Lone Worker Legislation and Policy in Australia

According to the Australian government, "lone workers are considered those who work by themselves and/or work in the community with only limited support arrangements, which therefore exposes them to risk by being isolated from the usual backup support. This is the case whether they regularly work alone or are only occasionally alone and do not have access to immediate support from managers or other colleagues."

On the first day of January 2014, Australia introduced legislation to protect lone workers, making it compulsory for employers to monitor the health and well-being of any of their employees working remotely or in isolated conditions.

As you will see below, varying lone worker regulations and legislation apply to Australia's six states and 10 territories. These states include:

  • New South Wales

  • Victoria

  • Queensland

  • Western Australia

  • South Australia

  • Tasmania

MODEL CODE OF PRACTICE: MANAGING THE WORK ENVIRONMENT AND FACILITIES

This Code of Practice on managing the work environment and facilities is an approved code of practice under section 274 of the Work Health and Safety Act (the WHS Act)

According to the Code, remote and isolated work includes:

  • all-night convenience store and service station attendants

  • sales representatives, including real estate agents

  • long-distance freight transport drivers

  • scientists, park rangers and others carrying out fieldwork alone or in remote locations

  • health and community workers working in isolation with members of the public

SAFE WORK AUSTRALIA

Safe Work Australia is an Australian government statutory body established in 2008 to develop national policy relating to the Work Health and Safety Act and workers' compensation. They are jointly funded by the Commonwealth, state and territory governments through an Intergovernmental Agreement.

RESOURCES

Here are more Safe Work Australia resources on remote and isolated work in the Oceana country.

AUSTRALIAN CAPITAL TERRITORY

Work Health and Safety Act 2011
Division 2.2
Primary Duty of care 19 Primary duty of Care

  1. A person conducting a business or under taking must ensure, so far as is reasonably practicable, the health and safety of -

    1. workers engaged, or caused to be engaged, by the person; and

    2. workers whose activities in carrying outwork are influenced or directed by the person, while the workers are at work in the business or undertaking.

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  2. A person conducting a business or under taking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

  3. Without limiting subsections(1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable -

    1. the provision and maintenance of a work environment without risks to health and safety; and

    2. the provision and maintenance of safe plant and structures; and

    3. the provision and maintenance of safe systems of work; and the safe use, handling, storage and transport of plant, structures and substances; and

    4. the provision of adequate facilities for the welfare at work of workers in carrying outwork for the business or under taking, including ensuring access to those facilities; and

    5. the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and

    6. that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking

WORK HEALTH AND SAFETY REGULATION 2011

DIVISION 3.2.6

Remote or isolated work
48 Remote or isolated work -
Act, s19

  1. A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work, in accordance with part3.1 (Managing risks to health and safety).

  2. In minimising risks to the health and safety of a worker associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker. (Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated.)

  3. In this section: assistance includes rescue, medical assistance and the attendance of emergency services workers. remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.

Australian States

NEW SOUTH WALES

Work Health and Safety Act 2011 No 10
Division 2 Primary duty of care
19 Primary duty of care

  1. A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of:

    1. workers engaged, or caused to be engaged by the person, and

    2. workers whose activities in carrying outwork are influenced or directed by the person, while the workers are at work in the business or undertaking.

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  2. A person conducting a business or under taking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.Text

  3. Without limiting subsections(1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable

    1. the provision and maintenance of a work environment without risks to health and safety; and

    2. the provision and maintenance of safe plant and structures; and

    3. the provision and maintenance of safe systems of work; and the safe use, handling, storage and transport of plant, structures and substances; and

    4. the provision of adequate facilities for the welfare at work of workers in carrying outwork for the business or under taking, including ensuring access to those facilities; and

    5. the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and

    6. that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking


Work Health and Safety Regulation 2017
Division 6 Remote or isolated work
48 Remote or isolated work

  1. A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work, in accordance with Part 3.1.

  2. In minimizing risks to the health and safety of a worker associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.

  3. In this clause: assistance includes rescue, medical assistance and the attendance of emergency service workers; remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.


LEARN MORE

Here is more information about remote and isolated work in New South Wales and the state's legislation.

VICTORIA

Occupational Health and Safety Act 2004
PART 3 - GENERAL DUTIES RELATING TO HEALTH AND SAFETY
Division 2 - Main duties of employers
21. Duties of employers to employees

(1) An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health. 2 (c) maintain, so far as is reasonably practicable, each workplace under the employer's management and control in a condition that is safe and without risks to health;

The state of Victoria Occupational Health and Safety Regulations 2017 does not refer to isolated or remote workers.


LEARN MORE

Here is more information about working alone safely in the state of Victoria.

QUEENSLAND

Work Health and Safety Act 2011
Division 2 Primary duty of care
19 Primary duty of care

  1. A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of:

    1. workers engaged, or caused to be engaged by the person; and

    2. workers whose activities in carrying out work are influenced or directed by the person; while the workers are at work in the business or undertaking.

  2. A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

  3. Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable:

    1. the provision and maintenance of a work environment without risks to health and safety; and

    2. the provision and maintenance of safe plant and structures; and

    3. the provision and maintenance of safe systems of work; and

    4. the safe use, handling and storage of plant, structures and substances; and

    5. the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and

    6. the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and

    7. that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.


Work Health and Safety Act 2011
Division 6 Remote or isolated work
48 Remote or isolated work

  1. A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work under part 3.1.

  2. In minimizing risks to the health and safety of workers associated with remote or isolate work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.

  3. In this section:

    • assistance includes rescue, medical assistance and the attendance of emergency service workers.

    • remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.

    • From 1 January 2014 a duty holder will be required to manage risks to the health and safety of remote or isolated work and implement control measures that include effective communication with remote and isolated workers:

      • Remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.

      • Assistance includes rescue, medical assistance and the attendance of emergency service workers.

      • The Managing the Work Environment and Facilities Code of Practice 2011provides detail on possible control measures.

Providing an effective means of communication for remote or isolated workers, means ensuring that they can access the assistance of emergency services.

A worker may be isolated even if other people are close by. For example, a community nurse working in the middle of the city conducting clinical visits at night could be considered an isolated worker. In this case, the worker may require some form of duress alarm to enable access to assistance in the case of an emergency.


LEARN MORE

Here is more information about remote and isolated work safety from the Government of Queensland.

WESTERN AUSTRALIA

Occupational Safety and Health Act 1984
Division 2 - General workplace duties
19. Duties of employers

  1. An employer shall, so far as is practicable, provide and maintain a working environment in which the employees of the employer the employees) are not exposed to hazards and in particular, but without limiting the generality of the foregoing, an employer shall:

    1. provide and maintain workplaces, plant, and systems of work such that, so far as is practicable, the employees are not exposed to hazards; and

    2. provide such information, instruction, and training to, and supervision of, the employees as is necessary to enable them to perform their work in such a manner that they are not exposed to hazards; and

    3. consult and cooperate with safety and health representatives, if any, and other employees at the workplace, regarding occupational safety and health at the workplace; and

    4. where it is not practicable to avoid the presence of hazards at the workplace, provide the employees with, or otherwise provide for the employees to have, such adequate personal protective clothing and equipment as is practicable to protect them against those hazards, without any cost to the employees; and

    5. make arrangements for ensuring, so far as is practicable, that - (i) the use, cleaning, maintenance, transportation and disposal of plant; and (ii) the use, handling, processing, storage, transportation and disposal of substances, at the workplace is carried out in a manner such that the employees are not exposed to hazards.


3.3. Isolated employees to have communication for emergencies etc. If an employee is isolated from other persons because of the time, location or nature of the work then the employer must ensure that:

  1. there is a means of communication available which will enable the employee to call for help in the event of an emergency; and

  2. there is a procedure for regular contact to be made with the employee and the employee is trained in the procedure.


LEARN MORE

Here is more information about working alone safely from the government of Western Australia.

SOUTHERN AUSTRALIA

South Australia Work Health and Safety Act 2012
Division 2-Primary duty of care
19-Primary duty of care

  1. A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

  2. Without limiting subsections (1) and (2), a person conducting a business or undertaking must ensure, so far as is reasonably practicable:

    1. the provision and maintenance of a work environment without risks to health and safety; and

    2. the provision and maintenance of safe plant and structures; and

    3. the provision and maintenance of safe systems of work; and

    4. the safe use, handling and storage of plant, structures and substances; and

    5. the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and 27.6.2013-Work Health and Safety Act 2012 Health and safety duties-Part 2 Primary duty of care-Division 2 Published under the Legislation Revision and Publication Act 2002 3

    6. the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and

    7. that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.

A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the following:

  1. the layout of the workplace allows, and the workplace is maintained so as to allow, for persons to enter and exit and to move about without risk to health and safety, both under normal working conditions and in an emergency;

  2. work areas have space for work to be carried out without risk to health and safety;

  3. floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety;

  4. lighting enables:

    1. each worker to carry out work without risk to health and safety;

    2. persons to move within the workplace without risk to health and safety;

    3. safe evacuation in an emergency; Work Health and Safety Regulations 2012-1.1.2014

  5. ventilation enables workers to carry out work without risk to health and safety;

  6. workers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety;

  7. work in relation to or near essential services does not give rise to a risk to the health and safety of persons at the workplace.


LEARN MORE

Here is more information about remote and isolated work safety from the Government of South Australia.

TASMANIA

Work Health and Safety Act 2012 Tasmania
Division 3 - Further duties of persons conducting businesses or undertakings
20. Duty of persons conducting businesses or undertakings involving management or control of workplaces

The person with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

Work Health and Safety Regulations 2012
Division Six - Remote or isolated work
48. Remote or isolated work

  1. A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work, in accordance with Part 3.1

  2. In minimizing risks to the health and safety of a worker associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.

  3. In this regulation:

    • assistance includes rescue, medical assistance and the attendance of emergency service workers;

    • remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.