Health and safety representation in sex work
Translated in 4 languages.
The Occupational Health and Safety Act 2004 is a law that helps keep workplaces safe. It's known as the OHS Act. The OHS Act places responsibilities on various people. They include employers, people who manage or control a workplace, self-employed people and employees. You will have different OHS Act responsibilities depending on your role. Find out about your role and workplace responsibilities.
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Workplace facilities are the equipment and services provided at work for employees' welfare. Workplace facilities include, for example:
The OHS Act requires employers to provide adequate facilities for the welfare of employees. Employers must do this at any workplace under their management and control. The duty to provide facilities is one of the main duties employers have to employees. As an employer, you must fulfil this duty so far as is reasonably practicable. In other words, you have to do everything a reasonable person would do to provide adequate facilities for your employees.
Under the OHS Act, your employees can include independent contractors you have engaged and employees of the independent contractors.
As an employer, you must also ensure appropriate systems of work are in place. Appropriate systems help ensure the working environment is safe and without risks to health. This could mean, for example, that:
You must consult with your employees and contractors to ensure facilities are adequate for their health and safety. You must also consult with independent contractors and their employees. There are also consultation obligations between employers and labour hire providers who share occupational health and safety duties to labour hire workers. Consulting with employees and contractors helps you assess their needs. Employees may have health and safety representatives, also known as HSRs. Consultation must involve any HSRs, with or without employees' direct involvement.
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Deciding what facilities are adequate for your workplace requires close assessment. You have to assess the workplace, your employees and their needs.
For example, does work take place in a building, such as a sex work premises? Or does the work take place away from the main workplace, such as with an escort agency? How many people work at the workplace? Are there enough toilets? Are there change rooms and storage facilities? Are there people with special needs? Is there adequate cleaning equipment? Are there appropriate facilities for cleaning spills and disposing of waste? Is the workplace noisy? Is it too warm or too cold? Too dark?
These are just some of the questions to consider when assessing your workplace. Ensure you consult with employees and any HSRs when doing your assessment.
There are various issues to consider when working out what facilities employees need. Issues to consider include:
You must provide facilities. As well, you should also regularly review whether your facilities are adequate for employees and contractors.
Review your facilities when:
Reviews should take place regularly, at least every 12 months.
Reviews of your facilities will help ensure they continue to meet employees' and contractors' needs. You have to consult with employees, contractors and HSRs when reviewing your workplace's facilities.
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The following guidelines may help ensure your workplace has adequate facilities.
Employees, contractors, clients and others have to be able to enter and leave the workplace safely. Control hazards and risks at entries and exits, so far as reasonably practicable. Ensure your controls take into account people who may have disabilities or extra needs. Entries and exits have to be slip-resistant and well lit. Ensure the car park is well lit. Employees and others should be able to move about easily, without risks to their health and safety.
Ensure the location of doors is clearly marked. Ensure signs show the direction to exit doors for emergency evacuation. Emergency exits in buildings have to comply with the National Construction Code.
Australia's primary set of technical design and construction provisions for buildings.
Employees and contractors should have access to clean drinking water at all times. Drinking enough fluids is essential for normal body function.
Employees and contractors may work at different locations or travel between locations. In this case, you may need to provide bottled drinking water or refillable drink bottles.
WorkSafe has more guidance about drinking water. See the compliance code Workplace Facilities and the Working Environment.
Employees and contractors need access to clean and hygienic toilets at all times while at work. Ensure toilets are accessible. Preferably, toilets will be inside a building. If not, ensure they are as close as possible to the workplace. In multi-storey buildings there should be toilets on at least every second storey. Your employees might work in short-term temporary workplaces. They might also work at workplaces in remote areas. In these cases, consider whether temporary toilets are reasonably practicable. Ensure the toilets are in a secure place with safe access.
Where possible, keep toilets for employees separate from toilets for clients and others.
Toilets have to meet authorised or approved design standards. They must meet the needs of a person with a disability.
Ensure toilets are:
Toilets provided by employers require:
WorkSafe has more guidance about toilets. See the compliance code Workplace Facilities and the Working Environment.
Employees and contractors need access to handwashing facilities for personal hygiene. They should be able to wash their hands as needed.
Ensure handwashing facilities:
Provide mirrors near handwashing facilities.
See the compliance code Workplace Facilities and the Working Environment for more guidance.
Ensure you provide first aid facilities at the workplace, including first aid kits, appropriate personal protective equipment (PPE) for administering first aid and first aid procedures. Include facilities for the safe disposal of sharps.
When working out your first aid requirements you need to:
Consult with employees, contractors and any HSRs when working out first aid arrangements.
The WorkSafe website has information to help you provide appropriate first aid facilities.
Your employees and contractors may need to change clothing or other apparel. If so, they will need access to changing areas.
Provide employees and contractors with access to dedicated private changing rooms. Ensure changing rooms allow a clear space of at least 0.5 m2 for each employee. This space should not include other facilities such as lockers.
Consider the genders of your employees. Consult with your employees and contractors and any HSRs when working out how many changing rooms you need. You may need female, male and all-gender changing rooms.
Ensure the temperature of changing rooms is comfortable for employees as they change. Extra heating or cooling may be necessary.
Changing rooms should have:
Sex workers and others may need secure storage for personal property. Consider providing storage facilities that let employees safely and securely store personal items.
Changing and storage areas for employees need to be separate from those for clients.
WorkSafe has more guidance on change rooms and facilities. See the compliance code Workplace Facilities and the Working Environment.
Where possible, provide facilities for rest breaks. Sex workers might rest at the workplace between jobs. In this case, you should provide a rest room, so far as is reasonably practicable. The room should be separate from the workspace. It should have adequate facilities and should be in a sound and clean condition.
Sex workers need access to showers. Where there are showers for employees and clients, the showers for employees should be separate.
Ensure your shower facilities provide privacy for users.
Ensure showers are in good working order and meet building standards.
Each shower should have clean hot and cold water and its own soap or other cleaning product. You should also provide drying facilities, such as clean towels.
You should provide portable showers for employees working in remote or temporary locations. Ensure portable showers meet required standards. This includes requirements for accessibility and gender needs.
Clean showers after each use and repair or replace damaged surfaces. Inspect showers regularly and ensure regular maintenance takes place.
WorkSafe has more guidance about requirements for showers. See the compliance code Workplace Facilities and the Working Environment.
Providing adequate facilities for your employees' welfare includes maintaining and cleaning the facilities at your workplace. Ensure your workplace and its facilities are:
Make sure your housekeeping practices address spills, waste and other hazards. Ensure all employees and contractors are trained in effective cleaning and infection control. Have clear guidelines about who is responsible for cleaning up potentially infectious waste. Include guidelines about when cleaning needs to be done and who can give advice if help is needed.
Provide proper cleaning equipment for sex workers who also do cleaning work at the workplace. Proper cleaning equipment includes personal protective equipment, also known as PPE.
Workplaces and facilities require regular cleaning, usually daily. However, they may need cleaning more than once a day. Take into account the requirements for cleaning high-use facilities. These include, for example:
High-use facilities may need more frequent cleaning than other facilities. Take into account work shifts, the type of work performed and the number of employees when determining how frequently cleaning should occur.
Consider your options for general workplace cleaning. You could, for example, engage external contract cleaners.
Clean regularly with detergents and hospital-grade disinfectants. This will help control mould, fungus and other biohazards.
Supply waste containers where they are needed. Regularly replace consumable items such as soap and toilet paper.
Ensure you have safe disposal units for sharps.
Waste from sex work premises may be defined as clinical and related waste. This includes sharps, such as syringes and needles.
It is illegal to dispose of clinical and related waste into general waste. The Environment Protection Authority Victoria issues guidelines for waste disposal. The guidelines may help you correctly dispose of waste from sex work.
IWRG612.1: Clinical and related waste – operational guidance
Sex work premises should be clean and hygienic. They should be appropriately maintained and serviced at all times. Promptly repair broken equipment and fittings. Maintain equipment and furniture in good order and replace as needed.
An appropriate cleaning and maintenance program includes keeping records. This includes records of cleaning, waste disposal and pest control. You should keep records of cleaning and maintenance.
Soiled linen can be a source of infection and pests. Provide clean linen or bed covers and clean towels for employees. Change all linen immediately after each use. This includes towels.
Take the following precautions to control risks from soiled linen:
Spa pools and spa baths need careful maintenance, frequent cleaning and disinfection. This is because they provide ideal conditions for the growth of Legionella bacteria. Legionella bacteria can cause Legionnaire's disease. Legionnaire's disease is a form of lung inflammation called pneumonia. Legionnaire's disease is uncommon but can be severe and life threatening.
Spa jets create fine drops of water in the air. People can catch Legionnaires' disease by breathing in droplets containing the Legionella bacteria.
Controlling the growth of Legionella bacteria can reduce the risk of Legionnaire's disease.
To reduce the risk of Legionnaire's disease from spa pools, keep spa pool water in a clean, safe and healthy condition. This requires:
To reduce the risk from spa baths and ensure hygienic operation, make sure baths are:
More information about Legionnaires' disease is available from the Department of Health.
Legionnaires' disease.
There are OHS obligations where a spa pool operates at a workplace. There may also be obligations under other legislation. As an employer, you should be aware of these obligations. For example, you must comply with public health and wellbeing legislation. You must also register spa pools with the relevant municipal council.
Body fluids such as blood, vomit, urine, faeces, saliva, vaginal fluids and semen may contain infectious organisms. Ensure you have a system in place for dealing with body fluid spills. Ensure all employees and contractors are aware of and understand the system. Include the system in your induction, training and education programs.
Cleaning up body fluids requires special care to avoid viruses such as hepatitis A, B or C, HIV and others.
Immediately clean up body fluid spills. Treat all waste products as if they are contaminated. Ensure employee who clean up body fluids always wear gloves and other appropriate PPE.
Provide cleaning equipment. This includes a mop, cleaning bucket, detergents, disinfectants and disposable paper towels. Ensure all employees know where the cleaning equipment is stored.
You should also provide a disposable spills kit. A spills kit is a plastic container with a fitted lid. It should contain:
Replace single-use items in the spills kit immediately after each use.
Take the following precautions when cleaning up body fluids:
Follow these procedures when cleaning up body fluids:
Where possible, do not have carpets, curtains and soft furnishings in areas where body fluid spills could occur. This will not be practicable in some premises, such as home settings. In this case, have contaminated furnishings professionally cleaned and laundered or replaced. Washable covers are an option.
The Department of Health has more guidance to help manage spills of blood and body fluids and substances.
Infection control guidelines.
You should provide employees and contractors with the space they need to provide their services. They have to be able to work and move without the risk of strain or injury, so far as reasonably practicable. When working out the size of work areas for employees, take into account:
Consider the size of the workspace when determining what hazards might be present. You may need to increase the workspace to reduce the effect of environmental factors. Environmental factors include, for example, noise, temperature and humidity, air quality, cramped workspace and hazardous manual handling.
Sex workers sometimes use adjustable and portable massage or treatment tables.
Most adjustable treatment tables have scissor-type linkages and some type of locking mechanism. The linkages can create trapping, crush and shear points. Serious injury and even death can occur if treatment tables are not used correctly. Injuries are most likely when lowering the treatment table or if it collapses suddenly.
You must assess and control risks from treatment tables. Controlling risks involves a series of steps. The steps are:
Employers must consult with employees and contractors when considering how to control risks. Consultation continues through every step of the risk management process.
WorkSafe has more information on risk management in sex work.
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People who use treatment tables require training in their use. Training should include instruction on:
Check around and under treatment tables before adjusting them. Also consider how a client’s size and weight may affect the table's stability.
Ensure the treatment table is secure and sits level on the floor. Keep any wheels locked at all times, except when transporting the table. Avoid unnecessary movement of the treatment table. Tables can be heavy and awkward to carry. Select tables that have inbuilt wheels, or use a suitable luggage carrier with wheels when transporting.
Ensure moving parts of treatment tables cannot be accidentally accessed by any person or any part of a person. Ensure locks and adjustment devices cannot be accidentally released.
Ensure regular inspection and maintenance of treatment tables. Check for loose screws, hinges and latches and signs of metal fatigue. Listen for creaks and squeaks. Ensure a qualified person maintains and repairs treatment tables.
Sex work premises need appropriate ventilation to maintain good air quality. Australian Standards can help ensure you have good air quality in your premises. See AS 1668.2 2012 The Use of Ventilation and Airconditioning in Buildings, Part 2: Mechanical Ventilation in Buildings.
Standards Australia is a non-governmental, not-for-profit standards organisation.
AS 1668.2 recommends workplaces should have an average ventilation rate greater than 10 litres of fresh air per second per person. Ventilation systems should ensure 4 to 6 air changes throughout the workplace each hour.
There are different types of ventilation for workplaces inside buildings. They include:
Natural ventilation forces air movement through and around an occupied space. By opening windows and leaving hallway and corridor doors open, you allow fresh air into a room. The fresh air helps dilute indoor air. It also helps remove particles suspended in the air.
Mechanical ventilation replaces or dilutes indoor air with air from outside. Examples include heating, ventilation and air conditioning systems or air conditioning units. They filter air to maintain air quality.
There are steps you can take to improve the effectiveness of mechanical ventilation:
Mechanical ventilation or air conditioning has to meet set standards. It has to comply with Australian Standard AS 1668.2.
Standards Australia is a non-governmental, not-for-profit standards organisation.
Augmented ventilation uses portable air filtration units to improve air quality. The units catch airborne particles in a filter. They reduce the concentration of particles in the air. They also help increase the delivery of clean air.
The State Government has detailed guidance on ventilation in the workplace. The guidance includes self-assessment guides for different workplaces.
Improving ventilation to stop the spread of COVID-19.
Uncontrolled workplace temperatures can be a risk to employees' health and safety. Workplaces that are too hot or too cold can contribute to:
The risks to employees' health increase as conditions move away from those accepted as comfortable.
Thermal comfort describes somebody's view of whether they feel too hot or too cold. A person may feel too hot or too cold in a workplace. However, the conditions may not be extreme enough for the person to suffer illness or injury.
Environmental and personal factors affect an individual’s feeling of thermal comfort. Such factors include humidity, air temperature, air movement, clothing and physical activity.
As an employer, you should maintain a comfortable workplace environment for employees. Consult with employees and any HSRs to work out the most comfortable temperature.
Maintaining a comfortable temperature for employees will depend on different factors. They include the environment and level of activity. Consider the following:
Ensure regular servicing of all heating and cooling facilities. Maintain equipment in line with the relevant legislation.
WorkSafe has more guidance about heating, cooling, ventilation, air quality and air conditioning. See the compliance code Workplace Facilities and the Working Environment.
As an employer, you have to provide lighting appropriate to the nature of your employees' work. Lighting can be from natural or artificial sources.
The lighting in your workplace has to allow employees and others to move about easily. It has to allow employees to work effectively, without adopting awkward postures or straining their eyes.
Workrooms may require low lighting for effect but other areas need good lighting. Areas that need to be well lit include stairs, passages, entrances, exits and common areas. An Australian-New Zealand Standard explains the illuminance required for different work. See AS/NZS 1680.1 Interior and Workplace Lighting, Part 1: General Principles and Recommendations. WorkSafe also has guidance about lighting and lighting standards. It is in the compliance code Workplace Facilities and the Working Environment.
Standards Australia is a non-governmental, not-for-profit standards organisation.
Each work area should have a flexible 100-watt lamp. The lamp helps sex workers examine clients for signs of sexually transmitted infections, or STIs. For outcalls, consider providing employees with a torch. If lighting is unsatisfactory, sex workers can use the torch to examine clients.
Factors to consider when providing lighting include:
Workplaces that are buildings have to comply with National Construction Code lighting specifications.
Australia's primary set of technical design and construction provisions for buildings.
You should have a separate dining room if 10 or more employees usually eat at the workplace at one time, where it is reasonably practicable to do so.
Ensure the dining room is:
Ensure dining facilities are easy to use and that food can be prepared and eaten in hygienic conditions. You should provide the following facilities in the dining area, where it is reasonably practicable to do so:
If employees rest at the workplace between jobs, you should provide them with a rest room. The room should be separate from the workplace. It should have adequate facilities and should be in a sound and clean condition.
See the compliance code Workplace Facilities and the Working Environment for more guidance.
Some employees may need to work away from the employer’s primary workplace, such as with escort work.
In this case, you may have to consider employees having access to clients' facilities, such as toilets.
Provide employees with information about public or clients’ facilities. Ensure the information includes clear directions.
Employees working in regional and remote areas might use employer-provided accommodation. Consider hazards associated with the use of separate accommodation. Also, consider how best to control associated risks. Facilities should meet the following standards:
Duress alarms provide a way for employees to raise an alarm when they need immediate help. Employees can use duress alarms whenever there is a risk to their safety. You should provide duress alarms that employees can easily access and use in an emergency. You should also ensure there is a procedure for using and responding to alarms. Train employees in the procedure. Regularly test duress alarms and alarm responses, at least every 12 months.
Your workplace should have a fire protection procedure. The procedure may range from a simple evacuation plan to a detailed response process.
Every employee should be aware of the hazards that may contribute to a fire. Ensure all employees are aware of and understand emergency evacuation procedures.
Ensure employees regularly practise an emergency exit from the workplace. Australian Standards recommend an emergency evacuation drill at least once every 12 months. See AS 3745-2010 Planning for Emergencies in Facilities.
Standards Australia is a non-governmental, not-for-profit standards organisation.
It is illegal for unlicensed and unqualified people to do gasfitting or electrical work. You must engage qualified and licensed electrical workers and gasfitters to work on your premises. See the Energy Safe Victoria website for information about gas and electrical safety.
Victoria's energy safety regulator, responsible for electricity, gas and pipelines safety.
WorkSafe Advisory is available between 8:00 am and 5:30 pm, Monday to Friday.
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