TEMITOPE OLAJIDE

UNIT 1 – BSBWHS402: LA020434,

ASSESSMENT 1

TASK 1

1. What is the difference between an Act of parliament and a regulation.

An act of parliament is a bill which has passed all the three readings in the house of parliament, approved and received Royal Assent and becomes a law (State Library New south wales 2019)

Regulations as a set of requirements made under the authority of act (State Library New south wales 2019) and regulation can also be defined as a guideline that set or dictate how the provisions of the Act are applied.

(Government of Western Australia 2003)

2. What is a code of practice

(Safe Work NSW n.d) describes a code of practice as a form of a guideline that provides detailed information on specific work tasks and helps to achieve the standards required under the work health and safety (WHS) laws and also states that the code of practice cannot replace WHS laws but it can help to give clarity and understanding to achieve a specific work task.

(Safety line institute, p.5) also explained code of practice further, as a set of documents that provides practical guidance in an acceptable way to achieve compliance with statutory duties and regulatory requirements.

3. What is an Australian Standard?

Australian Standard are document that set minimum requirements for work practices or testing. These standards are prepared by key agencies in Australia. Standard Australia and Safe Work Australia are the agencies formulating standard in Australia. Examples of other international or national standards setting bodies are the British Standards Institute, and the International Standards Organisation.

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The set of standards formulated by these bodies can be accessed or purchased in their online home page. (Safety line institute, p.4)

4. What is the title of the Work Health and Safety or Occupational Health and Safety law in your State?

According to (Safe Work NSW n.d) which states the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017 as the Work Health and Safety or Occupational Health and Safety law in New South Wales.

5. What is the name of the government department in your State/Territory that administers and regulates the WHS/OHS laws there?

As stated by (Safe Work Australia 2019), SafeWork NSW is the New south wales workplace health and safety regulator and administers WHS/OHS laws (with the exception of mines and petroleum sites). They focus on harm prevention and improving the safety culture in NSW workplaces.

6. What are the Titles of four (4) other laws (in addition to the WHS/OHS Act & Regulations) that exist in your State/Territory that create a WHS/OHS obligation on duty holders?

Electric Lighting and Gas Emergency Act 1917 No 2

Work Health and Safety (Mines) Act 2013 No 54

Workers Compensation Act 1987 No 70

Gas and Electricity Act 1935 No 42

(AustLII 2019)

7. List five (5) of the many Codes of Practice applicable in your State or Territory that are relevant to your workplace.

According to (Safe work NSW, n.d), listed the following below Code of Practice

confined spaces code of practice, December 2011.

construction work code of practice July 2014

code of practice demolition work September 2016

excavation work code of practice July 2015

first aid in the workplace code of practice July 2015.

8. List five (5) of the many Guidelines that your State/Territory WHS/OHS Regulator has published that are relevant to your workplace and/or work activities.

According to (Safe work NSW, n.d), listed the following below guidelines

Safe work NSW prosecution guidelines

Safe work NSW enforceable undertaking guidelines

Safe work NSW alcohol and drug at work guidelines

Safe work NSW preventing and responding to workrelated violence guidelines

Safe work NSW managing hazards guidelines

9. Under your State/Territory WHS/OHS legislation:

Who has ‘primary’ duty of care responsibility to protect the health, safety and welfare of workers/employees and others in the workplace?

According to (Work safe Australia 2016) Person conducting a business or undertaking has the duty of care responsibilities and ensure, so far as is reasonably practicable, the health and safety of workers engaged, or caused to be engaged by the person, and workers whose activities in carrying out the work are influenced or directed by the person, while workers are at work in the business or undertaking. This primary duty of care requires duty holders to ensure health and safety, so far as is reasonably practicable, by eliminating risks to health and safety. If this is not reasonably practicable, risks must be minimised so far as is reasonably practicable.

What are the duties of the Officer under the WHS Act or Director/Manager of the OHS Act?

According to a fact sheet published by (Western Sydney University, n.d), listed the duties of the officer under the WHS Act below:

Acquire and keep up-to-date knowledge of WHS matters,

Gain an understanding of the PCBU operations including the hazards and risks associated with the operations,

Ensure that the PCBU has appropriate resources and processes to enable WHS hazards to be identified and risks to be eliminated or minimised,

Ensure that the PCBU has appropriate processes for receiving and responding in a timely and appropriate way to information about incidents, hazards and risks,

Ensure that the PCBU has, and implements, processes for complying with any duty or obligation on the PCBU under the WHS act

Verify, monitor and review processes.

What is meant by ‘duty of care’ and what must PCBUs/employers, workers/employees, and other duty holders do to comply with the WHS/OHS Act?

The duty of care is the primary duty and obligation of a person conducting a business or undertaking and must ensure, so far as is reasonably practicable, the health and safety of all workers engaged in work activities. (Work Health and Safety Act 2011).

It is the duty of a Worker and duty holder to take reasonable care for their own health and safety, and that of others, at work. (Safety line institute 2012, p.4)

What are the training needs of workers/employees and parties? How might you identify training options to assist with compliance?

It is the duty of PCBU to provide necessary training to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking.

Training must be provided to workers based on the risk associated with their work and the nature of work. PCBU must conduct risk assessment to know the risk associated with work and provide necessary training. (Safety line institute 2012, p.3)

Define the term ‘Worker’ or ‘Employee’ and their duties.

According to (Work Health and Safety Act 2011) a worker is a person who carries out work in any capacity for a person conducting a business or undertaking, this includes a contractor or subcontractor, an employee of a contractor or subcontractor or a student gaining work experience, or a volunteer.

A worker must take reasonable care for his or her own health and safety and co-operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers. (Work Health and Safety Act 2011)

List who are ‘Others’ under the Act?

Others referred to the people who are not employed by PCBU but at the vicinity or area of work site which are impacted by the work conducted by PCBU. They can be client or customer of PCBU, visitors, the people passing by or living around the vicinity of work site. (Work Health and Safety Act 2011)

Define the term ‘Health and Safety Representative (HSR)’ or ‘Occupational Health and Safety Representative’. Who do they represent?

HSRs are representatives elected to represent workers on health and safety and matters have responsibilities under WHS legislation.

HSR helps to gather information about what the health and safety issues are for their work group and work out ways to resolve issues in consultation with PCBU representatives such as managers, supervisors as well as committees and other HSRs (Safe work NSW n.d.)

Define the term ‘Health and Safety Committee (HSC)’ or ‘Occupational Health and Safety Committee (OHSC)’ as it applies to the Act. Who should attend this Committee?

Health and Safety Committee are group of people set up in a workplace to facilitates cooperation between a PCBU and workers in developing and carrying out measures to ensure health and safety at work. Their role also includes formulation of health and safety policy, rules and procedures for the workplace. (Work Cover Queensland, 2019)

According to reading material published by Safety line institute (2013, p.4) listed people who can attend Health and Safety Committee;

Management representatives – safety officers can represent management and action the decision when necessary.

Health and Safety Representatives

Workers representative – at least 50% must be workers who are not appointed or nominated by management.

Observers and specialists – They can attend if invited by the committee

What is a work group (define the term please)?

A work group is a set of workers who usually perform similar types of work and have similar health and safety conditions within the workplace. (Safe Work NSW, n.d)

What is a ‘workplace’ under the provisions of the Act?

A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work. (Work Health and Safety Act 2011)

Define the term ‘Reasonably Practicable’?

(Work Health and Safety Act 2011) defines Reasonably Practicable’ as that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, considering and weighing up all relevant matters including:

likelihood of the hazard

the degree of harm that might result from the hazard

what the person concerned knows, or ought reasonably to know, about: the hazard or the risk, and ways of eliminating or minimising the risk, and (d) the availability and suitability of ways to eliminate or minimise the risk, and (e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

What Section of the Act and/or Clause of the Regulation stipulates ‘mandatory reporting of workplace incidents’?

Section 38 – Duty to notify of notifiable incidents (Work Health and Safety Act 2011)

What are the four (4) types of ‘Notices’ that can be issued to a PCBU/ employer or other duty holder under the Act?

According to Workplace OHS (2018) listed the 4 types of notices that can be issued to PCBU below:

Provisional improvement notices (PINs) – An HSR can issue a PIN if he/she believes the WHS Act is being (or has been) breached.

Improvement – Inspectors can issue improvement notices if they believe breaches of the Act have occurred or are occurring.

prohibition – Inspectors can issue prohibition notices if they believe breaches of the Act have occurred or are occurring.

non-disturbance notices – inspector can issue a non-disturbance notice to prevent disturbance

Breaches under WHS/OHS legislation can constitute offences and penalties can be issued through the regulatory body or courts within your State/Territory. What types of Penalties can be imposed under your State/Territory’s health and safety legislation? Provide three examples.

On-the-spot fines – This is known as penalty notices in NSW and it is a monetary fine that can be issued by inspectors for more minor offences that are not serious enough to warrant prosecution.

Prosecutions – in NSW SafeWork NSW usually initiates prosecution or the resources regulator, but the secretary of a relevant union may also bring proceedings under certain circumstances. A prosecution may also be started by a duly authorised legal practitioner

Enforceable undertakings – The Act provides for enforceable ‘WHS undertakings’ as a more positive and less punitive and as an alternative to prosecutions. The PCBU will makes a written undertaking to remedy or rectify a breach of the Act, in lieu of court proceedings. However, the person can be prosecuted for breaching an enforceable undertaking. (Workplace OHS 2018)

REFERENCES

Government of Western Australia 2003, Differences: Acts and Regulations, viewed 21 May 2019, <

State Library New south wales 2019, government legislation & publications: new south wales, viewed 21 May,2019, <

Safework NSW n.d., Codes of practice, viewed 22 May,2019 <

Safe Work NSW n.d, Health and safety representatives, viewed 22 May,2019 <

Safe Work NSW n.d, Work groups, viewed 22 May 2019.

Safety line institute 2012 p.5, general WHS information sources, department of commerce, Perth Western Australia.

Safety line institute 2012 p.4, the duty of care part 1, department of commerce, Perth Western Australia

Safety line institute 2012 p.3, the duty of care part 1, department of commerce, Perth Western Australia.

Safe Work Australia 2019, Contacts in New South Wales, viewed 21 May 2019. <

Work Safe Australia 2016, guide to the model work health and safety act, viewed 22 May 2019. <

Western Sydney University, n.d, WHS fact sheet, viewed 22 May 2019.

Work Health and Safety Act 2011 No.10. New south wales viewed 23 May 2019. cover Queensland 2019, Workplace Health and Safety Electrical Safety Office Workers’ Compensation Regulator Worksafe Queensland’s safety and workers’ compensation services, viewed 23 May,2019 OHS 2018, WHS penalties – NSW, viewed 23 May 2019. 2019, New South Wales Acts As Made , viewed 23 May 2019,

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Task 1. (2019, Dec 02). Retrieved from http://paperap.com/task-1-best-essay/

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