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BUS307 - Business Law - Work and Health Safety in Australia

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UNIVERSITY OF REGINA

   

Business Law (BUS307)

   

Added on  2020-03-01

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In this assignment, we will discuss work health and safety of the workers in Australia, with a particular reference to the education sector. In this regard, the issues which are faced in the education factors pertaining to the WHS have been highlighted. This assignment will discuss the case laws where the education sector relates to WHS.

BUS307 - Business Law - Work and Health Safety in Australia

   

UNIVERSITY OF REGINA

   

Business Law (BUS307)

   Added on 2020-03-01

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BUS307 - Business Law - Work and Health Safety in Australia_1
WHS2IntroductionWork, health and safety are something which is given major significance in Australia,particularly through the applicability of the Work Health and Safety Act, 2011 (Cth) (Tooma,2012). Through this act, a framework has been provided which protects the safety, welfare andhealth of all the workers at work. The people who are covered under this act include the workers,contractors, employees, subcontractors, volunteers, apprentices and trainees. Through this act,the primary safety and health is made the duty of the person who conducts the business orundertaking (WorkCover Queensland, 2017). In the following parts, a discussion has been carried regarding the work health and safety inAustralia, with a particular reference to the education sector. In this regard, the issues which arefaced in the education factors pertaining to the WHS have been highlighted. This is followed bya discussion on the case laws where the education sector related cases in the matter of WHS havebeen elucidated. Lastly, before concluding the entire discussion, certain recommendations havebeen presented to deal with the issues highlighted regarding WHS in Australian education sector.Issues of WHS in Education SectorIn the early and the middle childhood settings, the work health and safety is linked with everydaypractices. In the early education and even outside the school hour care, the practices of healthand safety focus upon the children needs. And as the services offered here are the workplacestoo, there is a need for meeting the laws of WHS so that the educators are safe. Each year, anumber of educators are injured in their early childhood place of work and the majority of these
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WHS3injuries include the ones which are musculoskeletal, due to the daily activities like lifting ofchildren, play equipments, and even sitting on small chairs. The universities, schools and libraries in Australia are such institutions on which the WorkHealth and Safety Act as they are deemed as workplaces. Due to these reasons, they have to beprepared for the risks associated with the health and safety at different places. It has to be clearlyunderstood that there is a high risk of workings in the education sector and that there is an urgentneed of forming strategies for managing such risks (Work Safe Victoria, 2017a). Some of thekey risks in the education sector of Australia are related to the hazardous manual handling; andthis includes helping the students particularly when there are special schools; for safeguardingagainst incidents where repetitive movements are involved, for instance typing. Some of theother issues which can be present in the education sector in the nation include the stress owing tothe pressure of work; the risks of an individual falling, slipping or tripping; the improper use ofthe equipment and machinery in a manner where the safety is hampered; and such people whocould exhibit certain behavior which was not predictable and can be best classified as beingaggressive (Work Safe Victoria, 2017b). The importance which is laid over the health and safety in the education sector is due to the factthat this sector involves toddlers, children, teenagers and adults. So, this is the sector which actsas building blocks for such individuals. These individuals are not capable of taking care ofthemselves and so, their safety becomes a more important duty for the people who have thisresponsibility. This responsibility is given to the ones who run such educational institutespursuant to the provisions of Work Health and Safety Act 2011 (Walker and Miller, 2013). Thequality learning environment has been underpinned through this statute. In case there are issuessurrounding the health and safety, due to which the safety, health and wellbeing of the staff,
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WHS4children, service visitors and families are affected, a quality childhood service cannot beguaranteed (National Alliance, 2012). By adopting proper practices, procedures and policies of work health and safety, theresponsibility of making available a safe place of work can be made certain and can be fulfilledby the management. Further, this would also help in avoiding the negative impact which can beotherwise a problem for the employees’ health and wellbeing. There is a need for strictlyadhering to the health and safety duties imposed on the employees, and being provided with asafe place of work. It is also crucial that the work place is safe not only for the employees but forthe children, service visitors and the families who visit the educational institute for them to besafe and their wellbeing being properly protected. There is also a need for providing quality earlyeducation through supportive working environment (National Alliance, 2012). Case LawsCase NameWorkCover (Inspector Calvez) v TAFE Commission [2014] NSWDC 108BackgroundSarah Waugh, aged 12, was an experienced ride, who was fatally injured on March 24th, 2009while she was undergoing the course of riding lesson and she fell from the horse as the horsestarted galloping uncontrollably. She was undergoing riding lesson pursuant to the Dubbo RuralSkills and Environment Centre conducted course and was enrolled as an agricultural student.This centre was owned by Technical and Further Education Commission. The case was hence,
BUS307 - Business Law - Work and Health Safety in Australia_4

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