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Introduction

The Health and Safety in Employment Act 1992 requires that the Department of Corrections take all reasonable and practicable steps to prevent harm to offenders from excessive exposure to sun. Sunstroke and melanoma, for example, are common conditions that fall into the Act’s definition of harm.

Supervisor’s responsibility

In fine weather, the community work supervisor should strongly encourage all offenders on outdoor work projects to:

  • wear sun block lotion and hats
  • wear clothing which protects their skin, and
  • avoid removing such protection (e.g. taking off a shirt when hot).

The CWC should provide sun block lotion for offenders who do not supply their own.

Enforcement of self-protection

Offenders who fail to observe recommendations to protect themselves may still be able to attempt to bring court action against CPPS if they suffer melanoma or sunstroke as a result of their work on a work project.

Offenders will have been clearly informed at induction of the risks. Remind them that a failure to follow instructions to protect themselves could attract an enforcement or breach action.

Legislative reference: Health and Safety in Employment Act 1992.


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