new whs guidelines fact sheet on covid-19 and workplaces … · 2020. 4. 3. · phone: (07) 3010...

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WHS guidelines on COVID-19 and workplaces FACT SHEET For further information, contact the QCU via: Email: [email protected] Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces COVID-19 queenslandunions.org About these Guidelines These Guidelines have been produced to assist affiliate unions, Health and Safety Reps and workers to manage the risk of expo- sure to COVID-19 in essential workplaces. It relies upon the processes and procedures to manage the risk of any type of work health and safety hazard under the Work Health and Safety Act and the Work Health and Safety Regula- tions. Other information for workers who are required to work from home can be found in the QCU Fact Sheet on Working from Home or from the Queensland Unions Workers Rights and Re- sources page. Please note: the QCU/SafeWork is able to provide training in the use of the Guidelines or to provide training resources for unions internal use. Please contact us to discuss your needs. Table of Contents General Legal Obligations ..... 2 Person Conducting a Business or Undertaking ..... 2 Other duty holders ................ 3 Workers ..................................... 3 What is the duty of care? ........ 3 Requirements for Consultation ......................... 4 Shared Duties............................. 5 Risk Management Cycle ......... 5 COVID-19 is a Workplace Hazard .................... 6 COVID-19 and symptoms .... 6 Risk Assessment ....................... 7 Workers at higher risk .......... 7 Identify the hazard .................... 8 The Hierarchy of Controls ...... 9 Elimination ................................ 9 Minimise risk............................ 9 Substitution ................................. 11 Administrative Controls .......... 12 Personal Protective Equipment (PPE) ....................... 12 Control Measures..................... 12 Information, Instruction & Training ........................................ 13 Roles, Rights, and Actions Parties can take ...................... 13 What can a HSR do?........... 13 What can a worker do? ...... 14 What actions can a union organiser take? ........ 14 Rights of WHS entry permit holders...................... 14 Issue Resolution .................. 15 Contacts.................................... 16 Further Information ................ 16

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Page 1: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

WHS guidelines on COVID-19 and workplaces

F A C T S H E E T

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

WHS guidelines

for workplaces

COVID-19

queenslandunions.org

About these GuidelinesThese Guidelines have been produced to assist affiliate unions, Health and Safety Reps and workers to manage the risk of expo-sure to COVID-19 in essential workplaces. It relies upon the processes and procedures to manage the risk of any type of work health and safety hazard under the Work Health and Safety Act and the Work Health and Safety Regula-tions.Other information for workers who are required to work from home can be found in the QCU Fact Sheet on Working from Home or from the Queensland Unions Workers Rights and Re-sources page.Please note: the QCU/SafeWork is able to provide training in the use of the Guidelines or to provide training resources for unions internal use. Please contact us to discuss your needs.

Table of Contents General Legal Obligations .....2

Person Conducting a Business or Undertaking .....2Other duty holders ................ 3Workers ..................................... 3

What is the duty of care? ........ 3Requirements for Consultation ......................... 4Shared Duties .............................5Risk Management Cycle .........5COVID-19 is a Workplace Hazard ....................6

COVID-19 and symptoms ....6Risk Assessment ....................... 7

Workers at higher risk .......... 7Identify the hazard .................... 8The Hierarchy of Controls ......9

Elimination ................................9Minimise risk ............................9

Substitution ................................. 11Administrative Controls ..........12Personal Protective Equipment (PPE) .......................12Control Measures .....................12Information, Instruction & Training ........................................13Roles, Rights, and Actions Parties can take ...................... 13

What can a HSR do? ........... 13What can a worker do? ...... 14What actions can a union organiser take? ........ 14Rights of WHS entry permit holders ...................... 14Issue Resolution ..................15

Contacts ....................................16Further Information ................16

Page 2: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

COVID-19

2

General Legal ObligationsPerson Conducting a Business or UndertakingA person conducting a business or undertaking (a ‘PCBU’) (or an employer), has the primary duty under the Work Health and Safe-ty (‘WHS Act’) to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking [WHS Act s 19]. This includes the primary duty to manage the risk of exposure to COVID-19.Other duty holdersOther people also have a duty, including:• the person who has the management and control of a workplace

[WHS Act s 20]• the person with management or control of fixtures, fittings or

plant [WHS Act s 21]• persons conducting businesses or undertakings that design

plant, substances or structures [WHS Act s 22]• persons conducting businesses or undertakings that manufac-

ture plant, substances or structures [WHS Act s 23]• persons conducting businesses or undertakings that import

plant, substances or structures [WHS Act s 24]• persons conducting businesses or undertakings that supply

plant, substances or structures [WHS Act s 25]• persons conducting businesses or undertakings that install, con-

struct or commission plant or structures [WHS Act s 26]The person who has the management and control of a workplace must ensure, so far as is reasonably practicable, that the work-place, the means of entering and exiting the workplace, and any-thing arising from the workplace are without risks to the health and safety of any person.FOR EXAMPLE:The person who has management and control of an essential workplace could include:• a local manager of a supermarket• the manager of a distribution warehouse• the local manager of a branch of a bank, or a customer service

centre• a power station manager

Page 3: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

COVID-19

3

The person with management or control of fixtures, fittings or plant is also responsible for ensuring the fixtures, fittings or plant are without risks to the health and safety of any person. FOR EXAMPLE:A building owner/manager should ensure that fixtures or fittings in common areas such as foyers, lifts, and toilets are regularly cleaned to minimise the risk of spreading COVID-19. TIPS:• Check who is the person who has the management and control

of members workplaces.• Check that there are written procedures on how to manage the

risk of exposure to COVID-19 for the workplace and who is re-sponsible for their implementation.

• Check that there are arrangements to ensure safe distancing practices are being applied within the workplace (see later on in these Guidelines for an explanation of how this will occur).

• Check that there are appropriate safeguards on entering and exiting the workplace e.g. security guards or workers stationed to ensure that the maximum allowed persons are permitted to enter the workplace, or that hand sanitiser is available for mem-bers of the public who are entering to shop.

WorkersWorkers also have a duty to take reasonable care for their own health and safety and that they do not adversely affect the health and safety of other persons. Workers must also comply with any reasonable instruction and co-operate with any reasonable policy or procedure relating to health and safety at the workplace [WHS Act s 28].TIPS:• Check that workers are complying with any COVID-19 safe work

practices.• Check that workers are aware they need to comply with reason-

able instructions or policies and procedures on minimising the risk of COVID-19 in the workplace.

What is the duty of care?In the context of COVID-19, a PCBU/employers’ duty of care in-cludes (among other things):• providing and maintaining a work environment without the risk of

exposure to COVID-19• providing and maintaining safe systems of work that eliminate or

minimise exposure risk to COVID-19

Page 4: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

COVID-19

4

• the safe use, handling and storage of plant, structures and sub-stances

• providing adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities

• providing information, training, instruction or supervision neces-sary to protect all persons from risks to exposure to COVID-19

• that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking [WHS Act s 19(3)].

TIPS:• Check what safe systems of work are being implemented in a

workplace in response to COVID-19. Remember to apply the hierarchy of controls and not simply check for PPE.

• Check that workers are being provided with information and training in safe work practices to minimise the risk of exposure to COVID-19 at work.

• Check that there are systems in place to monitor the health of workers and conditions at the workplace to prevent the spread of COVID-19.

Requirements for ConsultationA PCBU must consult, so far as is reasonably practicable, with workers who carry out work for the PCBU who are (or are likely to be) directly affected by COVID-19 as a WHS matter [WHS Act s 27].Consultation means that the PCBU shares relevant information about COVID-19 with workers, is giving workers a reasonable opportunity to express views, raise WHS issues, contribute to the decision-making process for how the risk of exposure is handled, and advised of the outcome of consultations in a timely way [WHS Act s 48(1)].• For further information refer to the Work health and safety con-

sultation, co-operation and co-ordination Code of Practice 2011.KEY POINTS:Workers views should be taken into account prior to decisions be-ing made on health and safety [WHS Act s 48(1)].Where there are Health and Safety Reps in the workplace, the PCBU must involve the HSRs in the consultation [WHS Act s 48(2)].TIPS: • Check there are HSRs in place within essential workplaces.• Check that HSRs are being involved in the workplace consulta-

tions about the management of the risk of COVID-19.

Page 5: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

COVID-19

5

• Check that HSRs are consulting with their work group to take their views into account.

Shared DutiesWhere there is more than one PCBU for a workplace, each PCBU must consult, cooperate and coordinate activities with each other in relation to the same matter, so far as is reasonably practicable [WHS Act s 46].For example, where there are multiple employers sharing the same building, the building owner and all of the employers with work-places in the building must consult, cooperate and coordinate their activities in relation to minimising the spread of COVID-19.TIPS:Check that there are agreed arrangements in place that apply for all PCBUs in a shared building space.

Risk Management CycleThe normal process for managing the risk of a hazard is embedded within the WHS Act and WHS Regulations [WHS Act ss 17, WHS Regs ss 34-38].

Identify the hazard Assess the risk Develop and implement control measures Apply the hierarchy of controls Review control measures

Figure: Safe Work Australia [https://www.safeworkaustralia.gov.au/risk].

Page 6: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

COVID-19

6

TIPS• While Australia has never experienced a pandemic like COV-

ID-19 in our lifetimes you should still treat managing the risk of exposure to COVID-19 like any other hazard/risk in the work-place.

COVID-19 is a Workplace HazardWhat is COVID-19?COVID-19 is a new illness that can affect your lungs and airways. It’s caused by a virus called coronavirus.Encourage workers to use the Australian Government’s COVID-19 Symptom Checker: https://www.health.gov.au/resources/apps-and-tools/healthdirect-coronavirus-covid-19-symptom-checker.The tool asks people to answer a series of questions to see if you should be tested for COVID-19: • your age and gender• any emergency symptoms you may be experiencing• your state or territory• whether you’re a healthcare worker• any recent foreign travel• whether you’ve been in contact with someone who has been

diagnosed with COVID-19What are its symptoms?Symptoms of coronavirus (COVID-19) are coughing, a sore throat, fatigue, high temperature/fever and shortness of breath. In more severe cases, infection can cause pneumonia with severe acute respiratory distress.TIPS:• Any worker who is sick for whatever reason should be advised

to stay home.• Any worker who is exhibiting the symptoms on the Australian

Government website health checker should immediately call 13 HEALTH (13 43 25 84) and not attend the workplace.

• Negotiate for special paid leave for workers who do not have ac-cess to leave such as casual workers – otherwise they may feel forced to attend work for financial reasons rather than stay away for health reasons.

• Please note: using temperature monitors as a control is not fail-safe – health advice is that people may be carrying the virus without showing any signs or symptoms, may not have a temper-ature but still have the virus, or may be in the early stages of the virus without a temperature.

Page 7: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

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Risk AssessmentAssessing the RiskThe risk of COVID-19 needs to be assessed just like any other hazard.• What is the likelihood of people contracting the virus from the

workplace?• What are the consequences?The risk is then assessed using a risk matrix such as below.

Based on current advice governments are advising people to stay at home unless they are essential workers and for everyone to practice social distancing measures.• Workers should only attend work to perform work which cannot

reasonably be performed from the person’s principal place of residence (Qld Chief Health Officer’s Home Confinement Direc-tive s 6(d)).

• Go to https://www.health.qld.gov.au/system-governance/legisla-tion/cho-public-health-directions-under-expanded-public-health-act-powers/home-confinement-direction for further information.

Page 8: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

COVID-19

8

Workers at higher riskEverybody is at risk of contracting COVID-19 so it’s important to protect yourself and others. Older people over the age of 60, and Aboriginal and Torres Strait Island people over the age of 50, are at greater risk of more seri-ous illness with COVID-19.Other people at risk include:• People with medical conditions such as respiratory illnesses,

people with chronic lung disease or moderate to severe asthma• People who have serious heart conditions• People who are immuno-compromised including cancer treat-

mentInformation Source:• Department of Health advice and information: https://www.

health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert/advice-for-people-at-risk-of-coronavirus-covid-19/coronavirus-covid-19-advice-for-older-people.

QUESTIONS FOR YOUR WORKPLACES AND MEMBERS: • Is the work essential and can it be done from home? Workers

should only attend work to perform work which cannot reasona-bly be performed from the person’s principal place of residence.

• How many workers are at higher risk of contracting the virus?• Are workers at higher risk being provided with support to work

from home or with access to special leave while not at work?

Identify the hazardA PCBU/employer has a duty to identify reasonably foreseeable hazards that could give rise to risks to health and safety in the workplace [WHS Reg s 34].COVID-19 is a hazard which can spread from person to person through:• close contact with an infectious person (including in the 24

hours before they started having symptoms)• contact with droplets from an infected person’s cough or sneeze• touching objects or surfaces (like doorknobs or tables) that have

cough or sneeze droplets from an infected person, and then touching your mouth or face

Information source: The Commonwealth Department of Health: https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert/what-you-need-to-know-about-coronavirus-covid-19.

Page 9: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

COVID-19

9

Questions for workplaces:• What types of objects or surfaces are potential hazards that

could spread the risk of COVID-19 in the workplace?• What cleaning and hygiene procedures are in place for objects

or surfaces?• What types of other hazards may be present that could increase

the risk of transferring the virus e.g. money, paper etc?

The Hierarchy of Controls

EliminationA PCBU/employer has a duty to eliminate a risk unless it is not rea-sonably practicable to do so [WHS Act s 17, WHS Reg s 35].Minimise risk using the hierarchy of controlsWhere it is not reasonably practicable to eliminate the risk, the em-ployer must minimise the risk by applying the hierarchy of controls [WHS Act s 17, WHS Reg s 36].This means looking at substitution, isolation, engineering controls first.1. Can the hazard giving rise to the risk be substituted with some-

thing that gives rise to a lesser risk?2. Can the hazard be isolated from workers/others who may be

exposed to it?3. Are there engineering controls?If the risk still remains the employer must look at administrative and PPE controls:4. What administrative controls are there to minimise the risk of the

hazard?5. What PPE can be used to minimise the risk?Remember administrative controls and PPE should only be used in conjunction with a higher-level control.

Page 10: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

COVID-19

10

Figure: Safe Work Australia [https://www.safeworkaustralia.gov.au/risk].

For example:For most essential workplaces where work can only be performed in the workplace, the risk of exposure to COVID-19 cannot, so far as is reasonably practicable, be eliminated.

Therefore, the workplace needs to implement measures to min-imise the risk of exposure to COVID-19. These measures must be in accordance with the hierarchy of controls.Examples would be to:• Isolate workers with barriers• Isolate workers by practicing social distancing measures• Change work practices• Change and implement new shifts• Provide training and instruction in new control measures• Provide PPE as appropriateWe will cover these in the examples that follow.

Page 11: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

COVID-19

11

Working Remotely/From HomeWherever possible, the Government is advising people to stay at home. In a workplace context, this means that wherever possible workers should be encouraged to work from home to minimise the risk of the virus spreading.KEY POINT:• Workers should only attend work to perform work which cannot

reasonably be performed from the person’s principal place of residence (Qld Chief Health Officer’s Home Confinement Direc-tive s 6(d)).

Questions for workplaces:• What arrangements have been agreed for workers to work from

home?• What communication processes are in place between the work-

place and workers working from home?• Are there safe work practices being developed/implemented?• Is there a working from home WHS policy?

SubstitutionCan a hazard giving rise to the risk of spreading COVID-19 be sub-stituted for something less hazardous?FOR EXAMPLE:• Remove the distribution of paper documents from the workplace

and use electronic materials only.• Where workers are required to be in close contact in a vehicle

with others, limit the number of workers to two, with one driver and the other worker/passenger in the rear left hand passenger seat.

• Organise for contactless deliveries i.e. leave deliveries outside homes without needing to sign.

• Implement contactless payment options.IsolationCan a hazard giving rise to the risk of spreading COVID-19 be iso-lated from people to prevent exposure?All workplaces must implement safe distancing measures i.e. there should be a minimum of 1.5 metres space between people and a restriction on the number of people within a designated area ap-plying a 4 square metre rule. FOR EXAMPLE:• If a workspace is 12 square metres there should only be 3 peo-

ple in the area at any one time with 1.5 metres distance between them.

Page 12: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

COVID-19

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• Introduce screens and barriers to ensure safe distances.• Restrict access to work areas – workers, clients and visitors

(phone, skype contact instead of face to face (F2F)).

Administrative ControlsWhat types of administrative controls can minimise the risk of COVID-19 within the workplace?FOR EXAMPLE:• Negotiate and re-organise work schedules and rosters to mini-

mise numbers of workers in designated workplace areas• Limit the time workers spend in restricted work areas• Sign post restrictions and safe distance measures in designated

areas• Provide training, supervision etc in safe work practices

Personal Protective Equipment (PPE)What Personal Protective Equipment (PPE) can/should be used to help minimise the risk of spreading the virus within the workplace?• The latest advice from the Chief Health Officer is that face

masks are only for use by healthcare workers who are at the frontline of caring for people with the virus. More face masks have been ordered and will steadily become available for other essential workers.

• Training also needs to be given to prevent the transfer of the virus from a face mask to other people and surfaces e.g. people frequently touch their face/face mask.

FOR EXAMPLE:• Other examples of PPE which could be used include providing

gloves to prevent the transfer of the virus from paper, money etc for workers required to handle paper, money etc.

Note: PPE should only ever be used in conjunction with a higher level order control.

Implementing, Maintaining and Reviewing Control MeasuresA COVID-19 work management plan may help to minimise the risk of contracting or spreading COVID-19.It should identify what action needs to be taken, who will be re-sponsible for taking the action, and by when.The plan should be based on the results of the workplace assess-ment and should also include:• Control measures put in place across different work areas

Page 13: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

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• Training and supervision required to ensure the controls are effectively implemented and maintained

• Timeframes and responsibilities for reviewing control measuresA PCBU/employer is also responsible for ensuring a control meas-ure is fit for purpose, suitable for the nature and duration of the work, and is installed, set up, and used correctly [WHS Reg 37].IMPORTANT POINT:A HSR for workers at a workplace may also request a review of an existing control measure to manage a risk to the health and safety of a member(s) of their work group if the HSR reasonably believes that:• a specific control does not control the risk for which it was imple-

mented;• change at the workplace likely to give rise to a new risk; or• a new hazard or risk is identified [WHS Reg s 38].

Information, Instruction & TrainingTraining should be provided to workers, supervisors and managers in how to implement the control measures identified in the work-place management plan for COVID-19.FOR EXAMPLE:This could include training in:• specific control measures and how they work and are to be

maintained• changes to work tasks and activities• cleaning and hygiene practices

Roles, Rights, and Actions Parties can takeWhat can a HSR do?A HSR has the right to request and receive information about the risk of COVID-19 and appropriate control measures for workers in their work group [WHS Act s 68(2)(f)].A HSR has the right to request a review of a control measure if a new hazard or risk is identified OR the duty holder has not ade-quately reviewed control measure(s) in response to the risk [WHS Reg s 38].A HSR can, whenever necessary, request the assistance of any person including a union organiser/official [WHS Act s 68(2)(g)].A HSR can issue a PIN if they reasonably believe control measures are not adequate to address the risk of COVID-19 or that consulta-tion has not occurred [WHS Act s 90].A HSR can issue a cease work direction to a worker in a work

Page 14: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

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group if they have a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker’s health or safety, emanating from an immediate or imminent exposure, to a hazard [WHS Act s 85].REMEMBER: Parties in a workplace must make reasonable efforts to achieve a timely, final, and effective resolution of the issue in accordance with the relevant agreed procedure, or if there is no agreed procedure, the default procedure [WHS Act s 81; WHS Reg ss 22, 23].What can a worker do?A worker may cease, or refuse to carry out, work if the worker has a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker’s health or safety, emanating from an immediate or imminent exposure to a hazard [WHS Act s 84].The PCBU/employer may direct the worker to carry out suitable alternative work at the same or another workplace if that work is safe and appropriate for the worker to carry out, until the worker can resume normal duties [WHS Act s 87].If a worker ceases work under these provisions (or in accordance with a cease work direction issued by a HSR) their action does not affect the continuity of their engagement if the worker has not unreasonably failed to comply with a direction to carry out suitable alternative work –(a) at the same or another workplace; and(b) that was safe and appropriate for the worker to carry out [WHS

Act s 88].The HSR or the PCBU/employer or the worker may ask the regu-lator to appoint an inspector to attend the workplace to assist in resolving an issue arising in relation to the cessation of work [WHS Act s 89].The HSR, PCBU/employer, or worker may also follow the agreed issue resolution procedure for the workplace [WHS Act ss 81, 89, 102B; WHS Reg ss 22, 23].This includes filing a dispute with the Queensland Industrial Re-lations Commission if a dispute remains unresolved at least 24 hours after any of the parties to the dispute has asked the regula-tor to appoint an inspector to assist in resolving the dispute [WHS Act s 102B(1)].What actions can a union organiser take?Rights of WHS entry permit holdersA WHS entry permit holder may enter a workplace for the purpose of inquiring into a suspected contravention of the Act that relates to, or affects, a relevant worker. The entry permit holder must rea-

Page 15: New WHS guidelines FACT SHEET on COVID-19 and workplaces … · 2020. 4. 3. · Phone: (07) 3010 2555 Post: 5/16 Peel Street, South Brisbane Qld 4101 WHS guidelines for workplaces

For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

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sonably suspect, before entering the workplace, that the contra-vention has occurred, or is occurring [WHS Act s 117].A WHS entry permit holder may:(a) inspect any work system, plant, substance, structure or other

thing relevant to the suspected contravention(b) consult with the relevant workers in relation to the suspected

contravention(c) consult with the relevant PCBU/employer about the suspected

contravention(d) require the relevant PCBU/employer to allow the WHS entry

permit holder to inspect, and make copies of, any document that is directly relevant to the suspected contravention and that –(i) is kept at the workplace; or(ii) is accessible from a computer that is kept at the workplace;

(e) warn any person whom the WHS entry permit holder reasona-bly believes to be exposed to a serious risk to his or her health or safety, emanating from an immediate or imminent exposure to a hazard, of that risk.

Issue ResolutionA union organiser may be appointed as the representative of workers as a party to a dispute [WHS Act s 80(1)(d)].The representative must have an appropriate level of seniority, and be sufficiently competent, to act as the person’s representa-tive [WHS Act s 80(2)(b)].A representative of a party to an issue may enter the workplace for the purpose of attending discussions with a view to resolving the issue [WHS Act s 81(3)].KEY POINT:• Holding a WHS entry permit is sufficient authority to act as a

worker(s) representative.A party to the dispute may ask the regulator (WHS Qld) to appoint an inspector to attend the workplace to assist in resolving an issue arising in relation to the cessation of work [WHS Act s 89].The HSR, PCBU/employer, or worker may also follow the agreed issue resolution procedure for the workplace [WHS Act ss 81, 89, 102B; WHS Reg ss 22, 23].This includes filing a dispute with the Queensland Industrial Re-lations Commission if a dispute remains unresolved at least 24 hours after any of the parties to the dispute has asked the regula-tor to appoint an inspector to assist in resolving the dispute [WHS Act s 102B(1)].

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For further information, contact the QCU via:

Email: [email protected]

Phone: (07) 3010 2555

Post: 5/16 Peel Street, South Brisbane Qld 4101

queenslandunions.org

F A C T S H E E T

WHS guidelines

COVID-19

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KEY POINT:A union organiser can be appointed by workers to represent them in a dispute about WHS in the workplace.Where the union organiser is appointed they become a party to the dispute and may refer the matter to the regulator for resolu-tion, or the QIRC, if the matter is not resolved within 24 hours for resolution.

ContactsFor further information please contact the QCU:Damien McGarry WHS HSR Coordinator 0429 985268Dr John Martin Research and Policy Officer 0419 788587Karina Maxwell Qld Workers Psychological 0438 065130 Support Service Senior Social WorkerJacqueline King QCU 0439 329793 Assistant General Secretary

Further InformationQld Chief Health Officer’s Public Health Directives https://www.health.qld.gov.au/system-governance/legislation/cho-public-health-directions-under-expanded-public-health-act-powersWorkplace Health and Safety Qld COVID-19 Hotline 1300 005018Workplace Health and Safety Qld Codes of Practice https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0003/58170/Manage-WHS-risks-COP-2011.pdfhttps://www.worksafe.qld.gov.au/__data/assets/pdf_file/0020/58205/WHS-consultation-coop-coord-COP-2011.pdfhttps://www.worksafe.qld.gov.au/__data/assets/pdf_file/0003/58206/Work-environment-facilities-COP-2013.pdfSafe Work Australia Covid-19 Information for Workplaces https://www.safeworkaustralia.gov.au/covid-19-information-work-placesQueensland Council of Unions Workers Rights and Resources Page https://www.queenslandunions.org/coronavirus-workers-rights-re-sources/QCU Health & Safety Reps Support Service Coronavirus Resourc-es Page https://hsrsupport.org.au/coronavirus-resources-page/