Health and Safety Regulations - Term Paper Example

OHS legal compliance report. Name: Course: Lecturer: Date: Table of contents Executive summary…………………………………..……………………………..pg.3 Introduction……………………………………………………..…………………..pg.4 Legal frame work…………………………………………………..……………….pg.5 Key sections and regulations in general…………………………….……………...pg.5 Legal Prosecutions………………………………………………….………………pg.6 Applicable to the work place……………………………………………………….pg.7 Due diligence of Managers…………………………………………………………pg7 OHS issues affecting specific areas of the restaurant……………….…………...…pg.8 Ground keeping staff within the restaurant………………………….……………...pg.8 The Restaurants Housekeeping staff………………………………….……………..pg.9 Conclusion…………………………………………………………….……………..pg10 Recommendations……………………………………………………….…………...pg10 Appendix……………………………………………………………………………..pg.11 Executive summary In many states it is a requirement for employers, or the manager in charge to have a copy of the OHS legal compliance act. These regulations are easily obtained from OHS authority in respective states. It is equally important for staff members to be capable of identifying and have appropriate awareness of OHS issues and risks in their daily operations. This compliance report provides basic information that is needed to help prepare good and safety practices acceptable in the work place. Every manger has the responsibility to manage all affairs of their business. They include financial aspects, health and safety affairs for themselves as well as for the employees who work for them. This could be on a part-time, full time, contractors, volunteers, customers while within the business premises. Therefore the management occupational, health and safety laws within every business are essential. There are crucial legal responsibilities to be carried out by any individuals who can affect health and safety in within the business environment. This compliance report is developed to purposively assist managers of small business practice and manage health and safety regulations within their work places. It has been specifically developed with the limited resources and needs of small businesses in mind so as to give essential steps that out to be followed to effectively manage health and safety. All businesses need to take steps that improve how they manage and setup health and safety standards. Such steps include, writing of policy and safe working procedures, management of hazards, employee involvement, knowledge of legal responsibilities, Occupational health and safety record keeping, employee enlightenment concerning OHS issues, monitoring and reviewing safety regulations within the business premises. Introduction Under the guidance of the OHS act of 2000 and Regulation 2001, any person who can affect health and safety within the business environment has a greater deal of responsibility to protect it. Such persons include managers, owners, manufacturers and suppliers. As a manager you must ensure that, equipment and tools are in safe condition. Facilities are hygienically maintained including toilets and eating areas. Process for identifying hazards, assessing and the control of risks are setup. Information and training are accessible to all staff (Australian Capital Territory Legislative Assembly 1993). Process are developed that favor consultation with workers so as to keep them informed and involved in decision making process that affect their health and safety in the work place. Legal obligations binding all parties within the business are set out in the OHS act 2000.Risk management legislation requires manager to carry out, Risk assessments, Hazard identification and elimination of risks. In addition to Regulations and codes of practice, every business should take and apply these simple steps provisioned in the OHS legislation (Australian Law Reform Commission 1992). In this context a restaurant is used to carry out a legal compliance report falling under the Hospitality industry. Legal frame work The Industrial code of practice gives direction on how to accomplish standards of health and safety as directed by the OHS Act. Regulations are made via consultations with industrial stake holders including employees, government and special interest groups and representatives (Braithwaite1991). In case managers, persons in charge of the business fails to ensure health, safety and welfare they are liable for prosecution as approved code of practice can be used against them (Ayres 1992). Key sections and regulations in general Under Section 22 of the OHS Act, employees need not to make payments for materials that are needed to optimize safety and health. Under division 2, OHS committees have to be developed in specific circumstances and endorsed to perform certain functions and powers. Section 23 suggests that, Managers should not dismiss or penalize their staffs who make OHS complaints and acting members in an OHS team (Cameron 1992). Under regulation 2001, accidents, circumstances hazardous activity need to be notified to work cover NSW. Under part four of the OHS Act, Hospitality industrial codes of practice could be developed and formulated in order to give guidance to the legislation. Section 28 states that, defenses are found under the act. It has to be proven that it was not practically reasonable to conform or the Manager lacked control over situation hence unable to plan and contain those (Ayres 1992). Legal Prosecutions In case of failure to conform to Prohibition Notices or flagrant deliberate breach responsibilities, trial looms. Prosecution procedure entail collection of proof solely for a court case against the business or person alleged to have breached the OHS Act and regulations (Ayres 1992). In case of a successful prosecution, it amounts to the classification of a criminal offence. This could result in prison sentences or financial fines imposed by the court. Such fines are later paid to the Governments for revenue consolidation .Portion of these fines are allocated to advisory bodies or institutions like Work cover that assist with basic enforcement and preventive actions. If a manager or any person is convicted, they just might be ordered to pay costs incurred by the prosecutors of the process (Cameron 1992). Normally prosecutions are begun within a two year time frame of the accused offence. However they are exceptions to this; manufactures suppliers and designers of plant and material under section 18, can be prosecuted within six months of the awareness by enforcement situations of the alleged offence Proceedings conducted under local courts are influenced by the type of crime (Cameron 1992). The expected fines imposed by local courts may reach 500 penalty units or a two year sentence. Industrial courts impose penalties to the maximum of the legislation specifications. Penalties are 500 penalty units .More can be imposed for second offences. Penalty units attract current fines valued at $ 110. Applicable to the work place The duty of care responsibilities under the OHS 2000 follow that; as per section seven in the act, risks that arise at work refer to the manners of shepherding and undertaking work, plant and materials usage ,the premises settings the job is carried out in. In section eight, managers should ensure safety, health and welfare of employees by giving safe entries and exists, secure plant and substances, safe working systems, information, supervision, education and equipment. Section nine provides that self-employed individuals have to ensure safety, health and welfare of other persons other than their workers (Corbett 1992). Other crucial sections entail, Section ten suggests that those in control of work places for example managers ought to ensure plant and substances used by non-staff members are safe and healthy. Section eleven that suggests Manufacturers, suppliers, designers of plant and substances have to ensure goods are safe with no risk to health in the eventuality of proper usage. Section twenty that entails employees to cooperate with their employers so as not to risk own health and safety. Section twenty six implies that a business managers, directors and supervisors are responsible for welfare, health and safety (Corbett 1992). Due diligence of Managers Due diligence, an important management tool, if used properly will encourage careful documentation and systematic assessments of certain work place hazards and placement of measures to prevent costly injuries at the business (Hopkins 1994). Due diligence entails that all parties involved with the management of the Restaurant has to understand the duties set out in the act and regulations. Once identified, managers are required to address such risks effectively and in well documented health, safety and welfare systems (Friedman 1983). OHS issues affecting specific areas of the restaurant Bar work Bar staff work closely with the public, hence have to ensure high levels of safety and hygiene. For example, ensuring safety through, certifying glasses remains un-damaged, monitor alcohol sales, ensuring hygiene via cleaning toilets, cutlery and hand washing areas within the restaurant. The staff must ensure their own personal hygiene through having the appropriate clothing and keeping their hands clean. This is because low safety standards put the health of customers at risk. It is inappropriate for restaurant business to find itself explaining why glasses are stained with finger marks or cracks (Industry Commission 1995). The sale of alcohol should be monitored as well because excessive consumption of alcohol is harmful to individuals that may cause drowsiness to violent behavior (Hopkins 1994). Effective measures that are being practiced within the bar section include; cutlery and glasses are washed thoroughly in detergent and hot water. Ash trays are being emptied into specials containers that prevent fire outbreaks. Ice is scooped with non-breakable plastic (Industry Commission 1995). Ground keeping staff within the restaurant According to the OHS Act and regulations, staff can be exposed to several hazards. They include; Ultra violet radiation, hot and cold weather and hazardous materials. Security guards were provided with shelter from shade shelters, they were rotated between schedules, they were provided with safety clothing and equipment (Howard 1963). For example shirts made of cotton, sunglasses safety boots and reflective vests. They were also provided with sufficient access water and rest breaks. The Restaurants Housekeeping staff Housekeeping activities ensure general cleanliness of the accommodation areas and sanitation facilities. These cleaning procedures are intended for washing beddings, leaving surfaces dry so as to minimize bacterial contamination (Hogg 1988) .With increased spread of in factious activities, staff members ought to take special precautions while cleaning materials in contact with other people’s body fluids. Such materials include soiled sheet, towels, excreta and sanitary napkins (Industry Commission 1995). Controls measure identified within the restaurant include; signs were being placed around areas where floors were being cleaned .Staff wore gloves when handling objects and while scrubbing surfaces that are contaminated. These cleaning procedures are intended for washing beddings, leaving surfaces dry so as to minimize bacterial contamination (Hogg 1988) .With increased spread of in factious activities, staff members ought to take special precautions while cleaning materials in contact with other people’s body fluids. Such materials include soiled sheet, towels, excreta and sanitary napkins (Industry Commission 1995).The uses of color coded cleaning clothes .For example, red cloths cleaned toilets and yellow for hand and bath basins. Disposal of sharp objects and sterilization of gear used to sanitize spills such a vomit and other body fluids (Hogg 1988). Conclusion Irrespective of the system, policies and control the restaurant institutes OHS legal compliance will not effectively be implemented to function if the staff lacks appropriate training. Training requirements proposed for the restaurant so as to achieve legal compliance under the OHS Act includes; Instructions to convey duties safely and in a healthy way. Appropriate supervisions of staff members to ensure the individual is capable of carrying out instructions and tasks assigned to them. Recommendations I recommend a systematic training approach for the restaurant as it will allow participants gain required skills and experience while dealing with day to day situations. I suggest these as good training are hardly achievable via unplanned approaches. The advantages of a systematic training approach include: Problematic areas within the restaurant may be targeted and dealt with in the shortest time possible. Workers are best prepared to deal with unexpected situation that may arise hence save cost on penalties or law suits that may arise from human error while dealing with customers. Appendix Employee checklist tool used Employees are enthusiastically involved in the restaurants OHS Employees are consulted on OHS issues through meetings or OHS legal compliance meetings. OHS information is given through noticeboards, internal memos and newsletters, Employees have input into the development of OHS policies and Regulations Employees partake in OHS policy activities in the workplace for example hazard inspections Employees get the opportunity to make contribution for improving workplace health and safety References Australian Capital Territory Legislative Assembly, Report No. 1 of the Standing Committee on Legal Affairs: Crimes (Amendment) Bill 1993, Canberra, 1993. Australian Law Reform Commission, Multiculturalism and the Law Report No. 57, ALRC, Sydney 1992, ch 9. Ayres, I & Braithwaite, J, Responsive Regulation, Oxford University Press, UK, 1992. 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