A publication of

WORKING ALONE,ISOLATED WORK &REMOTE WORK.

WORKING ALONE,ISOLATED WORK &REMOTE WORK.

Welcome.Working Alone, Remote and Isolated work refers to work that is isolated from the assistance of other persons because of location, time or nature of the work. It covers a broad range of jobs and industries - from farmers to real estate agents to individuals working from home or teleworking.

With regards to telework, the emergence of mobile and cloud technologies has redefined the traditional office or workplace.

With the additional complexity of new Model Laws, businesses need to address a range of regulatory and compliance obligation challenges; not least of all is how to keep workers safe in this new world of working. Certainly it requires more proactive consultation with workers, and the implementation of clear strategies and policies.

This e-book identifies general hazards involved in these working circumstances, helps you to understand your obligations, and provides practical tools to manage the risk. We are thrilled to be able to share this with you to assist in meeting compliance responsibilities and keep your workers from harm.

General Manager - WorkPro

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WORKING ALONE, ISOLATED WORK AND REMOTE WORK

Tania Evans

www.workpro.com.au

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CONTENTSPart 1: What is Remote and Isolated Work? 5

Part 2: Identifying & exploring hazards of remote & isolated work 7

Part 3: Legislative overview 8

Part 4: Case studies 11

Part 5: Practical tools to manage risk 13

Part 6: The future of Telework in Australia 16

How can WorkPro Help? 19

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WORKING ALONE, ISOLATED WORK AND REMOTE WORK

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

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IntroductionThe purpose of this E-book is to provide an understanding of:

For example:

What constitutes ‘remote and isolated work’Legislative overviewHow the risk can be managed within your workplace.

Is there the possibility of exposure to violence or aggressive customers?How long will they be working alone?What forms of communication does the worker have access to?Once the risks have been assessed, the next step is to control the risks For example, a service station attendant may work behind a glass barrier with monitored closed circuit television (CCTV) to reduce the risk of violence and aggressive customers. A telephone may be adequate in the event of an emergency as effective communication.

The Model Work Health and Safety laws introduced a new requirement under the Model WHS Regulations - this clause is titled ‘Remote and Isolated Work’. For those jurisdictions under Model WHS law (the Commonwealth, all States and Territories excluding VIC and WA) the new requirement places a duty on those conducting businesses or undertakings to:

Provide a safe system of work that includes effective communication with the worker when they undertake remote or isolated work. To do this, the PCBU (Person Conducting a Business or Undertaking) and workers should first assess the risks.

Expert advice and local knowledge may be required to assist with the selection of an effective communication system in the event of an emergency, as mobile phones and satellite communication systems may not be reliable in all locations.

For the non-model jurisdictions (VIC and WA) remote and isolated work falls under the general duty of care of the current OHS legislation in each State.

Source: http://www.workcover.nsw.gov.au/newlegislation2012/health-and safety-topics/hazardous-environments/Pages/remote-and-isolated-work.aspx

4

PART 1

What is Remote & Isolated Work?

5

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REMEMBER... Work Health and Safety Legislation applies to all type of work and workplaces, including workplaces that are:

Mobile Temporary; and Remote

remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.

assistance, includes rescue, medical assistanceand the attendance of emergency service workers.

Defined by Model Work Health and Safety Regulations 2011

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

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Safe Work Australia ‘Model Code of Practice for Managing the Work Environment & Facilities’ provides examples of what typical type of work that is deemed remote and isolated work...

A worker may be isolated even if other people are close by, for example, a person working from home or a cleaner working by themselves at night in a city office building.

The examples shown to the right are very common roles and situations across

a range of industries.

In some situations, a worker may be alone for a short time. In other situations, the worker may be on their own for days or weeks in remote locations, for example, travelling for work or working on sheep and cattle stations.

In other cases, a worker may be far away from populated areas, for example, on a farm.

REMOTE & ISOLATED

WORK

Sales representatives,

including real estate agents

(may be on the road)

Farmers

Shop & service station

attendants

Long distance freight

transport drivers

Health & community

workers

Individuals who work from home or away

from the office ie ‘teleworking’

Scientists, park rangers & others carrying out field work

alone

cont...

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

7

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Identifying & exploring hazards of remote & isolated work

PART 2

Many professions have an element of working alone or remotely. The circumstances and roles where workers are more likely to be considered as working in isolation include:

Working outside the normal operating hours for the workplace (e.g. shift work, nights, weekends) Working in remote buildings or sites Working in restricted areas (e.g. roofs, basements) Travelling to regional areas, interstate or internationally for business Exposure to aggression and poor access to emergency assistance are the main hazards that increase the risk of remote or isolated work. There are many factors that need to be taken into consideration when assessing the risksof remote and isolated work:

Is there the possibility of exposure to violent or aggressive people How long will they be working alone What forms of communication does the worker have and require access to. For example, access to the correct office set up when working from home

Duration & Time of day

• How long would the person need to be alone to finish the job?• Is there an increased risk on certain days or at certain times of day?

• Are there systems in place for regular contact with the worker and emergency communication?

• What is likely to happen if there is a vehicle breakdown?• Will immediate rescue or attendance be difficult?

• What is the worker’s level of work experience and training?• Are you aware of a pre- existing medical condition that may increase risk?

• Are high risk activities involved?• Is fatigue likely to increase risk?

• Is there an increased risk of violence?

Communication Location Nature of Work Workers skills and Capabilities

Exposure to aggression

Poor access to emergency

assistance

Increases the risk of incidents when working

remotely

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

PART 3

8

Model WHS Act Model WHS Regulations

The Model Work Health & Safety Act places a ‘primary duty of care’ on a Person Conducting a Business or undertaking (PCBU).

The PCBU must ensure, so far as reasonably practicable the health and safety of workers while workers are at work.

Part 3.2 General Workplace Management imposes duties upon the PCBU so far as is reasonably practicable, that the environment at a workplace is without risks to health and safety.

Division 6 – ‘Remote or Isolated Work’ dictates that the PCBU must manage risks to the health and safety of a worker associated with remote or isolated work

In minimising risks to the health and safety of a worker associated with remote or isolated work, a PCBU must provide a system of work and effective communication with the worker.

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Legislative Overview

The model laws have been adopted in all Australian jurisdictions with the exception of WA & VIC. For these States the OHS Act 2004 applies in Victoria and the OHS ACT 1984 applies in WA.

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

cont...

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CATEGORY 1: Those that involve recklessness and exposed an individual (to whom a duty is owed) to risk of death or serious illness or injury CATEGORY 2: Where a person is exposed to a high level of riskof death or serious illness or injury, but without recklessness. CATEGORY 3: Breaches that do not involve a high risk of serious harm and are without recklessness.

The WHS Act establishes three main categories of criminal offence penalties for a breach of a work health and safety duty:

Offences for Breaches

DID YOU KNOW?

The maximum penalty under the model WHS Act for a corporation ranges from $500,000 (category 3 offence) to $3,000,000 (category 1 offence).

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

cont...

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Approved Codes of Practice are a significant part of the Work Health and Safety legislative framework as they are a practical guide to achieve the standards of health and safety required under the model Work Health and Safety (WHS) Act and model WHS Regulations.

Codes of Practice provide duty holders with guidance on effective ways to manage work health and safety risks. They should always be followed unless there is another solution which achieves the same or a better standard of health and safety in your workplace.

What is the legal effect of a Code of Practice or published guidelines?

Courts may regard a Code of Practice or published guidelines as evidence of what is known about a hazard, risk or control and may rely on the Code of Practice or published guidelines in determining what is reasonably practicable in the circumstances to which the Code of Practice or published guidelines relates.

Codes of Practice are designed to be used in conjunction with the model WHS Act and model WHS Regulations but do not have the same legal implications. A person cannot be prosecuted for failing to comply with a Code of Practice.

The WHS Act and Regulations may be complied with by following another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work health and safety than the Code of Practice.

An inspector may refer to an approved Code of Practice when issuing an improvement or prohibition notice and may offer the person to whom the notice is issued a choice of ways in which to remedy the contravention.

Safe Work Australia has published guidelines to assist PCBUs in understanding and complying with their obligations:

This model Code of Practice applies to all types of work and all workplaces covered by the WHS Act and Regulations applying in a jurisdiction, including workplaces that are mobile, temporary and remote. This code of practice has been approved and has legal effect in the following jurisdictions:

NSW SA NT QLD* TAS

* QLD have delayed the provision of remote and isolated work until 1 January 2014

Codes of Practice and published guidelines

CLICK HERE TO VISIT SAFE WORK AUSTRALIA, MODEL CODE OF PRACTICE

For the non-model law States; Victoria and Western Australia, the following guidelines have been published to support the existing health and safety laws in those jurisdictions:

VICTORIA WESTERN AUSTRALIACLICK HERE TO VISIT WORKSAFE WEBSITECLICK TO VIEW PDF HERE CLICK TO VIEW PDF HERE

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

PART 4

Case Law : What can welearn from the Courts?

11

A truck driver employed by a Holdings Company was sub-contracted to a Transport Company to deliver goods to a mine site in Australia. The truck driver missed his turnoff to the site and his truck became bogged. The following day he was found dead 30km from his vehicle. An inquest was held to determine what the truck driver’s employers could have done to reduce the risk and avoid the incident occurring. Five recommendations were made by the Coroner :

1. Potable water - the companies should ensure their drivers are provided with an emergency supply of two to four litres of drinking water.

2. Emergency breakdown cards – Companies should ensure all drivers are provided with an “emergency breakdown card”, which includes site-specific information such as instructions on what to do and who to call in an emergency, and what radio channels can be used.

3. Emergency beacons - drivers travelling outside metropolitan areas should be provided with emergency beacons or personal locator devices, together with written instructions on how to use them.

4. Maps - systems should be in place to provide all drivers with written directions and maps, which clearly explain how to get to the required destination, “whether or not a driver asks”.

5. Late arrivals - procedures should be audited to ensure each driver’s expected time of arrival is recorded and emergency services are notified if a late driver can’t be contacted.

Source: http://www.ohsrep.org.au/safetynet-journal/safetynet-journal-archive/ohs-reps-@-work-safetynet-2012/safetynet-250

A worker temporarily deployed to Port Moresby in Papua New Guinea was seriously assaulted, causing her to develop depression.

The NSW Court of Appeal found that the employer had breached its common law duty of care; the employer had not provided sufficient guidance or information on security and potential dangers in the country. The Court awarded $570,000 to the employee.

Pacific Access Pty Limited v Davies [2001] NSWCA 218 (12 July 2001)

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WORKING ALONE, ISOLATED WORK AND REMOTE WORK

Duty of Care - Overseas

12

Recent Australian cases highlight that PCBU/employers, whether they reside in Australia or overseas, have a Duty of Care to ensure that their workers who work or travel overseas are safe.

The courts have expanded this duty to include injuries incurred while working overseas during working hours or during personal time. It is not only physical injures but psychological issues, for example stress, that are covered under this duty. This is why it is pivotal PCBU’s ensure they understand the environment that workers are deployed to.

Source: International SOS; White Paper - Duty of Care of Employers for Protecting International Assignees, their Dependents, and International Business Travelers

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Duic Vs Dillingham Corporation of New Guinea Pty Ltd (1972) 2 NSWLR 266

An employee was injured while on business in Papua New Guinea Employee granted workers’ compensation benefits

Federal Court upheld New South Wales Supreme Court decision awarding workers compensation because the disease was contracted during the course of employment.

Employee awarded compensation under the NSW Workers’ Compensation Act.

Tribunal found that employment abroud caused stress, aggravating an underlying condition of employee.

Construction manager on 15 month assignment in New York contract a viral disease suffering major injuries

An employee hired as a ship’s officer by a French company not registered in Australia was hospitalised after becoming sick while at sea

Employee alleged that employment abroad was the cause of an anxiety-related illness

Favelle Mort Ltd Vs Murray (1976) 133 CLR 580

Compagnie des Chargeurs Calendoniens Vs Weir (1980) 1 NSWLR 573

Re Commonwealth Banking Corporation Vs Angus Burns (1990) FCA 252

Sample of Relevant Australian Duty of Care Cases

Case (Name - Date) Description Decision

cont...

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

PART 5

Practical tools to manage risk13

There are a number of ways to manage the risk of remote and isolated work.

COMMUNICATION SYSTEM

Personal Security Systems

Radio Communication Systems

Satellite Communication Systems

Distress Beacons

Mobile Phones

Pagers

Audits and safety checklists in places of remote or isolated work

Developing a safety checklist for remote and isolated work to be completed prior to the worker undertaking the work in a remote location or in isolation is a practical way to identify the risks that they will be exposed to.

Regular monitoring/auditing is another step to ensure the safety of workers whilst working remotely or in isolation.Safety checklists should include; Security, Communication, Amenities and Facilities and Emergency Response.

Site inspections from external WHS consultants

Site inspections from professionals allows PCBU’s to trust the expertise of qualified individuals who are experienced in assessing remote and isolated workplaces.

This should provide not only the PCBU’s, but the worker with confidence that comprehensive measures have been taken to ensure safety.

BUDDY SYSTEMDuring remote or isolated work

ensure that workers have a ‘buddy’ – a colleague to escort them when

they are undertaking that job. It is safer to work in numbers when

undertaking this type of work and ensures that there is someone close

if an incident was to occur

WORKPLACE LAYOUT AND DESIGN

An assessment of the workplace and design is recommended before

a worker undertakes a piece of work. This will identify if there are any potential hazards to make the

worker aware of and also assess what safety procedures are already

in place

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WORKING ALONE, ISOLATED WORK AND REMOTE WORK

1 2 3

Controlling the risks

CommunicationSystem

Workplace Layout and Design

Movement Records

Training, Information and

Instruction

Emergency Plans

Buddy System

1

2

3

4

5

6

cont...

Practical tools to manage risk cont...

14

Formal document system, e.g. timesheets, recording location at different points in the day

Similar to movement records, formal documentation detailing location and hours worked will allow PCBU’s to be keep track of workers whereabouts at all times and identify last known location in the event of an emergency. This type of documentation is extremely useful in the case of an incident and makes the reporting procedure more accurate and easier to complete.

Adequate worker training and education

If a worker is to undertake remote or isolated work, it is important that the worker receives adequate training, induction and education. It is also advisable for the training and induction to be formalised and to include evidence that it has been delivered by the PCBU and completed by the worker. It should include a manual/guidance note that advises what precautions and checks should be made prior to, and while undertaking the work. An online induction and training program such as WorkPro’s Working alone module is a suitable solution as part of the training program.

TRAINING, INFORMATION AND INSTRUCTION

Training, information and instruction should be:

suitable, adequate; and readily understandable, having regard to:

the nature of the work carried out by the worker;

the nature of the risks associated with the work; and implemented

control measures.

MOVEMENT RECORDSMovement Records can be

created internally and should be kept updated with all worker

movements outside of the workplace.Movement Records are also kept by the Government and track the arrival and departure of travellers to Australia. These records’ include

details about the traveller and are a good way of tracking

overseas work.

EMERGENCY PLANSBased on the type of work, location and size of the workplace a comprehensive emergency plan should be created which includes:

• An effective response to an emergency• Evacuation procedures• Notification of emergency services at the earliest opportunity • Medical treatment and assistance protocols

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There are a number of ways to manage the risk of remote and isolated work.

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

4 5 6

Controlling the risks

CommunicationSystem

Workplace Layout and Design

Movement Records

Training, Information and

Instruction

Emergency Plans

Buddy System

1

2

3

4

5

6

WORKING ALONE, ISOLATED WORK AND REMOTE WORK15

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Provision of Welfare Facilities for Remote & Isolated Workers

cont...

Health and safety legislation requires the PCBU/employer to provide workers with access to adequate facilities. This includes:

It may not always be reasonably practicable to provide the same types of facilities for a temporary, mobile or remote workplace that are normally provided for a fixed workplace. When considering how to provide and maintain facilities for remote and isolated workers, all relevant matters must be considered, including:

The nature of the work being carried out at the workplace

The nature of the hazards at the workplace

The size, location and nature of the workplace

The number and composition of the workers at the workplace.

These facilities must be:

Toilets

Drinking water

Washing facilities

Eating facilities

In good working order

Clean

Safe

Accessible

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

The future of Telework in Australia

16

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PART 6

“Currently around 6 % of Australian workers have a telework arrangement with their employer”

Australian Government, Department of Broadband, Communications and Digital Technology

What is telework?Maximising the profit and productivity by enabling, supporting and effectively managing the performance of work in non traditional work places. Telework means work from a distance although it has many forms and labels, including remote access, remote work, mobile work, e-work, telecommunicating, working from home and more.

(definition quoted from Telework Australia)

The Australian Government supports working remotely...By 2020, Australia will have doubled the level of telework, so that at least 12 % of Australians around the country have a flexible arrangement to work from home or other locations away from the office, using high-speed broadband.

The NBN site states “Getting more Australians working from home will have great benefits for employees and employers alike. International evidence and experience shows that telework can deliver a broad range of benefits to individuals, employers, and society as whole. Telework is a shift in the way we do business that can make a big difference over time.”

What are the benefits?The Australian Government report that the benefits achieved depend on a range of factors, including the way telework is implemented; the number of employees who are teleworking; and the quality of digital infrastructure available.

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

The future of Telework in Australia cont...

17

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cont...

Benefits for Employers...

Benefits for Employees...

Reductions in operational costs, increased productivity, and a driver for innovation

Improved recruitment and retention outcomes, particularly when telework isimplemented to help overcome skill shortages caused by geographical barriers

A reduction in absenteeism associated with short term staff family issues and through improving work/life balance for staff

Increased job satisfaction and improved work life balance

Financial savings and a reduction in the stress caused by daily commuting

The ability to remain in a regional or rural community rather than relocatingin order to find work

The potential to keep your job if you move house, further away from your office

WORKING ALONE, ISOLATED WORK AND REMOTE WORK

Summary18

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Understand what constitutes Remote/Isolated work - “Remote or Isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.”

Familiarise yourself with the legislation - Legislation may differ in each State . Ensure you are aware of the legislation and the implications of a breach whether this be Model Law, Victorian Law or Western Australian Law

Create a culture of compliance, reporting and keeping the safety of workers a priority. Cascade the benefits of putting safety measures in place and encourage workers to contribute towards a safer working environment

Identify which workers are involved in remote and isolated work - by asking questions around working hours, accessto communication devices, location of work, nature of work and the skills and capabilities of that worker

Controlling the Risk - put measures in place that assess, and include the following actions; Communication plans, Buddy Systems, Audits, Record Keeping, Training , Information and Instruction, Emergency Planning and Access to Amenities and Facilities

WORKING ALONE, ISOLATED WORK AND REMOTE WORK19

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How can WorkPro Help?

Benefits:

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• Centralised services

• Instantly reportableand auditable information

• Practical induction content thatis job and industry-based

• A trusted partner to hundreds of companies

By using WorkPro, you can expect access to a fast, simple method of being able to get your job-seekers ‘work-ready’ in accordance with the new laws. All in one Place.

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WORKING ALONE, ISOLATED WORK AND REMOTE WORK

Lastly...We hope you enjoyed our ‘Working Alone, Isolated Work and Remote Work’ ebook. We encourage you to share this ebook with your colleagues, clients, associates and friends.

About the authorWorkPro has partnered with subject matter experts to provide this comprehensive ebook on isolated and remote work. WorkPro is a web-based employee screening and compliance solution, that centralises work health and safety inductions, police checks, visa checks and licence management.

Visit www.workpro.com.au or call 1300 975 776 for further information.

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