Health and Safety Obligations within a Contractual Chain

by Oct 11, 2022Uncategorized, View All, WH&S

Workplace investigations are a vital part of maintaining the integrity and fairness of any organisation. When issues arise, it’s important for businesses to act quickly, ensuring that they address concerns in a transparent and lawful manner. Different types of investigations are needed for different situations, each requiring a tailored approach to ensure fair outcomes for all involved. Below are some of the most common types of workplace investigations and when they should be used.

Misconduct Investigations
Misconduct investigations are necessary when an employee breaches company policies or behaves inappropriately. This might include theft, dishonesty, substance abuse in the workplace, or breaches of confidentiality. Misconduct can also cover actions that damage the company’s reputation or relationships with clients. It’s important to act quickly when dealing with misconduct to maintain workplace standards and protect the business from potential legal liabilities.

Harassment and Bullying Investigations
Investigations into harassment and bullying are crucial when employees report or experience inappropriate behaviour. Whether the issue is sexual harassment, racial harassment, or bullying, businesses have a duty to investigate and take action. These investigations must be handled with care, ensuring that both the complainant and the accused are treated fairly, and that the process remains confidential. Addressing such issues promptly not only protects employee wellbeing but also helps to maintain a respectful workplace culture.

Discrimination Investigations
Discrimination investigations come into play when employees feel they’ve been treated unfairly due to attributes such as race, gender, age, disability, or sexual orientation. These cases can be complex and require careful handling to ensure compliance with anti-discrimination laws in Australia. A thorough investigation is essential to ensure that all claims are properly examined, protecting the organisation from legal action and fostering an inclusive workplace.

Health and Safety Investigations
When a workplace incident or a near-miss occurs, a health and safety investigation is needed. These investigations help to determine whether existing safety measures were followed and if further action is required to prevent future incidents. Compliance with workplace health and safety laws is essential in Australia, and these investigations ensure that businesses fulfil their obligations to protect their employees.

Workplace Culture Investigations
In some cases, broader concerns about workplace culture may require investigation. This can occur when there are ongoing issues affecting morale, such as repeated complaints about management or widespread dissatisfaction among staff. A culture investigation looks at systemic issues within the workplace and seeks to identify patterns that may be harming the work environment. These investigations provide valuable insights for leadership teams to implement lasting positive change.

How AHR Can Assist with Workplace Investigations
Conducting a workplace investigation requires impartiality, expertise, and a thorough understanding of Australian workplace laws. At Assurance HR (AHR), we specialise in handling workplace investigations with a high degree of professionalism and confidentiality. Whether you’re facing allegations of misconduct, bullying, discrimination, or safety breaches, AHR has the expertise to guide your organisation through the investigation process.

Our team works with you to ensure that every step of the investigation is conducted lawfully and fairly. We help gather evidence, interview witnesses, and provide detailed reports on our findings, making sure you have all the information needed to resolve the issue. By choosing AHR, you can focus on your business while we take care of the complexities involved in workplace investigations, ensuring you remain compliant and maintain a positive work environment. Let AHR be your trusted partner in managing workplace investigations with confidence and care.

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A contractual chain is the circumstance in which multiple contractors and sub-contractors are apart of the same project or task, contracted to undertake works specified within a contract. This is particularly common within the building and construction, transport, event, and hospitality management industries.

The person that is conducting a business or undertaking (PCBU) has the primary duty of care to ensure that a workplace is healthy and safe for workers, as is reasonably practicable. The PCBU often refers to the employer, however it is important to note that this responsibility extends to sole traders, self-employed individuals, companies, corporations, associations, and government entities.

Those working within contractual chains should be aware of the WHS obligations which sees each contractor responsible for maintaining a duty of care and for eliminating and reducing risk, as is reasonably practicable, to ALL workers on site not just those within said contracted service. This is inclusive of risk reduction via hazard and risk awareness, such as signs and written notice, as well as the provision of adequate knowledge, training, instruction, and supervision to see workers undertake tasks appropriately and safely, minimizing the risk to themselves and others.

All those partaking within a contractual chain project, need to assist in the co-ordination and development of a workplace specific, ‘reasonably practicable standard’. This entails a risk management approach in accordance with the safe work ‘Code of Practice’ that considers:

  • The likelihood of a hazard or risk occurrence and the degree of harm that such poses;
  • Availability and suitability of potential methods to reduce hazards or risk; and
  • Costs associated with the suggested risk reduction or elimination strategies.

Assurance HR Management have WHS specialist representatives who can assist you in conducting WHS Reviews of your workplace and off site locations. Should you have any queries surrounding your role within a contractual chain, call us today on 1800 577 515 and allow us to talk you through your responsibilities and how we can assist you in fulfilling such.

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