HR – Important Update
Fair Work Act
The Fair Work Act was recently amended to change workplace rights and obligations for casual workers. The reform introduces:
Casual Employment Information Statement (CEIS)
Definition of casual employment
Pathway for casual to move to permanent employment
Employers must now give every new casual employee a CEIS before or as soon as possible after they commence their role with you.
Employers that employ less than 15 employees are considered small employers and must give existing casual employees a copy of the CEIS as soon as possible
All other employers have to give existing casual employees a copy of the CEIS as soon as possible after the 27 September 2021.
In addition employers (other than small business), are required to offer casual employees to covert to permanent when:
They have worked for you for 12 months.
They have worked a regular pattern of hours for at least 6 months ongoing.
They could continue working those hours as a permanent employees without significant changes.
This needs to be undertaken in writing before 27 September 2021 or within 21 days of their 12 month anniversary. Your employees are required to respond in writing to the offer within 21 days of your offer.
For those existing casual employees you have to make an assessment if they are eligible for conversion before 27 September 2021, should they not be eligible you need to advise them with 21 days of making that assessment.
For any queries please do not hesitate to contact us.
WHS
Workers struck by mobile plant
In January 2021, a worker on a private property was fatally injured when a telehandler ran over him. Early investigations show the telehandler was loading a crop-dusting plane with fertiliser at a private airstrip on the property when the operator reversed it over a worker.
Safety issues
Telehandlers, short for telescopic handlers, are versatile hydraulic lifting units often used in the construction, farming and agriculture sectors.
Modern telehandlers are manoeuvrable hybrid units that offer the load lifting capabilities of a forklift with the lifting range of a crane. Units are equipped with a telescopic boom that can be fitted with a wide range of attachments to allow the unit to perform a wide variety of functions.
Telehandlers and plant designed to lift objects pose a number of similar risks to operators and pedestrians, including:
the plant colliding or contacting people or objects such as other vehicles or plant and energised powerlines
the plant overturning
objects falling on the operator
the operator being ejected from the plant.
Possible control measures to prevent similar incidents
Employers and self-employed persons are required to control the risk associated with mobile plant, including the risk of pedestrians being struck by mobile plant such as telehandlers. Before operating powered mobile plant, the person with management or control of it must ensure:
the mobile plant selected is right for the task and is fitted with suitable safety features (e.g. rear-view mirrors and reversing warning device)
the design and implementation of a traffic management plan, including identifying suitable exclusion zones and communicating these to workers and other persons in the vicinity before tasks are carries out
the use of a spotter where required, including suitable means of communication between the spotter and operator (e.g. two-way radio) to assist with the safe movement of the plant, particularly where there may be blind spots or other workers in the vicinity
ground conditions and the intended travel pathway have been inspected and assessed to identify any problem areas e.g. sloping ground
there is adequate lighting to safely operate the plant
Ensure any workers around the mobile plant are aware of operator blind spots and exclusion zones
Ensure the mobile plant is fitted with and has a working audible reverse warning device
the manufacturer's operating instructions have been read and are followed. For older items of mobile plant where operating instructions are not available, operational procedures and instructions for use should be developed by a competent person
untrained or inexperienced workers should not operate the vehicle, particularly in unfamiliar or high-risk terrain or for unfamiliar tasks
- information, training, instruction or supervision necessary to control the risks associated with plant.
- training programs should be practical and ‘hands on’ and take into account the particular needs of workers like literacy levels, work experience and specific skills required for safe use of the plant
- ensuring worker training, experience and competency aligns with the requirements and complexity of the task
- training on the make and model of plant should be documented.
New silo safety video series
Working with silos can be dangerous. Farmers are seriously injured or killed every year while working on or inside silos.
The three biggest reasons are:
falls from heights
being overcome by oxygen depleting fumes or dust in confined spaces
getting dragged into augers.
SafeWork NSW has produced a series of three short video safety alerts relating to silos. If you work around silos, we strongly encourage you to watch the videos and share them with your workers and industry contacts. Be silo safe!
For any questions please feel free to contact us.