Work health and safety

3.5 A basic premise in the Australian Work Health and Safety Strategy 2012–2022 is that all workers have the ‘fundamental right to be free from the risk of work-related death, injury and illness’.^[1] Increasingly however, governments, work health and safety regulators, and employers and their workers need to recognise and accommodate the differing work health and safety needs and priorities of ‘an intergenerational workforce’.^[2]

3.6 Legislative and regulatory duties under the Commonwealth work health and safety system appear to be sufficiently broad to protect mature age workers. Therefore, the ALRC does not consider it necessary to amend legislative work health and safety duties and obligations. Rather, the ALRC suggests that it may be necessary to adjust workplace processes and practices to account for the needs of mature age workers, and to provide assistance to organisations and workers to do so. In making proposals for reform in this area the ALRC notes that, while the health and safety needs and priorities of mature age workers may differ from workers in other age groups, changes to work environments and processes and positive organisational cultures around work health and safety are likely to benefit all workers.

Workplace injuries and age-related changes to workers

3.7 As outlined in earlier chapters, there are a range of significant differences within the mature age worker cohort, defined as aged 45 years and over. For example, statistics indicate that workers aged 65 years and over have the lowest rate of work-related illness or injury, but workers aged 45 to 49 years have the highest rates of work-related illness or injury.^[3]

3.8 In considering the implications of ageing in work health and safety terms, because everyone ‘ages differently’, it is unhelpful to generalise about mature age workers or to assume that they will have certain characteristics or requirements.^[4] Comcare submitted 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’.^[5] However, age-related factors that can affect an individual’s ability to work safely

in some cases may include age-related wear and tear and degenerative changes to the body and ill health. There are different types of long-term physical conditions associated with older age groups, such as cardiovascular disease, diabetes and arthritis or osteoporosis, which may impact on a person’s ability to work safely.^[6]

3.9 Nonetheless, even where workers experience common physical and cognitive changes associated with ageing, these ‘can be easily be managed in the workplace through an effective work health and safety policy and appropriate supporting practices’.^[7]

3.10 The Consultative Forum on Mature Age Participation has emphasised the beneficial health effects of working:

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.^[8]

3.11 In complying with work health and safety obligations and requirements, and in fulfilling their responsibilities to provide safe and healthy work environments and processes, Safe Work Australia submitted that it is important that organisations ‘accommodate the abilities, diversity and vulnerabilities of all Australian workers’.^[9]

Legislative framework

3.12 On 1 January 2012, mirror work health and safety legislation was introduced in several Australian jurisdictions, including the Work Health and Safety Act 2011 (Cth) (WHS Act),^[10] based on model legislation, regulations and codes of practice released by Safe Work Australia—the statutory agency tasked with improving occupational health and safety (OHS) and workers’ compensation arrangements in Australia.^[11] These reforms have been described as ‘the most significant reform’ to OHS laws in Australia in the last 30 years.^[12]

3.13 The WHS Act provides for a primary duty of care under which a person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable: the health and safety of workers while they are at work; the health and safety of others is not put at risk from work carried out; the provision and maintenance of a safe work environment; and a range of other requirements.^[13] Workers also have a primary duty to take reasonable care for their own safety at work, and that their own acts or omissions do not adversely affect the health and safety of others as well as to cooperate with reasonable policies and instructions from the PCBU.^[14]

Australian Work Health and Safety Strategy 2012–2022

3.14 The Australian Work Health and Safety Strategy 2012–2022 (the Strategy) has been approved by Safe Work Australia members and is awaiting endorsement by the Select Council on Workplace Relations. It will be launched across Australia in late 2012.

3.15 The Strategy aims to support organisations and workers to improve work health and safety and has seven action areas:

• healthy and safe by design;

• supply chains and networks;

• work health and safety capabilities;

• culture and leadership;

• research and evaluation;

• government; and

• responsive regulatory framework.^[15]

3.16 While the Strategy ‘does not specifically mention mature age workers’,^[16] the action area ‘Healthy and Safe by Design’, which includes 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 this cohort.^[17]

3.17 Following the launch of the Strategy, ‘national activities will be developed in consultation with key stakeholders to address specific issues for a range of vulnerable workers including mature age workers’.^[18] The aim is to ‘eliminate or minimise hazards by improving the design of structures, plant, substances, work and work systems’.^[19]

3.18 Stakeholders like the Australian Council of Trade Unions (ACTU) have emphasised that they would not support forms of implementation, such as the ‘development of strategic plans, which propose differing treatment based on the age of workers’.^[20]

3.19 The ALRC understands that implementation of the Strategy will occur at a Commonwealth, state and territory level. The specific nature of implementation is unclear at this stage. However, the implementation of the Strategy across jurisdictions presents an opportunity for work health and safety issues potentially affecting mature age workers to be considered, in particular through activities aimed at improving the design of work and work systems. In light of the high level nature of the Strategy, the ALRC suggests that in the course of implementation, specific consideration should be given to tailoring solutions and approaches to ensure they meet the needs of all workers, including mature age workers.

Research, guidance material and awards

3.20 There is a need for further research into work health and safety issues facing mature age workers. There is also a need for the development and distribution of guidance material in order to increase PCBU and worker understanding and recognition of these issues. The ALRC therefore proposes that Safe Work Australia: include health and safety issues that may affect mature age workers in its research agenda; be involved in the development of guidance material; and promote recognition of best practice approaches to work health and safety initiatives involving mature age workers.

Research

3.21 One of the key action areas under the 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]

3.22 In its submission Safe Work Australia stated that its research ‘typically includes age as an analysis variable’ and that this research ‘informs the development of related national policy, practice and programs’.^[22] In addition, Safe Work Australia indicated that it monitors ‘relevant national and international research including those relating to changing workforce demographics’ through its ‘emerging issues surveillance program’.^[23]

3.23 The ALRC considers that additional and targeted research by Safe Work Australia, as well as other relevant bodies, should be undertaken into work health and safety issues facing mature age workers.^[24] 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 underlie the development of evidence-based guidance material.

3.24 As a preliminary step, the ALRC proposes that Safe Work Australia should include health and safety issues that may affect mature age workers in its research agenda.

Guidance material

3.25 There is a range of guidance material currently provided to PCBUs, workers and duty holders about work health and safety matters in the form of regulations, Codes of Practice and other material produced by Safe Work Australia, Comcare and similar bodies.^[25]

3.26 In the Issues Paper, the ALRC asked where it is best to include information about work health and safety issues relevant to mature age workers.^[26] Stakeholders expressed strong support for the development and dissemination of guidance material of this type, and suggested a range of formats and forms.

3.27 The Ai Group opposed the inclusion of such information in Codes of Practice, instead favouring its inclusion in bulletins and other informal documents intended to provide guidance, ‘without creating onerous legal obligations on the employer’.^[27] The Government of South Australia submitted 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. ^[28]

3.28 In addition, stakeholders suggested 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’.^[29] It was suggested that it could ‘also deal with issues such as work task and job design, work organization and work environment’.^[30]

3.29 In an Australian Public Service context, Comcare identified a number of potential opportunities for the collection of data and publication of guidance material, such as the publication of a chapter focused on mature age workers in the Australian Public Service State of the Service Report or Census Survey, and periodic ‘pulse surveys’ along the lines of the Department of Human Services Mature Age Worker Survey conducted in late 2011’.^[31]

3.30 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’.^[32]

3.31 The ALRC proposes that Safe Work Australia and state and territory work health and safety regulators should develop guidance material around work health and safety issues that may affect mature age workers. 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 guide and WorkSafe WA bulletin, Understanding the Safety and Health Needs of Your Workplace: Older Workers and Safety, provide useful models.^[33] Such guidance material should be developed to suit a range of industries and professions, and widely available from a range of sources.^[34]

3.32 The ALRC suggests that the development of guidance material should be linked to the national education and awareness campaign proposed in Chapter Two.

Awards

3.33 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 best workplace health and safety management system; best solution to an identified workplace health and safety issue; and best individual contribution to workplace health and safety.^[35]

3.34 The awards play a key role in raising awareness about work health and safety and could play an important role in placing this issue on the national work health and safety agenda. There may be scope for recognition of systems, solutions and individuals that address mature age-related work health and safety issues within these existing categories. Alternatively, it may be appropriate to establish a new category. Regardless of the approach taken, in the ALRC’s view, Safe Work Australia should recognise best practice approaches to work health and safety involving mature age workers in its Safe Work Australia Awards.

Volunteers

3.35 The WHS Act expands the class of persons to whom a duty is owed to ‘workers’, rather than employees. Workers include employees, subcontractors, outworkers, apprentices, students and volunteers.^[36] In this way, the WHS Act applies to a range of volunteering organisations, but only those with paid staff. In 2010, 32.5% of volunteers were aged 55 and over.^[37]

3.36 In the Issues Paper, the ALRC asked in what ways, if any, OHS duties and responsibilities act as a barrier to volunteering by mature age persons.^[38]

3.37 COTA Australia (COTA) submitted that ‘there is some evidence that the increasing OHS responsibilities of volunteers are a deterrent’ to mature age participation in volunteering and for organisations in offering volunteering opportunities for mature age people. COTA also noted that ‘the compliance cost of OHS for volunteers is often high, particularly for small community organisations and this acts as a disincentive for volunteers’.^[39]

3.38 Suncorp observed that work health and safety ‘duties and responsibilities place a compliance burden on volunteering organisations, and may act as a barrier to volunteering’.^[40]

3.39 While emphasising that volunteers deserve the same health and safety protections as other workers,^[41] other stakeholders expressed the view that work health and safety laws are ‘not a barrier to encouraging volunteers and potential volunteers from undertaking volunteer work’.^[42]

3.40 Issues associated with the regulatory burden for volunteers and voluntary organisations and compliance costs associated with work health and safety laws are systemic and extend beyond the scope of this Inquiry. Safe Work Australia has examined issues relating to volunteers and work health and safety and developed a dedicated volunteer resource kit.^[43] However, as volunteering is a significant form of other productive work, the ALRC suggests that Safe Work Australia should continue its work with the volunteering sector to address any remaining concerns.