WorkSafe Victoria has recently published information about action it undertook against Star Care (Vic) Pty Ltd, approved providers of Maria Montessori Pre School & Early Learning Centre, under the Occupational Health and Safety Act 2004. An abridged version of the information is given below:
In 2020, a WorkSafe Inspector attended the workplace and conducted an inspection as part of WorkSafe’s Childcare High Risk Manual Handling and Occupational Violence Consultation Project. During the visit the Inspector observed a nappy change table in the bathroom area of the workplace. The Inspector formed the belief that risks of hazardous manual handling arising in relation to the change table were not being controlled so far as reasonably practicable and issued an Improvement Notice. The Inspector re-attended the workplace to review compliance with the Notice and observed that a plastic two-step stool had been placed next to the change table in purported compliance with the Notice. The Inspector determined that this was inadequate because:
1. the stool was not high enough to allow the older children to access the change table, so staff were still required to lift the older children from the stool onto the table and
2. the stool was not affixed to the change table and could be subject to uncontrolled movement
The Inspector formed the belief that compliance with the Notice had not been achieved. Star Care advised the Inspector that it did not agree with the notice. An entry report was issued noting that the Notice was not complied with. Star Care did not seek review of the decision. The Inspector re-attended the workplace to review compliance with the Notice. Star Care informed the Inspector that no further changes had been made to the change table and it did not want the Inspector to enter the premises. Star Care sent the Inspector an image of the change table by short message service, which it said represented the condition of the change table on that day.
Star Care was charged with a single offence contrary to section 111(4) for failing to comply with the Improvement Notice. Subsequently, WorkSafe accepted an Enforceable Undertaking from Star Care which acknowledged that it deeply regretted the circumstances giving rise to the charge and undertook to:
1. donate to the Frontline Foundation Charity
2. participate in the OHS Essentials Program
3. host 6 webinar sessions around:
safety in the childcare industry
the charge against Star Care including lessons, key takeaways, and preventative steps
The value of assistance from WorkSafe and the importance of participating in investigations and a
4. best practice review by an independent OHS professional.
The charge was withdrawn on 16 December 2022.
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