If you have workers working in regional and remote areas, you need to provide accommodation for workers while the work is being carried out. An example of such arrangements would be where accommodation is provided to fruit-pickers during the harvesting season, shearers on a sheep station, workers engaged in construction work at a remote location, or rural/farming or fly-in fly-out scenarios.
There are several factors you should consider when providing accommodation, including whether the work activity is in a metropolitan, regional or remote area and whether temporary or permanent accommodation will be used.
If you provide accommodation for workers and own or manage the accommodation you must, so far as is reasonably practicable, maintain the premises so that the worker occupying it is not exposed to health and safety risks.
Accommodation should be separated from hazards at the workplace likely to adversely affect the health and safety of a worker using the accommodation. The accommodation facilities should also:
- be lockable, with safe entry and exit
- meet all relevant structural and stability requirements
- meet electrical and fire safety standards
- have a supply of drinking water
- have toilets, washing and laundry facilities
- be regularly cleaned and have rubbish collected
- be provided with sleeping quarters shielded from noise and vibration
- have crockery, utensils and eating facilities
- have lighting, heating, cooling and ventilation
- have storage cupboards and other furniture
- be provided with a refrigerator or cool room
- have all fittings, appliances and equipment in good condition.
Employer provided accommodation
Residential premises are considered to be employer provided accommodation when:
- the residence is owned by or under control of the employer, also known as a person conducting a business or undertaking (PCBU)
- the residence is situated outside the metropolitan area or a gazetted townsite (including ‘cities’ such as Bunbury)
- the occupancy of the premises is necessary for the purposes of employment because no other accommodation is reasonably available in the area.
The obligation does not apply where there is a written agreement that is a lease (otherwise known as a tenancy agreement) or lease like arrangement.
If the obligation applies to premises, then it also applies to land and outbuildings that are intended to be used in connection with that premises (for example separate laundry facilities or outside showers).
What sorts of things do PCBUs have to consider?
If you provide residential accommodation that falls into the categories covered by the change, you need to make sure that as far as practicable, the accommodation is maintained in a safe and healthy condition so that employees are not exposed to hazards at the premises. What is reasonable in the circumstances should also be taken into account. For instance, what is expected in a situation involving mustering or fencing camps on a remote station would be different from what might be provided in a fixed building at the homestead.