Organizational Legal Requirements on Workplace Health and Safety

This report discusses the legal requirements for workplace health and safety compliance with WHS Acts, Regulations and Codes of Practice. It focuses on Otsuka pharmaceutical company Ltd and its success in meeting its legal requirements through efficient hazard identification, risk assessments, risk control, and training programs that have led to healthy and safe workplace environments for its employees and others.

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Organizational Legal Requirements on Workplace Health and safety: Compliance with WHS
Acts, Regulations, and Codes of Places
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Table of Contents
Executive Summary……………………………………………………………………….3
Introduction and Purpose of the Report…………………………………………………..4
Otsuka pharmaceutical company Ltd: Company Profile………………………………....4
Research Methodology………………………………………………………………..…..5
WHS Policies, Procedures, and Programs………………………………………………....5
Hazard identification…………………...……………………………………………….…6
Risk assessment……………………………………………………………………………6
Risk control………………………………………………………………………..............7
WHS Consultation……………………………………………………………………..….7
Specific WHS Hazards and Their Associated Risks………………………………………7
WHS training………………………………………………………………………………8
Role of the PCBU………………………………………………………………………….8
Recommendations…………………………………………………………………………9
Conclusion………………………………………………………………………..……....10
Bibliography………………………………………………………………………...……11

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Executive Summary
Healthy and safe workplaces are undeniably more enjoyable to work in than those work
environments with grey health and safety hazards and risks. This is because health hazards and
risks are inherent to workplaces and indeed pose great health and safety risks to both employees
and other people. To this end, organizations are obligated to develop effective workplace
policies, regulations, strategies, and programs to effect the promise of health and safety to
organizational stakeholders. The Australian Safe Work Australia (SWA) has been obligated to
come up with model Work Health Safety (WHS) legislative framework and other materials on
the same meant to help organizations develop their own internal workplace health and safety
regulations. Amongst some of its success has been the development of The Work Health and
Safety Act 2011 and the Work Health and Safety Regulation 2011 which have been adopted by
all the Australian state, territory and federal governments to cater for the needs of healthy and
safe workplaces. This paper reports on the success of Otsuka; global pharmaceutical company
Ltd with interest in Australia in meeting its legal requirements in complying with WHS Acts,
regulations and codes of practice. This is through its efficient hazard identification, risk
assessments, risk control, and training programs that have led to healthy and safe workplace
environments for its employees and others.

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Organizational Legal Requirements on Workplace safety: Compliance with WHS Acts,
Regulations and Codes of Practice
Introduction and Purpose of the Report
In Australia, the Safe Work Australia (SWA) is obligated to come up with model Work
Health Safety (WHS) legislative framework and other materials on the same meant to help
organizations develop their own internal workplace health and safety regulations and codes of
practice. The Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011
have been instrumental to this end by requiring organizations’ duty holders to eliminate or
minimize workplace health and safety risks through consultation and cooperating with
employees [Australian Government 2018ab]. Drawing on this yardstick, this paper is a report to
the management of Otsuka pharmaceutical company on its legal requirements to comply with
WHS Acts, regulations and codes of practice for purposes of advancing safety workplaces for its
employees and others.
Otsuka pharmaceutical company Ltd: Company Profile
Otsuka pharmaceutical company Ltd is a conglomerate pharmaceutical company
established in 1964 by Busaburo Otsuka and is involved in the manufacture and supply of
healthcare products. The company is headquartered in Tokyo, Naruto and Osaka, Japan but has a
worldwide interest with major operations in Australia, Europe, American, and Asia. As of 2017,
Otsuka boasted of having 5634 employees. [Otsuka Pharmaceutical Co., Ltd, 2018]. The
company is headed by a board of directors and regional presidents with many managers who are
mandated to manage its many products and business interests. The employees typically oversee
the daily operations of the company in various departments.

Organizational Legal Requirements on Workplace Health and Safety 5
Being a company that deals with potentially hazardous chemicals, in the Australian
region, the company submits to the Work Health and Safety Act 2011 and the Work Health and
Safety Regulation 2011. Otsuka’s pharmaceutical business posits grey health and safety risks to
its employees as well as those who occasionally come into contact with its operations. Health
and safety risks inherent include health hazards such as exposure to chemicals through skin
contact, ingestion, and inhalation. Moreover, physical hazards posed by pharmaceutical products
include corrosion, explosions, fire, and oxidation causing damage and injury to both people and
property (Strauch, 2011).
Research Methodology
Secondary sources contacted included Australian Capital Territory’s (ACT) Work Health
and Safety Act 2011 and the Work Health and Safety Regulation 2011 and the Code of Practice
developed by SWA. Moreover, to substantiate Otsuka’s current compliance to WHS Acts,
regulations and codes of practice, a primary survey was done by interviewing a sample of
Otsuka’s staff on the same.
WHS Policies, Procedures, and Programs
Otsuka is obligated to comply with the Australian WHS policies, procedures, and
programs of handling hazardous chemicals as enshrined in the Work Health and Safety Act 2011.
The Work Health and Safety Regulation 2011 and in particular WHS Regulations Part 7.1
Hazardous Chemicals help the organizations to detail out legal requirement with the view of
meeting the duties set out in the Work Health and Safety Act 2011. Otsuka also refers to Code of
Practices such as; Preparation of safety data sheets (SDS) for hazardous chemicals; and
Labeling of workplace hazardous chemicals developed by SWA [Safe Work Australia, 2012].

Organizational Legal Requirements on Workplace Health and Safety 6
Moreover, Otstuka occasionally trains its employees on workplace health and safety on concerns
such as fire emergency response and hazard and incident reporting.
Hazard identification
Otsuka uses safety data sheets to record all the chemicals it either imports or
manufactures and classifies and documents their hazardous nature and communicates the same to
all employees before they can be handled at the workplace. Bahn 2013 asserts that appropriate
labeling, hazards words, statements, and pictograms are important in identifying the containers
or pipes having hazardous substances. Otsuka identifies hazards by carefully observing labels of
chemicals regularly, constantly making walkabouts to identify if there any leeks on pipes
carrying hazardous chemicals, conducting regular consultation with concerned stakeholders
especially the work teams to establish sources of risks. Kuempel, Geraci, and Schulte, (2012)
observe that such a process is effective since besides being exhaustive, it brings to light all
possible hazards to the limelight of employees.
Risk assessment
Otsuka determines and prioritizes the riskiness of hazardous chemicals through a risk
matrix as well as by examining the nature of the hazardous substance. Highly flammable,
corrosive, and highly poisonous substances are deemed highly likely to pose risks and
catastrophic in consequences while carcinogenic and irritant substances are viewed as less likely
to occur besides having fewer consequences in case of occurrence. During training and risks
assessment, work teams are usually consulted to give views on the same. Outcomes are
documented in a risk assessment form for action plans. Otsuka’s risk assessment process is
adequate since all stakeholders’ inputs are sort and effectively considered for action plans
through structural risks assessments.

Organizational Legal Requirements on Workplace Health and Safety 7
Risk control
Otsuka has instituted a vibrant risk control plan for its employees with the hierarchy
system by and large being used to contain various risks. Eliminating hazards from the workplace
is sort whenever an exposure to hazardous chemicals occurs before other risk control processes
can be engaged. Moreover, administrative controls are effected where necessary to bar staff from
adverse contact to chemicals during their cause of duty. Personal protective equipments are used
to minimize employee’s risks to employees directly. These processes are effective since very few
incidences of workplace hazards are reported. Otsuka occasionally gives out its report on risk
assessment and control to sensitize its employees on the actions taken on the same. Covello and
Merkhoher, (2013) assert that this is critical in following the control processes of the same.
WHS Consultation
According to ACT Part 5, Division 5.1 and 5.2 WHS Act 2011 duty-holders are obligated
to consult with other duty-holders as well as with workers respectively on matters concerning
their overall health and safety concerns while at their places of work [Australian Government
2018]. Otsuka has endeavored to comply with this requirement since it occasionally summons all
its employees to a brainstorming session in which the management and the employees engage in
a consultation dialogues on how best health and safety issues ought to be observed. Moreover,
according to ACT Part 5 Division 5.3 and 5.4 WHS Act, 2011 workers are given an option to be
represented in health and safety work groups and health and safety committees with regard to
their health and safety concerns [Australian Government 2018a]. With Otsuka’s enormous
workforce, these arrangements are instrumental for the same especially in instances when some
employees are unavailable.
Specific WHS Hazards and Their Associated Risks

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Otsuka’s specific workplace hazards that need management include flammable materials
that pose the risk of fire; corrosive materials that pose the risk of skin burn and ache;
carcinogenic and radioactive materials that pose the risk of cancer and irritation; poisonous and
infections materials that pose the risk of suffocation; reactive and oxidizing materials that pose
the risk of oxidation. Otsuka has greatly managed these risks through efficient risk identification,
assessment, and control.
WHS training
Otsuka has engaged employees on several trainings on their health and safety. These
include; sensitization of observing the WHS rules, regulations and codes of practice; Ways of
identifying health and safety risks and how to assess and control them; personal health and safety
and Emergency preparedness among others. Virtually, Otsuka makes enough efforts to make
sure all these safety trainings are observed and adequately addressed through regular follow-ups.
Schulte, Pandalai, Wulsin, and Chun, (2012) observe that training have help employees to be
more aware of themselves as they carry out their day to day activities. This has greatly helped to
minimize instances of both accidents and injuries at Otsuka pharmaceuticals
Role of the PCBU
According to the ACT Part 2Division 2.2 WHS Act 2011, a person conducting a business
or undertaking’s (PCBU) primary role is to ensure the health and safety of all employees and
other people that have the potential of being influenced by their business[Australian Government
2018a]. The company’s supervisors and team leaders effect this by ensuring appropriate training
have been given to employees and ensuring protective gear have been availed to employees.
ACT Part 2Division 2.4 WHS Act 2011 confers upon workers to take reasonable care of their
own health and safety while at the workplace [Australian Government 2018a]. Moreover,

Organizational Legal Requirements on Workplace Health and Safety 9
Christian, Bradley, Wallace, and Burke, (2009) assert that employees have a responsibility to
take care of themselves in course of their duty while at work.
Otsuka's workplace policies, procedures and programs, and organizational culture have played
major role in facilitating its success in delivering a healthy and safe workplace. Supervisors/
team leaders’ work is by and large made simply since they are just required to enforce them
diligently to produce positive outcomes. Being a multinational, Otsuka has an elaborate
organizational culture that incorporates many workplace policies including workplace health and
safety policies. Sousa, Almeida, and Dias, (2014) observe that supervisors and team leaders can
use this as a yardstick to benchmark upon in implementing the organization’s health and safety
responsibilities. Moreover, well trained supervisors and team leaders positively impact the skills
and knowledge in their position to the rest of the employees who in turn assist to forge an overall
healthy and safe organization (Goetzel et al. 2014).
Recommendations
Area Recommendation Position
1 Hazard identification; Risk
assessment; Risk control
There be special committees whose principle
task is to identify, assess and control current
and eminent hazards and risks for the entire
organization as opposed to each department
having its own.
Australian director of
workplace health and
safety
2 WHS training and
consultation
These should be done every quarterly to act
as a constant reminder to employee of their
responsibility to observe their own health
and safety while at work
Supervisor in charge of
WHS training
3 Role of the PCBU These stakeholders should be subjected to Supervisor in charge of

Organizational Legal Requirements on Workplace Health and Safety 10
further training to be more effective when
they are training fellow employees on the
same
WHS training
Conclusion
Health hazards and risks are inherent to workplaces and indeed pose great health and
safety risks to both employees and other people. As such, organizations are obligated to develop
effective organizational policies, regulations, strategies, and programs depending on the type of
business they are involved in. In Australia, the Safe Work Australia (SWA) has been obligated to
come up with model Work Health Safety (WHS) legislative framework and other materials on
the same meant to help organizations develop their own internal workplace health and safety
regulations. The Work Health and Safety Act 2011 and the Work Health and Safety Regulation
2011 have been instrumental in helping to forge efficient hazard identification, risk assessments,
risk control, and trainings programs for companies such Otsuka and in doing so assisting them
lead healthy and safe workplace environments for their employees and others [Australian
Government 2018ab]. PCBU are obligated to advance and promote such environments by
reference to these WHS Acts, regulations and codes of practice.
Bibliography

Organizational Legal Requirements on Workplace Health and Safety 11
Australian Government 2018a. Federal Register of Legislation. Work Health and Safety Act
2011 [Accessed from] https://www.legislation.gov.au/Details/C2018C00293. Retrieved
9/22/2018
Australian Government 2018b. Federal Register of Legislation. Work Health and Safety
Regulations 2011 [Accessed from] https://www.legislation.gov.au/Details/F2011L02664
Retrieved 9/22/2018
Bahn, S., 2013. Workplace hazard identification and management: The case of an underground
mining operation. Safety science, 57, pp.129-137.
Goetzel, R. Z., Henke, R. M., Tabrizi, M., Pelletier, K. R., Loeppke, R., Ballard, D. W., ... &
Serxner, S. (2014). Do workplace health promotion (wellness) programs work?. Journal of
Occupational and Environmental Medicine, 56(9), 927-934.
Otsuka Pharmaceutical Co., Ltd 2018. Compliance & Risk Management
[Accessed from] http://www.otsuka.co.jp/en/company/compliance/ Retrieved 9/22/2018
Covello, V. T., & Merkhoher, M. W. (2013). Risk assessment methods: approaches for assessing
health and environmental risks. Springer Science & Business Media.
Christian, M.S., Bradley, J.C., Wallace, J.C. and Burke, M.J., 2009. Workplace safety: a meta-
analysis of the roles of person and situation factors. Journal of Applied Psychology, 94(5),
p.1103.
Kuempel, E.D., Geraci, C.L., and Schulte, P.A., 2012. Risk assessment and risk management of
nanomaterials in the workplace: translating research to practice. Annals of occupational hygiene,
56(5), pp.491-505.
Strauch, K. A. (2011). Invisible pollution: the impact of pharmaceuticals in the water supply.
Aaohn Journal, 59(12), 525-533.

Organizational Legal Requirements on Workplace Health and Safety 12
Sousa, V., Almeida, N.M. and Dias, L.A., 2014. Risk-based management of occupational safety
and health in the healthcare industry–Part 1: Background knowledge. Safety science, 66, pp.75-
86.
Schulte, P.A., Pandalai, S., Wulsin, V. and Chun, H., 2012. Interaction of occupational and
personal risk factors in workforce health and safety. American journal of public health, 102(3),
pp.434-448.
Safe Work Australia, 2012. Managing Risks of Hazardous Chemicals in the Workplace; Code of
Practice [Accessed from]
https://www.safeworkaustralia.gov.au/system/files/documents/1702/managing_risks_of_hazardo
us_chemicals2.pdf Retrieved 9/22/2018