Australia Model Code of Practice: Healthcare and Social Assistance Industry
Section 1: Who has WHS legal responsibilities – Australia Model Code of Practice: Healthcare and Social Assistance Industry

Australia Model Code of Practice: Healthcare and Social Assistance Industry 1.1b: 1.1 Meet the primary duty and do not let patient or client care override worker safety

The PCBU must ensure the health and safety of workers at work and of others put at risk by the work, such as patients, clients and visitors, by eliminating risks and, where that is not reasonably practicable, minimising them as much as reasonably possible (WHS Act ss 17 and 19). Patient or client care, support or preferences do not take priority over worker safety, and legal requirements cannot be set aside because of an actual or perceived conflict with care, for example a patient who prefers to be carried instead of moved with lifting equipment. The PCBU should talk to workers, patients, clients and families about why worker safety matters. Where care must continue, for example for a patient with dementia who is violent, the PCBU must still minimise risk through measures such as a specialised ward, enough rostered staff, medical review, de-escalation training and debriefing, and in some circumstances it may be appropriate to refuse care.

Maintained by Gerard Blokdyk

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