NEW trends are often more easy to identify outside of major cities. Late last year it was apparent new employee recruitment was taking place in the local school assembly halls of suburban metropolitan cities and rural NSW.
Young school attendees less than enthusiastic about school academic curricula were turning to early employment.
Many employers view this niche market as a promise of cheap, keen, and potentially long term employees. The problem is national statistics reveal that upwards of 30 young people (below age 25) die at work each year in Australia. While the many thousands who are injured often suffer permanent disability.
Young males record a rate of injury that is three times higher than for females. NOHSC data reveals that young males particularly apprentices, experience a one in two chance of being injured at work. Compare this to a one in eighteen chance of injury for an older age category.
Problems also arise with young male workers due to the high risk activities that are frequently part of their work milieu – for example: bullying, victimisation, initiation and even macho behaviour.
In the courts
In a matter that came before the NSW Industrial Relations Court in April 2004 a Sydney manufacturer was fined $208,000 after the death of a young worker. The 22 year old factory hand received fatal crush injuries. The employer was found to have failed to ensure the safety of its workers under S8 (1) of the OH&S Act 2000
In other criminal prosecutions that have come before the courts, magistrates have taken the view that young workers, especially apprentices, should be the subject of a higher level of supervision.
Magistrate B Clifford in the Dandenong MC, passing judgment in a matter that came before him regarding an apprentice who suffered an injured hand feeding dough in to an unguarded moulder machine, remarked, “The difference between the circumstances that turn a minor injury into a severe one is insignificant. Relying on good luck is not the basis of a health and safety policy”.
Worksafe’s executive director John Merritt echoed the above view and in regard to this case stated, “Young people at the start of their working lives do not have the experience needed to deal with, or understand the seriousness of many work place situations.”
Where to start?
What then are the steps employers need to take to protect both the young worker and the boss from criminal prosecution? Employers owe all their workers a ‘duty of care’. The elements of this duty are set out in Section 8 of the NSW OH&S Law and Section 21 of the Victorian counterpart.
This means that the employer owes a duty to the employee to ensure that no work exposure may cause that worker to suffer an injury. For young workers this duty would be viewed even more closely and strenuously by the judiciary in the event of a criminal prosecution. The supervision and safe work elements set out below would need to be addressed even more assiduously than usual.
To start with it is advisable to develop an OH&S policy specifically aimed at covering young workers. The policy would highlight the need for a proper and thorough induction program, then address close supervision of these workers and the need for on-going training programs.
Employers also need to bear in mind that all too often young workers are not represented on safety committees nor do they become safety representatives. Moreover, they are often not consulted in regard to safe work practice. These are issues that need addressing so as to ensure their concerns and ideas and input are also taken in to account. Involving these employees in OH&S and your company’s safety management system can only be to the advantage of all concerned.
Ignorance is no defence
The next significant issue with young workers relates to legal age restrictions, which vary from state to state. The age of the worker is important, since some young workers can be as young as 15 years while others are perhaps 24.
The age restriction factor will also depend on the particular industry type and the task to be performed. For more information visit www.industrialrelations.nsw.gov.au, www.business.vic.gov.au or for federal awards call 1300 363 264. Alternatively phone your state’s Workcover/Worksafe authority.
But do not neglect this issue as it could cost you dearly. Ignorance of the law is no defence. In any event the law requires that the employer make available on the shop floor a copy of the relevant award amended and up to date.
It is really essential that young workers be given a proper induction training program. Material specific to your business and the task the young worker will perform must be fully and diligently communicated by a competent supervisor or safety committee person.
Proper compliance with this aspect not only provides guidance to the worker it provides a ‘due diligence’ defence to the employer in the event of a criminal prosecution. It is furthermore essential that the business prepare written ‘safe work method’ documents in respect of all the tasks to be performed by the young worker.
Similarly, as regards tasks that are for any reason identified as hazardous, a proper ‘risk assessment’ must be carried out as required by law and appropriate risk control measures put in place, in order to ensure young workers fully understand the hazards involved and are equipped to safely carry out the tasks assigned to them.
They also must have explained to them what the consequences may be of dangerous or potentially dangerous behaviour or experimental use of drugs at work or dangerous initiation rites. They must understand this behaviour may attract serious disciplinary procedures, even termination of employment.
But, all of this is still not the sum of the employers’ obligations. The work performed by the young worker must be closely monitored by the supervisor responsible. Only in this way can the employer hope to discharge his onerous duty of care.
It is simply wholly inadequate for the employer to conduct one training session and then put the young worker to carry out his/her duties unsupervised. All too often employers take the line, “Look I had him trained, what more could I do? We are too busy round here to molly-coddle anyone”. In court such a response will only earn you the severest punishment the magistrate can impose.
Supervision
In order for young workers to be adequately supervised, first the competence of the supervisors must be ensured. So training of young workers starts with the training of your supervisors. It is not only competence with execution of the task; safe use of the plant; proper use of safe work methods and PPE but, the supervisors need to understand what the law says about supervision.
The aforementioned sections in the Acts (both NSW and Victoria) specifically identify ‘supervision’ as a clear key responsibility of the employer, whether the latter has time to do this or not.
Finally, be aware that employers are required by law to record all injuries suffered by workers and in the case of young workers this would be especially important since any trend showing repeated injuries occurring to young workers would be considered very negatively by a Workcover or Worksafe inspector.
* Ray Schaffer is the principle consultant with RMH Schaffer and Co . Visit www.environmentdiy.com.au, pose a question and receive a reply at no cost. Alternatively call 02 9878 0613.