Occupational Health and Safety
BSB41407 Certificate IV Occupational Health Safety BSBOHS408A: Compliance. 1. The difference OHS Act, OHS Regulation COP (code practice) legal requirements workplace . 2. Sources relevant legislation. 3.
The Managing Director
Advance Waste Company
Brookvale, N.S.W.
Difference between the OHS Act, the OHS Regulation and COP and legal requirements
The occupational health and safety act was passed by parliament to secure and promote health, welfare and safety of employees while at work. It also protects employees from health and safety risks in the workplace. The act provides a legislative framework allowing for standards of occupational health & safety to be set to take into account the new technology and work practices that can be used. OHS regulation is the law which must be followed by employers, workers, insurers, and manufacturers which must be met both under the legislation and regulations. They provide the general requirements of the legislation but are more in-depth. The code of practice is a general guide which advices on how the occupational health and safety standards are met but is not actually a law. They are developed by employers in consultation with OHS experts, employees, government agencies and special interest groups. Legal requirements are the standards, limits or permits that are set to allow businesses to operate while preventing occupational risks.
Sources of relevant legislation
There are three main sources of occupational health and safety legislation. The first is common law duty of care. According to the common law duty of care, the employer has a responsibility to adhere to reasonable standards of care in the operations. This involves prevention of any risks that may arise as a result of negligence. The second source is criminal law. OHS law states that there is a legal relationship between of employer and employee. This has made OHS law to become a criminal law which is set in a social context. The last source of OHS legislation is the OHS legislation that each Australian state and territory has.
Relevant OHS legislation
In the Advanced Waste Company scenario, according to OHS law, machines operated by workers should be made as safe as possible to minimize hazards. This includes lockout-tagout procedures and roll over protection systems. This means that the machines should be designed to prevent the occurrence of occupational accidents. In the 2010 accident, the garbage track compactor should have the roll over protection system to prevent accidents as a result of overturning or rollover of the machine. In the 2008 accident, the compactor blade switch should have been properly maintained to ensure it operates as it is supposed to. This machine should have also had the lockout-tagout safety measure that would have allowed the 38-year-old man to clear the garbage from the truck without any accident by locking the power from the machine till when he was done.
Legal responsibilities of the employer
The employer has the duty of care in the workplace. This means that the employer needs to provide and maintain systems of work that are safe for the employees. This includes making arrangements for ensuring the safe use, storage, handling and transport of equipment and other hazardous substances in the workplace. The employer also has the responsibility to provide all necessary safety information to the employees. They do this by providing instructions to employees, holding training activities and regular monitoring and supervision to ensure compliance. The employer also has the duty to consult with their employees in designing the code of practice to ensure compliance with the current OHS legislation. In general, the employer has the duty to secure the health, welfare and safety of the workers by implementing a code of practice that ensures compliance with OHS law and regulation Standards Australia International, 2004()
How enforcement is administered and what penalties apply under the relevant legislation
OHS obligations are enforced through several activities such as letters of statutory obligation, warning letters, improvement notices,...
Workplace Safety Employee health and safety management Most U.S. firms are offering disease management and health promotion programs to employees to address the increasing health care costs through improving employee lifestyle and overall health. Nevertheless, the U.S. has not been efficient in providing employees with integrated comprehensive health programs. Comprehensive programs of promoting employee health might encompass a series of strategies including supportive environments, health education, accessing support services, employee integration into
Furthermore, in respect of the various cultures and languages within the workforce, the manual could also be printed in each representative language, as far as this is deemed necessary. This will ensure full understanding of the rules and regulations, and also promote the function of the entire workforce as a group (Nonprofit Risk Management Center, 2005 (b)). Writing such a manual would then address the various important aspects of the
Boosting job satisfaction by offering employees safety nets should they get MSD or offering as many preventative measures as possible will lead to a corporate culture more conducive to long-term profitability. Firms should move away from the prevailing business model that discounts employee satisfaction (and employee health) and shift toward a more holistic vision of business. No industry or organization will fare well for long if they cannot maintain
6). DO-IT stores have been designed in the past to keep the safety of its employees and customers constantly in mind. The company understands that accidents can happen but that any steps taken to avoid an accident is money well invested. It knows that doing business in a country like the United Kingdom "puts direct cost of accidents in the billions of dollars" (Thye, par. 10) per year. With
Thus, employees are discouraged from reporting abuses and safety issues because of fear of retaliation. As noted, if they are illegal immigrants, they fear deportation or reporting to INS, and they fear losing their jobs, and so, they do not report safety issues that could be life threatening. Retaliation should not occur, and a worker should not have to fear for their livelihood just to protect themselves and their
Workplace Safety Inspection One of management's most pressing priorities within any workplace setting, from the floor of a factory to a site of office cubicles, is to ensure that all employees are provided diligent protection from the array of hazards which inevitably arise during any professional pursuit. Signage must be clear and accurate, warning labels must be affixed to any and all dangerous substances, and machinery capable of injuring or
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now