Working with Children Checks – Clubs Obligations Rhys Braybrook, Workplace Relations and Policy Manager Clubs may require some or all their staff …
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Rhys Braybrook, Workplace Relations and Policy Manager
Clubs in SA that have at least one paid employee and will therefore be deemed as a “person conducting a business or undertaking” (PCBU) will have obligations towards all its workers (employees & volunteers) under the Work Health & Safety Act 2012 (SA).
One of these obligations is a requirement to let SafeWork SA know as soon as possible if a “notifiable incident” has occurred as a result of work undertaken at the premises.
A notifiable incident is where work is carried out and it results in:
- The death of a person;
- serious injury or illness of a person; or
- a dangerous incident.
A serious injury of a person includes those that required or would reasonably be considered to require:
- Immediate treatment as an in-patient in hospital for any duration
- immediate treatment for:
- an amputation of any body part
- a serious head, eye or burn injury
- a degloving or scalping
- a spinal injury
- a loss of bodily function
- a serious laceration
- medical treatment within 48 hours of exposure to a substance
Serious illness includes:
- any infection where the work is a significant contributing factor or is reliably attributable to:
- working with micro-organisms
- providing treatment or care to a person
- contact with human blood or body substances
- handling or contact with animals, or animal hides, skins, wool, hair, carcasses or waste products that result in zoonoses which are infectious diseases that naturally spread between vertebrate animals and humans such as avian influenza, anthrax, Q fever etc.
A dangerous incident (which can also be referred to as a near miss) is an incident in a workplace that exposes a worker or any other person to a serious risk to their health or safety emanating from an immediate or imminent exposure to a number of risks. These risks include:
- uncontrolled escape, spillage or leakage of a substance
- uncontrolled implosion, explosion or fire
- uncontrolled escape of gas, steam or a pressurised substance
- electric shock
- fall or release from a height of any plant, substance or thing
- collapse, overturning, failure or malfunction of, or damage to, any plant that requires authorisation for use in accordance with the Work Health and Safety Regulations 2012 (SA)
- collapse or partial collapse of a structure
- collapse or failure of an excavation or any shoring supporting an excavation
- inrush of water, mud or gas in workings, an underground excavation or tunnel
- interruption of the main system of ventilation in an underground excavation or tunnel
- unplanned loss of control of heavy earthmoving machinery, including brake or steering failure, at a mine
- any other event prescribed by the Work Health and Safety Regulations 2012 (SA).
Whilst only notifiable incidents need to be referred to SafeWork SA, it is best practice for all clubs to ensure any incidents are reported on by staff and that appropriate records of what occurred are maintained. This helps ensure clubs are meeting other WHS duties as well as general duties of care.
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