Geographical differences - - PowerPoint PPT Presentation

The agent (mixture) is carcinogenic to humans.

Geographical differences

Legislative frame work - WA

Occupational Safety Health Act 1984 (Updated Sept 2014) Occupational Health and Safety Regulations 1996

(Updated 2th April 2015)

Non specific wrt sun protection but clear in regard to protection from hazard.

This is supported in WA by the associated WorkSafe codes of practice and guidelines. Safework Australia Guide on exposure to solar UVR

Duty of Care

Protection from foreseeable harm. UV radiation has been recognised as a class 1 carcinogen. This information is in the public domain. Employers have a duty of care to protect their workers from overexposure to UV in the workplace. Workers have reciprocal duty to comply with policy and direction from management.

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Compensation Claims

There is considerable legal precedent recognising claims for skin cancer caused by sun exposure in the workplace

• A total of 1,360 workers compensation claims for sun related injury
• r disease in Australia between 2000 and 2009
• These claims have cost a total of $38.4 million
• Total payments for skin cancer claims doubled from $2 million in

2001-02 to $4 million in 2008-09

• Claims are determined on the “ balance of probabilities”

(Source: Safe Work Australia – www.safeworkaustralia.com.au)

In Practice

We have identified a number of issues in the practical application of the duty of care with regard to UV radiation. Some of them are:

– Interpretation of responsibilities for different employment statuses

(employee, contractors, sub-contractors, sole traders)

– Confusion between UV risk and heat risk in policies – Resistance from workers with regard to long clothing and heat – Sun protection policies that do not adequately protect employees from the hazard

– Risk assessment – Engineering controls – Administrative controls – Sun protection policy that is monitored for effectiveness and changed when necessary

Practical tips

Involve Cancer Council as independent advocate. Keep heat and UV arguments separate. Refer to other organisations that use best practice. Keep work force informed - allow some lead time two years not uncommon. Review changes with workers periodically. Have a grace period before full compliance required. Include in conditions of employment.

Practical tips

Keep up with new fabrics sunscreen formulations – non slip, non stick options now available. Encourage the use of UV websites and mobile phone apps. Remember light weight fabric options. Allow choice of PPE / reimburse – Energex. Remember PPE can be tax deductible. Use variety when making the case for change - science based, humour based and the more emotionally based angles.

Trends in workplace sun protection

Semi-prompted Hazards Ranked Electric shock 1st Tools and machinery 2nd Working at heights 3rd Vehicle accident 4th Heat stress 5th Chemicals 6th Sunburn 7th Asbestos 8th Drugs and alcohol 9th Mental health 10th

Bigger companies doing well – OSH infrastructure, accepted compensation risk. Smaller businesses – self employed tradies, franchises, not doing so well. They refer to comfort and convenience issues with regard to PPE Time and cost issues are important in this sector They only see risks as things that will kill them today not in 20 years.