Hello Renata
In relation to recent 'severe winds', is there anything that covers outdoor workers in extreme conditions? My employer advised that as they are 'essential workers' they must attend in all weather conditions. Are you able to assist?
You are correct in thinking that severe winds can present an OHS hazard for outdoor workers. Your employer has a duty under the OHS Act to identify hazards and risks at the workplace in order to take action to eliminate them or minimise them so far as is reasonably practicable. This must be done in consultation with affected workers and their elected health and safety representatives (HSRs). See Duty to Consult and What the employer has to do.
Read our full response
In severe weather events WorkSafe Victoria urges employers to secure worksites and re-consider outdoor work, in preparation for strong winds. WorkSafe Victoria Executive Director of Health and Safety Sam Jenkin says employers have an obligation to implement control measures and site rules to reduce or eliminate the risks presented. "Severe weather events, including potentially destructive winds, need to be treated like any other hazard in a workplace," Mr Jenkin said. "Employers should plan ahead, including by consulting with their workers and health and safety representatives, and prepare a tailored strategy for their individual circumstances."
This matter of extreme weather is not specifically addressed in legislation. This is because OHS/WHS legislation in Australia is what we call ‘objective based’ – that is, the duties on employers require that they provide and maintain, so far as is reasonably practicable, a working environment that is safe and without risks to health. This is called the ‘general duty of care’. For most hazards, the law is not ‘prescriptive’ – that is, it does not mandate HOW this should be done.
Check to see if there is an employee-elected health and safety representative (HSR) at your workplace. If there is one, then take the matter to him or her and ask for it to be taken up - the employer must seek to resolve the issue. If you don’t have an HSR there, then you should start talking to your fellow workers and set up a meeting with the employer to raise it – challenge the policy, propose what you want, etc. (see: Resolution of issues: http://www.ohsrep.org.au/law-rights/ohs-legislation/the-ohs-act/resolution-of-issues)