Workplace Health And Safety: WHS/OHS Act, Regulations, Codes Of Practice, Risk Assessment, And Essay. (70 Characters)

1. Identify and document the title and date of the WHS/OHS Act and Regulation for the state in which you are located.Discuss the rationale for nationally harmonised work health and safety laws and identify participating and non-participating states and territories.
2. Identify the purpose of a WHS code of practice and give an example.
3. Outline the factors that must be taken into account in determining control measures for hazardous manual tasks as stated in the model Work Health and Safety Regulations 2011.
4. Define the term duty holder under WHS/OHS legislation and the primary duty of care of a PCBU under WHS legislation
5. Outline two examples of a WHS policy that a business may implement.
6. Explain the process of risk assessment and control in workplace health and safety.
7. Explain three ways in which hazards can be identified in the workplace.
8. Describe the purpose of the hierarchy of control and each of the options available from most effective to least effective. Provide an example for each in terms of how it may be applied in a workplace.
9. Give two reasons why it is important to report WHS incidents within the workplace to relevant persons and identify at least two position holders to whom incidents may be reported.
10. Identify the three events that are defined as ‘notifiable incidents’ and the period of time for which employers must keep records of these incident.
11. Within what time period within which an employer must notify their worker’s compensation insurer where a work has received a workplace injury.

Identify and document the title and date of the WHS/OHS Act and Regulation for the state in which you are located

1.Identify and document the title and date of the WHS/OHS Act and Regulation for the state in which you are located. Discuss the rationale for nationally harmonised work health and safety laws and identify participating and non-participating states and territories.

By agreement, the Commonwealth and state and territory governments (which have constitutional responsibility for regulating work health and safety in their respective jurisdictions) have endorsed and committed to enact laws that reflect the model Work Health Safety Act developed for consultation by Safe Work Australia. Accordingly, the Work Health and Safety (WHS) Act, based on the model WHS Act, was enacted by the Commonwealth in 2011. Many other jurisdictions have since followed suit with their own mirror legislation.

One of the main benefits of the WHS Act is that it provides for a nationally consistent legal Framework of work health and safety standards and obligations. Businesses and undertakings, especially those operating across state borders, will be able to apply one set of workplace standards nationally and enjoy more certainty in understanding their health and safety obligations in different state jurisdictions.

2.Identify the purpose of a WHS code of practice and give an example.

Codes of practice are developed through consultation with representatives from industry, workers and employers, special interest groups and government agencies. Codes of practice are made under the relevant Act and must be approved by the relevant Minister before they come into effect. A code of practice is not law, but it should be followed, unless there is an alternative course of action that achieves the same or better standards. Employers, workers, designers, manufacturers and suppliers should use a code of practice in conjunction with the Act and regulations. Codes of practice are available from workplace health and safety authorities for such things as ‘How to Safely Remove Asbestos’.

3.Outline the factors that must be taken into account in determining control measures for hazardous manual tasks as stated in the model Work Health and Safety Regulations 2011.

A hazardous manual task, as defined in the Work Health and Safety Regulations 2011 (WHS Regulations), means a task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing involving one or more of the following:

• repetitive or sustained force
• high or sudden force
• repetitive movement
• sustained or awkward posture
• Exposure to vibration.

These factors can overload the body and lead to injury.

4.Define the term duty holder under WHS/OHS legislation and the primary duty of care of a PCBU under WHS legislation.

A duty holder is a person who has a duty to ensure health or safety (‘health and safety duties’) require the person:

• to eliminate risks to health and safety, so far as is reasonably practicable, and
• If it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable.

PCBU duty- A PCBU, through its officers, has a duty under the WHS Act to consult with workers at all levels of the business. Senior leaders and managers should promote and foster open lines of communication and consultation with workers. This can be achieved by:

• Creating and nurturing joint partnerships with:
  • workplace work groups
  • HSRs and employee representative
  • Other involved PCBUs.
• Ensuring effective consultation processes are built in to the business through its systems, policies and procedures.
• Engage with workers by being visible and open to feedback and ideas.

5.Outline two examples of a WHS policy that a business may implement.

5. 1. Insurance for all employees in the workplace to cover them in case of any risks or incidents that might lead to an economic or equivalent loss.
   2. WHS Policy 62 – Manual handling - All tasks involving manual handling must be risk assessed and controlled. Responsibilities for all levels of employees and management must be identified, communicated and discharged effectively by all concerned. Equipment will be provided to assist in manual handling where a need is identified as part of a control measure. This equipment will be used appropriately and maintained well at all times with all operators certified where this is required under law.

6.Explain the process of risk assessment and control in workplace health and safety.

Managing WHS risks involves four steps:

• Identifying hazards—find out what could cause harm.
• Assessing risks (if necessary)—understand the nature of the harm that could be caused by the hazard, how serious the harm could be and the likelihood of it happening.
• Controlling risks—implement the most effective control measure that is reasonably practicable in the circumstances.
• Reviewing control measures—ensure control measures are working as planned.

Identify the purpose of a WHS code of practice and give an example

Figure 1 the risk management process

7.Explain three ways in which hazards can be identified in the workplace.

Conduct a safety audit (or hazard inspection) - this is a process of determining any possible risks in the work place.

Observe the way jobs and procedures are carried out to make sure they are completed following safe work practices

Study the accident and incident statistics to understand what the previous problem shave been, who could be harmed by the hazards and how.

8.Describe the purpose of the hierarchy of control and each of the options available from most effective to least effective. Provide an example for each in terms of how it may be applied in a workplace.

9.The ways of controlling risks are ranked from the highest level of protection and reliability to the lowest as shown in the Figure 2. This ranking is known as the hierarchy of risk control (Comcare, 2017). The model WHS Regulationsrequire duty holders to work through this hierarchy when managing health and safety risks.

Figure 2 The hierarchy of risk control

10.Give two reasons why it is important to report WHS incidents within the workplace to relevant persons and identify at least two position holders to whom incidents may be reported.

The information provided through recording and reporting enables the enforcing authorities (either Health and Safety Executive (HSE) or local authority Environmental Health), to identify where and how risks arise, and to investigate serious accidents. With this information, the enforcing authorities are able to help and provide advice on how to reduce injury, and ill health in the workplace. Such surveillance data can also be used to put forward an evidence-based rationale for the introduction of new legislation and/or guidance.

Near Misses Although not part of the legal duties mentioned above, it is also good practice to record non-reportable 'near-miss incidents, workplace accidents and occurrences where no-one has actually been hurt or become ill, but where the consequences could have been serious for workers. In this way, it is possible to learn from such incidents so that workers are protected from harm, using the old adage 'prevention is better than cure'.

Everyone has a role to play to ensure that health and safety is a priority in the workplace. Two important holders to whom risks might be  and ensure health and safety to ‘manage risks’ by eliminating health and safety risks so far as is reasonably practicable, and if it is not reasonably practicable to do so, to minimise those risks so far as is reasonably practicable. Two important holders are PCBU and Officer.

11.Identify the three events that are defined as ‘notifiable incidents’ and the period of time for which employers must keep records of these incident.

Notifiable incidents are:

• The death of a person—whether an employee, contractor or member of the public.
• A serious injury or illness.
• A dangerous incident that exposes any person to a serious risk, even if no one is injured.

If a notifiable incident occurs the model WHS Act states that:

• The regulator must be immediately notified.
• Written notification must be submitted within 48 hours if requested by the regulator.
• The incident site is preserved until an inspector arrives or directs otherwise. However this doesn’t prevent any action to help an injured person or make the site safe.

12.Within what time period within which an employer must notify their worker’s compensation insurer where a work has received a workplace injury.

In not more than 48 hours, a written Notification should be sent.

References

Comcare, (2017) Retrieved from https://www.comcare.gov.au/preventing/hazards/physical_hazards/hazardous_manual_tasks

Safe work Australia, (2011). Retrieved from https://www.safeworkaustralia.gov.au

Work Health and Safety Regulations 2011 

Work Health and Safety (WHS) Act, 2011.