Deacons franchise OH&S case study
by
Norton Rose
Across all Occupational Health and Safety jurisdictions in Australia the safety of a workplace primarily lies in the hands of the employer and controller of a workplace and plant and substances in that workplace. As employers, business owners not only have an interest in their own business to prevent robbery and violence, they also have an obligation to provide a safe working environment for their employees and others who are non-employees, such as their customers.
Increasingly the issue is becoming a high priority for regulators and unions alike. There have been several prosecutions of different types of businesses - banks, supermarkets and security companies - for failure, among other matters, to conduct an adequate risk assessment of the security needs of the workplace. In one recent prosecution of the security company Chubb, the contractor security guard was in the car park of a client at the time that he was attacked. The courts held that the client's car park was still Chubb's workplace. Some of these prosecutions concerning workplace violence have been brought by unions as well as the relevant WorkCover authority.
There are a number of different factors to consider that will aid in reducing the likelihood of robbery or a violent incident occurring and to reduce the risk of injury if an incident occurs. They include:
Commitment by the organisation
As employers have a responsibility to provide a safe workplace, they should be committed to reducing the risk of a robbery or a violent incident.
Preparation
This may involve adopting safer working practices. For example, retailers should look at minimising the amount of cash in the cash register and doing the banking at different times of the day. The physical working environment is also often overlooked in this context. For example retailers should make sure that staff can see in and out of the store and should position cash handling areas away from entries and exits. Electronic security can also be a useful deterrent.
Training & Supervision
Employers must ensure that all staff receive training on what to do during and after an incident. In addition, the level of supervision provided should be based on the relevant circumstances including the employee's experience, age and capability
Monitoring & Review
The monitoring and review of existing security devices and safety procedures should be conducted regularly to ensure the effectiveness of the programme in place.
What to do after a robbery or violent incident
The most important thing to do is to attend to any injured victims and seek assistance from emergency services. It is also important to note that workplace violence is often a reportable incident under state OH&S Acts. The employer should notify the police, and arrange counselling for the victims.
Franchisors should ensure that their franchisees have in place a system to manage the possibility of violence in the workplace and the employees are appropriately trained in accordance with the system of work. Deacons can advise you about a Prevention and Management of Workplace Violence System as well as more generally on your obligations in relation to occupational health and safety across all jurisdictions in Australia.
See the running a franchise page for additional information. 11.07.2007
FCA Member
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