People Matters - Playing your cards right – what you need to know when your employees are doing dangerous work!

Work health and safety (WHS) laws in Australia impose strict requirements on certain types of hazardous work. Central to this framework is the high-risk work licence system, which ensures that only appropriately trained and competent individuals perform particularly dangerous tasks. 

A person conducting a business or undertaking (PCBU) which is you as an employer - has a primary duty to ensure the health and safety of workers while they are at work. It’s important that all PCBUs comply with licensing requirements as breaches can result in increased workplace incidents and injuries; insurance and liability exposure; and substantial penalties and prosecution.

There are multiple classes of licences, more commonly known as ‘cards’ that correspond to specific types of high-risk work but there are some limited circumstances where a person may not necessarily require a licence. The bottom line is - if a particular license or card if required and no valid licence or card exists; this is in breach of WHS laws. 

Each state and territory has its own regulations when it comes to issuing licences or cards. This means if workers move between jurisdictions, they will need to reconfirm licencing requirements. 

To ensure compliance with licensing requirements, we recommend employers do the following:

1.    Conduct an audit of all high-risk roles within the business 
2.    Match licence to task: Confirm the licence class aligns with the specific work being undertaken 
3.    Verify licences: Ensure all workers performing high risk work hold a current and appropriate licence 
4.    Implement a licence register and tracking system 
5.    Monitor expiry dates: Prevent workers from operating with expired licences 
6.    Review contractor compliance processes 
7.    Ensure policies clearly outline licence requirements and responsibilities 
8.    Provide supervision and training: Particularly for workers undertaking training or new tasks 
9.    Maintain safe systems of work: Licensing does not replace broader WHS obligations.

Workers must ensure they only perform the work they are licensed to do, comply with the license agreements and notify the regulator and employer if there are any changes (i.e. address updates, license expires etc).

Failure to meet these obligations can expose both workers and businesses to significant safety risks and legal consequences.

Need help? 

If you have any further questions or need any help you can contact us by emailing hr@hrcentral.support, or by giving us a call at 1300 717 721 and one of our experienced HR team will be happy to assist you.

HR Central at the FTMA Conference 

What a fabulous conference - so well organised by FTMA! It was a pleasure to meet so many delegates and learn more about your businesses! We encourage all members to use the advisory service provided to you, for any HR question or concern you may have, and login in to the FTMA portal for access to your compliance documents.