The key features of the Workplace Health and Safety Act/s and Regulations
Discuss about the National Policy To Improve The Health And Safety.
According to Federal Register of Legislation (2011) Safe Work Australia is responsible for the evaluation of the national policy to improve the health and safety of the workers at the workplace and to organize compensation arrangements throughout Australia. In 2011, Safe Work Australia formulated the Work Health and Safety Act to provide a balanced framework for the health and safety of the workers at the workplace.
So, in this report, the importance of WHS Compliance by different authorities on the workplace would be stated. Also, the template regarding the WHS and risk management practices for the company in question- John Readings Pty Ltd would be formulated. Furthermore, the training program for the WHS requirement of the case study in Part C and its risk assessment would also be done.
The Work Health and Safety Act 2011 (The WHS Act) formulates a framework to safeguard the health, security and wellbeing of the workers and the other employees at the workplace. The workers who should be safeguarded at the workplace comprise of employees, contractors, sub-contractors, volunteers and the trainees (Queensland Government, 2017).
- PCBU’s: According to Safe Work NSW (n.d.) the responsibilities of PCBUs include ensuring the safety of the systems, developing adequate amenities for the safety of the workers and providing appropriate information, training and supervision to them.
- Officers of theorganization: According to Section 4 of the model WHS Act, the officer is the person who makes or contributes to the decision making process of the organization. It requires the officers to implement steps relating to the health and safety culture of the organization.
- Managers andsupervisors: They are responsible to take reasonable care for the health and safety of themselves and the workers. They must abide by with the policies and procedures related to health and safety at the workplace.
- Workers: According to Australian Government (2014) the accountability of the workers is to contribute in the maintenance of health and safety at the workplace. Since workers are the persons who possess the necessary skills and expertise to improve the health and safety conditions at the workplace, so that they have been allocated the utmost responsibility to contribute towards the health and safety of the workplace.
- Other persons at theworkplace: As per Queensland Government (2017) the other persons at the workplace or where the electrical equipment is located have the duty to take care of the health and safety of themselves and others.
The code of practice comprises of the comprehensive information regarding the achievement of the standards needed under the work health and safety laws (WHS). According to Safe Work NSW (n.d.) the code of practice are available for construction works, confined spaces, diggings work, proving first aid at the workplaces, hazardous manual tasks, regulating asbestos at the workplace and management and of the risks related to work health and safety risks.
The Work Health and Safety Act 2011 have provided certain standards to secure and safeguard the health and safety of the workers at the workplace. These comprise of Work Health and Safety Regulations 2011, Code of practice, Driving and Snorkeling laws and consultations and representations etc.
The Act safeguards the health and safety of the workers. The term ‘workers ‘include employees, contractors, sub-contractors, trainees, volunteers and volunteers.
The Work Health and Safety Regulations explain how to reduce or avoid the risk at the workplace. The code guides the PCUBs regarding the ways to achieve the standards as required by the act and the effective ways to monitor and regulate the risks (Bluff, 2017).
As per Australian Government (2017) the Workplace health and safety management system (WHSMS) is the approach initiated by the PCBUs to reduce the risk of hazards emerging due to the nature of the work.
Implications of the Workplace Health and Safety Act/s and Regulations on the following positions in John Readings Pty Ltd
According to Safe Work SA (n.d.) sharing of information regarding identified hazards is necessary for a safer work place. Consultation is a requirement by law and a crucial component of managing health and safety risks. For establishing a safer work place, everyone who is a part of the workforce should be involved in the communication regarding the identification and reduction of risks, work health and safety concerns and working together to find a solution .
The initial step in information sharing is to recognize the other duty holders, with whom the PCBUs will consult, coordinate and cooperate the activities of workplace health and safety.
The consultation process comprises of the regular weekly meetings conducted with workers in which security and health of the workers is always the crucial part of the agenda. The owner circulates the list a week prior to the meeting and at the meeting, discussions are held on the additional points including the ones which are mentioned in the list.
The records regarding the consultation process discussed, the actions and their timelines are displayed on the noticeboard of the company. They are also forwarded to the workers through the e-mails.
Work Health and Safety(WHS) Policy of John Readings Pty Ltd The roles, responsibilities and accountability for WHS in the organization According to University of Wollongong Australia (2016) the PCBU , workers , officers , directors and the suppliers , manufacturers and the other persons involved in the workplace are responsible for the elimination or minimization of risks arising due to the nature of work . The PCBUs have the primary duty of care to make sure that the workers and the other people are not posed to possible hazards to their health and security. The required WHS policies, procedures and practices the company will need to have The policies and procedures that every company needs to have comprise of removal of toxic substances from the workplace ,setting administrative controls ,modification in the processes, machinery and tools. The issues covered in the policies should also include the responsibility of all the levels of the management to apply the health and safety policies and providing training and communication of the health and safety practices to the workers. WHS policies and procedures for John Readings Pty Ltd As the company transacts in the business of selling books to the people of Australia . It has also opened cafes along with the book stores where people can relax and read books and purchase them with a sip of coffee. So, the WHS policy should comprise of providing trolleys and hoists at the workplace so that the workers are protected from awkward joint positions for long hours. The policy should also comprise of regular service and maintenance of equipment according to the instructions of the manufacturers. Furthermore, proper safety measures for the prevention of fire should be implemented in the company. The role of the manager/supervisor and/or team leader in the WHS system As per Work Safe Victoria (n.d.) the managers and supervisors are accountable for ensuring health and safety of the workers. They work as ‘Work Place Health and Safety Representatives’ and the workers approach to them for the safety related matters. Their responsibility is to take all the reasonable measures to avoid injuries or illness arising due to the nature of work. Methods relating to the WHS issues, incidents and accidents and their communication to relevant stakeholders regarding their reporting, documentation and investigation The main component in the methods related to the investigation, documentation and reporting of the WHS incidents, issues and accidents is investigation. The investigation process comprises of determining the scope of investigation and its preparation, visiting the place where the accident occurred, conducting interviews of the people who were present at the place, verification of the physical evidence of the place and its assessment and finally the preparation of its report for the submission to the stakeholders. Communication processes and consultative arrangements proposed for John Readings Pty Ltd According to the opinion of Clarke (n.d.) the WHS representatives must plan and resource WHS consultation process of the company. They must engage the workers and listen to their health and safety related issues and include them in the problem solving procedure. Since the workers in the hospitality sector are more prone to repetitive strain, slips, cuts and burns, the consultative mechanisms must comprise of recognition of hazards and assessment of risks. It must comprise of making decisions regarding the ways to remove or reduce the risks and the changes which may improve the health and safety of the employees at the workplace. Frequency of the Hazard Identification, Risk/Safety Audits, Evacuation Procedures and Execution of Fire Drills at the Workplace
The need for WHS training for John Readings Pty Ltd According to Australian Business Consulting & Solutions (2014) there is a requirement by WHS Act 2011 to train the managers, workers, WHS Representatives in occupational health and safety in order to accomplish the duty of care for their health, safety and welfare .The training requirements comprise of safety committee training, first aid training , manual handling training and hazardous substances training . Allocation of a global and detailed budget which incorporates coaching, mentoring and training to address those needs The budget for coaching, mentoring and training regarding the prevention or reduction of workplace health and safety hazards in the organization amounts to AS$1000 per worker. So, there are around 7380 employees as per the data given, so the total allocated budget would be AS$ 73,80,000 for the fulfilling the training of the employees. Methods through which proposed system supports compliance with the WHS laws and codes of practice and how it will move the organization towards best practice through continuous improvement processes As per Southern Cross University (2015) the proposed system is in compliance with the WHS Laws and Codes of Practice regarding its planning framework of the probable hazards and their assessment and control. It also fulfills the legal requirements related to formation of WHS committees and appointment of WHS representatives. In this way, the organization has adopted the best practices regarding the Workplace Health and Safety Practices for the safety and security of its employees. Process for Monitoring and Review and Continuous Improvement As per Manpower Group (2014) the WHS representative appointed by the organization should monitor and review the efficiency of the measures adopted by the company to mitigate the hazards to the health and safety of the employees. They should consult with the employees and receive their feedbacks to improve the implementation plan regarding the health and safety matters. |
Training programs for the brick layer regarding the following WHS topics:
- The first step would be to perform a training need assessment regarding the recognition and assessment of learningneeds/requirements of the target group/s. According to Ministry of Labor (2017) training is required for improving health and safety of the workers in the construction industry. The training would also help to reduce the overall cost of construction such as insurance, administrative penalties and fines etc. (Construction Executive, 2018). The target groups in this regard are the contractors, the workers (brick layers), designers, owners, builders, suppliers, policy makers and the trade unions (Zhaoa, McCoya, Kleinera, Millsa & Lingard, 2016).
- The second step is to set the training objectives for the bricklayers. An outline of the necessity of training is to make sure that the worker performs the work in a safe manner.
- The third step pertains to creation of a training action plan. The Program content should include:
- Training requirements of Fall protection
- Usage of Ladders
- Communication of hazards
- General health and safety regarding rules regarding construction
- Training requirements of electrical safety
- The forth step is to apply the training initiatives. Sourcing of theinformation required to develop the program are the identification and assessment of hazards on the workplace and affecting specific tasks would be analyzed. Furthermore, the workers and the contractors would be enquired about the hazards faced by them while working at the construction site.
It would include manual handling in which the employees should take reasonable care and follow the directions related to prevention for acute and chronic hazards and wearing of personal protective devices and cooperate with the employees regarding the training requirements.
Furthermore, in the context of hazardous substances , the direct contact with mortar should be escaped by wearing PVC gloves while handling it.
In the context of equipment safety, the plants and equipment must be provided in a safe and operative condition and the workers should wear safety gloves and clothes while handling those (Ellen et al., 2016).
While using ladders/ or dealing with/working with heights, the access ladders must be extended up to 1 meter above the working platform to provide an easy handhold for people getting on and off.
In relation to the Emergency Procedures, the workplace specific induction training should cover the first aid treatment and emergency procedures comprising of afterhours emergency contacts.
In Electrical safety, as per the WHS Regulations 2011, the training for the electrical safety and work should be given to the workers. While using the electric mixer, the brick layer must ensure that it is not above 110 volts.
The useful aids for training would be conducting meetings with the stakeholders, toolbox talks and pre start meetings are the necessary aids for training.
- The fifth step pertains to assessment and revision of the training plans for the bricklayers. The estimated time of the training would be conducted for 2 hours for a week.
The codes of practice applicable to the organization under the WHS laws
Also in the level of training, the younger employees are prone to higher rate of injuries so they should be the topmost priority for training (Federal Register of Legislation, 2016).
In the Delivery mode of training and reasons for selection, the training methods should comprise of role plays, self-instructional, case study, discussion and games.
The relevant legislation, codes of practice would be the Work Health and Safety (Construction Work) Code of Practice 2015, Work Health and Safety Act and Regulations 2011 and Workplace Injury rehabilitation and Compensation Act etc.
The training would be delivered at the workplace due to the reason that the workers would better understand the safety methods if the practical aspect will be projected to them.
The training cost per person would be $1000 per worker. As the average wage rate of the brick layer is $38 per hour, so the estimated opportunity cost would be $1520($38*5 working days *8 working hours per day).
The evaluation of the safety training programs consists of formative evaluation, process evaluation, impact and outcome evaluation.
The procedure for the inspection of the risk assessment of warehouse is as follows:
- Recognizing the hazards and evaluation of the possible risks: The first step is to recognize the probable hazards at the warehouse currently and future.
- Providing safety equipment: The safety auditor should verify that the equipment for the safety of the workers are provided in the warehouse. They should wear protective equipment such as eyewear, face protection, and closed shoes for protecting themselves.
- Installation of safety signage: The safety auditors should evaluate that the hazardous items in the warehouse are clearly labeled and the safe walkways are clearly marked for the foot-travelers.
- Communication and guidelines regarding the safety of workers: The safety auditors should analyze that the safety guidelines are clearly communicated to the workers and they are properly trained to comprehend the hazards of the warehouse.
- The yearly inspection of Pallet Racking: As per the Australian Work Safety Guidelines, the shelves of the warehouse should be inspected on yearly basis. The auditors should assess that the safety signs are marked on the racks and they are maintained properly to avoid any accidents.
- Staff training on safe manual handling techniques: The auditors should evaluate that the staff is trained on the safe manual handling techniques of equipment. The staff should be able to identify that which of the equipment is unsafe.
- Training of the employees regarding the handling of forklift: The auditors should assess that the staff is trained for the appropriate handling of the forklift (Hughes & Ferrett, 2011).
The checklist to be used by the WHS representative or supervisor regarding the warehouse inspection of its risk assessment inclusive of the following sections: General Layout It must consist of properly formulated warehouse operating procedures regarding electric inspection and its testing , updated emergency response plan of the fire detection system, appropriate security systems and reviewing of the lightning facilities . Housekeeping The proper maintenance and documentation of the documents and the contact lists near the telephones are clearly shown and accessible . The fire and emergency exits should be clearly mentioned. Environment All the books are properly stored in the racks to avoid improper stacking. The fire extinguishers should be properly installed and clearly visible and accessible. The reject stock should be properly placed into the storage areas. The roller doors should be closed when they are not in use (Floyd, Steenson, Coulthard, Pickering & Williams, 2017). Emergency Procedures The emergency stop buttons of the equipment and electricity supply in case of fire should be accessible. The emergency exits and the stairs should be clear. First Aid Facilities The first facilities should be properly provided and the trained first aid personnel employed by the company. General Facilities The general facilities related to housekeeping such as maintenance of floors and stacks should be evaluated. The washrooms and the locker rooms should be in a neat and sanitary condition. The guard services should be proper for the safety of personal and real property( Hansen et al.,2018). Manual Handling and Ergonomics The hazards arising out of manual handling and ergonomics should be avoided by effective designing of the work stations, tools and job. The recognition of the workplace hazards pertaining to material handling injuries should be assessed by the WHS representatives. Environmental issues The WHS representative should comprehend the sources from which the waste is arisen and ensure its avoidance. They should execute a waste assessment program and find ways to educate the staff regarding waste management. Electrical Safety The risks related to power shocks should be evaluated . The equipment should also be investigated for the protection of the workers from injuries arising from electricity (Hawkins, 2016). General Warehouse It should be ensured that the safety equipment is used at all the times and the probable hazards are removed by labeling the hazardous zones. Besides this, it should be evaluated whether the safe lifting techniques are used and the awareness is promoted at the workplace regarding this. Chemical Aspects According to WHS Regulations 2011 the hazard classification and communication should be clearly informed to the workers through proper labeling of the chemicals. The hazardous pictograms should be displayed near the respective chemicals (Quinlan, 2014). Plant and Equipment Whether proper procedures are provided for safe handling of equipment and hazardous plant. The unsafe practices and situations should be reduced or removed by focusing on a preventive action. Forklifts and other Transports The WHS representative should ensure that a proper traffic management system is incorporated in the warehouse and separate paths for foot travellers have been highlighted. Furthermore, a written process for forklift operation should be available. Waste Disposal Whether there is a written procedure for the appropriate handling, storage and disposal of waste in the warehouse. It should also be evaluated that if it has met all the legal requirements (Pittard & Naughton, 2014). Personal Protective Equipment (PPE) The personal protective equipment should be appropriate for the nature of work and its size should be suitably sized and reasonably comfortable for the individual. It should be clean and hygienic and in good working order (Paterson, Clarkson, Rainbird, Etherton & Blewett, 2015). Other aspects The other aspects include measuring health and safety performance of the work health and safety systems. It may contain number of claims due to injuries of the workers and number of days or hours lost because of the injuries (Foster, 2016). |
Conclusion
Hence, to conclude, it can be said that the Work Health and Safety Act 2011 provides a framework to ensure the security of the workers at the workplace. It also provides for fair and effective consultations, representations and cooperation regarding the resolution of the issues related to workplace health and safety.
The regulations regarding the workplace health and safety of the warehouse and construction business are also illustrated in the report. The guidelines on handling of hazardous materials, dangerous plant and equipment and fire breakouts are also formulated in this regard. So, the WHS Act 2011 is a boon for the workers of Australia.
References
Australian Business Consulting & Solutions (2014). Meeting the training needs of your employees. Retrieved April 18th, 2018 from https://www.australianbusiness.com.au/whs/resources/meeting-the-training-needs-of-your-employees
Australian Government (2014) .Roles and responsibilities. Retrieved April 17th , 2018 from https://www.comcare.gov.au/promoting/roles_and_responsibilities
Australian Government (2017) .Workplace Health and Safety Management System (WHSMS). Retrieved April 18th , 2018 from https://www.comcare.gov.au/preventing/governance/workplace_health_and_safety_management_system_whsms
Bluff, E. (2017). The regulation of work health and safety. Canberra, Australia: ANU Press, The Australian National University
Clarke, J. (n.d.). Consultation Doesn’t Happen By Accident .University of South Australia. Australia: Centre for Work + Life.
Connor, T.O., Flynn, M., Weinstock, D. & Zanoni , J.(2014). Occupational Safety and Health Education and Training for Underserved Populations. New Solution, 24(1), 83–106.
Construction Executive (2018). The Importance of Safety Training in Construction. Retrieved April 19th , 2018 from https://constructionexec.com/article/the-importance-of-safety-training-in-construction
Preparation of the WHS presentation for the management team, members of the WHS committee and WHS representatives of John Readings Pty Ltd
Ellen, M.E., Kosny, A., Ståhl, C., Ohagan, F., Redgrift, L., Sanford, S., Carrasco, C., Emile, T. & Mahood, Q. ( 2016). Systematic review of qualitative literature on occupational health and safety legislation and regulatory enforcement planning and implementation. Scandinavian Journal of Work, Environment and Health, (42) 1, 3-16.
Federal Register of Legislation (2011). Work Health and Safety Act 2011. Retrieved April 17th , 2018 from https://www.legislation.gov.au/Details/C2011A00137
Federal Register of Legislation (2016) . Work Health and Safety (Construction Work) Code of Practice 2015. Retrieved April 19th , 2018 from https://www.legislation.gov.au/Details/F2016L00394
Floyd, L., Steenson, W., Coulthard, A., Pickering, A.C. & Williams, D. (2017). Employment, Labor and Industrial Law in Australia. Cambridge University Press.
Foster, N. (2016). Workplace Health and Safety Law in Australia, 2nd Edition. LexisNexis Butterworths.
Hansen ,A. , Pisaniello, D., Varghese ,B., Rowett , S., Easey, S.H. , Bi ,P. & Nitschke , M.(2018). What Can We Learn about Workplace Heat Stress Management from a Safety Regulator Complaints Database? International Journal of Environmental Research and Public Health, 15(459), 1-9.
Hawkins, E. (2016).Basic Building and Construction Skills. Cengage AU.
Hughes, P. & Ferrett, E. (2011). Introduction to Health and Safety at Work: The Handbook for the NEBOSH National General Certificate. Elsevier.
Manpower Group (2014). Work Health and Safety Policy Australia. Retrieved April 18th , 2018 from https://www.experis.com.au/documents/general/work%20health%20and%20safety%20policy%20australia%20POL2046.pdf
Ministry of Labor(2017). Construction Health and Safety Action Plan. Retrieved April 19th , 2018 from https://files.ontario.ca/mol_chsap_english.pdf
NSW Government (2016). Work Health and Safety Audits. Retrieved April 18th , 2018 from https://www1.health.nsw.gov.au/pds/ActivePDSDocuments/PD2016_017.pdf
Paterson, J.L., Clarkson, L., Rainbird ,S. , Etherton, H. & Blewett, V.(2015). Occupational fatigue and other health and safety issues for young Australian workers: an exploratory mixed methods study. Industrial Health, 2015(53), 293–299.
Pittard, M.J. & Naughton, R. (2014). Australian Labor and Employment Law. LexisNexis Butterworths.
Queensland Government (2017). Duties. Retrieved April 17th , 2018 from https://www.worksafe.qld.gov.au/laws-and-compliance/electrical-safety-laws/duties
Queensland Government (2017). Work Health and Safety Act 2011. Retrieved April 17th , 2018 from https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws/laws-and-legislation/work-health-and-safety-act-2011
Quinlan, M. (2014). Ten Pathways to Death and Disaster: Learning from Fatal Incidents in Mines and Other High Hazard Workplaces. Federation Press.
Safe Work NSW (n.d.). Codes of Practice. Retrieved April 18th , 2018 from https://www.safework.nsw.gov.au/law-and-policy/legislation-and-codes/codes-of-practice
Safe Work NSW (n.d.). Definitions of PCBUS and Workers .Retrieved April 17th , 2018 from https://www.safework.nsw.gov.au/law-and-policy/employer-and-business-obligations/definitions-of-pcbus-and-workers
Safe Work SA (n.d.) .Work Health and Safety Consultation, Cooperation and Coordination. Retrieved April 18th , 2018 from https://www.safework.sa.gov.au/show_page.jsp?id=113708
Southern Cross University (2015). Workplace health and safety management system (WHSMS). Retrieved April 18th , 2018 from https://www.scu.edu.au/staff/hr-services/workplace-health-and-safety/whs-pages/workplace-health-and-safety-management-system/
University of Wollongong Australia (2016). Roles & Responsibilities for Workplace Health & Safety. Retrieved April 18th , 2018 from https://staff.uow.edu.au/content/groups/public/@web/@ohs/documents/doc/uow016892.pdf
Work Safe Victoria (n.d.) .Managers and Supervisors. Retrieved April 18th , 2018 from https://www.worksafe.vic.gov.au/pages/safety-and-prevention/health-and-safety-topics/managers-and-supervisors
Zhaoa,D. , McCoya, A.P., Kleinera, B.M., Millsa,T.H. & Lingard, H.(2016). Stakeholder Perceptions of Risk in Construction. Safety Science ,82(1),1-26.