An article by Peter O'Brien
One of the most important tasks I have taken on in almost every Company that I have worked is looking over the policies and procedures of Occupational Health & Safety.
I have always considered this area of responsibility to be extremely important.
Besides the legislative requirements that business’s need to ensure that are in place, implemented and reviewed, it is at the top of my list because I do not want my staff to face any danger or unnecessary risks whilst they are working for me.
O, H & S has become a priority in not only real estate businesses, but many companies and different industries throughout Melbourne and indeed Australia. Unfortunately in most cases many Business Owners don’t focus on this area in their day to day working responsibilities and O, H & S elements are generally only reviewed when we come across an actual problem or an issue has been reported. We must ask ourselves the question - Why do we wait until an incident occurs before we take a look in our “Own backyards?”
I can still remember the chilling incident way back in October 2005 in which an agent’s representative was murdered in Victoria. It was at a private property inspection. This was a terrible tragedy, and I actually know of several other events equally as disturbing that have occurred in the real estate industry and it is frightening that sometimes we get caught up with what work we have to do and our busy lives both professionally and privately we potentially are putting ourselves and others in danger. – I am sure that all of us would like to be able to do everything we possibly can to make sure we are all safe as we attend to our day to day work.
1st January 2012 marked an historic event for our jurisdiction with the commencement of the Work Health and Safety Act 2011(Cth) (WHS Act) for the Commonwealth jurisdiction.
The WHS Act replaced the now retractedOccupational Health and Safety Act 1991.
The WHS Act initiated a new era in the harmonisation of health and safety for all Australian workers. A number of other legislative instruments that support the document also commenced on that day:
- Work Health and Safety (Transitional and Consequential) Act 2011 (Cth).
- Work Health and Safety Regulations 2011 (Cth).
- Work Health and Safety Approved Codes of Practice 2011 (Cth).
The legislation offers an opportunity for a person conducting a business or undertaking to review, refresh and renew how we manage health and safety through governance, policies and procedures. It also provides the opportunity for all workers to consider their role in health and safety at work.
The new WHS laws maintain the following important safety obligations:
- the health and safety of people must underpin all operational decisions
- appropriate consultation, training and safe systems of work
- workplaces free from harassment and bullying
- agencies and organisations remain subject to enforcement action for non-compliance.
When we look at out OH & S policies we can’t just look “within your own office”.
Although it is important to create a safe working environment within the office premises, we must also look at other locations that we as Real Estate Agents need to visit to fulfill our employment duties.
The Act defines a workplace as ‘any place indoors or outdoors, where employees or self-employed persons carry out work, for eg: a block of managed apartments, where maintenance work is carried out.
When staff inspects a managed property, this managed property is defined as the “workplace”.
It must be safe. We all need reminding that we should not take on the management of any property that we feel is not safe.
This topic is sometimes so easily forgotten so I am begging you all please to take a look at your O, H & S responsibilities and make the decision that it is time to review this area in your business! Life depends on it.
If you would like any assistance in this area in your business please do not hesitate to contact me peter@bwt.com.au