ASK RENATA

Dear Renata

I work in a warehouse where packaged food, including pet food, is stored. We have a significant rat infestation – we are having to clean up urine and faeces every day. I don’t think my employer is doing enough to help control this. Is such an infestation considered a hazard? By the way, I’m the HSR for my DWG.

The quick answer is that a rat or mouse infestation in the workplace is a definite and potentially serious hazard to the health of anyone who is working or visiting there.

Mice, rats and other rodents may carry infections that spread to humans. These include leptospirosis and lymphocytic choriomeningitis virus (LCMV) and can spread through direct contact with infected mice or through contact with soil, food or water contaminated by infected mice. Information from the NSW Health Department produced in relation to a mouse plague, states that while these infections are rare, people should take steps to reduce their risk. As the situation is in a workplace, your employer has the duty to take these measures. All employers have a general duty of care under the OHS Act to provide and maintain so far as is reasonably practicable, a working environment that is safe and without risks to health (s21). Your employer also has duties to the workplaces and eventually the customers who will be purchasing the produce.

Your employer cannot just do nothing or say something like “There’s nothing I can do because this is a food warehouse, and we can’t eliminate food!”

So, while it may be difficult to completely eradicate the rats (and therefore the droppings) at your workplace, there are many measures that your employer must take to minimise the risk to workers. You are the HSR and so your employer must consult with and involve you when identifying the hazard, assessing the risk, and implementing controls (see Duty to consult).

My advice to you:

1. Request a meeting with your employer to raise the issue and their duties under the OHS Act - Be prepared with sections of the Act highlighted. Also sections of the Compliance Code for Workplace facilities and the working environment, 2023  (the requirements for Dining Facilities specifically address making certain things vermin proof)
2. Be ready to propose some measures to take. Look at the NSW information and also this information from the Victorian Health Department – Rodents – Pest control Talk to your DWG members
3. If your employer refuses to meet with you, or refuses to accept they must do something, or refuses to take up any of your proposed measures, then you will need to take some of the actions you can take as an HSR:
   1. Invoke the Issue resolution procedures as per the OHS Regulations
   2. Contact your union – although you haven’t said you’re a member…
   3. Issue a PIN – this is a serious hazard
   4. Contact WorkSafe Victoria for advice and assistance

Good luck with your efforts – as an active HSR you will be able to do a lot to ensure your employer addresses this issue.