Our business is implementing novated leases for senior management. I believe that vehicles are considered a workplace for work health and safety (WHS) and workers’ compensation purposes. Is this correct? Where do I find guidance on how to meet our obligations in regard to the vehicles? Our business is in NSW.
Section 8 of the Work Health and Safety Act 2011 (NSW) broadly defines a workplace as “a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work”. The legislation specifically includes vehicles in the definition of place.
Therefore, your work health and safety obligations will extend to workers using vehicles under novated leases if work will be performed in these vehicles.
You should obtain advice from your insurer in respect of your workers’ compensation obligations and the specific operations of your business.