Defending Your Company
If your company/organisation has a significant workers compensation
injury and or an incident where WorkCover becomes involved the potential for either a
Plaintiff legal firm looking at your place of work for negligence or a WorkCover
prosecution is a very real concern.
With a significant injury and a WorkCover prosecution the costs over a
three year period will see your company/organisation potentially not getting any change
out of $1,000,000.00. The more serious the event or if previous convictions have occurred
Gaol time is a very real possibility.
The first things plaintiff solicitors and WorkCover Inspectors look
for is the following;
- Full Induction program and assessment
- OHS training for Supervisors, Managers and Employees
- EEO training
- Emergency procedures/training and assessment
- Hazardous Substances procedures/training
- Systems of work/training and assessment/ SWMS's
- OHS systems
- Manual handling training
- Any plant and equipment pre start checklists
- Maintenance records
- Incident reporting
- Workers Compensation history
- OHS Committee training and evidence of Visual Factories
- Training records
- Risk reduction strategies, Hazard Identification, evaluations, control measures and JSA's
- Risk Management i.e. Policies, Procedures
This is just the beginning of either Solicitors or WorkCover Inspectors
auditing, interviewing and reviewing your systems and records for negligence. Under
Legal privilege the Assist Group can conduct a gap analysis of your OHSMS (Occupational
Health & Safety Management Systems).
From the gap analysis Assist Group can determine what areas of your
Organisations OHSMS's that need immediate attention in beginning to defend your company
from the possibility of a WorkCover prosecution or Common Law claim. Traceability is also
an important component in your documentation. Assist Group can review and make adaptations
to your documentation if required. In some cases your incident reporting systems may need
improvement, Assist Group can develop and implement an IT solution for you or improve your
current systems in tracing your Organisations history and then look at tracking potential
future trends in injuries.
If prosecution is pending Assist Group can help develop, write,
implement, collect and collate the documentation required. This package of information
can then be presented to Sparke Helmore Lawyers for dissemination and review before being
handed over to the WorkCover Prosecutor.
For Common Law claims Assist Group can provide the same assistance as
above before documentation is handed over to Plaintiffs' Lawyer.
Assist Group can also provide for your Organisation/Company Internal
Audits, Conformance Audits for ISO or AS4801 accreditation or Compliance Audits. These
audits can also be conducted under privilege if required by Sparke Helmore Lawyers.
(R.I.S.K.) Strategies
Assist Group can bring (R.I.S.K.) to your Organisation/Company and Provide you with the following Documentation/Systems, Training and Assessment in Bullet Proofing your OHS Administration. From the development and implementation of (RISK) Organisations/Companies can then start to look at achieving accreditation in ISO 9001, 9002, 9014 and AS4801.
These are the more important matters that need to be considered first in addressing any gaps in your current OHS Administration.
Documentation/Systems
- OHS Policy
- OHS Procedure
- HR Procedure
- Training Procedure
- Drug and Alcohol Procedure
- Emergency Procedure
- Environmental Procedure
- Isolation Procedure
- Confined Space Procedure
- Hazardous Substance Procedure
- Workers Compensation Procedure
- Site Plans
- SWMS
- Data Base development and implementation, Hazard Register
- Employee Induction manuals, job safety rules cards
- Contractor Induction, authority to work permits and registers
- Reports from data base
- Risk Reduction Matrix
Training
EEO, OHS Supervisor and Employee, Return to Work Coordinator, Induction, MSDS, Manual Handling, SWMS, Environmental, Tools and Work Instructions.
Assessment
Induction, MSDS, OHS, Environmental, EEO, Risk Assessments, Investigations, SWMS, Work Instructions and Tools.
Audits
Gap Analysis, Internal audit, external audit, conformance / compliance audits
Inductions
Development and implementation of Employee and Contractor inductions
Injury Prevention Strategies
- Pre Placement Medicals
- Manual handling training
- Tools awareness training & assessment
- Workplace ergonomic assessments
- Psych evaluations
- EEO awareness training & assessment
- OHS awareness training & assessment
- Environmental training & assessment
- Hazardous Substance training & assessment
- Duties Registers & suitable duties registers
- Work Instructions
- Safe Work Method Statements
- Workers Compensation training & assessment
- Introduction to Return to Work Coordinator training
- Advanced Return to Work Coordinator training
- Risk assessments, evaluations and controls
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