Identifying Breaches in WHS Legislation

This document discusses the breaches in Work Health and Safety (WHS) legislation and their impact on workplace safety. It explores the hazards within the workplace, assesses the associated risks, and determines the priority for risk treatment. It also identifies appropriate management level controls to address non-compliance with the legislation and discusses the hierarchy of control for the identified hazards. Additionally, it conducts a cost-benefit analysis and describes the outcome of not improving compliance and managing workplace hazards.

Running head: RISK, CRISIS AND DISASTER MANAGEMENT
Risk, Crisis and Disaster Management
Name of the Student
Name of the University
Author Note

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Topic- Risk, Crisis and Disaster Management
Identifying the breaches in WHS legislation with specific reference to the
legislation that applies in the case
It has been identified that Work Health and Safety legislations provide a range of
corrective techniques and enforcement, options with the inclusion of provisional notices
issued by health and safety representatives. When it comes to breaches of WHS legislation, it
can be mentioned that there are three different categories of breach of the model WHS. First
one is about the category 1 where an individual recklessly involved in conduct that exposes a
person to a risk of death or serious injury. For example, in the case study it was studied that
only two members of Health Safety Committee have met their committee training and HR
manager said it was highly expensive. For example when the employees are injured they tend
to go to their local doctors as the first aid at hotel is not reliable. This means that the kits are
not properly stocked. Thus, it can be added that personnel in the HR department are
responsible for the poor arrangement first aid kits which are causing the individuals to go
hospital instead taking service from the hotel itself. It has also been studied in the literature
review that HR department has been busy recruiting to replace employees who continue
leaving and moreover, the HR department did not even provide induction training which is
the reason of employee frustration and tiredness. Thus, it can be added that there has been a
clear breach of conduct. Another breach of WHS can be an individual’s failure in an
organizational setting to comply with a health and safety which exposes an individual to risk
of death or any sort of serious injuries (Schofield, Reeve & McCallum 2014). In the case
study, a similar incident was found in the case study where it is learnt that one of the hotel
staff has assaulted one of the guests and eventually got him hospital. Thus, it can be added
that this is a solid breach of contact.

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Identifying the hazard within the workplace
It can be mentioned that hazards in the workplace including the work-practice and
procedure which has the potential to harm heath and safety of an individual. According to
Foster (2012), employee or business or anyone who falls under the definition of a ‘person
conducting a business or undertaking’ (PCBU) has the legal obligation under work health and
safety. This means any employee or PCBU having a legal duty must have to eliminate or
minimize risks to health and safety of worker at work under their business undertaking. So, to
identify and manage hazards, employer must have to consult with the workers regarding
safety, hazards and risk control. Organization must have to implement a safety management
system as well as risk management techniques that reviewed on a regular basis. According to
Melluish, and Haslam (2014), employers must have to consult, coordinate with any other
duty holders who hold a responsibility for health and safety. Hazard identification is more of
a process of undermining each work area as well as the work task for the purpose of
identifying all hazards that are inherent to the job. For example, in the case study, it was
found that not all incidents with the chemicals have been reported and when performing the
investigation, appropriate information regarding the chemical has not been found. Thus, these
areas need to be identified adequately.
Assessing the risk associated with the hazards and determine the priority
for risk treatment
When it comes to assessing the risk associated with the hazards, it is certain that risk
management should consider the possible consequence of someone being exposed to the
hazards and the likelihood of the occurrence. This will help to identify how severe the risk is
and whether any sort of existing control measures are effective and what particular actions
should be taken to control the risks (Bahn 2013). On the other side, Akpan (2011) mentioned

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that risk assessment must include the action of identifying factors that might be contributing
to the risks.
When assessing the risk, it is highly important that risk factors are effectively
identified and organized. For example, Zhang (2014) mentioned that about the factor like
the work premise and working environment including the layout and condition. In the case of
hotel organization mentioned in the case study, organizational situation is not in place. Even
though there is a series of incidents mentioned in the case study, one significant incident
found is that Health and Safety Representatives have not completed HSR training which is
the major reason of lack awareness regarding the workplace safety.
If the scenario of the case study is considered, it can be mentioned that there are
certain risks associated with the stated hazards. The hotel is located in very dimly lit area
surrounded by robbers. This means guests are not secure from the goons and the robbers are
in the area. If the hotel does not install or deploy security, bags and luggage of guests might
be attacked. Such risk must be addressed at the top priority because such incident could lead
to personal injuries of guests. Such risk should be treated with the highest priority- the
organization needs to deploy proper security to keep the guests away from harm or any sort
of loss. In order to control the situation, managers and supervisors need to make sure that the
policy is fully applied in the area of control. For example, organization needs to consult with
the security staff as the part of undertaking the hazards identification and risks assessment.
Another hazardous another hazard situation found in the case study is that lift is old as
well as it is constantly out of order, which indicates that any guest or hotel staff might got
stuck in the lift and that individual might suffer a stroke. This is a type of risk which needs
urgent attention. In order to resolve this risk, personnel of health and safety department needs

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to report facility manager of the organization. So that appropriate safety measures such as
emerge helpline of lift can be installed to call the respective person during the crisis.
Identifying appropriate management levels controls to address non-
compliance with the legislation
It has been identified that managing non-compliance to NSW legislation could require a
variety of frontline advice as well as information services. It is certain that investigators of
NSW may provide advice to both employers/agents and employee performance with respect
to individual entitlement, industry compliance as well as enforcement activities. According to
Markey et al. (2013), such services could enable and support relevant NSW businesses to
secure long-term compliance with NSW industrial relation laws. Authority of NSW might
apply 385 of the Industrial Relation Act 1996 and according to this regulation authority of
NSW might undertake workplace investigation and compliance activities with the inclusion
of prosecution of breaches of NSW Industrial Relation laws. Hence, IR might undertake a
range of compliance activities to secure long-term compliance with NSW. According to the
principles of this Act,
 Organizations or the individuals are supposed to secure a long-term compliance with
NSW by employers, bailers and employee performers
 Industrial relation Acct may penalise when required, identified non-compliant
behaviour
 Act might require an employer to rectify the identified breaches of NSW

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Identifying the risk control by applying the hierarchy of control for the
identified hazards
It can be mentioned that the way of controlling risks are ranked from the greatest
range of protection and reliability to the lowest and this ranking is often known as the
hierarchy of control measures (Holley et al., 2015). This can be mentioned that the hierarchy
of control measures can be implemented with respect to any sort of risks. The organization
must have to aim to eliminate the risk, which remains as the most effective control and the
organization must have to minimize the risk by working through the other alternative in the
hierarchy.
Figure 1: Risk assessment
(Source: Holley et al., 2015_
It has been identified that indicates that WHS Regulations must have to make it
mandatory for duty holders to work accordingly throughout the hierarchy when managing or

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addressing the risks. It can be added that the lower the range in the hierarchy are less
effective as the controls which change the hazards or reduce the exposure to the hazards can
also minimize. According to Stoll, McGill and Ritchie (2013), individuals or the employers
cannot reduce or eliminate the risks without eliminating hazards. In addition to this, control
measures in a hierarchy should be used to supplement higher range control measure and it
should be used as the short-term interim measure unless it becomes effective way of
controlling risk. In addition, the control measure should be used when there is no other
practical control measure available.
As put forward by Schofield, TReeve, and McCallum (2014) the most effective control
measure could involve the elimination of hazards and associated risks. According to this
author, elimination of hazards could be cheaper and it could be more practical to achieve at
the design or at the planning stage. Thus, there is a wider scope of designing out hazards or
incorporating risk control measure that are compatible with the original design as well as the
functional requirement.
Conducting a cost benefit analysis that certainly states the costs and
benefits associated with non-compliance, hazards and recommended
controls
Before applying cost and benefit analysis, it is highly important for to learn when and
where cost and benefit analysis fits in the context. It can be mentioned that cost and benefit
analysis helps to organization to identify the area that organization needs to invest to reduce
the risks and control hazards

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Describing the outcome of not improving the compliance and managing
workplace hazards
It has been identified that the influence of non-compliance to the Work Health and
Safety Act by employers might affect all individuals in the community. If an organization is
not complying with the safety guidelines developed to protect their workers. It has been
identified that there is the potential for individual to be appropriately injured for them to
receive no compensation for their injury. If an individual is injured, organization is not in
compliance with the safety guidelines compared to the employees might have to reach out for
public assistant in fulfilling their medical costs. Furthermore, it has been identified that the
influence of the non-compliance with Work Health & Safety laws is that the whole
community could have to go intense in their pockets deliver people who were injured. Akpan
(2011) mentioned that as the consequence of non-compliance, organizations might face the
legal costs to settle claims brought by injured individuals brought by injured workers. It has
been identified that when an organization is observed to be lacking in health and safety
standards, consumers and partners common public are given a factor to observe in a negative
way.

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References
Akpan, E. I. (2011). Effective safety and health management policy for improved
performance of organizations in Africa. International Journal of Business and
Management, 6(3), 159-165.
Bahn, S. (2013). Workplace hazard identification and management: The case of an
underground mining operation. Safety science, 57, 129-137.
Foster, N. J. (2012). You Can't Do that! Directors Insuring Against Criminal WHS
Penalties. Insurance Law Journal, 23(2012), 109-125.
Holley, S., Thornthwaite, L., O’Neill, S. and Markey, R., 2015. Reforming a complex
system: the case of NSW workers’ compensation and return to work. Labour &
Industry: a journal of the social and economic relations of work, 25(2), pp.85-99.
Markey, R., Holley, S. A. S. H. A., O’Neill, S. H. A. R. R. O. N., & Thornthwaite, L. O. U. I.
S. E. (2013). The impact on injured workers of changes to NSW workers’
compensation: June 2012 legislative amendments (No. 1). report.
Melluish, J., & Haslam, N. (2014). Boards face the rap for safety breaches. Company
Director, 30(4), 58.
Schofield, T., Reeve, B., & McCallum, R. (2014). Australian workplace health and safety
regulatory approaches to prosecution: Hegemonising compliance. Journal of
Industrial Relations, 56(5), 709-729.
Stoll, M., McGill, C. and Ritchie, J., 2013. Work Health and Safety. McGraw-Hill Education
Australia.

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Zhang, P., Lingard, H., Blismas, N., Wakefield, R., & Kleiner, B. (2014). Work-health and
safety-risk perceptions of construction-industry stakeholders using photograph-based
Q methodology. Journal of Construction Engineering and Management, 141(5),
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