Workplace Safety and Risk Management
Added on 2020-05-11
12 Pages2727 Words80 Views
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Running head: WORK HEALTH AND SAFETY (WHS)Work Health and Safety (WHS)Name of the StudentName of the UniversityAuthor Note
1WORK HEALTH AND SAFETY (WHS)Table of ContentsIssue 1..............................................................................................................................................2Issue 2..............................................................................................................................................3Issue 3..............................................................................................................................................5Issue 4..............................................................................................................................................6Issue 5..............................................................................................................................................8Issue 6..............................................................................................................................................9Reference List................................................................................................................................10
2WORK HEALTH AND SAFETY (WHS)Issue 1In the given case Barnett v Harris Scarfe Australia Pty Ltd [2007], the people who had afundamental role to play were the operator of the trolley and the management of the company.According to section 5 of the Work Health and Safety Act 2012 (SA) (WHS), a person whoconducts an undertaking or a business alone or with others shall be considered as a personconducting a business or an undertaking under this Act (Work and Health Safety Act (SA)2012). As per section 7 of the Act, the term ‘worker’ includes an employee, contractor orsubcontractor, a trainee, student gaining work experience or a volunteer (Xiang et al. 2014). Theperson who is responsible for conducting business or undertaking is also considered as a workerif such person carries out any work in the undertaking or business as an individual. As per section 18 of the Act, the employers and the employee or the operator in this case,had been imposed with the duties to ensure health and safety within the workplace. They areresponsible for ensuring such health and safety that was reasonable for them to exercise at anyparticular time (Chmiel et al. 2017). According to section 20 of the Act, persons who areresponsible for control or management of a Harris Scarfe Australia, are obligated to ensurehealth and safety of the workplace (Work and Health Safety Act (SA) 2012). It is theresponsibility of the persons and management to ensure that the means of exiting and enteringthe workplace or anything arising from the workplace must not result in risks with respect to thesafety and health of any person as far as it is practicable for them to do the same. The management is not only responsible for ensuring safety and health of the employees orthe workers of the organization but is also accountable for injuries that might result fromanything that arises from the workplace (Cooper and Quick 2017). According to section 28 of
3WORK HEALTH AND SAFETY (WHS)the Act, a worker is required to take reasonable care for his own safety and health care. Theoperator was also responsible for ensuring the health and safety of the other persons within theworkplace including the customers who were present within the workplace. The worker should ensure that his conduct or omission does not have any adverse impact onthe health and safety of other persons within the workplace by complying with the reasonablepolicy and procedures of the organization that is applicable for the workers. According tosection 29 of the Act, the other persons who are not conferred with any duty within theworkplace must also take reasonable care to ensure his or her own health and safety and prohibitfrom conducting in a way that may have an adverse impact upon the other persons (Shea et al.2016). Issue 2Essential elements of the WHS Management systemA system which deals with the various management activities such as organizationalstructure, responsibilities, planning activities, resources and processes that are used to developand implement, review and maintain the OHS [WHS] policy is known as the OHS WHSManagement System. The management system aims at improving the WHS performance byentailing practices, processes and activities that are in compliance with the law. The OHS management system is in compliance with the AS/NZS 4804 that providesperformance standards for the systems, supporting and principle techniques. The most essentialelements that must be present in the management system include the following:
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