Getting OnTop Of Health and Safety IN THE NSW SEX INDUSTRY
Getting
on Top of Health and Safety
Contents
IN THE NSW SEX INDUSTRY This book aims to introduce people who own, manage or work in sex industry businesses to best practices in workplace health and safety. The book can be
Section 1. Section 2.
used in conjunction with the ‘Getting on Top of Health and Safety’ video. All the stories and names in this booklet are fictitious.
Acknowledgments ‘Getting on Top of Health and Safety’ was produced by SWOP as part of a WorkCover NSW Grant project. Thanks are due to the many people from government departments, community organisations, the sex industry and staff at SWOP who have supported and contributed to this book.
Written by Edited by Production Design Photos Illustrator Funding
Michelle Toms Project Advisory Group
Section Section Section Section Section Section
3. 4. 5. 6. 7. 8.
Introduction Health and Safety Guidelines for the Sex Industry Workers Compensation Accident and Injury Management Risk Management for the Sex Industry Training & Induction Health and Safety Issues for Brothels Cleanliness & Hygiene for Sex Industry businessess
Sex Workers Outreach Project the CARAVAN: Communication Design Summer Hill Films Norrie May-Welby WorkCover NSW
Appendices
Sex Workers Outreach Project PO Box 1354, Strawberry Hills, NSW 2012 Tel 02 9319 4866 Fax 02 9310 4262 Email swop@rainbow.net.au
Workcover NSW
Appendix 1.Contacts Appendix 2.Health and Safety Checklist Appendix 3.A Model OHS Policy
400 Kent Street, Sydney, NSW 2000 Tel 02 9370 5000 Fax 02 9370 5999 www.workcover.nsw.gov.au
This project was funded under the WorkCover NSW Injury Prevention, Education and Research Grants Scheme. Any views expressed are not necessarily those of WorkCover NSW.
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INTRODUCTION About this Guide This guide will help sex industry owner, managers and workers to introduce
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Each year workplace accidents in Australia are responsible for:
• 2,700 deaths including 500 deaths from accidents and 2,200 deaths from exposure to workplace chemicals and other substances
best practice in occupational health and safety (also known as OHS). OHS
• 300,000 disabling injuries, many of them permanent
can also be called workplace health and safety. It means doing everything
• enormous pain and suffering for workers and their families.
you can to protect yourself and your colleagues from injury and ill health.
Who can use this Guide? The guide aims to provide support for people who work in sex industry businesses to reduce work-related injuries and illnesses through the improvement of health and safety in the workplace. It will help you to:
This guide can be used by sex industry business owners, managers, supervisors, receptionists and workers in the NSW sex industry. It is intended for businesses where an employment or contractor relationship exists between management and worker. This guide applies to any sex
• take a positive attitude to health and safety • know your rights and responsibilities under the law
industry establishment including brothel, massage parlour, escort agency, special services (eg. BDSM), and some private situations.
• identify potential hazards in your business and manage them • develop OHS policies and programs.
Employment Status A sex industry owner manager needs to comply with OHS legislation for all
Why Bother ?
workers and clients, and Workplace Injury Management and Workers Compensation legislation for all deemed workers.
Many sex industry business owner managers feel that they are not responsible for the health, safety and welfare of their workers. Similarly, sex workers do not feel that health and safety legislation is relevant to the sex industry. Yet the regulations that cover health and safety for business are just as relevant to a sex industry business as any other. There are many injuries and illnesses that can be prevented by having an effective health and safety policy in place.
In this book, ‘employer’ is used to refer to a sex industry owner manager and ‘employee’ is used to refer to a sex industry worker including a receptionist and other auxiliary staff.
OHS Legislation WorkCover NSW administers the Occupational Health and Safety and the Workplace Injury Management and Workers Compensation legislation. The main sections of the OHS Legislationt for sex industry businesses are:
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Every employer shall ensure the health, safety and welfare at work of all employees.
1
Rate your workplace Has your work place established the following OHS measures? Tick Yes/No.
This covers the employer's responsibility to:
OHS measure
• provide and maintain safe equipment (eg. Condoms) • provide and maintain safe systems of work • inform, instruct and supervise employees in safe work practices.
You have an OHS policy
Employers and self employed persons to ensure the health and safety of persons other than employees at places of work This covers the obligation of employers and self employed persons to ensure the health and safety of visitors, volunteers and clients to the work place.
Persons in control of workplaces used by non-employees need to ensure their health and safety This covers the responsibility of a person who owns or controls a workplace to provide a safe environment for visitors to that workplace.
Every employee shall take reasonable care for the health & safety of persons at work and co-operate with the workplace OHS requirements This covers the employee's responsibility to: • ensure that clients and visitors are not at risk • cooperate with health and workplace safety policies.
Yes
No
OHS information is available and explained to workers (eg.information on detergents and their hazards is explained to those who use them) New workers are shown and explained OHS procedures Workers are consulted on OHS issues Workers Compensation has been taken out for all relevant staff There is a return to work program in my workplace Potential hazards have been identified and assessed OHS training and education is provided to all staff Policies and programs are written and displayed to workers and customers Source: Why Bother? WorkCover NSW, 1995
Workers Compensation Legislation The second legislation that is relevant to sex industry businesses is the NSW
Resources:
Workplace Injury Management and Workers Compensation Act 1998. This
• Six Steps to OHS: Duty of Care in OHS, WorkCover NSW
act requires employers (ie. business owners and managers) to take out workers compensation insurance for all deemed workers in the workplace and to provide a return to work program for ill or injured workers. This legislation is covered in Section 3 of this guide.
• Getting on Top of Health and Safety Video, SWOP • OHS Act Booklet. A Summary of the Main Provisions, WorkCover NSW • Why Bother - OHS Implementation Guide, WorkCover NSW • Sex Industry Legal Kit (SILK), SWOP • Guide to Injury Management and Workers Compensation, WorkCover NSW • Guidelines for employers return to work programs, WorkCover NSW.
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Health and Safety Guidelines for the sex Industry
2
Prohibition Notice Requires a particular activity to stop until an immediate risk to
WorkCover NSW
health or safety is removed or legal action may be taken (eg. stop
WorkCover NSW is the state government authority that administers the
faulty electrical equipment).
Occupational Health and Safety, and Workplace Injury Management and Workers Compensation legislation. WorkCover NSW has inspectors who can
Penalty Notice or on the spot fine
enter a sex industry business for the following reasons:
Issued for breaches of the Workers Compensation and OHS legislation.
• if requested by the employer to provide information or training • if following up a complaint about unsafe work practice, conditions or hazards
Complaints WorkCover will investigate all complaints made to them about health and
• on request from a Council or Health authority
safety in the workplace. Anyone can make a complaint to WorkCover,
• for accident investigation
regardless of their employment status (eg. client, worker no longer working
• for targeted interventions (eg. unannounced visits to check OHS
there, service provider) or tax status (don’t pay tax).
compliance or gather data) An employer must not dismiss a worker because they make a complaint If WorkCover visits you, you should observe the following : Identification WorkCover staff should carry photo ID and a badge. Communication WorkCover staff should inform you why they are there unless it will compromise the investigation.
about health and safety. To do so may attract a hefty fine. Complaints can be made in person, over the phone or in writing. You can contact WorkCover on tel: 13 10 50 for the location of your nearest WorkCover office. Complaints made to WorkCover are: • anonymous - the person making the complaint does not have to identify themselves.
WorkCover inspectors can request information, documentation and other evidence to assist in their investigations. They can fine employers and
• confidential - WorkCover must maintain the confidentiality of details of the person making a complaint
employees who do not answer their questions. WorkCover inspectors can issue notices instructing employers and employees to improve or change workplace practices. These notices include: Improvement Notice Requires action to rectify a particular problem within a particular
The Health and Safety Guidelines for Brothels in NSW The Guidelines are a joint publication of WorkCover NSW and NSW Health. They provide provide guidelines for brothel owners on:
period of time (eg. fix the carpet so it is no longer a trip hazard).
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• rights and responsibilities in regard to health & safety legislation, • minimum standards for maintenance of a safe and healthy environment for all people in the workplace,
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WORKERS COMPENSATION The Legislation The Workplace Injury Management and Workers Compensation Act 1998
• the roles of NSW Health and WorkCover NSW with regard to public health and work place health and safety.
requires employers to obtain and maintain in force a policy of workers compensation.
Workers Compensation
Health & Safety Guidelines for Brothels in NSW.
The workers compensation system provides financial, medical and other
This is a joint publication between the
assistance to injured workers and/or their dependants, whether or not the
NSW Health Department & WorkCover NSW
injury is the fault of the worker. Sex workers may claim workers compensation benefits provided they sustain the relevant injury or illness through work and fulfil the criteria to october 9797 october october97
make a claim. Even if the workplace does not have workers compensation a worker may still be entitled to claim.
The Guidelines and Local Government
Injury Management
Local Government may incorporate part of the Health and Safety Guidelines
Employers must establish and make available a return to work program.
for Brothels in NSW into their brothel or sex industry policy. These policies
Employers must not dismiss someone because of a work-related injury.
form the basis for a development application to operate a brothel within that
Employers must offer suitable duties to any worker who is unabale to return
local government area. Non-compliance with council policies can lead to
to their normal duties. Employers are also required to notify their insurer of
legal action.
all significant injuries within 48 hours. A significant injury is when the worker is unfit for their usual duties for more than 7 days at a time. All other
A Guide to Best Practice OHS In The Australian Sex Industry The National OHS sex industry guide was developed by the Scarlet Alliance OHS working group and the Australian Federation of AIDS organisations. The Guide provides for best practice of OHS in the Australian sex industry and are designed to complement the NSW Guidelines. The Guide contains
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injuries must be notified within 7 days. A worker must inform their employer of the injury as soon as possible, seek medical assistance if needed, complete a workers compensation claim form and give it to the employer. The insurer has 21 days in which to make a decision on a claim.
information to assist the sex industry business owner or worker to develop
Employment Status
best practice OHS policies and procedures, including a condom breakage
Your employment status may affect your eligibility for workers
and slippage policy. The Guide is available through SWOP or the Scarlet
compensation. The table on the following page outlines the characteristics
Alliance, A.C.T.
of an 'employee' and 'contractor' for workers compensation.
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An Employee is more likely to: • be subject to direction from the employer about the work to be performed and the time and the manner in which it is performed • be required to actually carry out the work • be paid on a time basis • have tools and equipment supplied by the employer • work exclusively for a single employer • be subject to PAYE tax arrangements (employer collects and pays tax)
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• if a contractor is contracted to perform work outside normal trade or business (cleaning, front-of-house), they are deemed to be a worker
‘Deemed’ Workers The Workers’ Compensation Act 1987 defines a ‘worker’ to be "any person who works under a contract of service or apprenticeship with an employer...whether the contract is expressed or implied, or is oral or in writing." This may have relevance in many sex industry businesses where workers are held to be contractors. A business that engages contractors who are
A Contractor (or sub-contractor) is more likely to:
‘deemed workers’ is considered to be an ‘employer’ for workers compensation purposes. Every employer must take out workers
• be engaged to carry out particular tasks, using his/her skills and
compensation for all deemed workers.
judgement • employ others, delegate or sub-let work to another • be paid on the basis of a quotation for the job
When is a contractor a ‘Deemed worker’? A contractor is deemed to be a employed worker when the:
• supply his or her own tools and materials • carry on an independent business in his or her name or under a business or firm name
• value of the work exceeds $10 • contractor does not employ employees
• be subject to PPS tax arrangements (pay their own tax).
• contractor does not sub-let some of their work and
Source: Workers Compensation for Contractors and Subcontractors, WorkCover NSW
• work is not part of business carried out by them in their business name
Who is an ‘employer’ and ‘employee’ for workers compensation?
When is a contractor not a ‘deemed worker’? A contractor is not deemed to be a employed worker when the:
If a contractor operates through a company then they are considered to be an employee of their own company and must obtain their own workers compensation. Contractors can become employees :
• contract for work is made between the principal &
the contactors
company, or • contractor employs other employees in relation to a contract, or
• if a contractor who is shown to be carrying out an independent business
• work isn’t part of business carried out by them in their business name, or
arrangement with a single principal, the contractor is considered to be an
• contractor is shown to be carrying out an independent business in their
employee of the principal
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• contractor sub-lets some of the contracted work, or
in their name or under a business name enters a permanent or ongoing
name or business name
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Uninsured workers
3
Wages Records
Employers who do not maintain a current workers compensation policy may
Employers must keep a record of wages paid to employees and 'deemed'
face legal action and incur a hefty fine.
workers for up to seven years. These records include wages, cashbooks, accounts, and any other record of a payment to a worker or a ‘deemed’
Workers who are uninsured and that sustain injury through work can apply to the WorkCover NSW uninsured workers scheme for compensation.
Insurers There are WorkCover NSW licensed insurers who act as fund managers, write premiums, determine liability & pay benefits. A list of these insurers is available through WorkCover NSW. Employers should also display a summary of the Workers Compensation Act in the workplace that identifies the workers compensation insurer.
case study 11/8/99: WORKERS COMPENSATION DEFRAUDER MADE TO PAY
worker. This information is requested for workers compensation and no other purpose.
Who can claim workers compensation? If an employee contracts an illness or sustains an injury because of their employment, they can claim workers compensation. The injury or illness has to occur at work, while travelling as part of work (escort work or banking takings) or while travelling from the employee’s home to work. Employees should inform the employer as soon as possible, following injury or an incident that should have caused injury or harm. The injury should be entered in a 'Register of Injuries' book. If a worker suffers a work-related injury or illness that needs medical attention a doctor should be consulted,
A golf course superintendent from Sydney’s northern beaches was sentenced for defrauding the NSW Workers Compensation Scheme. The superintendent was ordered to pay back more than $32 000 obtained through a fraudulent claim for workers compensation and was ordered to perform 200 hours of unpaid community service work.
even if time off work is not required.
The claims were made after the superintendent advised his employer that he had injured his right ankle at work. He was absent from work for 10 days and resumed work on restricted duties. A total of $32 434.40 was paid to him in workers compensation benefits for ongoing incapacity.
forwarded within seven days, they can forward the claim themselves or
An investigation carried out by WorkCover revealed that the defendant had not sustained the injury at work and had not been working on the day the injury occurred. The offence was likened to social security fraud by the magistrate who said that this type of crime affected the whole community. Source: WorkCover NSW, Media Releases
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The employer, who may be liable for compensation, must forward the claim form to their insurer within 7 days. The insurer must process the claim within 21 days. If an employee feels that the claim form has not been contact WorkCover.
Other Insurance Public liability insurance covers a business owner's legal liability for compensation if someone who is not an employee or a family member (third party) suffers injury or damage to property, or death as a result of business operations. A client who contracts an illness or an injury as a result of their use of the service may also seek compensation. Sex industry businesses with comprehensive occupational health and safety strategies can attract reduced premiums.
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4
The wobbly staircase
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ACCIDENT AND INJURY MANAGEMENT
Renee was a worker in a city brothel. One day, after a busy shift, Renee was
A sex industry owner manager or worker has a responsibility to stop
walking down the stairs. As usual, the lighting was dim and Renee failed to
accidents occurring in the workplace (risk management) and to assist
notice the wobbly stairwell and the ripped carpet. Before she knew it, Renee
anyone who has been injured in the workplace (injury management).
tripped and went flying down the stairs. This resulted in an injury to her right collarbone, not to mention severe pain!
The OHS Legislation requires that the employer complete an Accident Report Form, have first aid procedures in place, and compile a Register of
One od Renee’s co-workers informed Anne, the manager, of her injury. Anne
Injuries.
came in and arranged for someone to take the shift while Renee went to hospital.
First Aid Requirements in the workplace The Occupational Health and Safety (First Aid) Regulation sets minimum
Renee could not work for the next 8 weeks. However, after some weeks off
standards for providing first aid at work. The Regulations say that:
work, Anne arranged for Renee to do some casual reception duties. Renee’s employer assisted with a speedy return to work. Eventually it was business
• every workplace must have a freely available first aid kit
as usual!
• someone must be responsible for the kit • everyone must know where the first aid kit is kept • everyone must know who to report accidents and injuries to
Renee visits the doctor In workplaces of more than 25 persons the person appointed to be in charge of the kit must hold an approved first aid certificate.
WorkCover Accident Report Form A WorkCover Accident Report Form is completed if a person is injured or dies at the workplace and they cannot carry on normal duties for 7 days or more. The accident report form is filled out for deemed workers, subcontractors and visitors.
Resources • Getting on Top of Health and Safety Video - SWOP
It should be completed within 7 days of the accident and a copy kept for 5
• Information for injured workers pamphlet, WorkCover NSW
years. It should also be shown to WorkCover inspectors if requested. Hefty
• Wages Definition Manual • Register of Injuries
fines can be imposed for not complying with these reporting requirements.
• Workers Compensation for Contractors and Subcontractors, WorkCover NSW
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5 Accident Report Form
RISK MANAGEMENT FOR THE SEX INDUSTRY Risk Management is a systematic way of limiting exposure to the negative effects of risks in the workplace. Risk Management involves four steps Step 1
Hazard identification
Step 2
Risk assessment
Step 3
Risk control
Step 4
Ongoing monitoring
Register of Injuries An employer must have a Register of Injuries book in which to record work related injuries. These registers are available through stationary supplies
This cycle can be
and some newsagents, failure to have one can incur a fine of $ 2, 200.
illustrated diagramatically
Register of Injuries ( A employer who dosn’t have one can be fined $2,200.00. )
RENEE’S SLIP It was a busy night and Renee’s regular, Oswald, had come in for the usual massage and spa. Halfway through the booking Renee had got out to grab a towel and slipped on the tiles. Oswald informed Anne, the manager and Renee was sent home. Luckily, the workplace had an OHS policy.
Step 1.Hazard Identification A hazard is the potential or capacity of a thing or an action to cause an injury, illness or accident at work. Hazards are the main cause of workplace health and safety problems. Hazards in the sex industry can include:
• the first aid kit was used to apply dressing to the wound • the accident was written in the register of injuries • Renee got a medical certificate and her employer filled in a Accident Report Form
• unclean or faulty equipment like spas, sex toys, saunas.
Resources
• unsafe beds or massage tables
• Getting on Top of Health and Safety Video - SWOP
• condom breakage • escort work to unknown or unsafe locations • unchanged linen and towels • poor lighting for checking clients
• Accident Report Form and Register of Injuries
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Activity 1 Can you spot any hazards in your workplace? List them here: 1. ____________________________________________
5
Step 3. Risk Control Now that the hazards have been identified and the risks assessed, you need to implement a strategy to eliminate or reduce the risk. There are four ways to deal with hazards: eliminate them, change equipment, change work
2. ____________________________________________ 3. ____________________________________________
methods, and/or use personal protection.
Step 4. Monitoring Strategies for maintaining programs & procedures include:
Ways of identifying hazards include: • Safety Audits Systematic review of the workplace systems and procedures
• Communication Ask staff about the success of the control strategies • Integration Make sure that the new strategies are incorporated into the workplace
• Consultation and Complaints Regularly asking staff about hazards and acting on complaints • Workplace Inspections Regular inspections to identify hazards • Accident Investigations
• Evaluation See if the new strategies are working. Are the same old problems re-occurring? • Training and Information What can be done to support the strategies? Make sure that everyone knows all that they need to know and the rationale behind the changes.
• Injury and Illness Records.
Step 2. Risk Assessment Once hazards are identified the level of risk can be assessed and will
Risk Management in ‘Silk Dreams’ At a brothel called ‘Silk Dreams’, a hazard checklist was designed and each hazard was assessed.
determine the priority assigned to its elimination or control. The risks associated with a hazard can be assessed in two ways:
The following example provides a list of hazards found in ‘Silk Dreams’ and assesses each hazard for its level of risk.
• Severity How much injury or illness could be caused by that hazard. • Likelihood How likely is it that someone would be badly effected.
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5
The numbers on the chart indicate how important it is to do something:
HAZARD
SEVERITY OCCURANCE PRIORITY
ACTION
Bed Frames Loose in Room
+++
Condoms Stored in Direct Sunlight
Used Syringes in Towel Bin (needlestick injury)
N N
Using glass in spa or jacuzzi
+
(causes breakage)
(break & cut skin)
Broken Alarm at Reception, Unable to Notify Security Insufficient Bedside Lighting
+++ +
••••
1
New Frames
•••
1
Store/Cupboard
••••
1
•••
3
••••
1
•••
2
To control the hazards, Anne (the manager) agreed to : • Upgrade the bed frames. • Bring in an electrician to fix the alarms. • Find new cupboard space to store the condoms. • Replace the glasses with some respectable plastic cups. • Order new swivel head lights for each room.
(use by date)
Anne was uncertain about installing sharps containers as she thought it
Install sharps containers
would attract drug use. However, Renee (her receptionist) had got a big shock from the needle stick injury and had HIV and Hepatitis tests. Anne agreed to trial the use of a sharps container in the bathroom.
Plastic Cups
Fix or install a new system New Lamps to Aust. standards
+++
Worker measuring the Ph Balance of the spa.
Legend: INJURY RESULT
N +++ ++ +
OCCURANCE
Death/Disability
••••
Anytime
Serious Injury
•••
Sometime
Medical Attention
••
First Aid Needed
•
Rarely Unlikely
ACTION PRIORITY 1. Immediate > 2 > 3 > 4 > 5 >
Anne trained all the workers in how to: • use the new alarms
6. When Possible
• check condoms for expiry dates and store them away from heat so they would be less liable to break. She also educated them in other hazard prevention measures and appointed a health and safety representative.
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Activity 2 Based on the ‘Risk Management at Silk Dreams’ example you can
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TRAINING & INDUCTION Employers have a responsibility to provide employees with the information,
undertake your own health and safety audit. In example 1 you identified
training and supervision needed to ensure the health and safety of all staff and
some hazards in your workplace. Now you and your colleagues should
customers. Employers should develop OHS policies, recording systems and
explore the workplace to identify further hazards and add them to the list.
training programs for workers. A failure to meet these obligations can lead to
The checklist in Appendix 2 will help you to do this.
fines and court action against the owners/directors/employers of the business.
HAZARD example: Bed Frames Loose in Room
SEVERITY PROBABILITY
PRIORITY ACTION
Training for New Workers (Induction Training)
•••
N
1
New Frames
Induction training for new workers should include : • going through the OHS policy • demonstration and explanation of the OHS program • outlining the responsibilities for health and safety procedures • provision of information resources in appropriate languages • demonstration and explanation of specific OHS procedures.
OHS Policy An OHS policy is a written document that states who is responsible for health and safety and how it will be carried out in your business. The policy should include the OHS program with procedures and systems to keep the policy in place. All workers should sight the policy and new workers should have it explained to them. A model OHS policy containing the essential elements is provided in Appendix 3.
Resources • Hazpak: A Practical Guide to Risk Assessment, Work Cover NSW
OHS Program
• 6 Steps to OHS, Workcover NSW
An OHS program is a set of activities designed to make your workplace safe.
• Worksite OHS Assessment Package, Workcover NSW
Essentially, it puts your OHS policy into practice and should be explained or
• Register of Injuries, stationary supplies
demonstrated to every new worker. The program should include the
• Due Diligence at Work - Action Health & Safety Checklist for Management
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following items:
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• allocating responsibilities for safety duties to particular people • assessing, identifying and controlling hazards (see Sec. 5 – risk management) • accident investigation, reporting and injury management
6
Information resources for New Workers
(Sec. 3: workers compensation)
New workers should be provided with information on safe sex, sexually
(Sec. 4: accident and injury management)
transmitted infections, HIV/ AIDS, first aid and other appropriate health
• employee participation in the program and an OHS representative
information. The information should be available in the main language of
• provision of first aid kit and training in the use of it
the sex worker. Additionally, there are a number of videos available
• other medical training such as CPU for heart attacks or what
through SWOP or sexual health clinics that can be used to train new
to do if someone overdoses • emergency procedures, fire protection and other safety systems
workers such as ‘Getting on Top of Health and Safety’ and ‘Victoria B. Principle’.
• provision of adequate personal protective equipment (eg condoms) and training in the use and disposal of them • health and safe sex practices
Ongoing training and supervision of staff
• client checks and identification of sexually transmitted infections • cleaning, disinfecting and waste disposal
This can be achieved through one to one training with the manager or
• drug, alcohol and smoking in the workplace policy.
supervisor, peer education or off the job training (eg. SWOP). The trainer can use videos, books and the Health & Safety Guidelines for Brothels in
This is a suggested list, there maybe other items to add to this program .
NSW in the training program. Educational material on safe sex, health, and
Employees need to follow workplace OHS procedures and may be allocated
so forth, should be available to workers and clients in a variety of
specific duties and tasks. The manager can allocate these responsibilities to
languages.
particular people and, if so, must tell the people responsible, ensure that the responsibilities are carried out through supervision and write the responsibilities into duty statements, an example of a OHS duty statement is:
OHS DUTY STATEMENT
Client Education Information resources on health and safety issues should be provided for clients of sex workers. This information should be available in a variety of
While you are working at XXX you must: • work safely and follow all the safety rules and procedures.. • follow the instructions you receive from the manager or receptionist. • practice safe sex eg. always use a condom. • take care of the safety of your fellow workers. • use all of the personal protective equipment provided to you.
key languages and placed in a suitable room. Client referral cards for sexual health clinics are available through SWOP and sexual health clinics. To inform clients about workplace health and safety procedures (eg. mandatory condom use), an A4 laminated sign could be placed in bedrooms or reception. The sign should also be translated into other languages. An example of this is :
Source: Why Bother ? WorkCover NSW
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7 Signage informing clients of House Rules
Health and Safety Issues for Sex Industry Businesses This section will provide details on specific health and safety issues for the sex industry.
Personal Protective Equipment (PPE) PPE stands for Personal Protective Equipment and covers all equipment used in sex industry businesses to protect health and safety. This includes:
OHS committees
• condoms (variety of size and thicknesses)
A health and safety committee is a forum where health and safety
• dams
problems can be identified, resolved, and procedures developed. The
• gloves
function of an OHS committee is advisory (able to make recommendations)
• towels, linen, clothing etc.
• water based lubricants
rather than decision making. A workplace health and safety committee can be established in any workplace regardless of the number of workers. In
Employers must provide adequate PPE (eg: size, thickness), make it readily
lieu of a committee, a workplace can nominate an OHS representative. An
accessible, and free to workers. Employers need to provide waste facilities
employer must encourage the setting up of an OHS committee or selection
for the disposal of used PPE in the rooms where the sexual service is
of a representative.
provided. If sharps are provided non-reusable sharps containers should be provided. Final waste disposal must be in accordance with council
Resources:
regulations.
• Sex Workers Handbook, SWOP • Resources on sexual health and HIV/AIDS from SWOP or sexual
Disposal of condoms
health clinics (eg: Victoria B Principle video, STD Handbook, SWOP) • How to establish an occupational health and safety committee in your workplace publication, WorkCover NSW. • What Managers Can Do, Occupational Health & Safety and the Multilingual Workforce, WorkCover NSW publication.
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To prevent premature deterioration, condoms and dams must be:
7
These forms of violence are a crime and should not be tolerated by sex
• stored away from direct light
workers. 9 Lives provides referrals to agencies that can provide assistance
• stored where the temperature does not exceed 22 degrees Celsius
to workers who have been subjected to violence.
• checked for the expiry date Equipment such as sex toys that have the potential for contact must be
Health Requirements
covered with a new condom for each partner. The employer should provide information and training in how to clean and disinfect equipment and in the
Employers or employees who work, or employers who knowingly permit
safe use and handling of chemicals. Sex toys, B&D equipment and so on
their employees to work, without the informed consent of the clients when
should be cleaned according to the manufacturer’s instructions before reuse.
they have a sexually transmitted disease (STD) infection are guilty of an offence under the Public Health Act.
Safety and Security Systems To minimise the risk of harm through violence or abuse from clients,
Employers should obtain a sexual health assessment (eg. certificate of
employers can adopt the following safety and security measures:
attendance at a sexual health clinic) when a new worker commences employment. It is also recommended that an employee obtain an
• video surveillance to screen for clients and visitors • panic buttons in workrooms
assessment after any workplace based incident that could induce an infection (eg condom breakage, needle stick injury).
• hire a security guard or link to a security company • provide mobile phones and personal alarms for escort work • install alarm buttons, window grills & other burglary measures
A sex worker should examine a client and have the right to not see a client who they believe has an STD. Lighting should be adequate for workers to examine clients. It is recommended that lighting meets
For further information on surviving sexual assault in the sex industry, sex
Australian
standards and a swivel headed lamp is provided.
workers and employers should obtain a copy of 9 Lives. This publication is produced by SWOP and identifies the following types of violence :
Employers that insist on employees not using PPE are in breach of OHS laws and can face fines and legal action. Complaints about workplace practices
• physical assault such as punching, choking and the use of weapons • indecent assault such as when someone forces you to watch a sexual act • sexual assault, such, when you are forced to have penetrative and/or oral sex • psychological abuse such as stalking and the use of derogatory language
use of protective equipment or policies in relation to workers or clients infected with STDs and about the workplace environment, (spas or food service facilities) are investigated by a Public Health Unit. These are listed in the back of the Health and Safety Guidelines for Brothels in NSW.
• social abuse such as threatening your family or friends • financial/economic abuse such as withholding money
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7
Drug, Alcohol and Smoking in the Workplace
7
In the case of an overdose or heart attack from drug and alcohol use or other factors, an ambulance should be called immediately. Brothel owners and
Drug and Alcohol Policy
managers may also want to supply staff training in resuscitation and similar
Workers who are intoxicated by alcohol or other drugs can impact upon the
techniques. Such training is available through St. Johns Ambulance and
health and safety of others. Employers can develop drug and alcohol policies
similar services.
that create a safe environment and reduce the harm that may follow from the use of alcohol and other drugs. A policy could be a written document developed
Needlestick Injury
in consultation with workers. A sample Drug and Alcohol Policy is:
A significant hazard for managers and workers alike is needlestick injury (ie. being pricked with a dirty needle or instrument). This can occur when needles or sharps are left in inappropriate places such as linen or under
SAMPLE DRUG AND ALCOHOL POLICY. Workers Dangerously Affecyed by Alcohol and other Drugs .
beds. If a needlestick injury does occur then you should bleed the area, wash it with soap and water and apply first aid. If you feel the injury warrants it then you can contact an HIV prescriber or the emergency department of a
• A worker who is having problems with alcohol and/or drugs, but who is willing to get help (ie. be assisted with a rehabilitation program),
hospital for post-exposure prophylactic treatment. Further advice can be obtained from sexual health clinics.
will not be dismissed because of that problem. • A worker who is dangerously affected by alcohol and/or drugs will not
Liquor Licensing Act
be allowed to work until she/he has an acceptable level of maintenance,
Employers should note their obligations under the Liquor Act. A business
ie is deemed fit to do the job.
that sells or provides free alcohol is required by law to obtain a liquor licence
• If a worker who is dangerously affected by alcohol and/or any other drugs
from the Liquor Licensing Court.
is sent home more than three times, the worker will attend a meeting between her/himself, the operator or receptionist from the workplace and a person nominated by the worker to be a support person for the worker. If
Enjoying a drink
the worker then agrees to get help, she/he will be given one chance to prove
in the spa with
her/himself. If the worker is found to be dangerously intoxicated after this
a client is safer
warning she/he may be dismissed.
in plastic glasses
• A worker who is having problems with alcohol and/or drugs is encouraged to stick with a suggested drug and alcohol program (avoid being dismissed). • If a worker refuses to get help, she/he may be dismissed the next time she/he is dangerously affected.
Source: Michelle, UTS University of Technology student
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7
Smoking in the Workplace Passive smoking means breathing in environmental tobacco smoke (ETS) which includes other peoples’s smoke. ETS is an irritant to the eyes and respiratory tract and to many people has an offensive odour. It increases the chance of contracting or aggravating a range of illnesses including cardiovascular disease, lung disease, asthma and chest illnesses. Due to the heightened risk of contracting these diseases in a smoke filled environment ,a workplace should develop a smoking policy. "...It could be argued that injury from passive smoking is reasonably foreseeable and that consequently such an injury could also give rise to action at common law",
Federal Attorney General
7
Escort Work SWOP and WISE have developed resources that promote health & safety for escort workers. It is recommended that escort workers carry mobile phones, security alarms and other personal safety items. An escort worker should not carry large amounts of cash and, if this is unavoidable, then it should be kept in a money belt or similar. An escort worker should have a driver with a valid drivers' licence and good driving ability. More information on safety for escort workers is available through SWOP. Full Body Massage All massage parlours or studios that provide a full or partial sexual service including erotic massage are considered to be part of the sex industry. As such, they must observe the usual health and safety measures. In addition, a full body massage business should ensure that massage beds and tables
There are several ways that an employer can meet their obligations around
are ergonomically designed for the sort of activity that occurs in that
the issue of smoking in the workplace. In the case of a brothel where there
workplace and that massage oils are suitable for use on the whole body. The
can be a high number of smokers, the best policy would be to create
massage worker needs to be aware of occupational overuse issues such as
designated areas where smoking is permitted. These areas must be
back and wrist injuries from repetitive tasks associated with massage.
enclosed or outside, have good ventilation to the outside of the building and should not be an area that non smoking employees need to access, such as the kitchen, waiting rooms etc.
Private Sex Work Sex workers working privately should develop health and safety systems for themselves and visitors to the workplace. However, they cannot claim workers’ compensation unless they are registered as a proprietary limited
OHS Issues for Specific Sex Industry sectors
company.
Bondage and Discipline, Sadism, Masochism (BDSM)
Resources:
Sex industry businesses offering BDSM services need to develop OHS
• Getting on Top of Health and Safety Video -SWOP
policies which ensure the health and safety of all people in the workplace.
• Passive smoking in the workplace -Policy & Control #353N
SWOPs BDSM resource contains information on the health and safety issues
• 9 Lives, SWOP
associated with BDSM activities. Also, South Eastern Area Health Service
• A Guide to Best Practice- OH&S in the Australian Sex Industry
(SEAHS) and Albion Street Infection Control Centre have developed
• Sample Drug & Alcohol Policy; Condom Breakage; Examination of Clients-SWOP
guidelines to promote health and safety for BDSM workers and workplaces.
• Bondage & Discipline Resource Book, SWOP
These Guidelines are available through SWOP and SEAHS.
• BDSM Guidelines, South Eastern Area Health Service & Albion St Infection Control Centre, SWOP
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8
Cleanliness and Hygiene for Brothels To comply with health and safety requirements an assessment of the
8
• at least two receptacles should be provided in the laundry for the separate storage of clean linen and used linen
premises should take into consideration conditions such as the hygiene and
• wash linen by category in a hot water wash using laundry detergent; and
cleanliness of facilities. Particular attention should be paid to the following:
• thoroughly dry all items of linen after washing.
showers, baths, and toilets; linen and laundry facilities; sanitary facilities; storage and handling of waste; disinfection of swimming pools and spas; bar and food preparation areas.
Sanitary Facilities Sanitary facilities (including toilets and hand basins) must be provided in accordance with council requirements. All required hand basins must be
When it comes to cleanliness in the workplace, it is the responsibility of all staff to ensure the workplace is a clean environment. Management should
provided with hot running, liquid soap, and single use paper towels/and dryers.
provide clear instructions about cleaning and waste disposal.
Laundry and linen
Regular cleaning
The employer should provide:
with detergents and
• clean bed linen or clean bed cover; and
hospital grade disinfectants.
• clean towels for the use of individual clients and staff.
All linen and towels should be changed after each client
Showers, Baths & Toilets Regular physical cleaning with water and detergents are generally required to control mould problems. The proprietor should ensure that baths and showers are cleaned regularly or more frequently if necessary eg; immediately following blood or body substance spills. Broken or chipped tiles need to be replaced as soon as possible, as they harbour bacteria and other All linen, including towelling for a client, should be changed immediately
contagents.
after use. Although commercial laundering is recommended, following steps will assist in minimising health risks associated with linen:
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8
Waste Management There should be adequate provision for disposal of used condoms, dams,
8
Disease causing organisms must be quickly and effectively killed in the pool
gloves, soiled tissues, etc, in rooms where sexual services are provided to
water, otherwise a disease may be transmitted. The swimming pool or spa
clients. An adequate container would be a container that is lined with a
pool needs to be designed and operated to enhance the action of the
plastic bag and that has a lid.
disinfectant. All pools and public spas must be equipped with an effective water circulation system, filter and continuous disinfectant dosing control
If contaminated sharps, eg. needles, are generated in a brothel, then non-
system.
reusable sharps containers which comply with Australian Standard AS 4031 should be provided for their disposal. This standard container is usually
Some suitable disinfectants are: chlorine; bromine; salt water chlorination
yellow in colour with either a white or red lid. These containers can be
(electrolysis);
obtained from your local health or drug and alcohol clinic. When these
polyhexamethylene biguanide ("Baquacil"); and hydrogen peroxide. Where
containers are full they must be disposed of properly and a new container
spa pools are heated, the temperature must never exceed 38 degrees celsius
put in place. These containers can be appropriately disposed of by taking the
and signs should be displayed restricting bathing to 20 minutes. To prevent
sealed container to such services as a drug and alcohol clinic or your local
risk of cross infection, spa baths must be emptied and cleaned after each
pathology clinic.
use.
isocyanurated
Swimming Pools & Spas
Pools & spas comply
It is recommended that swimming and spa pools comply with NSW Health’s
with the NSW Health
Guidelines, 1996 Public Swimming Pool and Spa Pool. The term pool
guidelines.
chlorine
compounds
(stabilisers);
includes such things as swimming pools, jacuzzi/spa pool, and float tanks. All people who use public swimming pools and spa pools are susceptible to infection. In poorly maintained swimming pools and spa pools people may be at risk from infections caused by a number of micro organisms some of which may be naturally present on the hair or skin or in the ears, mouths, noses, intestinal and uro-genital tracts.
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A Spa Story … ‘ Renee shared a spa bath with a client and the next day had a skin infection. ‘ Suggested solutions: • Go directly to the doctor for diagnosis and treatment • Report this incident to your employer • Ensure that the spa bath is always emptied and cleaned after each use ie. do not use the same water with every client • Do not bathe with clients with notable signs of skin infections or skin irritations. ie. Renee could sit on the edge of the spa bath rather then enter the spa bath with the client.
Bars & Food Preparation Areas
1 APPENDIX
8
Contacts Sex Workers Outreach Project (SWOP) 69 Abercrombie Street, Chippendale, 2008, NSW Ph: (02) 9319 4866; Freecall 1800 622 902; Fax: (02) 9310 4262 Email: swop@rainbow.net.au; www.swop.org.au WorkCover NSW 400 Kent Street, SYDNEY 2000 Phone: (02) 9370 5000 Fax: (02) 9370 5999 Information Centre tel: 13 10 50 www. workcover.nsw.gov.au Albion Street (AIDS) Centre 150 Albion Street, Surry Hills NSW 2010 Phone: (02) 9332 1090 Fax: (02) 9332 4219 Bega Sexual Health Clinic McKee Drive Bega NSW 2550 Phone: (02) 6492 9620 Fax : (02) 6492 3257
Bars and food preparation areas must be constructed and operated in compliance with the Food Act 1989 and the Food Hygiene (General) Regulations 1982. The following precautions will minimise any risks associated with food borne illness:
• before handling food or utensils, ensure hands are washed thouroughly • ensure all perishables are refrigerated at 4 degrees celsius or below • ensure that all food storage spaces, surfaces, such as benches, cupboards and refrigerators are routinely cleaned and disinfected
Bigge Park Centre (Liverpool Hospital) Locked Bag 7103, Liverpool B.C. NSW 1871 Phone: (02) 9827 8022 Fax: (02) 9602 4352 Bligh Street Clinic PO Box 83 Tamworth NSW 2340 Phone: (02) 6766 3095 Fax: (02) 6766 6835 Blue Mountains Sexual Health/HIV Clinic Blue Mountains Hospital, Great Western Highway Katoomba NSW 2780 Phone: (02) 4782 0360
• make sure all food utensils are thoroughly cleaned in warm soapy water, then rinsed in hot water and allowed to air dry
Resources • Getting on Top of Health and Safety video, SWOP • Working Safely with Chemicals, WorkCover NSW
Central Coast Sexual Health Clinic (Holden Street Clinic) 69 Holden Street, Gosford NSW 2250 Phone: (02) 4320 2114 Fax: (02) 4320 2020 Coffs Harbour Sexual Health Clinic Cnr. Boambee & High Street, Coffs Harbour NSW 2450 Phone: (02) 6659 1916 Fax: (02) 6659 1454
• NSW Health Department’s Public Swimming Pool and Spa Pool, Protocol for Minimising Risk of Cryptosporidium Contamination • Health & Safety Guidelines for Brothels in NSW, WorkCover NSW
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1
Hawkesbury Sexual Health Clinic 108 March Street Richmond NSW 2753 Phone: (02) 4578 1622 Hunter Sexual Health Clinic 5th Fl., McCaffrey Wing, Royal Newcastle Hospital Cnr King & Pacific Streets, Newcastle NSW 2300 Phone: (02) 4923 6909 Fax: (02) 4923 6572 Kirketon Road Centre (entrance Victoria Street) 100 Darlinghurst Road, Kings Cross NSW 2011 Phone: (02) 9360 2766 Fax: (02) 9360 5154 Manly Sexual Health Service 8/18 Whistler Street, Manly NSW 2095 Phone: (02) 9977 3288 Fax: (02) 9977 3347 North Shore Sexual Health Clinic Herbert Street, Royal North Shore Hospital Pacific Highway, St Leonards NSW 2065 Phone: (02) 9926 7414 Fax: (02) 9901 3530 Macquarie Area Sexual Health 194 Brisbane Street, Dubbo NSW 2830 Phone: (02) 6885 1700 Fax: (02) 6884 4315 Nepean Sexual Health and HIV Clinic (Nepean Hospital) PO Box 63, Penrith NSW 2751 Phone: (02) 4724 2507 Fax: (02) 4724 2620 Nowra Sexual Health Clinic Shoalhaven District Memorial Hospital Shoalhaven Street, Nowra NSW 2541 Phone: (02) 4423 9353 Fax: (02) 4423 9392
1
Queanbyan Sexual Health Clinic 26 Anthill Street, Queanbeyan NSW 2620 Phone: (02) 6298 9233 Fax: (02) 6299 6920 Riverina Sexual Health Service 10 Yabtree Street, Wagga Wagga NSW 2650 Phone: (02) 6938 6492 SHAIDS PO Box 419, Lismore NSW 2480 Phone: (02) 6620 2980 South Eastern Sexual Health Service Locked Mail Bag 11, Goulburn NSW 2580 Phone: (02) 4827 3913 Fax: (02) 4827 3943 St George Sexual Health Clinic Gr. floor, Pritchard Wing Short Street, Kogarah NSW 2217 Phone: (02) 9350 2742 Fax: (02) 9588 7521 Sydney Sexual Health Centre (Sydney Hospital) PO Box 1614, Sydney NSW 2001 Phone: (02) 9382 7440 Fax: (02) 9382 7475 Taree Sexual Health Clinic 22 York Street, Taree NSW 2430 Phone: (02) 6551 1421 The Livingstone Rd. Clinic 182 Livingstone Road, Marrickville NSW 2204 Phone:(02) 9560 3057 Fax: (02) 9568 3335
Parramatta Sexual Health Clinic 158 Marsden Street, Parramatta NSW 2150 Phone: (02) 9843 3111 Fax: (02) 9893 7103 Port Kembla Sexual Health Clinic (Port Kembla Hospital) PO Box 21, Warrawong NSW 2502 Phone: (02) 4276 2399 Fax: (02) 4276 2521
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APPENDIX
2
HEALTH AND SAFETY CHECKLIST A health and safety checklist is a practical guide that lists some of the health and safety issues which should be addressed at the workplace. Employers have a legal responsibility and duty of care to provide a safe workplace for workers, visitors and customers. The checklist is not exhaustive but provides a minimum guide for hazard prevention in your workplace. To assist with the identification of hazards, various publications and resources have been listed at the end of this section for further reference. Also, there are many Australian standards available that can assist in developing health and safety policies. These are available from Standards Australia. Also, many publications and Codes of Practice are available from WorkCover NSW or through their web site at www. workcover.nsw.gov.au.
Yes / No
Yes / No Yes / No Yes / No
Yes / No Yes / No
SECTION 1.
Yes / No Yes / No
Yes / No Yes / No
Occupational Health & Safety (OHS) Policy & Program An OHS Policy has been developed Employees have received instruction about the Occupational Health and Safety Policy Regular refresher training is conducted for staff on program/manual requirements Management and workers are aware of responsibilities under the OHS legislation
Yes / No Yes / No Yes / No Yes / No
Yes / No
Workers Compensation and Injury Management program A current workers compensation insurance policy is in place for all workers A summary of the Workplace Injury Management and Workers Compensation Legislation displayed in the workplace A register of injuries book is available The insurance company is contacted within 48 hours following a significant workplace injury (where a worker will be away from normal duties for more than 7 days]
Induction Training New workers are required to present a medical assessment prior to commencing employment A formal induction training program has been developed for all new employees/contractors There is ongoing education in safe sex practices
SECTION 4. Accident and Incident Investigation Procedures exist to investigate all accidents Formal reporting systems are in place to report all accidents and incidents
SECTION 5. Yes / No Yes / No Yes / No
SECTION 2.
Workers compensation forms are forwarded to the insurer within 7 days All accidents that result in a worker having 7 consecutive days off from their normal duties through illness or injury are reported to WorkCover NSW on an Accident Report Form (including death). Wages records are kept for seven years A formal return to work program (rehabilitation) has been developed and displayed in the workplace Suitable duties based on medical advice should be assigned to workers returning after injury or illness
SECTION 3.
The following checklist is derived from the Health and Safety Guidelines for Brothels in NSW and WorkCover NSW standard checklist for businesses. You can use it to help identify hazards in your workplace. Employers should take a risk management approach, that is, to identify all hazards, assess their potential for injury, and then implement measures to control the hazard.
Yes / No Yes / No
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2
Yes / No
Yes / No
Yes / No Yes / No
Emergency Management Potential emergency hazards are identified such as fire, explosion, chemical leakage etc. An evacuation procedure has been developed and regular drills are conducted Communication by mobile phone or pager is available to staff required to work alone or on escort Procedures are in place to ensure that staff working alone will be assisted if injured or in an emergency situation Fire safety Fire escapes and signage comply with Local Government Regulations Appropriate fire extinguishers are available, signposted and suitably located in the workplace
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2
Yes / No Yes / No Yes / No
Yes / No Yes / No Yes / No Yes / No Yes / No Yes / No Yes / No Yes / No Yes / No Yes / No Yes / No
Yes / No
Yes / No Yes / No Yes / No Yes / No
Yes / No Yes / No
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Staff are trained in the use of fire extinguishers Fire escapes are kept clear at all times An emergency evacuation plan is in place and regular drills are conducted Personal protective equipment (PPE) PPE such as condoms, lubrication, dams, linen etc is provided free to workers Staff are trained in true use, inspection and maintenance of all PPE All areas where PPE are kept are signposted and PPE is stored in a safe area away from direct sunlight Condoms are provided in a variety, of sizes and thickness Condoms are Australian Standards compliant Condoms are stored away from light and heat Condoms are checked for their use by date Drug, Alcohol and Smoking A written workplace drug, alcohol and smoking policy has been developed Staff are aware of the consequences of failing to comply with the workplace drug, alcohol and smoking policy Specific guidelines are in place for disciplinary procedures such as warnings, dismissal etc. A non-smoking indoor area is provided or partitioned to prevent health risks from passive smoking to non-smoking staff and clients Risk of passive smoking in partly enclosed areas has been assessed as to the adequacy of natural ventilation eg: gardens, verandahs Hazardous Substances All hazardous substances are identified All containers of hazardous substances are adequately labelled Waste, and hazardous substances are disposed of properly Ongoing Training, Education and Supervision Refresher training is provided to all employees / contractors, on issues including, safe sex, first aid procedures, CPU in case of heart attack or overdose, sexually transmitted infections etc Adequate methods of supervision are provided in the use of PPE, cleaning and other policies and procedures Educational material on safe sex and HIV & STDs is provided in key languages
2
SECTION 6. Yes / No Yes / No Yes / No Yes / No
STD and Infectious Disease control Infectious disease control measures are observed Safe sex is the basis for all sexual activity eg. mandatory condom use with water based lubricants, dams Information and training is provided to workers on HIV/AIDS, Hepatitis A, B, C and (sexually transmitted diseases) Access to sexual health services such as SWOP and/or sexual health clinics is encouraged
SECTION 7. Yes / No Yes / No Yes / No Yes / No
Building maintenance and electrical safety Electrical installations comply with Australian Standards AS3000 Electrical Installations All repairs to electrical equipment are carried out by a licensed electrician or authorised electrical service agent Extension leads are kept off the floor to prevent damage or are protected if they do lie on the floor to avoid trips All floors are slip resistant, free from holes and other obstructions that could cause a person to trip or stumble
SECTION 8. Yes / No Yes / No Yes / No
First Aid First aid kits are available to employees within 100 metres of their workplace A person holding a current first aid certificate is in charge of a first aid kit where more than 25 people work The contact name, phone number and work location of the person in charge has been signposted near a first aid kit or first aid room
SECTION 9. Yes / No Yes / No
Yes / No Yes / No
HIV and Other Blood Borne Diseases A program has been developed to prevent transmission of HIV and blood borne pathogens in the workplace A risk assessment has been conducted to evaluate the health and safety risks to employees arising from exposure to blood or bodily fluids Confidentiality of records of workers exposed to blood or bodily fluids is maintained Staff have been trained regarding HIV and blood borne pathogens management, confidentiality and legal requirements under Public Health legislation
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2
Yes / No
A system is in place to provide counselling and rehabilitation to workers injured through exposure to blood or bodily fluids
SECTION 10. Yes / No Yes / No
Bar and Food Preparation Areas All equipment is turned off and plugs removed from power points prior to cleaning Any broken glass, liquids, fats or oil spills on the floor are cleaned up immediately
SECTION 11. Yes / No Yes / No Yes / No Yes / No
2
SECTION 14. Yes / No
Yes / No Yes / No
SECTION 15. Office Environment Air temperature is in the range of 21-24 degrees celsius The building is well ventilated in warm weather or has a reliable air conditioning system Air conditioning units, filters and ducts are regularly inspected and maintained to ensure clean safe air flow The building is adequately heated in cooler weather
Yes / No Yes / No Yes / No Yes / No
Yes / No
Lighting Good lighting is used for the examination of clients eg: 75 watt globe, swivel head lamp, meet Aust. Standards
Yes / No Yes / No
SECTION 12. Yes / No Yes / No Yes / No Yes / No
Workplace Conditions Shift workers have been assessed to determine any health effects from permanent shifts and rotating rosters There are adequate rest breaks There is no coercion to work as a sex worker or inducement to practice unsafe sex The workplace allows the entry of authorised persons from Council, WorkCover NSW, NSW Health, unions and other relevant health services
Yes / No Yes / No
Yes / No Yes / No
Yes / No Yes / No
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Stress A program is in place that identifies, assesses and controls stress in the workplace A conflict resolution policy has been developed to reduce the potential for serious conflict Counselling is provided to staff who have been subjected to a traumatic incident
Clients There is written information for clients on HIV/ Hepatitis A, B, C and sexually transmitted infections The information is provided in a variety of key languages and is medically accurate There is information for clients on the OHS rules of the house eg. laminated A4 sign There is provision to refer clients with visible STDs to sexual health clinics eg. client cards Clients are examined by a sex worker prior to each sexually encounter to detect an STD. Sex workers can refuse to see a client with a visible sign of an STD
SECTION 16.
SECTION 13. Yes / No
Violence / Security Control measures are developed to reduce or prevent violence and abuse eg. security alarms, security screens, security lighting, well lit parking facility, hidden safes, security guards, video surveillance, panic buttons in rooms, cash handling procedures, escort procedures Training is provided to staff on how to deal with violence and abuse Clients are screened on admission to the premises
Yes / No
Yes / No
Medical Treatment Sex workers are immunised against Hepatitis A & B Sex workers are required to undertake a sexual health assessment at a recognised GP or sexual health clinic (or family planning association) Sex workers are required to provide certificates of attendance for sexual health assessment There is a health policy for new workers or when a worker has a high risk incident eg. condom breakage, needle stick injury The employer pays for the medical check (except where it is free) and for the employee’s/contractor’s time while undergoing treatment Medical certificates are confidential
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Yes / No Yes / No Yes / No Yes / No Yes / No Yes / No Yes / No Yes / No
Yes / No
General Cleanliness and Hygiene Baths, showers and toilets are cleaned, regularly or more frequently if necessary Appropriate cleaning aggents are used There is liquid soap and single use towels/air dryer at each hand basin Clean bed linen is provided for each client Clean towels are provided for each client and worker Separate clean and used linen receptacles are provided A method of washing linen with detergent at 7 degrees celsius water temperature or laundry service used Disinfection of swimming pools, spas and jacuzzi performed in line with NSW Health Public Swimming Pool and Spa Pool Guidelines, 1996 Sex toys and other equipment is cleaned after each use according to the manufacturer’s instructions.
SECTION 18. Yes / No Yes / No Yes / No
Sanitary Facilities Running water is provided Separate toilet and washing amenities for staff and clients are provided Adequate provision of drinking water for staff is provided
SECTION 19. Yes / No
Yes / No Yes / No
Storage and Handling of Waste Receptacle for used condoms, tissues, dams etc is provided in each work room. The disposal container has a closed lid so that smells do not emanate from the waste disposal Sharps container is provided for staff/clients if necessary Final disposal of all waste is carried out through waste disposal service or other appropriate means that comply with local government authority
SECTION 20. Yes / No
Yes / No
3 APPENDIX
2
SECTION 17.
A MODEL OHS POLICY Statement of Intent The Workplace Health and Safety Policy of (business name) is to protect workers and visitors to our workplace from work related injury and illness. Responsibility Owners and Managers will carry out this Policy and be responsible for the health and safety of all persons working in any operation under their control. They will ensure that duty managers, supervisors or receptionists are provided with the necessary instruction, training and resources to implement the Policy. Duty Managers, Supervisors or Receptionists and all persons directing the work of others are responsible for the health and safety of all workers under their supervision. They will take steps to identify hazards that could cause harm to any person in their workplace and take prompt action to control them or report them to another person who can deal with them. Workers must take care of their health and safety and that of their fellow workers and clients. They must follow all health and safety rules and procedures and attend instruction and training from their owners, managers or supervisors. They must not misuse work equipment and must report all hazards and injuries or ill health caused through work to the duty manager, supervisor or receptionist in charge. Owners, managers and supervisors may delegate health and safety duties to others but the responsibility remains with them as above. Workers are entitled to appoint an occupational health and safety representative or convene an occupational health and safety committee. (Here insert any special requirements applying to the type of business. For example, a Massage Parlour may wish to insert a statement about care for the safety of customers who come to the premises to use equipment or services including full body massage and other services, or use of spa, sauna or other equipment.)
OHS Committee / Representative Workers have set up an occupational health and safety committee or have nominated an occupational health and safety representative Workers co-operate with employers in meeting their OHS obligations eg: use of PPE, safe systems of work are followed
Sources: Health and Safety Checklist, Bill Keenan, Lismore Office, WorkCover NSW; Health and Safety Guidelines for Brothels Checklist, Centre for Public Health, Albury; Health and Safety Guidelines for Brothels In NSW, NSW Health and WorkCover NSW.
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3
IMPLEMENTING THE POLICY This Policy is carried out through an OHS Program which includes : 1. Active involvement and commitment of owners and managers 2. Identification, control and monitoring of hazards 3. Investigation and reporting of all accidents and dangerous incidents 4. Provision of workers' compensation and the development of a return to work program for 'deemed' workers 5. Consultation with, and participation of, workers in health and safety prevention strategies 6. Provision of first aid and emergency procedures 7. Provision of information, training and supervision as necessary 8. Provision of educational material or OHS rules for customers 9. Provision of an OHS induction program for new workers 10. Provision of information in other key languages as deemed necessary.
REVIEW This Policy will be reviewed when there are changes in legislation, or when business operations require it. If changed, workers will be consulted and notified of the changes.
AUTHORISATION AND DATE
Signed: ................................................................................................. Date:
.................................................................................................
Source: Why Bother? An OHS implementation guide for managers of small manufacturing businesses, WorkCover NSW
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