Author: Teamwsib

With the COVID-19 restrictions beginning to ease across the country, comes the introduction of a number of new rules and regulations particularly with regards to the re-opening of clubs and pubs.

The key goal of these new regulations is to keep your employees and your customers safe and to minimise their risk while on your premises.

The NSW government have prepared a document which should be completed in consultation with your workers. Once it has been completed, then share it with them. This will help slow the spread of COVID-19 and reassure your customers that they can safely visit your business. You may need to update the plan in the future, as restrictions or advice changes.

It is also important that all clubs, pubs and other hospitality businesses follow the current COVID-19 Public Health Orders, and also manage risks to staff and other people in accordance with Work Health and Safety laws.

If you have any questions on how to help minimise your risk as your business reopens and restrictions continue to ease, please reach out to your account manager or the office on (02) 9587 3500 or theteam@wsib.com.au.

Legislation Amendment

A new section (19B) has been inserted in the Workers Compensation Act (1987) that now creates an automatic entitlement to compensation should a worker in prescribed employment contract Novel Coronavirus (COVID-19).

The claim liability process is to be treated similar to other claims arising of a gradual nature (disease claims) where employment is considered the main and substantial contributing factor to contraction  of the disease.

Prescribed employment is considered to be:

(a)   the retail industry (other than businesses providing only on-line retail),

(b)  the health care sector, including ambulance officers and public health employees,

(c)   disability and aged care facilities,

(d)  educational institutions, including pre-schools, schools and tertiary institutions

(other than establishments providing only on-line teaching services),

(e)   police and emergency services (including fire brigades and rural fire services),

(f)   refuges, halfway houses and homeless shelters,

(g)  passenger transport services,

(h)  libraries,

(i)   courts and tribunals,

(j)   correctional centres and detention centres,

(k)    restaurants, clubs and hotels,

(l)   the construction industry,

(m) places of public entertainment or instruction (including cinemas, museums, galleries, cultural institutions and casinos),

(n)  the cleaning industry,

(o)  any other type of employment prescribed by the regulations for the purposes of this definition.

The presumption of injury can be rebutted, and as is the case with all frank incident or disease claims, the responsibility is on the employer to establish that the disease was not contracted in the course of employment, or that employment was not the substantial or main contributing factor.

Any claim brought forward by a staff member will need to be reported to your WSIB Account Manager per usual process; at which point we will instruct the insurer to assess liability in accordance with the icare Decision Making Principles.

Work Health and Safety

Best Practice Policies and Principles exist which would assist a ‘Prescribed Employer’ in defending any claim brought forward by a member of staff.

Following the NSW Health ‘Industry Guidelines for COVID Safe Workplaces’  will assist employers in maintaining safe premises for staff, contractors and visitors. These guidelines include but not limited to :

– Excluding staff and visitors who are unwell;

– Displaying conditions of entry;

– Limiting entry and exit points to one part of the premises to ensure adherence to maximum capacity restrictions;

– Abiding by  social distancing requirements inside the premises (which would include carparks and extensions of the main building);

– Providing adequate resources to maximise hand hygiene;

– Record keeping of all visitors within the premises for a period of no less than 28 days.

Access to the full guidelines can be found here: https://www.nsw.gov.au/covid-19/industry-guidelines

It would also be appropriate to ensure all policies including but not limited to Business Continuity Policy, Infection Prevention & Control Policy, and Pandemic Response Policy is up to date with the appropriate legislation.

Other services exist within the current market which would also assist with providing peace of mind to staff, contractors and visitors. For example, Workplace Cleanliness Inspections and Certification involves an Occupational Hygienist undertaking workplace cleanliness inspections, and can provide an Australian Government recognised clearance certificate.

Finally, a review of the cleaning equipment and routine of cleaning staff or contractors would be appropriate to ensure the virus is not living within the employment premises.  Much of the best practice cleaning policy can also be found on the NSW Health Website (link above) and adopted within the place of employment to mitigate risk of COVID infection.

Claims and Premium

Should a Workers Compensation Claim be brought forward by a member of staff, it will be important the employer can demonstrate strict adherence to those Work Health & Safety principles above.

As is the case with all ‘disease claims’; the onus will be on the employer / policy holder to prove the disease or virus has not been contracted through the course of employment, or that employment is not considered the main or substantial contributory factor to onset of the disease / virus.

Should record keeping be maintained, all thorough cleaning schedules and inspection audits be appropriately conducted, and best practice WHS guidelines be strictly observed within the place of business; you will be able to put forward a solid defence for any Workers Compensation Claim be made.

It is important to note COVID related cases not only have the potential for Workers Compensation Claims; but reputational damage that is extremely hard and time consuming to repair. If not for the sake of defending a Workers Compensation Claim; adopting or investing in some of those best practice policies or services will assist  in mitigating or avoiding any potential reputational damage inflicted, should a worker or visitor suggest the disease was contracted within your place of employment.

The recent relaxation of restrictions imposed upon the Hospitality Industry (as an example) has been done so with the view of returning life back to normal in a safe and healthy manner. The NSW and Federal Government realise the COVID pandemic has had significant impacts on workers and business owners; and through these principles and relaxing of restrictions they are aiming to take one step closer to ‘normality’.

At the time of writing; the Insurance Regulator (SIRA) were still in talks with all insurers as to how best reduce any COVID related workers compensation claim impacting upon a business. The present consideration is that any COVID-19 claim accepted by a Workers Compensation Insurer is not to be included in the calculation of renewal and adjustment Workers Compensation Premium. This provides some comfort and peace of mind that re-opening business doors may not have adverse affects insofar as a COVID-19 Workers Compensation Claim. It is important to note this stance is subject to change and it is recommended you continue to work closely with your WSIB Account Manager on their interpretation of premium impact.

If you have any questions on this information or any matter, please do not hesitate to reach out to your account manager or the office on (02) 9587 3500 or email us at theteam@wsib.com.au.

Around the country, many bars and licensed premises have started reopening to a restricted number of people.

As your patrons begin to return to your venue, it is important to make sure you are sticking to the rules required for all licensed premises regardless of a pandemic, otherwise a huge fine, or even worse, could be on its way.  

Here we look at a few recent incidents to explore the most common issues that land licensed businesses in trouble.

Irresponsible service of alcohol

Serving alcohol to a minor or an intoxicated person is a common offence with very costly, sometimes deadly, consequences. In 2015, a South Australian hotel and its manager were fined $40,000 and $10,000 respectively after serving a drunk patron who died in a car crash on the way home. Venues can also face civil action launched by victims and their families so it is important to regularly check you responsibilities as a licensee.

In NSW, you can apply and review your role as a licensee here and upkeep you and your staffs certifications. If however, you staff does make a wrong decision, there are ways to mitigate the risk. Poor decision making from employees is something you may be able to can guard against with management liability insurance.

Simply removing a patron from your venue can be problematic too. The industry has seen a Sydney restaurant fined $2,200 by police for leaving two unconscious women on the street after serving them 16 shots of Soju within 40 minutes. The restaurant faced further sanctions from the NSW’s Liquor and Gaming Authority whose director of compliance operations told the ABC: “it’s hard to imagine a worse case of a venue failing in its obligations to prevent misuse and abuse of alcohol.”

Disturbances and violence

Take a look at key decisions made by Liquor & Gaming NSW and you’ll see disturbances are a very common problem for licensed venues. Venues are frequently investigated for ‘“unduly disturbing’” the ‘“quiet and good order’” of their neighbourhood and can be required to reduce opening hours in certain parts of their premises, undertake remedial works and deploy security staff, all of which can be expensive and inflict significant opportunity costs.

Alcohol-related violence on premises, meanwhile, is commonly met with fines, precinct-wide lock-out laws, trading hours being cut back, or licences being revoked – not to mention serious and costly reputational damage for your business.And violence can occur in even the most unassuming of places – recently a Brisbane karaoke restaurant licensee was fined $40,000 after an “extremely violent” brawl broke out.

Advertising

Inappropriate advertising can get your licensed venue in a spot of trouble too, as one Newcastle pub discovered earlier this year after advertising a competition encouraging patrons to “win their height” in vodka drinks. 

“This promotion posed an unacceptable risk of excessive alcohol consumption,” the state’s director of compliance operations Sean Goodchild told the Newcastle Herald. 

Most states and territories also have licensee restrictions on ‘happy hour’ promotions, raffles, theme nights and prizes. So it pays to check before you get too generous. 

Mitigating risk

Even if you’re doing everything in your power to reduce these risks, the fact is: an untrained or rogue employee/ or patron, an irresponsible nearby venue, or a simple mistake can prove very costly for a licensed venue. 

This is why it’s important to have a good business insurance solution in place – like public liability, management liability, business interruption and events insurance. 

Whilst, insurance is only part of the solution you should also consider having with robust risk management, compliance and training.

*This is a Steadfast article. A link to the original article can be found here. Note – all examples are based on specific circumstances to the particular situation which may vary from situation to situation.

If you have any questions on this information or any matter, please do not hesitate to reach out to your account manager or the office on (02) 9587 3500 or email us at theteam@wsib.com.au.

With COVID-19 unfortunately temporarily closing the doors of many businesses, there are some important things to consider when reopening and restarting your equipment. One of the key potential issues that we need to recognise is that there may be an increased risk of equipment failure when starting up equipment that has been non-operational for a period of time. The reason for this varies but when it comes to air conditioning, refrigeration and electrical items start-up failures may arise due to:

• Leaks can occur during periods of non-operation. Firstly any leak will not be noticed early and by the time you start up again there could be a total loss of  refrigerant/oil. Secondly leaks are more likely as air conditioning and refrigeration systems will see different internal pressures when they are sitting at ambient temperatures as opposed to the temperatures and pressures they are at when in operation.
• Lack of lubrication on the key internal components, as over a time of non-operation oil will settle at the bottom of the compressor and there will not be the usual lubricating film of oil on pistons and other components at time of start-up.
• Cooling and thickening of oil can cause filters to become blocked, and also leads to increased load on the system when it comes to starting up the cycle again.
• Vermin, dust and moisture will often find a home within many parts of your equipment where they do not belong, including electrical switchboards.
• The load on the equipment at start-up is higher as it has to bring the temperature all the way down from ambient to cool, so combining the increased workload with a large number of potential internal weaknesses, the start-up period is one of this most likely times you will suffer a failure of your equipment.

Keeping all of this in mind, it is more important than ever to ensure you are appropriately covered if you come across any of these issues when restarting your equipment. We have a number of options available to help prevent unnecessary out of pocket expenses upon start-up of the operations again

If you have any questions on this information or any matter, please do not hesitate to reach out to your account manager or the office on (02) 9587 3500 or email us at theteam@wsib.com.au.

All employers are in the middle of unprecedented circumstances right now, with COVID-19 impacting people’s lives, our communities and the way we do business. 

WSIB has been in discussion with State & National Insurers, together with relevant regulatory authorities to seek, where possible, an amendment to Workers Compensation premiums under certain circumstances, to take into consideration the impact that COVID-19 has had on the Australian Workforce.

As these are challenging times for many of you, the last thing we want is for you to be concerned with paying a premium that isn’t reflective of your estimated wages.

If you have had a change in circumstances and believe that your premiums will not reflect your estimated wages, you may be entitled to premium relief*.

Accordingly, please contact our Policy Services Manager, Bryce Innes via email at brycei@wsib.com.au and we will address each case carefully to ensure you receive maximum relief where appropriate.  

*For NSW Clubs, Hotel & Hospitality employers you should have already received a separate communication and contact from us as due to forced closures you are entitled to premium relief if insured with HEM/CEM. Please continue to reach out to us as we will ensure that you receive maximum premium relief where possible.

We remind all of our loyal clients and friends that we are here to help in any way that we can and encourage you to reach out to us at any time, for any matter, and regardless of the circumstance. Stay safe.

During these uncertain times of Covid-19, businesses around the country are looking at ways to protect their staff from COVID-19. Instructing and empowering staff to work remotely has been a common way to encourage social distancing to minimise the spread of the virus. However, this comes with its own set of unique risks and exposures for your organisation.

Remote work arrangements can have security implication and cybercriminals may attempt to take advantage of this. We are already seeing COVID-19 scams being transmitted via text message. See Emergence LinkedIn for more information; whom are a leader in cyber security and protection within the Australia insurance industry. It is essential that adequate measures be taken to ensure effective cyber security is in place and ongoing protection of private data. This guidance is from a risk management perspective only. For any queries relating to insurance cover please contact our office.

WORKING FROM HOME
With flexible work arrangements it essentially opens the business network to unsecure home environments and insecure devices which could result in malware infection, unauthorised access, and reduced data and privacy security. It’s important that businesses and their staff ensure that remote access to business networks is secure so they aren’t vulnerable and business information isn’t exposed.

HOW DO I STAY SAFE?
It is important to set and maintain strict protocols around cyber security and the protection of private and sensitive date, both physical paperwork and files and electronic records and systems. Consider incorporating the following proactive strategies:

BUSINESS PROTECTION

• Review your business continuity plans (BCP) and procedures, which should include a cyber incident response plan.
• Ensure all employees are familiar with who to contact and how to contact them if they have a concern of issue which needs to be addressed.
• Never pay ransom. It’s not always wise to pay a ransom as you are not able to determine where the money will go or if the hacker will repeat this attack.

SYSTEM & DATA PROTECTION

• Ensure that your systems, including Virtual Private Networks (VPN’s) and firewalls, up to date with the most recent security patches.
• Implement multi-factor authentication (MFA) for remote access systems and resources (including cloud services).
• If you use a remote desktop solution, ensure it is secure.
• Ensure your work devices, such as laptops and mobile phones, are secure.
• Ensure that you are protected against Denial of Service (dos) threats.
• Regularly monitor these who have legitimate access to the computer network, and the network itself.
• Ensure your data is backup daily and automatically, ideally with the back-up stored away from the normal premises and not connected to the network.

EDUCATION

• Ensure that your staff and stakeholders and informed and educated in safe cyber security and privacy protection protocols, such as identifying socially engineered email sand messages.
• Have regularly scheduled training and education to help establish positive and secure habits within the workforce.
• Use common sense on the internet and educate all staff about being smart about not exposing yourself to cyber-attacks. Think before you click on unfamiliar links and don’t open strange email attachments. Delete all emails that look suspicious.
  
  STRONG WORKPLACE POLICIES AND PROCEDURES
• Increase your cyber security measures in anticipation of the higher demand on remote access technologies by your staff, and test them ahead of time.
• Develop and enforce a strong password policy with a mix of letters, numbers and symbols that are frequently changed.
• Establish procedures to ensure that all hardcopy files and paper work are continually disposed of securely.
• Make sure staff working from home have physical security measures in place. This minimises the risk that information may be accessed, used, modified or removed from the premises without authorisation.
  
  SOCIAL ENGINEERING FRAUD AWARENESS
• Ensure there are call back procedures with customers or suppliers to authenticate any fund transfer email instructions greater than $50,000 prior to transfer.
• Maintain strong third-party vendor management protocols, but ensuring that any requests to alter supplier and customer details including bank account details is independently verified with a known contact for authenticity.

NEED MORE HELP?
Australian Signal Directorate’s Australian Cyber Security Centre (ACSC) has produced some great advice to help businesses stay secure from cyber threats whilst managing a remote workforce.

COVERAGE UNDER A CYBER INSURANCE POLICY
Cyber Insurance can be arranged to help provide another layer of protection. Coverage can be designed to cover cyber event response costs, loss of profits and any potential litigation which may arise. The costs of insurance will almost always be far less than the cost of shutting down the business in the wake of a cyber-attack.

If you have questions regarding these recommended measures or want to discuss Cyber Insurance further please call your Account Manager, or the office on:

(02)9587 3500 or theteam@wsib.com.au

The COVID 19 Pandemic has thrown up many challenges to individuals and businesses alike, and social distancing procedures have forced many businesses to cease trading leaving their premises unoccupied or at the very least idle. If you find yourself in this situation we have prepared some practical advice on how to protect your assets during this period.

SITE SECURITY
Secure your property (buildings, external equipment and company-owned vehicles) to prevent intentional or accidental damage to property.
Limit site access to authorised personnel during any emergency. Authorised personnel may include employees, contractors, suppliers or customers.
Secure and inspect all potential entrance points to your facility, including external doors, skylights, windows and fences.
Inspect and test exterior lighting systems at least weekly.
All security services must remain in place and functioning. 
Test all existing security systems to ensure in good working order, including relay of remote alarms.
Existing back to base systems must continue to be used. We recommend those without back to base systems to have that arranged.
Signs on entry points including ground floor windows advising no cash kept on premises
No cash, securities etc is to be kept on the premises including in safes, floats, poker machines (If the business is not operating, cash should really be in the bank). ATMs should be emptied, Safes should be emptied.

FIRE PROTECTION EQUIPMENT
Ensure your fire protection systems remain in good working condition to reduce the consequences of a fire at your facility.
Inspect all fire protection systems, including fire pumps, sprinkler systems, gaseous-suppression systems and water tanks/reservoirs for good working condition.
All alarm panels must show all areas as active and no isolations/faults.
Lock all fire protection control valves in the wide-open position and inspect on a weekly basis.
Inspect manual firefighting equipment (fire extinguishers, fire hose) for correct location, accessibility and good working condition.
Close or remove any obstruction from self-closing fire doors.
Test and maintain fire protection systems and fire alarms throughout the emergency according to normal schedules.
Manage any impairment of fire protection equipment using Fire Impairment systems and be sure to notify your account manager / your insurer prior to each impairment.

HOUSEKEEPING
Maintain good housekeeping standards throughout the emergency to reduce the fire and arson hazard.
All non-essential electrical appliances etc to be switched off and disconnected (non-essential means items no longer used due the non-operation of the premises such as but not limited to appliances, ovens, heaters etc).
Remove all trash from inside and around the building.
During this time the Insured should be encouraged to removal all non-essential non-combustible items from inside and around the building.
Provide at least 50-ft. (15.2-m) of separation between any combustible yard storage and buildings.

IGNITABLE LIQUID
Reduce your fire hazard with safe handling and storage of combustible or ignitable liquid and gas during the emergency.
Minimise quantities of material stored on site.
Relocate storage of these products from idle production areas to dedicated ignitable-liquid storage areas, using appropriately rated containers.
Drain any idle processes using such material, including dip tanks, quench tanks and storage tanks, into appropriate containers and clean and/or inert, as required.

MANUFACTURING OPERATIONS
Monitor site conditions and take appropriate action to minimise property damage during the emergency.
Unplanned interruptions to utilities e.g. electricity, gas, water, or absence of trained operators could result in damage to equipment and process material.
Shut down non-critical or non-essential utilities, process and support equipment.
Lock out/tag out idle equipment according to company policy.
Maintain idle equipment according to manufacturer’s guidelines.
Secure cranes and other material-handling equipment.
Prior to start-up of equipment or processes, ensure all equipment safety controls and interlock devices are fully operational.
Follow established procedures or manufacturer’s guidelines for placing idle equipment back in service.

GENERAL ITEMS
For sites that will not have staff there each day we recommend someone (e.g. manager, caretaker, security patrol) to inspect the site at least 3 times a week. 
Protect valuable drawings, records and similar material by storing them in fire-rated, watertight file cabinets, vaults or safes.
Determine if there is spoilage potential for existing product or raw material storage and take steps to reduce your exposure.
Fill fuel tanks of generators, fire pumps and company- owned vehicles.
Test and maintain on-site emergency power systems.
If no backup power is available on site, turn off electrical switches during any unplanned power failures to prevent reactivation of equipment before necessary checks are completed.
Communicate with employees, key customers and vendors on status of your operations.

If you have questions regarding these recommended measures or need any advice on your insurance program please call your Account Manager, or the office on:

(02)9587 3500 or theteam@wsib.com.au

Many of you have already been in contact with us to enquire as to whether or not an employee who contracts Coronavirus in the workplace could constitute a compensable claim?

The short answer is yes however whether or not the injury will be compensable will depend to a large extent on expert medical advice and proof that the virus was contracted during the course of employment, and that the employment was the main contributing factor to contracting the disease.

Proof that employment is the main contributing factor could be difficult to determine and each claim would need to be considered on its individual merits and evidence.

We advise all employers to take all appropriate preventative measures to eliminate the risk of contracting Covid-19 in the workplace, as with any other workplace health & safety risk.

Should you require any advice or assistance with preventative measures, and/or a Coronavirus claim lodged against you, please contact us immediately.

As to whether or not the cost of any compensable Covid-19 claim would have against premium, SIRA has announced that they are looking to mitigate the premium impact and are currently seeking feedback from insurers on proposed amendments to the Workers Compensation Market Practice and Premium Guidelines that would prevent costs associated with COVID-19 claims impacting individual employer premiums.

Rest assured, we are monitoring SIRA and are working closely with icare (NSW), relevant insurers and industry bodies to advocate there be no impact to any employer premiums as a result of any Covid-19 claim that may be lodged against you. We will keep you informed as soon as further information becomes available.

Remember also that during these ever-changing and uncertain times we are here for you and encourage you to reach out to us at any time for any workers compensation or non-insurance related matter if need be.