The OHS recommendations the Australian Government rejected

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According to the Communiqué of the Workplace Relations Ministers’ Council on 18 May 2009, the following issues should be considered when drafting the new OHS legislation

“Application of the primary duty of care to any person conducting a business or undertaking

The panel recommends that the primary duty of care should be owed by any person conducting a business or undertaking.  The objective of this recommendation is to move away from the traditional emphasis on the employment relationship as the determiner of the primary duty, to provide greater health and safety protection for all persons involved in, or affected by, work activity.  Care needs to be taken during drafting to ensure that the scope of the duty is limited to matters of occupational health and safety and does not further extend into areas of public safety that are not related to the workplace activity. “

The first part of this is recognition of the variety of workplaces Australia now has, the number of people within worksites who are not employees and the previous issues of OHS and unpaid volunteers.  It seems to expand to matters of public liability but then, curiously, pulls back to emphasise occupational health and safety.  As Michael Tooma has noted, circumstances seem to have passed beyond the arbitrariness of the occupational categorisation. Continue reading “The OHS recommendations the Australian Government rejected”

How many Australians work from home?

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SafetyAtWorkBlog is mostly produced from a home office.  This is principally because the type of work undertaken can be done in a domestic setting.  There are thousands of small – and micro-businesses in a similar situation.   Thousands of people choose to run their businesses from home.

 This has often been overlooked in the teleworking movement over the last decade or so. “Working from home” has more often than not been considered an addition to working in an office.  The home workplace is seen as a back-up to a principal place of work.

In early may 2009, the Australian Bureau of Statistics released statistics on working from home, both as a main and second job.  The media statement emphasises those who take work home and does have one paragraph on home-based businesses.

“People who were owner managers in their main job were much more likely to use their own home for their main location of work (27% of the 1.9 million owner managers) than employees(1.4% of the 8.2 million employees*). Women who were owner managers in their main job were more likely to use their own home for their main location of work than male owner managers (45% compared with 18%)”

The media statement went on :

“Around one in every 12 employed persons (764,700 persons or 8%) worked more hours at home than any other single location in their main or second job.  Of these people:

  • The majority (83%) were aged 35 years or older
  • 55% were women
  • 39% were in families that had children aged under 15 years old
  • The main reason for working from home was ‘wanting an office at home/no overheads/no rent’ (37%), followed by ‘operating a farm’ (21%) and ‘flexible working arrangements’ (15%)
  • 31% worked 35 hours or more at home in all jobs”

The OHS profession has never really been able to cope with a workplace that is also a domestic residence.  To help, OHS professionals advise to have a dedicated home office so that the workplace has a defined area.  This allows OHS obligations to fit the concept.

Working from a kitchen table with a dog, a hungry child and three baskets of washing to hang out, is not what the legislation anticipated but it can be the reality.

Another reality is that many media and professional people can work out of their car or local cafes almost 100% of their time.  How does the advice from an OHS professional match those scenarios?  Legislation based on the assumption of a fixed work location or site might not meet these particular working environments.

Another thing that is always annoying is the assumption that it is office workers who work from home, so the tasks are necessarily technologically based.  Any OHS advice should apply to the issue of working from home in a broad sense and not just to specific work tasks.

As many professions become portable, OHS laws and legislation need to accommodate the flexibility.  If not more so, so do company policies, job descriptions, claims assessments, workplace safety assessments and others.

Kevin Jones