WORKPLACE SURVEILLANCE – PRIVACY MATTERS!

It’s common practice to have workplace cameras, the monitoring of emails or website access and GPS location monitors for truck drivers, by way of examples.      The only change is that there are now rules and regulations about such practices in the workplace and it all has been given a big title called, ‘Workplace Surveillance’.   

It’s feeling like a James Bond 007 movie is about to commence.  

Here are the facts.  The passing of the Workplace Surveillance Act (NSW) in 2005, the Surveillance Devices Act (VIC) in 1999 and the Workplace Privacy Act (ACT) in 2011 has sent a flurry of requirements to employers.     The long and short of it is that if you are an employer, you need to meet some specific requirements for your workplace which in essence are about having a solid policy in place for the workplace and the notification to employees of what you doing with surveillance and what you are looking at.   

What about the other States and Territories in Australia?   They are subject to the general privacy provision and surveillance laws.   I would invest in a crystal ball and suggest that specific workplace surveillance legislation is coming their way too.  

In summary, the Acts listed above have the following requirements:

• Either prohibits or limits the use of surveillance devices in toilets, showers, changing facilities, prayer rooms, sick bay or first aid rooms.     Refer to the specific legislation to find out what is required in your State or Territory.

• Notice must be given (usually 14 days) to employees in New South Wales and the Australian Capital Territory of surveillance commencing.

• Appropriate disclosure of records is regulated.   Refer to the specific legislation to find out what is required in your State or Territory.

• Notice on vehicles, computers and areas where cameras operate in New South Wales and the Australian Capital Territory.

The positive news is that I have had two clients that implemented CCTV into the workplace, a policy and notification to employees.     Within days of having the CCTV cameras installs, they prevented two significant workplace injuries. One was the management of livestock through a race and the quick response of broken equipment which could be seen on camera, the other a process line where an operator failed to use personal protective equipment which could have resulted in significant burns and/or death, again with the use of cameras. 

This is one topic that cannot be avoided by employers.  If you are thinking this is too hard to comply with and it’s over the top, think again.  Contravention the Act is a criminal offence, with fines up to $5,500 capable of being imposed. Senior managers and directors may also be personally liable where they knowingly allow their company to contravene the Act.  

Apart from the criminal sanctions involved, failure to comply with the Act can prevent an employer relying on computer surveillance evidence in employee disciplinary matters and legal proceedings.    This is what counts when you know an employee has blatantly stolen from you and you have it on camera!!

If you need advice or need some documentation to assist you with Workplace Surveillance, please contact us at ahendy@hendyhr.com.au or 0411 254 865 and remember that employees are your best business asset.

Hendy HR provides a national policy of Workplace Surveillance, follow this link and purchase your online version today.