Work Health and Safety Legislation: How Its Reach Extends Beyond Traditional Workplaces

In a recent case that highlights the unexpected reach of workplace health and safety legislation, the Australian Defence Force (ADF) was charged over a crocodile attack on two soldiers in 2021. The soldiers, who were conducting training exercises in far north Queensland, were attacked by a crocodile in waters they were required to navigate as part of their training. At first glance, it may seem surprising to think of this incident as a work-related safety issue. However, this case demonstrates that WHS (Work Health and Safety) laws extend far beyond conventional workplaces and can apply to a wide variety of environments and activities.

The Incident and Its Implications

The incident took place while the soldiers were participating in a training exercise near Cairns. During this exercise, they entered crocodile-infested waters, which led to one soldier suffering severe injuries and another soldier requiring medical attention. As part of the investigation into the incident, it was revealed that there may have been inadequate risk assessment and insufficient safety controls to protect the soldiers from known dangers in the area, such as crocodiles.

The regulator, Comcare, charged the ADF under the Work Health and Safety Act 2011 for failing to meet its duty of care. This case brings attention to the broad application of WHS legislation, illustrating that WHS obligations are not confined to traditional, controlled environments like offices, factories, or warehouses. Instead, they extend to any setting where work activities take place, including outdoor and high-risk environments, and even for roles as specialized as military training.

Why This Incident is Considered Work-Related

Work health and safety legislation in Australia mandates that employers, including government organisations and the military, must provide a safe working environment for their employees, regardless of where that work takes place. Here are some reasons why this incident falls under the jurisdiction of WHS law:

1. Duty of Care Applies Everywhere Work is Conducted:

   - Under WHS legislation, employers have a duty of care to protect employees wherever work occurs, including unconventional settings like natural and outdoor environments. Since this exercise was an ADF-mandated activity, it is considered part of the soldiers' work duties.

   - This duty of care means that organisations must assess risks, implement controls, and provide training to manage the hazards specific to any environment where employees operate.

2. Known Environmental Hazards:

   - The presence of crocodiles in certain parts of northern Australia is a well-known risk, particularly in water bodies. Employers working in these regions have an obligation to identify these hazards and implement measures to mitigate risks for workers.

   - In this case, the ADF’s alleged failure to adequately assess the risks associated with crocodile presence and inform or protect the soldiers in these circumstances constitutes a lapse in their WHS responsibilities.

3. Adequate Risk Assessments and Training:

   - For high-risk activities, including those in the military, WHS legislation requires that thorough risk assessments be conducted. If hazards are identified, adequate training and protective measures must be in place.

   - In this situation, if soldiers were instructed to enter crocodile-infested waters without sufficient warning, training, or protective strategies, the ADF may be held accountable for failing to meet WHS obligations.

 Lessons for Employers: Extending Safety Measures to All Work Environments

This case serves as a reminder to all employers and organisations about the far-reaching scope of WHS laws, which apply across all settings, including outdoor, remote, and high-risk environments. Here are some important takeaways for businesses and organisations:

1. Identify All Potential Hazards in Every Work Environment:

   - Regardless of whether work occurs indoors, outdoors, or in remote settings, organisations must assess risks specific to each environment. Hazards should be identified based on the physical, biological, and environmental risks that may impact workers.

2. Conduct Thorough Risk Assessments for Unconventional or Remote Locations:

   - Risk assessments must be comprehensive, accounting for all unique risks associated with non-traditional work settings, such as wildlife in natural environments, extreme weather, or difficult terrain.

   - In high-risk locations, assessments should be conducted by professionals familiar with the local hazards, and specific controls should be developed and tested before employees are deployed.

3. Develop Location-Specific Safety Protocols and Training:

   - Employees working in high-risk environments should be provided with safety protocols tailored to the location. In this case, soldiers working in crocodile-prone areas would benefit from training on local wildlife hazards, survival techniques, and awareness of safety precautions.

   - Organisations should ensure that all employees are briefed on local dangers and equipped with the tools and knowledge they need to manage risks.

4. Provide Necessary Equipment and Controls:

   - In environments where physical hazards are present, employers should provide suitable protective gear, safety equipment, and control measures. For example, using lookout posts, employing local guides, or providing protective gear can help mitigate the risk of wildlife encounters.

   - If entering a hazardous area is unavoidable, additional safety personnel and emergency response plans should be in place.

5. Review and Monitor Safety Procedures in Dynamic Environments:

   - Environments like those in military exercises are constantly changing, which means that risk assessments and safety procedures should be regularly reviewed and updated to reflect current conditions.

   - Employers should conduct continuous monitoring of high-risk activities and be prepared to modify safety protocols to address new risks.

The WHS charges brought against the Australian Defence Force in this case illustrate that workplace health and safety legislation applies to all work-related activities, regardless of the environment in which they occur. This incident underscores the importance of thorough risk assessment, environmental awareness, and the implementation of specific safety controls for high-risk locations. The reach of WHS legislation extends beyond traditional workspaces, and organisations must recognize their duty of care to employees in any environment where work duties are conducted.

By taking proactive measures to identify hazards, conduct location-specific risk assessments, and provide appropriate training and equipment, businesses and organisations can better protect their employees and ensure compliance with WHS regulations. This case serves as a valuable lesson in the scope and significance of WHS obligations in protecting workers across a broad range of settings and situations.