Work Health Safety Policy

Geo. J. Bone & Sons Pty Ltd and Bone Building Development Company Pty Ltd (hereinafter referred to as the “company”) is committed to providing all its employees with a safe working environment.

The company is equally committed to ensuring the safety and well being of all its customers and other visitors to the company’s premises.

To achieve the above mentioned objectives, the company has in consultation with its employees, drawn up the following Work Health Safety Policy. This policy is to be adhered to by all employees’, whatever their position within the company.

To underline the importance the company attaches to this policy, the Managing Director will be directly responsible for overseeing the successful implementation.

Any employees who has any concerns relating to Work Health Safety (WHS) matters at the workplace is encouraged to report those concerns directly to the Managing Director, who will immediately investigate and report back within 7 days (unless the issue is of sufficient urgency requiring an immediate response), after receiving notification of the concerns.

The company will provide all reasonable and necessary resources to ensure that the WHS policy is given effect to.

The company has both a statutory and common law duty of care to its employees and to others (such as clients or visitors) that may come onto the company’s premises. This duty of care imposes significant legal responsibilities on the company and if breached may result in heavy financial and other penalties on the company.

Section 19(a) and (b) of the Work Health Safety Act 2011 (hereinafter referred to as the ‘Act’) states that A person conducting a business or undertaking“…..must ensure, so far as is reasonably practicable the health and safety of: employees: workers engaged, or caused to be engaged by the person; and 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……’. At common law the company also has a duty of care to others such as visitors to the company’s premises to guard against reasonably foreseeable risks.

Employees also have a legal duty of care (including the possible imposition of significant financial penalties for any breaches) to protect their own health and safety, as well that of any other person who could be adversely affected by any act or omission on the employees part.

Sections 28(a), (b), (c) and (d) of the act states that “While at work, a worker must:…..take reasonable care for his or her own health and safety: and take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons;

All newly engaged employees will be given a copy of this WHS policy on recruitment. In addition they will be advised as to any hazards in the workplace or in work procedures that should be avoided.

In addition they will be advised of the relevant safe work practices the company has developed, including the provision and use of any protective equipment that is provided by the company. The induction of new employees’ will only be carried out by experienced employees of the company, who are familiar with WHS policies and procedures of the company.

In particular  the company will ensure that all new young employees, with little or no previous employment in the industry, will be made familiar with those parts of the work site and work procedures which are potentially dangerous and how they can work safely in that environment.

All guards and protective devices on plant and equipment will be maintained in good working order and must be used by any employee required to operate the said machinery and equipment.

The company undertakes to identify in consultation with the WHS committee, those areas of risk in the manual handling of materials, plant or equipment in the workplace, including such matters as work place and workstation layout, weights, the duration and frequency of manual handling, the skills and experience of employees’ etc.

Mechanical or other aids for manual handling will be provided where they can assist in reducing the risk of injury. Suitable training will be provided to employees’ as to how they can carry out their manual handling tasks in a way to minimise the risk of injury.

In particular  the company will ensure that all new young employees, with little or no previous employment in the industry, will be made familiar with those parts of the work site and work procedures which are potentially dangerous and how they can work safely in that environment.

All access and egress points in the workplace will be clearly marked and kept clear of any obstructions that might impede the safety of any employee or visitor to the company’s premises, safely entering, leaving and moving about the workplace.

All forklifts will be maintained in good working order including all its safety features. Only those employees qualified to operate a forklift/side loader/truck shall do so and in accordance with the specifications and they will ensure all safety mechanism on the forklift/side loader/truck are operating.

Any faults to be immediately notified to the Managing Director who will ensure that the faults are rectified.

If a seatbelt is attached it is to be worn by all persons who are operating the forklift/side loader. All forklifts, side loaders and trucks are to be driven within speed limits specified at all times. Please ensure no empty gas bottles are carried on forklifts when not required.

Gas bottles are to be stored correctly by being chained up, and empty gas bottles are not to be stored upside down.

All company vehicles and their equipment will be purchased and maintained on the principle that they are designed to minimise risk, both in respect of driving and in the loading and unloading of goods.

Any employees driving a company vehicle is required to obey all road laws including those that relate to mobile phones, speeding, alcohol consumption or illegal substance. The driver is not permitted to have any alcohol or illegal substance (other than a substance prescribed by a medical practitioner and deemed safe to be used by the employees whilst driving a vehicle) reading in their blood, whilst performing their duties. All newly engaged drivers will be trained in their jobs by an appropriately experienced employee of the company. Photocopies of your license(s) are required and will be filed confidentiality in your employee file.
If under any circumstances employees license changes or is suspended in any way Management must be contacted immediately.

Speed Management Policy & Procedures

The Company endeavours to ensure all drivers and sub-contractors have sufficient time to carry out their tasks on behalf of The Bone Group and remain within the boundaries of the law. Therefore any driver found speeding shall be deemed to have done so through their own volition.

• Drivers are not obligated to exceed normal working hours. They must contact Management if not suitable at the earliest convenience, so that other delivery arrangements can be made and customers contacted.
• Any driver who does exceed normal working hours will be paid overtime.
• At no time are drivers to exceed speed limits to complete deliveries at any time of the day.

General Truck Safety

DO:

• Ensure the Truck Inspection Checklist is completed on a weekly basis
• Ensure the windscreen is clean
• Inspect load is correctly staked and secure
• Truck crane is clear of power lines and overhead obstructions
• Driver to take care at all times when on tray of truck
• Driver must wear appropriate personal protective equipment
• Lifting straps must comply with Australian Standards and in good condition
• Ensure that the unloading operation has been properly planned in advance, taking full account of relevant load characteristics and site facilities
• Keep the material under control at all times and do not allow it to roll off the vehicle
• Ensure the vehicle and trailer brakes have been applied and locked out before unloading begins.

DO NOT:

• Tie the load to an object to drag it off the vehicle.
• Use an industrial truck for any purpose for which it was not designed or equipped, such as pushing or pulling a load or any other object, unless approved by the manufacturer.

Procedures for Delivery

• At no time are trucks to be overloaded
• It is the drivers responsibility not to overload the vehicle
• All drivers are to adhere by all road laws at all times.

All employees of The Company have a responsibility under the Work Health Safety Act to ensure that they take reasonable care to protect their own health and safety and that of others whilst in the workplace by not being affected by alcohol or other drugs to the extent that it impacts on their own or another persons work performance or safety.

The effects of intoxication and the regular use or dependence on alcohol or other drugs are associated with impaired judgment and skills, reduced concentration, absenteeism and increased accidents. Employees who have concerns about working with any other employee due to possible alcohol or other drug use should consult with their manager/supervisor immediately.

“Alcohol” refers to any beverage, containing an alcoholic content that temporarily impairs a person’s physical or mental capacity.
“Drug” refers to a chemical substance, whether it is legal or illegal, which may have the ability to impair a person’s physical or mental capacity. These can include prescribed drugs issued by a medical practioner, or non-prescribed drugs, for example, but not limited to, speed, heroin, amphetamines, LSD, crack, cocaine, ecstasy, marijuana, etc.

All employees of The Company are prohibited from selling, distributing, manufacturing, possessing or consuming alcohol or other drugs during work hours, or when on the premises of  The Company. Employees are also prohibited from arriving at work or returning to work from any break under the influence of alcohol or other drugs.

However, there may be certain occasions where alcohol may be available at The Company functions, though generally, these functions will not take place during employees ordinary working hours. In these specified situations The Company accepts that alcohol may be consumed within the appropriate guidelines and with the permission of management.

When employees attend either workplace functions or functions on behalf of The Company, management and employees will be expected to behave in a professional and responsible manner, ensuring that duty of care is provided to both themselves and others.

In circumstances where employee is taking medically prescribed drugs to manage a specific condition that may interfere with their work performance, they are required to notify their manager/supervisor. The manager/supervisor, in consolation with the employee (and the employees doctor if relevant to a particular circumstances), may (if practicable) make adjustments to the work requirements of the employee concerned. If this is not possible and the situation is temporary, the employee will either resume or commence sick leave until the employee is able to resume work.

Testing Procedure

The Company may request the testing of employees if management suspects that they maybe under the influence of drugs or alcohol.
The Company reserves the right to conduct random drug & alcohol testing at their discretion.

Drug & Alcohol testing will be performed by an outside third party company and refusal will result in first and final warning.
Any employee can seek confidential assistance from the company if they believe they have a drug or alcohol problem by contacting management. He will if requested by employee concerned arrange for counselling or such other assistance as is reasonable in the circumstances

All smoking during working hours and on company premises (including in company vehicles off site) is prohibited.

All hazardous and dangerous goods will be identified and appropriately stored as provided for by legislation, in a safe and clearly marked location.

Employees required to work with these goods will be trained in how to safely handle these goods and that all appropriate protective equipment designed to protect the employees’ concerned will be provided and the employees’ trained in how to use that equipment.

The WHSC will develop a plan that identifies possible emergency scenarios and the arrangements that will need to be put in place to handle those scenarios. Also the WHSC will determine who should be responsible for performing the various tasks including the appointment of a fire warden. All necessary fire protection equipment will be provided by the company and employees’ trained in the proper use of that equipment.

A qualified first aid attendant as required will be available at the company’s work site. In addition, a clearly marked and identified first aid room will be provided for the use of employees who need it. The room will be appropriately stocked with first aid equipment, facilities and supplies to enable the first aid attendant to carry out their duties

The Company acknowledges that the provision and use of personal protective equipment (PPE) plays a small but significant role in keeping our employees safe from any risk that they may face during their employment.

The wearing of personal protective equipment, where provided, is mandatory for all employees, contractors, subcontractors.

Failure by employees to wear the appropriate personal protective equipment will be seen as a failure to perform duties adequately, and disciplinary action will ensue.

Contractors and sub contractors are required to adhere to this requirement or risk having their contract cancelled without further payment.

The general public will not be allowed to enter hazardous areas unless they have the appropriate personal protective equipment or accompanied by a staff member who has assessed the hazard.

To assist employees, appropriate signage indicating the appropriate personal protective equipment to be worn will be displayed.

Where necessary, personal protective equipment will be individually made and fitted in order to ensure the maximisation of protection is offered.

All personal protective equipment will be stored and maintained according to manufacturer’s specifications. Employees are expected to actively assist management in this area.

Replacement of worn and faulty equipment will be the responsibility of the manager, who will audit the safety equipment on a regular basis to ensure that the equipment is offering the maximum protection. If PPE becomes damaged at any time, or an employee is unsatisfied with its performance, the employee should approach the manager immediately, and a replacement will be issued.

Employees provided with personal protective equipment will be trained in their use are required to use them as directed.

All employees operating machinery must wear appropriate personal protective equipment at all times.

Air compressors will have hand guns attached to them to reduce the air pressure that can be emitted. Employees shall not use the air compressors as a means for “dusting” themselves or others off.

Employees refusing to abide by this policy are knowingly putting themselves or others, at risk of serious, if not fatal injury, as well as exposing the company to unnecessary risk under the Act.

The Company will so far as reasonably practicable ensure all machinery and equipment is tested and tagged in accordance with AS/NS 3760 – In Service Safety Inspection and Testing of Electrical Equipment and is carried out by a competent person. The Bone Group will maintain appropriate documentation and records for all electrical work performed. Employees are responsible for using electrical equipment in a safe and responsible manner. Employees are to report immediately to the Manager any fault with the equipment being used.

The Company will consult with employees (this may be done through the Work Health Safety Representative or Work Health Safety Committee).on the purchasing of Personal Protective Equipment as well as Plant and Equipment.

It is the aim of The Company to protect its employees from the risks associated with the plant and equipment with which they work. This will be achieved by ensuring hazards associated with the use of plant in the workplace are identified and risks to health and safety are assessed and controlled.

(Refers to any work which may generate flames, heat or sparks)

All employees and contractors who work The Company must be familiar with the instructions and procedures relating to Hot Work Permits, and adhere to them at all times and under all conditions.

A Hot Work Permit will be issued by Management. The permit will state potential hazards of the area concerned and set out the precautions to be taken.

Please Note: For days of extreme hot weather refer to point 3.20.

The Company carries out a wide range of activities which may require employees to work under a variety of weather conditions. Therefore, any continuation of working in inclement conditions must be based on a practical approach and an understanding of our commitment to the provision of a healthy and safe workplace.

The Company is committed to providing all its employees with a safe and healthy environment, free from bullying. Everybody has the right to be treated with respect and dignity.
Workplace bullying and violence has a serious impact on the careers, health, safety and well being of employees’ and will not be tolerated by The Company.

Physical violence or bullying by one employee of another(s) at work will not be tolerated. Bullying such as physical or psychological assault, abuse, threats, intimidation or other types of harassment or unwarranted behaviour including pranks is not acceptable and is prohibited. Evidence of bullying will be considered gross misconduct warranting disciplinary action, including summary dismissal of the offender(s).

Examples of bullying and violent behaviour include but are not limited to:
• Pushing, shoving or restraining
• Kicking, biting, punching, slapping, scratching, squeezing or pinching
• Swearing, shouting or name calling
• Wounding or battering
• Stalking
• Harassment including sexual or racial abuse
• Intimidation, threats or other hostile behaviour
• Ostracism or leaving offensive messages
• Aggressive posturing or rude gestures
• Interfering with tools and equipment
• Dangerous pranks, innuendo or deliberate silence
• Belittling
• Being blamed for things beyond the employees’ control
• Public and indiscreet reprimands or counselling
• Unwelcome personal questions or comments about a person’s private life

Bullying does not include

• Feedback or counselling to ensure Duty of Care is met
• Reasonable counselling regarding work performance issues
• Instructing staff to ensure safe work practices

Effects on victim of Workplace Bullying

The most common effect of bullying is stress, evidence by:

• Anxiety
• Insomnia
• Obsession with the situation
• Self destructive habits (such as increased use of alcohol or other drugs, over eating)
• Headaches
• Skin conditions
• Suicidal thoughts

Leading to

• Loss of confidence, reduced self esteem
• Reduced performance at work
• Absenteeism
• Pressure on family and social relationships
• Loss of employment with further stress over financial pressures etc.

At The Company we are committed to providing a work environment which is pleasant for employees to work in and which is conductive to good occupational health and safety and workplace relations. Workplace Harassment can be based on race, disability, age, pregnancy, marital status, homosexuality, transgender, HIV/Aids, and sexual harassment. Workplace harassment usually consists of a pattern of unwelcome behaviour. However it can consist of just one act where this is of a serious nature. Also, there is no requirement that the harasser intended to offend or harm in order for it to be unlawful.

Examples of unlawful harassment

• Suggestive comments about a persons body or appearance
• Leering or staring at a person or parts of their body
• Tales of sexual performance
• Persistent, unwelcome proposals of marriage
• Gender based insults or taunting
• Sexist or racist jokes
• Pornographic or nude posters in the workplace
• Homophobic material displayed
• Homophobic abuse
• Verbal or written abuse directed at a transgender person
• Touching a person in a sexual way
• Sexual assault (criminal offence)
• Obscene telephone calls (criminal offence)
• Asking questions about a persons sex life
• Unwanted confidences about a persons sex life or lack of it
• Persistent requests for a night out, where these are rejected
• Request for sex, where these are rejected
• Making jokes at the expense of a person with a disability, verbal abuse or derogatory comments based on race
• Abuse based on a persons age
• Discrimination

Remember the key element of sexual harassment is that it is unwelcome behaviour. It has nothing to do with mutual attraction, or private, consenting friendships, whether sexual or not.

There can be incidences of mistaken or accidental conduct. The moment an employee feels offended by such conduct, it’s the employees responsibility to pursue a resolution whether between the two individuals or management, ie: stop I don’t like that or please don’t use offensive language.

In some instances the harassment might take place outside the workplace, the office Christmas party for example, or when an employee makes unwelcome phone calls to another employee at their home, or follows them home from work.

If you go to another workplace to do your work, it is also against the law to harass someone who is working there.

The Company recognises that workplace harassment may involve comments and behaviours which offend some people and not others. The management of The Company acknowledges that individuals

may react differently to comments and behaviour. That is why a minimum standard of behaviour is required of employees’ that, as far as possible, are respectful of all employees’.

The Company has a legal responsibility to take reasonable steps to prevent harassment from happening in the workplace. This involves educating employees’ about harassment, putting in place this policy, implementing grievance procedures and ensuring compliance by all in the workforce.

Managers and supervisors have an important role in prevention of workplace harassment. Firstly, managers and supervisors must ensure that they do not harass employees’, other managers or supervisors, clients or customers. Secondly, managers and supervisors must ensure that their staff understands the Workplace Harassment Policy. When they observe discrimination or harassment, they should take steps to stop it and warn the person of the consequences if the behaviour continues. If a person approaches them with a complaint about harassment, they should take appropriate steps to resolve it.

Each employee must ensure that they do not engage in harassing behaviour towards other employees, managers, supervisors, visitors, clients or customers. Employees should be aware that they can be held legally responsible for their unlawful acts. Employees who aid, abet or encourage other persons to harass can also be held legally responsible. Any employees who require more information should either contact their manager or supervisor, or the person who has been nominated by this company to assist in such matters.

Reporting of Workplace Bullying and Harassment

RE: Points 3.18 and 3.19

 A Bullying and Workplace Harassment form will need to filled out and given to management (Refer to documents section). If you make a complaint of workplace harassment or bullying it will be taken very seriously and will be dealt with sympathetically and in as confidential a manner as possible.

The complaint will be investigated and if found to be proved, disciplinary measures will be taken against the perpetrator, ranging from a formal reprimand or warning, to dismissal (including summary dismissal) of the employee concerned, depending upon the seriousness of the matter complained about.

You will not be victimised or treated unfairly for making a complaint.

If you are not satisfied with the way your complaint has been dealt with by the company, you can seek further advice from an outside agency such as the Human Rights and Equal Opportunity Commission or the Anti-Discrimination Board.

Any contractor working for the company will have made available to them, a copy of the contractors WHS policy prior to them commencing work and be required to comply with it.

All newly engaged contractors will be inducted into the company by an experienced employee who will make the contractor aware of any potential dangers at the workplace and the means by which the contractor can perform their work in a safe manner, both for themselves and any other employees or visitors on site.

Consistent with the objectives of the company to provide all of its employees with a safe and healthy working environment, the following specific practices/procedures apply, in conjunction with the company’s WHS policy, with respect to those employees who are required as part of their duties, to work off-site.

Any employee required to work off-site, at premises that are not owned, controlled or managed by the company, are not to perform any work at those premises, if the employee has reasonable cause to believe, that either their own safety or that of any other person, may be adversely affected by their carrying out any of their work related duties. Any employee taking such action will be supported in their decision by the company, provided the employee has followed the protocols outlined below.

• The employee upon reaching the worksite where he/she is to perform their duties shall before commencing their work, make a personal work safety assessment of the proposed working environment. If the employee has reasonable cause to believe that in carrying out his/her duties either themselves or any other person maybe at risk of injury, he/she will not commence work and;

• Notify the most senior person present on site, representing the interests of those who own, manage or control the work site concerned as to his/her decision not to carry out their duties and the reasons for it. The employee will request that senior person to take the appropriate action to make the site safe for work. In the event that such action cannot or will not be taken, the employee will not carry out his/her duties and immediately notify the company’s Managing Director of his/her decision and the reasons for it.

• The Managing Director on being advised of the employees decision in (a) above will support the action of that employee(s) and request the person who has the ownership, management or control of the work site concerned, to take all necessary steps to satisfactorily make the site safe to work on. In the absence of the work site being made safe, the employee shall leave the site and as soon as practicable, return to the company’s premises and submit a written report of the incident to the Managing Director of the company.

• In the event that following the submission of the employees report to the Managing Director, there is a dispute as to the appropriateness of the employees actions, the employee or the company may access their dispute resolution procedures of the company’s WHS policy or request the assistance of the Department of Administrative Services (Workplace Services) to resolve the matters in dispute.

• Any employee exercising their right, in accordance with the above will not be subject to any disciplinary action on the part of the company.
• The company will, in addition to any safety device issued to employees to assist them in carrying out their tasks in a safe manner, provide at a minimum, the following equipment to the undermentioned class of employees.

• Company Representative
– Ladders (As used by the MFS)
– Roof Racks (if necessary)
– Face Masks
– Safety Boots
– Work Overalls
– Safety Sun Glare Sun Glasses
– Sunscreen
– Hats

• Delivery Drivers
– Hard Hats
– Goggles
– Sun Glasses
– Riggers Gloves
– “Witches Hats”
– Safety Boots
– Slings to be checked for appropriate safety strain strength at least every 12months, from date of purchase
– Sunscreen
– Hats

The above mentioned WHS policies are not meant to be exhaustive and will be added to or amended over time.

In July of each year the Occupational Health and Safety Committee will meet to review the WHS policy and make such amendments it considers will enhance the safety and welfare of the company’s employees’ and visitors to the company’s premises.

Without derogating from any of the rights and responsibilities that employees and the company have under the Act, any other Act of Parliament or at common law, the procedure for settling disputes arising from the implementation of this policy is based on a process of consultation and consensus. The steps to be followed in this process are as follows

• Any safety at work concerns will be addressed in first instance to the Managing Director, preferably in writing.

• The Managing Director will respond in kind, to the concern within 7 days of it being raised with him. The response will give reasons as to what, if any action has been taken on the matters of concern raised and if no action is to be taken, the reasons for that decision.
• If the person who raised the issue is not satisfied with the reasons given in point (2) above, they are free to raise it with the WHSR &/ or with WHSC. If either of the aforementioned persons or body on reviewing the Managing Directors response also disagrees with the reasons given by the Managing Director, they can ask him to reconsider his decision within 7 days of being asked to do so.
• If no agreement can be reached under point(3) above, the employee(s) who originally raised the issue of concern, the WHSR, the WHSC or the Managing Director can seek to have the matter brought before the Australian Industrial Commission for determination.
• Whilst the above procedure is being followed, normal working arrangements will continue.

The company has a responsibility to enforce its WHS policy, as part of its duty of care to its employees.

The company seeks the cooperation of all its employees’ to ensure the agreed policy is complied with.

 The company will discuss with any employees(s) their reasons for not complying with the WHS policy. If the employee(s) concerned continues to refuse to abide by the policy they will be warned that disciplinary action may be instituted against them. The employee(s) has the right to seek the assistance of their union representative, agent and/or seek the involvement of the Australian Industrial Relations Commission to assist in resolving the matter.

The company nonetheless, reserves the right to act to protect the safety of its employees’ and visitors and may institute disciplinary action, including dismissal of employees’ who refuse reasonable and lawful directions to comply with the company’s WHS policy, or in the case of gross misconduct, summary dismissal.