Safety Month - VGSO Spotlight on Health and Aged Care

October is National Safe Work Month and the theme this year is "think safe. work safe. be safe." 

Recent prosecutions in the Health and Aged Care Sectors have highlighted the importance for operators to comply with OHS obligations. This recent prosecution in Queensland focused on safe systems of work and how important it is for individual employees in this sector to comply with their obligations, or face personal liability. The decision is a timely reminder for all workplace participants to cooperate in their efforts to ensure health and safety. 

The facts

A Queensland residential care worker was charged with two offences under the Queensland Workplace Health and Safety Laws following an incident where a patient fell from his bed and sustained fractures.

The worker lowered the side rails of the patient's bed despite being instructed by his employer to leave the rails in the raised position unless performing activities that required the rails to be lowered. The worker later found the patient on the floor and placed the patient back in bed. The worker failed to report the incident and, at the end of his shift, failed to advise the worker coming on shift of the incident. This impacted the employer's ability to remediate the situation. 

The worker was subsequently charged with failing to take reasonable care that his acts or omissions did not adversely affect the safety of others and with exposing a person to a risk of injury through the failure.

The Magistrate, in fining the worker $15,000, found that the highly experienced worker would have been aware of the appropriate action to take but failed to follow his employer's safe systems of work.

Key takeaways

The key takeaway from this case for employers is the importance of being able to demonstrate the existence of safe systems of work and to demonstrate that the systems have been clearly articulated to and understood by the workforce. Taking these steps in this instance meant that the employer did not face charges.

Once safe systems of work are established, employers must remain constantly vigilant to the prospect of employees departing from the system and provide such information, instruction, training and supervision that ensures that the systems are followed.

The case is also an important reminder for all employees that they are at risk of personal liability if they fail to take reasonable care that their actions or omissions do not adversely affect the safety of others.