a $50 premium for two years.

Consider your individual circumstances and seek advice if needed.

Until next week – Keep it Legal!

Katie Caldow
kcaldow@walkerpender.com.au

*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.