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LAWS8311 Occupational Health And Safety Law And Policy

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LAWS8311 Occupational Health And Safety Law And Policy

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Course Code: LAWS8311
University: Australian National University

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Country: Australia

Question:

Under the WHS legislation there are 5 situations when a person conducting a business or undertaking (employer) must consult with workers. Name 3 of them.List 4 ways you can provide staff with workplace health and safety information.
An emergency evacuation plan is one example of a WHS procedure which helps to keep people safe. List 4 others relevant to your industry.List 2 methods of monitoring that staff are following WHS procedures List 5 types of document that would act as evidence of your company compliance with WHS laws.List 4 possible steps you could take  if you observed a staff member not complying  with your company’s WHS practices, or a hazard  control measure  was not working properly.
List 5 WHS issues or potential hazards you need  to monitor in your department/industry on a daily basis.List 3 matters you might discuss as part of making consultation arrangements.Name 3 methods you can use to provide staff members the opportunity to contribute their views on WHS issues.If you cannot resolve a staff members WHS issue or control a hazard yourself, name 3 people you might refer the issue to in order to find a resolution.A staff member  has raised WHS issues in the workplace which now have been resolved. Why is it important to communicate the result back the staff member who raised it Safe Work Australia’s Code of Practice “how to manage work health and safety risks” lists the instances when risk management must occur and hazard controls must be used.List 5 instance when this needs to occur in an organisation
List 4 different types of WHS training methodsGive 2 examples of when you must provide WHS training to your staff.Give 4 examples of training you might organise with a specialist WHS training provider.Give 3 reasons you should monitor the effectiveness of training programs Where should safety data sheets (SDS) be kept.
List 5 pieces of information you can find on an SDS.List 4 pieces of information that should be recorded as a training record for a staff member who has undertaken WHS training.How can you minimise the environment impacts of storing documents and files Under the WHS legislation , what is an employers duty of care in relation to providing a safe workplace If a business chooses to have direct, regular contact between employer and employees instead  of appointing a WHS Committee or appoint WHS representatives, have they failed to meet the requirements of the WHS act Why/Why not
If a WHS Committee raises a WHS issue with an employer, and the employer does not consider the issue in a timely fashion, has  the employer failed to meet their legal requirements Why/Why not hat is the role of the WHS committeeList 2 penalties a judge may impose on you if you fail to meet your duties under the WHS act.

Answer:

Under the WHS legislation there are 5 situations when a person conducting a business or undertaking (employer) must consult with workers. Name 3 of them

When recognizing hazards and evaluating risks (Australia, 2016).
When arriving at decisions on how to manage or eliminate risks.
When replacing or improving workplace facilities

List 4 ways you can provide staff with workplace health and safety information.

Through committee minutes
Through the organisation’s website
Information can be posted on notice boards at the workplace.
Workers can also get essential information through email

An emergency evacuation plan is one example of a WHS procedure which helps to keep people safe. List 4 others relevant to your industry.

Emergency plan and first aid
Risk management procedures
Wellbeing and health plans at the workplace
Guidelines on the use of personal protective equipment

List 2 methods of monitoring that staff are following WHS procedures.

The reduction of accidents at the place of work indicates that employees are following procedures
Employees who are always healthy are those following procedures

List 5 types of document that would act as evidence of your company compliance with WHS laws.

Laboratory Safety Guidelines
Bio-safety Manual
Asbestos Management Guidelines
Laser Safety Guidelines
Risk Management  Guidelines

List 4 possible steps you could take if you observed a staff member not complying with your company’s WHS practices or a hazard control measure was not working correctly.

Stop the staff member from conducting the company’s tasks.
Call the staff and other employees to explain and reinforce safety procedures.
Observe how the staff member performs duties after the safety meeting before allowing the employee to resume function.
Conduct a follow-up after a week to ascertain whether the staff member and other employees are following WHS procedures.

List 5 WHS issues or potential hazards you need to monitor in your department/industry on a daily basis.

Biological hazards like viruses, bacteria, and fungi
Physical hazards like radiations, ultraviolet rays, extreme temperatures, and loud noise
Ergonomic hazards like poor posture, vibrations, frequent lifting and awkward movement
Chemical hazards like poisonous gases, acids, fumes, and flammable materials
Work organisation hazards like workplace demand, violence, and pace.

List 3 matters you might discuss as part of making consultation arrangements.

The people who will be involved in the consultation
The appropriate venue for the discussions
The date and duration of the deliberations

Name 3 methods you can use to provide staff members with the opportunity to contribute their views on WHS issues.

Allow workers to send emails of their views on WHS issues(Enright, 2014)
Call for meetings and allow workers to provide suggestions about safety issues.
Encourage workers to ask for clarifications on any unclear issue of safety.

If you cannot resolve a staff members WHS issue or control a hazard yourself, name 3 people you might refer the matter to to find a resolution.

Health and Safety Representative
Employer
WHS Committee member

A staff member has raised WHS issues in the workplace which now have been resolved. Why is it important to communicate the result back the staff member who raised it?
Communicating the results back to the worker will clarify the unclear issues in the WHS regulations. The results also guide the staff members on the correct application of the safety rules. Communication between the employer and the employees also indicates responsible management.  Additionally, the practice alert members as they avoid repeating an undesirable safety issue in the future.
Safe Work Australia’s Code of Practice “how to manage work health and safety risks” lists the instances when risk management must occur and hazard controls must be used.
List 5 instance when this needs to occur in an organisation

Risk management must occur at all stages of asset or project lifestyle
It is also necessary for every confined space before employees are authorised to access the place
Risk assessment is also fundamental for assessing the risks of first aid
Hazards of fatigue must also be documented on the risk register
Manual tasks that are hazardous must be recorded for assessment

List 4 different types of WHS training methods

Instructor-Led Training
Interactive Techniques
Hands-on Training
Computer-Based Training

Give 2 examples of when you must provide WHS training to your staff.

When a new standard operating procedure has been introduced in the company
When the company has purchased new chemicals

Give 4 examples of training you might organise with a specialist WHS training provider.

Laboratory safety training
Workplace safety training
Laser safety training
Training on managing falls

Give 3 reasons you should monitor the effectiveness of training programs?

To change the program if it is not effective
To improve the training if it does not suit the needs of the trainees
To receive the best training for the workers

Where should safety data sheets (SDS) be kept?
SDS can be stored through paper copies or electronically

Electronic storage: after locating an SDS, a folder in internal drive should be used to save a copy where employees can retrieve and access it(Furci, & Sunindijo, 2018).
Blinders should be used to store paper copies. The blinders should be marked SDS and made available for employees.

List 5 pieces of information you can find on an SDS.
(a) Properties of all chemicals including:

Hazards on Environmental Health
Physical properties of chemical substance
Health impact of a chemical compound
Protective measures

Safety precautions guidelines for:

Transportation, storage and handling chemicals

List 4 pieces of information that should be recorded as a training record for a staff member who has undertaken WHS training.

The venue of the training
The start and the end date of the training
The types of training that the trainers applied on the trainees
The methods of training used during the sessions

How can you minimise the environment impacts of storing documents and files?
Replacing paper usage with electronic means prevent environmental hazards.
One way of replacing paper usage is by mailing information to employees. Recycling paper used in the office also minimises environmental pollution. Using send-and-return envelopes or the two-way types reduces wastage. Using intra-office envelopes and reusable inter-office envelopes also prevent environmental pollution. Therefore, storing files and papers poses a severe workplace ecological threat.
Under the WHS legislation, what is an employer’s duty of care concerning providing a safe workplace?
The employer should ensure that staff members and other stakeholders are safe from any danger. Additionally, employers must avail information about workplace risks and the protection mechanisms against the hazards. The employer should obtain life insurance to cover the employees in case of risks. Additionally, the employer should liaise with the WHS committee or representative to draft a risk analysis and management for the workstation.
The employer has a duty of training the employees on risk management techniques. They must also consult the workers on safety and health issues.
If a business chooses to have direct, regular contact between employer and employees instead of appointing a WHS Committee or appoint WHS representatives, have they failed to meet the requirements of the WHS act? Why/Why not?
A business that opts for employer-employee contact instead of appointing a WHS representative has violated the WHS legislation. WHS Act of 2011 requires organisations to have a WHS committee or a representative. The committee has the responsibility of resolving health issues which can be beyond the knowledge of the employer or the employees at the workplace. WHS representative or committee may have information that the employer lacks regarding workplace safety.
If a WHS Committee raises a WHS issue with an employer, and the employer does not consider the issue in a timely fashion, has the employer failed to meet their legal requirements? Why/Why not?
Yes. The failure of an employer to consider the suggestions raised by the WHS committee is against legal requirements. WHS committee always raises critical safety matters that require urgent attention. The failure to take appropriate actions towards the raised issues jeopardises the safety of employees.  The employers can face a jail term or pay fines for the consequences of negligence.
What is the role of the WHS committee?
The committee has a duty of addressing safety and health issues affecting the employees. WHS committee also discusses and resolves safety issues at the workplace (Prenzler, Manning, & Bates, 2015). It also finances the implementation of preventive mechanisms. The committee facilitates the implementation of WHS procedures, plans, and policies.
List 2 penalties a judge may impose on you if you fail to meet your duties under the WHS act.

The first penalty is monetary fines according to the nature of the offence
Secondly, the judge can pronounce a jail term for the offender.

Part A  Planning WHS systems, consultation and risk assessment
Your tasks
For this purpose of this assessment you need to provide for each situation listed below:

a) Explicit references to websites or sources including sections and pages where you located the relevant legislation
b) An implementation plan that provides the steps and processes for planning consultation, risk assessment and implementation for each situation

c). The actual records required to meet legislative requirements (for example consultation records for staff consultation/ where incident reporting to selected  the appropriate form(s)/ where chemical and hazardous substances are selected the relevant SDS, PPE register, training register etc./ where security management of any kind is selected the relevant SOPs, emergency procedures, staff training records/ where evacuation is selected, the floor plan(s), emergency procedures, wardens, form for reports as relevant etc.)

You are required to plan the following situation

1) Evacuation of staff and customers in emergency situation
2) Handling sharp equipment and knife in the kitchen
3) Handling chemicals and hazardous substances

Instance

Date

Duration from… to..

Task to be completed
What will be observed?

Selection 1.

19th December 2018

8 AM to 10 AM

Consultation
Risk Assessment process
Implementation
Monitoring of processes
Identification of Training Needs
Evaluation
Recording of documentation

Selection 2.

20th December 2018

10 AM to 12 PM

Consultation
Risk Assessment process
Implementation
Monitoring of processes
Identification of Training Needs
Evaluation
Recording of documentation

Selection 3.

20th December 2018

1 PM to 3 PM

Consultation
Risk Assessment process
Implementation
Monitoring of processes
Identification of Training Needs
Evaluation
Recording of documentation

After you have identified  the specific requirements for each situation  you will need to plan, develop and implement consultation processes with your staff colleagues.
instance

Situation

Describe the legal requirements set out by relevant code/ legislation that applies to this situation

The law requires the management to evacuate all staff and customers including those with disabilities in case of emergency (Regan, & Giles, 2017). The management should re-examine emergency procedures, equipment, and safety zones. Additionally, evaluation of signage, auditory and visual alarms is mandatory. The failure to evacuate workers during emergencies risks their lives.

Consultation requirements: where, when, what

Where: the management should conduct consultations at the company premises. However, the meeting and boardrooms should serve as desired places for discussions.
When: consultations are required when an emergency like fire erupts. However, discussions should also occur before the occurrence of risk
What: consultations should concentrate on ways to conduct safe evacuation of every individual from the premises

Who is involved:

The discussions should include the staff members, employees, customers, managing directors, WHS committee and WHS representative.

Risk assessment including Hazard Analysis- what will need to be assessed

The nature of the emergency
Safety equipment
Safety Zones
Evacuation chairs
Lifts

Complete the risk assessment template marked  “situation Evacuation of staff and members in an emergency situation

Instances

Situation

Describe the legal requirements set out by relevant code/ legislation that applies to this situation

The law requires kitchen workers to follow the relevant procedures when in the kitchen. The workers should concentrate on their work when using a sharp knife.  A kitchen worker should pick the knife using the handle (Terry,  Lê, Nguyen, & Hoang, 2015). The staff members should also practice effective cutting procedures. Additionally, failure to follow the standard operating procedures at the kitchen is punishable by the Australian laws on workplace health and safety (Williamson, Armstrong,  Edwards, & Obst, 2018)

Consultation requirements: where, when, what

Where: Consultation should happen outside the kitchen in places like boardrooms or meeting rooms
When: consultations should happen before a kitchen worker uses sharp objects like the knife. Additionally, discussions should take place before using sharp kitchen equipment
What: the talks should major on safety in the kitchen.

Who is involved:

Board of managers
Kitchen staff members
WHS committee
WHS representative

Risk assessment including Hazard Analysis- what will need to be assessed

The knowledge of workers on kitchen safety
Awareness of kitchen staff on the causes of kitchen accidents
Knowledge of workers on the right procedures of using knifes

Complete the risk assessment template marked “situation: handling sharp equipment and knife in the kitchen.

Instance

Situation

Describe the legal requirements set out by relevant code/ legislation that applies to this situation

EHS laws require employers to ensure that employees are protected against hazardous substances and chemicals in the workplace (Tompa et al., 2016). The employer should consult workers, safety representatives, and others to ensure that relevant changes provide safety of every individual. The management of a given institution should label the containers storing chemical substances.

Consultation requirements: where, when, what

Where: consultations should occur at the board and meeting rooms.
When:  Consultations should occur regularly before the beginning of a day’s activities.
What: stakeholders should discuss the appropriate ways of handling chemicals and hazardous chemicals

Who is involved:

Safety and Health Representatives
Board of directors
Staff members
WHS committee
WHS representative

Risk assessment including Hazard Analysis- what will need to be assessed

The types of chemicals in the workplace
Workers’ knowledge n handling chemicals and other hazardous substances
Location of the substances
The safety of the storage containers

Complete the risk assessment template marked “situation: Handling Chemicals and dangerous substances.

Case study: An apprentice named Jane in a restaurant has been continually ignoring and refusing to the safety guard on the meat slicer even though she has been told many times she must use it. It is due to the fact it is easier to get a nice thin even cut on some small goods without the safety guard. On this occasion she has again not used the safety guard and has cut the ends of all her finger off and is bleeding severely. You must:

Firstly explain your immediate actions to the first aid emergency

The first step is to stop the bleeding. Applying pressure on the wound using a clean cloth until bleeding seizes a sure way of stopping the bleeding.  Secondly, I would raise the hand of Jane above her chest to lower the speed of bleeding. I will then wash my hands, clean the wound and dress it. I will use clean water and soap to clean the wound gently.  I will then cover the wound using antibiotic cream which prevents infection. I will maintain the injury by changing the bandage on a daily basis.

What records you must fill out regarding the incident

The name of the person involved in the incident

Time of the incident
The first aid performed on the patient
The safety rules that the patient neglected
The nature of the cut; whether deep or otherwise
Explain the process of reporting the incident to work cover

The witness should report the incident to the manager of the restaurant.  The manager should then contact the insurance company through phone or email to alert it about the event. The administrator should provide accurate information about the nature of the incident. The manager should ask the life insurance company to move fast and assist the lady involved in the incident.

What counselling must occur with Jane when she comes back to work

The management must inform Jane to follow the safety rules at the restaurant. Co-workers should persuade her to use the safety guard when slicing meat.
The management should remind her to concentrate on her work when she is in the kitchen
The co-workers should work closely with her and assist when need arises

The processes of updating procedures regarding staff who refuse to follow WHS instructions from management.

Part B – Implementing, monitoring and evaluating WHS systems
Your tasks
You are required to implement each situation based on the work you have planned and completed in Part A.  

Brief all relevant staff before implementation to  provide a refresher of the procedures that were finalised and determined during consultation and risk assessment
Monitor each situation and ensure that any breaches are identified promptly.
Use appropriate templates or a log to document progress and incident for each situation.
Take appropriate actions to prevent any potential incidents, accidents or other hazards where a safety risk has been identified.
Document each breach or shortfall you identify for each instance
Write a report summary for each situation and clearly outline the requirements for changes for a procedure based on the result in 4. And which type of training this will require as a result for each situation.
Attach your completed templates or log as relevant
Attach your final summary report 

Organisation

Hotel Futura

Risk assessment completed by:

XXX

department

Catering

Date

15.06.2016

Section

Patisserie

Review date

Refer to due date required

Workplace activity

1.preparationof doughnut mixture
2.cooking doughnuts
3.finishing and garnishing
4. packaging
5. distribution to outlets
 

 

Step 1
Activity
 
(describe/name the activity, task or process with the associated risk)

Step 2
Hazard
 
(describe the hazard)

Step 3
Potential risk
( describe consequences and impacts of the risk)

Step 4
Existing controls
(describe existing risk control measure in place)

Existing risk score
If relevant

Step 5
Action required hierarchy of controls

Risk score

                         Implementation

Action by

Due date

Date completed

 

 
 
Preparing doughnuts

 
 
The doughnuts mixer is not guarded, and the mixing bowl could be accessed when the machine  was operating

 
 
The person operating the mixer could be injured by the moving parts if their hand slipped in while the machine was operating. Hand could be cut or could even lose a finger.
 
3 staff are the machine frequency

 
 
Staff follows SOPs

 
 
4

 
 
Indicate the unacceptable level of risk. Controls must be immediately implemented or risk eliminated(i.e. cease activity

 
 
9/catastrophic

 

 
 
XX

 
 
24 hours

 
 
Not yet completed

 

Step 1
Activity
 
(describe/name the activity, task or process with the associated risk)

Step 2
Hazard
 
(describe the hazard)

Step 3
Potential risk
( describe consequences and impacts of the risk)

Step 4
Existing controls
(describe existing risk control measure in place)

Existing risk score
If relevant

Step 5
Action required hierarchy of controls

Risk score

                         Implementation

Action by

Due date

Date completed

 

 
Cooking doughnuts

 
The frying pan is not covered; hence, oil can easily spill on the chef
 

 
The spilling of hot oil can cause severe burns on the skin of the chef in the process of cooking doughnuts
 

 
The chef should maintain a safe distance from the cooking oil and the frying pan. The chef should also follow the standard operating procedures
 

 
 
5

 
Chefs must avoid overheating the cooking oil.
Chefs must maintain a safe distance from the source of fire
 

 
8/ catastrophic
 

 

 
 
20th

 
 
21st

 
 
Not yet completed

References
Australia, S. W. (2016). National Safe Work Month is held in October each year and aims to improve the awareness of workplace health and safety in the workplace and to encourage discussion about safety at work by sharing positive workplace stories from across Australia. LAMP, 39.
Enright, P. T. (2014). Work Health & Safety legislation; the fire engineer’s neglected duty?. Case Studies in Fire Safety, 2, 1-8.
Furci, J., & Sunindijo, R. Y. (2018). Impacts of the WHS Act 2011 on safety management in small and medium construction companies. International Journal of Construction Management, 1-11.
Prenzler, T., Manning, M., & Bates, L. (2015). The implications of a harm perspective on terrorism, road safety, tobacco, alcohol, illicit drugs and workplace health and safety. Journal of Policing, Intelligence and Counter Terrorism, 10(2), 88-101.
Regan, L., & Giles, M. (2017). Queensland set for WHS crackdown: Hefty penalties likely under harmonised legislation. Proctor, The, 37(6), 28.
Terry, D., Lê, Q., Nguyen, U., & Hoang, H. (2015). Workplace health and safety issues among community nurses: a study regarding the impact on providing care to rural consumers. BMJ Open, 5(8), e008306.
Tompa, E., Kalcevich, C., Foley, M., McLeod, C., Hogg?Johnson, S., Cullen, K., … & Irvin, E. (2016). A systematic literature review of the effectiveness of occupational health and safety regulatory enforcement. American journal of industrial medicine, 59(11), 919-933.
Williamson, A., Armstrong, K., Edwards, J., & Obst, P. (2018). Learning from the positive to encourage compliance with workplace health and safety pp 56-78.

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