Hi Renata – My employer keeps blocking the emergency exits.
Thank you for your question about emergency exits. In short, it should come as no surprise that emergency exists must be kept clear.
Under Section 21 of the Occupational Health and Safety Act 2004, employers have a duty to provide and maintain a healthy and safe working environment. This includes providing a safe system of work and information, training, supervision as to how to evacuate the workplace in the event of an emergency.
Additionally, managers of workplaces have a duty to ensure that the workplace and the means of entering and leaving it are safe and without risks to health as covered in s.26 of the OHS Act. This includes ensuring that there is a safe way to leave the workplace in an emergency.
You can find information about emergency exits on our OHS Reps page Fire Escapes - what are the rules? - OHS Reps and also in the WorkSafe publication Compliance code: Workplace facilities and the working environment. The Code clearly states:
“Employers need to ensure that paths to exits are safe and comply with access and egress requirements. Aisles and passageways in buildings need to be kept free of furniture or other obstructions at all times. In factories, warehouses, depots and similar buildings, aisles and passageways should be clearly marked so that the exit routes can be easily seen in an emergency”.
Also, in the Compliance Code section “Responding to emergencies” it states:
Employers, or persons who manage or control workplaces, need to comply with the relevant provisions of the National Construction Code for emergency response features in buildings. The National Construction Code provisions cover the requirements for fire-fighting equipment, smoke hazard management and emergency lighting, exits and warnings in buildings.
So long as the exit door is clearly marked and signposted, the path to the door remains clear and accessible, and the exit is included in your workplace emergency management plan, it should meet the requirements of the compliance code.
Of course, knowing the rules is only half the battle – you’ve got to have the power to enforce your rights under the law to a safe workplace, and also maintain a cooperative working relationship with your employer. As an employee-elected health and safety representative you have rights and powers to take issues up with management and follow through to get things done. Speak with the other HSRs in your workplace and approach this issue collectively. Request that your employer consult with you about how they are going to ensure that emergency exits remain accessible – try our Consultation Email template. I recommend contacting your union directly for support and guidance if your employer pushes back on this.
If you have any questions about OHS we encourage to fill out an Ask Renata query and one of our officials will get back to you shortly. Alternatively give Ask Renatabot a try!
