Safety, Security Health and Environmental Law - Assignment Example

Unit 4 1. Individuals are personally held liable for SSHE breaches as companies operate through employees, officers and agents and it is not possible to punish to act against an artificial body like a corporation which has no soul. (Page 161) Holding companies liable with result in contingent liability and it will go against SSHE. Further corporations are hold accountable as they have to bear the economic obligation for it. It is fully justified to act against the individual as they take decisions on behalf of the corporation. This will help in fixation of responsibilities and will demonstrate the incapability of senior officers in the corporation to prevent corporate misconduct. (Page 162) Also since corporations who breach the contract are not held accountable instead personnel are held accountable should be prevented. For this corporations have a buffer to ensure that the personnel are not hold liable. This will thereby put additional pressure and ensure that the fear of being held liable in the future reduces such breaches. This will also motivate the employees and will help to ensure that such breaches in SSHE are reduced. 2. The model for SSHE liability is divided into two drivers which will help to improve the safety and environment performance. The drivers are Symbolic drivers and Instrumental Drivers. Symbolic Drivers state that person has a moral obligation to obey the law which is legitimate and fair. (Page 163) This driver is seemed to be present at higher level of management in corporations. Instrumental Drivers state that person not obeying the law has a fear of retribution and punishment. (Page 163) The fear that the individual will face prosecution and punishment makes them take steps which improves safety and environment performance. This gives rise to a situation where different jurisdiction places importance to different factors. Like in Western Australia officers are prosecuted for an offence if their deliberate participation is proved. Similarly in Victoria and South Australia officers are held accountable for offence on which they can’t raise objections. The directors in New South Wales, Queensland and Tasmania are held liable for the offences until they are able to establish a defence against those. 3. The maximum penalty for an individual can be prosecution. The case needs to be proved against the defendant to get such a harsh punishment. It is seen that after continuous trails and judgements individuals are normally fined but can be prosecuted for the offence. The highest penalty imposed on the safety context is fines. The fines charged depend upon the case and the proofs being presented before the court. This determines the amount to be charged as fine The highest penalty that can be imposed in the environment context is jail. There has been a case where the director was jailed for polluting the environment signalling the maximum possible penalty. This give rise to different penalties based on jurisdiction like northern territory has fine of $25000, Tasmania $100000, South Australia $150000. Also the imprisonment varies in different jurisdiction like Queensland has 3 years; Western Australia has 2 years and so on. It is also seen that the maximum penalty that was imposed was $5 million highlighting the leverage and punishment different jurisdiction has. 4. The directors in New South Wales, Queensland and Tasmania are held liable for the offences until they are able to establish a defence against those. The defences available are as Firstly, in New South Wales and Queensland the person is not in a position to influence the conduct of the company in relation to the offence and in Tasmania the person has no knowledge of the offence as he in not in a position to know it. (Page 173) Secondly, the person in New South Wales, Queensland and Tasmania exercised their due diligence. The importance of these increases as the offender must take questions that will help to find the empirical evidence of the fact and will help to determine the future course of action. 5. The person conceived in the management of a corporation is the person who has taken a decisional role in pursuing a particular activity. The definition is wide enough and tries to include a lot of areas. It includes firstly, it is constructed in accordance with statutory interpretation. (Page 167) Secondly, as it deals with criminal sanction importance is given to fairness. (Page 168) Thirdly, facts and circumstances are dealt with to determine the issue. As it covers a wide area to identify the person conceived in the management of a corporation. Also the fact that it is important to consider the manner a decision taken by a person influences the outcome so a supervisor who takes a decision should also be held accountable. It need not be necessary that the person belongs to the top management but also a supervisor who acts on behalf of the company and takes part in the dealing can be held accountable. 6. The personal liability of a person who breaches the SSHE obligation is decided by person who takes managerial decision. The legislation has been framed in such a manner that not only the top management but others are also held accountable in case of large companies. Supervisors thus, can be treated as a person conceived in the management of the corporation because certain decision might have been taken by him or he might have acted despite knowing that they are breaching a law. For example it is seen in Mining and Safety Act that supervisors are persons who hold administrative positions. This makes the supervisor accountable for the offences. Supervisor on a normal sense who doesn’t take decision and just act cannot be held accountable but while acting on behalf of the management will be held accountable for the act. 7. Corporate liability determines the extent to which a corporation will be held liable for breaching an act. In this case the corporation as an individual entity is held liable for a breach of duty. It is looked from an aspect of criminal liability where the corporation is hold guilty for breaching the safety, health and environment law. Australia has a corporate liability in place where the directors, agents or employees acting on behalf of the corporation are held accountable for a breach. There are instances which highlights the corporate liability in Australia. For example it is seen that Anglo Coal was fined $160,000 for violating the health and safety act. Similarly Roche Mining Ltd was fined $180,000. Thus we see the presence of corporate liability and maximum extent of fine applicable is $5 million. (page 25) 8. Managers should be jailed for safety breaches as violating a law requires that the person be dealt severely. This will help to set examples for others and make individuals take more care and precaution while taking a decision. It is the responsibility of managers to act in the interest of the common people so any breach on the part of the manager should be dealt severely so that such breaches don’t arise in the future. Also directors and managers are held accountable for the breach of contract shows that measures are been taken to reduce the violation of the law. Having a law which acts and ensures that the violators are dealt with seriously ensures that corporation duties improve and manager can be productive in their decision making. This will also act as a tool for other organization and prevent managers from taking decision which will influence the behaviour and produce counterproductive activities. Unit 5 1. The twenty elements of a SSHE management system are I. Commitment of board of directors and senior management II. Resource allocation to SSHE management III. Development of a SSHE implementation plan IV. SSHE design V. Premises SSHE management VI. Plant SSHE management VII. Substances SSHE management VIII. Process SSHE management IX. Procurement SSHE management X. People SSHE management XI. Contractor SSHE management XII. Client SSHE management XIII. Supplier SSHE management XIV. Critical Risk Control XV. SSHE consultation and Communication XVI. SSHE incentive and motivation Program XVII. Emergency Response and Business Continuity XVIII. Training XIX. Supervision XX. System Performance Assessment and Review 2. Senior management commitment is important because it will define the success of SSHE management. The commitment will result in proper resource allocation, effective implementation, systematic compliance, and SSHE culture. (Page 202) Also the commitment of senior manager will help to reduce injuries as they will able to guide the employees and reduce injuries. The management can look at different ways to ensure it like a simple pat can also help to ensure that the employees bring to the notice of the management any hazard that is taking place. When this commitment is made it has to be signed by the management so that it is effective. Having commitment from the senior management will make it easy to be implemented and will increase the success of SSHE management. The effectiveness of it can be increased by ensuring on the job efficiency. This will help to improve the work environment and will ensure that injuries are reduced. The role of the senior management will also guide the employees and will help to monitor the behaviour. 3. Safety should be considered as a sub set of human resources. It is seen that it is not considered a part of human resource which reduces the effectiveness of the safety function. To improve the effectiveness safety management should consider people selection, training, performance management, mentoring and discipline to increase the effectiveness of human resource. To be effective the process should begin with effective recruitment policy. This can bring effectiveness if the person has a positive attitude which will contribute towards the positive culture through enthusiasm, ideas and energy. With proper training and ways to improve the human roles and safety roles will help to ensure that even the casual and part time employees are able to ensure human safety. This will thereby help to improve the safety mechanism and deal with SSHE management. 4. The client is considered a liability when it doesn’t meet the below mentioned perspective Firstly, when we are not in a position to deliver the contract to the client in a timely manner which is safe and secure and doesn’t harm the environment and every aspect of safety is taken into consideration Secondly, when the SSHE values, system, processes and culture are not compatible with the clients SSHE values, system, processes and culture Lastly, when the communication with the client creates stress and physiological risk because of behaviours which are unwarranted creates a liability from the client. 5. It is important to access SSHE during the recruitment process so that the correct candidate is chosen. (Page 237) Having SSHE during recruitment will help to recruit the correct candidate whose positive attitude can be directed to bring enthusiasm, ideas and energy to safety management policies. Not doing so would mean that a wrong candidate is recruited which will have an effect on the organizational culture and on the effectiveness of the SSHE management system. (Page 237) Also the fact that if the correct candidate is recruited than the resources and efforts can be directed in the correct direction. An example of this is the physiological test which helps to judge the employees perception and based on it organizations recruit employees. This helps in the long run and ensures that the efforts of the employees are not wasted and provides maximum efficiency in the recruitment process. 6. Noise pollution is considered an environmental offence. All states in Australia lay down the same procedure to ensure that noise pollution remains below limit. It is seen that every year 10,000 workmen compensation due to hearing aid is provide which cost around $ 35 million to be given to the victim. Measures are taken to ensure that noise pollution doesn’t exceed the 8 hour noise equivalent to 85 dB (A) and is not exposed to more than 140 dB (C). (Page 234) Also to ensure that noise pollution remains below the above prescribed limit measures are taken to ensure that employees are consulted while purchasing an equipment, training and equipments are provided to reduce noise and continuous measures are taken to reduce it so that it doesn’t lead to pollution. 7. SSHE lays stress on organizational culture to ensure that the person recruited is correct and falls within the culture. (Page 237)This is so because the behaviour of the employee will direct the attitude prevalent in the organization and not laying stress on culture would mean that the person hired doesn’t fit in the organization. Also SSHE culture is a part of the overall process and stress needs to be laid towards effective implementation and maintenance of the SSHE management system. To ensure that SSHE management provides advantage it is important that SSHE lays importance to culture. The effectiveness of the SSHE culture can be increased by ensuring effective policies and procedures which helps in the successful implementation of SSHE and having better outcomes. 8. Safety expenses are incurred by an organization due to the regulation which forces them to do so else the expense would have been zero. The mere fact that the safety expenses can be quantifiable and used to generate future earning capacity it needs to be treated as a capital expense. Since, safety expenses help to generate future income and can be considered a bundle of process, control, training, behaviour and attitude which helps to increase productivity it can be treated as capital expense. Also, it matches the definition of capital expenses as in economics further recommends that safety expense be treated as capital expense. (Page 207) Investments in safety reduce future accidents and helps to generate more income earning sources in the future makes it important to be considered as a capital expense. Unit 6 1. SSHE faces some issues in the 21st century. With growth and development taking place everywhere the challenges and regulation SSHE faces has also increased. Increasing regulation and organization looking towards compliances have increased the issues surrounding SSHE. SSHE faces issues like nanotechnology which breaks particles into such smaller parts that the characteristics and effects are uncertain. This problem magnifies with the already inherent problems faced in working conditions which has been created by technological advancement. Also greater efforts being laid towards safety consciousness, system improvement and regulations have further burdened the issues surrounding SSHE. With changes taking place in regulation the inherent problem seems to continue since the industrial age and changes in technological advancement has mitigated the challenge. Thus, the major issue facing SSHE is the technological advancement. 2. The answer for a national regulatory regime for safety health and environment is yes. Legislators should look into having a single regime despite the time and effort required to do so as it will help to lay importance to safety and health and integrate the same with the environment which will improve the effectiveness of the regime. There can be a national regulatory regime for Safety, health and environment instead of the present three separate regulators in each of the nine Australian jurisdictions. Having a single regulatory regime will help the regulators to exploit economies of scale and greater learning opportunities from multi disciplinary approach. (Page 267) This will thereby help to improve regulation and provide better ways to ensure safety, health and environmental regime. Even the regulators as per the words of Mitch Hooke is looking towards ways to ensure that such a regime exist as it will help to multiply the benefit and help in proper management of the safety and health regime. 3. The present system which looks to punish the top management for the offences is creating counterproductive activities in the organization. The different drivers present like the symbolic and the instrumental drivers have an effect on the overall approach. It is widely seen that instrumental drivers which deal with punishment is widely used compared to the symbolic driver which looks towards moral obligation. The impediments to SSHE in practices are that having different approach to risk like safety risk management, security risk management and environment risk management is not helping organization to streamline and refine their process. (Page 267) Further, the technological advancement like nanotechnology if further hindering the SSHE management as keeping in pace with the changing environment is creating additional pressure. Further having different jurisdiction instead of one is adding as an impediment to the SSHE practices. This makes it necessary that the allocation of resources to ensure effective process should be such that it helps to improve the degree of the business. 4. Precautionary principle applies to nanotechnology as nanotechnology is harming the environment. Precautionary principle deals with the environment context and nanotechnology is seemed to be performing in the same direction. This can be seen from the usage of sunscreen where nanotechnology helps to find that zinc oxide and titanium dioxide used in sunscreen is harming the environment. Nanotechnology thus, can be useful in the future to find more such findings which will help to improve the environment safety and has a huge role to play in precautionary principle. Also the fact the nanotechnology can help in areas like dermatological studies which deals with follicular duct under certain conditions leading to potentially adverse health effects can be dealt and findings drawn which will help to improve the future, (Page 266-277) 5. Risk management is a field which requires continuous development. Risk management has increased SSHE management and continues to do so. The fact that the present system of risk management looks at a methodological approach where the risks are ascertained first and then the resources and procedures directed are used helps to ensure that all risks are accounted for. This also gives rise to a condition where certain risk which requires special consideration as they have a larger impact are not considered as all risk are considered form the same aspect. More developments on the risk management front will help in better implementation of safety, health and environment law. With new developments like nanotechnology risk management has still a lot of scope for improvement which will help to improve the process and ensure that safety, health and environment aspect are given due consideration. 6. Licensing SSHE would help and provide a better outcome as corporations looking for a license will help to adhere to the rules laid in it. Further having a licensing regime would mean that the license has to be renewed regularly. License will ensure that the corporations take steps to ensure that the pollution level in the context of environment pollution remain below the mentioned limit. This will improve the efficiency as government and other regulating bodies can put pressure and ensure that corporations adhere to the SSHE maintenance. This will thereby help to improve the SSHE process and ensure that corporations look towards it more seriously as breaching SSHE would mean that the license gets cancelled. This will thereby improve efficiency and improve the entire process. Also the fact that license will help to reduce the legislative instruments that corporations have to comply with and will provide greater flexibility. This will help to bring innovation and ensure that steps are taken by the corporation to reduce the extent of licensing requirements. 7. Integrating SSHE can give organization a variety of synergy as it will help to improve the process. Integrating SSHE will create synergy as organization will have to look towards a single audit instead of three different audits for the system. (Page 267) Also it will help to streamline the process and refine it as safety risk management, security risk management and environment risk management will work as a common regime. This will help to exploit economies of scale and provide greater learning opportunity through multi disciplinary approach. This will also help to improve the safety expenditure and see safety expense as a capital expenditure. The overall step will help to ensure that the synergies between the management increases which will help to reduce risks. 8. Climate change is a serious concern especially with temperatures rising, changes in the water level, melting of glaciers and the changes in the weather pattern. Climate change can be considered both as a safety and environment change because this change looks into both this aspect. It can be considered as a safety change because climate change has an influence on safety aspect as changes in climate affects human behaviour. Also a change in climate like global warming is having its effect on environment as temperatures are rising. This is thereby impacting the environment. Also looking it from the other perspective we see that climate changes are making the safety changes as different tools for the same are developed. The climatic changes are also having an influence to such an extent as temperatures are seem to reach extremes and changes in the pattern which is causing disasters and making certain species disappear is a serious concern. Read More