Workplace Health & Safety

16.1 WHS Obligations

As a franchise partner and business owner you have legal responsibilities to implement health and safety practices in your workplace as soon as you start your business.

You need to ensure that your business doesn’t create health and safety problems for your employees, contractors, volunteers, visitors, customers or the public.

Knowing and understanding WHS laws and how they apply to business will help you avoid unnecessary costs and damage to your business caused by workplace injury and illness.

Under Australian WHS legislation businesses are legally obliged to:

• provide safe work premises
• assess risks and implement appropriate measures for controlling them
• ensure safe use and handling of goods and substances
• provide and maintain safe machinery and materials
• assess workplace layout and provide safe systems of work
• provide a suitable working environment and facilities
• have insurance and workers’ compensation insurance for your employees.

Though it may cost to implement safe practices and install safety equipment, the effect of not taking action can be severe and costly.

Complying with WHS requirements can prevent you from being prosecuted and fined and help you to retain skilled staff.

16.2 Workers Obligations

People working in your business have work health and safety obligations to themselves and their workmates.

They must:

• only do work that you have been trained to do.
• work with due care and consideration to safeguard your own WHS and the WHS of others.
• report any safety issues / hazards that you find in the workplace, to your franchise partner.
• observe all safety signs and follow all safety instructions.
• not wilfully or recklessly interfere with or misuse anything provided for work health and safety
• at the workplace
• not wilfully place others at risk
• not wilfully injure themselves
• Use the personal protective equipment (PPE) issued to you and keep it in good order
• Comply with regulatory practices and procedures.
• Cooperate with authorities investigating incidents, accidents and injuries

16.3 WHS Requirements by State or Territory

The WHS requirements and legislations you are required to meet as a business will depend on the state or territory you are in. Franchise partners must ensure they conform with the requirements in their State/Territory.

For more information contact

• ACT: www.accesscanberra.act.gov.au/app/home/workhealthandsafety
• QLD: www.safeworkaustralia.gov.au/contacts-your-stateterritory/contacts-queensland
• NSW: www.safework.nsw.gov.au
• NT: www.worksafe.nt.gov.au
• SA: www.safework.sa.gov.au
• TAS: www.worksafe.tas.gov.au
• VIC: www.worksafe.vic.gov.au

16.4 Workplace Health and Safety Overview

Music Lessons Academy franchise has formulated a Workplace Health and Safety management plan, which MUST be followed. Every franchise partner needs to follow the rules set out in this manual.

Safety is everybody’s responsibility – not following the rules could mean somebody gets hurt or killed.

Managing safety risks means identifying a risk and making it safer. This can be something as simple as picking something off the ground that people might trip on or ensuring your vehicle windows are clean.

16.5 Definitions

Hazard: A hazard is a situation or thing that has the potential to harm a person or property. Hazards are things such as electricity, chemicals, driving, noise, bullying or moving machinery.

Risk: Risk is the possibility that harm may occur to a person from the hazard.

Risk Control: Risk control is taking actions to eliminate or minimize the risk as far as is reasonably practicable.

16.6 Bullying

Under no circumstances will Music Lessons Academy tolerate bullying.

Bullying can be any of the following:

• repeated hurtful remarks or attacks sexual harassment, particularly stuff like unwelcome
• touching and sexually explicit comments and requests that make you uncomfortable
• excluding you or stopping you from working with people or taking part in activities that relates to your work
• playing mind games, ganging up on you, or other types of psychological harassment pushing, shoving, tripping, grabbing you in the workplace
• attacking or threatening with equipment, knives, guns, clubs or any other type of object that can be turned into a weapon
• Initiation, humiliating or inappropriate things in order to be accepted as part of the team.

16.7 Drugs and Alcohol Policy

Music Lessons Academy has a zero-tolerance approach towards the presence of illicit drugs within the workplace.

This includes the discovery of an employee with possession of an illicit substance, and any testing which results in a non-negative reading of a substance within an employee’s system above the detectable limit while at work.

Employees are not permitted to work while under the influence of alcohol and must conduct themselves responsibly at all times.

Alcohol may be consumed at some Employer events. Where this is the case, Music Lessons Academy encourages responsible alcohol consumption and at no time should you be drunk or behave in a manner which is inappropriate.

Non-compliance with this policy and any associated procedure by employees may result in disciplinary action up to and including termination.

Prescribed & Over The Counter Medication

Employees who are taking any prescribed/over-the-counter medication or drugs which may affect their ability to perform their work must notify management as soon as possible. You may be required to produce a medical certificate stating that you are fit for work or specifying any restrictions.

Screening

Music Lessons Academy may require screening for alcohol and drugs. For employees, this may include pre-employment testing.

Testing may be conducted based on reasonable suspicion or following an incident or accident. Music Lessons Academy reserves the right to carry out random testing across all levels of employees.

Where employees are suspected of being affected by drugs or alcohol, they may be required to participate in appropriate testing. Positive readings at any time will result in disciplinary procedures up to and including termination of your employment or engagement with Music Lessons Academy.

If they return a positive result or refuse to participate in testing, they will be required to cease work immediately and leave the workplace.

This time will be unpaid until such a time that they are fit to return to work. They will not be able to return to the workplace until they return a negative result. If they are required to leave the workplace, they will be required to report to management on their return or when they are no longer under the influence of drugs or alcohol, to discuss the incident.

No Smoking Policy

Smoking is only permitted outside the premises. Employees are requested to keep any residual smoke or scent minimal to reduce any offense this may cause to customers of other individuals inside the Music Lessons Academy Centre.

16.8 Electrical Risks

Electrical risks are risks of death, electric shock or other injury caused directly or indirectly by electricity and may include:

• electric shock causing injury or death
• arcing, explosion or fire causing burns
• toxic gases from burning and arcing associated with electrical equipment
• falls from ladders, scaffolds or other elevated work platforms after contact with electricity, and
• fire resulting from an electrical fault.

Identifying the risk

Music Lessons Academy will consult with workers to identify electrical hazards arising from electrical equipment.

The following will be considered to assist in the identification of electrical risk:

• the design, construction, installation, maintenance and testing of electrical equipment
• inadequate or inactive electrical protection, for example no or damaged safety switches
• the age and condition of electrical equipment

Electrical equipment testing and tagging

Music Lessons Academy will ensure that the electrical equipment is regularly inspected and tested by a competent person at the required intervals.

16.9 First Aid

Each Music Lessons Academy franchise partner must have a first aid kit that is easily accessible. The franchise partner is responsible for maintaining the first aid kit.
You must:

• Monitor access to the first aid kit and ensure any items used are replaced as soon as practicable after use
• Undertake regular checks (after each use or, if the kit is not used, at least once every 12 months) to ensure the kit contains a complete set of the required items (an inventory list in the kit should be signed and dated after each check)
• Ensure that items are in good working order, have not deteriorated and are within their expiry dates and that sterile products have been sealed and not been tampered with

The franchise partner needs to ensure that they have a clear understanding of first aid and the procedures that are required.

Whenever first aid is required an incident report sheet will need to be completed.

See WHS Forms click here

16.10 Incident and Injury Reporting

The reporting of incidents, injuries and near hits/misses is essential for the identification of hazards in the workplace.

Depending on the nature of an incident or injury, there may also be a legal obligation to report this to a state regulatory body. To ensure compliance with these obligations, incidents and injuries at Music Lessons Academy must be reported in accordance with the below procedures.

Reporting requirements

All incidents resulting in or with the potential for injury or property damage will be reported.

Investigations of incidents will be undertaken at a level consistent with the actual or potential for injury/damage, with the goal of preventing future occurrences.

Internal reporting and investigation procedures

Minor injuries which require no treatment, or first aid treatment only, will be recorded on the First Aid Treatment Log/Register of Injuries.

An incident, injury, illness or near hit/miss that requires (or has the potential to require) medical treatment will be reported on the Incident Report Form. This will be done as soon as possible by the affected worker (or delegate) and no later than 24 hours after the event.

Reported incidents and injuries will be promptly investigated by appropriate management using the Incident Investigation Form.

The investigation will identify the causes of the incident and assess any hazards that need to be controlled. Management will discuss the incident with relevant workers and decide on suitable risk controls to be implemented using the risk management process.

External reporting requirements

Music Lessons Academy will notify the relevant state health and safety regulator immediately by phone of any dangerous or notifiable incident and will secure and not interfere with the incident site. Where required notice in writing shall be provided within 48 hours of the event.

A dangerous or notifiable incident is:

• an incident involving the death of a worker
• an incident involving a serious injury or illness of a worker, or
• an incident otherwise considered a dangerous incident.
• A serious injury or illness of a worker means an injury or illness requiring the worker to have:
  • immediate treatment as an in-patient in a hospital
  • immediate treatment for:
  • the amputation of any part of his or her body
  • a serious head injury
  • a serious eye injury
  • a serious burn
  • the separation of skin from an underlying tissue (such as de-gloving or scalping)
  • a spinal injury
  • the loss of a bodily function
  • serious lacerations
  • medical treatment within 48 hours of exposure to a substance.

A dangerous incident means an incident in relation to a workplace that exposes a worker or any other person to a serious risk to health and safety emanating from an immediate or imminent exposure to:

• an uncontrolled escape, spillage or leakage of a substance
• an uncontrolled implosion, explosion or fire
• an uncontrolled escape of gas or steam
• an uncontrolled escape of a pressurised substance
• electric shock
• the fall or release from a height of any plant, substance or thing
• the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to
• be authorised for use in accordance with applicable health and safety regulations
• the collapse or partial collapse of a structure
• the collapse or failure of an excavation or of any shoring supporting an excavation
• the inrush of water, mud or gas in workings, in an underground excavation or tunnel, or
• the interruption of the main system of ventilation in an underground excavation or tunnel.

In addition, Music Lessons Academy will notify its workers compensation insurer within 48 hours of any injury or illness that has the potential to result in a worker’s compensation claim.

Incident notification

One of the most important initial actions to any accident or incident is to notify those who have input, support and resources which may be required to ensure the injured worker is cared for, legislative obligations are met, and effective investigation and control measures established.

As little time as possible will be lost between the time of the accident or incident and the beginning of the response.

For significant injuries, fatalities and incidents notifiable to the authorities, management will arrange, without delay, to contact and advise the following as applicable:

• directors/other management as soon as possible following the event and not more than 24 hours after the event
• return to work coordinator and workers compensation claims officer
• workers compensation insurer
• the police, where there has been a fatality
• trauma debriefing service
• group insurance manager (if a contractor or member of the public is injured or private property damage is sustained), and
• next of kin (either the workers manager or supervisor will communicate this information).

Injury management and return-to-work

Music Lessons Academy is committed to the return to work of workers suffering a workplace related injury or illness.

As part of this commitment, it will:

• prevent workplace injury and illness by providing a safe and healthy working environment
• participate in the development of an injury management plan where required and ensure that
• injury management commences as soon as possible after a worker is injured
• support injured workers and ensure that early return to work is a normal expectation
• provide suitable duties for injured workers as soon as possible
• ensure that injured workers (and anyone representing them) are aware of their rights and responsibilities and the responsibility to provide accurate information about the injury and its cause
• consult with workers and, where applicable, unions to ensure that the return-to-work program operates as smoothly as possible
• maintain the confidentiality of records relating to injured workers, and
• not dismiss a worker as a result of a work-related injury for the period defined under the jurisdiction’s worker’s compensation legislation.

Procedures

To support the above, Music Lessons Academy has established the below procedures:

• All injuries must be notified to management as soon as practicable.
• All minor injuries will be recorded on the First Aid Treatment Log/Register of Injuries.
• All injuries requiring medical treatment must be notified to management as soon as practicable using the Incident Report Form.
• Music Lessons Academy’s workers compensation insurers will be notified of any injuries that may require compensation within 48 hours.

Recovery

All injured workers will receive appropriate first aid or medical treatment as soon as possible. Injured workers will be permitted to nominate a treating doctor who will be responsible for the medical management of the injury and assist in planning return to work.

Return to work

A suitable person will be arranged to explain the return-to-work process to injured workers.
The injured worker will be offered the assistance of an accredited rehabilitation provider if it becomes evident that they are not likely to resume their pre-injury duties or cannot do so without changes to the workplace or work practices.

Suitable duties

An individual return to work plan will be developed when injured workers are, according to medical advice, capable of returning to work.

Injured workers will be provided with suitable duties that are consistent with medical advice and are meaningful, productive and appropriate to the worker’s physical and psychological condition.

Depending on the individual circumstances of injured workers, suitable duties may be at the same workplace or a different workplace, the same job with modified duties or a different job and may involve modified hours of work.

Non-work-related injury

Where the company can accommodate a worker with a non-work-related injury, it will make every endeavour to do so. A return-to-work plan will be developed, in consultation with the worker and his/her treating practitioner, when modified duties can be provided.

16.11 Manual Handling

Everyone at Music Lessons Academy needs to be aware of these safe lifting rules and tips. The maximum weight you will be allowed to lift working at Music Lessons Academy is 25kg per person – even if you think you can lift more.

That being said, some people will not be able to lift this weight.

DO NOT force yourself to lift something that is too heavy for you.

If you can’t lift something, use a device like a trolley or ask someone else to help you.

Follow these steps when lifting a heavy or oversized object:

• Plan before you lift. Remove anything that is in the way. Pushing is easier than pulling. Pulling is easier than carrying. Lowering loads causes less strain than lifting.
• Get help for heavy or bulky loads. Use equipment like a cart, trolley or barrow to help when possible.
• Warm up your muscles with gentle stretches before you lift. This is very important if you have been sitting for more than 15 minutes before lifting.
• Test the weight of the load first. Be sure that you can handle it safely. A big load of the same weight will put more strain on your body than a small load. Break your load into smaller or lighter loads.
• Face the way you need to move. Avoid twisting or side bending. Move your feet to turn rather than your waist. Turn your entire body, not just your spine. Place your feet wide apart to keep your balance.
• Hold the load close to your body. Grip the load using your whole hand not just the fingers. Using your whole hand will give you the greatest grip area and strength. Balance your load evenly between both arms.
• Lift with as straight a back as is comfortable. Tighten your abdominal (stomach) muscles. Bend your legs so they do the lifting.
• Keep the load between shoulder and knee height. Avoid reaching.
• Change your position and stretch to relax and rest your tired muscles. You need time to recover your strength between lifts to be able to work safely. Repeated and long lifts are the most tiring.
• Switch between heavy loads and lighter ones.
• Plan where to set the load down. Place loads on raised platform if possible. Leave enough room for your hands to grip the load. Avoid placing loads directly on the floor. If you must place a load on the floor, make sure to keep your back straight and lower the object by bending your knees.
• Rest more often when it is hot and humid. Remember to hydrate with drinking water
• Take more time to warm up your muscles when it is cold.

16.12 The Work Environment

Keep the work environment in a clean and safe condition. Repair any broken or damaged furniture, fixtures or fittings.

An untidy workplace can cause injuries in particular, injuries resulting from slips and trips, therefore, at Music Lessons Academy, good housekeeping practices are essential.

For example:

• Spills on floors should be cleaned up immediately
• Walkways should be kept clear of obstructions
• Work materials should be neatly stored
• Any waste should be regularly removed

It is up to each person to keep the workplace neat and tidy.

16.13 Working on a Computer

Follow these steps when working on a computer:

• Adjust the height of the work surface and/or the height of the chair so that the work surface allows your elbows to be bent at 90 degrees, forearms parallel with the floor, wrist straight, shoulders relaxed.
• Adjust the seat tilt so that you are comfortable when you are working on the keyboard. Usually, this will be close to horizontal, but some people prefer the seat tilted slightly forwards. Your knees should be bent at a comfortable angle and greater than 90 degrees flexion.

If this places an uncomfortable strain on the leg muscles or if the feet do not reach the floor, then a footrest should be used. The footrest height must allow your knees to be bent at 90 degrees.

Therefore, the height of the footrest may need to be adjustable. Adjust the backrest so that it supports the lower back when you are sitting upright.

Place the keyboard in a position that allows the forearms to be close to the horizontal and the wrists to be straight. That is, with the hand in line with the forearm.

If this causes the elbows to be held far out from the side of the body, then re-check the work surface height. Some people prefer to have their wrists supported on a wrist desk or the desk. Be careful not to have the wrist extended or bent in an up position.

Set the eye to screen distance at the distance that permits you to focus on the screen most easily.

Usually this will be within an arm’s length. Set the height of the monitor so that the top of the screen is below eye level and the bottom of the screen can be read without a marked inclination of the head.

Usually this means that the Music Lessons Academy of the screen will need to be near shoulder height. Eyes level with the tool bar. People who wear bifocal or multi focal lenses will need to get a balance between where they see out of their lenses and avoid too much neck flexion.

Change posture at frequent intervals to minimise fatigue. Avoid awkward postures at the extremes of the joint range, especially the wrists. Take frequent short rest breaks rather than infrequent longer ones.

Avoid sharp increases in work rate. Changes should be gradual enough to ensure that the workload does not result in excessive fatigue. After prolonged absences from work the overall duration of periods of keyboard work should be increased gradually if conditions permit.

Take a break from computer related activities every 10 minutes out of 50, or even more frequently if you are feeling fatigued. Talk a walk around the room or do something else that requires standing.