On 25 February 2020, a WorkSafe Inspector attended Star Care, operator of a child care centre in Thomastown, and conducted an inspection as part of WorkSafe’s Childcare High Risk Manual Handling and Occupational Violence Consultation Project.
During the visit the Inspector observed a nappy change table in the bathroom area of the workplace and formed a view that hazardous manual handling risks associated with the table were not being controlled.
The Inspector subsequently issued an Improvement Notice with a compliance date of 30 May 2020.
Upon re-attending the workplace to review compliance with the notice, the Inspector observed a plastic two-step stool had been placed next to the change table in purported compliance with the Notice.
The Inspector determined that this was inadequate because:
- the stool was not high enough to allow the older children to access the change table, requiring staff to lift the older children from the stool onto the table
- the stool was not affixed to the change table and could be subject to uncontrolled movement
The Inspector formed the belief that compliance with the Notice had not been achieved. Star Care advised the Inspector that it did not agree with the notice and an entry report noting non-compliance was issued.
Star Care subsequently made no application to dispute the validity of the Notice via application for internal review in accordance with section 128 of the Act.
On 15 April 2021, The Inspector re-attended the workplace to review compliance with the Notice. Star Care informed the Inspector that no further changes had been made to the change table and it did not want the Inspector to enter the premises.
Star Care subsequently sent the Inspector an image of the change table by short message service, stating the image represented the condition of the change table on that day.
Star Care was charged with a single offence of failing to comply with the Improvement Notice and WorkSafe accepted an Enforceable Undertaking (EU) from Star Care which acknowledged deep regret for the circumstances giving rise to the charge and undertaking to:
- donate to the Frontline Foundation Charity
- participate in the OHS Essentials Program
- host 6 webinar sessions around:
- safety in the childcare industry
- the charge against Star Care including lessons, key takeaways, and preventative steps
- The value of assistance from WorkSafe and the importance of participating in investigations
- a best practice review by an independent OHS professional.
The charge was subsequently withdrawn on 16 December 2022.