A BALANCING ACT Phil Farrow Bedford, SA May 2009

1. A BALANCING ACT Phil Farrow Bedford, SA May 2009

2. CONTEXT CHANGED/CHANGING ENVIRONMENT EXPECTATIONS DUTY OF CARE – OHS & DISABILITY HARMONISATION/MODEL OHS ACT POTENTIAL CONFLICTS GENERAL VOCATIONAL & NON VOCATIONAL SETTINGS STRIVING FOR A BALANCE - RESPONSES, STRATEGIES, RESOURCES, ?s

3. RIGHTS RESPONSIBILITIES RISKS REASONABLE RESOURCES RELATIONSHIPS REGULATION I SAFETY IS PARAMOUNT IT’S MY RIGHT TO …..

4. 90sCONGREGATE/COLLECTIVE BLOCK FUNDING APPROACH WELFARE ORIENTATION BASIC OHS CONSIDERATIONS WORK PRACTICES FOCUSSED ON CLIENT CARE CO-OPERATIVE SERVICE INTERACTION BASIC ACCOUNTABILITY 00s INDIVIDUAL NEEDS FOCUS and PERSON CENTRED FUNDING COMMUNITY THRUST – INCLUSION, INTEGRATION INCREASED ATTENTION TO OHS & RISK MANAGEMENT MORE COMMERCIAL/BUSINESS ORIENTATION GREATER COMPLIANCE REGIME & ACCOUNTABILITY COMPETITION

5. APRIL ‘06 DEATH IN VIC - $1M+ FINE SEPTEMBER ‘08 JN (SA) PLACEMENT - FOOT INJURY, ~ $10K IN BOTH INSTANCES : FAILURE TO PROVIDE … “REASONABLY PRACTICABLE … SAFE SYSTEMS … INFORMATION, INSTRUCTION … TRAINING…” ASSAULTS IN SCHOOL SETTING, HOSPITAL : $300K FINE NOV ‘08 $5OK FINE FOR POOR FORKLIFT SYSTEM – INCL LACK OF MAINTENANCE/PRE OPERATIONAL CHECKLISTS FEB ‘09 DEATH OF VOLUNTEER ASSISTING TO REPLACE ROOFING SHEETS – INVESTIGATION IN TRAIN DEC ‘08/FEB ‘09 IMPROVEMENT NOTICE – UNSAFE WORK SYSTEM - ALLEGED INCIDENTS REPORTED TO EMPLOYER RE ABUSE TO STAFF BY RESIDENTS OF FACILITY ALSO - ACTIONS IN OTHER JURISDICTIONS eg Residential

6. RE-FOCUS OF ACTIVITY & PRACTICES - safety vs care/rights; more business like • CONTROL SHIFT • ACCOUNTABILITY & COMPLIANCE REGIMES – ARGUABLY DYSFUNCTIONAL SYSTEMS • REDUCED INTER-AGENCY SHARING • FINANCIAL IMPACTS • DIFFERENT, BROADENING SKILL/COMPETENCY SET • INCONSISTENT INFORMATION SOURCES • RESOURCE CAPACITY (incl funding) • TERMS & CONCEPTS eg “reasonable ……….” • PUBLIC RELATIONS / PROFILE

7. UPHOLD RIGHTS • SAFE ENVIRONMENT • MEET NEEDS, ACHIEVE GOALS • SATISFYING & MEANINGFUL ACTIVITY • CONTRIBUTE TO BROADER SOCIETY, ECONOMY &/or COMMUNITY • REWARD ($, ACHIEVEMENT, BELONGING) • LEGAL COMPLIANCE (OHS, DISABILITY, COMMON LAW)

8. OHS – REASONABLY PRACTICABLE …. TO PROVIDE AND MAINTAIN … A SAFE WORK ENVIRONMENT … WITHOUT RISKS TO HEALTH RESPONSIBILITIES: MANAGEMENT/ ORGANISATION – CONTRACTOR – VOLUNTEERS – WORKER - OTHERS • DISABILITY – SAME RIGHTS & RESPONSIBILITIES … AS COMMUNITY MEMBERS … EMPOWERED TO EXERCISE RIGHTS

9. ISOLATED WORK CERTAIN PLANT ( eg lifting equipment) DISPOSAL OF PLANT ELECTRICAL ISSUES EMERGENCY EXITS, FIRE etc WORKPLACE CLEANLINESS & HYGIENE

10. DEFINITIONS - WORKPLACE, DOMESTIC PREMISES, WORKER … “EMPLOYER” ex INDVIDUALISED FUNDING? • WHAT CONSTITUTES “REASONABLY PRACTICABLE” … “REASONABLE PERSON” ? • FORSEEABILITY, CAPACITY • PUBLIC SAFETY, EVENTS • CONTROL, UNSAFE WORK • RTOs – SAFETY TRAINING & ADVICE • FOR SOME STATES – OHS REPRESENTATION, CONSULTATION • ENFORCEABLE UNDERTAKINGS

11. FEDERAL ACT, STANDARDS • ST 2 – INDIVIDUAL NEEDS : meet needs in least restrictive way • ST 9 – EMPLOYMENT CONDITIONS : safe & comfortable work environment • ST 10,11 – STAFF & CLIENT TRAINING, COMPETENCIES • ST 12 – HUMAN RIGHTS: KPIs/Evidence relating to OHS Risk Assessment, Appropriate Physical Access

12. KEY ISSUES FOR SECTOR GENERAL • VERY NATURE OF DISABILITY – RISK FACTOR • ACCOUNTABILITY/COMPLIANCE REGIMES • RESOURCES • SPECTRUM OF SERVICE TYPES – services, locations, cultures • “NON- SECTOR” AWARENESS • OUR CAPACITY TO INFLUENCE, POSITIONING ADEs • OHS COMPETENCE & TRAINING (wage tools) • DUALITY OF FOCI – Disability : Safety & Commerciality : Service

13. KEY ISSUES FOR SECTOR DEN • ANOTHER’S WORKSITE • ISOLATED WORK IN COMMUNITY • “UNCONTROLLED” ENVIRONMENT • COMMUNITY EXPECTATIONS IN PERSON’S HOME • HOME vs WORKPLACE • UNCONTROLLED” ENVIRONMENT • ISOLATED WORK

14. RISK ASSESSMENTS – SAFETY CHECKS, DATA EX REFERRING AGENCIES, AGREED PRE-ACCEPTANCE PLANS, INCIDENT REPORTING & RECORDS/DOCUMENTATION ( incl> SOPs) (sensitivity & flexibility re assessments in homes) • MEETINGS • SECURITY/ISOLATED WORK – ALARMS, MONITORING, TRAINING, APPROPRIATE TRANSPORT ASSISTANCE, LOCATION OF “SAFEST SERVICE” • EMERGENCY SYSTEMS - FIRE, INFECTION CONTROL, 1ST AID

15. DEFINING RESPONSIBILITIES, RIGHTS, & NEGOTIATE/INVOLVE ACCORDINGLY • TRAINING • ELECTRICAL – USE OF PORTABLE RCDs • ADOPT “NO RISK” POLICIES • RESOURCES – eg - WorkCover SA & WorkSafe Vic – Guidelines for OHS in “Care” sectors, Placing Workers (Labour Hire) - Checklists – “Working Alone” (WorkSafe Vic), Event Safety (Safework SA) - Serious about Safe Business – Safety Pack - FaHCSIA Safety Training Resources

16. Common Goals Communication Consultation Cooperation Continual learning Commitment Contribution CEO support Consideration of others Change embraced Comprehensive (documented) system

17. PARTICIPATE IN REVIEWS, FORUMS • PURSUE/FOLLOW UP ISSUES & RECOMMENDATIONS EX REVIEWS, LOBBY • INFORMATION/AWARENESS RAISING “OUTSIDE” SECTOR • SECTOR ENGAGEMENT/POSITIONING • DEVELOPMENT OF GUIDANCE MATERIALS/CODE • REFINEMENT & CONSOLIDATION OF RESOURCES • NATIONAL WEBSITE • INCENTIVES/FUNDING & ALTERNATIVE REMEDIES • CROSS JURISDICTIONAL CO-OPERATION AND PROGRAMMES

18. DILEMMA CHANGED ENVIRONMENT IMPORTANCE OF SAFETY & DISABILITY IN OUR WORK DUTY OF CARE – SAFETY, DISABILITY SOME SPECIFIC OHS ISSUES, incl HARMONISATION INITIATIVE DISABILITY STANDARDS CONTEXT AREAS FOR CONSIDERATION/POTENTIAL CONFLICTS STRATEGIES, RESOURCES

19. A BALANCING ACT