Your employer's claim that they are not responsible once you leave the building is not entirely correct – under the OHS Act your employer's duty of care can extend beyond the building walls.
Under s.21 of the OHS Act employers must provide and maintain a working environment that is safe and without risks to health, including providing a safe system of work. This includes risks arising from:
- car parks and access routes used by workers to enter and leave the workplace
- foreseeable conduct of third parties — given the pattern of repeated, serious assaults, this risk is clearly foreseeable
- all work-related activities including on-call, overtime, and shift work arrangements
Under s.26 of the OHS Act persons who have, to any extent, the management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace and the means of entering and leaving it, are safe and without risks to health (our underline).
You mention the employer promising to increase lighting and install cameras which suggests that the carpark is onsite and under their control. The next steps you could follow up with your employer include:
- Setting a timeframe for the installation for lighting and cameras, and temporary controls (such as mobile lighting and security camera like those used at construction sites) until this is facilitated.
- Ensure security cameras that are monitored
- Identify secure parking close to entrances, particularly for on-call and evening/night shift workers
- Ensure good visibility and avoid creating areas where workers could be trapped
- Where it is not possible to leave as a group organise a security guard escort to keep workers safe — staff should not work alone where there is a risk of violence
- Ensure communication systems (phones, panic buttons) are provided, maintained and tested
- Establish systems for immediate medical attention, reporting, debriefing and support after incidents
- Record all incidents and report criminal behaviour to police
- Provide post-incident support including consideration of paid leave for impacted staff
Obviously, if your employer does not have control of the car parking area they will be limited in some of the hazard controls they can directly implement, however negotiation with the car park owners can result in improvements, and some controls are still possible regardless of car park ownership. In addition to some of the controls above, it is worth reflecting on what the Facilities Compliance Code says about workplace facilities not under the direct control of the employer
“If an employer identifies inadequate facilities in a workplace and they do not have enough management or control of the workplace to fix the issue, they need to attempt to influence the person who does manage or control that workplace to fix the issue for the welfare of their employees. The adequacy of facilities should also be taken into account when employers are considering whether to enter into a lease and, if they are inadequate, make all attempts to address the issues, or consider alternative premises.”
As an HSR you have powers to address this issue with your employer:
- survey your DWG about this issue to gauge the psychosocial impact this is having on your DWG members
- encourage every affected employee to report incidents (including near miss events) to your workplace’s incident/hazard reporting system and to your union – the ANMF have good advice on reporting incidents of violence and aggression Reporting OVA incidents: it’s got to be done! – On the Record
- document everything — every incident, near miss, threat, failed promise about lighting/cameras, dates, times, witnesses, etc.
- request a risk assessment — your employer must assess the likelihood of violence, available facilities (safe places, lighting), and implement controls, and have an obligation to provide such information to relevant HSRs
- consultation – s.35: your employer must consult with HSRs and employees about these risks. Request consultation immediately about their failure to address this issue and follow up on promised controls – you can use our Consultation Email template to formalise your request
- Provisional Improvement Notice (PIN) – s.60: you can issue a PIN requiring your employer to fix specific hazards (lighting, parking, security measures)
- Direction to Cease Work – s.74: if workers face immediate risk, you can direct workers to cease unsafe work — this could include directing workers not to walk unescorted to cars during high-risk times
This is an issue that affects more than one DWG, so work with other HSRs to consult with DWG members across the whole facility, and to consult with management collectively.
I also urge you to contact your union immediately — the ANMF has a specific Zero Tolerance policy on occupational violence and a 10-point plan addressing exactly these issues, including security improvements and workplace design, some of which can work just as well for outside violence and aggression hazards as it does for those that occur on the ward.
Your employer cannot wash their hands of responsibility at the building door or delay implementing controls - the repeated assaults make this an urgent matter. The law is clear — employers must take all reasonably practicable steps to reduce the risk of violence, and that includes safe access to and from the workplace. Remember, you can also report this issue to WorkSafe Victoria — the pattern of serious assaults and your employer's refusal to accept responsibility is extremely concerning.
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!