Delivery in day(s): 4
BSBWHS302 Apply Knowledge of WHS Legislation in the Workplace
This assignment is based on WHS (Work Health and Safety) or OHS (Occupational Health and Safety) in Australia. WHS is an important part of work place to avert injury and illness. According to data published by an agency called Safe and Work in Australia, 32 workers have been killed at work from 1st January to 14th March 2017, mainly in industry like transport& warehousing, agriculture, construction, arts and recreation services, electricity and water services, manufacturing etc. Looking at the history of WHS occupation, death and injury in work is a serious danger to livelihood of worker’s. There are various acts, regulations, policies and procedures related to WHS are as follows.Workers didn’t have the basic health and safety and also compensation schemes in nineteenth century. If workers had an accident while working, no compensation was paid by the company. After many accidents and rise of labor movements brought occupational safety and health issue in front of society.
1. WHS (Work Health and Safety)
In Australia, WHS and Safe Work Australia jurisdictions in every state or territory have responsibility to impose WHS/OHS legislation (act and regulations). This program help employers and employee perceive risks they are exposed to on a daily basis. It is essential for WHS practitioners as well as business owners, managers and employees dealing with specific hazards and risks. Before 2012, workplace health and safety (WHS) laws were know as Occupational Health and Safety laws. In order to make laws more consistent across Australia, government agrees to develop model law, on which they could base their health and safety laws (Auch, et al, 2010).
Main objective of imposing WHS legislation, codes, standards, policies and procedures in work place: -
To provide stability and consistent structure to secure safety of employees.
To encourage association to assist in to attain secure work area.
To help industry comply with the duty of care principle.
2. Define the terms: -
Duty of care: -It is a legalduty to shelter the security of workers. Duties are not transferrable. If a person has duty to take care of health and safety of employee that means they need to minimize the riskas far as possible, while they are at work.
Hazard: -In a simple way hazard means a danger or risk. It is situation where risk of life, health, property or environment presents.It is potential source of harm to worker.
Risk: -It is the possibilities (high or low),that any threat can be occurred (Gollan, et al. 2013).
3. Difference between legislation and regulation: -
Legislation: -Legislation is written in law and directly played by Government or governing bodies.In the agreement of Intergovernmental for Regulatory and Operational Reform in Occupational Health and Safety, all authority have to embrace the legislation of WHS and to ensure its consistency and other laws and processes.
Regulation: -Regulations are guidelines that are directly made and maintained by competent authority (Gollan, et al. 2013).
4. Difference between an industry Code of Practice and an Australian standard:-
Codes of practice: -codes of practice are things company follow.WHS/OHS has a physical handbook called codes of practice, to give knowledge about how to gain the standards of health and safety involved in regulations. It gives a general overview of how to make work place safe and healthy and also outline legal responsibilities and duties as a business owner or employer.
Australian Standards: -Australian standardsare set of rules designed to ensure that systems are consistent and reliable the way they have to.If they are not as per norms, they may face penalties if do not meet them (Bahn, 2013).
5. “There is no point talking to workers about WHS; they don’t have the knowledge or experience to contribute anything that would be useful”
Not completely agree with the statement. As statement says workers who do not have knowledge to contribute anything about health and safety in workplaceis not true. Some employees has a little while some of them has all theknowledge about WHS. Addressing health and safety should not be seen as burden to the organization (Johnstone, et al. 2011).
6. (I) The six areas when consultation is required with workers:-
1. When changes in policy and procedure needs worker’s consultation.
2. When planning of health and safety training.
3. Making decisions about how to eliminate or minimize risk.
4. Making alteration that can impact the worker’s safety.
5. in identifying hazards or risk.
6. Doing any other things related to procedure of health and safety.
(II)List of penalties for a category 1 offence for an:
There is highest penalty under WHS Act for category 1 offence:-
Individual: - Individual for example: worker, penalty up to $300,000 or 5 years jail.
Person Conducting a Business or Undertaking (PCBU):- penalty up to $600,000 or 5 years jail.
Body corporate: - penalty up to $ 3 million.
7. Five activities could undertake to help monitor compliance with WHS legislation in the workplace:-
2. Internal audits
3. Employee feedback.
4. Third party external audits.
8. Three WHS documents commonly used in workplace:-
(I) Health and safety Police
(II) Insurance certificate.
(III) Risk assessments.
Contribution of each for safer workplace:-
Health and Safety Policy: -If an organization have more than 5 employees, must have written health and safety policy. It contains statements of general policy and arrangements for putting it into practice.
Insurance Certificate: -Organization must display its insurance certificate in physical or electronically form.
Risk assessments: -organization must have careful examination of what could cause harm that can be affected (Hanna, et al. 2010).
9. If a WHS issue identified with whom to consult and co-ordinate?
Yes, if there is an issue related to WHS, the worker who spotted the non-compliance legally obliged to report the situation to the relevant person or authority. A person can share information with workers and their health and safety representative about matters which they identified and also raise concern and report problems.
10. If a person is unaware about WHS issue, the sources where it can seek further information are from:-
1.Consult with contractors involved in same work: -If there is any problem occurred in equipment, contractors take care of their own workers.
2. Consult with landlord or managing agent: -If there is any problem with the contractor doing maintenance or repair work.
3. Consult with installer of plant: -If any problem related to plant installation, like where, how and when plant will install.
4. Consult with supply or logistics chain management: -For example if there is problem related to process of collection, timings or delivery of goods.
5. Consult with franchisor and franchisee: -For example determining how the franchise arrangements are to be operated.
A mining construction site provides hard hats and goggles to their staff, but not to site visitors:
If mining construction site unable to provide safety measures to the visitors, they are non-complaining with the formal requirements. The safety of the staff is as important as the safety of visitors.
The sources which provide organization further information and assistance are as follows:-
1. Work Health and Safety (Mines and Petroleum Sites) Acts 2013 No 54.
2. Mine Safety and Health Administration – MSHA
3. Mine Health and Safety News from Legal Publications Services.
4. U.S. Mine Rescue Association.
The sources might be able to provide to the visitors by the organization are as follows:-
1. Maintain a well written Health and Safety Plan.
2. Impose Heath and safety standards and procedures.
3. Ban anyone from the site who violates health and safety measures.
4. Practice incident control.
5. Audit health and safety practices as and when required (Australia, 2012).
A new employee does not receive induction training and is told by a supervisor that it’s a “hit the road running, learn as you go”
Induction training is an important part of on boarding new employees and let them familiarizing them with organization. Giving induction to employees help them to speed up and productive soon.
The sources which provide organization further information and assistance are as follows:-
1. Work Health and Safety Employment Act 2015 No 70.
2. Division of Workplace Health and Safety (Department of Training and Industrial Relation).
3. Australian Council of Trade Unions.
4. Australian Chamber of Commerce and Industries.
The sources might be able to provide to the new employee:-
1. A guided tour of workplace.
2. Introduction of all terms and conditions.
3. Health and Safety training.
4. Specific job role training.
5. Basic introduction of company and how all the departments work.
A worker met with an accident, advice on eliminating a risk in future.
The organization must make sure that health and safety of workers are their own responsibility.
The sources which provide organization further information and assistance
1. Work Health and safety PCBU (Person Conducting a Business or Undertakings) Act 2011, section 5.
2. Management or control of workplace, section-20
3. Management or control of fixture, fittings or plant at a workplace, section-21
The sources might be able to provide to the employee and to avoid risk in the future are as follows:-
1. Ensure all power tools are properly maintained and electrical leads are designed for outdoor use.
2. Use nonslip grip handle in workplace.
3. Provide slip resistance boots and footgear, reduce the risk.
2.Standard Operating Procedure (SOP):-
(a) SOP contributes to monitor WHS compliance and making the workplace safer.
Most of the injuries results from lack of training, experience, high speed and unsafe driving. SOP helps in making the workplace safe by developing safe use procedure to match the risk. Check breaks and tiers regularly,pay regular attention to maintenance advice in the vehicle manual; take extra care when operating a tractor on unfamiliar or rough space.
(b) How to ensure everyone who operates the tractor has access to the checklist:-
1. Ensure compliance and proactive communication with all staff.
2. Conduct various test related to the checklist (Idris, et al. 2012).
(c) During training, trainer failed to complete checklist and worker got injured, the responsibilities of trainer are as follows:-
If any mishap occurs, employers are responsible for safety and health within the boundary of company or its time. OSHA (Occupational Safety and Health Act of 1970 says the company is responsible for assurance of safety and healthy working environment for employees.
Compensation of workers: -Employers have to pay the expenses of medical and lost wages occurred because of accident.
1. Bar managers obligations and requirements:-
a. Manager should manage entry into venue to ensure intoxicated people don’t entre.
b. Manager should monitor and communicate on crowd and individual behavior.
c. Manager should deal with aggressive or abusive people to calm the situation.
d. Manager should arrange bouncers to physically manage violent behavior.
2. Patron’s rights under the relevant WHS legislation:-
Under theWork Health and Safety Act 2011 and the Liquor Act 1992, depicts that there must be mandatory health and safety for patrons and their staffs.
a. Access to free water.
b. A smoke free environment in indoor areas.
c. Responsible service of alcohol by staff (Hohnen, et al 2011).
3. WHS legislation, regulations, code or standards:-
a. The Liquor Act 1992 and the liquor Regulation Act 2002,depicts that there must be penalty and must regulate the proper supply of liquor.
b. The Liquor and Other Amendments Act 2008,depicts that there first priority is to minimize harm.
c. The Responsible Service Supply and Promotion of Liquor Code of Practice,originated by Office of Liquor and Gaming Regulation.
These WHS legislation relates to this industry, because these legislations are for the Health and Safety of patrons which was not available at pub.
4. Consequences of the non-compliance with WHS legislation, codes and standards:-
a. If an employer is not complying with safety guidelines, then they will not receive any compensation.
b. If worker injured, and employer was not in compliance, has to pay medical or food cost.
c. There are three categories of penalties, if they fail to comply.
5. Changes that would made to contribute to achieve compliance:-
a. Through effective communication and interpersonal skills, the conflict could be avoided.
b. Getting an affected person to the safe and quiet place.
c. Refuse to allow more patrons, when bar was already full.
6. WHS documents informing all the staff of the changes that need to be implement to ensure compliance:-
Changes in Organization for Compliance
Last night, an incident happen which created a huge loss to the organization staff as well as to its customers. As Bar Manager of Surface Paradise, I have decided to make some changes that need to be implemented:
The security staffs should include door attendant and bouncers throughout the bar area and install the biometric system for their records:
The club experience is not so friendly with all the customers, so there is always a need to provide proper safety to its customers. Business is planning to install biometric system, so that it will give information about the inside crowd.
A cashier/cash machine must be placed at the entrance to accept payments:
Now a cashier will be placed at the entrance to avoid the hindrances. Cashier has to pay attention to details of cash and customers. This will avoid crowd in the interior of pub.
Individual service staff for each department (WHO, 2011):
There will be individual staff for every department like accounting officers, marketing and PR officers, head chef, cashier or greeter etc. We will be hiring more staff to avoid this kind of incident.
For any other queries related to changes contact to the company owner or to the concern person. Staff can access information on notice board.
Designation: Bar Manager
Robson, L.S., Clarke, J.A., Cullen, K., Bielecky, A., Severin, C., Bigelow, P.L., Irvin, E., Culyer, A. and Mahood, Q., 2007. The effectiveness of occupational health andsafety management systeminterventions: a systematic review. Safety Science, 45(3), pp.329-353.
Lin, J. and Mills, A., 2001. Measuring the occupational health and safety performance of construction companies in Australia. Facilities, 19(3/4), pp.131-139.
Driscoll, T., Mitchell, R., Mandryk, J., Healey, S., Hendrie, L. and Hull, B., 2003. Coverage of work related fatalities in Australia by compensation and occupational health and safety agencies. Occupational and environmental medicine, 60(3), pp.195-200.
Kortgen, A., Niederprüm, P. and Bauer, M., 2006. Implementation of an evidence-based “standard operating procedure” and outcome in septic shock. Critical care medicine, 34(4), pp.943-949.
Auch, A.F., Klenk, H.P. and Göker, M., 2010. Standard operating procedure for calculating genome-to-genome distances based on high-scoring segment pairs. Standards in genomic sciences, 2(1), p.142.
Johnstone, R., 2008. Harmonising occupational health and safety regulation in Australia: The first report of the national OHS review. Journal of applied law and policy, (2008), pp.35-58.
Bahn, S., 2013. Workplace hazard identification and management: The case of an underground mining operation. Safety science, 57, pp.129-137.
Gollan, P.J. and Patmore, G., 2013. Perspectives of legal regulation and employment relations at the workplace: Limits and challenges for employee voice. Journal of Industrial Relations, 55(4), pp.488-506.
Johnstone, R., Quinlan, M. and McNamara, M., 2011. OHS inspectors and psychosocial risk factors: Evidence from Australia. Safety Science, 49(4), pp.547-557.
Hanna, E.G., Kjellstrom, T., Bennett, C. and Dear, K., 2010. Climate change and rising heat: population health implications for working people in Australia. Asia-Pacific journal of public health, p.1010539510391457.
Australia, S.W., 2012. Work-related traumatic injury fatalities, Australia 2009-10. Australian Government-Safe Work Australia.
Idris, M.A., Dollard, M.F., Coward, J. and Dormann, C., 2012. Psychosocial safety climate: Conceptual distinctiveness and effect on job demands and worker psychological health. Safety Science, 50(1), pp.19-28.
Donham, K.J. and Thelin, A., 2016. Agricultural Medicine: Rural Occupational and Environmental Health, Safety, and Prevention. John Wiley & Sons.
Zanko, M. and Dawson, P., 2012. Occupational health and safety management in organizations: A review. International Journal of Management Reviews, 14(3), pp.328-344.
Australia, S.W., 2012. Compendium of Workers¿ Compensation Statistics Australia 2009¿ 10. Australian Government-Safe Work Australia.
World Health Organization, 2011. Global launch: decade of action for road safety 2011-2020.
Hohnen, P. and Hasle, P., 2011. Making work environment auditable–A ‘critical case’study of certified occupational health and safety management systems in Denmark. Safety Science, 49(7), pp.1022-1029.