Occupational Therapists (OTs) involved in assistance animal practice operate within a complex legislative, regulatory and professional environment. Safe and ethical assistance animal practice requires an understanding of workplace health and safety obligations, disability rights, professional regulation, animal welfare requirements, biosecurity responsibilities and organisational governance frameworks.

Assistance animals are unique within health and disability practice because they involve an interaction between a person, an animal and the environment. As a result, OTs must consider multiple legal, regulatory and professional obligations when assessing, recommending, implementing or reviewing assistance animal supports.

A comprehensive understanding of the relevant frameworks enables OTs to:

• protect the health, safety and wellbeing of clients;
• support appropriate animal welfare outcomes;
• reduce risks to members of the public, workers and organisations;
• provide legally and professionally defensible clinical recommendations;
• practise within professional scope and competency; and
• support equitable access and inclusion for people using assistance animals.

Australian Work Health and Safety Framework

Safe Work Australia

Safe Work Australia is the national policy body responsible for developing and evaluating Australia’s model Work Health and Safety (WHS) laws and supporting national consistency in workplace health and safety.

Safe Work Australia develops national WHS policy relating to:

• workplace health and safety;
• workers’ compensation;
• injury prevention;
• workplace safety research; and
• national guidance materials.

Safe Work Australia works collaboratively with the Commonwealth, state and territory governments, employer organisations and worker representatives to improve WHS outcomes across Australia.

Importantly, Safe Work Australia does not regulate or enforce WHS laws. Responsibility for regulating and enforcing WHS legislation rests with Commonwealth, state and territory governments through their relevant WHS regulators.

Model Work Health and Safety Laws

Safe Work Australia developed the Model Work Health and Safety Laws to provide a nationally consistent framework for workplace health and safety regulation.

The model laws include the Model WHS Act, Model WHS Regulations and Model Codes of Practice. Individual jurisdictions determine how these provisions are adopted and applied within their own legislation.

Model Work Health and Safety Act

The Model WHS Act establishes primary legal duties and responsibilities for:

• persons conducting a business or undertaking (PCBUs);
• officers;
• workers; and
• other persons at the workplace.

The Act addresses matters including:

• duties of care;
• management of workplace risks;
• consultation;
• incident notification;
• enforcement; and
• penalties.

For Occupational Therapists, WHS duties may apply to assistance animal practice undertaken in workplaces, private practice, client homes, community settings and other locations where work is carried out.

Relevant risks may include:

• environmental hazards;
• animal-related hazards;
• manual handling;
• biological exposure;
• client and worker safety;
• public interaction;
• psychosocial hazards; and
• equipment-related risks.

The particular duties that apply depend on the practitioner’s role and the circumstances in which the work is undertaken.

Understanding WHS Duty Holders in Assistance Animal Practice

Occupational Therapists should understand that WHS responsibilities differ according to the role a person holds within a business or undertaking.

Under the model WHS framework, relevant duty holders may include:

• persons conducting a business or undertaking (PCBUs);
• officers;
• workers; and
• other persons at a workplace.

A person may hold more than one WHS duty at the same time. Duties cannot simply be transferred to another person through a contract, policy or organisational arrangement.

Persons Conducting a Business or Undertaking

A person conducting a business or undertaking (PCBU) is the principal duty holder under the model WHS framework.

A PCBU may include:

• a company;
• organisation;
• partnership;
• government body;
• health or disability service;
• not-for-profit organisation;
• private practice;
• sole trader; or
• self-employed practitioner

where the person or entity is conducting a business or undertaking.

A PCBU has a primary duty to ensure, so far as is reasonably practicable, the health and safety of workers while they are carrying out work for the business or undertaking.

The duty also extends to other people whose health and safety may be put at risk by the work being carried out.

In assistance animal practice, these people may include:

• clients;
• family members;
• support workers;
• trainers;
• contractors;
• students;
• volunteers;
• visitors; and
• members of the public.

Depending on the circumstances, PCBU responsibilities may include ensuring, so far as is reasonably practicable:

• a safe work environment;
• safe systems of work;
• safe use, handling and storage of equipment and substances;
• adequate workplace facilities;
• appropriate information, instruction, training and supervision;
• monitoring of workplace conditions and worker health where required;
• appropriate emergency arrangements;
• consultation with workers; and
• effective identification and management of physical and psychosocial risks.

For an Occupational Therapy practice providing assistance animal services, this could involve systems for:

• home and community visits;
• animal-related risk management;
• infection prevention and control;
• manual handling;
• lone or remote work;
• workplace violence and aggression;
• transport;
• equipment safety;
• incident and near-miss reporting;
• emergency response; and
• worker training and competency.

More Than One PCBU May Have Duties

More than one PCBU may have a duty relating to the same work activity.

For example, an Occupational Therapist may provide an assistance animal assessment within:

• a school;
• hospital;
• residential facility;
• workplace;
• animal training organisation; or
• another service provider’s premises.

The Occupational Therapist’s employer or private practice may have WHS duties, while the organisation controlling the premises may also have duties.

The existence of another duty holder does not automatically remove the Occupational Therapist’s organisation’s responsibilities.

Where multiple duty holders have responsibilities relating to the same matter, they should, so far as is reasonably practicable, consult, cooperate and coordinate activities to support effective risk management.

This may involve clarifying matters such as:

• who controls the environment;
• who controls particular equipment;
• who is responsible for identified hazards;
• emergency procedures;
• animal access arrangements;
• incident reporting;
• communication with workers; and
• implementation and review of risk controls.

Officers and Due Diligence

An officer is not simply any person with “officer” in their job title.

Whether a person is an officer depends on their actual position, responsibilities and influence within the organisation.

Under the model WHS framework, officers may include people who make, or participate in making, significant decisions affecting the whole or a substantial part of the business or undertaking.

Depending on the organisational structure, this may include:

• company directors;
• some business owners or operators;
• chief executives;
• senior executives; and
• other senior decision-makers.

A clinical title, supervisory responsibility or management position does not automatically make a person an officer. The person’s actual role and influence must be considered.

Officers have a personal duty to exercise due diligence to ensure that the PCBU complies with its WHS duties and obligations.

Due diligence requires a proactive approach to WHS rather than waiting for an incident to occur.

Under the model WHS framework, exercising due diligence includes taking reasonable steps to:

1. Acquire and maintain WHS knowledgeOfficers should acquire and keep up-to-date knowledge of WHS matters relevant to the organisation.
2. Understand the organisation’s operations, hazards and risksOfficers should understand the nature of the work undertaken and the hazards and risks associated with those operations.In assistance animal practice, this may include understanding risks associated with:
   • animal handling;
   • home and community visits;
   • manual handling;
   • biological exposure;
   • public access;
   • transport;
   • psychosocial hazards;
   • lone or remote work; and
   • equipment.
3. Ensure appropriate resources and processes are available and usedThe organisation should have appropriate resources and processes to eliminate or minimise WHS risks so far as is reasonably practicable.This may include:
   • staffing;
   • training;
   • supervision;
   • equipment;
   • policies and procedures;
   • risk-management systems;
   • emergency arrangements; and
   • access to specialist advice.
4. Ensure processes exist for receiving and responding to WHS informationThe organisation should have effective processes for receiving, considering and responding to information about:
   • hazards;
   • incidents;
   • near misses;
   • worker concerns;
   • emerging risks; and
   • changes affecting workplace safety.
5. Ensure processes exist for complying with WHS dutiesOfficers should ensure the organisation has and implements processes for meeting applicable WHS obligations.Depending on the organisation, this may include processes relating to:
   • consultation;
   • risk management;
   • incident notification;
   • training;
   • emergency planning;
   • record keeping; and
   • other statutory requirements.
6. Verify that WHS resources and processes are actually being usedDue diligence requires more than approving a policy or assuming that systems are functioning.Officers should take reasonable steps to verify that WHS systems, resources and processes have been provided, implemented and are operating effectively.

This may involve:

• reviewing incident and hazard data;
• monitoring corrective actions;
• reviewing audit findings;
• consulting with workers;
• checking that required training has occurred;
• monitoring emerging risks; and
• confirming that identified problems are addressed.

Occupational Therapists Who Own or Manage Practices

Occupational Therapists who own, operate, direct or substantially influence an organisation should not assume that their WHS responsibilities are limited to their clinical duties as an Occupational Therapist.

Depending on the structure of the practice and the person’s role, they may also hold duties as:

• a PCBU;
• an officer;
• a worker; or
• more than one of these simultaneously.

For example, an Occupational Therapist who owns and operates a private assistance animal practice may have responsibilities relating to:

• their own work;
• employees;
• contractors;
• students;
• volunteers;
• clients;
• members of the public; and
• others who may be affected by the work of the practice.

An Occupational Therapist who is a director or senior decision-maker within a larger organisation may have officer duties requiring active oversight of the organisation’s WHS systems.

By contrast, an Occupational Therapist employed by an organisation without the relevant organisational decision-making authority may principally hold worker duties rather than officer duties.

Worker Duties

Occupational Therapists who perform work are also subject to applicable worker duties.

Under the model WHS framework, workers must:

• take reasonable care for their own health and safety;
• take reasonable care that their acts or omissions do not adversely affect the health and safety of others;
• comply, so far as they are reasonably able, with reasonable WHS instructions; and
• cooperate with reasonable WHS policies and procedures that have been notified to them.

In assistance animal practice, this may include:

• following appropriate risk controls;
• using equipment safely;
• reporting hazards;
• reporting incidents and near misses;
• following infection-control procedures;
• participating in required training;
• raising safety concerns; and
• avoiding practices that create unnecessary risk.

Other Persons at the Workplace

Clients, visitors, family members and other people present at a workplace may also have duties under applicable WHS legislation.

Under the model WHS framework, other persons at a workplace must take reasonable care for their own health and safety and take reasonable care that their acts or omissions do not adversely affect others.

They must also comply, so far as they are reasonably able, with reasonable instructions given to enable the PCBU to comply with WHS requirements.

This does not mean that clients should be treated as workers or made responsible for an organisation’s WHS duties.

Rather, safe assistance animal practice requires cooperation between everyone involved while recognising the different legal responsibilities held by each person.

Applying Duty Holder Responsibilities in Practice

When planning assistance animal-related work, Occupational Therapists should ask:

• Who is conducting the business or undertaking?
• Am I acting as a worker, PCBU, officer or in more than one capacity?
• Who controls the workplace or environment?
• Are other PCBUs involved?
• Who controls relevant equipment, systems or activities?
• What hazards arise from the work?
• Who could be affected?
• Who has the capacity to eliminate or minimise each risk?
• What consultation, cooperation and coordination are required?
• Who is responsible for responding to incidents or notifying the regulator where required?

Identifying duty holders should support effective risk management rather than become an exercise in shifting responsibility.

Where more than one person holds a duty, the existence of another duty holder does not automatically remove or reduce a person’s own WHS obligations.

Jurisdictional Considerations

The terminology above reflects the model WHS framework.

Occupational Therapists must apply the legislation operating in the jurisdiction in which they work. Terminology, statutory provisions and specific duties may differ, particularly in jurisdictions operating under a different legislative framework.

Where the legal status of a practitioner, business owner, officer or other duty holder is uncertain, appropriate advice should be obtained from the relevant WHS/OHS regulator or a suitably qualified legal or WHS professional.

Model Work Health and Safety Regulations

The Model WHS Regulations provide more detailed requirements supporting the Model WHS Act.

They address areas including:

• risk management;
• hazardous manual tasks;
• personal protective equipment (PPE);
• emergency planning;
• workplace facilities;
• hazardous chemicals;
• training, information, instruction and supervision; and
• consultation.

These requirements may be relevant to assistance animal practice because work can involve:

• animal handling;
• manual tasks;
• biological exposure;
• public and community environments;
• equipment;
• travel; and
• integration of assistance animals into workplaces and other settings.

The applicability of particular regulatory requirements should always be considered in the context of the work being undertaken and the legislation applying within the relevant jurisdiction.

Self-Employed, Private Practice and Community-Based Occupational Therapy

Occupational Therapy is frequently delivered outside traditional healthcare facilities.

An Occupational Therapist involved in assistance animal practice may work in:

• a private clinic;
• their own business premises;
• a client’s home;
• a workplace;
• school or educational setting;
• animal training facility;
• veterinary environment;
• public space;
• community facility;
• transport environment; or
• another organisation’s premises.

WHS responsibilities do not cease simply because work occurs outside a conventional workplace.

The applicable duties depend on factors including:

• the jurisdiction;
• the nature of the work;
• the practitioner’s employment or business structure;
• who controls or influences the work;
• who controls or influences the environment;
• other duty holders involved; and
• the particular hazards and circumstances.

Self-Employed and Sole-Trader Occupational Therapists

Under the model WHS framework, a self-employed Occupational Therapist or sole trader may simultaneously be:

• a PCBU because they conduct their own business or undertaking; and
• a worker because they personally carry out work within that business or undertaking.

Self-employment therefore does not remove WHS responsibilities.

A sole-trader Occupational Therapist providing assistance animal services should consider WHS arrangements for their own work as well as risks that their work may create for other people.

Depending on the nature of the practice, this may include:

• identifying and managing hazards;
• undertaking proportionate risk assessments;
• establishing safe systems of work;
• maintaining safe equipment;
• managing infection risks;
• planning for emergencies;
• managing lone or remote work;
• managing psychosocial hazards;
• maintaining appropriate incident-reporting processes;
• understanding statutory incident-notification obligations;
• maintaining appropriate records; and
• reviewing controls when circumstances change.

Where the practice employs workers, engages contractors, supervises students or involves volunteers, additional WHS responsibilities may arise.

Working in a Client’s Home

A client’s home is primarily their private residence. However, when an Occupational Therapist enters the home to perform professional work, the environment may also constitute a workplace for WHS purposes in relation to that work.

This creates an important distinction.

The client’s home should continue to be treated with respect as the person’s home, while foreseeable risks associated with the work must also be appropriately managed.

Home-based practice may involve hazards such as:

• difficult or unsafe access;
• stairs or uneven surfaces;
• slips, trips and falls;
• poor lighting;
• clutter;
• damaged structures;
• inadequate space for the proposed activity;
• manual handling risks;
• infection or biological hazards;
• environmental tobacco smoke or other airborne contaminants;
• hazardous substances;
• unsafe equipment;
• extreme temperatures;
• household pets or other animals;
• assistance animal interactions;
• violence, aggression or threatening behaviour;
• other household members or visitors;
• lone or isolated work;
• communication difficulties;
• limited emergency access; and
• neighbourhood or external environmental hazards.

Client-to-Worker and Third-Party Risks in Home and Community Practice

Home and community practice may expose Occupational Therapists to hazards created not only by the physical environment but also by other people, animals and activities occurring within or around the setting.

These risks should be assessed objectively and proportionately. The aim is not to judge the client, their household or their lifestyle, but to identify foreseeable hazards associated with the work and determine whether they can be adequately controlled.

Potential risks may arise from:

• clients;
• family members;
• partners;
• household members;
• visitors;
• neighbours;
• support workers;
• other service providers;
• members of the public;
• household pets;
• other assistance or working animals; and
• environmental or community circumstances surrounding the visit.

Violence, Aggression and Threatening Behaviour

Home and community-based workers may encounter:

• verbal aggression;
• threats;
• intimidation;
• escalating conflict;
• physical aggression;
• sexual aggression or harassment;
• stalking or unwanted contact;
• threatening behaviour by household members or visitors; or
• behaviour that prevents the practitioner from leaving safely.

Risk factors should be considered using available information and observable behaviour rather than assumptions based on diagnosis, disability, culture, socioeconomic circumstances or appearance.

Relevant warning signs might include:

• previous incidents of violence or aggression;
• explicit threats;
• escalating verbal hostility;
• intoxication associated with threatening behaviour;
• property damage occurring during the visit;
• deliberate obstruction of exits;
• threatening use or display of an object or weapon;
• aggressive behaviour by another household member; or
• circumstances in which the practitioner reasonably believes immediate safety is deteriorating.

Where an immediate threat exists, worker safety takes priority.

The Occupational Therapist should follow organisational emergency and escalation procedures and leave the environment where it is safe to do so.

Emergency services should be contacted where required.

Weapons and Other Potentially Dangerous Items

Workers may encounter firearms, knives or other objects capable of causing serious injury during home or community visits.

The presence of an item that could potentially be used as a weapon does not automatically establish that a person intends harm.

Risk assessment should consider factors including:

• whether the item is being handled;
• whether threatening behaviour is occurring;
• accessibility of the item;
• previous known incidents;
• the behaviour of people present;
• the context of the visit; and
• the practitioner’s ability to leave or obtain assistance.

Where a weapon or potentially dangerous item creates an immediate or uncontrolled risk, the practitioner should not be expected to continue the visit.

Organisations should have procedures for:

• worker withdrawal;
• escalation;
• emergency assistance;
• incident reporting; and
• determining whether future visits require additional controls.

Alcohol and Other Drugs

The presence or use of alcohol, medications or other substances should not automatically result in withdrawal of services.

The relevant WHS question is whether the circumstances create a foreseeable risk affecting the safe delivery of the service.

Risk may increase where substance use is associated with:

• significant impairment;
• unpredictable behaviour;
• aggression;
• reduced awareness of hazards;
• unsafe animal handling;
• unsafe driving;
• inability to participate safely in the planned activity; or
• hazardous materials such as needles or drug paraphernalia being present in the work area.

Possible controls may include:

• modifying the activity;
• relocating the session;
• postponing particular tasks;
• arranging another worker to attend;
• avoiding handling of hazardous items;
• using appropriate infection-control precautions;
• seeking additional organisational advice; or
• leaving the environment where the risk cannot be adequately controlled.

The practitioner should focus on the observable risk rather than moral judgement regarding substance use.

Smoking, Vaping and Airborne Exposure

Because the client’s home is also their private living environment, practitioners should approach smoking and vaping respectfully.

However, work-related exposure to smoke, vapour or other airborne contaminants may create health and safety risks.

Depending on the circumstances, reasonable controls may include:

• requesting that smoking or vaping not occur during the visit;
• increasing ventilation;
• conducting the activity outdoors where appropriate;
• changing the location of the appointment;
• reducing exposure time; or
• using another service-delivery method where clinically appropriate.

The response should be proportionate to the risk and developed through consultation wherever possible.

Household Pets and Other Animals

Animals other than the assistance animal may create significant risks during home or community visits.

Potential hazards include:

• aggressive or defensive behaviour;
• territorial behaviour;
• uncontrolled approach;
• inter-animal conflict;
• predatory behaviour;
• resource guarding;
• escape;
• bites or scratches;
• zoonotic or parasite exposure;
• distraction of the assistance animal; and
• stress or fear experienced by either animal.

Before or during a visit, it may be appropriate to ask whether other animals are present and whether any known behavioural or safety concerns exist.

Controls may include:

• temporary separation;
• use of barriers;
• use of another room;
• secure containment;
• changing where the assessment occurs;
• staggering animal introductions;
• involving an appropriately qualified animal professional; or
• postponing animal-to-animal interaction until it can be undertaken safely.

An unfamiliar household animal should not automatically be labelled dangerous. Decisions should be based on observed behaviour, available history and the foreseeable risk arising from the particular activity.

Unsafe or Poorly Maintained Premises

Home environments may contain physical hazards such as:

• unstable flooring;
• damaged stairs;
• exposed electrical wiring;
• structural damage;
• excessive clutter affecting safe movement;
• blocked exits;
• inadequate lighting;
• significant contamination;
• sharps;
• hazardous substances;
• pest infestation;
• extreme temperatures;
• inadequate ventilation; or
• other conditions that may affect safe work.

A person’s home does not need to meet the appearance or housekeeping standards of a clinical workplace.

The relevant question is whether a particular condition creates a foreseeable risk to the work being undertaken.

For example, clutter that does not interfere with the Occupational Therapist’s work may require no intervention, while clutter blocking the only safe exit or creating an unavoidable trip hazard during an animal assessment may require a control.

Potential controls may include:

• clearing only the area required for the activity;
• relocating the activity;
• avoiding unsafe parts of the premises;
• changing equipment;
• arranging environmental support;
• modifying the task;
• conducting the appointment elsewhere; or
• postponing the activity until a significant hazard has been addressed.

Household Members, Visitors and Third Parties

The Occupational Therapist’s risk assessment should not focus only on the client.

Other people present may influence safety.

Examples include:

• a family member interfering with an assessment;
• a visitor distracting or handling the assistance animal;
• conflict occurring between household members;
• a support person disregarding agreed safety controls;
• children interacting unsafely with equipment or animals;
• another service provider undertaking incompatible work at the same time; or
• a person whose behaviour creates an unsafe environment.

Controls may include:

• establishing expectations before the visit;
• asking that particular people not participate in specific activities;
• rescheduling where competing activities create risk;
• clarifying roles;
• providing education;
• arranging additional support; or
• relocating the service.

Where another person’s behaviour creates an immediate and uncontrolled threat, the practitioner may need to withdraw.

Neighbourhood and External Environmental Risks

Risk assessment may also need to consider conditions outside the residence where they affect the work.

Examples include:

• unsafe parking;
• traffic;
• poorly lit access;
• uncontrolled dogs;
• unsafe pathways;
• environmental hazards;
• severe weather;
• bushfire, flood or other emergency conditions;
• lack of mobile coverage; or
• difficulty obtaining emergency assistance.

These considerations may be particularly relevant where the practitioner:

• works alone;
• attends after dark;
• travels to unfamiliar areas;
• carries specialised equipment;
• is working with an assistance animal in public; or
• needs to move between the vehicle and residence repeatedly.

Controls may include appointment scheduling, alternative parking, communication systems, travel planning, another worker attending, alternative meeting locations or postponement during significant environmental hazards.

Pre-Visit Information and Screening

Where reasonably practicable, organisations should have processes for obtaining information relevant to worker safety before a home or community visit.

Information may include:

• location and access arrangements;
• other people likely to be present;
• household animals;
• known environmental hazards;
• previous incidents;
• communication requirements;
• lone-worker considerations;
• emergency contact arrangements; and
• significant changes since previous visits.

Pre-visit screening should be proportionate.

It should not become an unnecessarily intrusive assessment of a client’s private life.

Information should only be sought where it is reasonably relevant to:

• the work being undertaken;
• foreseeable health and safety risks;
• animal welfare;
• emergency planning; or
• service delivery.

Dynamic Risk Assessment

Pre-visit information cannot identify every hazard.

Occupational Therapists should continue assessing risk during the visit and respond where circumstances change.

Examples include:

• an unknown household animal being present;
• another person arriving and behaving aggressively;
• an exit becoming obstructed;
• the assistance animal becoming distressed;
• escalating conflict;
• unsafe equipment being discovered;
• evidence of a significant biological or chemical hazard; or
• severe weather or another environmental emergency developing.

A dynamic assessment may result in:

• continuing as planned;
• introducing additional controls;
• modifying the task;
• moving location;
• seeking assistance;
• postponing part of the work; or
• leaving the environment.

When to Modify, Postpone or Terminate a Visit

Occupational Therapists should not be expected to continue a home or community visit where a significant risk cannot be adequately controlled.

Possible responses should generally progress from the least restrictive effective option.

This may involve:

1. continuing with existing controls;
2. introducing an additional control;
3. modifying the task;
4. changing the location;
5. arranging another worker or support person;
6. postponing part or all of the service; or
7. terminating the visit where necessary for immediate safety.

A decision to postpone or terminate a visit may be appropriate where:

• violence or serious aggression is occurring;
• credible threats are made;
• the practitioner cannot safely leave or summon assistance;
• an uncontrolled animal presents a significant risk;
• a serious environmental hazard cannot be avoided;
• dangerous equipment, substances or objects create an uncontrolled risk;
• the practitioner or assistance animal is at immediate risk of injury;
• the planned activity cannot be performed safely; or
• circumstances have materially changed and adequate controls cannot be implemented.

Where possible, the practitioner should explain the reason for modifying or ending the visit without blaming or shaming the client.

For example:

“I can’t safely complete this part of the assessment while the other dog is loose. If we can secure the dog in another area, we can continue. Otherwise, we will need to arrange another way to complete this part.”

This focuses on the hazard and required control, rather than characterising the person or household as unsafe.

After a Visit Is Modified or Terminated

Where a visit has been significantly modified, postponed or terminated for safety reasons, appropriate follow-up may include:

• documenting the hazard and circumstances objectively;
• reporting an incident or near miss where applicable;
• informing the relevant manager, supervisor or PCBU;
• reviewing the risk assessment;
• consulting the client about possible controls;
• determining whether another worker should attend future visits;
• considering an alternative location or service-delivery model;
• seeking specialist advice where required;
• reviewing arrangements for the assistance animal;
• updating lone-worker or emergency plans; and
• monitoring whether the controls remain necessary.

A previous incident should inform future risk assessment but should not automatically result in permanent withdrawal of service.

Controls should be reviewed when circumstances change.

Avoiding Discriminatory Risk Assessment

Home and community WHS decisions should be based on evidence, observable hazards and foreseeable risks.

Practitioners should avoid assuming that risk exists merely because a person:

• has a particular disability or diagnosis;
• communicates differently;
• experiences mental distress;
• lives in a low-income household;
• has a cluttered or unconventional home;
• has multiple animals;
• requires substantial support;
• has a history of trauma; or
• uses alcohol, prescribed medication or other substances.

These characteristics may sometimes be relevant to a broader assessment, but they do not by themselves establish that a person or environment is unsafe.

Similarly, a disabled person should not be required to achieve a higher standard of household safety than would reasonably be expected for comparable work undertaken in another person’s home.

Key Practice Principle

Home and community risk management should focus on the hazard, not on labelling the person.

Occupational Therapists should use reasonable and proportionate controls to support safe service delivery wherever practicable.

Where a significant risk cannot be adequately controlled, modifying, postponing or terminating a particular visit may be appropriate. This should be distinguished from unnecessarily withdrawing the service itself.

The objective is to protect workers, clients, assistance animals and other people while preserving dignity, autonomy, access to services and occupational participation wherever reasonably possible.

The presence of a hazard does not automatically mean that a home visit must be refused.

Risk should be assessed according to:

• the nature of the hazard;
• likelihood and potential consequences of harm;
• work being undertaken;
• people and animals involved;
• available controls;
• the practitioner’s ability to influence or control the risk; and
• what is reasonably practicable in the circumstances.

Respecting the Client’s Home While Managing Worker Safety

Home-based practice requires balancing two important considerations:

1. the person’s autonomy, privacy and right to live in their own home according to their preferences; and
2. the health and safety of workers and other people affected by the work.

WHS responsibilities do not give practitioners unrestricted authority over how a person lives in their own home.

At the same time, a person’s preference does not require a practitioner to undertake work where an unacceptable work-related risk cannot be adequately controlled.

The preferred approach is to identify reasonable and proportionate controls that allow the service to proceed safely wherever possible.

For example, where a foreseeable hazard exists, controls may include:

• moving the activity to another area;
• asking that a particular animal be temporarily separated;
• requesting that a walkway be cleared;
• improving lighting;
• arranging another person to be present;
• using alternative equipment;
• changing the task;
• modifying the duration or timing of the visit;
• arranging ventilation;
• requesting that smoking not occur during the visit or for an appropriate period beforehand where exposure presents a risk;
• conducting part of the service remotely where clinically appropriate;
• meeting in an alternative location; or
• arranging additional professional or organisational support.

The aim should be to manage the risk without imposing unnecessary restrictions on the client.

The Client Is Not Automatically Responsible for the Practitioner’s WHS Duties

Practitioners should not assume that because the work occurs in the client’s home, the client automatically becomes responsible for the practitioner’s workplace health and safety.

The practitioner’s employer, practice or other PCBU retains the duties that apply to its work.

Similarly, a sole-trader Occupational Therapist cannot transfer their own WHS responsibilities to the client merely by:

• obtaining consent;
• asking the client to sign a waiver;
• placing responsibility in a service agreement; or
• informing the client that they enter the home “at their own risk.”

WHS duties should be identified according to the applicable legislation and actual circumstances rather than shifted informally between people.

Clients and other people at a workplace may also have duties under applicable WHS legislation, but this does not replace the duties of the PCBU or practitioner.

Control and Influence

An Occupational Therapist may have less control over a client’s home than they would over their own clinic.

This does not mean that risks can be ignored.

Instead, consideration should be given to what the practitioner or organisation can reasonably control or influence.

For example, an Occupational Therapist may not be able to permanently change:

• the client’s furniture;
• ownership of household animals;
• the design of the building;
• who normally lives in the home; or
• the person’s lifestyle choices.

However, they may be able to influence:

• where an assessment takes place;
• how equipment is positioned;
• which tasks are undertaken;
• whether another animal is separated during an activity;
• whether another worker is present;
• the timing of the appointment;
• how long the practitioner remains in the environment;
• what equipment the practitioner uses;
• whether particular precautions are required; or
• whether an alternative service location is appropriate.

Risk controls should therefore reflect the practitioner’s actual ability to control or influence the circumstances.

Pre-Visit Risk Assessment

Home and community-based services should have proportionate processes for identifying foreseeable risks before work begins.

This does not mean that every visit requires a lengthy new formal risk assessment.

Depending on the circumstances, appropriate processes may include:

• information obtained during intake;
• client or support-person consultation;
• a pre-visit screening process;
• an existing home-environment assessment;
• review of previous visit information;
• a home-visit safety checklist;
• a formal risk assessment where warranted; and
• dynamic risk assessment during the visit.

Additional assessment may be appropriate where:

• the practitioner has not previously attended the environment;
• significant hazards have been identified;
• the client’s circumstances have changed;
• another animal has been introduced;
• there has been a previous incident or near miss;
• the proposed activity has changed;
• environmental conditions have changed; or
• new information suggests that existing controls may no longer be adequate.

Dynamic Risk Assessment During Home and Community Visits

Conditions may change after a practitioner arrives.

Occupational Therapists should remain alert to emerging hazards and reassess the situation where required.

For example:

An Occupational Therapist arrives to complete an assistance animal assessment. The home had previously been assessed as suitable. On arrival, the practitioner discovers that a visiting family member has brought an unfamiliar dog that is displaying escalating behaviour towards the assistance animal.

The previous assessment has not necessarily failed. The circumstances have changed.

The practitioner should undertake a dynamic assessment and determine appropriate controls.

These might include:

• separating the animals;
• relocating the assessment;
• modifying the activity;
• rescheduling part of the assessment; or
• discontinuing the visit if the risk cannot be adequately controlled.

Lone and Remote Work

Home and community-based Occupational Therapy may involve working alone or away from immediate assistance.

Potential concerns include:

• inability to obtain assistance quickly;
• limited mobile reception;
• unfamiliar environments;
• violence or aggression;
• animal-related incidents;
• medical emergencies;
• vehicle breakdown;
• environmental emergencies; and
• difficulty locating the practitioner during an emergency.

Appropriate controls may include:

• appointment and location records;
• check-in and check-out systems;
• escalation procedures;
• communication devices;
• emergency contacts;
• duress systems where appropriate;
• travel planning;
• procedures for missed check-ins; and
• processes for leaving an environment where safety deteriorates.

The level of control should be proportionate to the foreseeable risk.

Working in Public and Community Environments

The same principles apply when Occupational Therapy occurs in public or community environments.

Examples may include:

• shopping centres;
• parks;
• public transport;
• streets and pedestrian areas;
• cafés;
• community facilities;
• workplaces;
• educational environments; and
• healthcare facilities.

Where an Occupational Therapist is performing work in these environments, WHS responsibilities remain relevant even though the practitioner does not own or control the premises.

The practitioner should consider:

• environmental hazards;
• public interaction;
• other animals;
• traffic;
• transport;
• accessibility;
• weather;
• emergency arrangements;
• equipment;
• assistance animal welfare; and
• the ability to obtain assistance if required.

Where another organisation controls the premises, consultation, cooperation and coordination with relevant duty holders may be required.

When a Visit May Need to Be Modified, Postponed or Ended

Where a hazard is identified, the first response should generally be to consider whether the risk can be eliminated or adequately minimised through reasonable and proportionate controls.

Where this cannot be achieved, it may be appropriate to:

• modify the activity;
• move to another location;
• arrange additional support;
• postpone the activity; or
• end the visit.

Examples may include situations involving:

• serious and uncontrolled aggression;
• immediate threats of violence;
• an uncontrolled animal presenting a significant risk;
• serious structural hazards;
• significant uncontrolled biological or chemical exposure;
• inability to access emergency assistance where this creates an unacceptable risk; or
• another serious hazard that cannot be adequately controlled.

Decisions should be based on the actual hazard and level of risk, rather than assumptions about a person’s disability, diagnosis, socioeconomic circumstances, home appearance or lifestyle.

Where a service is modified, postponed or discontinued for safety reasons, practitioners should consider:

• documenting the identified hazard and assessment;
• explaining the concern respectfully;
• identifying controls required for the service to resume;
• considering reasonable alternative methods of service delivery;
• escalating concerns according to organisational procedures; and
• reviewing the decision when circumstances change.

Assistance Animals Add an Additional Dimension

Home and community risk assessment within AAOT practice should consider both human WHS and animal welfare.

For example, assessment may need to consider:

• other household animals;
• interactions between animals;
• secure fencing and exits;
• environmental toxins;
• unsafe food or medications;
• extreme temperatures;
• flooring and mobility;
• animal rest areas;
• access to water;
• toileting;
• escape risks;
• equipment;
• workload;
• public interaction; and
• emergency arrangements.

The presence of these considerations does not mean that a person must maintain a “perfect” home before an assistance animal can be supported.

The relevant question is whether foreseeable risks can be appropriately managed while supporting:

• the person’s autonomy;
• occupational participation;
• disability-related needs;
• animal welfare; and
• the safety of people affected by the work.

Key Practice Principle

A client’s home may simultaneously be their private living environment and a workplace for the Occupational Therapist performing work there.

Safe practice requires respect for both realities.

WHS should not be used to impose unnecessary control over a disabled person’s home or lifestyle. Equally, working in a private home does not remove legitimate worker-safety obligations.

The appropriate approach is individualised, proportionate and collaborative risk management, with more restrictive responses used where reasonable controls cannot adequately manage a significant risk.

Model Codes of Practice

Model Codes of Practice provide practical guidance about how duties under WHS legislation may be met.

Codes of Practice are not Acts of Parliament. However, an approved Code of Practice may have evidentiary significance in legal proceedings and can provide guidance about reasonably practicable approaches to managing workplace risks.

Relevant Codes of Practice may include:

How to Manage Work Health and Safety Risks

Provides guidance on:

• identifying hazards;
• assessing risks where required;
• implementing controls; and
• reviewing risk-control measures.

Hazardous Manual Tasks

May be relevant to:

• handling animals;
• transporting equipment;
• repetitive tasks;
• moving crates or supplies; and
• supporting clients with physical tasks.

First Aid in the Workplace

May be relevant to foreseeable workplace incidents such as:

• animal-related injuries;
• falls;
• bites and scratches;
• allergic reactions; and
• other workplace emergencies.

Managing the Work Environment and Facilities

May be relevant to:

• workplace accessibility;
• environmental hazards;
• movement pathways;
• emergency arrangements; and
• safe integration of assistance animals.

Managing Psychosocial Hazards at Work

May be relevant to psychosocial hazards arising from:

• workplace stress;
• conflict;
• discrimination;
• emotionally demanding work;
• exposure to distressing events;
• workload;
• remote or isolated work; and
• other psychosocial aspects of assistance animal practice.

Codes of Practice should be considered according to whether they have been approved or adopted within the jurisdiction in which the practitioner works.

State and Territory WHS Legislation

The Model WHS Laws do not automatically apply throughout Australia. Each jurisdiction adopts and implements workplace safety legislation through its own legislative processes.

Most Australian jurisdictions have adopted legislation based substantially on the model WHS framework. Victoria retains a separate occupational health and safety legislative framework.

Examples include:

Jurisdiction	Principal WHS/OHS Legislation	Regulator
New South Wales	Work Health and Safety Act 2011 (NSW)	SafeWork NSW
Queensland	Work Health and Safety Act 2011 (Qld)	Workplace Health and Safety Queensland
South Australia	Work Health and Safety Act 2012 (SA)	SafeWork SA
Tasmania	Work Health and Safety Act 2012 (Tas)	WorkSafe Tasmania
Victoria	Occupational Health and Safety Act 2004 (Vic)	WorkSafe Victoria
Western Australia	Work Health and Safety Act 2020 (WA)	WorkSafe WA
Australian Capital Territory	Work Health and Safety Act 2011 (ACT)	WorkSafe ACT
Northern Territory	Work Health and Safety (National Uniform Legislation) Act 2011 (NT)	NT WorkSafe
Commonwealth	Work Health and Safety Act 2011 (Cth)	Comcare

Occupational Therapists should identify the legislation that applies to their work rather than assuming that the Model WHS Act itself is the legislation directly governing their practice.

This is particularly important for practitioners who:

• work across state or territory borders;
• operate a private practice;
• are self-employed;
• provide services within another organisation’s workplace;
• work in clients’ homes or community environments; or
• provide services under contractual arrangements.

WHS Regulators

While Safe Work Australia develops national policy and model legislation, Commonwealth, state and territory WHS/OHS regulators are responsible for functions such as implementation, education, monitoring and enforcement within their respective jurisdictions.

Their functions may include:

• providing WHS information and guidance;
• conducting workplace inspections;
• investigating workplace incidents;
• receiving notifications required by legislation;
• issuing improvement or prohibition notices;
• enforcing WHS/OHS legislation; and
• prosecuting serious breaches.

Examples include:

• SafeWork NSW;
• WorkSafe Victoria;
• WorkSafe WA;
• SafeWork SA;
• WorkSafe Tasmania;
• Workplace Health and Safety Queensland;
• WorkSafe ACT;
• NT WorkSafe; and
• Comcare.

Occupational Therapists should know which regulator applies to their work and how to access relevant guidance, incident-notification information and safety resources.

Disability Legislation

Assistance animal practice is also governed by disability rights legislation.

Disability Discrimination Act 1992 (Cth)

The Disability Discrimination Act 1992 (Cth) (DDA) protects people with disability from unlawful discrimination in areas including:

• employment;
• education;
• accommodation;
• access to goods, services and facilities; and
• access to premises.

Section 9 of the DDA contains provisions relating to assistance animals.

Occupational Therapy practice involving assistance animals should therefore consider:

• the legal status of assistance animals;
• disability-related access rights;
• reasonable adjustments;
• the individual circumstances of the person;
• legitimate safety considerations; and
• the interaction between disability discrimination law and other applicable legal obligations.

WHS obligations should not be used as a blanket justification for excluding an assistance animal or restricting the participation of a person with disability.

Where genuine safety risks exist, they should be identified and addressed through reasonable and proportionate risk-management measures wherever possible.

The presence of an assistance animal, or the fact that a person requires disability-related support, does not itself establish that an unacceptable safety risk exists.

Occupational Therapy Regulation and Professional Responsibilities

Australian Health Practitioner Regulation Agency and Occupational Therapy Board of Australia

Occupational Therapists are registered under the National Registration and Accreditation Scheme.

The Occupational Therapy Board of Australia establishes registration standards, codes, guidelines and professional expectations relevant to Occupational Therapy practice, while the Australian Health Practitioner Regulation Agency (Ahpra) supports the administration of the National Scheme.

Occupational Therapists are expected to:

• maintain appropriate registration;
• practise within their professional scope;
• maintain competence;
• meet applicable continuing professional development requirements;
• provide safe and ethical care;
• maintain appropriate documentation; and
• comply with relevant professional standards and codes.

For assistance animal practice, practitioners should ensure they have appropriate knowledge and competency relevant to their role, which may include:

• functional assessment;
• disability practice;
• environmental assessment;
• risk management;
• assistance animal legislation;
• animal welfare;
• human–animal interaction; and
• interdisciplinary collaboration.

Occupational Therapists should recognise the limits of their professional scope.

Where a matter requires expertise outside Occupational Therapy practice, collaboration or referral may be required to professionals such as:

• veterinarians;
• appropriately qualified assistance animal trainers;
• animal behaviour professionals;
• other allied health practitioners;
• medical practitioners; or
• other relevant specialists.

Animal Welfare Legislation

Assistance animals are sentient animals and remain subject to applicable state and territory animal welfare legislation.

Animal welfare legislation may establish duties or obligations relating to matters such as:

• prevention of cruelty;
• provision of appropriate care;
• protection from unnecessary or unreasonable suffering;
• veterinary treatment where required; and
• appropriate living conditions.

Although assistance animals perform important disability-related roles, their working status does not remove their physical, behavioural or welfare needs.

Occupational Therapists working within assistance animal practice should consider factors such as:

• animal workload;
• rest and recovery;
• signs of stress or discomfort;
• suitability of tasks;
• environmental demands; and
• access to appropriate veterinary care.

Animal health or welfare concerns outside the Occupational Therapist’s professional competence should be referred to an appropriately qualified professional or, where required, the relevant authority.

Animal Management and Companion Animal Legislation

Assistance animals are also subject to relevant state, territory and local animal-management requirements.

These requirements vary between jurisdictions and according to factors such as:

• species;
• location;
• registration category;
• ownership arrangements; and
• circumstances in which the animal is kept or used.

Requirements may include:

• microchipping and identification;
• registration;
• responsible ownership and control requirements;
• public behaviour requirements;
• management of animals in public places;
• requirements relating to dangerous, restricted or otherwise regulated animals; and
• other jurisdiction-specific animal-management obligations.

Separate from statutory animal-management requirements, assistance animals should receive appropriate preventive veterinary healthcare according to their individual health needs, veterinary advice and the environments in which they work.

Preventive healthcare may include:

• vaccination where clinically indicated or required by a particular setting or program;
• parasite prevention and management;
• routine veterinary health assessment;
• dental care;
• monitoring of weight, mobility and general health; and
• other preventive measures recommended by the treating veterinarian.

Some workplaces, healthcare environments, educational settings, assistance animal programs or other facilities may establish additional animal-health requirements as a condition of participation or entry. These organisational or program requirements should be distinguished from requirements imposed directly by legislation.

Occupational Therapists should consider whether clients have the resources, knowledge and supports required to meet applicable animal-management obligations and maintain appropriate preventive healthcare throughout the working life of the assistance animal.

Biosecurity and Disease Control Requirements

Australia’s biosecurity framework protects human health, animal health, agriculture and the environment.

Relevant legislation may include the Biosecurity Act 2015 (Cth), together with applicable state and territory biosecurity legislation.

Depending on the circumstances, biosecurity obligations may relate to:

• managing disease risks;
• movement restrictions;
• reporting of notifiable diseases;
• quarantine requirements; and
• management of biological material or contamination.

Biosecurity considerations may be particularly relevant where assistance animals:

• enter healthcare or clinical environments;
• work with vulnerable populations;
• travel interstate or internationally;
• enter agricultural or animal-management environments; or
• may have been exposed to an infectious or notifiable disease.

Occupational Therapists are not expected to diagnose or manage animal disease outside their professional scope. Where relevant concerns arise, veterinary or other appropriate specialist advice should be sought.

Australian Pesticides and Veterinary Medicines Authority

The Australian Pesticides and Veterinary Medicines Authority (APVMA) regulates agricultural and veterinary chemical products in Australia.

Its functions include regulation of veterinary medicines and other relevant veterinary chemical products.

Occupational Therapists do not prescribe veterinary medicines merely by virtue of working with assistance animals.

Where animal medication, parasite treatment or another veterinary treatment is relevant to an assistance animal partnership, the Occupational Therapist should recognise the limits of their professional scope and support appropriate veterinary involvement.

Other Frameworks Relevant to Assistance Animal Practice

Not every framework relevant to assistance animal practice is a WHS or animal regulatory framework.

Funding, disability-service, organisational and program requirements may interact with WHS, professional practice and animal welfare obligations but should be understood separately.

National Disability Insurance Scheme and Funding Requirements

The National Disability Insurance Scheme (NDIS) may be relevant to assistance animal practice where an assistance animal or related professional supports are funded through a participant’s NDIS plan.

The National Disability Insurance Agency (NDIA) administers the NDIS and makes decisions relating to access to the Scheme, participant plans and funding of supports.

NDIS funding requirements should be distinguished from statutory workplace health and safety obligations.

The NDIA is not a workplace health and safety regulator, and NDIS funding approval does not replace or determine duties imposed under Commonwealth, state or territory WHS/OHS legislation.

Similarly, compliance with WHS legislation does not itself establish that an assistance animal or related support meets NDIS funding requirements.

Where an Occupational Therapist prepares an assistance animal-related assessment, recommendation or report for NDIS purposes, relevant considerations may include:

• the functional impact of the participant’s disability;
• the participant’s goals and occupational participation needs;
• the disability-related functions or tasks the assistance animal is intended to perform;
• evidence supporting the proposed assistance animal intervention;
• expected benefits and limitations;
• risks and safeguards;
• animal welfare and sustainability;
• alternative or complementary supports;
• implementation and training requirements; and
• ongoing review needs.

Where an assistance animal or related service is funded through the NDIS, practitioners must still comply with all other applicable:

• professional obligations;
• WHS/OHS duties;
• disability discrimination law;
• animal welfare and management requirements;
• biosecurity requirements; and
• organisational requirements.

The key distinction is:

NDIS requirements relate primarily to access to the Scheme, participant planning and funding of supports, whereas WHS/OHS legislation establishes legal duties relating to workplace health and safety.

These frameworks may intersect in practice, but they should not be treated as interchangeable.

Application to Assistance Animal Practice

Legislative, regulatory, professional and funding frameworks should inform relevant stages of Occupational Therapy assistance animal practice.

Depending on the practitioner’s role and the circumstances, this may include:

• client assessment;
• assistance animal suitability evaluation;
• environmental assessment;
• workplace and educational integration;
• risk assessment and risk management;
• public access planning;
• infection prevention and control;
• animal welfare considerations;
• documentation;
• incident management;
• emergency planning;
• consultation with relevant stakeholders; and
• collaboration with trainers, veterinarians and other professionals.

Occupational Therapists should distinguish between:

• legal requirements imposed by legislation;
• regulatory requirements administered by relevant authorities;
• professional obligations arising from registration, standards and scope of practice;
• organisational or program requirements established by workplaces, services or assistance animal programs;
• funding requirements associated with systems such as the NDIS; and
• recommended good practice informed by evidence, professional judgement and relevant guidance.

These requirements may overlap, but they are not interchangeable.

Understanding the distinction helps Occupational Therapists determine:

• what they are legally required to do;
• what their professional responsibilities require;
• what an organisation or program expects;
• what a funding body requires;
• when specialist advice is needed; and
• how risks can be managed without unnecessarily restricting the rights, autonomy or occupational participation of people who use assistance animals.

A sound understanding of these frameworks supports safe, ethical, legally informed and person-centred assistance animal practice while protecting the rights, safety and wellbeing of clients, animals, workers and the broader community.