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HRP12: Fitness for Work

Section 1 - Purpose and Scope

(1) The purpose of this procedure is to ensure the management of risks associated with fitness for work and fatigue at Southern Cross University (SCU) are appropriately managed and controlled. 

(2) The purpose of this procedure is to ensure Southern Cross University’s management, employees, contractors, students, visitors and others are aware of the risks associated with fitness for work and fatigue in the workplace, management strategies and to provide advice on appropriate controls. 

(3) All employees, students and others including both independent contractors and contractors under SCU control are to be made aware of and follow this procedure. 

(4) This Procedure applies to all SCU Work Units and sites. The procedure aligns with WHS legislation in the relevant jurisdictions SCU operates in. 

(5) This procedure outlines a Fatigue Risk Management System (FRMS) and includes responsibility and governance; training and education; risk assessment and mitigation; and monitoring and evaluation. 

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Section 2 - Definitions 

Days between Resets 
Number of consecutive shifts. 
Disciplinary Procedure 
Actions that are taken when an employee has unsatisfactory work performance. 
Employee Assistance Program (EAP) 
A confidential, professional counselling service available to SCU employees. 
Fatigue 
A state of mental and/or physical exhaustion that reduces a person’s ability to perform work safely and effectively.  
Fit for Work 
An individual is in a state, (physically, mentally and emotionally) which enables the employee to perform assigned tasks competently and in a manner that does not compromise or threaten the safety or health of themselves or others. 
Short Break Duration 
Time between shifts. 
Sufficient sleep 
At least 5 hours of sleep in the previous 24 hours, and at least 12 hours of sleep in the previous 48 hours. 
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Section 3 - General Principles 

(6) It is SCU’s duty of care to ensure that all individuals are fit for work while they are on undertaking activities on SCU’s behalf.  

(7) Fitness for work may be affected by:  

  1. Medical Conditions  
  2. Use of Alcohol and Other Drugs  
  3. Fatigue  

(8) If it is believed that an individual may not be fit for work, intervention is necessary to manage the risk to health and safety. 

Medical Conditions 

(9) If an employee has a medical condition that could affect their fitness for work, they must inform their supervisor about the potential impact of the condition on their work. However, the employee is not required to disclose confidential medical information that does not affect their ability to perform their duties safely and effectively. 

(10) Special attention should be given to the appropriate use of medication. Individuals must ensure that both prescription and non-prescription medications are taken safely. This includes: 

  1. Discussing with the prescribing medical practitioner the nature of their duties and understanding any possible side effects of the medication that may impact their safety or performance at work. 
  2. Notifying their manager or supervisor of any medication they are taking that could affect their safety or performance at work. 
  3. Taking medication strictly under the medical practitioner’s or manufacturer’s recommendations. 
  4. Reporting any side effects that may impact their safety or performance at work to both their medical practitioner and their manager or supervisor. 

Alcohol & Drugs 

(11) Employees must ensure they are fit for work by managing their drug and alcohol use. This entails: 

  1. Complying with the conditions and terms outlined in the SCU Code of Conduct. 
  2. Ensuring that any prescription or non-prescription medication is taken safely and does not cause impairment. 

Fatigue 

(12) SCU operates under a shared responsibility framework for fatigue management. This framework outlines a dual duty of care. It is the responsibility of SCU to: 

  1. Develop and maintain appropriate safe systems of work. 
  2. Ensure that rosters provide sufficient time away from the workplace for employees to have enough sleep. This may include both bio-mathematical modelling and roster dimension analysis and must take into consideration workgroup and employee circumstances. 
  3. Provide appropriate fatigue training for employees, managers, supervisors, and schedulers. 
  4. Ensure that there is at least one appropriately qualified individual to oversee the development, implementation, and monitoring of the FRMS. 
  5. Ensure that appropriate consultation is undertaken concerning rostering, fatigue risk management, and the implementation of new systems. 
  6. Develop achievable milestones for the implementation of FRMS requirements, including specific deliverables and deadlines. 

(13) It is the responsibility of employees to: 

  1. Undertake relevant training and education as determined by SCU. 
  2. Implement and utilise relevant fatigue risk management documentation. 
  3. Adhere to the fatigue risk management procedure. 
  4. Use time away from work to obtain sufficient sleep. 
  5. Use appropriate channels to report if they have either had insufficient sleep in the previous 24 or 48 hours or if they are experiencing any signs or symptoms of fatigue. 

Rostering Hours of Work Guidelines  

(14) Ordinary hours of duty for professional staff employees will be 35 per week, to be worked during the normal hours of operation of the University, between 9.00am to 5.00pm, Monday to Friday inclusive (as per EA 2024: Clause 430). 

(15) The hours of work for employees working shifts will be 35 hours per week, averaged over a 12-week period (as per EA 2024: Clause 461). 

(16) Shift patterns may be fixed or rotational provided that no roster will be established requiring an employee, including a casual employee, to work a fixed night shift.  The standard shift duration to be worked on any day will be a maximum of 10 hours, but by agreement may be extended to a maximum of 12 hours.  The minimum shift duration to be worked on any day will be four hours.  Subject to the variation of the maximum shift duration in accordance with clause. No employee will be required to work more than four 10-hour shifts in any one week (EA 2024 Clauses 463-466). 

(17) No employee will be required to work more than five 4–8-hour shifts in any one week.  There will be a minimum 10-hour break between concluding one shift and commencing the next shift.  

(18) There may be instances where an employee is directed to resume duty without having taken a 10-hour break between shifts, including a situation where the employee did not have a 10-hour break because they were required to work overtime at the end of the preceding shift (as per EA 2024 Clauses 467 and 468)  

Overtime Guidelines  

(19) Wherever practicable, employees will be given 48 hours’ notice of the requirement to work overtime. An employee is entitled to refuse the requirement to work overtime if the overtime would be unreasonable having regard to any risk to the employee’s health and safety, and the employee’s personal circumstances, including any family responsibilities.  

(20) The University does not condone or encourage employees working unreasonable overtime. Unreasonable overtime is defined as working more than 20% of an employee’s ordinary hours averaged over three months (as per EA 2024 Clauses 411 and 412).

(21) Maximum of 12 hours worked continuously, (overtime and ordinary hours) with a minimum break of 10 hours after the cessation of overtime. 

(22) Any occurrence of an employee working more than 12 hours must complete an Incident report in RiskWare. 

Training and Education 

(23) There are four levels of training:  

  1. employee training,  
  2. leader, supervisor,  
  3. scheduler training, and 
  4. training of a FRMS suitably trained individual.  

(24) Training should be conducted per the Fatigue Management Training and Education Scope. 

Risk assessment and mitigation 

(25) Risk assessments must be performed if the Rostered Hours of Work guidelines are exceeded or before they are exceeded.  

(26) Any employee demonstrating any signs of fatigue must complete a Fatigue Risk Assessment as described in this section and an Incident report must be recorded in RiskWare.  

(27) Note: Where an employee has had fewer hours of sleep than 5 hours in 24 hours or 12 hours in 48 hours, they must report to their manager/supervisor and complete a fatigue risk assessment. 

Fatigue likelihood 

(28) To calculate an individual fatigue likelihood score, use the one-minute fatigue self-assessment ‘Fatigue Safe’ app. Speak to your supervisor to discuss controls if you rating is amber or greater. 

Fatigue Monitoring and evaluation 

(29) Monitoring and evaluation must be undertaken to ensure that: 

  1. The fatigue risk management system as outlined in this document is functioning as intended (i.e. is fatigue risk being managed under this procedure - compliance). 
  2. And is effectively mitigating the risk of fatigue-related errors (functionality). 

(30) In determining compliance and functionality, the following metrics should be used: 

  1. Actual hours of work compared with planned rosters. 
  2. Overtime. 
  3. Fatigue Risk Assessments. 
  4. Hazard, incident, and injury data. 
  5. Use and efficacy of control measures. 
  6. FRMS compliance data; and 
  7. Further opportunities for improvement. 

Support for Fitness to Work 

Management of an Employee Not Fit for Work 

(31) If an employee is identified or assessed as unfit for work, the Manager will determine the proof needed to manage the fitness for work issue and decide under what circumstances the employee can return to work. Fitness for work management may include: 

  1. Restrictions or modifications of duties/tasks. 
  2. Provision of alternative duties, if available. 
  3. Time off from work. 
  4. Case management will align with SCU’s Injury & Illness Rehabilitation Process and Non-Work-Related Injury & Illness Rehabilitation Process where appropriate. 
  5. Modified or restricted duties allow employees to return to work or stay at work while performing tasks appropriate to their functional capabilities. 
  6. Provision of Alternative Duties, if Available 
  7. Temporary or permanent medical deployment may be considered when an injured worker cannot fully and safely perform their usual duties. 
  8. Time Off from Work 

(32) If employees cannot work and suitable duties are unavailable, they will use accumulated personal leave. If no personal leave is available, they can use annual leave, rostered days off, or flex time. If all leave entitlements are exhausted, the employee will be placed on leave without pay. 

Disciplinary Action 

(33) The Fitness for Work Procedure aims to support employees in addressing fitness issues. However, ongoing fitness issues, refusal to attend medical assessments, or breaches of this procedure may lead to disciplinary action. Procedures outlined in the SCU enterprise agreement will be followed before taking disciplinary action against an employee for misconduct or serious misconduct. 

Employee Treatment and Support 

(34) Some employees may need treatment and support for illness, injury, fatigue or substance abuse. Employees needing assistance, or identified by SCU management as needing assistance, will be encouraged to seek help through: 

  1. Employee Assistance Program 
  2. Rehabilitation and Return to Work Coordinators 
  3. External Medical Practitioners 

Education and Awareness 

(35) Employees, contractors, and visitors will be informed of this procedure during induction and throughout their employment. 

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Section 4 - Roles and Responsibilities

University Council  

(36) The SCU Council has the following WHS responsibilities: 

  1. Demonstrate commitment to WHS and set examples for employees. 
  2. Ensure regulatory compliance with standards and procedures. 
  3. Maintain WHS management systems meeting policy, legal, and regulatory requirements. 
  4. Review WHS risks periodically and consider implications in decisions. 
  5. Oversight of the development and alignment WHS strategy with university objectives. 
  6. Agree on and monitor WHS objectives, targets, and performance. 
  7. Provide adequate WHS training and resources for roles. 
  8. Review and learn from WHS incidents and trends and ensure corrective actions. 
  9. Ensure  crisis management processes for incidents are implemented. 
  10. Cooperate with regulators and WHS Manager on legislative requirements. 
  11. Monitor and report WHS performance, maintain relevant records, and track progress against objectives. 

Operational Responsibilities 

(37) The SCU Vice Chancellor has the following WHS responsibilities: 

  1. Foster a positive WHS culture with continuous improvement and leading by example. 
  2. Appoint competent resources for WHS roles based on risk profile, including an advisor for WHS duties. 
  3. Allocate resources for WHS systems and training for direct reports. 
  4. Manage key stakeholder and regulatory relationships. 
  5. Comply with WHS legislative requirements and collaborate with authorities. 
  6. Ensure compliance with WHS policy and legal requirements is monitored through plans and reviews. 
  7. Take actions to achieve WHS objectives and address deficiencies. 
  8. Implement disciplinary measures for WHS breaches as needed. 

Vice Presidents/Pro/Deputy Vice-Chancellor 

(38) Vice Presidents/Pro/Deputy Vice Chancellors have the following WHS responsibilities: 

  1. Be aware of, monitor and control critical hazards and controls applicable to their work unit 
  2. Ensure compliance with WHS policies, procedures by persons involved in their work unit’s undertaking. 
  3. Incorporate WHS risks in the Enterprise risk register and apply controls. 
  4. Provide oversight of Work Unit WHS performance, reporting, and sharing lessons from incidents. 
  5. Appoint and allocate appropriate WHS resources for risk management and training. 
  6. Foster a positive WHS culture, promote continuous improvement, and lead by example. 
  7. Cooperate with Regulators/Authorities and WHS to meet legislative requirements. 
  8. Review safety performance, discuss with management, and take corrective actions as needed, including disciplinary measures for WHS breaches. 

Head of Work Unit 

(39) The Head of the Work Unit has the following WHS responsibilities: 

  1. Ensure compliance with WHS policies, procedures, and controls. 
  2. Ensure WHS compliance, communication, and risk management. 
  3. Provide oversight for Work Unit WHS performance. 
  4. Promote a positive WHS culture and competency. 
  5. Manage WHS incidents and reporting. 
  6. Obtain and follow WHS professional advice. 
  7. Coordinate with regulators and WHS teams. 
  8. Conduct audit and assurance activities and ensure action on findings. 
  9. Engage with stakeholders on WHS matters. 
  10. Report accidents and incidents promptly. 
  11. Enforce disciplinary measures for WHS breaches. 

Managers and Supervisors 

(40) Managers and Supervisors have the following WHS responsibilities: 

  1. Ensure compliance with WHS policies, procedures, and controls. 
  2. Ensure access to competent WHS advice and training. 
  3. Provide resources and approval for safe activities. 
  4. Cooperate with regulators, WHS Manager, and Partners. 
  5. Monitor and act on regulatory visits and incidents. 
  6. Conduct assurance activities. 
  7. Engage stakeholders on safety matters as needed. 
  8. Report and record all WHS incidents promptly. 
  9. Review Work Unit WHS performance regularly. 
  10. Enforce disciplinary measures for WHS breaches. 

Employees 

(41) All employees have the following WHS responsibilities: 

  1. Complete required WHS training and stay updated. 
  2. Prioritise health and safety for oneself and others. 
  3. Ensure compliance with WHS policies, procedures, and control  
  4. Report WHS concerns promptly to relevant personnel. 
  5. Cooperate with SCU on WHS matters. 
  6. Understand and adhere to WHS procedures and risk assessments. 
  7. Notify relevant management of unsafe conditions or practices. 
  8. Work within established safety controls and systems. 
  9. Support WHS objectives and targets. 
  10. Use equipment only with proper training. 
  11. Wear issued PPE correctly. 
  12. Request additional WHS training if needed. 
  13. Follow instructions from authorities and supervisors. 
  14. Report accidents, defects, or hazards promptly. 
  15. Participate in audits and reviews as required. 
  16. To cease work if there is a reasonable concern of a serious risk or an immediate or imminent hazard poses serious risk to health and safety 
  17. To inform supervisor if work is ceased. 

WHS Team 

WHS Manager 

(42) The WHS Manager has the following responsibilities: 

  1. Develop and lead the University's health and safety strategy. 
  2. Implement and maintain WHS policies, procedures, and controls. 
  3. Provide oversight and reporting on WHS performance. 
  4. Develop and maintain WHS management systems. 
  5. Ensure compliance with legal and regulatory WHS requirements. 
  6. Assess and manage WHS risks effectively. 
  7. Promote visible leadership in WHS. 
  8. Communicate progress against WHS plans and objectives. 
  9. Ensure adequate WHS resources and training. 
  10. Provide WHS advice to management and maintain relationships with regulators. 
  11. Investigate and report accidents/incidents, sharing lessons learned. 
  12. Develop and monitor a WHS compliance assurance program. 
  13. Support SCU in new research, sites, and acquisitions. 
  14. Maintain accurate WHS data and reporting. 
  15. Regularly review and address WHS incidents and performance. 

WHS Business Partners  

(43) WHS Business Partners have the following responsibilities: 

  1. Assist work units with the application of procedures.  
  2. Support understanding and compliance with SCU standards and regulations. 
  3. Assist in WHS risk assessments and controls implementation. 
  4. Actively promote WHS culture and plans. 
  5. Maintain skills and stay updated on legal requirements. 
  6. Advise on WHS training needs. 
  7. Cooperate with regulators and WHS Manager on legal requirements. 
  8. Report incidents and support investigations. 
  9. Support WHS inspections, audits, and corrective actions. 
  10. Ensure accurate WHS data in RiskWare and meet reporting requirements. 
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Section 5 - Records of Documentation  

(44) All relevant documentation will be recorded and kept in accordance with WHS Legislation and other legislative obligations including:  

  1. Training records. 
  2. Risk assessment must be kept for 28 days after the work to which it relates is completed. 
  3. Notifiable incident: all records must be kept for two years after the incident. 
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Section 6 - Revision and approval history 

(45) This procedure will be reviewed as per nominated review dates or because of other events, such as: 

  1. Internal and external audit outcomes. 
  2. Legislative changes. 
  3. Outcomes from management reviews. 
  4. Incidents. 
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Section 7 - References 

Work Health and Safety Act 2011 
Work Health and Safety Regulation 2011 (QLD) 2017 (NSW) 
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Section 8 - Related Documents 

Code of Conduct 
SCU Enterprise Agreement 2024