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LAWS5029 Work Health And Safety Legislation

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LAWS5029 Work Health And Safety Legislation Question: Please follow the Victorian legislation. you have to choose the Workplace A (Construction Company) You can use the Rhodes College Policies and Procedure Manual i will send u a copy of the college policies and procedures manual and i will send attachment of what documentation need to be submitted as well. Answer: WHS act applicable for building block Pvt limited The following acts are applicable for construction organizations like Building block Pvt Limited Civil and Administrative Tribunal act 2008 Architect act 2004 Architect regulation at 2004 Boilers an special vessel regulation ACT 1952 Building (general) Regulation 2008 Building and construction industry (Security and payment)2009 Construction and Occupation act 2004 Construction Occupational regulation 2004 Dangerous goods 2009 Dangerous substances regulation 2010 Discrimination act 1991 Electrical safety act 1971 Who is the regulator A regulator is referred to a public authority or government agency which is responsible for exercising autonomous authority over some area of human activity within a supervisory or a regulatory capacity. The chief purpose of a regulator is to implement as well as enforce laws enacted by legislatures.  The regulator of the above mentioned company can be considered as unique government entities since they are empowered with legislative, executive as well as judicial functions. Importance of reporting notifiable events to the regulator It is required to report notifiable element to the regulators that the issue can be handled by the same in an emergency basis and the risk of major mishappening can be prevented. The regulator after obtaining the report attends the injured worker and provides first aid to the same. The first aider determines if the injury obtained by the worker’s is severe enough to require external medical attention. Secondly, the worksite is secured in order to prevent further accident. Powers that the regulator must have in order to access information As being discussed earlier, a regulator as been empowered with empowered with legislative, executive as well as judicial functions so that he can assess a situation associated with workplace safety completely an act keeping accordance to greater good. The chief power of the regulator includes power to conduct audit, power to enforce the deed and power to implement regulation on an emergency basis. Duty holders in the company and legislative requirement for providing information and WHS information required to comply their duties The chief duty holders of the Building Brick company includes Contractors Project supervisors Designers Labors And the legislative requirements that needs to be provided to the stake holders includes Registered Business Name State and Local Taxes Federal Taxes Business Permits and Licenses Business Laws and Regulations Review of the WHS/OHS Act and regulation for the compilation of the checklist with the    types of records according to the legislation Work health and safety laws are generally based on the legislations of the national models that target towards the protection of the people’s health and safety at the workplace. In the above case study or the case scenario, types of records like the codes of practices, guidance in case of critical accidents and the records of the fatal accidents resulting into serious injuries and deaths must be ensured and kept in record according the regulatory measures. List of the people who are the users of the WHSIS Work health and safety information system aims to support the health and safety of the workplace. In the case scenario of the Building Blocks Pty Ltd, the WHSIS is applicable to the individuals who provide end to end contribution to the management of the WHSIS. These include the managers, supervisors, health and safety inspector and the employees or the staffs of the services. Factors supporting the people towards their access and usage of the required information. In the above case study of the construction company which deals with the renovation module of the primary and the secondary schools in the country, the implications of the WHSIS is a big question. To deal with this scenario health and safety inspector visited the unit and had proper access to the hardware usage in the unit, the cultural background of the employees in the workplace, the skills and the trainings received by the staffs for the usage of the dangerous equipments in the construction industry for the analysis of the health and safety norms. Together with these, access to the software for the data on last accidents and the data format are some of the main tools to determine the workplace culture of the construction firm. Explanation on how WHSIS users should be consulted The users of WHSIS should be consulted to achieve effective health and safety policy at the construction unit. They should be consulted before the implication of the policy at the workplace and the measures to follow and undertake to avoid fatal accidents and staff injuries. Checklist for the determination of the requirement of the users of WHSIS The WHSIS users require updated data base that will include relevant data n the past accidental records of the construction company, together with the proper co-operation with the construction company workers to know and learn about their experiences and issues working in the construction unit and the hazards they face in their daily schedule while dealing with the dangerous construction equipments. Workplace factors affecting the development and the design of the WHSIS The poor unhygienic workplace environment, the director approach towards the maximization of the profit of the company with minimum workplace safety and expenditure over the employees.  Furthermore lack of proper sanitation place, proper on job trainings of the employees for the safety usage of the construction equipments and the lack of awareness of the staffs towards the workplace health and safety policies contributes to the factors affecting development. Describe the process of identification of deficiencies in WHSIS The major identification procedure of the deficiencies of WHSIS in the construction unit is the number of the fatal accidents in the unit in the past few years, death due to dangerous equipments at workplace, degrading health of the staff members and the lack of health and safety norms in the company together with the lack of any medical benefits for the employees. Recommendations for the optimization of the usability and the accessibility of WHSIS Some of the basic recommendations for the usability and the accessibility of WHSIS in the construction company include the propagation of the health and the safety policy according the state legislations, development of safety culture at the workplace, recruitment of the WHS/OHS officer for the assistance and introduction of the medical benefits and the insurances for the workers in the company. Support needed for each role to use WHSIS The chief users of WHIS includes Health and safety inspector, Director of the company, Supervisors and employees. The role of the health and safety inspector will be to inspect the efficiency of the WHS policy in the organization and identify the loopholes if any. The role of the directors and supervisors of the building brick company is to eradicate the loopholes identified by the inspector. Finally the chief role of the employees is to abide by all the instructions provided in the context of WHS. Coaching provided to an employee who cannot read or write English The chief support that can be provided to the employee is to translate the necessary information that he is unable to access. For this an employee will be recruited who will translate the massage to him. Along with that, he will provided with a English learning session as a part of his on job training so that he can cope with the issue and develop the ability to read the WHS information by himself without the help of a translator Agenda for OHS committee to discuss, monitor, evaluate and improve the WHSIS. In order to improve the OHS policy, the followings are agenda that needs to be followed: Creating a plan to promote workplace health and safety Inspecting the workplace to find out loopholes in the current OHS policy Conducting a meeting with the employees in order to understand their issues associated with the OHS policy. Provide effective training to the employees in order to ensure they are abiding by all the rule s and regulations associated with OHS policy All the accidents that had happened earlier will be assed in order to understand the issues associated with them. Informal methods for gaining feedback on the WHSIS In order to gain feedback for WHSIS, a coffee session with the employees can be conducted. The nature of informal feedback can be accentuated as taking place in everyday interactions, as an unplanned or spontaneous event, or ‘in the moment’ feedback. Data Collection in the workplace In case of the above scenario of the construction company, the WHSIS users will collect the data from the software including past years record regarding the number of fatal accidents, questions and effective communication with the workers and the staffs in the construction unit, personal talk with the staff of the company who has been previously injured or had been the victim of unhealthy working environment. These records must be kept for demonstrating the legal compliances and he conformity level with the legislative needs in the aim of preserving workplace health and safety norms according to the WHSIS records and implementation. Development of the privacy statement in the company Ethical consideration is one of the major factors while collection of the data while conducting any research or query on the workplace environment. Hence proper development of the statements of the privacy that addresses the clauses of privacy, confidentiality, commercial in confidence in the field of health and safety are the necessary elements for the storage of the data ethically. Incident involving accident at workplace In the above case study, the incident involving the staff of the construction company being splashed by the hydrochloric acid in his eyes is a sheer example of the violation of the workplace health and safety laws and regulations. Hath and safety of each and every employee is important and thus actions should be taken in case of violation. While documentation of the legal files in the court case of the above scenario, the construction company will be required to demonstrate and display the evidences in support of the company like the necessity of the working condition with the hydrochloric acid, the lack of personal safety measures of the staff and the innocence of the company measures and the construction equipments in the scenario. Issues and recommendations for the improvement in the workplace With the increasing rate of the injury at the workplace in the construction company, the OHS Manager noted that the absentee rate of the employees of the construction unit has been increasing. This has been comparatively higher in case of the employees working in the bricklayers. In this scenario, information on the reason behind the absentee rates, the issue faced by the staffs working in the hazardous environment and the degrading health status of the employees are some of the important thing to be reviewed. In this case, some of the recommendations includes implementation of the workplace health and safety norms, looking for the employee issues and properly addressing their issues and introduction of the insurance and medical benefits for the injured employees. 22/ 23. Monthly medical treatment cases in 2016 of Building Blocks Pty Ltd and Houses r US Pty Ltd Building Blocks Pty Ltd – Employee 23 workers Houses r Us Pty Ltd – Employees 50 workers Each worker in both organizations works 2000 each year   J F M A M J J A S O N D Building Blocks Pty Ltd 2 1 2 0 2 1 2 0 1 3 2 3 Houses r US Pty Ltd 2 3 5 1 3 1 2 6 4 5 4 6 The ascending representation of the series Building Blocks Pty Ltd 0 0 1 1 1 2 2 2 2 2 3 3 Houses r US Pty Ltd 1 1 2 2 3 3 4 4 5 5 6 6 19 12  Mean for Building Blocks Pty Ltd =   = 1.58 Median of the Building Blocks Pty Ltd = (2+2)/2= 2 Mode of the Building Blocks Pty Ltd = (3*2)-(2*1.58) = 0.834 Annual medical treatment frequency of Building Blocks Pty Ltd = (0.834*12)/23=  0.435 Mean for Houses r US Pty Ltd (42/12) = 3.5 Median of the Houses r US Pty Ltd = (3+4)/2= 3.5 Mode of the Houses r US Pty Ltd = (3*3.5)-(2*3.5) = 3.5 Annual medical treatment frequency of Houses r US Pty Ltd = (3.5*12)/50= 0.84 Annual medical treatment frequency of Houses r US Pty Ltd is higher than Building Blocks Pty Ltd Monthly medical treatment cases in 2016 of HiRise Pty Ltd 30 people in branch 1 10 people in branch 2 Each worker in both branches works 2000 hours each year   J F M A M J J A S O N D Branch 1 0 2 3 0 2 2 3 4 1 1 3 2 Branch 2 0 1 0 0 1 1 2 2 1 1 2 1 The ascending representation of the series Branch 1 0 0 1 1 2 2 2 2 3 3 3 4 Branch 2 0 0 0 1 1 1 1 1 1 2 2 2   Mean for Branch 1 =(23/12) = 1.91 Median of Branch 1 = (2+2)/2= 2 Mode of Branch 1 = (3*2)-(2*1.91) = 2.18 Annual medical treatment frequency of Branch 1= (2.18*12)/30= 0.872 Mean for Branch 2 (12/12) = 1 Median of Branch 2 = (1+1)/2= 1 Mode of Branch 2 = (3*1)-(2*1) = 1 Annual medical treatment frequency of Branch 2 = (1*12)/10=1.2 Annual medical treatment frequency of Branch 2 is higher than Branch 1 a) List of WHS information for the role HSR Health and safety representatives represent and address the health and the safety requirements of the staff or the workers in the company. It is the role of the HSR to look after the health and the safety issues as an integral component for the maintenance of safe workplace and healthy workplace environment. b) Evaluation of the areas for improvement Reasonable practice on health and safety matters, associated risks related to hazards, workers consent, and facilities or assistance for the work group, workplace inspection. c) Recommendations for improvement for WHS manager Creation of the plan for the promotion of the workplace health and safety Workplace inspection and employee trainings Investigation of incidents Making safety a key part of the business a)  Knowledge and skill required to use WHSIS system- Ability to useword processing, spreadsheet and database, interpersonal and communicational skills b) Development of training matrix- A 3 month long computer training session where employees will be taught appropriate usage of Microsoft word and Microsoft excel. c) Recommendation: The management should recruit employees with better computer knowledge so that they can dandle computer database and system efficiently. Apart from computer related training, employees will be provided with training for effective interpersonal and communication skill development  a) Analysis of the data for the identification of the area of improvement In consideration of the analysis among the frequency of the medical treatments of the workers among Houses r US Pty Ltd and Building Blocks Pty Ltd, it has thus been found that the former construction unit spends much more on the medical facilities and treatment of their workers and thus have implemented the OHS policy at their workplace more efficiently. b) Options for the actions Introduction of medical facilities, measures for injury management and implication of the health and safety policy. c) Report for health and safety committee Annual medical treatment frequency of Houses r US Pty Ltd is higher than Building Blocks Pty Ltd Annual medical treatment frequency of Branch 2 is higher than Branch 2 in consideration to the data of cases in 2016 of HiRise Pty Ltd Development of the three measures appropriate to the selected workplace Three measures for the consideration of the selected workplace of the construction site includes Construction hazards Hazards related to the use of chemicals like hydrochloric acid Unhealthy working condition with the lack of hygiene in the water and the sanitation The evaluation of the validity of the measures includes the definition of the measures, the method of collection and the relevant analysis of the measured data set. Bibliography Adeyemi, O., Adejuyigbe, S., Akanbi, O., Ismaila, S. and Adekoya, A.F., 2013. Manual lifting task methods and low back pain among construction workers in the Southwestern Nigeria. Global Journal of Research In Engineering. Barrett, R., Mayson, S. and Bahn, S., 2014. Small firms and health and safety harmonisation: Potential regulatory effects of a dominant narrative. Journal of Industrial Relations, 56(1), pp.62-80. Bong, S., Rameezdeen, R., Zuo, J., Li, R.Y.M. and Ye, G., 2015. The designer’s role in workplace health and safety in the construction industry: post-harmonized regulations in South Australia. International Journal of Construction Management, 15(4), pp.276-287. Chi, S., Hampson, K.D. and Biggs, H.C., 2012. Using BIM for smarter and safer scaffolding and formwork construction: a preliminary methodology. Modelling and building health and safety. Graeve, Catherine Utecht, Patricia Marie McGovern, Bruce Alexander, Timothy Church, Andrew Ryan, and Martha Polovich. “Occupational Exposure to Antineoplastic Agents: An Analysis of Health Care Workers and Their Environments.” Workplace health & safety 65, no. 1 (2017): 9-20. Guo, Brian HW, Tak Wing Yiu, and Vicente A. González. “Predicting safety behavior in the construction industry: Development and test of an integrative model.” Safety science84 (2016): 1-11. Kvorning, Laura Veng, Peter Hasle, and Ulla Christensen. “Motivational factors influencing small construction and auto repair enterprises to participate in occupational health and safety programmes.” Safety science 71 (2015): 253-263. Phillips, Jennan A., Michael G. Holland, Debra D. Baldwin, Linda Gifford-Meuleveld, Kathryn L. Mueller, Brett Perkison, Mark Upfal, and Marianne Dreger. “Marijuana in the workplace: Guidance for occupational health professionals and employers: Joint guidance statement of the American Association of Occupational Health Nurses and the American College of Occupational and Environmental Medicine.” Workplace health & safety 63, no. 4 (2015): 139-164. Sanchez, Fabian Alberto Suarez, Gloria Isabel Carvajal Pelaez, and Joaquin Catala Alis. “Occupational safety and health in construction: a review of applications and trends.” Industrial health 55, no. 3 (2017): 210-218.. Xiang, Jianjun, Peng Bi, Dino Pisaniello, and Alana Hansen. “Health impacts of workplace heat exposure: an epidemiological review.” Industrial health 52, no. 2 (2014): 91-101.

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