Fitness Centre Health and Safety Audit
Added on 2020-05-11
11 Pages2467 Words61 Views
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Running head: WHS POLICIESWHS PoliciesName of the StudentName of the UniversityAuthor Note
1WHS POLICIESTable of ContentsTask 1...............................................................................................................................................2Task 2...............................................................................................................................................3Task 3...............................................................................................................................................5Task 4...............................................................................................................................................6Task 5...............................................................................................................................................8Task 6...............................................................................................................................................8Reference List..................................................................................................................................9
2WHS POLICIESTask 1In an organization, the primary duty of care lies upon the persons who carry the businessundertakings or the PCBUs. The PCBUs are conferred with the responsibility to ensure that theemployees of the organization are acting in compliance with the workplace safety and healthpolicies and procedures of the organization (Gray et al., 2014). The workplace Health and Safetypolicies in Australia imposes certain duties on the persons who exercises control over theworkplace such as persons who are responsible for operating fittings, fixtures or plant. Lawfurther imposes duties on the directors, officers, workers and the other staffs within theorganization. In the Bounce fitness organization, according to section 19 of the Occupational andSafety Health Act 1984, the duty of the PCBUs to exercise duty of care is not only restricted tothe employees but also to all other persons who may become subject to risks resulting from theconduct or omission of the PCBUs. The primary duty includes duties with respect to the actualphysical workplace ensuring safe workplace condition and safety of fixtures, fittings, plants andmachines used within the workplace (Sekendiz et al., 2014). Although a gym operator hasseveral providers such as personal trainers, still the gym operator is often considered as a PCBUwith respect to health and safety of the personal trainers and the clients of the independentcontractors. The employer must ensure that the employee, staffs and other staffs of theorganization are not exposed to hazards and he must take every reasonable measures to reduce oreliminate the hazards identified within the workplace that may result in injuries.The gym operator owed a duty of care towards the workers, which includes theemployees, contractors, volunteers, and the workers of the contractors. According to Division 2
3WHS POLICIESclause 1.4 of the Occupational and Safety Health Regulations 1996, the employers of aworkplace is responsible for matters over which he is entitled to exercise control and for theworks done by the employer and his employees within the workplace. The duty of care of theemployer is also restricted to employee and other persons who shall be affected for any conductor omission on part of the employer and his employees. Section 20 of the Act requires theemployees to take reasonable care to for ensuring his or her own safety and health at work andavert any conduct or omission that might cause injury to the other person within the workplace(De Lyon, Neville & Armour, 2017). The employees committing breach of the duty shall be liable for gross negligence andshall be imposed fine of $2500 for first offence and $31250 for second offense under section20A of the Act. The breach of employer’s duty shall entitle the employer to be liable for Level 4penalty. According to Division 2 clause 5.3 of the Regulation, it is imperative to determinehazardous substances within the workplace to prevent any injuries resulting from suchsubstances. Task 2One of the primary duties of an employer is to promote consultation and co-operationbetween the employees and the employers. The employers are required to co-operate and consultwith health and safety representatives with respect to health and safety matters. Consultationprocess is essential for maintaining and providing a health and safety workplace within theorganization (Gray et al., 2015). The participation of the employees is essential in the consultation process as theemployees are aware of the risks that are associated with the workplace of the organization. The
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