Why is overtime often included in post-13 week calculations for workers’ comp claims?
This question is often asked when LGIS members receive the post-13 week calculation of weekly payments for workers’ compensation claims.
Members should remember that if they already have good risk management and safety practices in place there will be minimal impact from the legislative changes on their day to day operations. The legislation has further formalised an employer’s safety responsibilities which in some areas were implied but not explicitly stated in previous legislation.
One of the key incoming changes includes the definition of ‘employees,’ as well as an expansion of the ‘employer’ concept.
Both of these will affect local governments who engage or manage volunteers – including bushfire volunteers.
The WHS Bill 2019 was passed by the legislative council on 21 October 2020, however will not commence until proclamation. The regulations are to be finalised before proclamation occurs with work on the WHS regulations progressing through 2021.
On proclamation, the Act will apply to all local governments, replacing the existing Occupational Safety and Health Act 1984 (WA) and associated regulations.
This question is often asked when LGIS members receive the post-13 week calculation of weekly payments for workers’ compensation claims.
The LGIS member services team comprises of five dedicated account managers with a portfolio of members. This means each member has one account manager – so you know who you’re speaking to and we know your organisation.
Cybercrime is by no means new. But now, attackers are getting even more sophisticated – targeting operational technology (OT) infrastructure. From tampering with production lines to meddling with water treatment plans, these attacks can have grave consequences.
The benefits of volunteering have reciprocal effects on the volunteers as well as the organisation. Volunteering can improve self esteem, promote learning, facilitate social interaction, and enable the expression of personal values.
From an organisation’s point of view, volunteer management is based on the same principles as managing paid staff, the only difference being that volunteers are unpaid.
While not all local governments have volunteering programs, many do – and volunteering plays a vital role in a majority of WA local governments.
27% of Western Australians over the age of 15 are involved in some formal volunteering program, while just over 33% are informal volunteers.
Volunteering WA conservatively estimated the socio-economic and cultural value of volunteering to Western Australia in 2015 was around $39 billion, though naturally, during the initial phases of the COVID-19 pandemic in Australia volunteering rates dropped by 65.9%.
It is important that volunteers are incorporated into your existing safety framework. Having a framework in place allows for monitoring of volunteers, their experience, and training, as well as ensuring relevant information on policies and procedures is shared.
It’s important to remember that ‘good practice’ goes beyond compliance. Local governments utilising volunteer services must regard the specific needs of their volunteers in preparing them for duties whilst taking care to create and maintain a safe work environment.
Under the current Occupational Safety and Health Act 1984 (WA) organisations must, as far as reasonably practicable, ensure non-employees (including volunteers) are not harmed as a result of work carried out. The WHS Act does not change this requirement.
The incoming WHS Act will extend the same duty of care requirements employers have to workers onto volunteers.
“a person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of –
(a) workers engaged, or caused to be engaged, by the persona; and
(b) workers whose activities in carrying out work are influenced or directed by the person,
While the workers are at work in the business or undertaking.”
While the legislation doesn’t set out specific steps on how to be ‘reasonably practicable’ in ensuring the safety and health of volunteers (as this depends on the circumstances of each case), generally it would be reasonable and practicable to:
Many WA local governments manage volunteer bushfire brigades. The role of these volunteers is valuable and important to our local communities, but the very nature of the work can pose unique hazards.
Under the WHS Act, bushfire volunteers (and volunteers in general) are considered in the same context as a worker. Therefore the information in this article also applies to bushfire volunteers.
For more information on managing bushfire volunteers or general enquiries regarding bushfire volunteer health and safety, please contact Emma Horsefield, LGIS Safety Program Manager, on 0407 957 932 or [email protected]
The 2020 WHS Act changes the definition of a ‘worker’ as it applies to work, health and safety legislation. This has caused confusion for some people regarding its impact on workers’ compensation.
It must be remembered that workers’ compensation is governed under a separate act – Workers’ Compensation and Injury Management Act 1981 (WA). For workers’ compensation purposes the definition of a worker is different to WHS. To meet the definition of a ‘worker’ a person must provide a service that an industrial award or agreement applies to OR be engaged under a contract of service for which they receive remuneration.
In short, workers’ compensation does not apply to volunteers.
There has been some uncertainty around how the WHS Act and associated regulations will impact elected members, particularly around the application of section 4, which excludes local government members in the definition of an ‘officer’.
This does not remove an elected member’s obligations from elsewhere in the Act, and whilst they may not be considered an officer or worker, they are considered an ‘other’. For the purposes of their specific individual duty, section 29 provides a duty of other persons at a workplace.
For an elected member to discharge their duty under section 29, they must:
So in practice, when an elected member fulfils their obligations in that role, including when interacting with local government and participating in discussions and decisions for the local government, it is incumbent on them to consider the above.
PCBU is replacing the term ‘employer’ and is a person conducting a business or undertaking. Workers are not considered PCBUs.
An officer is a person who has significant decision-making abilities and financial control over a PCBU (local government) or a substantial part of a PCBU.
An officer has the authority within the local government to direct others, make system and process changes, access and allocate resources not normally accessible by workers.
A person is a worker if they carry out work in any capacity for a PCBU and includes:
A workplace is anywhere work is carried out as part
of doing business and includes any place where a worker will be while performing their duties.
A workplace also includes (but is not limited to) a:
Whilst existing legislation stipulates an organisation must manage psychological hazards, this has been extended within the WHS Act.
It is a requirement to include psychological health as part of the hazard and risk identification and control processes.
The PCBU is required to have processes and systems in place for identifying, risk assessing and developing risk mitigation strategies and controls for any potential psychological health risks to workers.
Consultation is key to having a successful safety system, mirrored by positive safety behaviour. A PCBU must consult with workers who are likely to be directly affected by a matter relating to work health or safety.
There should be agreed processes and procedures between the PCBU and the workers on how this consultation will occur.
The consultation process may include the following elements:
Due diligence obligations require officers to:
– Acquire and keep up to date knowledge of safety and health matters
– Understand operations of the business and associated hazards and risks
– Ensure the provision of resources and processes to identify, eliminate or control risks to health and safety
– Ensure appropriate processes are in place for receiving and considering information regarding incidents, hazards and risks, and responding to that information in a timely manner
– Ensure processes for complying with any duty or obligation placed on the organisation under the WHS Act
– Verify the provision and use of resources and processes referred to above
We understand the incoming legislative changes can seem overwhelming – but LGIS is here to help.
If you have any questions, please contact the LGIS WHS team on [email protected] or your regional risk coordinator.
The PCBU has a primary duty of care to ensure, as far as is reasonably practicable, that the health and safety of persons is not put at risk from work conducted as part of the business or undertaking.
The PCBU does this by, so far as is reasonably practicable:
A safe system of work is a documented process that sets out the task to be completed, all the hazards associated with that task, how the hazards are controlled and what PPE or safety equipment is required.
No. Volunteers that are deemed to be part of a volunteer association are not covered by the WHS Act.
Volunteers from associations are owed the same WHS duties as members of the general public.
Volunteers have the same WHS duties as a worker. They must take reasonable care of their own safety and take care not to affect the health and safety of any other person through their actions. They must report hazards and incidents as they become apparent. Volunteers must also comply with any reasonable instruction and with workplace safety rules, policies, and procedures.
Yes, all volunteers require some level of health and safety training as any other worker in order to perform their duties without harm. The level of training must be commensurate with the level of assessed risk associated with the tasks they perform and the environment in which they perform it in. All volunteers need to receive a health and safety induction when they commence work.
The induction introduces the new volunteer to the workplace and should as a minimum contain an overview of the workplace; a description of the work to be performed; safety policies, procedures, and work instructions relevant to the work; reporting and consultation requirements; emergency contacts; safety and emergency response equipment; muster points; and known hazards associated with tasks and how they are controlled, including instruction in the use of PPE if required.
Yes, the local government needs to provide the health and safety PPE resources to volunteers to address the risks.
This includes bushfire volunteers.
Yes you can, this would likely be in line with your local government’s code of conduct.
Volunteers should be reminded that there are health and safety procedures in place to protect them while they are volunteering for your local government.
Further information on managing WHS for volunteers is available from SafeWork Australia at
https://www.safeworkaustralia.gov.au/topic/volunteers
Or from Volunteering Australia at
https://www.volunteeringaustralia.org/resources
With the introduction of the Workplace Health and Safety (WHS) Act 2020 (the Act), there are changes to the workplace health and safety laws in Western Australia – but what does this mean for you?
As we reflect on the year that was, we value your continued membership and we understand that one of the most significant exposures to local government is ensuring long-term reliable access to relevant and tailored risk financing and risk management support.
Hand-arm vibration (HAV) is the vibration transmitted to a person’s hand and arm when using hand-held power tools.
LGIS is the unifying name for the dedicated suite of risk financing and management services for WA local governments, established by the WA Local Government Association in conjunction with JLT Public Sector (part of the Marsh group of companies). LGIS is managed by JLT Public Sector (ABN 69 009 098 864 AFS Licence 226827).
Risk Matters, via this website, is designed to keep members, their staff and elected members informed on topical risk management and insurance issues and LGIS programs and services.
