Company Policies

Purpose
To provide the Management, Administration Staff, Tour Leaders and Support Crew and Passengers, with guidance for compliance with OH&S legislation and standards.

Policy Type
Occupational Health and Safety

Definitions
MANAGEMENT, ADMINISTRATION STAFF, TOUR LEADERS, SUPPORT CREW & PASSENGERS.

Policy Statement
This policy recognises that the health and safety of all Passengers, Support Crew, Administration Staff and Tour Leader within Ozmates Travel, The management of this service is the responsibility of Peter Negri. In fulfilling this responsibility, Peter has a duty to provide and maintain so far as is practicable a working environment that is safe and without risks to health and includes:

1. Providing and maintaining safe equipment and systems of work;
2. Making and monitoring arrangements for the safe use, handling and storage and transport of equipment and substances;
3. Maintaining the workplace in a safe and healthy condition;
4. Providing adequate facilities to protect the welfare of all Passengers, Support crew, Tour Leaders and Administration Staff enabling them to work in a safe and healthy manner Peter Negri, Ozmates is responsible for the implementation and monitoring of this policy.

The health and safety duties of all levels will be detailed, and company procedures for training and backup support should be followed. In fulfilling the objectives of this policy, Peter Negri is committed to regular consultation with Passenger, Tour Leaders, Support Crew and Administration Staff to ensure that the policy operates effectively, and that health and safety issues are regularly reviewed.

Duties

Recognising the difficulties and hazards that occur in the provision of services for persons with a disability, this company will take every practicable step to provide and maintain a safe and healthy work environment for Passengers, Tour Leader, Support Crew and Administration Staff.

Peter Negri

• Is responsible for the effective implementation of the health and safety policy;
• Must observe, implement and fulfil its responsibilities under the Acts and regulations which apply to our service and travel environment;
• Must ensure that the agreed procedures for regular consultation between Employees and those with designated and elected health and safety responsibilities are followed;
• Must make regular assessments of health and safety performance and resources in cooperation with those designated and elected health and safety functions;
• Must ensure that all specific policies operating within this organisation – fire and explosion, purchasing, dangerous goods, noise, training, first aid and systems of work – are periodically revised and consistent with the organisation’s health and safety objectives;
• Must provide information, training and supervision for all passenger, Tour Leader, Administration staff and Support Crew in the correct use of all equipment and substances used throughout the company; and
• Must be informed via the appropriate forms, of incidents and accidents occurring on any of the company’s premises/equipment or to any passenger, Tour Leader, Administration Staff or Support Crew so that health and safety performance can accurately be gauged.

Passengers, Tour Leaders, Administration Staff and Support Crew

• Have a duty to take care of those areas that they are capable of for their own health and safety and of others affected by their actions while travelling to and from and during an Ozmates Tour;
• Should comply with safety procedures and directions agreed between management, passengers, Tour leader, Administration staff and Support Crew with nominated or elected health and safety functions;
• Must not wilfully interfere with or misuse items or facilities provided in the interests of health, safety and welfare of the company’s passengers, Tour Leader, Administration Staff and Support Crew; and
• Must in accordance with the agreed organisational procedures for accident and incident reporting, report potential and actual hazards to their elected or nominated health and safety representative or management .
• Whilst at work, an employee must take reasonable care for his or her own health and safety and the Safety of anyone else who may be affected by his or her acts or omissions at the workplace; and
• Co-operate with his or her employer with respect to any action taken by the employer to comply with any requirements imposed by or under the OHS Act 2005.

This policy will be reviewed in conjunction with legislation and organisational changes. Management seeks cooperation from all Passengers, Tour Leader, Administration Staff and Support Crew in realising our health and safety objectives and creating a safe working environment. All Passengers, Tour Leaders, Administration Staff and Support crew will be advised, in writing of agreed OHS changes and arrangements for their implementation.

References:
Occupational Health and Safety Act 2004 – provides the legislative framework for OH&S in Victorian workplaces. Is available on the Victorian Legislation and Parliamentary Documents website at: http://www.legislation.vic.gov.au

Work Safe Victoria – website of the Victorian Work Cover Authority which Manages Victoria’s workplace safety system. It is at: http://www.worksafe.vic.gov.au

DUTY OF CARE & DIGNITY OF RISK

Purpose
Ozmates aims to ensure that Passengers do not suffer harm or loss either physically, financially, psychologically or sexually, due to any action, or inaction by Ozmates or its employees.

Policy

• Ozmates owes a duty to take responsible care for the safety and welfare of Passengers whilst involved in an Ozmates Holiday or are participating in Ozmates Activities. The duty is to take such measures as are reasonable in all the circumstances to protect passengers from risks of harm that reasonably ought to be foreseen. This requires not only protection from known hazards, but also protection from harm that could foreseeably arise and against which preventive measures can be taken.
• In discharging their duty of care responsibilities, Ozmates must exercise their professional judgement to achieve a balance between ensuring that passengers do not face an unreasonable risk of harm and encouraging passengers’ independence and maximising enjoyment opportunities.

Definitions

• Duty of care: Duty of care is a legal term, defined under common law as negligence. A duty of care is a duty to take reasonable care of a person. All people in society have the right to safety, protection and quality standards of care. As a paid support crew, Ozmates employees are employed in a professional capacity; therefore employees owe a duty of care to passengers while working with them. A duty of care is breached if an Ozmates employee behaves unreasonably or fails to act (which can also be unreasonable in a particular situation). A duty of care can be breeched either by action or inaction.
• Negligence: Negligence is when someone owes an individual a duty of care, has failed to act accordingly to a reasonable standard of care and this has caused the individual to suffer harm or loss.
• Dignity of risk: Dignity of risk is a term used to describe the right of individuals to choose to take some risk in engaging in life experiences. It is important not to overprotect passengers in a way that unnecessarily restricts opportunities to enjoy life and a balance, based on planning and commonsense. Balance and commonsense should be met to ensure duty of care and dignity of risk.
• Standard of care: The standard of care is the way in which Ozmates employees should act to make sure that they do not breech their duty of care. The things that need to be done to meet this standard of care are different in every situation, but there are a few guidelines which must always be followed. An Ozmates employee must act as a reasonable person. When determining what a reasonable person would do Ozmates crew need to consider: the risk of harm occurring; the possible seriousness of that harm; the difficulty of removing or reducing the risk; and, the usefulness of the activity. Procedures
• Providing appropriate support: Providing appropriate support is generally assured by Ozmates crew following the Ozmates Travel Policy and Procedures Manual and the Ozmates Induction Procedures Manual in conjunction with Passengers support profile. This is how a duty of care is fulfilled at Ozmates Travel.
• What is harm: At Ozmates Travel, failing to follow a Passenger’s support profile information and the manuals is a failure to take reasonable action to protect others from harm. Failing to report unreasonable actions of others when witnessed may also be a failure to take reasonable action. Actions of concern include, but are not limited to:
  • Behaviour, both physical and verbal, to any person that is:
    1. Bullying.
    2. Demeaning.
    3. Aggressive or assaultive.
  • Harm, to people being supported, may include but is not limited to:
    1. Failure to provide sufficient food or drink.
    2. Failure to provide sufficient warmth in winter or adequate protection from the sun in summer.
  • Restrictions and exclusions that are not part of an approved behaviour support plan, such as restricting access to:
    1. Common areas.
    2. Personal belongings.
    3. Activities.
    4. Food and drink unless documented as part of the person’s health management plan and under regular monitoring and review by the person’s doctor.
• Balancing rights and risk: Support Crew must consider the rights of the Passenger they support and should not restrict choices or actions unnecessarily. Crew are responsible for taking an active, imaginative and flexible approach to managing potential dangers. Crew should support Passengers to make decisions by offering information about options and risks. If a Passenger is denied access to an activity or subject to restriction based on the level of risk being unacceptable, the reason must be documented in the person’s profile information.
• Authorised restrictive interventions: Where Passengers are subject to authorised restrictive interventions or compulsory treatment plans, support Crew must follow the requirements of those plans to meet duty of care obligations. This information must be documented in an approved behaviour support plan that includes strategies to reduce the restrictions.
• Role of support Crew: Support Crew must take reasonable actions to minimise the risk of harm to passengers. Support Crew provide a duty of care by:
  • Following the policies, procedures and instructions of the Business.
  • Assessing the risks and benefits of each activity.
    1. This means that a determination is made about the risk level of an activity and that determination is documented.
  • Following the Profile information for each Passenger.
    1. Support is provided according to the Passenger’s individual needs and documentation, including behaviour support plans.
  • Treating all people with dignity and respect.
    1. As a principal, treat all people as adults who have the right to make choices about their life.
  • Implementing required health and safety strategies.
    1. This reduces the risk of harm to other Passengers, co-workers and yourself.
  • Acting on and reporting any issue of concern.
    1. An issue of concern is any action that may cause harm or create a risk of harm to others.
    2. Crew who become aware of any issue of concern must raise this as soon as possible with management.
    3. Use the incident reporting system as required.
  • Providing advice information to assist people to make an informed decision
    1. This means referring people to others when required to ensure advice and information is current, relevant and free from bias.

Relevant Legislation

• The Charter of Human Rights and Responsibilities Act 2006.
• Victorian Disability Act 2006

References

• Department of Human Services residential services practice manual 2009.
• Standards for disability services in Victoria 2007.
• Villamanta Disability Rights Legal Service Inc Duty of care and negligence information sheet 2007.

Complaints & Disputes

Ozmates ensure that Passengers, parents, carers and relevant others:

• Receive support when reporting a conflict or grievance.
• Are encouraged to raise any problems via our Conflict Resolution and Grievance process without fear of reprisal.
• Are listened to, treated with respect and have their conflict or grievance resolved within set time frames.
• Ozmates has developed a Conflict Resolution and Grievance Procedure that is written in plain English and:
• Lists the steps to take to resolve a conflict or grievance.
• Is available, upon request, in a medium suitable for the individual.
• Information is made available to Passengers (and families/ carers) on how to resolve conflict and grievance.
• Unresolved service conflicts and grievance may be referred to the Disability Services Commissioner.

Conflict Resolution & Grievance Procedure

Step 1: Tell Support Crew If this does not solve the problem...

Step 2: Talk to the Tour Leader or owner Peter Negri.

If this does not solve the problem...

Step 3: Get help to fill in the Conflict Resolution & Grievance Form


 

Step 4: You, your family, carer or advocate will get a written response from Ozmates within 21 days.