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Providing a Safe Working Environment

Providing a Safe Working Environment
Compliance to s.21(1) & 2(e) of the Occupational Health and Safety Act 2004 Many Victorian employers who have been prosecuted by WorkSafe Victoria have failed to meet their occupational health and safety requirements pursuant to s.21(1) & 2(e) of the Occupational Health and Safety Act 2004 in providing and maintaining so far as is reasonably practicable, a working environment that is safe and without risks to health for their employees as well as providing such information, instruction, training or supervision to employees as is necessary to enable them to perform their work in a way that is safe and without risks to health.

This is reflected in a recent WorkSafe Victoria prosecution. Presently Victoria has many students from overseas who are studying here and working part time. Many have limited English, so employers need to make an extra effort to ensure the employee is not exposed to risks or exposing others to risks. This may require taking extra time and effort in using a translator to ensure the employee is aware of their rights and responsibilities for workplace health and safety and in providing the necessary training, instruction, supervision and information to enable them to work safely.

Mondello, a Murrayville based potato farm was fined $40,000 pursuant to s.21(1) and 2(e) of the Occupational Health and Safety Act 2004 for not giving clear instruction, training and supervision to an employee using a telehandler. The incident which occurred in 2008 involved a Mondello employee who was a student with limited English on a study visa to Australia, losing control of the telehandler and hitting a truck driver contracted by a company to transport potatoes. The Mondello employee was moving the unloaded telehandler to a different farm site after watching a five minute demonstration on how to operate it. The worker had never previously operated a telehandler and the demonstration was provided by another employee who had no formal qualifications or training to operate a telehandler, or instruct others on how to use it.

The Mondello worker lost control of the telehandler while attempting a turn, hitting the truck driver, who sustained several broken bones in his right foot, lacerations to his elbow and head, and was required to stay in hospital for a week. There was no attempt made to arrange for another employee to interpret the operating instructions. The only instruction the Mondello employee received, was from someone who wasn’t even licenced to use it. (Source: WorkSafe 27 May 2010).

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