Occupational Health and Safety in Australia - Research Proposal Example

Occupational Health and Safety in Australia (New South Wales) Student’s Name: Grade course: Tutor’s Name: Date: Occupational Health and Safety in Australia (New South Wales) According to the Australian government, every business in the country has an obligation to observe the Occupational Health and Safety (OH&S) standards as stipulated in law. The obligations include ensuring the business premises are safe; ensuring materials and machines used in the business are safe; maintaining safe working systems; providing training, supervision, instruction and all the needful information to workers; and ensuring that the work facilities and the surrounding environment is suitable for all employees. Objectives This report seeks to find out the nature of OH&S in New South Wales and will address the following areas: role of OH&S in the workplace; relevant legislation; the roles of OH&S committees, officers and consultants in the workplace; role of work cover and workplace OH&S inspections; risk analysis and management; hazard identification, assessment and control; supply and use of PPE; and OH&S training (including the importance of OH&S as part of new employee induction) Methods This report used a review of existing literature to determine the nature of OH&S in New South Wales. The report targets the mining industry in the region and uses published data by players in the mining industry to determine the level of success of the OH&S regulations. Role of OH&S in the workplace In New South Wales, OH&S obligations have been observed since September 2001 (Guide to NWS OHS legislation, 2009). Legislation The NSW Occupational Health and Safety Act was passed in 2000 and is intended to secure the welfare, safety and health of all people in their respective places of work. The Act has laid down basic safety requirements that must be met by all people whether employed, self-employed, visitors or even students. Section 8 The Act stipulates that “Employers must ensure the health, safety and welfare of their employees when at work” (Section 8). The duties on employers are further expounded as: ensuring that the work premise has safe and easily accessible entry and exit points; the employer should also ensure that all substances or plants given to employees for use at work are risk free when sued properly; the working environment should also be safe and free of any risks to the health of the employees; the employer is obliged to give instructions, information , supervision and training to employees in order t o ensure that their safety and health at work is enhanced; finally, the employee should ensure that there are adequate facilities for use by the employees in order to ensure that their general welfare is well provided for (New South Wales government, 2010). Section 20 Employee’s roles are clearly stated in section 20 of the NSW OHS Act 2000, which states that “Employees are required to take reasonable care for the health and safety of people at their place of work and who maybe affected by their acts or omissions at work. Employees are also required to cooperate with their employer and other people to enable compliance with the act or regulations” (Guide to NSW OHS legislation, 2009 p. 1). The employees have their fair share of responsibility under section 20 as it is stated that , “all employees are required to cooperate with the OH&S policy and programs to ensure their own health and safety and the safety and the health of others in the workplace “(Work Cover NSW, 2005 p. 14). The roles of OH&S committees, officers and consultants in the workplace According to Work Cover NSW (2005), the OH&S committees are present in businesses where there are more that 20 employees. The primary role of such committees is to develop OH&S policies and implement the same in the workplace“...the workplace committees will try to reach consensus on all aspects of the organisation’s OH&S policy and program and authorise action” (Work Cover NSW , 2005, p. 13). For their decisions to have any impact in the organisation, the guidelines stipulate that an employer must send a representative who has action authorising powers to the committee meetings. The committees are also charged with the responsibility of resolving any safety or health issues that may arise in the workplace. It is also the committee’s responsibility to institute safety inspection on a regular basis on the business premises. The committee also develops systems that record any incidents and accidents that occur in the workplace. Role of work cover and workplace OH&S inspections Work cover and workplace inspections check if businesses and employers are complying with the OH&S laws in full (ACT cover, 2005, p. 1). Inspectors who visit business premises have a right to enforce compliance where it is lacking, and are also obligate to advice and increase the level of OH&S awareness. Should they find a practice that is not safe, they are free to issue an improvement notice to the business owner. In cases where there is imminent danger, the inspectors are entitled to give a prohibition notice to the employer and the employees as well. Where the business owner intentionally infringes on the OH&S laws, the inspector can offer an infringement notice. The OH&S work cover can also recommend a business owner for prosecution where he or she believes there is reasonable evidence that an offence was committed. Risk analysis and management According to Work Cover NSW (2005) risk analysis involves assessing the likelihood that procedures in a specific place of work would have hazardous consequences. Risk analysis is however part of the risk management processes which include identifying possible hazards, assessing the probability of risk and formulating ways and means of controlling the risks. Hazard identification, assessment and control As discussed above, identifying possible hazards, assessing and controlling them is part of the wider risk management strategy. Work Cover NSW (2005) states that hazard identification is the first step in risk management whereby safety inspections are done and hazardous substances or plants are listed as well as records of any injuries or accidents that may have occurred in the work place. “As hazards a re the prime identifiable cause of occupational health and safety problems, controlling the risk arising from them offers managers the greatest area of opportunity for reducing injury and illness in the workplace” (Work Cover NSW, 2005, p. 7). The report by Work Cover NSW further states that hazards are best identified by safety audits, workplace inspections, accident investigations, complaints, observations, consultations, injury/illness records, and health and/or environmental monitoring. After the identification process, the hazards’ significance should then be assessed in order to ensure that proper priority is assigned to the control or elimination of the same. The second step involves risk assessment whereby the probability of a hazardous occurrence happening and the consequence of such are stipulated. The final step involves controlling probable risks. According to the OH&S Act, employers should strive to get rid of all risks in the workplace. In cases where the entire risk cannot be wiped out, it is the employer’s prerogative to ensure that the risk is minimised through isolations, engineering controls, modifications or substitution (Work Cover NSW, 2005 p. 1). The controls put in place in order to reduce the probability of risk should be reviewed constantly in order to ensure that they are effective. The employer should also be vigilant in seeking ways through which risk control can be improved in the workplace. Supply and use of PPE A statement released by the Australian government defines personal protective equipment as the devices or garments used by workers in order to protect them from injuries. Most of the PPE targeted areas include the eyes, torso, arms, hands, feet, ears, head and the face. The PPE items include goggles, earmuffs, earplugs, highly-visible garments, hand gloves, safety boots/shoes, hats and face shields. It is the responsibility of the employer to ensure that each and every employee is provided with the necessary PPE when they are working in risky environments. It is also their mandate to ensure that the appropriate PPE is selected for use. The selection should however be done with after consultations with the staff members in order to ensure that they are comfortable to work in. The employees also have some responsibilities as far as PPE is considered. The law requires that employees should avoid placing themselves in harm’s way. They are also supposed to use PPE as directed or trained, and should also participate in processes held by managers or supervisors prior to selection and purchase of the PPE. However, the government warns that both employers and employees should not overestimate the level of protection of PPE. OH&S training (including the importance of OH&S as part of new employee induction) According to New South Wales government (2010, p. 1), it is the employer’s responsibility to ensure that proper OH&S induction training is done on all employees. In the construction industry for example, every employer must ensure that a new employee has completed the induction training by asking them for the training card. Should the employee fail to produce the training card, then the employer would be under no obligation to employ them. Findings and discussions Data of fatalities in the work place in New South Wales indicate that OH&S has had an impact on safety in the workplace. In the mining industry in the New South Wales region for example, there were only three deaths as a result of workplace injuries between 2004 and 2008. This was a noteworthy improvement from the four years between 2000 and 2004 where eight deaths had been recorded. A significant decline in serious body injuries was also recorded in the region with the mining industry recording 24 injury cases in the 2007/2008 period, compared to 37 cases in the 1999/2000 period (New South Wales Minerals Council Ltd, n.d., p. 1) Admittedly however, the mineral industry states that though significant gains have been made in safety performance as well as occupational health, a lot more needs to be done if they are to attain best performance in the industry (New South Wales Minerals Council Ltd, n.d.). Three deaths in four years are still too many, and so are the number of serious injuries reported between 2007 and 2008. The fact that the industry has not yet attained its targeted safety objectives is reflected by the NSW Mine Safety Advisory Council (2005, p. 1), which states that there is a need to adopt a sustainable safety and health culture in the mining industry. As a result, the advisory council seeks to use an integrated approach in order to connect the prevailing OH&S practice to future OH&S objectives, which seeks to attain at least 10 percent OH&S best practice in three years. Conclusion Through their own admission, industry players in the mining industry in New South Wales state that they have to achieve much more in OH&S practice if the industry is to attain best practice. Seeing that the appropriate laws and regulations are in place, it remains the prerogative of employers to ensure that this objective is attained. As observed elsewhere in this report, OH&S inspectors also play a crucial role in ensuring that business adheres to the OH&S regulations. This then means that they (inspectors) need to be more vigilant in order to ensure that employers abide by the laid down standards. References ACT cover. (2005). Occupational Health and Safety Inspectors. Retrieved May 28, 2010, from http://www.ors.act.gov.au/WorkCover/pdfs/WorkSafe/InfoSheets/ib0212.pdf Guide to NWS OHS legislation (2009). Introduction. Retrieved June 10, 2010 from http://www.usyd.edu.au/ohs/ohs_manual/legislation.shtml New South Wales Consolidated Acts. (n.d). Occupational health and Safety Act 2000. Retrieved May 28, 2010 from: http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/ New South Wales Consolidated Regulations. (2005). Occupational health and Safety regulation 2001- REG 214. Retrieved May 28, 2010 from http://www.austlii.edu.au/au/legis/nsw/consol_reg/ohasr2001364/s214.html New South Wales Minerals Council Ltd. (n.d). OHS performance statistics: a look at the record. Retrieved May 28, 2010 from http://www.nswmin.com.au/Policy-and-Advocacy/Health-and-Safety/OHS-Performance---A-Look-at-the-Record/OHS-Performance---A-Look-at-the-Record/default.aspx NSW Mine Safety Advisory Council. (2005). World-Leading OHS. Retrieved May 28, 2010 from http://www.dpi.nsw.gov.au/minerals/safety/world-leading-ohs Occupational Health and Safety Act. (2000). Section 8: Duties of employers. Retrieved June 10, 2010 from: http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/s8.html Work Cover NSW. (2005). Six Steps to Occupational Health and Safety. Retrieved June 10, 2010 from: http://www.une.edu.au/od/files/OHSSixsteps.pdf New South Wales Government. (2010). Duty of care; What is duty of care? Work cover authority of NSW. Retrieved June 1, 2010 from http://www.workcover.nsw.gov.au/healthsafety/Pages/Dutyofcare.aspx Read More