Work health and safety

5.4 Ensuring that work environments, practices and processes are safe and conducive to worker health and wellbeing is central to facilitating the ongoing participation of mature age workers in paid employment and other productive work. The Consultative Forum on Mature Age Participation has emphasised that

improving the quality of the working environment not only attracts mature age people into the workforce, but also it can increase longevity in employment. The creation of roles and work practices specific to mature age workers, such as the creation of more ergonomic working conditions, has been suggested as a means to recruit and retain such employees.^[1]

5.5 To facilitate this, the ALRC recommends that Safe Work Australia and state and territory work health and safety regulators consider health and safety issues that may affect mature age workers in implementing the Australian Work Health and Safety Strategy 2012–2022 (Australian Strategy). The ALRC also recommends that Safe Work Australia:

• include health and safety issues that may affect mature age workers in its research agenda; and

• review guidance material and promote recognition of best practice approaches to work health and safety initiatives involving mature age workers.

5.6 In 2012 and early 2013, mirror work health and safety legislation commenced in several Australian jurisdictions, including the Work Health and Safety Act 2011 (Cth) (WHS Act).^[2] The legislation is based on model legislation, regulations and codes of practice released by Safe Work Australia—the statutory agency with the responsibility for improving occupational health and safety (OHS) and workers’ compensation arrangements in Australia.^[3] The key objects of the WHS Act include: protecting all workers against harm to their health, safety and welfare through the elimination or minimisation of risks; promotion of improvements in work health and safety practices; and provision of advice, information, education and training in relation to work health and safety.^[4]

5.7 It is increasingly necessary to recognise and accommodate the differing work health and safety needs and priorities of ‘an intergenerational workforce’.^[5] Evidence suggests that age-related factors can affect an individual’s ability to work safely.^[6] However, it is unhelpful to generalise about mature age workers or to assume that they will have certain characteristics.^[7] For example, statistics indicate that workers aged 45 to 49 years have the highest rates of work-related illness or injury, but workers aged 65 years and over have the lowest rate.^[8]

5.8 Even where workers experience common physical and cognitive changes associated with ageing, these ‘can easily be managed in the workplace through an effective work health and safety policy and appropriate supporting practices’.^[9] Indeed, Comcare noted that ‘issues associated with older workers’ employability are not wholly age-related, and in fact, there may be greater similarities with other measures of disadvantage’.^[10]

5.9 Organisations are required to comply with work health and safety obligations and requirements and to fulfil their responsibilities to provide safe and healthy work environments and processes. In doing so it is important that organisations ‘accommodate the abilities, diversity and vulnerabilities of all Australian workers’.^[11]

5.10 Accordingly, while the focus of the ALRC’s recommendations in this chapter is on mature age workers, work health and safety strategies should aim to improve work environments, practices, processes or organisational culture more broadly. Recommendations that result in changes to these are likely to benefit a wide range of workers.

Australian Work Health and Safety Strategy 2012–2022

5.11 The ALRC recommends that Safe Work Australia and state and territory work health and safety regulators consider health and safety issues that may affect mature age workers in implementing the Australian Strategy.

5.12 The Australian Strategy was launched on 31 October 2012 and aims to support organisations and workers to improve work health and safety.^[12] Comcare submitted that the Australian Strategy provides an

opportunity to work with workers, workplaces, across government, general practice and the wider community to strengthen the capacity of workplaces to provide safe, healthy and supportive workplaces for an age diverse workforce and better equip workplaces to accommodate differences in the health status of workers.^[13]

5.13 The Australian Strategy does not specifically mention mature age workers.^[14] However, the action area, ‘Healthy and Safe by Design’, including the strategic outcome that ‘work and work processes and systems of work are designed and managed to eliminate or minimise hazards or risks’, is of particular relevance to mature age workers.^[15]

5.14 Improving the ‘design of structures, plant, substances, work and work systems’^[16] will positively affect the health and safety of all workers—including mature age workers. Age should be viewed as ‘one aspect of diversity present in today’s working population’.^[17] As the Australian Strategy is implemented, consideration should be given to meeting the work health and safety needs of all workers. Safe Work Australia, as well as a range of other stakeholders supported such an approach.^[18] This is also in keeping with statements in the Australian Strategy which indicate its implementation will involve development of national activities ‘in consultation with key stakeholders to address specific issues for a range of vulnerable workers including mature age workers’.^[19]

5.15 There will be annual reporting in relation to the Australian Strategy and a review in 2017.^[20] This provides timely opportunities for further consideration and review of the Strategy broadly, and with respect to the needs of particular cohorts of workers, including mature age workers.

Research, guidance material and awards

5.16 There is a need for research that considers both the work health and safety issues facing mature age workers and work re-design more broadly. This will ensure evidence-based policy development and implementation of the Australian Strategy. Guidance material should also be developed to increase the understanding of these issues by persons conducting a business or undertaking (PCBU) and workers. The ALRC therefore recommends that Safe Work Australia include health and safety issues that may affect mature age workers in its research agenda and review guidance material. It should also promote recognition of best practice approaches to work health and safety initiatives involving mature age workers.

Research

5.17 One of the key action areas under the Australian Strategy is research and evaluation. The Strategy acknowledges that development of effective work health and safety policies, programs and practices needs to be informed by robust evidence.^[21]

5.18 In the Discussion Paper, the ALRC proposed that Safe Work Australia include health and safety issues that may affect mature age workers in its research agenda.^[22] A range of stakeholders expressed support for the proposal.^[23] For example, the Diversity Council submitted that it supports

further research being undertaken into the occupational health and safety issues facing mature age workers and the dissemination of evidence-based information to employers about these issues, including their rights and responsibilities.^[24]

5.19 Safe Work Australia stated that it ‘continues to include age as an analysis variable in its research to inform the development or evaluation of national policy relating to work health and safety and workers’ compensation’.^[25] Safe Work Australia also indicated it is undertaking a longitudinal study, Personality and Total Health Through Life, in collaboration with the Centre for Research on Ageing, Health and Wellbeing at the Australian National University. The project involves a community survey that includes three age groups: 20–24 years; 40–44 years; and 60–64 years.

Each cohort will be interviewed every four years for 20 years at which point the age groups will overlap thus capturing the total adult life span. Safe Work Australia has included work related questions to allow a broader examination of issues specific to the workplace. The project enables study of the inter-relationship between work and health across the life course.^[26]

5.20 This project represents a positive research development and may assist not only in responding to work health and safety issues that may affect mature age workers, but also in the establishment of preventative measures.

5.21 Research and initiatives in other jurisdictions, such as the European Union, also provide instructive models with respect to changes to work and workplace design and broader health and wellbeing initiatives.^[27]

5.22 Safe Work Australia and other relevant bodies should undertake additional research into work health and safety issues facing mature age workers, as well as job and workplace re-design. Safe Work Australia has committed to continuing ‘to look for opportunities to include the work health and safety issues that may affect mature age workers as part of its research and evaluation strategy and work plans’.^[28] Conducting such research in an Australian context, informed by relevant developments and evidence across jurisdictions, is central to ensuring best practice approaches to work health and safety. This research should inform the development of evidence-based guidance material.

Guidance material

5.23 Guidance material should include information about work health and safety issues that may affect mature age workers. There is a range of guidance material currently provided to PCBUs, workers and duty holders about work health and safety matters. This material takes the form of regulations, Codes of Practice and other material produced by Safe Work Australia, Comcare and similar bodies.^[29] Safe Work Australia explained that it has produced a wide range of guidance material, some of which

is aimed at all work and workplaces (for example the Code of Practice on How to Manage Work Health and Safety Risks) while others relate to specific risks (for example the Code of Practice on Managing Noise and Preventing Hearing Loss at Work). Such guidance applies to all workers including mature age workers.^[30]

5.24 The focus of guidance material should be on assisting PCBUs, workers and others to understand and comply with their obligations and address work environments, practices and processes that pose a risk to health and safety. However, guidance should also address the particular issues that may affect different groups of workers, including mature age workers.

5.25 Safe Work Australia agreed that guidance could be developed for mature age workers if ‘issues which are specific to the needs of mature age workers are identified and are not adequately covered’ in existing material.^[31] Stakeholders made a range of suggestions about ways to ensure material is appropriate and effective.^[32] For example, Suncorp suggested that guidance material should be supported by ‘effective education and communication mechanisms’ to ‘ensure the information reaches the intended audience’.^[33] JobWatch submitted that work health and safety bodies should develop a health and safety kit for mature age workers, to ‘address misconceptions about older persons, ageing and occupational health and safety risks’.^[34] JobWatch also suggested that it could ‘also deal with issues such as work task and job design, work organisation and work environment’.^[35]

5.26 The Government of South Australia noted that

certain industries employing older workers with particular hazards in place may benefit from guidance material specific to those industry sectors. However, this may be addressed by way of more informal guidance such as information sheets, hazard alerts or bulletins.^[36]

5.27 Comcare suggested that Safe Work Australia should also play a role in ‘brokering industry benchmarks on work ability and ageing to guide national or industry directed strategies and interventions’.^[37]

5.28 The Australian Industry Group (Ai Group) opposed the inclusion of such information in binding guidelines or Codes of Practice that ‘import an element of legislative significance’.^[38] Ai Group favoured the inclusion of information in bulletins and other informal documents intended to provide guidance, ‘without creating onerous legal obligations on the employer’^[39] or adding an ‘unnecessary layer of prescriptive regulation on employers’.^[40]

5.29 The ALRC recommends that Safe Work Australia and state and territory work health and safety regulators review guidance material to ensure it includes information about work health and safety issues that may affect mature age workers in particular. Guidance material should contain information about: legislative responsibilities and duties; best practice work design and processes; risk assessment; and health and wellbeing. The Investing in Experience Toolkit and guidance such as Understanding the Safety and Health Needs of Your Workplace: Older Workers and Safety, provide instructive models, as do the approaches suggested by stakeholders.^[41] Such guidance material should be developed to suit a range of industries and professions and should be available from a range of sources. Guidance material should also be appropriate and accessible for all sections of the community.^[42]

Awards

5.30 The annual Safe Work Australia Awards acknowledge excellence in work health and safety innovation and practice at a governmental, organisational and individual level. The Awards include a number of categories, such as: workplace health and safety management system; solution to an identified workplace health and safety issue; and individual contribution to workplace health and safety.^[43]

5.31 In the Discussion Paper, the ALRC suggested that Safe Work Australia recognise best practice approaches in work health and safety with respect to mature age workers in the Awards. The award finalists are the winner of each of the relevant categories in the respective jurisdictional awards.^[44] As a result, the cooperation of all jurisdictions is required to ensure that mature age-related work health and safety responses are recognised in existing award categories. Where this is not possible within existing categories, it may be necessary to establish a new category. To facilitate this, the ALRC recommends that Safe Work Australia work in consultation with state and territory health and safety regulators, unions and industry representatives.