Do we require a fire warden, and do they need training?

GWe would like to have a fire warden on site to ensure we meet WHS obligations, however none of our employees have agreed to take on the role. Can we force someone to be a fire warden?


This question was sent to the Ask an Expert service at Australian Business Consulting and Solutions


What can we do if no one wants to be a fire warden on site? Do we refer to our employees’ contracts that state they will comply with all our company WHS responsibilities?


work health and safety (WHS) legislation does not explicitly refer to fire wardens so there is no actual obligation to have a fire warden. However, health and safety law does include a requirement to manage risks to health and safety, including risks from fire.+


The law also requires workers to comply, so far as they are reasonably able, with any reasonable instruction they are given by the employer to allow the employer to comply with health and safety laws. Workers must co-operate with any reasonable policy or procedure of their employer, as long as they have been told about that policy and procedures.


Policy important
It follows therefore that if the employer has a policy to manage the risk of fire by appointing a fire warden (among other measures such as providing all workers with information about what to do in the event of fire, having regular evacuation drills, etc), specifying the fire warden’s role and providing training in that role, then workers must cooperate with that policy and all associated procedures.


If the employer has decided, after assessing fire risks and consulting workers, that the appointment of a fire warden is part of the employer’s strategy for managing the risk, an employee who is appointed fire warden must cooperate and comply with instructions.


Cooperation
An employee has this obligation under health and safety law, and if the employee’s contract with the company also states that they must comply with the company’s WHS responsibilities, then this just reinforces the employee’s obligation to cooperate.

It would probably assist employees in understanding their obligation if the situation outlined above was included in the company’s health and safety policy and employment contracts.


This article was originally posted on Workplace OHS a part of NSW Business Chamber – Australian Business Consulting and Solutions has a dedicated team of WHS/OHS experts who can assist you with your specific WHS/OHS issues and problems.

Contact Us

Zenergy News

February 11, 2025
A workplace health and safety regulator has explained what the "safest workplaces" look like, in revealing it finalised more than 100 successful safety prosecutions in 2024.
February 11, 2025
Two years after the release of the groundbreaking 2022 Everyday Respect Report, Rio Tinto has undertaken a thorough Progress Review to assess its ongoing cultural transformation. As one of the world’s largest mining companies, Rio Tinto has been working to create a safer, more inclusive workplace culture that fosters respect, productivity, and innovation. The 2024 Progress Review highlights significant strides made, ongoing challenges, and areas requiring further attention. The Journey Towards Cultural Transformation Cultural change is a multi-year effort that requires consistent leadership, structural support, and engagement across all levels of an organization. Since launching its Everyday Respect initiative, Rio Tinto has embedded this agenda into its core business strategy, focusing on reducing bullying, sexual harassment, and racism in the workplace. Key Progress Areas: Increased Awareness and Open Conversations: The public release of the original report acted as a catalyst for change, encouraging more employees to speak up and engage in discussions about respect. Stronger Leadership Commitment: Leaders are playing a more proactive role in championing Everyday Respect, with a focus on psychological safety and inclusive leadership. Enhanced Training and Education: Programs such as Everyday Respect Training and Purple Banners have been widely implemented to build awareness and response capabilities. Facility Upgrades and Safety Improvements: Investments in workplace infrastructure have improved the physical environment, making it more inclusive and conducive to employee well-being. Greater Workforce Diversity: There has been a notable increase in gender and cultural diversity across teams, fostering innovation and improved workplace dynamics. Ongoing Challenges and Areas for Improvement Despite progress, resistance to change remains an obstacle, particularly among certain groups. Survey data indicates that while improvements have been perceived in many areas, instances of bullying, sexual harassment, and racism persist. Key focus areas include: Building Stronger Buy-in: Engaging those who are resistant to cultural change, particularly male employees, to foster a collective commitment to Everyday Respect. Enhancing Reporting Mechanisms: Increasing trust in reporting systems to ensure that employees feel safe and supported when raising concerns. Strengthening Frontline Leadership: Providing additional training and tools to equip supervisors and managers with the skills needed to drive culture change at all levels. Maintaining Momentum: Ensuring that Everyday Respect remains a priority in the face of organizational changes and external pressures. Looking Ahead: Staying the Course The findings from the 2024 Progress Review reaffirm Rio Tinto’s commitment to long-term cultural transformation. While meaningful progress has been made, continued efforts are needed to sustain positive momentum and address persistent challenges. As one employee noted: “ Change is definitely happening, and it will get hard at times. We can’t back away ... I’m here at Rio Tinto because I want to see through this change. We need to stay the course. ” With ongoing leadership, engagement, and strategic initiatives, Rio Tinto is on the path to embedding Everyday Respect across all facets of its global operations, ensuring a safer, more inclusive, and more productive workplace for all employees. See full report “ here ”.
By Shazamme System User October 8, 2024
Australia's dating apps are getting a safety makeover.
By Shazamme System User October 8, 2024
National Safe Work Month
September 19, 2024
Meet the Outstanding 2024 Winners
Australia's highest WHS fine, for manslaughter, becomes law
September 19, 2024
NSW's industrial manslaughter laws
More Posts
Share by: