Occupational Health and Safety at Willow Engineering

The assignment focuses on the occupational health and safety regulations that Willow Engineering must comply with. It emphasizes the importance of providing appropriate training to employees, managing asbestos removal, and ensuring employee safety through proper equipment and measures.

The Business and
Legal Environment

Table of Contents
INTRODUCTION...........................................................................................................................4
CASE STUDY ONE........................................................................................................................4
Briefly provide advice to Leon, whether he can take legal action against the shopping Centre
for tort of negligence, and what sort of damages he would be entitled to?.................................4
Briefly provide advice if there is any applicable defense available for the shopping Centre
after being sued by Leon..............................................................................................................5
CASE STUDY TWO.......................................................................................................................5
Briefly explain whether Adam can be classified as an employee of Imperial Pty Ltd?..............6
Briefly explain the main factors that courts are likely to take into account in determining
whether a worker is an employee or independent contractor?....................................................6
CASE STUDY THREE...................................................................................................................7
Briefly explain the regulations that Willow engineering should follow to comply in Victoria? 7
Advice “Willow Engineering” on how they can stop this infection from happening in the
future and avoid potential hazards in their business operations?................................................8
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Business and legal environment is defined as the attitude of government towards the
sector of business operation. Government is the supreme body which commences any of the rule
and regulation towards any of the business organisation. It is said that legal environment is any
of the country is has the dominant position on any of the decision of association. It is necessary
that any of the organisation must have knowledge about legal environment else there is high
possibility that legal action can be taken against that particular company. In context of the
project, three different case studies have been given which is required to be solved with the help
of low of torts, negligence, employment law, work place health and safety.
CASE STUDY ONE
Leon went for shopping in Eldorado Shopping Centre and he was walking inside the Shopping
Centre. The day was fully of rainy day and even it was a wet morning too. He slipped on the
granite polished floor in the foyer of the Shopping Centre and suffered from serious injury.
Briefly provide advice to Leon, whether he can take legal action against the shopping Centre for
tort of negligence, and what sort of damages he would be entitled to?
Tort of Negligence: It is defined as the legal wrong where one person is required to
suffer from various kind of issues because of the mistake which have done by any other person.
In this people need to suffer from various losses due to another have to suffer from losses. Here,
none of the contract exist and because of that the party which have suffered from loss have to no
option to sue another party (Tan, 2018). For example: A driver who drives the vehicle have the
responsibility to take proper care and drive the vehicle in appropriate manner in which he/she
must try to avoid injuries. If it happens then it is the tort of negligence. Here, opposition might
have to suffer from serious injury too.
In the above case, it has been found that Leon was the one due to whom he himself
suffered from injury. The reason behind his injury was his carelessness and lack of proper care.
Although, there is the law that owner of the property is required to compensate the person who
have suffered from any kind of injury. But, it is important that that particular place must be risk
to make owner personally liable. In case of Leon, it has been found that the day full of rain and

that is the main reason that he slipped in shopping mall. So, he is not in capacity to sue the owner
of that particular shopping center.
As there was no fault of shopping center so in this case it can be said that Leon will not
be entitled for any kind of damages as he was required to be careful as foyer was the section
where rainy water might come.
Briefly provide advice if there is any applicable defense available for the shopping Centre after
being sued by Leon.
Work Place Health and Safety: In this, it has been clearly mentioned that each and
every person is required to take care of themselves. None of the person is allowed to file the case
against any person if any of the miss-happening takes place just because of the natural reason
and in this situation person is not entitled to file the case against any of the person or property
where injury had taken the place (Orchard, 2016).
From the above paragraph, it can be clearly understood that each and every person is
required to understood the situation and after understanding that they need to act. It is important
that any of the action must be taken for good faith and in this case Leon had not tried to
understand the situation in detail and that’s why he had filed the case. But, he will not be entitled
to claim any kind of compensate as there was no default of shopping center.
CASE STUDY TWO
For the last 12 Months, Adam was working for “Imperial Pty Ltd” as an independent
contractor. His contract had expired just last week but, he had not renewed his contract
agreement with company and still working the same capacity. Regardless of the fact, he bought
and maintained his own Trucks, Utility vans and even he had to work set hours. Also, drive a set
route and must wear the business’s uniform with the logo of company. He had to accept the work
which is being delegated to him and also he must deliver construction material as per the
guidelines of organization. He was under strict supervision and was receiving direct orders
every day. One day when he was delivering the construction material he just got himself injured.

Briefly explain whether Adam can be classified as an employee of Imperial Pty Ltd?
Employment Law: It is defined as the law in which rights and responsibility are given to
the person who work within the premises of organization. In this law, evert single guidelines are
written that who falls under the category of employment law and how employee is required to
work for any of the organization (Morrison, 2019). The most important thing in employment law
is that it tells about term and condition of employment law and how much money is required to
be paid to workers. Even it is helpful in maintaining the relationship between employer and
employee’s. Some of the important points that are covered within employment law is minimal
wages rate, family and medical leave, safe working environment, there should not be any kind of
discrimination among the employee’s.
In the above case, it has been found that Adam had contract with the company regarding
the working condition within the premises of company and how they are required to work in
future. There was the agreement between both company and Adam that he will work for
company in capacity of contractor which shows that he was not the employee of Imperial Pvt.
Ltd. But, in above case it has been found that company have given him each and every
responsibility that an employee required to do. Even Adam was required to wear the uniform of
organization and work as per the term and condition of organization which shows that company
have kept him as the employee. This shows that Adam must be counted as one of the employee
of Imperial Pvt. Ltd, although he was working in the capacity of contractor.
Briefly explain the main factors that courts are likely to take into account in determining whether
a worker is an employee or independent contractor?
It is necessary for any of the person to know about the law in which it is written that who
will be counted as contractor and who will fall under the category of employee. There are several
factor which court considers that person is employee or independent contractor:
Factors for employee:
 They are the one who are covered by number of federal and state employment law.
 They are the one who are being paid either hourly basis or monthly basis.
 There are some of the rules and regulation that are required to be followed mandatorily
and if they do not follow them then there is high possibility that legal action can be taken
against them.

 Court check the terms and condition which have been done between both the party.
 The wages rate is not changed easily as either appraisal is required else there is the
requirement of change in rule and regulation of state and federal government.
 In this there is the relation of principle and agent as ultimate liability is always of
employer and they need to take the responsibility of any default which is done by the
employee.
Factor that is considered by court for independent contractor
 They should not be covered under employment law or labour law.
 Court checks that for how long contract has been form and what are responsibilities that
must be fulfilled in it and how they need to be completed (Rose and Busby, 2017).
 The amount of money is being paid as per the term and condition of agreement.
 They are the one who is required to accomplish the given work on specific time period.
This are some of the important factors that any of the court is required to consider to find that
whether person falls under the category of employment law or independent contractor.
CASE STUDY THREE
Bret has developed serious lung infection, that appears to have been caused by the fine particles
of plastic that escape from the cutting machine he operates at “Willow Engineering”. Bret’s boss
doesn’t believe him and refuses to advise the workers compensation insurer or the relevant
regulatory body. He warns Bret that, if he speaks out about his infection, he will be dismissed.
Briefly explain the regulations that Willow engineering should follow to comply in Victoria?
Occupational Health and Safety: It is defined as the rules and regulation which is
required to be followed by any of the organization in which it is said that it is the responsibility
of company and its employer to give proper safety equipment to its employee’s as they are the
reason behind the success of organization (Tunca, 2016). The most important thing in occupation
health and safety is that how what should be the attitude of organization towards its employee’s.
Here, Willow Engineering is required to follow occupational health and safety act 2007.
In this company is required to give appropriate training to its employee’s that how work is
required to be done and how hazardous machines need to be operated. There are various other

rules and regulation that need to be comply in it and the first one is that license’s must be
obtained by the organization for conducting any of the specific activity. Whenever high risk is
involved special training sessions should be conducted which is helpful for the employee’s
(Occupational Health and Safety Act and Regulations, 2019).
Advice “Willow Engineering” on how they can stop this infection from happening in the future
and avoid potential hazards in their business operations?
It is one of the serious problem which is being faced by the Willow Engineering because
it is one of those rear problem that can create various kind of issues for the company. It is
important for them to find the best possible solution through which they can stop this types of
infection from happening in future. Also, there is high chances that it can reduce the goodwill of
organization and that is one of the bad sign for company. Some of the way through which
Willow Engineering can stop this infection in future are listed below:
 They should try to make the habit where team of expertise member will check the
machineries on every short period of time.
 They must try to provide proper training session to each and every employee’s so that
they can perform easily and safely in the same environment.
 Even organisation is required to manage and remove asbestos.
 Provide safety equipment such as mask and all other relevant safety measure through
which similar form of result will not occur again (Sirrs, 2016).
This are some of the ways that can be used by Willow Engineering through which they can
provide better working condition to their employee’s.

CONCLUSION
From the above file, it can be understood that every organization must comply the legal
term that can help them to achieve the target on specific time period. Tort of negligence tells that
although person enters into the contract but still suffer from different kind of losses just because
of the mistake of other people. Employment law is one of the most important areas which tells
that how company is required to work and what are the facilities that they are required to provide
to their employee’s. It is necessary for any of the organization that they must provide the health
and safety to their employee’s for achieving better result in future.

REFERENCES
Books & Journals
Tan, B., 2018. An Unwanted Child: Awards for Damages in the Tort of Negligence. Sing. Comp.
L. Rev., p.97.
Orchard, M., 2016. Liability in negligence of the mentally ill: A comment on Dunnage v
Randall. Common Law World Review, 45(4), pp.366-374.
Morrison, K., 2019. HR Theory and Employment Law. In Management for Scientists (pp. 129-
145). Emerald Publishing Limited.
Rose, E. and Busby, N., 2017. Power Relations in Employment Disputes. Journal of Law and
Society, 44(4), pp.674-701.
Tunca, M.E., 2016. The State Subsidy In Occupational Health And Safety Services In
Turkey. European Scientific Journal, ESJ, 12(10).
Sirrs, C., 2016. Risk, Responsibility and Robens: The Transformation of the British System of
Occupational Health and Safety Regulation, 1961–74. In Governing Risks in Modern
Britain (pp. 249-276). Palgrave Macmillan, London.
Online
Occupational Health and Safety Act and Regulations. 2019. [Online] Available Through:
<https://www.worksafe.vic.gov.au/occupational-health-and-safety-act-and-regulations >