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231 Unions NSW

Submission on Draft Model

Work Health Safety Codes of Practice

16 December 2011Submission by:

Unions NSW

Trades Hall Building

Level 3, 4 Goulburn Street

Sydney NSW 2000

T: 02 9881 5999

F: 02 9261 3505

231 Unions NSW

Contents

Definitions p.2

Introduction p.3

Draft WHS Codes of Practice

1.Safe Design of Buildings and Structures p.4

2.Excavation Work pp.5-6

3.Demolition Work p.7

4.Spray Painting and Powder Coating p.8

5. Abrasive Blasting pp.9-10

6.Welding and Allied Processes pp.11-12

7.Safe Access to Tree Trimming and Aboriculture pp.13-15

8.Preventing and Managing Fatigue in the Workplace pp.16-20

9.Preventing and Responding to Workplace Bullying pp.21-28

ATTACHMENT 1

231 Unions NSW

ACTU Health and Safety Guidelines for Shift Work and Extended Working Hours, September 2000

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Unions NSW Submission - Draft Model WHS Codes of Practice 1

Definitions:

For the purpose of this submission the following definitions apply:

‘COP’ means a Draft Code of Practice subject to approval under Division 3, S.276 (4) of the WHS Act.

‘HSR’ is a Health and Safety Representative elected or otherwise nominated by a workgroup in accordance with the provisions of Division 3 of the WHS Act and Chapter 2, Division 2 of the WHS Regs

‘Issues Paper’ means the Draft Model Codes of Practice: Overview and Issues Paper September 2011.

‘OH&S’ means occupational health, safety and welfare.

‘OH&S Act’ means the NSW Occupational Health and Safety Act 2000 as amended.

‘OH&S Reg’ means the NSW Occupational Health and Safety Regulation 2001, as amended, made under Part 3 of the OH&S Act and all subsequent OH&S Regulations made under Part 3 of the OH&S Act.

‘PCBU’ means ‘person in charge of a business or undertaking’ as defined in Sub Division 2 S.5 of the WHS Act.

‘PPE’ means Personal Protective Equipment.

‘SDS’ means Material Safety Data Sheets, or Safety Data Sheets.

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‘SWA’ means SafeWork Australia.

‘SWMS’ means a Safe Work Method Statement or Safe Work Procedure.

‘Unions NSW’ is the peak body for trade unions and union members in NSW. It has 64 affiliated unions and trades and labour councils, representing approximately 600,000 workers across NSW.

‘WHS Act’ means the Model Work Health and Safety Bill revised draft 23 June 2011.

‘WHS Regs’ means the Draft Model Work Health and Safety Regulations, 7 December 2010 made under Division 3, S.276 of the WHS Act.

‘Work Cover’ means the regulator for NSW OH&S legislation.

“Regulator’ means a Commonwealth, State or Territory organisation with responsibilities for regulating OH&S (with the exception of NSW).

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Introduction:

Unio Unions NSW welcomes the opportunity to provide a submission on the following Draft COPs. Safe Design of Building and Structures. Excavation Work. Demolition Work. Spray Painting and Powder Coating. Abrasive Blasting. Welding and Allied Processes. Safe Access in Tree Trimming and Arboriculture. Preventing and Managing Fatigue in the Workplace. Preventing and Responding to Workplace Bullying.

Unions NSW is a State Peak Body as defined by the Industrial Relations Act 1996 (NSW). Unions NSW has over 60 affiliated unions, representing over 600,000 workers in NSW, with each union representing members from many diverse backgrounds and industries.

NSW unions represent members employed in a wide range of industries including public sector, teaching, local government, retail, distribution, childcare, manufacturing, electrical, health, emergency services, engineering, construction, administrative etc.

Unions NSW, together with a number of affiliated unions made considerable detailed evidence-based submissions regarding both the Draft Model WHS Act in 2008 and Draft

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WHS Regs in 2011.

Unions NSW also notes that on page 7 of the Issues Paper on the Draft COPs the statement “... The draft model Codes of Practice have been developed to reflect the requirements of the model WHS regulations and includes references to specific regulations. Comments should not focus on the regulations themselves but on the guidance that is needed to comply with the WHS Regulations. ...”

Unions NSW believe that any comment on the draft model COPs without direct reference to the model WHS Regs may be difficult to avoid. Unions NSW firmly believe that it is in the public interest that any such matters will be addressed, as identified, via this submission.

Unions NSW do not support the use of the term ‘as far as reasonably practicable’ in COPs. This is consistent with the position we have maintained in our previous submissions on the WHS Act and WHS Regs.

This submission is provided to SWA on a ‘without prejudice’ basis.

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DRAFT MODEL CODES OF PRACTICE.

1. Safe Design of Buildings and Structures

1.3 Other persons with key roles in design and construction.

The Client

Unions NSW believe that the two dot points under this heading should be amended and

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expanded to read, as follows:

Consult with the designer, in order that the designer can ensure that health and safety risks are eliminated or minimised, either arising from the design of the building or structure, and/or the work to be conducted at the building or structure upon completion, both during and following construction, and

Ensure the designer is provided with all available information on the hazards and associated risks to health and safety at the site where the construction work is to be carried out, prior to and during the construction work.

Consultation co-operation and co-ordination.

Unions NSW believe that the boxed section under this heading should be also amended and expanded to read, as follows:

“... A person conducting a business or undertaking must consult with workers who will be required to work in a building or structure, prior to and during construction, or renovation, who are (or likely to be) directly affected by work health and safety matter arising from the design or proposed function of the building or structure.

Consultation must involve a health and safety representative, if elected, and union representative. ..”

This statement gives greater emphasis to the paragraph following the boxed statement.

Information transfer

On p.9 under the heading: “Points for designers to consider when providing information include:” Unions NSW support the deletion of the word ‘hazardous’ before ‘substances’. In our previous submissions on the COP on Hazardous Chemicals we have expressed our opposition to the use of this word as restricting effective risk management to a particular class of chemical, or substance, whereas the WHS Act, despite the Act’s significant shortcomings embraces a much broader obligation in Division 2 at s.22, where the duty of the designer to provide information includes all substances.

Unions NSW would therefore insist on the removal of the word ‘hazardous’ in describing ‘substances’ at this point, and at all other parts of the COP where the term appears as consistent with the provisions of the WHS Act.

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2. EXCAVATION WORK

1.INTRODUCTION

1.1 What is excavation work?

High Risk Construction Work

Unions NSW has previously objected to the use of the term ‘high risk’ in conjunction with ‘construction work’ when commenting on the COP on Managing Risks in Construction Work, for the reasons stated in our submission. We again re-iterate that the line between low risk and high risk construction work is all but non-existent, given that the nature of the risk can change as a consequence of both work activities and external factors impacting on the work. All construction work, by its very nature, is therefore in our view a potentially high risk activity.

We would therefore insist that any form of excavation work involves high risk, and does not necessarily involve all the factors that are identified in this COP that in SWA’s view constitutes ‘high risk’. Additional risk factors given the nature of the work in this instance exist.

2. 2. MANAGING RISKS WITH EXCAVATION WORK3.4. 2.1 Identifying hazards

‘Hazardous chemicals’ are identified as a potential hazard in this sub-section. Unions NSW would insist on deletion of the word ‘hazardous’ at this point, and hereafter where it appears in front of either chemical(s) or substance(s) in favour of chemicals/substances. Unions NSW note the use of ‘hazardous atmosphere’, which we support as appropriate in describing a dangerous atmosphere in relation to the breathing zone of workers.

5. 3. PLANNING THE EXCAVATION WORK6.7. 3.5 Essential services

Unions NSW insist that requirements for demolition licensing are specifically listed in this section. It is an unrealistic expectation to expect that persons will refer back to “other” bodies which may also supply/stipulate this information.

8.9.

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4. EXCAVATION WORK AND METHODS

4.2 Tunnelling

Tunnelling Hazards and Risks

Unions NSW recommends that in the interests of consistency, the dot point referencing ‘ground gas’ be changed to ‘hazardous atmosphere’.

Unions NSW would also envisage that the Risk controls mentioned in this sub-section would also include breathing equipment, particularly when a hazardous atmosphere is present, and cannot be effectively ventilated by external mechanical means.

Unions NSW would also envisage that the Risk controls mentioned in this sub-section would also include breathing equipment, particularly when a hazardous atmosphere is present, and cannot be effectively ventilated by external mechanical means.

10. 6. OTHER EXCAVATION WORK RISKS AND CONTROLS11.12. 6.1 EXCAVATED MATERIAL AND LOADS NEAR EXCAVATIONS

In relation to the example of excavated material impact illustrated in Fig.14 under this sub-section, Unions NSW suggests that in the second paragraph under this illustration, reference should also be made to covering spoil on the high side of an excavation with waterproof material to ensure the spoil is not eroded by water. This protection would be applicable where spoil cannot be readily removed after excavation.

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3. DEMOLITION WORK

3. PLANNING THE DEMOLITION WORK

3.5 Demolition Licensing

Union NSW would anticipate that the requirements for demolition licensing be specifically listed in this sub-section. We also believe that It is an unrealistic expectation to expect that PCBUs, or other persons, will refer back to “other” bodies which may also supply/stipulate this information.

If the information and requirements are provided in the COP there can be no argument whether a PCBU, or other persons did/or did not seek the information independently, unless of course they did not use a COP in the first place.

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4.SPRAY PAINTING AND POWDER COATING

2. HOW TO IDENTIFY HAZARDS

2.1 Identifying hazardous chemicals.

Unions NSW in response to the COPs currently subject to public comment have repeatedly raised the issue of the confusion and misuse created in the COPs over the use of the term ‘hazardous chemicals’. This is another example of this problem.

The heading of this sub-section must be amended to ‘Identifying chemicals or substances with hazardous properties’. Unions NSW insist that all reference to ‘hazardous chemicals’ thereafter in this COP should be amended accordingly, unless specifically referring to a chemical or substance that is scheduled in WHS legislation as a hazardous chemical/substance, e.g. COP p.21 – Triglycidylisocyanurate (TGIC).

For consistency, the heading Hazardous chemical register must also be amended to ‘Workplace chemicals/substances register’, or a similar acceptable descriptor and be applicable to all chemicals/substances used at the workplace, business or undertaking.

In addition, any provision governing the use of a hazardous chemical/substance must be prefaced by ‘must’, as opposed to ‘should’ (e.g. sub-section 3.1- re reference to use of an SDS on a hazardous substance/chemical; sub-section 4.2 use of a spray booth when using hazardous chemicals/substances).

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5. ABRASIVE BLASTING

2. PROHIBITED SUBSTANCES

As previously stated, Unions NSW requires that the heading for Table 1- Prohibited hazardous chemicals be amended to ‘Prohibited chemicals and substances’.

ABRASIVE BLASTING PLANT AND EQUIPMENT

7.8 Temporary enclosures

The third paragraph under this sub-section makes mention of ‘shade cloth’. Unions NSW do not object to referring to this material, but would suggest that the paragraph be amended to read:

Any porous material (e.g. sail cloth), or material which become porous through contact under pressure, or other means, must not be used for temporary enclosures if the work generates silica, lead, or other toxic dusts. A list of materials which are considered suitable by SWA for temporary enclosures should also be included at this point.

Finally, Unions NSW strongly support the inclusion of specific clauses on Abrasive Blasting which are taken from our submission on the WHS Regs.at pp.90-91namely;

Use of Controls When Abrasive Blasting

(1) A person conducting a business or undertaking at a workplace must ensure that abrasive blasting carried out at the workplace is carried out in a manner that will not

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expose any person to a risk to their health or safety.

(2) If it is not possible for abrasive blasting to be carried out in a blasting cabinet or blasting chamber, the person conducting a business or undertaking must ensure that a worker carrying out the abrasive blasting, and other persons at the workplace, are protected from the risks resulting from the abrasive blasting by using one or more of the following:

(a) substitution of abrasive blasting with another cleaning process that eliminates or minimises health and safety risks;

(b) isolation of the abrasive blasting work by the use of robotics, or other suitable engineering controls;

(c) engineering controls, by the use of extraction systems, silencers on intake and exhaust systems;(d) administrative controls, including training, defined exclusion zones, and separate amenities facilities.

(e) personal protective equipment – including respiratory protection, eye and hearing protection, protective clothing, footwear and gloves.

(3) An emergency switch that immediately stops the flow of abrasive material must be installed.

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Ventilation of abrasive blasting area

A person conducting a business or undertaking at a workplace must ensure that an area in which abrasive blasting is carried out at the workplace is ventilated to eliminate the risks to the health and safety of workers and other persons caused by exposure to inhalable particles.

Waste Materials

(1) A person conducting a business or undertaking at a workplace must ensure that any airborne, liquid or solid residue, or waste material, resulting from abrasive blasting at the workplace does not pose any risk to the health and safety of workers or other persons at the workplace.

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(2) The person in charge of a business or undertaking must ensure that any airborne, liquid or solid residue, or waste material, resulting from abrasive blasting at the workplace is captured and disposed of in accordance with [the relevant State or Territory law].

Further to the above, Unions NSW also insist on the inclusion of a further sub-clause, to read;

Monitoring

Monitoring must be undertaken to ensure workers and other persons are not exposed to levels in excess of the exposure standard where it is likely that exposure standards will be reached.


6.WELDING AND ALLIED PROCESSES

1. INTRODUCTION

1.1 Introduction

Unions NSW suggest that a fourth dot point be added under the various forms of welding, identifying ‘fusion welding’.

1.2 Who has health and safety duties in relation to welding and allied processes?

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Unions NSW propose that the second paragraph under this heading specifies the relevant sections of the WHS Regs., and any COPs which are of relevance to managing the particular hazards, referred to.

2. HOW TO MANAGE RISKS

Unions NSW suggest that the last ‘common hazard’ identified under Table 1-Common hazards associated with welding be expanded to include dehydration.

3. SPECIFIC HAZARDS AND RISK CONTROL

3.2 Electrical Hazards

Table 2 - Procedures to reduce the risk of electric shock.

The second procedure under the work phase ‘Before welding or allied processes must be amended to read;

‘Do not work in any environment that is damp, humid, wet or where a worker may be exposed to rain’.

The first and second procedures under the work phrase ‘During welding or allied processes must be amended to read;

‘Do not work alone’, and;

‘Wear personal protective equipment, including welding gloves and water proof, rubber soled, fully insulated shoes or boots while working.

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3.3 Fire and Explosion

Unions NSW propose an additional paragraph be added at the conclusion of this sub-section that reads as follows:

Workers involved in welding activities must be adequately trained and instructed to drain and purge equipment immediately after finishing a welding task, rather than leaving it to the next worker using the equipment when they start a new welding task.

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This procedure will significantly reduce any risk of residual gas remaining in the gas line/hose. The worker commencing a new welding task can be confident that the lines/hoses are clear i.e. the procedure is to drain and purge the hoses, and then lock the gas off at the valve.

3.5 Compressed and liquefied gases

Control Measures

Unions NSW support the addition of an additional dot point under this heading, as follows:

testing of flash back arrestors at periodic intervals (not less than every 12 months)

3.9 Other hazards

Working at heights

Amend dot point two of point 3, to read;

work positioning systems (for example, fire resistant/flame proof industrial rope access systems).

Finally, the second last paragraph of this sub-section must be amended to read;

‘Welding and allied processes must not be carried out on ladders. There is a risk of injury from falls, due to the limited visibility of the worker, and the risk of electrocution if an aluminium ladder is used in conjunction with electric welding. Ladders may also be damaged by welding.

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7. SAFE ACCESS IN TREE TRIMMING AND ARBORICULTURE

Unions NSW have difficulties with the narrow scope of this COP. We would have thought that a COP covering all OH&S issues associated with tree trimming, removal and arboriculture generally would have far more benefit for all stakeholders in this industry, as opposed to a COP which is

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confined to ‘safe access’. Notwithstanding our comments on this COP, we believe that a far more useful and effective COP would result from following this course of action.

2. MANAGING THE RISKS

2.1 Hazard Identification

2.2 Assessing the risks

Some of the issues identified in the dot points under this sub-heading must be considered as mandatory steps, as opposed to matters to consider. Unions NSW have identified a number of these issues under our proposed sub-heading 3.1 as matters that must be addressed before work commences.

Tree integrity

The first paragraph should strongly emphasise that no trees, or species of tree, are the same and risk management must deal with each tree in a comprehensive manner. This emphasis must be included is in addition to the dot points under ‘Tree issues to consider’.

3. METHODS OF ACCESSING A TREE

Unions NSW propose that, 3.1 be re-numbered 3.2, and replaced with an additional heading, namely;

a. Before climbing a tree

Before climbing a tree, the following issues must be addressed:

All trees must be inspected by a competent person before work is commenced, to determine if precautions or special techniques are required for the climb.

Climber(s) must agree that the tree is safe to climb.

The rescue climber shall check the climber’s points of attachment prior to the commencement of work each day.

The work site must be signposted as a worksite and isolated from all motor traffic and persons.

A hazard identification and risk assessment must take place in consultation with workers and HSRs.

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A safe work plan, with SWMSs must be prepared arising from the risk assessment.

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The work site must be provided with an appropriate First Aid kit.

The work site must be provided with an effective communications system.

3.2 Climbing a tree

Amend the third paragraph (sentence) under this sub-section to read;

‘Climbers must never work alone.’ In addition to a working climber, another climber must be on site to assist the working climber in the event of a rescue being required, or to assist the working climber. Irrespective of the number of climbers working, there must always be an additional climber on site for rescue, if required, or any other assistance.

Amend the third paragraph under this sub-section to read;

‘Generally there should be one climber in a tree at any one time. This climber must be senior and well experienced. If more than one climber is required, in addition to a senior and well experienced climber, good communication at all times between all climbers is required so each climber is aware of the other climbers’ position(s) while work is in progress.’

Amend the sixth paragraph under this sub-section, to read.

‘All climbers must be sufficiently trained and experienced to identify a tree’s potential weaknesses caused by decay, damage or poor structure or other causes. Climbers who are not trained or are inexperienced in utility work (working near power lines) must not be allowed to engage in work within exclusion zones adjacent to overhead power lines. Information regarding applicable exclusion zones must be sought before establishing a work site.

Under the (amended) heading ‘When undertaking tree climbing work, the worker must:

Amend existing dot point 3;

Wear comfortable, close fitting high visibility clothing that does not restrict movement; a climbing helmet; a safety harness ;eye protection, and; protective-toe or climbing-style lace-up boots with ankle support; with any other PPE that has been identified via a risk assessment. All PPE must be worn and used in accordance with the manufacturer’s instructions.

Add additional dot points after 3, to read;

IF SPUR CLIMBING: (In addition to the above) Boots must be provided with a flat reinforced instep with a well defined heel to locate spur stirrups.

IF USING A CHAINSAW: (In addition to the above) A Climber must wear approved cut resistant trousers, (together with approved hearing and eye protection.

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Additional dot points must be added to this section, namely;

Ensure that all points of attachment are correctly set and visually inspected prior to placing weight on them. Ensure that knots are correctly tied, dressed and set, that karabiners are closed and locked and that where the prussik system is used it is correctly dressed.

When using a chainsaw in a tree, maintain two points of attachment unless it is unsafe to do so.

Never use climbing ropes for any purpose other than climbing.

Use dedicated lowering ropes for lowering. Lowering ropes must never be used for climbing.

Keep climbing rope taut at all times (when it is the primary point of attachment). At no time should slack in the climbing rope fall below the climber’s knees.

3.2 Temporary work platform

Elevating work platforms

Unions NSW insist that the second paragraph under this sub-heading be amended, after ‘Scissor type EWPs’ to read ‘must not be used’. The proposed amendment is consistent with the requirement that the risk, in this instance, be eliminated.

8. COMMON HAZARDS FOR TREE TRIMMING AND ABORICULTURAL WORK

Unions NSW suggest that other hazards should be included that may be encountered by workers involved in tree trimming or removal work, namely;

Poor weather conditions, particularly thunderstorm activity, high winds and heavy rain, and;

Encountering nesting birds, insects and snakes. These are potential hazards all of which may attack a worker in some circumstances, if disturbed. The risk of these hazards will vary as a consequence of tree species and climate. In some instances if the tree contains protected species, no work should be carried out until the appropriate Government Agency is involved or gives advice on whether work can be conducted or not.

Given the previously mentioned limitations of this COP, Unions NSW supports the inclusion of additional sections to assist PCBUs, workers and volunteers employed or engaged by State Fire Fighting/Bushfire organisations in dealing with fire damaged trees that may constitute an OH&S risk resulting from fire damage and which may require either trimming or removal. Given the number of fatalities that have resulted from falling fire damaged trees/branches in recent years, specific guidance for PCBUs, workers and volunteers is required.

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8. PREVENTING AND MANAGING FATIGUE IN THE WORKPLACE

Unions NSW have a number of proposed amendments to this COP. In addition, our submission on this COP also makes reference to sections of the ACTU Health and Safety Guidelines for Shiftwork and Extended Hours (September 2000), which is attached and marked APPENDIX 1 for incorporation into the COP. Our proposals for this COP are as follows:

SCOPE AND APPLICATION

Replace the current Scope and Application (paras.1-3) with the ACTU Scope and Legal Obligations provisions (pp.3-4. Appendix 1) which are superior descriptors for the purposes of this COP.

1. INTRODUCTION

1.1 What is fatigue?

The first dot point under this sub-heading should be amended to read as follows:

working hours, which may include the number of hours worked per shift, or in a normal working week; overtime hours worked, including frequency and duration.

The second dot point should be amended by adding ‘excessive overtime’.

Under the work-related factors under the dot point ‘environmental conditions’, the examples listed should be clarified. Unions NSW believe that climate, light, noise, workstation design, can cause fatigue either as a single factor, or any combination of factors.

In addition, the combination of environmental conditions and the type of work being undertaken can also accelerate fatigue in some circumstances. The type of work does not also have to be physically demanding, it can also be repetitive or boring work. These are important issues that should be identified in this COP.

Following the heading how can you tell someone is fatigued; an additional paragraph should be included, to read:

‘A worker who has fatigue symptoms, or suspected to be suffering from fatigue, should be directed to cease work, as working while fatigued can be a risk to the worker’s, and/or other workers, and persons, OH&S at work. A fatigued worker must be directed to take sick leave until fully recovered. Any such worker so directed must not be penalised or otherwise injured in his/her employment as a result of fatigue at work. A PCBU, depending on the circumstances resulting in fatigue, may request the affected worker to attend their treating Doctor for advice.’

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The inclusion of the tables (pp.5-6 Appendix 1) identifying examples of industries/occupations involved in shift work at risk from fatigue, and; the hazards associated with shift work and extended hours under this heading would be extremely useful.

1.2 Why is fatigue a problem?

Unions NSW propose that the first dot point under this heading be amended to read;

when operating fixed or mobile plant and driving motor vehicles.

And the inclusion of an additional dot point, to read;

when piloting, navigating, or in control of any marine vessel on any waters.

In addition, the current dot point two should be expanded to identify examples of critical tasks which fall into the described category.

2. MANAGING RISKS ASSOCIATED WITH FATIGUE

2.3 Controlling the risks

a) Mental and physical demands of work.

The first dot point should be amended to two dot points, as follows;

Operating mobile plant, machinery, motor vehicles, marine vessels and aircraft. (e.g. rest breaks length of working shifts, shift work, working alone, climatic factors, workplace design and ergonomics.)

Operating fixed plant, machinery and equipment (e.g. workstation, plant, machinery and equipment ergonomics; lifting equipment, anti-fatigue matting, climatic factors, workplace design and ergonomics.)

Additional dot point, as follows;

Worker and skill shortages which may impact on the workload and working hours of existing workers (see dot point 5 under b) Work scheduling and planning.)

b) Work scheduling and planning

Add an additional dot point, as follows;

Introduction of new technology into a workplace. Workers should be fully trained in the use and operation of new technology prior to introduction to a workplace. Working with old and new technology at the same time can lead to increased workloads and excessive working hours as

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workers attempt to cope with the skills associated with the new technology as well as their normal work.

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Unions NSW Submission-Draft Model WHS Codes of Practice 17

Breaks during working time.

The first dot point under this heading must be amended to read as follows;

Ensure that workers have adequate and regular rest and meal breaks away from their workstation so they can rest, eat and rehydrate.

Rostering

Instead of dot point 2, the COP should include a section with specific advice and examples to stakeholders on roster design, including the dos and don’ts. The dot point’s information is completely inadequate for this purpose.

Shift work

Amend dot point 2 to read, as follows;

Quick shift changeovers must not operate under any circumstances. E.g. finishing a shift at 11.00am and commencing a new shift at 7.00am the next day. New shift rosters must only operate after a worker has a requisite number of days off work.

Amend dot point 8 to read, as follows;

Allow sufficient paid work time for communication at shift handovers.

This heading must also reference the section headed Length of Shifts and Working hours on p. 16 of Attachment 1

Night work

Add an additional dot point to read, as follows;

Ensure wherever possible that night work is arranged in order that convenient public transport is available for workers commencing or finishing night work.

On-call and call back work

The information contained under this heading is insufficient. Reliance on setting a ‘policy’ to govern on call and call back arrangements is extremely vague for the purposes of a COP. This section should provide specific advice for stakeholders on what constitutes reasonable recovery time after a call out following completion of a normal shift.

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For example, consider a day worker who completes his shift at 5.00pm (and then travels 1 hour to their home) is called out at 3.00am the following day, arrives at work at 4.30am and works until 10.30 am, then finishes work. This person should be considered to have completed a full day’s work, while on call out and should not be required back at their workplace until the following day.

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Unions NSW Submission-Draft Model WHS Codes of Practice 18

The recovery time should be considered on the basis that the worker’s normal sleep/rest patterns have been interrupted, and to avoid fatigue at work, adequate time should be allocated to restore this pattern.

If repeated call outs are involved, more time should be made available for a worker to recover.

Fly-in, fly-out work (FIFO)

This sub-heading should be amended to provide specific advice to stakeholders on;

The maximum number of hours that can be safely worked over a 3 month period by an average member of the workforce.

The number and length of sequential day and night shifts that can be safely worked over a 3 month period. Note, that the number may be affected by the OH&S impact of climatic factors.

The number and length of work breaks in a 3 month period, adequate for the worker’s continued OH&S and welfare.

Preparation of shift rosters. (A 24 hour break between 12 hour night and day shifts is quite inadequate.) Note dot point 1 under d) Organisational Factors.

Provision of adequate accommodation and recreational facilities, and non-work activities at the workplace to minimise fatigue and maximise workers’ OH&S.

Leave Management

Unions NSW consider that a number of points under this heading do not effectively manage the risk of fatigue in the workplace, and in some cases are contradictory. For example, Ensuring sufficient workers are available to fill a roster is dependent on a number of factors, such as staffing levels generally and the number of workers on recreational, sick or other leave. If staffing numbers are adequate, there will be sufficient number of workers to fill a roster.

In addition, if this is the case, there will be no need to rely on a pool of ‘on call’ workers, which in the majority of cases involves full time workers being called back to perform overtime or additional work after completion of their shift.

We would suggest that this heading requires significant amendment to be consistent with other sub-headings under this section.

In addition, the section titled Extended and 12 hour Shifts, and; Breaks during/and between Shifts from p.24 of Attachment 1 must be included under this sub-section.

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d) Organisational factors.

Add an additional dots point to read;

Utilise the services of an OH&S professional with experience in the design of shift rosters to investigate existing shift rosters and existing OH&S issues arising from shift work/fatigue.


Health assessments of employees, at the employer’s expense, may be useful for the evaluation of the effects of the introduction of shift work or of changes to shift systems. These may take the form of individual medical examinations or assessments of the aggregate work force. Health assessments should only be carried out with the participation and fully informed agreement of the employees, HSRs and their union representatives, with the central purpose of prevention of work-related injuries and disease.

Isolated work can be dangerous because of the lack of others present to assist and/or raise the alarm should anything go wrong. Work should be organised to avoid working in isolation wherever possible and, as the risks can be greater at night, employees should not work alone at night. In cases where employees must work in isolated situations, they should be visited or communicated with on a 20 minute cycle, with such contacts formally recorded. An alarm or communication system should be available at all times. Employees must not use machinery when alone.

Shift workers must have equal rights to consultation and OH&S representation, similar to day workers in all aspects of workplace OH&S.

e) Individual and lifestyle factors.

Dot point 2 under this heading should provide specific examples of health and fitness programs aimed at managing or preventing fatigue. In addition, Unions NSW further suggests that any reference to developing a fitness for work policy, be amended to read ‘develop a fitness for work policy which does not disadvantage workers’.

Inclusion of the effects of fatigue/shift work on particular classes of workers and the cumulative effects of fatigue must also be included. Attachment 1 at pp.14-15 makes particular reference to women workers, young /old workers and cumulative effects. These references must be included in the COP.

This sub-section must also include the section headed Needs of Employees (Workers) from Attachment 1 p.22

Unions NSW believe that this COP must be reviewed to incorporate the contents of Attachment 1, which offers an acceptable and prove model for a COP aimed at the prevention of workplace fatigue and effective management of shiftwork from an OH&S perspective.

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9. PREVENTING AND RESPONDING TO WORKPLACE BULLYING

Unions NSW have a number of proposed amendments to be included in this COP, as follows:

The title of the COP is replaced with;

‘PREVENTION OF WORKPLACE BULLYING’

This title is consistent with the aim of COPs generally.

FOREWARD

The opening sentence under this heading read;

‘The Code of Practice for the Prevention of Workplace Bullying is an approved Code of Practice under s.274 of the Work Health and Safety Act (the SWHS Act).’

Any further reference in the COP to the original title should be amended accordingly.

The COP must include examples of workers who are commonly victims of workplace bullying. These examples are irrespective of gender. For example;

Young workers (and apprentices), older workers. Workers for whom English is a second language. Workers on Return to Work Rehabilitation programs, or ‘light duties’ arising from workers

compensation claims. Workers who dress in accordance with racial/national, or religious customs. Workers employed by quasi-military style organisations. (e.g. Police, Corrections, Fire Service.)

These examples are not exclusive.

The COP should also include organisations whose structure, and/or management style/structure and background encourages or leads to systemic workplace bullying. e.g;

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Police Departments and other organisations which utilise rank structures. Client service organisations. Call Centres Legal Services, in both public and private sectors Local Government Hospitals Libraries Schools, Public and Private. Universities and TAFEs.

These examples are also not exclusive.

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1. INTRODUCTION

1.2 What is workplace bullying?

The definition contained under this sub-heading for workplace bullying is completely inadequate for the purposes of this COP. The definition must be expanded to indicate that bullying is a psychosocial OH&S issue, and is often a flagrant misuse of the authority arrangements in an organisation. It includes the types of ‘unreasonable behaviour’ described below which can be regarded as bullying, plus the likely effects, from minimal to extreme, on a worker who is exposed to this form of behaviour. The absence of these effects is a significant oversight which must be corrected before the COP is finalised (see comment p.23).

Direct and indirect bullying.

A number of examples of direct bullying contained under the dot points require amendment, such as dot point 1, which should read:

Abusive, insulting or offensive language in public or in private which offends or demeans a worker or workers.

Dot point 2

Spreading misinformation, malicious rumours or innuendo about a worker or workers. This may involve the use of written material, electronic communication, social and/or multi-media, or other current or future communication technologies.

Dot point 3

Behaviour or language of any type directed against a worker or workers that deliberately frightens, humiliates, belittles, degrades, alienates, or discriminates in any form.

Dot point 4

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Displaying or communicating offensive material designed to offend, humiliate, belittle, discriminate against or degrade any worker or workers.

Dot point 5

Offensive, inappropriate or false comments or allegations about a worker, or workers, appearance or dress, racial background, religion, lifestyle or their family.

Add additional dots point to read;

False, unfair or unjustified criticism of a worker, or workers, work performance.

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Actions by non-employees against workers at a workplace. (e.g. students, hospital and institution patients, workplaces with client/worker contact or interaction)

Prior to the examples of direct/indirect bullying, an additional paragraph should be added to read, as follows at the beginning of the sub-section.

‘Direct bullying can take a number of forms; for example;

person to person. A group of persons against a person. A group of persons against another group of persons.

Indirect bullying is generally initiated by a third person, usually a senior employee or manager, who may direct a junior person to bully another junior person on their behalf or in a particular manner. Indirect bullying can also involve the third person offering inducements or favours to the person who carries out the bullying. It is quite common for the person initiating the behaviour may be the person the victim of behaviour reports or complains to about the behaviour.’

This latter behaviour may be difficult to identify in the workplace, depending who the main participants are. However, it does frequently occur and must be referenced in the COP.

Impact of workplace bullying

In the first paragraph it should be emphasised that in some circumstances, that witnesses of bullying can suffer health problems as much as, or in some cases more so, than the actual victims.

Unions NSW have direct knowledge from affiliates when witnesses of bullying have suffering from post traumatic stress disorder, clinical depression, and cardiac arrest as a direct result of witnessing behaviour such as abusive, insulting, offensive, humiliating, and degrading language. It is important that the COP makes particular reference to this.

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Amend Dot point 2 to read;

Short and long term distress, mental illness including anxiety, depression and panic attacks, post traumatic stress and sleep disorders.

Add a new dot point to read;

Increase in sick leave and other absenteeism by victims and witnesses.

1.3 What is not considered to be workplace bullying?

To consider for the purposes of this COP that Harassment and Discrimination in some instances is not bullying is unrealistic, particular at workplace level. Unions NSW strongly object to the exclusion of this type of behaviour as a form of bullying, particularly when the COP identifies that bullying, harassment and/or discrimination can occur at the same time and are in fact related.

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These are sufficient grounds for the COP to specifically state that harassment and discrimination in some instances may constitute bullying. Specific examples should be included.

Bullying and violence.

The statement that ‘violence’ usually involves ‘physical assault’ is too simplistic. In regard to bullying, other forms of non-physical violence come into play. Violence in this context can be threatening behaviour or language. It may also involve initiation ceremonies where a victim is manhandled. Therefore, in considering bullying and violence wherever the word violence occurs there needs to be a descriptor e.g. 'physical violence' and constitutes a physical assault on the part of one person against another. Bullying may include several forms of behaviour that what could constitute violent or anti-social behaviour that may or may not involve physical assault.

If a physical or psychological injury is the direct or indirect result of bullying, the injury must be considered the result of violent behaviour. Psychologists with experience in dealing with persons identified as bullies and their victims will often describe offenders as persons with psychopathic or sociopathic behaviour. These behavioural problems should be referred to in the COP.

An additional sub-heading would be useful describing what is not workplace bullying.

1.4 What is involved in preventing workplace bullying?

Consulting workers

Amend the first sentence of the last paragraph on this page to read;

‘Consultation with workers, their HSRs, and union representatives must occur at each step of the risk management process.’

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2. IDENTIFYING AND ASSESSING THE RISK OF WORKPLACE BULLYING

2.2 Assessing the risks.

At the end of the second paragraph add;

‘It is important then to move on to addressing other areas revealed in the risk assessment.’

3. CONTROLLING THE RISK OF WORKPLACE BULLYING.

The second sentence of the first paragraph under this heading must be amended to read;

The following control measures must be undertaken:

The current wording substantially undermines the value of this COP. A PCBU should not ‘consider” whether they will manage the risks, develop a policy and procedures, provide training or encourage reporting.

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The COP needs to specifically make it a legal requirement that the basic risk management components identified under this heading as integral parts of an effective and realistic Bullying policy.

To use words such as ‘should’ or ‘consider’ in this instance completely defeats the purpose of this COP.

3.2 Workplace bullying policy.

To be consistent with previous reference to consultation, the first sentence of this sub-heading must be amended to read;

‘A prevention of bullying policy must be developed by the PCBU in consultation with workers, their HSRs and union representatives.’ (See 1.4 –Consulting workers)

3.3 Complaints procedures.

At the commencement of this sub-section a clear and unambiguous statement is required along the following lines;

‘Nothing in this COP, or any workplace policy and procedures on bullying prohibits or prejudices a witness to bullying, or a victim of bullying, involving any external party, such as their union, Work Cover or another Regulator, in the resolution of a witness’s complaint, or a victim’s complaint relating to bullying.

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This should be acknowledged as a fundamental right, irrespective of an organisation’s ability to resolve a bullying issue. It is important that this COP gives some guidance, which should also be referenced in the workplace bullying policy, to the effect that management have a responsibility to respond to any formal or informal complaint on bullying within 5-7 working days following receipt of the complaint, and the complainant be notified in writing to that effect. The receipt must include a planned time frame to resolve the complaint. Unless complaints on bullying are speedily and effectively resolved, any policy and complaints procedure becomes worthless.

This situation will be then reflected in damage to the organization involved (as described in sub-section 1.2 – Impact of workplace bullying)

Using mediation to resolve conflict.

The COP, in our view, places too much emphasis on mediation as a means of resolving workplace bullying. Unions NSW long experience on this OH&S issue strongly indicates that mediation cannot be relied on as a successful avenue to either prevent or resolve workplace bullying in either the short or long term. In many cases mediation is another method for a perpetrator to further bully his/her victim, or as an escape route from any sanctions.

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This should be emphasized in the COP. Mediation may be used as an informal means of dealing with workplace bullying, but it must involve an experienced independent mediator in all cases and must not be forced on victims as the method of choice in resolving bullying complaints.

3.5 Contact Officers

Delete the reference to Contact Officers. This will marginalise the role of the HSR.

4. RESPONDING TO WORKPLACE BULLYING

4.2 Resolving Bullying ComplaintsDelete the Informal and Informal model of dispute resolution. This model should preferably be replaced with the model contained in the Victorian guide Preventing and Responding to Bullying at Work. Part 4.

4.3 Informal Resolution Dot point 2 must include reference to the HSR and union representative as persons to speak to and seek involvement and/or support from.

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The third paragraph states; ‘Although a worker has the right to make a formal or an informal complaint, the procedure should encourage them to consider the informal process first, as this can often achieve a better result for both parties, but only if the parties involved agree to participate. Any worker or person subject to the complaint may withdraw from an informal process at any time.’

This paragraph is completely unacceptable in the present form. Delete, ‘the procedure should encourage the victim to consider the informal process first, as this can often achieve a better result.’ Replace with ‘A victim has the right to make a formal or informal complaint. Informal complaints can only be heard if the victim agrees to this process

Delete the proposal that ‘the informal approach should not include an investigation or disciplinary action’… from the following paragraph. This is not acceptable. From Unions NSW experience there is no evidence from our experience to suggest that an informal approach will produce ‘better results’.

In addition, the COP must state that, if the alleged victim of the behavior requests an investigation, management has a responsibility to conduct an independent investigation by an external competent person agreed to by all parties. An alleged victim must be given the choice of action they prefer. The investigation must include a recommendation to undertake, or not undertake, disciplinary action or any other action appropriate if an offence is proven.

If the alleged victim’s complaint is proven to be vexatious or false, obviously the employer must also reserve the right to take an appropriate course of action against the person

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The last sentence in that section states; ‘there is no need to include details of the incident in the personnel files of those involved, as this is only necessary once a formal process is initiated.”

It is completely inappropriate for this COP to state that incidents of bullying should not be kept in a personnel file, irrespective of the person’s position within an organization. The COP needs to be clear that placing a complaint on any employee’s personnel file involves the provisions of the Privacy Act

It is extremely difficult to track bullying and risk factors in a workplace if no records are kept in the file of an alleged bully, particularly if previous offences go unrecorded. In addition, Human Resources files should be kept to record the processes used to deal with the complaint and outcomes.

Principles of natural justice

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The workplace policy and procedures should clearly state how the principles of natural justice will be adhered to for all parties directly involved in the complaint i.e. victim, witnesses and alleged perpetrator.

In addition, the appeals process must also be clearly spelt out in this policy. For example, the policy/procedures must state the following; The specific grounds on which appeals will be heard. Who will hear appeals and in what time frame. Who may make representations (written and/or verbal) in the event of an appeal? Any other avenues open to an appellant following a decision. (e.g. Industrial Commission,

Human Rights Commission)

Step 3- The Investigation.

The last dot point under this heading should read;

the possible consequences of the investigation. If the offence is proven this may then involve disciplinary action against the person accused of bullying behavior.

Add a new dot point to read;

Witnesses for any party involved in an investigation need to be made aware of the types of assistance available to them.

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Step 4 – Investigation outcomes

The last dot point states “dismissal” should only occur in the most severe cases or if a repeated case of bullying occurs. This dot point must be amended to read;

‘Dismissal action should be initiated in the event of the victim suffering any work related injury, or injury to their employment, directly or indirectly caused by bullying, or; in the event of a repeat offence. The workplace policy and procedures must clearly state that any proven case of bullying will involve sanctions against the perpetrator.’ Dismissal is subject to the relevant industrial laws in each State or Territory.’

An additional dot point should be added stating;

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‘Bullying is an offence under the WHS Act and may be the subject of as prosecution against the organization or employee of the organization alleged to have been involved in, or participated in, the commission of the offence’.

Amend the use of the word ‘target’ to ‘victim’ where this term appears in the COP.

Overall, this COP is extremely disappointing. It could be best described as ‘wishy-washy’ in regard to the content and approach taken by the COP. It also fails to demonstrate any real experience in dealing effectively with the problem of workplace bullying. It is not an even handed approach to resolving bullying, and fails to demonstrate significant recognition of the impact on workers and the organisation as a whole. The resolution procedures, from Unions NSW perspective, appear to be aimed at sweeping the problem under the carpet as much as possible without involving external parties.

Unions NSW believe that the COP requires an extensive review, following which it must be submitted for a further round of consultation.

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ATTACHMENT 1

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CONTENTS

1. INTRODUCTION 1

2. PURPOSE 2

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3. SCOPE 2

4. LEGAL OBLIGATIONS 3

5. DEFINITION 3

6. WHO WORKS SHIFT WORK AND EXTENDED HOURS? 4

7. WHY ARE SHIFT WORK AND EXTENDED WORKING

HOURS HAZARDOUS? 5

The circadian clock 6

Sleep difficulties 6

Sleep debt 7

Fatigue 7

Night work 8

Disrupted eating patterns 8

Stress 8

Increased use of alcohol and other drugs 8

Exposure to other OHS hazards 9

Medical problems 9

Effects on women 10

Older employees 10

Young workers 10

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Cumulative effects 10

8. OVERCOMING THE HAZARDS OF SHIFT WORK

AND EXTENDED WORKING HOURS 11

STEP ONE: A SAFE PROCEDURE 11

Consultation 11

Expert advice 12

Information provision 12

Monitoring and evaluation 12

Health assessments of employees 13

STEP TWO: IDENTIFYING THE HAZARDS 14

STEP THREE: FACTORS TO CONSIDER IN ASSESSING THE RISKS 14

Workload 14

Needs of employees 15

STEP FOUR: MEASURES TO CONTROL THE RISKS

Hierarchy of controls 15

Length of shifts and working hours 16

Split or broken shifts 16

Overtime 16

Night work 16

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Extended and 12 hour shifts 17

Breaks during shifts 18

Breaks between shifts 18

Rest days 18

Timing of shifts 19

Rotating shifts 19

Roster pattern and length of cycle 19

Standby and on-call duties 19

Exchange of shifts 20

Exposure to other OHS hazards 20

Isolated work 20

Hand-over 20

Travel 21

Safety and security 21

Communication 21

Representation 21

Information and training 21

First aid 21

Heating and cooling 22

Facilities 22

Child care 22

Home modification 22

9. FURTHER READING 23

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APPENDICES

A. CHECKLIST OF EMPLOYER RESPONSIBILITIESB. ADVICE FOR SHIFT WORKERS ON AVOIDING OHS PROBLEMS C. SURVEY OF EMPLOYEES ON SHIFT WORK

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1. INTRODUCTION

Shift work and extended working hours are increasing in many industries and organisations in Australia. It is estimated that about 25% of employees are involved in work outside of regular daytime hours. A 1997 study found that one out of every six enterprise agreements examined contained provision for 12 hour shifts.

While work outside daytime hours is unavoidable in many industries such as essential services, schedules which include shift work and extended hours are unsuitable for some types of work. In addition, shift work and extended hours have often been introduced with little or no consideration of the risks to health and safety.

Employers owe a legal duty of care to employees which includes ensuring that health and safety effects are always considered in planning rosters and working arrangements. The effects of working hours on family and social life must also be considered.

As with other health and safety hazards, the greater the exposure to shift work and extended hours, the more likely the risk of some harm. Risk varies with the number of consecutive shifts worked, the length of shifts and the amount of night work. Long periods of extended shifts and long continuous hours of work can undermine the safety and health of those who work them, and the safety of other employees and members of the public.

Nevertheless, pressure to work shift work – and particularly extended shifts – is increasing. Perceived economic pressures in a highly competitive environment have led to a trend by employers to reduce staffing levels and then to increase shift work and extended hours in an effort to cut costs and increase ‘productivity’. It is estimated that over 75% of new EBAs or AWAs include changes to working hours.

The move to 24 hour, 7 day (continuous) operations across industries is also increasing the pressure for work outside daytime hours. This trend has been accompanied by pressure from employers to eliminate traditional penalty rates for night work, overtime and weekend work – in effect, to treat all hours the same and pay for the work that is done, not when it is done.

ACTU GUIDELINES ON SHIFT WORK AND EXTENDED HOURS

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From a health and safety perspective, all hours are not the same. Night work and extended hours which carry into the night period are particularly difficult and hazardous. Overtime also increases the risk of fatigue, particularly when large amounts of overtime are worked. Fatigue can lead to accidents and near misses. Tired workers may not benefit fully from OHS and work-related training.

Some people work shift work and extended hours by choice, but for many it is a matter of economic necessity. In industries where remuneration is low but paid overtime is available, or where income is based on piecework, employees work long hours in order to earn an ‘adequate’ income. In other industries with ‘annualised salaries’, unspoken expectations or excessive performance monitoring results in employees spending extra unpaid hours at work. In all industries, job insecurity is a significant factor in the extent of excessive hours worked.

Employees’ lives beyond work can be greatly influenced by rosters. The more shift work (particularly night work) and extended working hours that people are exposed to per day, per week and so on, the greater the effect on the quality of off-duty periods.

Rest days may increasingly be experienced as periods of recovery and recuperation from work. Social and domestic activities may still be possible, but fatigue, lack of motivation and a general sense of tiredness will be experienced.

Social and domestic activities are not luxuries. They are essential features of life in our society. The off-duty period must not become a ‘breather’ in an endurance test of wall-to-wall work.

2. PURPOSE

These Guidelines examine the health and safety hazards associated with shift work and extended working hours, and recommend measures for their assessment and control. They are intended for use by employees and by


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union and other employee representatives who have to deal with changes to working arrangements.

They do not aim to provide detailed scientific or medical evidence of the effects of shift work and extended working hours. Some publications which do so are listed in Section 9: Further Reading.

The underlying premise of the Guidelines is that all shift work and extended working hours involve some hazards and, as with other health and safety hazards, should be eliminated or reduced wherever possible.

3. SCOPE

Some working arrangements are particularly affected by the nature or location of the industry. Examples include keeping watch at sea; flight crew schedules; long distance transport; emergency services; communications and broadcasting; and work in remote areas (e.g. mining sites) or in locations which are difficult to access (e.g. gas and oil platforms).

Specific arrangements may be needed – and may be in place – in these industries to minimise the hazards of shift work and extended working hours. However, the basic principles of the need for adequate and regular rest periods, both between and during worked shifts, and the particular hazards of extended and night shifts must be recognised and addressed in all industries.

4. LEGAL OBLIGATIONS

Under occupational health and safety (OHS) legislation, the employer has a duty of care to provide a healthy and safe workplace and safe systems of work. This includes work organisation and working hours. Employers must identify the hazards and levels of risk associated with shift work, night work and extended working hours, and take action to control them. Employers


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have an obligation not only to employees but also to contractors and their employees.

Under the general duty of care in Australian OHS legislation, employers are required to:

consult employees and elected representatives on health and safety at work

provide adequate and appropriate information, training, instruction and supervision

monitor working conditions to ensure hazards and risks to health and safety are eliminated or controlled

provide adequate welfare facilities for all employees monitor the health of employees where required maintain information and records about working conditions, the

health of employees, and OHS incidents or accidents at work.

Employers are required to undertake a risk assessment with regard to all OHS hazards associated with their operations. This includes hours of work, especially shift work and extended working hours.

5. DEFINITION

It is difficult to arrive at an agreed definition of shift work and extended working hours. Shift work is usually described as work outside normal day hours.

Work within day hours means:

a work day usually completed within a spread of hours starting at or after 7 am and finishing before 7 pm between Monday and Friday

And

working time consisting of no more than 8 hours per day and 40 hours or less per week (excluding overtime)


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And

hours worked as a continuous on-duty period except for the normal meal and rest breaks.

For the purposes of these Guidelines, every system of work other than day work is regarded as shift work. This includes weekend, afternoon, night and rotating shifts, split or broken shifts, extended shifts, rostered overtime and (unrostered) extended working hours.

6. WHO WORKS SHIFT WORK AND EXTENDED HOURS?

Major Industries Involving Shift Work

and Extended Working Hours

Essential services such as electricity, water, power, sewerage, posts and telecommunications, police, customs, quarantine.

Production industries with continuous processes (mining, oil refining, smelting, furnace, plastic).

Manufacturing industries which are capital intensive or where demand exceeds capacity.

Health services such as hospitals, ambulance, pharmacies, medical clinics and laboratories.

Social and community care services. Transport – bus, tram, train, shipping, coach and

airlines. Food production and processing – farming, fishing,

and manufacturing such as baking and cheese making.


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Hospitality – restaurants, hotels, clubs, casinos. The tourism industry, including airlines, resorts and

hotels. Service industries, such as security and cleaning. Data processing centres, e.g. finance, banks and

insurance. The media (newspapers, broadcasting, television). Entertainment – artists, performers, producers,

technicians and theatre staff. Retail shops, supermarkets etc. Education, particularly tertiary and further

education. Call centres, especially those with clients in a

range of time zones.


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7. WHY ARE SHIFT WORK AND EXTENDED WORKING HOURS HAZARDOUS?

Most people will be affected by working shift work and/or extended hours. Irregular rosters, long hours and shift work, particularly night shifts, create and/or worsen a range of OHS hazards. While shift work and extended working hours are not identical in the ways they affect the health and safety of employees, their increasing interrelationship in working arrangements requires that they be considered together.

Shift work and extended hours can also affect the social and domestic lives of employees and their families. Night shifts, afternoon shifts and weekend work cause the main problems, because they may be out of phase with the rest of the community, particularly family and friends.

The interaction between health and safety effects and the impacts on family and social life can have significant outcomes for the general health of those working shift work and extended hours.

Health and safety effects Family and social effects

changes in natural body rhythms

ongoing sleep problems increased physical and mental

fatigue concentration difficulties increased risk of accidents increased exposure to

hazardous substances, noise and manual handling risks

increased risk of heart disease menstrual problems and

difficulties during pregnancy disturbed eating patterns and

poor diet gastrointestinal disorders and

gastric and duodenal ulcers

isolation from family activities lack of contact with partners reduced interest in sex reduced contact with school-

age children higher rates of marriage

breakup reduced friendship networks loss of access to education,

sports etc. exclusion from community,

social and cultural events irritability and anger in

personal relationships


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more colds and other respiratory illnesses

stress mood changes irritability and/or anger anxiety and depression use of alcohol and other drugs

to overcome effects of shift work

The circadian clock

Like other living organisms, humans have natural body rhythms which are regulated by a ‘circadian clock’ in the brain. These are called circadian rhythms.

Over a 24 hour period, the circadian clock regulates sleep/wake patterns, body temperature, hormone levels, digestion and many other functions. Depending on the time of day or night, the human body is programmed for periods of wakefulness and sleep, high and low body temperature, high and low digestive activity and so on.

Adults tend naturally to sleep by midnight, wake near dawn and stay awake through the day (with an afternoon sleepy period). This pattern is repeated every 24 hours.

Body temperature is at its lowest between 2 am and 6 am. The ability to concentrate and perform tasks is also at its lowest in these early hours of the morning, paralleling the fall in core body temperature.

Work/rest schedules caused by shift work disrupt the circadian clock, causing symptoms similar to jet lag. Generally, no complete physiological (body function) adaptation takes place for the majority of night shift workers. A majority of night shift workers suffer ongoing sleep problems.

It is generally easier for the body to adapt to rotating three shift systems (day, afternoon and night) if the rotation is in the order of day then afternoon then night. This is a forward rotation (as in forward on the clock face).


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People usually find it easier to get up later as allowed in a forward rotation, rather than earlier and earlier as is required in a backward rotation.

Sleep difficulties

Sleep is not a matter of simply ‘switching off’ the brain. It is a complex process that involves stages of deep and light sleep that occur over a full sleep cycle, which takes about 8 hours for most adults. The later stages of this cycle are crucial for physical recovery and psychological adjustment. An interrupted or shortened sleep can mean little effective rest.

Without enough sleep, the human brain may spontaneously shift into sleep in order to meet its need. This might only last a few seconds or might stretch to several minutes. These involuntary sleep episodes can occur while standing, operating machinery or driving.

Sleep during daylight hours following night shifts is difficult. Most shift night workers sleep an hour or two less in daylight than they normally would, and report that the quality of their sleep is worse. This is largely due to mismatched circadian rhythms and to external cues (light, food, noise, temperature) around the worker while trying to rest.

Together with social factors, this explains why many shift workers suffer from chronic sleep problems. Continued poor quality sleep is a strong predictor of psychological and physical ill health.

Physical and psychological effects associated with sleep difficulties include fatigue, dizziness, inability to concentrate, perceptual changes, mood changes, gastric problems and disturbance of eating habits.

Some studies have suggested higher death rates amongst former shift workers and/or those who sleep less than 7 hours per day.

Sleep debt


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Disruptions to normal sleep routines are often associated with night work, where the major difficulty is getting adequate undisturbed sleep during the day. Extended hours which carry into the night period may create a similar problem. The cumulative result of these disruptions is lack of sufficient sleep, which may lead to what is called sleep debt.

Unpredictable work schedules can also compromise the quality of rest time, particularly if there is a continual possibility of recall to duty.

One recent study suggests that extended periods (more than 16 hours) without sleep have similar effects on reaction times to having a blood alcohol content higher than 0.05%.

Fatigue

Fatigue is tiredness that results from physical and/or mental exertion. The level of fatigue experienced will depend on the workload imposed by a job, the length of shift, previous hours and days worked, and the time of day or night.

Jobs which require standing for lengthy periods, frequent manual handling or repetitive movements, or heavy work which is physically demanding can lead to increased fatigue on long shifts or shifts with overtime. Monotonous work or work where a high level of attention and alertness is required can also increase fatigue.

Rosters must be designed to minimise sleep debt and fatigue. Rest days should be distributed throughout the roster cycle to allow recovery and recuperation before fatigue becomes acute. An accumulation of rest days as a result of extended periods of shift work should be avoided. The ‘banking’ of rest days cannot compensate for daily fatigue. This is particularly important when considering compressed working weeks.

Lack of sleep and fatigue in combination can adversely affect job performance, risking individual health and safety and the safety of others.


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Night work

Each hour of night work imposes a greater workload than the same hour during a day shift (3 am versus 3 pm), because of the effects of circadian rhythms. Work which is physically or mentally demanding, monotonous or requires high vigilance can lead to fatigue which will be worsened by night work.

Night work combined with extended hours is extremely hazardous in terms of sleep debt and fatigue, and may result in an increased risk of accidents at work.

Disrupted eating patterns

The timing of meals is important from both physiological and social perspectives. Shift work, particularly night work, can continually disrupt eating patterns.

Digestive function is governed by circadian rhythms and is reduced at night. Eating large meals, or intake of coffee and other drinks containing caffeine to stay awake at night, can result in a range of symptoms such as indigestion, abdominal pains and bowel disturbances.

Studies show that shift workers are more likely to display these symptoms than day workers. In the medium to long term, more serious diseases of the gastrointestinal tract may develop.

Stress

Almost 14% of respondents to the 1997 ACTU national survey on stress at work named long hours and rostering among the three most stressful


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conditions in their workplace. This was highest in the construction, mining and transport areas. Almost 12% reported difficulties organising childcare.

Stress associated with shift work and extended hours may be caused by any, or a combination, of:

poor roster design (including the predictability of hours) the physical and mental demands of the work the ability to balance childcare, family and other responsibilities the physiological and psychological effects of disrupted circadian

rhythms.

Increased use of alcohol and other drugs

Use of drugs such as caffeine or amphetamines by workers trying to overcome the effects of fatigue, and/or alcohol or sleeping pills to try to get to sleep, is a hazard of shift work. Any benefits are short-term, while the long-term effects on health and safety can be dangerous. In particular, lack of sleep and fatigue can increase the effects of alcohol.

Substances such as amphetamines (‘uppers’ or ‘speed’) are highly dangerous. As well as the risk of addiction, these drugs can cause high blood pressure, heart irregularities and mental confusion.

Exposure to other OHS hazards

Extended shifts, whether rostered or unrostered, may increase exposure to other OHS hazards such as chemicals, noise, uncomfortable temperatures and manual handling.

Exposure standards for hazardous substances are based on an 8 hour day, 40 hour week. Any increase or extension of daily/weekly hours requires a lowering of the average hourly level of exposure to the hazard. This is


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particularly important for sensitisers, carcinogens and chemicals producing chronic toxicity.

Chemicals take varying times to be eliminated from the body, and breaks between shifts must be long enough to allow this to occur before there is any further exposure. Rosters need to be designed to allow adequate recovery time, and expert advice on exposure levels should be sought.

Standards for exposure to noise are also based on length of exposure, so similar and expert advice will be required to avoid excessive exposure and to allow adequate recovery time.

Manual handling hazards may be increased by shift work, especially extended shifts, due to the cumulative effects of muscle fatigue, and the need for adequate recovery from muscle fatigue and from any sprains and strains.

Working in uncomfortable temperatures for lengthy periods is another OHS hazard which may frequently be encountered on afternoon or night shifts and which will be increased by extended shifts.

Medical problems

Many studies have indicated links between shift work and major medical problems. These include:

a higher incidence of gastrointestinal disorders and gastric and duodenal ulcers

a connection between long periods of shift work and heart disease more colds and other respiratory illnesses among shift workers than

their day work counterparts a range of complaints associated with stress, caused by disruption of

family and social life.


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Those already suffering from digestive disorders, diabetes, heart diseases, psychological problems, alcohol and drug addiction and chronic sleep disturbances face additional burdens.

Shift work rosters can also adversely affect health because they can make it harder for employees to follow specific requirements for medication or other health routines.

Effects on women

The effects of shift work (particularly night work) on pregnancy and menstruation are being increasingly documented.

A study of the effects of night work on nearly 800 women found that the incidence of irregular menstrual cycle was significantly higher in women working nights than in women working during the day. The results indicate that night work may suppress ovarian function by affecting hormone levels which are governed by the circadian rhythms.

While evidence of adverse effects of shift work on pregnancy is mixed, extended working hours can worsen the effects of other hazards during pregnancy. These include standing for long periods; working in heat and cold; lifting or other physically demanding tasks; and exposure to chemical, biological and radiation hazards – all of which may affect the health and safety of the pregnant women, the development of the foetus, and may also have health implications for breast feeding.

Older employees

Coping with shift work and extended working hours may become more difficult for older employees, due to interaction between:

changes in circadian rhythms reduced ability to cope with stressors


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increased sleep fragility – sleeping less, waking earlier cumulative effects of years of shift work.

Young workers

Young workers, particularly those under 18 years, need longer and more frequent rest breaks and should not work night or extended shifts.

Cumulative effects

The hazards associated with shift work and extended working hours increase with the level of exposure. Even with well-designed rosters, long periods of shift work and extended hours will increase the health and safety risk. When shift work and extended hours are worked in excess of the length and timing recommended in these Guidelines, the risk will be substantially increased. The more the recommendations are exceeded, and the longer the period over which this occurs, the greater the risk.

8. OVERCOMING THE HAZARDS OF SHIFT WORK AND EXTENDED WORKING HOURS

STEP ONE: A SAFE PROCEDURE

Consultation

Changing shift rosters can fundamentally affect working, social and domestic lives of employees. A process of ongoing consultation between employees and management is essential to minimise or control any harmful effects.

All new shift work rosters should be developed, monitored, evaluated and agreed by a joint working party. This must include representatives from all


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employees who will be affected, OHS and trade union representatives. Senior or middle management should also participate, so final decisions can be made within the working party.

Consultation should begin by identifying:

why changes to the present system are wanted the benefits and problems of current shifts.

This can be done through a survey (see the sample survey at the end of these Guidelines), and through interviews and group meetings which might use the issues identified in the survey as a basis for discussion.

Employees may have had little or no experience with alternative shift systems. It is important to outline ways of organising working hours, pointing out their benefits and disadvantages, before employees are asked to make decisions.

Different parts of an organisation may require different rosters. These should be tailored for particular operational needs and the needs of employees, rather than forcing standardisation.

For information on sample roster patterns, see Meredith Wallace, Guidelines for Managing Shift Work.

Information about the health and safety effects of shift work should be provided and carefully explained.

As much time as possible should be allowed for employees and their families to understand how new rosters will work and to discuss how proposed changes will affect them.


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Issues of concern and stress for employees may include wages, changes in overtime levels, night work, days off, sick days, annual and other recreation leave. It is important that these issues be addressed and monitored from the beginning of the process and that changes in rosters do not become an opportunity to diminish conditions of employment.

Expert advice

The OHS effects of shift work may not be immediately evident. Employees need the support and advice of their union in this matter, and an OHS professional with shift work expertise and experience may need to be involved in the process. Without such advice and information, inappropriate decisions could be made.

When a consultant is to be employed, it should only happen with the agreement of all parties. Employees should contact their union or Trades and Labour Council for advice about the choice of consultant.

Information provision

All employees who undertake shift work should be provided with professional advice and training in:

the health, safety and social effects of shift work personal coping strategies standard operating procedures that apply to specific shifts support services that are available to employees performing shift

work guidelines for the design of shift work rosters security arrangements and procedures for shifts where there are

reduced employee numbers.

Provision of training and advice should include managers and supervisors, who should be fully educated about shift work-related OHS problems.

Monitoring and evaluation


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The introduction of shift work or any change in shift work arrangements should be on a trial basis for 12 months, preferably with a preliminary review after 6 months. All work on the development of new rosters should be on the basis that trials contain a ‘sunset clause’ which may be activated by a vote of employees should they wish to return to previous rosters at the expiry of the trial period.

Before the trial, a survey of the attitudes of employees to current working arrangements and proposed changes should be conducted (see the survey at the back of these Guidelines).

As with all OHS hazards, ongoing surveillance of the working environment should occur throughout the trial.


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After the trial, a detailed evaluation should be carried out. This could include repeating the original survey of staff for their feelings about the new shift system and problems and benefits, including effects on health, wellbeing and their social and family life.

It should also analyse the results of the surveillance of the working environment, with a view to identifying and implementing measures to improve that environment and the health and safety of workers.

This analysis should consider organisational criteria such as accident/injury rates, near misses, levels of overtime, absenteeism, staff turnover, reasons for resignation of workers leaving after introduction of the new system, error rates, productivity measures, journey accidents and other changes in work organisation.

Health assessments of employees

Health assessments of employees may be useful for the evaluation of the effects of the introduction of shift work or of changes to shift systems. These may take the form of individual medical examinations or assessments of the aggregate work force.

Health assessments should only be carried out with the participation and fully informed agreement of the employees and/or their representatives, with the central purpose of prevention of work-related injuries and disease.

Health assessments of employees should take into account:

the nature of hazards and risks in the workplace the requirements of the work relevant laws and regulations the fact that health assessments of employees are not a substitute

for assessment and control of the work environment.


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Any medical examinations which may form part of health assessments should be at the employers’ expense. The choice of physician should rest with the employee. Physicians carrying out medical examinations on shift workers should be provided with a duty statement for that employee and a list of hazards to which they are exposed.

The results of individual medical examinations should be confidential to the employee and should be accompanied by a clear explanation of what they mean in practice. A certificate of fitness for shift work (or otherwise) may be provided to the employer by the medical practitioner.

Where health assessments have been conducted, aggregate data should be provided to all workplace parties affected by shift rosters. This data must always preserve the confidentiality of individual employees.

Where health reasons make it impossible for an employee to continue shift work, the employer shall take all necessary steps to find suitable alternative duties for the employee. Retraining should be provided where necessary and loss of earnings should be minimised.

STEP TWO: IDENTIFYING THE HAZARDS

Work related injury and disease arise from the hazards at work. These can include the design of work processes, the use of materials, substances, machinery and equipment – and the hazards which may be emitted from them (noise, fumes, radiation etc.) – and the organisation of work.

Working hours should be treated in the same way as other OHS hazards. The recognised process for addressing these is called a hazard or risk assessment. This involves:

identifying the hazards assessing the risks posed by the hazards eliminating or controlling the hazards.


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Techniques that can be used to identify hazards include:

investigating employee complaints examining accident and sickness records conducting employee surveys environmental and medical monitoring assessing expert reports reviewing scientific and medical literature incident, injury and illness investigation.

STEP THREE: FACTORS TO CONSIDER IN ASSESSING THE RISKS

Factors to consider in assessing the risks posed by the hazards include:

type of work and workload of employees personal needs and work experience of employees special circumstances on the site.

Workload

All jobs, and all tasks within jobs, impose a workload. The following need to be considered in risk assessment:

the physical effort required, e.g. lifting, carrying, driving, operating a machine, using a keyboard

the demands of the work environment, e.g. noise, heat, dust, chemicals

the mental demands caused by monotonous, repetitive activities or the need for high vigilance and concentration

the pressure on the employee, e.g. bonus and incentive schemes, piece-rate systems, performance monitoring, number of different tasks

the hours of work including night shift versus day shift, length of shifts, timing of shifts and breaks between shifts

the body’s physiological and psychological responses to workload, e.g. heart rate, hormone production, blood pressure, stress, anxiety and fatigue.


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Physically or mentally demanding work will increase the risks associated with shift work and extended hours. In such circumstances, risk assessment may indicate that shift work or extended hours should not be worked.

Needs of employees

Arrangements for shift work and extended hours also must consider the needs, commitments and responsibilities of all employees, which may include:

parents who rely on child care services caregivers who rely on relief to be able to work pregnant women older employees those with existing physical/medical problems people who rely on public transport to get to and from work part-time students who may have difficulty arranging working time

and classes.

Risk assessment must consider the stress imposed by shift work and extended hours on employees who are trying to balance work and other commitments, and its likely impact on their health and safety.

STEP FOUR: MEASURES TO CONTROL THE RISKS

Hierarchy of controls

Shift work and extended working hours should be controlled in the same way as other hazards at work. In addition to ensuring a safe procedure (outlined above as step one), the most effective method is based on the hierarchy of controls.


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Where possible, the hazard should be eliminated – other ways of organising work should be found that eliminate or reduce the need for shift work and extended working hours.

Where shift work and extended working hours are necessary, the risks can be reduced by adopting the following control measures.


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Length of shifts and working hours

It is recommended that the maximum hours to be worked in a day or a week (7 days) should not exceed the following, other than in emergency circumstances:

maximum of 6 consecutive 8-hour shifts maximum of 2 consecutive night shifts maximum of 2 consecutive 12-hour shifts maximum 12 hours overtime per week maximum 12 hours work per day (including overtime) except in

emergency circumstances maximum 48 hours rostered work per week.

In emergency circumstances a maximum 60 hours work in one week may be necessary. It should not be worked on a regular basis or in consecutive weeks.

Split or broken shifts

Split or broken shifts should be avoided wherever possible. As they are usually arranged to cover periods of peak activity, they put employees at risk of work overload. They can result in inadequate rest and make participation in family and social life difficult.

Overtime

Overtime should not extend the length of shifts beyond the maximum lengths recommended above. A supervisor should be responsible for monitoring the overall work pattern when overtime shifts are introduced. Records should be kept of the hours individual employees have worked.

Where overtime is worked, it should be limited to a maximum of 12 hours per week.


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Overtime after 12 hour shifts is a high-risk practice and should never be worked other than in emergencies.

Employers need to establish systems which provide for relief staff to cover emergencies or possible absences on incoming crews. Accidents, plant failures and process breakdowns are no reason to risk the health and safety of employees. If overtime must be worked whilst waiting for relief in an emergency, it should be limited to a maximum of two hours.

Night work

Night work should be avoided wherever possible. Each hour of night work should be regarded as imposing a greater workload than the same hour (3 am versus 3 pm) during a day shift, so workload demands at both enterprise and individual levels should be lower at night.

The number of consecutive night shifts should be minimised to no more than two in a row. The maximum length for night shifts should not exceed 8 hours.

The volume of work should be organised to ensure that the number of employees needed to work at night is kept to a minimum. Staffing levels must be kept high enough to ensure employees are not overloaded with work, are not at risk from increased exposure to other hazards and are not working in isolation.

Work which is physically or mentally demanding, monotonous or requires high vigilance can lead to fatigue which will be worsened by night work. Bonus or incentive schemes or other pressures to achieve productivity are not suitable for night work.

Night work should be organised to allow and encourage employees to take rest breaks and pauses, away from work stations. All breaks and pauses should be increased in number and duration compared to day shifts.


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Short naps may be helpful during night shifts, particularly on extended shifts. Where practicable, facilities for sleep breaks should be provided.

Extended and 12 hour shifts

Shift work involving 12 hour rosters may introduce new hazards into the workplace as well as exacerbating existing problems faced by shift workers.

12 hour shift work, with correctly designed rosters, may seem to provide benefits to workers by increasing leisure time and relieving the pressure of 7 day shift systems. In order to minimise the hazards of 12 hour shifts, it is essential that the increased leisure time be used for recuperation and recreation and not as an opportunity for additional employment.

Whilst day work does not involve the same disturbances to circadian rhythms as night work, 12 hour day work may increase the risk of health effects which are generally associated with shift work. Exposure to work hazards such as noise, heat and chemicals may be increased by 50% and must be carefully monitored.

Extended or twelve hour shifts should not be worked where there is unavoidable continuous exposure to noise, hazardous substances and/or temperature extremes in excess of legislated or recommended exposure standards.

Bonus or incentive schemes or other pressures to achieve higher productivity (e.g. piecework) should not be incorporated into extended or 12 hour shifts.


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Breaks during shifts

Adequate and regular rest breaks and pauses are essential OHS requirements. Meal breaks or rest breaks should not be traded off for an early finish time.

The number and duration of breaks during a shift should be adapted to the type of work, workload and length of shift. Longer and more regular rest breaks and pauses are needed the longer the shift.

It is recommended that breaks during shifts should at least include:

on 8 hour shifts, one meal break of at least 30 minutes, plus two shorter breaks totalling at least 30 minutes

on 10 hour shifts, two meal breaks of at least 30 minutes each, plus two other short breaks totalling 20 minutes

on 12 hour shifts, one meal break of 45 minutes and another of at least 30 minutes, plus two or more shorter breaks totalling a minimum of 30 minutes.

The number and length of breaks during a shift is based on the physiological need for food and fluids at regular intervals. Most people would eat at least two meals during a 10 to 12 hour period of wakefulness.

The maximum amount of time an employee should work without a break is 2.5 hours.

All breaks should be taken away from the work station. Breaks at the work station are of poorer quality and do not provide adequate rest.

Breaks between shifts


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Breaks between shifts should not be less than 12 hours. On rosters with extended shifts, this minimum break (12 hours) should be alternated with a break of at least 24 hours.

In emergencies where a worker needs to remain on duty after a shift, the minimum break between shifts should never be less than 10 hours and should be compensated as soon as possible with a longer break.

Rest days

Days off between blocks of shifts should be evenly distributed. Compressing working weeks to produce longer breaks may sound appealing, but is an OHS hazard. Accumulation or ‘banking’ of rest days cannot compensate for daily fatigue.

Good roster design should result in at least one full and two half weekends off in every four. Shift systems which allow at least two whole weekends off per month are preferable.

Work should be organised to ensure that the number of employees rostered to work on weekends is kept to the minimum possible. However, those working must not be overloaded with work.

Timing of shifts

For the best OHS outcomes, it is recommended that shifts do not start between midnight and 6 am. This is to ensure an opportunity for adequate night rest.

Rotating shifts


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If a rotating three shift system is in operation (day, afternoon and night), the rotation should be in the order of day then afternoon then night. This is a forward rotation (as in forward on the clock face).

If shift start times vary throughout a sequence of shifts, they should commence with an early start and move progressively later. Changes from a late start to an early start reduce the number of rest hours between shifts.

Roster pattern and length of cycle

Rosters should be regular and predictable, to avoid disruptions to rest and sleep periods and for better organisation of private, family and social life.

It is generally preferable that the roster cycle be as short as possible, while remaining consistent with the recommendations above under ‘length of shift’. Roster details should be available to employees well in advance and maximum notice should be given regarding changes in the roster.

Standby and on-call duties

Being on standby or on-call means that the employee has not entirely stopped work. Anxieties and stresses related to the job are still experienced. Such periods should be included in workload calculations.

If people on-call are called in to work, this can lead to accumulated fatigue, lack of sleep and severely disturbed sleep.

For OHS reasons, an adequate rest period should be provided after any on-call period and employees should not be rostered on-call during minimum breaks between worked shifts.


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Standby and on-call periods should make allowance for any employees with special needs.


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Exchange of shifts

Exchange of shifts for special reasons should be allowed, provided the change does not result in excessive daily or weekly hours for any employee. A supervisor should be responsible for monitoring the effect on individual roster patterns.

Exchange of shifts should not occur if it results in two or more continuous shifts being worked (i.e. no break between) or if recommended maximum hours are exceeded.

Exposure to other OHS hazards

Special rosters are required for workers exposed to hazards, where OHS standards are determined on the basis of exposure over 8 hours.

Rosters should be designed to allow adequate recovery time. Chemicals take varying times to be eliminated from the body, and breaks between shifts must be long enough to allow this to occur before there is further exposure. Expert advice on exposure levels should be sought.

Standards for exposure to noise are also based on length of exposure, so similar and expert advice will be required to avoid excessive exposure and to allow adequate recovery time.

Manual handling hazards may also be increased by extended shifts, due to the cumulative effects of muscle fatigue, sprains and strains.

Isolated work


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Isolated work can be dangerous because of the lack of others present to assist and/or raise the alarm should anything go wrong. Work should be organised to avoid working in isolation wherever possible and, as the risks can be greater at night, employees should not work alone at night.

In cases where employees must work in isolated situations, they should be visited or communicated with on a 20 minute cycle, with such contacts formally recorded. An alarm or communication system should be available at all times. Employees must not use machinery when alone.

Hand-over

Appropriate mechanisms should be in place to enable efficient and safe hand-over between shifts and to ensure that new shifts are adequately informed about all issues that have arisen in the workplace.


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Travel

Where possible, shifts should be arranged to start and finish at times when public transport is available.

Driving home from work can impose increased OHS risks, particularly on night shifts and extended shifts. This risk increases with the number of consecutive shifts worked.

Where night and extended shifts are worked, employers should provide transport to eliminate the risk of fatigue-related journey accidents.

Safety and security

Movement throughout the workplace and surroundings should be safe and secure and all areas should be well lit. For afternoon shifts and particularly night shifts, secure, well-lit car parks should be provided. If necessary, they should be patrolled by security personnel.

Security arrangements should be made for employees who use public transport.

Communication

Shift workers should be kept informed about important matters concerning the workplace. Paid-time meetings should be organised during their shift. If workers are required to attend any meeting outside their shift, likely effects on sleep etc. must be considered and rosters should be adjusted accordingly.

Representation


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Shift workers should be adequately represented on any committees with a consultative or decision-making function regarding their work. All shifts should have OHS representatives and direct representation on OHS committees. It is usually difficult for employees to attend meetings outside their shift. Anyone who must attend such meetings should be considered to be at work and rosters should be adjusted accordingly.

Information and training

Special arrangements should be made to allow shift workers access to training, occupational education and information. Training should be organised so it is available to employees on all shifts. If shift workers must attend training outside their shift, they should be considered to be at work and rosters should be adjusted accordingly.

First aid

First aid facilities must be available to shift and night workers, including arrangements for transportation for appropriate treatment. A trained first aid person should be available on all shifts. Trials of emergency procedures should be conducted for all shifts.

Heating and cooling

Adequate heating or cooling should be provided to ensure an acceptable level of thermal comfort for all shifts. See ACTU Guidelines for Working in Seasonal Heat for recommended temperature ranges.

Facilities

Rest areas and meal facilities adapted to shift schedules should be provided for all shifts. Canteens offering nutritious meals should be available, plus facilities for those who want to prepare or reheat their own food.


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Child care

Child care which is adapted to the needs of the employees at each particular workplace should be provided by the employer at, or close to, the place of work.

Home modification

Employers should provide assistance with home modifications to minimise noise, light and heat so shift workers can get adequate day sleep.

Modifications may include:

air conditioning heavy curtains and/or blinds answering machine noise insulation, including carpet, acoustic tiles, double glazing or

heavy curtains.


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9. FURTHER READING

Berger, Yossi, ‘Shift Work: Maladaptation and Deprivation – A Window into Some Workplaces’, paper presented to the seminar on Shift Work and Irregular Hours of Work: Current Developments, Sydney, 1994.

Berger, Yossi, ‘Shift Work’, Say Safety: The AWU National OHS Magazine, December 1997.

Bulletin on Occupational Health and Safety, no. 15 (Shift Work / Longer Hours), July 1996, New Zealand Engineers Union.

Costa, Giovanni, ‘The Impact of Shift and Night Work on Health’, Applied Ergonomics, vol. 27, no. 1, 1996.

Dawson, Drew et al, Evaluation of a Field-Based Approach to Assessing the Risk Associated with Shift Work: Final Draft Report to Worksafe, Centre for Sleep Research, Adelaide, 1998.

Heiler, Kathryn, Is Enterprise Bargaining Good for Your Health?, paper presented to the Worksafe forum on Shift Working, Sydney, 1995.

Heiler, Kathryn, The 12 Hour Workday: Emerging Issues, ACIRRT, University of Sydney, 1997.

Journal of Occupational Health and Safety Australia and New Zealand, vol. 13, no. 5 (special issue on managing shift work).

National Code of Practice: Hours of Work, Shift Work and Rostering for Hospital Doctors, Australian Medical Association, Canberra, 1999 (http://www.ama.com.au).

Night Work Convention (no. 171), International Labour Organisation, Geneva, 1990.

Night Work Recommendations (no. 178), International Labour Organisation, Geneva, 1990.

Plain Language About Shift Work, National Institute for Occupational Safety and Health, Washington, 1997.

Scott, A. J. (ed.), Shift Work, Hanley & Belfus, Philadelphia, 1990.

Wallace, Meredith, OHS Implications of Shift Work and Irregular Hours of Work: Part 1 – The Effects of Shift work on Health, Part 2 – Guidelines for Managing Shift Work, National Occupational Health and Safety Commission, 1998 (http://www.nohsc.gov.au).


http://www.nohsc.gov.au/

http://www.ama.com.au/

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Waterhouse, J. M., Folkard, S. and Minors, D. S., Shift Work, Health and Safety: An Overview of the Scientific Literature 1978-1990, Health & Safety Executive, London, 1992.

Wedderburn, A., Guidelines for Shift Workers, European Foundation for the Improvement of Living and Working Conditions, UK, 1991.

The OHS authorities in the Australian states and territories have published guidance material on shift work. Most of these are based on the following publications from the Division of Workplace Health and Safety in Queensland. Contact your local authority for further advice on such material:

Hints for Shift Workers, Division of Workplace Health and Safety, Brisbane, 1997.

Managing Shift Work, Division of Workplace Health and Safety, Brisbane, 1997.

The following publications provide useful introductions to union perspectives on OHS which are applicable to the hazards of shift work and extended working hours:

Identifying the Hazards of Work, ACTU OHS Unit, Melbourne, 1992.

The Union Health and Safety Representative, ACTU OHS Unit, Melbourne, 1993.


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APPENDIX A

CHECKLIST OF EMPLOYER RESPONSIBILITIES

Employers should implement the following measures to control the risks associated with shift work and extended hours:

Consultation with employees, their families and unions in the design of rosters, including all arrangements for monitoring and changing rosters.

Formulation of rosters which do not result in excessive night work, excessive working hours, and inadequate rest breaks and/or breaks between shifts.

Expert advice on the effects of the work environment and working hours on fatigue and alertness.

Provision to employees of professional advice and training on the health, safety and social effects of shift work, personal coping strategies and standard operating procedures that apply to specific shifts.

Consideration of occupational exposure to noise, chemicals, temperatures and manual handling hazards on extended shifts.

Adequate supervision, including regular contact with shift workers in isolated situations.

Provision of a safe and secure working environment.

Provision of rest areas and suitable meal facilities adapted to shift schedules.

Provision of child care adapted to the needs of the employees at or near the place of work.


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Arrangements to ensure shift workers do not face transport difficulties, particularly night shift workers.

Assistance with modification of employees’ homes to minimise noise, light, heat and other distractions, so adequate sleep is possible.

Establish systems to enable efficient and safe hand-over between shifts and to ensure new shifts are adequately informed about all relevant workplace issues.

Allow access by union representatives to the workplace during all shifts.


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APPENDIX B

ADVICE FOR SHIFT WORKERS ON AVOIDING OHS PROBLEMS

Even the best shift work rosters cause OHS hazards, particularly on night shift.

The main problems caused by shift work are:

disrupted sleep patterns and lack of sleep fatigue and alertness difficulties increased use of alcohol and drugs to cope with these problems nutritional inadequacies due to poor eating patterns no time or motivation for regular exercise limited contact with family, friends or sexual partners.

SLEEP DIFFICULTIES

The main causes of disrupted sleep patterns and lack of sleep are:

poorly designed rosters having to adjust to conflicting family and social expectations trying to sleep at hours when your body is ‘programmed’ to be awake external noise, excessive light and high temperatures.

Tips for good sleep

One block of 7 to 8 hours uninterrupted sleep per day is preferable.

Good sleep is more likely if night-time sleeping conditions can be simulated. Home modifications may be necessary and employers should be asked to subsidise the cost. Modifications may include:


- 42 - air conditioning heavy curtains and/or blinds answering machine noise insulation, which may include carpet, acoustic tiles, double glazing or

heavy curtains.

It may also help if neighbours and friends are aware of your shift commitments.

Heavy smoking can lead to a mini nicotine withdrawal occurring during daytime sleep and cause disrupted sleep as the body tries to wake to have a cigarette.

Strenuous exercise in the last 1 to 2 hours before bedtime raises the heart rate, blood pressure etc. and makes sleep more difficult.

Caffeine is a stimulant which also makes sleep more difficult.


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FATIGUE AND ALERTNESS

Staying alert during shift work should be addressed by providing adequate breaks during rosters. Nevertheless, shift workers will experience periods of reduced alertness, particularly on night shifts and extended shifts. When this occurs, take a break. Simple measures like standing up and walking around or washing your hands and face in cold water may help alleviate the symptoms.

Extra care is required if you are driving, either at work or on the way home. It is dangerous to drive while fatigued or feeling drowsy. Where practicable, the employer should arrange transport to and from work.

DRUGS AND ALCOHOL

Use of drugs or alcohol by workers trying to overcome the effects of fatigue and/or of wakefulness at inappropriate times is a hazard of shift work

Lack of sleep and fatigue can increase the effects of alcohol.

Alcohol within 1 to 2 hours of bedtime can also lead to disrupted sleep patterns.

Caffeine may provide increased temporary wakefulness, but general caffeine intake should be kept low to avoid sleep disruptions. Coffee, tea and many soft drinks have high caffeine concentrations.

The use of sleeping pills is hazardous:

some are highly addictive they may cause you to remain sleepy when it is time to wake up they cannot reset the body clock; using sleeping pills will not overcome the

effects of your body’s circadian rhythms.


- 44 -Substances such as amphetamines (‘uppers’ or ‘speed’) are highly dangerous. As well as the risk of addiction, these drugs can cause high blood pressure, heart irregularities and mental confusion.

EATING PATTERNS

Easy access to nutritious food is often difficult for shift workers. The employer has a responsibility to ensure that meals are available and should provide facilities for cooking and keeping food fresh.

A high percentage of shift workers report chronic stomach problems from disrupted eating patterns and from the kinds of food they eat during the night and before bed.

Working shift work often requires eating at night when digestive processes slow down. Fatty or high-protein foods are not properly digested in these circumstances. It is preferable to eat main meals close to normal evening meal times, even if this is close to the beginning of the shift.

Some shift workers also gain weight because they eat their normal daytime meals and continue to snack at night.


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EXERCISE AND SHIFT WORK

Regular exercise is important for maintaining general health. Aerobic exercise has also been shown to assist shift workers by increasing sleep length and decreasing general fatigue, particularly for night workers. Regular exercise can also reduce musculoskeletal and psychological symptoms associated with shift work.

Regular aerobic exercise, in which the activity of the heart and lungs is increased, is beneficial for general health. Examples include brisk walking or jogging, cycling, swimming or aerobic exercise classes.

FAMILY AND SOCIAL LIFE

Lack of contact with family and friends is frequently reported as a down side of shift work. Additional effort and planning to spend time with friends and family may be necessary.

MEDICAL ADVICE

People who are experiencing difficulties coping with shift work or extended working hours should seek advice from their medical practitioner and ensure that the practitioner knows their working arrangements.


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