OHS REPS @ WORK

The death of a work colleague from an accident or disease is a tragedy. One of the most important things a union can do is to help prevent deaths. But if a death does occur, we need to make sure that sensitive support is provided to co-workers, family and friends.

Dealing with grief takes time. It is a normal response to death, trauma and loss. People need support at different times and in different ways. What happens in a workplace following a death can be a very important part of the process. Below are some suggestions for health and safety reps/delegates.

Each workplace and circumstance will be different, but the following can be used as a guide. It is often better to do more and keep up contacts with family and friends of the deceased than to just make the effort at the beginning. People are often left alone after the initial contact and the funeral.

When a death occurs

• Ensure that the area is safe.
• Ensure that the employer notifies WorkCover immediately. This is a legal requirement under the Victorian OHS Act (see Notifiable Incidents).
• Check that the employer is notifying the family (or next of kin) as soon as possible, in person preferably. Co-workers may have information that can assist the employer/police in doing this.
• Contact your union organiser to inform them of the death.
• Check that the family is informed about the circumstances of the death. Being left asking questions is often very hard for loved ones.
• Sometimes members of the family may want to come to the workplace, or request a religious person to come to attend the body. Ensure the employer gives the family the opportunity to do this.
• When the dead person is removed from the site, consider a guard of honour to farewell them (that is, arrange for co-workers to be present).
• Ensure that as health and safety representative, you are involved in the investigation of the accident.

For the workers after a death has occurred

• Ensure that workers be allowed to go home on full pay for the remainder of the day.
• A counsellor should be available on site as soon as possible, for individuals as well as collective discussions. Individuals may be more comfortable with counselling away from work (note: this must on be just a one-off arrangement).
• Check to see the employer has asked the family if they wish to visit the workplace, including if everyone is agreeable, for the family and co-workers to meet and talk.
• Remember that any co-workers interviewed (eg by the employer, the insurance company or the WorkCover investigators) have the right to ask that you as the OHS representative, be present. If necessary, contact the union for further advice.

Remember: it is important that the family and workmates are aware that the WorkCover process and the formal investigation of the accident takes time. For more details contact your union’s health and safety officer.

• Check to see if the family would like co-workers to assist with the funeral, eg as pall bearers, guard of honour.
• Ensure that anyone who wishes to attend is given paid leave to do so.
• Check to see that the union is sending flowers and/or representatives to the funeral

• A ceremony in honour of your deceased colleague should be arranged. This would be a good time to invite the family to attend the site. The ceremony should allow people to talk about the death and their own loss. This could be organised by a joint union/management group. The Creative Ministries Network may be able to help or conduct the ceremony.
• Check with the union organiser that the family has been contacted expressing the condolences of the union and that the family is made aware of all entitlements, the name of the union solicitor and support groups (see contact list below).

• Counselling needs to still be available for employees. Remember people will deal with death and grief in their own way and time. Some people fear that talking about these feelings will only make things worse. But holding on to feelings of stress and grief generally makes a person feel worse over time.
• Consider an appropriate memorial to the deceased. Discussions can be held with the family and management about a tribute: eg an ongoing health and safety award, a memorial plaque, a tree.
• Ensure that the family is receiving assistance with the workers compensation system and that all payments are made without any obstacles from the employer, WorkCover or the insurers. Report any difficulties to your union.
• Organise that co-workers contribute an entry into  the Victorian Trades Hall Council Memorial Book: To Honour the Memory of Workers who have died from Occupational Accidents and Disease. (This book is kept at the Trades Hall in Carlton. Ph 9662 3511). Ask the family if they would like to contribute to this entry. 

The First Anniversary

• Ensure that this is honoured in some way, eg observe a minute’s silence, light a candle, conduct a ceremony of remembrance. The family may wish to be involved. 

• Remember the deceased and other workers killed and injured at work on 28^th April: International Day of Mourning. Participate in any activities the Trade Union movement is holding on that day.

More Information

• Counselling for family members following the death or severe injury of a worker - covers what is counselling, when to have counselling, and who can provide and receive counselling
• WorkSafe Legal Processes following a work related death
• Who to contact to advise about the death of your loved one
• How to make a claim for dependency benefits 
• Information for the first week
• How to make a claim for medical and like expenses
• Losing a loved one - the grief process
• Dealing with financial matters following a loved one's death

Useful contacts:

Family Support Officer, WorkSafe Victoria
Provides support and information throughout the legal process and assistance in accessing counselling and other support.  Phone: (03) 8663 5460