Work Health Safety Issues In Australia †Myassignmenthelp.Com

Question: Issues Related To Work Health Safety In Universities And Colleges? Answer: Introducation Greg Fitzgibbon was a 56 year old person who was an employee of the Newcastle Stevedores Pty Ltd. On September 23rd, 2012, Greg was fatally injured at the East basin Wharf which is located in the port of Newcastle. In this incident, Greg was injured as the stacks of ingots fell upon him, due to which he was crushed. And at that time, he was working on the hold of the ship, the Weaver Arrow. The defendant in this case, was charged with breaching the Work Health and Safety Act 2011 and did not comply with the duties contained in section 19(1) and the charges were laid for breach of section 32 of this act. As the defendant was found to be guilty in this case, he was awarded a fine of $150,000 (New South Wales, 2016a). Legal Action taken The extensive safety system of Newcastle Stevedore was acknowledged by the court and it was noted that the approach taken by the defendant towards the incident, both before and after the accident, was both diligent and conscientious. The court had clear evidence which showed that the first incident which took place, involved injuries. Though, there were two deficiencies highlighted by the court, which were very critical and was related to the defendants system regarding the loading of aluminum ingots (MinterEllison, 2016). It was held by the Court that that the measures for minimizing and eliminating the risk of injury were available readily, for such risks which were caused by falling of stacks of aluminum ingot. Further, there was an acknowledgement from the defendant that there had been deficiencies as they rectified the same by updating the safety procedures after the incident took place. And so, it was held that the breach on part of the defendant was towards the low ranges upper end. The lack of prior conviction, along with the defendant being a good corporate citizen was some of the factors taken into consideration, while giving the final judgment (MinterEllison, 2016). The Verdict The court passed an order whereby the defendant was convicted and was fined with a sum of $150,000 and this was coupled with a moiety to the prosecutor. The defendant was also asked to pay the costs which had been agreed or assessed to the prosecutor (New South Wales, 2016a). Case Name SafeWork (NSW) v Tamex Transport Services P/L t/as Tamex [2016] NSWDC 295 Background Allan Lever worked as a truck driver and had been employed by Parry Bros Pty Ltd. On Feb 28th, 2014, he was driving the truck to the Beresfield depot of Tamex Transport Services Pty Ltd and this was set to reach at approximately 3:30 am. Using the forklift, the employee of the defendant started unloading the truck. Lever also helped in this Business process. While standing at the rear nearside of trailer, Lever starting undoing the load restraint strap which was within two meters of operating forklift; and was struck in head by the freight cages door which became dislodged and fell. This happened as the cage had been removed from the trailers mezzanine level through the forklift and ultimately, Lever sustained major head injuries (New South Wales, 2016b). Legal Action taken It was held by the District Court of NSW that there had been a breach by the defendant of the primary duties of care as has been stated under section 19(1) of the Work Health and Safety Act 2011 as the worker had sustained major injuries upon the door off the cage hitting him in the head. The SWMS, i.e., the safe work method statement which had been adopted back in 2010 by the company for the vehicles loading and unloading had specially identified this risk and for the purpose of minimizing this risk, a clear distance of five meters was required. Even though this SWMS was present, it was placed at the lunch room, where the workers could read it; though the workers who were involved in the incident were not aware of the five meter requirement and were also not trained regarding the same. The judges also found that the reasonable practice of workers and the wordings of SWMS were not aligned as these working were misleading. Hence, the 2010 SWMS was not practicable in a reasonable manne r for eliminating the risk (Lexology, 2016). The Verdict The court held that the elements of the offence had been proved with any doubts and so, the defendant had to be held guilty for the offence. And due to these reasons, the matter for hearing of sentence was to be deiced which was convenient to the parties (New South Wales, 2016b). Construction Site WHS issues and cases Construction sites are places which are very busy and the work is done side by side with heavy vehicles coming and going. And so, it becomes crucial to cooperate, coordinate and consult with the environment to make certain that the health and safety on site is maintained. In 2015, an industry profile was made where the common work related injuries which were experienced by the workers particularly in the construction industry included cuts and open wounds; chronic muscle or joint conditions; and strains and sprains (Safe Work Australia, 2017). In the case of B McKie v Munir Al-Hasani v Kenoss Contractors Pty Ltd (In Liq) [2015] ACTIC 1, the failure in maintaining safety at the construction site was in question (Safety Dimension, 2017). Michael Booth was electrocuted upon being tripped by his tuck to the offload gravel and untimely his trailer hitting the power line. And so, the court held that the section 19, 27 and 32 of the Work Health and Safety Act 2011 (ACT) were contravened (Corrs Chambers Westgarth, 2015). Restaurant/ Bar WHS issues and cases In addition to the general regulations related to work health and safety, the state based WHS requirements are also required to be fulfilled by the food services and accommodation industry. In 2010, the most common type of injuries which could result in the restaurants were attributed 49% to burns, 21% to open wounds and cuts, 14% to strains and sprains, and 16% to other injuries (Long Haul, 2017). This includes the electrical safety; safeguarding from workplace violence in form of robbery and the like; safeguarding from and responding to the bullying at workplace; safeguarding against burns from steam, hot liquids or surfaces; the standards for occupational safety signage and for protective equipment and clothing; the national standard for manual handling; and the occupational noise management (Department of Industry, Innovation and Science, 2017). Back in 2016, the son of Kylie Grieg was admitted to the hospital in critical condition, after her son suffered horrific burns when he was on his duty and was working at the fact food giant, KFC. The boy had suffered third degree burns and had fallen in boiling water, where his cheeks, belly, arms, hands and nose sustained serious burns (Stuff, 2015). As KFC was found to be in breach of provisions of Work Health and Safety Act 2012 (SA), the Industrial Court convicted KRC for not providing requisite safety to the worker and imposed a penalty amounting to $105,000 plus costs. It was held that the company had breached the safety legislation when the young work burnt his body while working at the Eastwood outlet (SafeWork SA, 2017). Education Sector WHS issues and cases The schools, libraries and universities in the nation, are considered as workplace in the nation. And so, there is a need to prepare for the health and safety risks to be strictly adhered in the different workplaces. There is a need to understand the risk of working in the education sector and to form the strategies to manage these risks (Work Safe Victoria, 2017a). There is a big risk in the education sector which relates to the handling of hazardous manual handling, which includes the assistance of the students particularly in the special schools and to safeguard against repetitive movements including typing. The stress from the work pressures also has to be taken into account. The other risks include falls, slips and trips; the safety of the equipment and machinery being used; and lastly, dealing with the individuals who could exhibit unpredictable behavior or could be aggressive (Work Safe Victoria, 2017b). The significance of improving health and safety for the education sector stems from the fact that this sector deals with children and teenagers, who are not very capable in taking care of their own. This puts an added responsibility on the people who have the responsibility pursuant to Work Health and Safety Act 2011 to ensure that the safety is maintained. Through this legislation, a quality learning environment is underpinned. And a quality early childhood service cannot be granted in case the health and safety practices at work endangers the wellbeing, safety and health of the service visitors, families, children and staff (National Alliance, 2012). Through proper work health and safety practices, policies and procedures, it can be made certain that the responsibility of providing a safe work place is fulfilled by the management, without having any negated impact over the wellbeing and health of the employees; the safety and health obligations of the employees are met, along with being provided safety at work place; the service visitors, children and families come at such a work place which is safe and where their health and wellbeing is protected; and lastly, the quality early education, with care is supported by the work environment (National Alliance, 2012). Conclusion On the basis of the discussion carried above, it becomes very clear that the Work Health and Safety Act 2011 is a very crucial act of the commonwealth. Through the various sections of this act, the duty is placed on the person providing the employment to provide such an environment to the workers and the employees, which is safe for them and where the safety of their health is ensured. The act also provides the protection to the general public so that the work activities do not put them at risk. In the discussion carried in previous parts, the different aspects of this act were highlighted and the issues at different workplaces like retail and warehouse, construction site, restaurant/ bar, and education sector were highlighted. In the retail and warehouse issues, the issues were highlighted with the help of two key cases, where it was seen that the contravention of provisions of this act, led to the responsible party being punished. The construction site issues and the issues faced at the restaurants and bars were also highlighted through case laws to prove the significance of adherence to this act. Lastly, the educational sector issues were highlighted, along with the need behind imposing these requirements over the education sector. Recommendations The discussion carried above, in particular the case laws highlighted the need for the work places in the nation to strictly adhere to the provisions of the commonwealth and the state based Work Health and Safety Act. In order to steer clear of such breaches, there is a need to adopt the code of practices and use them as the guidance note in the conduct at the workplaces. This code effectively provides the minimum standards which have to be complied with and which would help in declining the chances of such cases. There is also a need for the parties to follow the regulations which support the act, so that the parties can clearly see that a non compliance would result in prosecution, improvement notice, prohibition notice, and even spot fines in some states. Hence, it is recommended to strictly follow the code of practice, regulations, and act, and to bring out such a code for the company where these codes are incorporated as the code of conduct for the company. References Corrs Chambers Westgarth. (2015) Who Is An Officer Under The Model Work Health And Safety Act?. [Online] Corrs Chambers Westgarth. Available from: https://www.corrs.com.au/publications/corrs-in-brief/who-is-an-officer-under-the-model-work-health-and-safety-act/ [Accessed on: 15/08/17] Department of Industry, Innovation and Science. (2017) Accommodation and food services industry fact sheet. [Online] Australian Government. Available from: https://www.business.gov.au/info/plan-and-start/develop-your-business-plans/industry-research/accommodation-and-food-services-industry-fact-sheet#whs [Accessed on: 15/08/17] Lexology. (2016) MinterEllison Safety and Wellness update December 2016. [Online] Lexology. Available from: https://www.lexology.com/library/detail.aspx?g=58851b44-51cf-4f1b-bb1f-0043b0a9c587 [Accessed on: 15/08/17] Long Haul. (2017) Occupational Health And Safety In Restaurants. [Online] Australian Government. Available from: https://www.longhaul.com.au/page/Occupational_Health_and_Safety_in_Restaurants.html [Accessed on: 15/08/17] MinterEllison. (2016) HRIR Wellness Update. [Online] MinterEllison. Available from: https://www.minterellison.com/articles/hrir-wellness-update-december-2016 [Accessed on: 15/08/17] National Alliance. (2012) Work Healthcare and Safety In Education and Care Services. [Online] National Alliance. Available from: https://www.ecrh.edu.au/docs/default-source/resources/ipsp/work-health-and-safety-in-education-and-care-services.pdf?sfvrsn=8 [Accessed on: 15/08/17] New South Wales. (2016a) SafeWork NSW v Newcastle Stevedores Pty Ltd [2016] NSWDC 294. [Online] New South Wales. Available from: https://www.caselaw.nsw.gov.au/decision/58214ed0e4b058596cba12a7 [Accessed on: 15/08/17] New South Wales. (2016b) Safe Work (NSW) v Tamex Transport Services management P/L t/as Tamex [2016] NSWDC 295. [Online] New South Wales. Available from: https://www.caselaw.nsw.gov.au/decision/58254147e4b058596cba148c [Accessed on: 15/08/17] Safe Work Australia. (2017) Construction. [Online] Safe Work Australia. Available from: https://www.safeworkaustralia.gov.au/construction [Accessed on: 15/08/17] Safety Dimension. (2017) First prosecution of an officer under WHS ACT. [Online] Safety Dimension. Available from: https://www.safetydimensions.com.au/first-prosecution-of-an-officer-under-whs-act/ [Accessed on: 15/08/17] SafeWork SA. (2017) KFC convicted for safety breach. [Online] SafeWork SA. Available from: https://www.safework.sa.gov.au/uploaded_files/20170509KFCSafetyBreach.pdf [Accessed on: 15/08/17] Stuff. (2015) Teenager suffers serious burns working at Australian KFC. [Online] Stuff. Available from: https://www.stuff.co.nz/world/australia/70972374/teenager-suffers-serious-burns-working-at-australian-kfc [Accessed on: 15/08/17]