Health and Safety Regulations of NSW and Risk Management - Essay Example

 Executive Summary The study includes a detailed assessment of a case study based on occupational health and safety regulations of NSW and risk management. The case of Titanic Cove Resort has been described to highlight various hazards that took place within the resort and other non-compliance issues that prevailed within the organization. The examples of few hazards that took place in the organization were namely: injury from the usage of toxic chemical substance for cleaning glasses, fatal injury for shifting heavy furniture from one place to other, assault of a bartender, security guard being beaten up, armed hold up in casino, etc. Non-compliance issues consist of non-trained health and safety representatives handling important positions in the organization, appointment of ineligible candidates for places like bar and casino, etc. After conducting an audit of the whole situation and deriving the above finding several recommendations, the objectives behind them and a probable time estimate has been clearly mentioned in the action plan in Appendix 2. In Appendix 1 a risk assessment matrix has been developed to highlight the intensity of each hazard or risk that took place in the organization. Table of Contents Executive Summary 2 Breaches in WHS legislation 4 Hazards within the Workplace 5 Risk and Risk Treatment 6 Management Level Controls 7 Risk Controls 8 Cost Benefit Analysis 9 Consequences of Not Improving Compliance 10 References 11 Appendices 12 Appendix 1 12 Appendix 2 13 Breaches in WHS legislation The major laws which affect most of the business as Occupational Health and Safety (OHS) would be improved to Work Health Safety (WHS). The revised laws have been implemented from the year 2012. According to the new WHS, the focus of the employee should be on the making proper work arrangements and also maintaining good relationships for carrying out the business. The focus of the employer should be on the impact of the workplace, health and safety issues of the employees (NSW Business Chamber, 2011). Companies have the right to consult with other companies or organization regarding safety and health issues of the organization. The individuals in the organizations would be no longer termed as workers; rather they should be regarded as employees. Implementing health and safety measures in the organization would be given primary importance and the employees also have the right to raise voice if they find that these norms do not meet the standards in their organization. Every employee must hold an entry permit to enter the organization. These are the basic changes that have been made in the new guidelines. Now let us consider the breaches that took place in Titanic Cove Resort (TCR), with reference to WHS laws. The employees in TCR were neither safe, not their major health issues, due to usage of various harmful substances were given any importance. The representatives in the health and safety committee did not even complete their training and not competent enough to handle such situation. The employees in the bar and casino were legally not eligible to handle those functions. The medical wing of the organization was not well equipped for any minor treatment also. Delegation of proper roles and responsibility was absent, so employees were not sure of their domain within the organization. By this it can be said that based on the WHS laws the health as well as safety of the employees were not paid attention in TCR. Moreover, the training of the representative responsible for handling such issues were also incomplete, so they were not legally suitable to handle such positions. Hazards within the Workplace After a detailed analysis of the case study it has been noticed that, numerous case related to employee safety and health had occurred in TCR. All the incidents indicate the fact that major breach in the WHS laws has been done. The reported incidents or hazards that occurred in the resort are stated as follows: Firstly, it was noticed that the housekeeping staffs used some new cleaning substance which for cleaning the glass shower screens. This chemical was hazardous and it was affecting the health of the employees. Though the substance saved the cleaning time, but the chemicals in the substance were really dangerous and due to its fumes 8 staffs suffered from breathing issues, 4 of them has burnt their hands and 2 of them has burnt their eyes. These were the reported numbers; there were many others who were affected after this substance is being used in TCR. The bottles which contained these substances were neither labeled not contained any information regarding its manufacturer or supplier. Secondly, another incident includes physical attack to a bar attendant by an intoxicated customer. Thirdly, a security guard was knocked unconscious when he tries to resolve a fight in the wedding. Fourthly, in an armed hold up the staff members were locked in cool room and they were totally traumatized and few staff did not even resume their duties. Fifthly, staffs were having innumerable injuries while handling furniture and shifting them for various functions. The tables were very heavy and difficult to move. Lastly, there were no provisions for fire extinguishing or medical aid. Risk and Risk Treatment The hazards that took place in TCR have already been discussed in the study. Based on those hazards, we will discuss the risks that are associated with these hazards, arrange these risks based on their priority and accordingly evaluate the probable risk treatments for the same. The first hazard that was mentioned was related to the usage of cleaning substance, which was fatal in many respects. The fumes from the substance were harmful for eyes and also caused breathing problems among the employees and guests visiting the resort. This comes under the health norms of WHS laws. The next incidents were related to the safety issues. One of the employees in the bar was assaulted and a security guard was beating when he tried to stop people from fighting. This proves that the employees were not safe in the organization and they can fall prey to hazards any day. Thirdly, the representatives in the health and safety department were not eligible for their position because they were not trained for the job. So they did not have proper idea regarding risk management. There was no provision for fire extinguishing or medical aid. The furniture in the resort was difficult to handle because they were bulky and becoming a danger for the employees. All these were the associated risks that prevailed in TCR. If now we sequence these risks based on their importance, then it can be said that firstly, the usage of the harmful substance should be stooped. This problem in not difficult to solve, but it is creating major health issues in the organization. Secondly, the problems of safety should be strictly handled. Legal help should be taken from local police and judicial department to deal strictly with annoying customers. In this way the customers would behave properly and the employees would feel secure during their working hours. The third issue would be the appointment of staffs legally according to their competencies. The untrained or half trained staffs should be trained properly and their duties should be monitored to evaluate their performance after training. This is how man power to control hazards would be available in the organization. Then permanent solution for fire extinguishing and medical aid should be made available. Finally the furniture of the resort would be sold off to buy new attractive and light weight furniture for easy movement. Management Level Controls In this section the discussion would be on non-compliance of the legislation and not on the hazards that took place as a result of such non-compliance. The hazards occurred in the organization were not the faults of the employees and in some cases even the management was not responsible, but the non-compliance issues were: firstly, the health and safety representatives did not complete their training and they were among the permanent full time staffs in TCR. The committee and the staffs did not discuss their issues or future plans in a meeting for about three month; neither did they plan anything for their Christmas party which was a major agenda in their discussion topics. The managers found the committee trainings costly, so they avoided that. The staffs were not aware of their responsibilities and the human resource department recruited employees, but did not give them training. The new employee was handed a handbook which contains the regulations. These were the non-compliance issues that resulted in hazards in the organization. The issues related to recruitment and training the employees properly and systematically, is the responsibility of the human resource department. They are responsible for assessing whether legally, mentally and physically eligible for the position or not, and if he/she is selected then the responsibility of their training also goes to them. Next is handling regular committee meeting lies with the top level management. They would be responsible for setting the dates of meeting at regular interval. If the training cost of health and safety is legally mandatory, and if the employees are not opting for it due to its cost, then the top level management should financially assist the representative to take the training. Risk Controls The hierarchy of risk control is nothing but a system that the industry uses to reduce or eliminate risk. This is an important concept generally taught to managers to curb risk or hazards in organization. The elements in the hierarchy of risk control are explained in accordance to their effectiveness: elimination, substitute, engineer controls, administration and personal protective equipments. The first step is for removing hazard or risk completely from workplace. It should be replaced by an effective process which is not hazardous. Hazards can be removed with the help of mechanical aids. For safe implementation supervision is important and finally the employees should be given proper protective equipments to protect themselves (Northern Territory Government, n.d.). Figure: 1 Source: (USW Political Action Fund - Five Gateway Center, n. d.) Following this hierarchy of hazard control, firstly, the hazardous substance used for cleaning glass shower would be eliminated from the organization and in its place some other suitable and safe substance would be recommended. In case of heavy furniture which injures the employees, a replacement would be given a thought. Light weight attractive and elegant furniture would be bought and installed in place of those and they would be sold off. The employees such as bartender or security guard would be given self protection equipments to protect themselves from difficult customers. Finally the health and safety department staffs would be trained thoroughly to combat hazardous situations and manage risks in organization. Cost Benefit Analysis The costs that the organization has to bear because of non-compliance in legislation are higher than it had to bear if it had spent funds to control the situations and establish risk management framework in the organization. Most of the employees in the organization are either injured, or traumatized for various reasons. This signifies the internal environment is neither healthy nor safe for them. The company has to bear the cost of replacing the old furniture with the new and convenient ones. Next the organization would have to bear extra cost for eliminating the old cleaning substance and buying new ones. Extra equipments and safety measures for staffs would also add to the cost. Moreover, training the staffs would be another cost related issue. There would be three benefits with regards to these costs: hike in revenue generation, increasing goodwill, and employee loyalty towards organization. Consequences of Not Improving Compliance The consequences of not improving the compliance issues can be many at the initial stage, but one at the last stage that is insolvency and closure of the resort. Daily loses and mismanagement would lead to bigger issues. Injury of employees would lead to fatal accidents and loss of lives. This would create further problems for the firm as it would have to spend most of its revenue in fighting court cases for the same. The reputation and the profitability of the organization would go down considerably leading to its final closure. References Northern Territory Government, no date. The Risk Management Process. [Online] Available at: < http://www.det.nt.gov.au/__data/assets/pdf_file/0011/4106/risk_management_process.pdf> [Accessed 6 September 2012]. NSW Business Chamber, 2011. NSW Work Health and Safety Legislation Update. [Online] Available at: < http://www.nswbusinesschamber.com.au/NSW-Work-Health-and-Safety-Legislation> [Accessed 6 September 2012]. USW Political Action Fund - Five Gateway Center, no date. Blame the Worker H&S Programs. [Online] Available at: < http://www.usw.org/resources/hse/page?type=hse_publications&id=0002> [Accessed 6 September 2012]. Appendices Appendix 1 Consequences Description Catastrophic Use of hazardous substance in every places to clean Major Assault to the bartender; Security guard beaten-up Moderate Staff locked in cool room; fire extinguisher not available for minor fire in hotel room Minor Injury due to shifting furniture Insignificant nil Likelihood Description Almost certain wide spread illness due to fumes of hazardous chemicals within resort premises Likely staffs getting injured again due to shifting heavy furniture Possibility bartender getting assaulted again by intoxicated customers, security guard getting beaten up Unlikely Staff locked in cool room due to armed hold up Rare nil Risk Assessment Matrix Likelihood Consequence Almost certain Likely Possibility Unlikely Rare Catastrophic Critcal Critcal Critcal High Medium Major Critcal Critcal High Medium Low Moderate Critcal High Medium Low Low Minor High Medium Low Low Very low Insignificant Medium Low Low Very low Very low Appendix 2 Action Plans for the Recommendations Action Objective Time Requirement Removal of cleaning substance to avoid fatal injuries and hazards 1 month Safety Measures for staffs To protect the lives and dignity of the staffs 6 months Providing self-protection equipments to security guards To solve unnecessary issues without getting hurt 6 months Fire extinguishing facilities To protect staffs and customers from fire breakout 6 months-1 year Complete stock of medical aid Contingent health issues 1 month Buying new furniture Old furniture very heavy and the staffs got injured while shifting them 6 months – 1 year Training health and safety representatives For proper management and monitoring the health and safety manners professionally 1 year Training new employees in batches So that they work systematically from the beginning of their tenure with TCR 3 months Monthly committee meetings To evaluate the monthly progress and plan for the next month and year 1 day for meeting. Delegation of duty and responsibility to every staff systematically Confusion, misunderstanding and non-compliance of legislation can be avoided through this 1 month Read More