The agent (mixture) is carcinogenic to humans. • • • • •
Geographical differences
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Legislative frame work - WA Occupational Safety Health Act 1984 (Updated Sept 2014) Occupational Health and Safety Regulations 1996 (Updated 2th April 2015) Non specific wrt sun protection but clear in regard to protection from hazard. This is supported in WA by the associated WorkSafe codes of practice and guidelines. Safework Australia Guide on exposure to solar UVR
Duty of Care Protection from foreseeable harm. UV radiation has been recognised as a class 1 carcinogen. This information is in the public domain. Employers have a duty of care to protect their workers from overexposure to UV in the workplace. Workers have reciprocal duty to comply with policy and direction from management.
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Compensation Claims There is considerable legal precedent recognising claims for skin cancer caused by sun exposure in the workplace • A total of 1,360 workers compensation claims for sun related injury or disease in Australia between 2000 and 2009 • These claims have cost a total of $38.4 million • Total payments for skin cancer claims doubled from $2 million in 2001-02 to $4 million in 2008-09 • Claims are determined on the “ balance of probabilities” (Source: Safe Work Australia – www.safeworkaustralia.com.au)
In Practice We have identified a number of issues in the practical application of the duty of care with regard to UV radiation. Some of them are: – Interpretation of responsibilities for different employment statuses (employee, contractors, sub-contractors, sole traders) – Confusion between UV risk and heat risk in policies – Resistance from workers with regard to long clothing and heat – Sun protection policies that do not adequately protect employees from the hazard – Risk assessment – Engineering controls – Administrative controls – Sun protection policy that is monitored for effectiveness and changed when necessary
Practical tips Involve Cancer Council as independent advocate. Keep heat and UV arguments separate. Refer to other organisations that use best practice. Keep work force informed - allow some lead time two years not uncommon. Review changes with workers periodically. Have a grace period before full compliance required. Include in conditions of employment.
Practical tips Keep up with new fabrics sunscreen formulations – non slip, non stick options now available. Encourage the use of UV websites and mobile phone apps. Remember light weight fabric options. Allow choice of PPE / reimburse – Energex. Remember PPE can be tax deductible. Use variety when making the case for change - science based, humour based and the more emotionally based angles.
Trends in workplace sun protection Bigger companies doing well – OSH Semi-prompted Hazards Ranked infrastructure, accepted compensation risk. Smaller businesses – self employed Electric shock 1 st tradies, franchises, not doing so well. 2 nd Tools and machinery They refer to comfort and convenience 3 rd issues with regard to PPE Working at heights Time and cost issues are important in this 4 th Vehicle accident sector 5 th Heat stress They only see risks as things that will kill them today not in 20 years. 6 th Chemicals 7 th Sunburn 8 th Asbestos 9 th Drugs and alcohol Mental health 10 th
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