Are your overseas workers healthy and safe?
Australia’s economy thrives on a diverse workforce, with overseas workers playing a crucial role across various industries, including agriculture, construction, healthcare, and hospitality. But did you know that Pacific Islander Labour Mobility (PALM) scheme workers face a staggering sixfold increase in road fatalities in Australia?
Shared Safety and Risk recently conducted a client project to audit the onboarding and training of Philippino construction workers. Opening complex layers of recruitment and onboarding of these culturally and linguistically diverse (CALD) and migrant workers revealed specific risk factors that need keen consideration.
Data on injury rates and claims data for CALD and migrant workers is inconsistent given the various temporary and labour hire arrangements in this space however we know these workers face greater risks to their health and safety in the workplace due to
Being disproportionately represented, in high-risk industries and occupations
Language barriers hindering understanding of work health and safety rights and obligations
Language and literacy barriers to accessing safety information
Reluctance to speak up and ‘make waves’ due to multiple factors
Limited understanding of safe work practices
Inexperience in the job and/or at the individual workplace
Fear of authority due to cultural factors
Intersectionality risks of sexual and gender based harassment
Our audit revealed a key gap around the temporary skills shortage visa requirements to work in a specific role (i.e. structural steel erector vs broad ‘construction worker’). There is also a requirement under Migration Regulations (1994) 2.86 to ensure that sponsored workers only work in their specific role, sometimes a difficult thing to ensure in practice.
Understanding Legal Obligations
Employers hiring overseas workers must comply with both our immigration and WHS safety laws. Key requirements include:
Visa Compliance: Employers must ensure that overseas workers have the correct visa that permits them to work in Australia and that they work in that specific role only. .Breaching visa conditions can lead to penalties for both employers and employees.
Workplace Health and Safety (WHS) Laws: Australian WHS laws, regulated at the state and territory level, require employers to provide a safe and healthy work environment for all employees, regardless of their origin.
Language and Cultural Barriers
Language and cultural differences can present significant challenges to workplace health and safety. Consider how workers prefer to communicate (e.g. preferred languages, ability to understand written and spoken English), and consider cultural differences. Employers should:
Provide Multilingual Training: Offer safety training and information in the worker’s native language or use interpreters to ensure comprehension.
Use Visual Aids: Employ signs, diagrams, and videos to convey safety instructions effectively.
Promote Cultural Awareness: Foster an inclusive workplace culture that respects and accommodates diverse cultural norms and practices.
Orientation and Training Programs
Comprehensive orientation and ongoing training are essential to equip overseas workers with the knowledge they need to work safely. These programs should include:
Introduction to WHS Standards: Familiarise workers with Australian safety regulations, employer expectations and their rights and obligations.
Emergency Procedures: Train workers on evacuation protocols, first aid, and how to report incidents.
Job and Equipment-Specific Training: Provide tailored instruction on equipment usage (as they have likely been trained and verified on equipment in a different context), hazardous manual handling, psychosocial hazards and other industry-specific risks.
Mental Health and Wellbeing
Adjusting to a new country and workplace can be stressful for overseas workers, potentially impacting their mental health. Employers should:
Offer access to support services and employee assistance programs aligning with their culture.
Encourage open communication to address concerns.
Organise social and cultural initiatives activities to help workers integrate into the workplace and community.
Accommodation and Living Conditions
For industries like agriculture, construction and mining, where workers may live on-site or in employer-provided housing, ensuring safe and comfortable accommodation is crucial. Employers must:
Comply with local housing standards.
Provide clean, secure, and adequately equipped living spaces.
Regularly inspect accommodations for safety hazards and encourage workers to report any housing issues.
Reporting and Monitoring
Encourage all workers to raise issues as this will contribute to a culture of talking about safety. Overseas workers may come from cultures where there is a fear of speaking up and discouragement of reporting. Be clear to workers that there will be no punishment for speaking up about safety and encourage reporting of incidents and raising of issues through systems and via health and safety representatives.
Conclusion
The unique health and safety challenges of hiring CALD and migrant workers requires careful planning and proactive management. By adhering to legal obligations, having thorough recruitment, onboarding and training, and fostering a supportive environment, employers can ensure the wellbeing of their overseas workers while maintaining a productive and compliant workplace.
If you feel you need further advice, review, audit or risk management expertise in this space, please reach out to info@sharedsafetyandrisk.com.au
