Legal Requirements for Workplace Health and Safety
In Australia, the Safe Work Australia (SWA) is obligated to come up with model Work Health Safety (WHS) legislative framework and other materials on the same meant to help organizations develop their own internal workplace health and safety regulations and codes of practice. The Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 have been instrumental to this end by requiring organizations’ duty holders to eliminate or minimize workplace health and safety risks through consultation and cooperating with employees [Australian Government 2018ab]. Drawing on this yardstick, this paper is a report to the management of Otsuka pharmaceutical company on its legal requirements to comply with WHS Acts, regulations and codes of practice for purposes of advancing safety workplaces for its employees and others.
Otsuka pharmaceutical company Ltd is a conglomerate pharmaceutical company established in 1964 by Busaburo Otsuka and is involved in the manufacture and supply of healthcare products. The company is headquartered in Tokyo, Naruto and Osaka, Japan but has a worldwide interest with major operations in Australia, Europe, American, and Asia. As of 2017, Otsuka boasted of having 5634 employees. [Otsuka Pharmaceutical Co., Ltd, 2018]. The company is headed by a board of directors and regional presidents with many managers who are mandated to manage its many products and business interests. The employees typically oversee the daily operations of the company in various departments.
Being a company that deals with potentially hazardous chemicals, in the Australian region, the company submits to the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011. Otsuka’s pharmaceutical business posits grey health and safety risks to its employees as well as those who occasionally come into contact with its operations. Health and safety risks inherent include health hazards such as exposure to chemicals through skin contact, ingestion, and inhalation. Moreover, physical hazards posed by pharmaceutical products include corrosion, explosions, fire, and oxidation causing damage and injury to both people and property (Strauch, 2011).
Secondary sources contacted included Australian Capital Territory’s (ACT) Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 and the Code of Practice developed by SWA. Moreover, to substantiate Otsuka’s current compliance to WHS Acts, regulations and codes of practice, a primary survey was done by interviewing a sample of Otsuka’s staff on the same.
Otsuka is obligated to comply with the Australian WHS policies, procedures, and programs of handling hazardous chemicals as enshrined in the Work Health and Safety Act 2011. The Work Health and Safety Regulation 2011 and in particular WHS Regulations Part 7.1 Hazardous Chemicals help the organizations to detail out legal requirement with the view of meeting the duties set out in the Work Health and Safety Act 2011. Otsuka also refers to Code of Practices such as; Preparation of safety data sheets (SDS) for hazardous chemicals; and Labeling of workplace hazardous chemicals developed by SWA [Safe Work Australia, 2012]. Moreover, Otstuka occasionally trains its employees on workplace health and safety on concerns such as fire emergency response and hazard and incident reporting.
Otsuka Pharmaceutical Company Overview
Otsuka uses safety data sheets to record all the chemicals it either imports or manufactures and classifies and documents their hazardous nature and communicates the same to all employees before they can be handled at the workplace. Bahn 2013 asserts that appropriate labeling, hazards words, statements, and pictograms are important in identifying the containers or pipes having hazardous substances. Otsuka identifies hazards by carefully observing labels of chemicals regularly, constantly making walkabouts to identify if there any leeks on pipes carrying hazardous chemicals, conducting regular consultation with concerned stakeholders especially the work teams to establish sources of risks. Kuempel, Geraci, and Schulte, (2012) observe that such a process is effective since besides being exhaustive, it brings to light all possible hazards to the limelight of employees.
Otsuka determines and prioritizes the riskiness of hazardous chemicals through a risk matrix as well as by examining the nature of the hazardous substance. Highly flammable, corrosive, and highly poisonous substances are deemed highly likely to pose risks and catastrophic in consequences while carcinogenic and irritant substances are viewed as less likely to occur besides having fewer consequences in case of occurrence. During training and risks assessment, work teams are usually consulted to give views on the same. Outcomes are documented in a risk assessment form for action plans. Otsuka’s risk assessment process is adequate since all stakeholders’ inputs are sort and effectively considered for action plans through structural risks assessments.
Otsuka has instituted a vibrant risk control plan for its employees with the hierarchy system by and large being used to contain various risks. Eliminating hazards from the workplace is sort whenever an exposure to hazardous chemicals occurs before other risk control processes can be engaged. Moreover, administrative controls are effected where necessary to bar staff from adverse contact to chemicals during their cause of duty. Personal protective equipments are used to minimize employee’s risks to employees directly. These processes are effective since very few incidences of workplace hazards are reported. Otsuka occasionally gives out its report on risk assessment and control to sensitize its employees on the actions taken on the same. Covello and Merkhoher, (2013) assert that this is critical in following the control processes of the same.
According to ACT Part 5, Division 5.1 and 5.2 WHS Act 2011 duty-holders are obligated to consult with other duty-holders as well as with workers respectively on matters concerning their overall health and safety concerns while at their places of work [Australian Government 2018]. Otsuka has endeavored to comply with this requirement since it occasionally summons all its employees to a brainstorming session in which the management and the employees engage in a consultation dialogues on how best health and safety issues ought to be observed. Moreover, according to ACT Part 5 Division 5.3 and 5.4 WHS Act, 2011 workers are given an option to be represented in health and safety work groups and health and safety committees with regard to their health and safety concerns [Australian Government 2018a]. With Otsuka’s enormous workforce, these arrangements are instrumental for the same especially in instances when some employees are unavailable.
WHS Policies, Procedures, and Programs
Otsuka’s specific workplace hazards that need management include flammable materials that pose the risk of fire; corrosive materials that pose the risk of skin burn and ache; carcinogenic and radioactive materials that pose the risk of cancer and irritation; poisonous and infections materials that pose the risk of suffocation; reactive and oxidizing materials that pose the risk of oxidation. Otsuka has greatly managed these risks through efficient risk identification, assessment, and control.
Otsuka has engaged employees on several trainings on their health and safety. These include; sensitization of observing the WHS rules, regulations and codes of practice; Ways of identifying health and safety risks and how to assess and control them; personal health and safety and Emergency preparedness among others. Virtually, Otsuka makes enough efforts to make sure all these safety trainings are observed and adequately addressed through regular follow-ups. Schulte, Pandalai, Wulsin, and Chun, (2012) observe that training have help employees to be more aware of themselves as they carry out their day to day activities. This has greatly helped to minimize instances of both accidents and injuries at Otsuka pharmaceuticals
According to the ACT Part 2Division 2.2 WHS Act 2011, a person conducting a business or undertaking’s (PCBU) primary role is to ensure the health and safety of all employees and other people that have the potential of being influenced by their business[Australian Government 2018a]. The company’s supervisors and team leaders effect this by ensuring appropriate training have been given to employees and ensuring protective gear have been availed to employees. ACT Part 2Division 2.4 WHS Act 2011 confers upon workers to take reasonable care of their own health and safety while at the workplace [Australian Government 2018a]. Moreover, Christian, Bradley, Wallace, and Burke, (2009) assert that employees have a responsibility to take care of themselves in course of their duty while at work.
Otsuka’s workplace policies, procedures and programs, and organizational culture have played major role in facilitating its success in delivering a healthy and safe workplace. Supervisors/ team leaders’ work is by and large made simply since they are just required to enforce them diligently to produce positive outcomes. Being a multinational, Otsuka has an elaborate organizational culture that incorporates many workplace policies including workplace health and safety policies. Sousa, Almeida, and Dias, (2014) observe that supervisors and team leaders can use this as a yardstick to benchmark upon in implementing the organization’s health and safety responsibilities. Moreover, well trained supervisors and team leaders positively impact the skills and knowledge in their position to the rest of the employees who in turn assist to forge an overall healthy and safe organization (Goetzel et al. 2014).
Hazard Identification and Risk Assessment
|
Area |
Recommendation |
Position |
|
|
1 |
Hazard identification; Risk assessment; Risk control |
There be special committees whose principle task is to identify, assess and control current and eminent hazards and risks for the entire organization as opposed to each department having its own. |
Australian director of workplace health and safety |
|
2 |
WHS training and consultation |
These should be done every quarterly to act as a constant reminder to employee of their responsibility to observe their own health and safety while at work |
Supervisor in charge of WHS training |
|
3 |
Role of the PCBU |
These stakeholders should be subjected to further training to be more effective when they are training fellow employees on the same |
Supervisor in charge of WHS training |
Conclusion
Health hazards and risks are inherent to workplaces and indeed pose great health and safety risks to both employees and other people. As such, organizations are obligated to develop effective organizational policies, regulations, strategies, and programs depending on the type of business they are involved in. In Australia, the Safe Work Australia (SWA) has been obligated to come up with model Work Health Safety (WHS) legislative framework and other materials on the same meant to help organizations develop their own internal workplace health and safety regulations. The Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 have been instrumental in helping to forge efficient hazard identification, risk assessments, risk control, and trainings programs for companies such Otsuka and in doing so assisting them lead healthy and safe workplace environments for their employees and others [Australian Government 2018ab]. PCBU are obligated to advance and promote such environments by reference to these WHS Acts, regulations and codes of practice.
Australian Government 2018a. Federal Register of Legislation. Work Health and Safety Act 2011 [Accessed from] https://www.legislation.gov.au/Details/C2018C00293. Retrieved 9/22/2018
Australian Government 2018b. Federal Register of Legislation. Work Health and Safety Regulations 2011 [Accessed from] https://www.legislation.gov.au/Details/F2011L02664 Retrieved 9/22/2018
Bahn, S., 2013. Workplace hazard identification and management: The case of an underground mining operation. Safety science, 57, pp.129-137.
Goetzel, R. Z., Henke, R. M., Tabrizi, M., Pelletier, K. R., Loeppke, R., Ballard, D. W., … & Serxner, S. (2014). Do workplace health promotion (wellness) programs work?. Journal of Occupational and Environmental Medicine, 56(9), 927-934.
Otsuka Pharmaceutical Co., Ltd 2018. Compliance & Risk Management
[Accessed from] https://www.otsuka.co.jp/en/company/compliance/ Retrieved 9/22/2018
Covello, V. T., & Merkhoher, M. W. (2013). Risk assessment methods: approaches for assessing health and environmental risks. Springer Science & Business Media.
Christian, M.S., Bradley, J.C., Wallace, J.C. and Burke, M.J., 2009. Workplace safety: a meta-analysis of the roles of person and situation factors. Journal of Applied Psychology, 94(5), p.1103.
Kuempel, E.D., Geraci, C.L., and Schulte, P.A., 2012. Risk assessment and risk management of nanomaterials in the workplace: translating research to practice. Annals of occupational hygiene, 56(5), pp.491-505.
Strauch, K. A. (2011). Invisible pollution: the impact of pharmaceuticals in the water supply. Aaohn Journal, 59(12), 525-533.
Sousa, V., Almeida, N.M. and Dias, L.A., 2014. Risk-based management of occupational safety and health in the healthcare industry–Part 1: Background knowledge. Safety science, 66, pp.75-86.
Schulte, P.A., Pandalai, S., Wulsin, V. and Chun, H., 2012. Interaction of occupational and personal risk factors in workforce health and safety. American journal of public health, 102(3), pp.434-448.
Safe Work Australia, 2012. Managing Risks of Hazardous Chemicals in the Workplace; Code of Practice [Accessed from] https://www.safeworkaustralia.gov.au/system/files/documents/1702/managing_risks_of_hazardous_chemicals2.pdf Retrieved 9/22/2018
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