Importantly, section 74 of the OHS Act states:

Direction to cease work

(1) If—

(a) an issue concerning health or safety arises at a workplace or from the conduct of the undertaking of an employer; and

(b) the issue concerns work which involves an immediate threat to the health or safety of any person; and

(c) given the nature of the threat and degree of risk, it is not appropriate to adopt the processes set out in section 73—

the employer or the health and safety representative for the designated work group in relation to which the issue has arisen may, after consultation between them, direct that the work is to cease.

(2) During any period for which work has ceased in accordance with such a direction, the employer may assign any employees whose work is affected to suitable alternative work.

If workers are performing work outside during a very poor air quality day this could constitute an immediate threat to the health and safety of the person and result in a stoppage of work. A consultation including the health and safety representative should occur to assess the immediacy of the threat. Where a stoppage of work occurs, employees could be directed to suitable alternative work if such work exists.

Should staff be paid?

• The OHS Act nor the statement does not provide any information about payment for staff.
• The Fair Work Act 2009 states that an employer may stand down employees without pay when there is a stoppage of work that the employer cannot reasonably be held accountable for (Fair Work Act 2009 – s. 524).

The Victorian Trades Hall Council (VTHC) has issued a statement recommending that all “non-critical outdoor work” be suspended when air quality is deemed to be ‘very poor’ according to the EPA Air Quality Index.

When it comes to breaching OHS regulations, the stakes are high. Keep staff up to date and your workplace safe. Attend our OHS Law for Managers course bolster your understanding of the key elements and principles of the OHS Act and ensure your organisation is compliant with the duties set out by the Act.

For further information and assistance on any aspect of your employment obligations, please call the Victorian Chamber Workplace Relations Advice Line on (03) 8662 5222.