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COVID-19: Safety at work and your duty of care

The impact of COVID-19 has consumed the focus of business owners over recent months. Hard decisions have had to be made. Some have temporarily suspended trading. Many have stood down employees. Others have pivoted their operations to stay afloat. But now, as restrictions start to lift and employees begin readying for a return to work, employers are turning their attention to what they need to do to ensure a safe work environment.

It’s little wonder that employers across the country are concerned about whether COVID-19 will lead to a surge in workers compensation claims for their business – and this is a fair concern. But there are steps you can take to reduce the risk of a claim being made.

For employers, it’s time to start thinking about returning to normal. But what will that ‘normal’ look like? Without doubt, it’s a ‘new normal’ and you need to consider how your business operations need to change, both to keep your business running and ensure the health and safety of your employees.

To help employers navigate this ‘new normal’, Safe Work Australia has published a range of resources that are freely available to businesses. These resources provide essential advice about how to safely navigate the ongoing threat of a potential Coronavirus outbreak.

Take a moment to check out the COVID-19 resources page on the Safe Work Australia website. You’ll find a wealth of information, including tools to ascertain whether your business has undertaken all reasonably practicable steps to ensure the health and safety of your workplace. Importantly, these tools will help you identify any deficiencies in current hygiene and cleaning practices, as well as the practicability and effectiveness of physical distancing measures. There’s also a high-level workplace checklist available.

As an employer, you have a duty to maintain a safe workplace. That’s why reviewing this publicly available material is essential. Failure to do so may potentially be taken into account to demonstrate a breach of duty of care should a COVID-19 outbreak occur at your workplace, particularly if there is a clear link between the infection and a failure to take these recommended steps.

Reviewing coverage

With the risk landscape changing as businesses adapt to COVID-19 and its impact on the working environment, it’s important to review your workers’ compensation coverage to ensure it best responds to your circumstances.

For example, your workers compensation policy will be affected if your staff numbers have changed. Perhaps your business is faced with the prospect of reducing staff. Or maybe you’ve already had to take that step. Reduced staff numbers will impact your wage estimate and this, in turn, will impact your premium. By submitting a revised wage estimate, you may be eligible for a premium adjustment.

There are also a range of other reasons your insurer may be able to support your business during COVID-19, including (where applicable) reducing premiums or placing them on hold.

Emjay Insurance Brokers can help.

We recently applied for a mid-term premium adjustment for one of our construction industry clients. The insurer turned the application around in 24 hours, saving the client $30,000. Similarly, a client in the food industry saved $40,000 on their premium. Another of our construction industry clients received a three-month extension on the credit terms for a hindsight adjustment.

These examples illustrate how the team at Emjay Insurance Brokers can help you review and maintain the workers compensation coverage you need to protect against COVID-19 risks, and then seek appropriate relief from your insurer.

At Emjay Insurance Brokers, we understand the risks your business is facing during the COVID-19 crisis. We’ll work closely with you to craft a tailored risk management and insurance solution that will meet your needs and empower you to embrace risk.

Call us today to discuss your needs on (02) 9796 0400.

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