The code of conduct includes detail on compliance with laws and regulations (such as harassment and discrimination on the workplace), conflicts of interest, confidentiality and security matters, fairness and equity, contact with the public and media, values of the business and guidelines on general behaviour.
The benefits of a code of conduct include:-
Creating an agreed way of behaving and operating for the entire company;
Improved company performance when linked to the company’s business and strategic objectives;
Good company culture – employees know what is expected of them in terms of behaviour;
Good communication with employees having a framework to look up when faced with difficult decisions;
Having a set of values – having a sense of what the company values are and what the company stands for.
It also can enable your company to stand out from similar companies and show what your company values and believes in. The code of conduct applies to all employees, permanent and casual, and contractors. When someone joins your company they should review and understand and sign off on the code of conduct and therefore agree to comply with your guidelines.
If you have decided to implement a code of conduct in your company you will need to communicate the guidelines to all your team and provide them with training so they understand the expectations. The code should be practised and promoted by management to lead the way for your employees. Once set up the code of conduct should be part of the induction process and discussed with all new employees on joining. The code of conduct is part of your employee handbook and also very useful to keep on the company intranet so employees can access it any time they need to.
It is important to keep your code up to date and therefore it should be reviewed regularly (usually once or twice a year), adding any new policies that have been introduced to the company. Also if your company has grown or changed since the last review you may need to add a section e.g. selling products online, social media – you made need to add detail on acceptable behaviour around new changes.
Is this something that could be an issue at your place? Inspire Success is all about implementing practical solutions that help create high performing workplaces which are customer focussed and free of conflict - no matter what size your business is. Contact Inspire Success for further information raephillips@inspire-success.com
What exactly will OHS Harmonisation mean for you and your business and what will the penalties and fines under the new laws be?
The purpose of the WHS Act 2011 is to harmonise existing Occupational Health and Safety legislation across Australia through the creation of uniform health and safety obligations. Our later article discusses which states will commence this new legislation from January 1st 2012 and which will be delayed.
While dates have been set for commencement it has been announced that businesses will be able to postpone implementing new occupational health and safety regulations by up to twelve months, if the regulations require them having to make significant changes and require a long period of time.
Federal Workplace Relations Minister Chris Evans has stated that Safe Work Australia has arrangements to assist businesses in the transition into the new system on January 1. Evans said the extension would be granted to businesses that have to fulfil the model regulations which subsequently would require the completion of several duties.
The new WHS Act 2011 seeks to:-
Protect workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant
Providing for fair and effective workplace representation, consultation, co-operation and issue resolution in relation to work health and safety
Promote the provision of advice, information, education and training in relation to work health and safety
Provide a framework for continuous improvement and application of higher standards of work health and safety
In this article we will focus on the increase in potential penalties and fines – under the new laws, companies face fines up to $3 million per offence, while individuals face fines of $600,000 or 5 years in jail.
What happens if a serious injury, illness or dangerous incident occurs?
Under the work health and safety laws, incidents such as fatalities, serious injuries and illnesses, and dangerous incidents must be notified to WorkCover immediately, and incident records must be kept for five years.
If you are the person with management of control of the workplace, you must also preserve the incident scene until an inspector attends, or directs otherwise. Render assistance, if it is required, and allow police and ambulance officers to fulfil their functions.
If someone suffers an injury or illness where workers compensation is, or may be payable, contact your insurer within 48 hours.
What is a serious injury or illness?
A serious injury or illness includes:-
an injury or illness that requires immediate treatment as an ‘in-patient in hospital’
amputation
serious head, eye or burn injuries
de-gloving or scalping
spinal injury
loss of bodily function
serious laceration
exposure to a substance, which requires medical treatment within 48 hours
What is a dangerous incident?
A dangerous incident exposes someone to a serious risk, such as:
the uncontrolled escape, spillage or leakage of a substance
uncontrolled implosion, explosion or fire
electric shock
the uncontrolled escape of gas, steam or pressurised substance
falls from height of any machinery, equipment, substance or the like
damage to any plant that requires authorisation in accordance with the WHS Regulations (eg registrable plant)
collapse, malfunction or damage to any authorised plant
the collapse of a structure or excavation (including shoring)
an inrush of water, mud or gas
the interruption of underground ventilation.
How will you be penalised for breaching your duties?
Company
Officers
Workers
Category 1 Reckless Conduct
$3,000,000
$600,000 or 5 years imprisonment
$300,000 or 5 years imprisonment
Category 2 Breach of Primary Duty
$1,500,000
$300,000
$150,000
Category 3 Breach of Regulatory Duty
$500,000
$100,000
$50,000
What is reckless conduct?
A person engages in reckless conduct if they, without reasonable excuse, engage in conduct that exposes an individual under their duty of care to the risk of death or serious injury or illness.
What is breach of primary duty?
A breach of primary duty is when a person engages in actions or omissions that expose others to risk of serious injury/illness.
What is breach of regulatory duty?
A breach of regulatory duty is when a person fails to comply with a duty.
Is this something that could be an issue at your place? Inspire Success is all about implementing practical solutions that help create high performing workplaces which are customer focussed and free of conflict - no matter what size your business is. Contact Rae Phillips at Inspire Success for further information raephillips@inspire-success.com
Last year, a Telstra employee made a successful workers' compensation claim against Telstra because she fell twice while working from home and claimed her injuries occurred in the course of her employment. Telstra were found liable to pay her workers compensation.
As a result of this and other similar cases, many employers have had concerns about allowing their employees work from home. Working from home arrangements don’t have to be to be feared but the risks do need to be managed carefully.
Under NSW OH&S laws, the employer is expected to maintain a working environment, equipment and systems of work that are ‘safe and without risks to health’. That includes your employees working at home. The employees working from home should have the equipment they need just as if they were in the office – a chair, desk, computer, adequate lighting, clear access to exits, a first aid kit and knowledge of safe working procedures.
What do your responsibilities include?
• provide or maintain a working environment that is a safe and without risks to health
• provide or maintain equipment and systems of work that are safe and without risks to health
• provide the information, instruction, training and supervision necessary to ensure the health and safety at work of workers
• make arrangements for ensuring the safe use, handling, storage and transport of equipment and substances.
It is important to put in writing agreed procedures regarding working arrangements particularly regarding hours of work and access (eg. to check that the workplace is safe and that safe systems of work are in place, or to review systems and procedures following an accident).
A workplace assessment / risk assessment of the home environment is another step in identifying health and safety hazards, and deal with them. The person doing the assessment should focus on the part of the home which is used as a workplace - or you can give employees a checklist for self-audit rather than send someone in to tick the boxes.
This checklist – which confirms there is an appropriate desk, chair and lamp, for example, and that electrical cords have been tagged and tested – must be completed and handed back. The idea is that employees who want to work from home would need to complete a self-assessment form and sign up a document that frees you, the employer, from liability in the event of an OH&S issue.
Under NSW OH&S laws the following are some steps to follow when an employee requests working from home:-
Establish whether the duties are suitable for work from home – if special equipment needs to be used or work procedures followed that are not appropriate for home then the job may not be suitable for being done at home;
Establish what equipment will be necessary for the employee to safely work from home – ensure employee’s desk, chair and computer are suitable. Check if any other equipment is needed by the employee. NSW Regulations require that all places of work have a first aid kit. A basic (type C) kit is sufficient for most home-based work situations;
Establish that the home working environment is healthy and safe – ensure there is sufficient lighting, exits are clear, there is a smoke detector, sufficient power points (ensure power points are not overloaded) and if an earth leakage protect device is required;
Establish that the employee who will be working from home has the information and training necessary to do the work safely – ensure they have been trained on safe working procedures to prevent the occurrence of injuries;
Establish agreed hours of work and communication procedures -Establish the days and hours on which work from home can be done and agree on procedures for recording work hours, including actual starting and finishing times (this is important for workers compensation purposes). It is also useful to establish the way in which performance will be monitored and assessed and to establish communication procedures to ensure that appropriate information is passed between the person working from home and his or her co-workers and management;
Revise your workplace rehabilitation program – you may want to include a commitment to provision of suitable duties at the main workplace when this is necessary as a rehabilitation strategy, and to clarify arrangements for monitoring work from home rehabilitation programs.
It is important to monitor your employees working from home arrangements – things change, standards may drop so ensure there is open communication with these employees and a clear procedure where the employee reports any health and safety concerns or any incidents to you.
The Fair Work and Anti-Discrimination legislation allows employees to request flexible working arrangements in certain situations, so as an employer you need to have reasonable business grounds to refuse a request. If you do refuse a request inform your employee of the reasons and document these, keeping all records around this.
At Inspire Success, all our people work from home and we use a home based work agreement to outline who is responsible for what and get the expectations clear from the start.
Is this something that could be an issue at your place? Inspire Success is all about implementing practical solutions that help create high performing workplaces which are customer focussed and free of conflict - no matter what size your business is. Contact Rae Phillips at Inspire Success for further information raephillips@inspire-success.com
The harmonisation of OHS laws across Australia is in process and is being introduced in order to standardise the state/territory based system we have in place at present. The Commonwealth and each state and territory government have agreed to harmonise their work health and safety laws, including Regulations and Codes of Practice, so that they are similar in each jurisdiction.
As you may have heard, the implementation of the new WHS Act is not going smoothly with some regions deciding to implement the new laws at different times rather than the date of 01/01/12 as had been planned for. This will make life difficult for some Australian businesses, in particular those who cross state borders who will be faced with complying with current OHS legislation and then the new legislation.
Update on status of WHS Act in States ACT - Model law passed and expected to commence 1/1/12
NSW - Model law passed and expected to commence 1/1/12
VIC - No law before the parliament. VIC Government has confirmed that it will defer to 1/1/13
Tasmania – Have introduced model legislation to Parliament but date of commencement not confirmed
SA – WHS will be delayed
NT – Model law passed and expected to commence 1/1/2012
QLD – Model law passed and expected to commence 1/1/2012
WA - WHS will be delayed
NSW has confirmed a 1 January 2012 commencement date for the WHS Act, and has approved $550,000 in training grants to get businesses up to speed with the new legislation. Queensland will continue with the 1 January 2012 commencement and has enacted 11 of the new Codes of Practice while amending 24 of its existing State codes. Commonwealth parliament passed the Work Health and Safety Bill 2011, which will cover employers under the Comcare scheme. The Commonwealth legislation will come into effect on 1 January 2012.
While harmonisation is delayed in some states it will happen and will affect your business. However, some businesses can delay the new laws by twelve months. Federal Workplace Relations, Minister Chris Evans, announced in November 2011 that Safe Work Australia has arrangements to help businesses move to the new system from January 1. "The transitional arrangements will apply to the model occupational health and safety regulations and provide delayed commencement of up to 12 months or more where the new laws result in a new or significantly different set of duties," Senator Evans said.
The harmonisation of OHS laws across Australia will be introduced in order to standardise the state/territory based system we have in place at present. The introduction of the Model Work Health and Safety Bill aims to introduce consistent legislation between all states and territories in Australia and will come into effect in on 1 January 2012. For larger organisations with operations across Australia, compliance with the Model Work Health and Safety Bill will remove the complexity of multiple OHS legislative requirements. And for SMEs there are also changes that you will need to be aware of.
For businesses operating in NSW, the key changes will occur in the following areas:
Roles and responsibilities
the term person conducting a business or undertaking (PCBU) will replace the employer and cover more people
the term worker will replace employee and cover more people
the concept of officer will give some people more responsibilities
others in the workplace, such as visitors, will also have responsibilities
Person conducting a business or undertaking
The basic responsibilities of a person conducting a business or undertaking (PCBU) will be similar to the responsibilities of an employer as the legislation stands now. However, from 1 January 2012 the term will include the following groups in addition to employers:
sole traders
bodies corporate
unincorporated bodies
associations
partnerships
volunteer organisations with any employed workers
Workers
Workers is the term that will be used in place of employees. This term has also been broadened to include the following groups in addition to employees:
labour hire staff
volunteers
apprentices
work experience
sub-contractors
contractors
Officers
You will be an officer of a person conducting a business or undertaking (PCBU) if you participate in making decisions (as opposed to just implementing them) that affect a substantial part of their business or undertaking. The term officer includes:
directors of a corporation
chief executive officers
members of boards of management of public authorities
managers of partnerships who are not partners
office holders of unincorporated bodies and associations
Others
Other people at a workplace, who are not classed as PCBUs, workers or officers, will also have responsibilities similar to the responsibilities of an employee under current legislation. These people may be visitors to a workplace.
Consultation
This area will remain largely the same in that consultation will still occur via OHS committee or representative, or by another agreed method. However, consultation will be broadened to cover all workers.
Health and safety committees
OHS committees may remain under the new work health and safety laws, in the form of health and safety committees (HSCs), whose role will be more general and may involve developing health and safety policies or supporting the work of health and safety representatives (HSRs).
If you are a person conducting a business or undertaking (PCBU), you will need to establish a committee within two months if five or more of your workers request one, or if a HSR (see below) requests one. If your workers do not wish to have a committee established, the obligation to consult with all workers remains.
Health and safety representatives
Under the new work health and safety laws, health and safety representatives (HSRs) will replace OHS representatives, with their role remaining largely the same. However they will have a greater role to play in consultation as they are the main point of contact between the workers and the person conducting a business or undertaking (PCBU).
PCBU’s must provide a HSR if workers request one however if workers do not wish to be represented by a HSR the obligation to consult with all workers remains.
If you would like more information or assistance to prepare for the new OHS legislation please contact Inspire Success on 1300 620 100.
In the aftermath of the shocking natural disasters occurring all over Australia, there are 5 important issues employers should consider:
1. Occupational Health and Safety. Flood conditions bring additional health and safety risks that you may not have factored in to your standard OHS procedures. In an emergency situation, such as a flood, you should consider the following questions:
Is it safe for your employees to travel as part of their work?
Can your workplace be accessed safely?
Are there any other risks the emergency has posed to my workplace? (For example, has flooding damaged electrics or electrical appliances?)
After considering these questions, you must make sure that you don't place your employees in any situation that may pose a risk to their health and safety.
2. Leave Entitlements. Given the emergency nature of the floods, you may wish to consider granting your employees annual or long service leave.
You may also get requests from employees who want to cash out their annual or long service leave. To find out if you can do this, contact us.
Also, you must remember that under the National Employment Standards (NES), an employee who is a member of a recognised emergency management body can take unpaid leave to engage in an eligible community service activity. The duration of the absence allowed is not specified in the Fair Work Act, but it must be reasonable considering:
the time the employee is engaged in the activity;
reasonable travel time associated with the activity; and
reasonable rest time immediately following the activity.
3. Employees working from home. If you have employees who are conducting their work from home as a result of the floods, you must remember that you are still responsible for their health and safety. You should also consider things such as insurance, confidentiality and the reimbursement of costs (for electricity etc.). If you don't yet have a working from home policy in place, then you should consider implementing one.
4. Employee counselling. Many employees may be psychologically affected by the impact of the floods. As a result, you might like to consider offering your employees access to an Employee Assistance Program (EAP). If you don't have such a program in place already, visit www.eapaa.org.au to find out where your closest providers operate.
5. Standing down employees. Businesses that can't operate as a result of the floods may have a right to stand down employees without pay. For example, if you are forced to temporarily close your business (due to safety reasons, power outages or because access to your premises has been cut off), you may be able to stand down your employees without pay.
Even if your industrial instrument or contracts of employment do not contain stand down provisions, you may rely on the stand down provisions in the Fair Work Act (sec. 524) if you are a national system employer.
This section of the FW Act provides that an employer can stand down employees without pay if they can prove that the workplace was closed for something they could not reasonably be held responsible for. Closing a workplace because it is flooded or because there is no access to it would be considered something an employer could not reasonably be held responsible for.
If you conduct a stand down in accordance with all the terms under the Fair Work Act, then you do not have to pay wages to your employees for the duration of the stand down. However, if your business is operating, but some of your employees are unable to attend work (i.e. because of road closures etc.), then the right to stand down your employees is not available.
Remember, the fact that you have been financially disadvantaged as a result of the floods does not relieve you of your duty to pay wages to employees - you either need to pay employees or stand them down. There is no option not to pay wages because you cannot afford to do so.
Inspire Success is providing obligation free staffing support to any businesses affected by floods.
If your business has been affected by floods and need some advice or are wondering what your employer obligations are in this situation, please contact Inspire Success on 1300 620 100.
Inspire Success acknowledges Portner Press Pty Ltd for this article
Given that a new year has just begun, what better time is there to make some business resolutions?
Here's a good one to start you off - a new year the perfect time for you to review your workplace practices and make sure they're legally correct and up-to-date.
Here are some aspects of your business practices you must review at the beginning of each year:
1. Your Workplace Policies.
Remember, having clear and legally correct workplace policies (such as workplace bullying policies, drug and alcohol policies and e-mail and internet usage policies) can help you guide the behaviour of your employees and help you avoid being held liable under various types of legislation. It is essential that you review and update your policies on a regular basis.
2. Your Awards, Agreements and Employment Contracts.
Are you sure that all of your employment agreements and contracts are 100% up-to-date? Remember, amendments may still need to be made as a result of the new Fair Work Act. To avoid liability, it is imperative that your awards, agreements and employment contracts are legally correct.
Need a hand with updating your policies, contracts and agreements? Click here for more information.
3. Your OHS Procedures.
Make it a priority to review all your OH&S procedures at the beginning of each year and check they are running smoothly. You could even consider conducting a few drill tests to make sure your employees are completely clear about what to do in an emergency situation.
Need help ensuring your business's OHS practices are up-to-date? Click here for more information.
Please call Inspire Success on 02 4356 1767 if you need some more information.
Unlike other health hazards in the workplace, stress may not be easy to detect. Managers may see it as a potential problem but have so many other responsibilities they 'push it under the carpet'. This could be a major stressor for them!
Likewise staff may worry that they cant fix the problem or that it is a failure to cope on their part.
Either could lead to a breakdown in the communications vital to the support and maintenance of good teamwork, potentially setting your business up for accidents and injuries, workers compensation claims, complaints from customers and costs attributed to high staff turnover.
Be aware of these signs:
* An increase in overall sickness absence – especially frequent short absences
* Poor work performance – less output, lower quality of work, poor decision making, poor timekeeping, increased occurrence of accidents
* Relationships at work – poor relationships with colleagues and clients, bullying, harassment, conflict
* Employee attitude and behaviour – poor timekeeping, loss of motivation or commitment, working long hours but with decreasing effectiveness
While each individual’s response to stressors is unique, some common symptoms are obvious
Behavioural – withdrawal, hostility, eating disorders, increasing use of coffee, alcohol, drugs or tobacco, poor concentration, poor judgement, loss of creativity, making more mistakes, being too busy to relax, absenteeism;
Emotional – loss of confidence, lack of self esteem, anxiety, frustration, anger, apathy, worry or anxiety, depression;
Physical – difficulties in sleeping, frequent and unspecified aches and pains, digestive problems, exhaustion, nausea, lowered resistance to minor illnesses.
Displaying some of these symptoms does not automatically indicate that a person is experiencing stress, but they do point to such a possibility.
Welcome to Inspire Success and a new way of looking at your people practices. Contact us now to see how we can help you gain a competitive edge through your people.
Inspire your people and get Success in your business!
Rae Phillips, founder and Director of Inspire Success shares tips, tricks and FREE articles on how to get the most from your biggest asset - your People!
Sign Me Up Now!
Let us help you make managing staff EASIER! What do the great Leaders do differently to the rest?
Have a look at my blog to see what discussion has been created: