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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A duty to control hazardous manual handling
The OHS Act places health and safety duties on employers and others. Employers have a duty under the OHS Act to provide and maintain a working environment for employees that is safe and without risks to health. This duty includes identifying hazards and controlling risks from hazardous manual handling. As an employer, you must fulfil this duty so far as is reasonably practicable. Under the OHS Act, your employees can include independent contractors you have engaged and employees of the independent contractors.
When manual handling becomes hazardous
Manual handling is work in which a person has to lift, lower, push, pull, carry, move, hold or restrain something. Sex work may require manual handling.
Sometimes, manual handling can cause harm. When manual handling can cause harm, it is known as hazardous manual handling.
Manual handling becomes hazardous manual handling if it involves:
- high force, repeated force or ongoing force
- using sustained awkward postures
- repetitive movements
- exposure to constant vibration
- handling people or animals
- loads that are unstable, unbalanced or hard to hold
Injuries from hazardous manual handling
Hazardous manual handling can cause injury, illness or disease. The injuries, illnesses and diseases from hazardous manual handling are called musculoskeletal disorders. They're also known as MSDs.
Types of MSD
MSDs include:
- sprains and strains
- back injuries
- joint and bone injuries, including injuries to the shoulders, elbows, wrists, hips, knees, ankles, hands and feet
- nerve injuries or compression
- soft-tissue injuries
- hernias
- chronic pain
Parts of the body that MSDs affect
MSDs in sex work can involve different parts of the body, including:
- back
- hands, wrists, arms and shoulders
- neck
- jaw
- legs, hips, knees and feet
Main sources of MSD risks
The main sources of MSD risks are:
- workplace layout
- workplace environment
- the way work is done, or systems of work
- the items used in the hazardous manual handling, for example, tools and equipment
- Environmental factors
Environmental factors can increase the risk of MSDs. Environmental factors include, for example:
- heat and cold
- wind and rain
- humidity
- lighting
- vibration
- obstructions
- slippery, uneven surfaces
- Psychosocial factors
Psychosocial hazards can also increase the risk of MSDs. Psychosocial hazards are factors in the design or management of work that can lead to psychological or physical harm. They include, for example:
- work demands, including workload and the pace of work
- low levels of control over work
- poor levels of resourcing
- poor environmental conditions
- remote or isolated work
- poor levels of support by management, supervisors and colleagues
Examples of hazardous manual handling
Following are examples of hazardous manual handling in sex work.
- Using sustained awkward postures while:
- sitting at a cramped reception desk
- providing services
- Repetitive movements, such as those involved with:
- providing in-person services
- online work requiring repetitive performances
- performing stage routines
- texting clients for long periods
- Exposure to constant vibration, such as when driving for long periods on uneven roads to attend an outcall.
- Handling loads that are unstable, unbalanced or hard to hold, such as when:
- carrying a bundle of towels on stairs while wearing heels
- operating large props on stage
- Using tools and equipment to provide services.
- Moving furniture, such as beds.
- Transporting, rigging, operating, installing or removing equipment.
MSD does not include an injury caused by crushing, entrapment or cutting that is primarily from the mechanical operation of plant. Plant includes:
- any machinery, equipment, appliance, implement and tool
- any part of any of those things
- anything fitted, connected or related to any of those things
Regulations cover hazardous manual handling
The Occupational Health and Safety Regulations 2017 are a set of laws. Known as the OHS Regulations, they build on the OHS Act. They set out how to fulfil duties, obligations and processes that support the OHS Act.
The OHS Regulations require employers to identify hazardous manual handling at work. As an employer, you must do this so far as reasonably practicable.
You have to take action if you identify hazardous manual handling at work. You must eliminate the risk of MSD if it is reasonably practicable to do so.
You might not be able to eliminate the risk of MSD. In this case, you have to reduce the risk so far as reasonably practicable.
Reasonably practicable
'Reasonably practicable' is a legal concept. It is also a requirement under some parts of the OHS Act and OHS Regulations. Simply, it means doing what a reasonable person in the same position would do. More information about reasonably practicable is available on the WorkSafe website.
How to find and fix hazardous manual handling
A hazard is something that can cause harm. A risk is the chance of a hazard causing harm. Harm includes injury, illness or death.
There is a wide range of hazardous manual handling hazards in sex work. They range from holding an awkward position for extended periods and repetitive movements to lifting, carrying or moving heavy objects or people.
The following steps may help you manage the risks from hazardous manual handling:
Consultation between employers and employees can result in a safer workplace. It's an important part of risk management.
Consultation involves:
- sharing information
- giving employees a reasonable opportunity to express their views
- taking their views into account
In certain situations, employers have a duty to consult employees, independent contractors and the employees of independent contractors. There are also consultation obligations between employers and labour hire providers who share occupational health and safety duties to labour hire workers.
Employees may have health and safety representatives, also known as HSRs. In this case, consultation must involve HSRs. Consultation with HSRs can happen with or without employees’ being directly involved. If it is reasonably practicable to do so, you must give information to HSRs before you give it to employees. You must give the information to HSRs a reasonable time before you give it to employees.
Health and safety representation in sex work
You must consult with any HSRs, employees and independent contractors when:
- identifying, or finding, hazards
- assessing risks associated with hazardous manual handling
- deciding how to control hazardous manual handling
- making decisions about the adequacy of facilities
- proposing changes that may affect the health and safety of employees in relation to the workplace, the things used or the conduct of work
WorkSafe has guidance to help with consultation.
To control risks from hazardous manual handling, you first have to identify the hazards.
Examine your workplace and the work taking place. Find all the work that involves hazardous manual handling.
Reviewing workplace information can help you identify hazardous manual handling. For example, look at injury reports, investigations of past incidents and inspection reports.
Consider the movements and postures employees use at work. Take into account clients who may have mobility issues. Employees working with clients who have mobility issues may be at risk from MSDs such as strains to the back, neck and shoulders when:
- bending
- twisting
- lifting
- pushing
- pulling
- exerting high or unexpected forces
As well, consider whether the equipment used is suitable for tasks. Does it work properly? Is it hard to use or move? Is it readily available for use?
Look at all work activities on their own and together. Decide whether the activities create a risk of hazardous manual handling. It may help to look at work in stages, from start to finish.
WorkSafe has guidance to help you find hazardous manual handling hazards. See part 2 of the Compliance code: Hazardous manual handling.
You've found the hazards and identified the risks of hazardous manual handling. The next step is to assess any risk of MSD associated with hazardous manual handling. This involves working out how likely it is that the hazardous manual handling can cause an MSD. Consider the factors including:
- Does the work involve sustained awkward postures?
- Does the work involve repetitive movements?
- Does the work involve sustained or high forces?
- Is the work undertaken for a long duration?
- Are environmental conditions such as heat, cold or vibration increasing the risk?
- What are the sources of risk?
- Can hazards combine to create a risk or increase the level of risk?
Forces, postures, movements and vibration can affect each other. They can increase the risk of injury. Also, doing the work for a long period of time might increase the risk. Environmental and psychosocial factors can also increase the risk of MSDs. Take all these factors into account when assessing risks.
A formal risk assessment can help assess the risks from hazards at work.
WorkSafe has guidance to help you assess the risks of hazardous manual handling. See part 3 of the Compliance code: Hazardous manual handling.
As an employer, you have a duty to control any risk of MSD. You must do this so far as reasonably practicable.
Hierarchy of control
The ways of controlling risk are ranked from the highest level of protection and reliability to the lowest. This ranking is known as the hierarchy of control. The hierarchy of control is a step-by-step approach to eliminating or reducing risks. To control a risk, consider and apply the highest level of control. Do this so far as is reasonably practicable. Then consider the next level of control and apply it. Again, do this so far as is reasonably practicable.
Work your way down the hierarchy of control. Keep going until the risk of MSD is eliminated or reduced so far as is reasonably practicable.
The following example shows how you might use the hierarchy of control:
- Level 1. Eliminate the risk completely. Always try to remove the action that can cause the injury. Do this so far as is reasonably practicable.
- Level 2. If it is not reasonably practicable to eliminate the risk, then you must reduce the risk. Again, you must do this so far as is reasonably practicable. You can reduce the risk by:
- changing the workplace layout
- changing the workplace environment
- changing systems of work that involve hazardous manual handling
- changing things used in hazardous manual handling
- using mechanical aids
- combining any of the previous control measures
- Level 3. If a risk of MSD from hazardous manual handling still remains, you must reduce the risk so far as is reasonably practicable by giving employees information, instruction or training.
Reducing the risk may involve a single control measure. Or it may involve a combination of different controls that work together. Your controls have to provide the highest level of reasonably practicable protection.
What to consider when controlling MSD risks
When deciding on the best way to control the risk of MSD, employers must consider matters including:
- postures, movements and forces
- environmental conditions, including heat, cold and vibration, that directly affect the person doing the hazardous manual handling
- the duration and frequency of the hazardous manual handling
Remember, when deciding how to control risks you must consult:
- employees
- any HSRs
- independent contractors
- labour hire providers where there are duties relating to labour hire workers
You must consult with them so far as is reasonably practicable.
When considering risk controls, make sure the risk controls do not create other risks.
As an employer you have a duty to monitor the health of employees and to monitor conditions at workplaces you manage and control. Regular monitoring can help you control the risks of MSDs from hazardous manual handling.
WorkSafe has guidance to help you control risks from hazardous manual handling. See part 4 of the Compliance code: Hazardous manual handling.
Review your risk controls to make sure they work properly. There are situations when you must review and, if needed, change risk controls. Those situations include, for example:
- before changes to any thing, process or system of work involving hazardous manual handling
- new information about hazardous manual handling becomes available to you
- an MSD is reported
- if the risk control measures aren’t adequately controlling the risks
- an HSR requests a review
You must also review your risk controls if a notifiable incident occurs. A notifiable incident is one that requires you to notify WorkSafe. Find information about notifiable incidents on the WorkSafe website.
Report an incident: Criteria for notifiable incidents
The following steps may help you to review your risk controls. Make sure you consult with employees and any HSRs throughout the process.
List your risk control measures
- Create a list of the risk controls you have in place.
- Consider all the elements of each control. For example, the type of equipment used, access to the equipment and the equipment’s availability.
- Consider whether any risk of an MSD remains. Can someone still be hurt?
- If MSDs have been reported, what did not work or go to plan? Why? When? How? What were the circumstances?
- Consider what systems are in place to ensure risk controls work and are reliable. Are the systems working? Is anything stopping them from working as planned?
Review your risk control measures against current information
Review your risk control measures against the current state of knowledge. This includes information about the most effective measures available to control risks. Include employees and any HSRs in the review.
Consider all known sources of information about hazardous manual handling. Sources include, for example:
- the OHS Act and OHS Regulations
- material published by health and safety regulators
- relevant scientific and technical information
- occupational health and safety professionals
- findings, advice and views from consultation with employees and any HSRs
- incident reports
Review risk controls against the hierarchy of controls
Review existing and new risk controls to work out what is most effective. Use the hierarchy of control.
When revising risk controls, ask the following questions:
- Do proposed risk control measures eliminate the hazard or risk at the source?
- Do they provide the highest level of protection?
- Are there any unintended consequences?
- Would tests or mock-ups be useful?
WorkSafe has guidance to help you review your hazardous manual handling risk controls. See part 5 of the Compliance code: Hazardous manual handling.
You have a duty to provide employees with necessary information, instruction, training or supervision. This includes information, instruction, training or supervision for risk controls. Set deadlines to provide information, instruction and training and to have the new risk controls in place. Once information, instruction and training are provided, put your revised risk control measures in place. You must provide supervision where supervision is necessary to enable people to work safely. Use short-term risk controls if permanent solutions are taking time to introduce. Once new risk controls are in place, ensure they are working properly. Make sure they provide the highest level of protection in accordance with the hierarchy of control.
Like all risk management, managing the risks of hazardous manual handling is ongoing. It is a continuous cycle.
WorkSafe has detailed guidance on controlling risks from hazardous manual handling. For more information or help with hazardous manual handling, contact WorkSafe's advisory service. Also consult the Compliance code: Hazardous manual handling.
WorkSafe Advisory Service
WorkSafe's advisory service is available between 7:30am and 6:30pm Monday to Friday. If you need more support, you can also contact WorkSafe using the Translating and Interpreting Service (TIS National) or the National Relay Service.
