Health / Safety
The new workplace’ significant’ O H & S issue is rapidly becoming the Workers Compensation claim of work- related STRESS.
It is the focus of workplace psychological injuries. It still comes as a surprise to many employers that, it is not only physical injuries that can be claimed under the company Workers Compensation Policy but also –psychological injuries such as STRESS.
The OHS legislation in Victoria and NSW, expressly state - “harm” includes psychological harm. See for example in the definitions section of the 2004 Victorian Act, (S5) and the Objects section (S3) in the 2001 NSW Act.
The chief psychological injury being encountered is that of STRESS. Other than physical injuries, this psychological injury is set to rapidly expand in to the future.
The key problem with identifying this STRESS related injury is the fact that it can be very difficult to identify. The reason being that it can present itself in a myriad of ways that do not readily equate to - STRESS.
Help with identifying work related stress is now available on this Website.
Not, only help with identifying this injury but also help with developing a Stress Management Plan is also set down under the Head –STRESS.
Contributory Negligence
Many employers are largely unaware of their right to bring to the attention of their Workers Compensation Insurer, the facts, relating to their employees’ “contributory negligence.” This should be included in the Workers Compensation claim form and corroborating evidence in support, lodged with the Insurer. In this Website we explain what “contributory negligence” is and how you can support your assertion that the employer has not been the only party guilty of negligence.
Risk Assessments
Risk Assessments can be substantial evidence of your company’s –“due diligence” in regard to your statutory –Duty of Care. They are the third leg of the Risk Management tripartite paradigm that underpins the OHS Law in Australia.
The problem is that all too often company’s are preparing Risk Assessments but, in a woefully inept and incomplete manner. We show you in this Website how to comply with the Laws’ requirements. And to arm your company with the evidence of your due diligence so that should you be inspected by Workcover who find your company and perhaps company directors have been guilty of criminal negligence, the RA will stand as your defence.
If you have a question email our office.