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Was wondering about the legalities about setting up a few mats at the office to train a martial art during lunch breaks in Australia (NSW). Is it even possible? Would we have to get staff to sign some kind of waver?

Jameso
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    Occupational Health & Safety is an outdated term in Australia - the contemporary term is Work Health and Safety. – Dale M Apr 22 '22 at 03:01

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There is no problem with WHS law

Persons Conducting a Business or Undertaking (PCBU) can run sports. You would need to do all the normal things that PCBUs have to do: risk assessment, procedures, consultation, emergency response, first-aid facilities etc. to cover the activity but you’re running a business so that would just be an extension of what you already do.

If this is an employee only operation then you would need to decide if you are a PCBU and, if you are, WHS law applies. For example, a ju-jitsu club is a PCBU, a bunch of mates mucking around, isn’t. Of course, the risk is that you decide you aren’t, someone gets hurt or killed, the regulator decides you are and you get fined or jailed.

There is a risk that people injured would be eligible for Workers Compensation under the employer’s policy

If the Ju-Jitsu is “in the course of employment” then Workers Compensation will normally apply.

This is assessed on a case by case basis but if you are on the employer’s premises or it is an employer endorsed activity, it normally would be. Injuries suffered on a work break are normally covered unless you have, in some sense, “left” the employment. For example, if you went to a completely independent dojo or gym on another premises run by a different organisation, you probably aren’t covered by workers comp. If you get hit by a car crossing the road to buy a sandwich, workers comp probably applies.

Dale M
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  • "Hit by a car crossing the road to buy a sandwich, workers comp probably applies." Source? I was under the impression that leaving the place of business/work(for offsite work) was sufficient to remove one from worker's compensation. Presumably, the road is public property and thus constitutes "leaving", no? Now that I think of it, how does "working from home" work? But that's a separate question. – sharur Apr 22 '22 at 21:39
  • @sharur leaving to go home ends workers comp. Leaving with the intention of returning (i.e. a break) doesn’t. https://www.sira.nsw.gov.au/claiming-compensation/workers-compensation-claims/work-break-and-journey-claims – Dale M Apr 22 '22 at 22:05
  • Thanks legend. Good advice. Will have to think hard before purchasing mats for the office – Jameso Apr 22 '22 at 22:12
  • We are a company of software engineers and would be using the mats in our lunch breaks if that helps – Jameso Apr 22 '22 at 22:15
  • Argh of course the plumbers advice is better than the barristers, youre made for each other. You're going to waste your time and money when you don't need too. Why would you be responsible for anyone at work if youre on a break (meaning break from responsibility which you have in paid work) – Barb Apr 22 '22 at 23:16
  • @DaleM: I think incorporating your source into your answer would improve it. – sharur Apr 24 '22 at 09:01