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The Workplace Health and Safety Act 2011 (WHS Act) provides an agenda for safeguarding the health and welfare of the employees at the workplace. It also aims at safeguarding the health of all the other workers who might be influenced by the occurred incidence. Its key features comprise of safeguarding the interests of general public so that their health is not posed to hazards while performing their duties at the workplace (State of Queensland, 2018).The WHS Act places the main responsibility for safeguarding the health and wellbeing of the employees on person conducting a business or undertaking (PCBU It also sets out the requirements for notification of incidences, resolution of issues , consultation with the workers and inspection of powers and functions. |
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a. PCBU: A person conduction business or undertaking (PCBU) stands for businesses, organizations and individuals who are executing the trade activities. They are considered a worker. b.Officers of organizations: Officers also include directors and they are legally obliged to make sure that the business has made sufficient arrangements in compliance with the legal norms. They are accountable for acquiring and updating the data related to health and safety hazards of the workplace. c.Managers and supervisors: It is the duty of the managers and supervisors have the duty of care that they must ensure and take care of their own health and safety and comply with the instructions and policies pertaining to health and safety of the workers working under them. d.Workers: A worker performs the duties for a PCBU. Employees, sub-contractors, contractors and their employees, trainees, students who are gaining experiences, outworkers are included in the category of workers. e.Others in the workplace: Other people at the workplace should take reasonable care for their own health and ensure that their acts do not affect the health and security of their peers. They should act in compliance with the instructions given by the PCBU ( Perez and del Bosque, 2014). |
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The WHS Code of Practice applicable for the hospitality industry include regulations regarding first aid in the workplace, hazardous manual tasks, managing health and safety risks at the workplace, labeling of workplace hazardous chemicals and managing the risks of falls at workplace etc. (Quinlan, Bohle and Rawlings-Way,2015). It prescribes that first aid should be provided to the workers and others who have been injured. The code of practice also identifies the hazardous manual tasks and regulates the risks of workers being affected by the handling of manual tasks. The code guides how to correctly label the hazardous chemicals being used at the workplace. It also prescribes guidelines to prevent the risk arising from slips, trips and falls. |
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As per WHS Act, 2011 and Electrical Safety Act 2002 in the case of death of a worker caused due to negligibility, the maximum penalty is of 20 years of imprisonment for individuals and $10 million for body corporates. There are various categories of industrial manslaughter.In category 1 offense, the person would be prosecuted in the District Court. With reference to category 2 and 3 the accused would be prosecuted in the Magistrates Court. Also, on the spot fines would also be charged as per the State Penalties Enforcement Regulations 2014. They would be charged in case of failures to comply with the improvement notice or record the details of the accident by the PCBUs and workers. In case of failure to pay the fines, the warrant can be issued for the seizure and sale of property and an arrest and imprisonment warrant can also be issued in this regard (Bharwani and Mathews, 2012). |
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For receiving updated information about the WHS Laws, model WHS Laws comprising of the model WHS Act and model Code of Practice should be reviewed. |
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The National compliance and enforcement policy can also be reviewed for updates. |
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Harmonization of WHS Laws can provide updated knowledge as they are established for protecting the health and safety of workers. |
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The Explanatory Statement of model WHS Regulations can also explain the operations of the WHS Act. |
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A WHS Management System is an organized methodology utilized to address the occupational health and safety issues in the company. With the help of its components, the various work and safety issues can be addressed within the framework. The goals and aims shall be required to accomplish the application of the WHS Management System within the said time span. |
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The key components of WHS Managements System are policies and procedures, safety plans, training and induction plans for the employees, monitoring, supervision and reporting of the hazardous incidences. The policies should include all the safety infrastructures in the company. The safety plans should ensure that every worker should ensure that he understands the safety obligations and is responsible for executing those obligations. The Training and Induction should comprise of regulations of the company, sites and the location. The monitoring depends upon the situation and necessity of the workplace and supervision and reporting should include the governance structure required for safety reporting at all the levels of the company (Potter et al., 2017). |
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PCBU, Officers, Supervisors and Managers are responsible to administer the WHS Management System at the workplace. The PCBUs are responsible if they involve the workers for performing the duties at the workplace and if they manage the affairs of the company. The officers must exercise due diligence and take reasonable steps to comprehend the nature of hazards related to the operations of the business (Reijula et al., 2012). |
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The methods of consultation include determining of work groups which involves consulting with the group of workers with similar interests and work conditions. The factors to be considered are the number and grouping of employees, time span and patterns of work and level of accountability. The other methods are the appointment of Health and Safety Representatives (HSR), Health and Safety Committees (HSC) and Other agreed arrangements. Other agreed arrangements comprise of discussion of the WHS issues at the meetings and presentation of toolbox topics on consistent basis. The stakeholders can be communicated by : 1.Meetings 2.Conference calls 3.Newsletters 4.E mails 5.Social media 6.Website of the company |
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The Chief Executive and other officers and managers must undertake the audits once in two years. The audits should be carried out when new employees are appointed or new machinery has been installed or new system has been introduced in the company. It should be examined that proper systems are in place for providing training to the employees regarding the handling of machinery or dealing with the new system in the company. The assessment criteria are that the CEO has to make sure that the outcomes of audits and recommendations are reported to the audit and risk committees. It is mandatory as per the WHS reporting mechanisms. Moreover, the Work Health and Safety Executive Reporting should be provided to the Ministry of Health on a quarterly basis regarding the progress of the audits and the noncompliance identified. |
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Firstly, the participation of employees is essential for the assessment of the effectiveness of WHS Management Systems. A process hazard analysis should be implemented for assessment of the consequences of safety failures. The operating processes should also be adopted for the analysis of WHS Management Systems. The mechanical integrity includes inspection of documents related to storage tanks, piping systems, ventilation systems and pressure vessels. The parameter for emergency planning and response comprises of plans for handling the job hazard risks. |
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It is essential for the employees to know about the assessment of the WHS system and evaluated in the company. Through this, they will know the importance of the workplace safety and health. They would understand the importance of resources committed by their employer to safeguard their health and safety at the workplace. They would be encouraged to participate in the safety and health programs and it enables them to report all the safety hazard and unhealthy working conditions in the workplace. |
1.13 List of Activities Undertaken Prior to Presenting a Completed Policy to the Senior Managers of the Organization
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Firstly, the work health and safety policy needs must be implemented and it should be followed by an assessment of the work health and safety needs of the organization and individuals as well. The mandatory training requirements should be analyzed. In order to achieve the goals, training program should be designed at the subsequent stage and the training resources should be provided to the trainers. The WHS training and learning shall be applied and the process should be reviewed by the supervisors and managers. The risk management activities must be undertaken for identifying the workplace hazards and implementing ways to mitigate them. Regular inspection of the workplace should also be conducted in this regard. The quality policy should be adopted by the business .Its goal should be to develop a culture of innovation and amongst the employee for improving the quality performance of the food industry people. They should also comply with the ISO9001 standards. |
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The key components of WHS policies and procedures comprise of a safety plan, training and induction programs followed by supervision and monitoring and finally reporting of the results to the management. Firstly, the safety plan must be formulated which would analyze the present and prospective confronted by the organization. Secondly, the training and induction programs should be formulated as per the nature of the workplace. It is followed by monitoring and supervision of their implementation depending upon the situation and need. Lastly, the governance structure should be reported to the top level management (Ho et al., 2012). |
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Hotel area |
Risk and hazard associated with the area |
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Reception |
Risk of injuries resulting from electrocution, fire and explosion, slips, trips and falls and musculoskeletal disorders. |
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Dining room |
Risk of slips, trips and falls due to slippery floors and risk of electrical hazards arising due to lack of installation of safety switches. |
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Front bar |
Risk arising due to manual handling of trays of bottles of wines resulting in limb and neck injuries and risk arising due to physical violence and stress due to loud music. |
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Hotel suite |
Risks of back and shoulder injuries and bursitis posed to the housekeepers due to repetitive motion involved in these tasks. |
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Bottle shop |
Risks of manual handling hazards arising due to the lifting of heavy trays of bottles carried above the height of the shoulders, both on the floor of the shop and in the cool room. |
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Gaming room |
There is a risk of electric shocks resulting from the playing of audio and video equipment. The players can get their limbs injured from playing indoor games such as table tennis. |
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Kitchen |
The risks of burns and cuts arising from mishandling of kitchen equipment can expose the workers to heavy injuries. |
WHS Management System for the catering business would be formulated considering the following aspects:
The employees would be provided with suitable facilities for the prevention of ill health and accidents on the workplace. In this regard, a food laboratory network should be established which comprises of national reference laboratories for monitoring and surveillance of food prepared at the workplace. It requires the funding allocated by the government authorities.
The appropriate management of incidents or accidents and notification to WHS government regulators is also required in this regard. In the case of serious incidences, the regulator must be notified within 48 hours of its occurrence. If required he must be notified in writing (WHO, 2015).
As per clause 39 of the Work Health and Safety Regulation 2017, the PCBU must ensure that suitable training. Instructions and information are provided to the workers pertaining to the nature of the work carried out by them and the risks associated with it and the control measures being implemented by the organization to mitigate it.
The workers should wear personal protective equipment while working with hazardous machinery, equipment and materials (Croall, 2013).
As per the WHS Act 2011, the business is legally obliged to provide safe work premises to the workers and they must ensure safe utilization and handling of hazardous goods and substances in the catering business.
As per confined spaces code of practice of Safe Work Australia the PCBUs, designers, manufacturers and suppliers of plant, officers and workers have the responsibility of managing risks related to health and safety of entrances and exits.
The improvements to WHS practices can be introduced by implementing measures related to mitigating the hazards of the work environment and how they cause harm.
It provides an assurance that to the stakeholders that there is a strong culture of health and safety at the workplace. It is the responsibility of the food operators that the safety of the consumers must be assured through the implementation of food safety standards.
The officers should make sure that they acquire and upgrade their knowledge of matters related to health and safety . The PCBUs must make sure that they use appropriate resources and procedure to mitigate the risks of health and safety of the workers.
It must be ensured that food safety is consistently verified in the organization. It comprises of matters such as a routine cleaning program, procedures adopted for contamination of raw and cooked food. The ways to avoid pests and infestation should also be implemented.
The catering business should be affiliated to AS/NZ 4801:2001. It should work towards the goal of “Zero Harm throughout all the sites”.
Title
The name of the WHS policy would be ‘Workplace Health and Safety Policy‘.
Effective Date
The effective date of the policy would be 1st July, 2018.
Purpose
The purpose of the policy would to recognize all the possible hazards and analyze the risks associated with them. The responsible authorities must implement all the appropriate controls to accomplish its purpose of ‘no harm throughout all the sites ‘(Catering Industries, 2015).
Additional Authority
It would be governed by Minister for Workplace Safety and Industrial Relations—Chief Minister, Treasury and Economic Development Directorate and Safe Work Australia.
Scope
The policy would covers all the employees of Why? Cook and all the persons working for the company.
Policy Statement
Why? Cook is committed towards implementation of the procedures instructing its utilization to ensure that all the stakeholders should be consulted about the applicability of the assessment and removal of risks followed by continuous improvements in the safety plan. The employees, contractors and visitors must ensure that they apply the policies related to the safe and healthy workplace by complying with the legislation related to work health and safety. The WHS policy should also contain provisions for reports on the activities of the workplace and the minutes of the meeting conducted in this regard. They must also include goods identification numbers and codes, the code of practice and the appropriate regulations which are appropriate to the workplace activities (Archer et al., 2012). The policy should comprise of regulations for caterers and retailers. The safety of the consumers must be assured at first instance.
Roles and Responsibilities
The policy would be signed by PCBU, the senior officials and Health and Safety Representatives of the company. They would be responsible for providing adequate resources so that the objectives of Work Place Health and Safety Policy can be met.
It is the responsibility of the cook to learn the safe lifting techniques and to handle the hazardous equipment in the kitchen. He should keep his work area clean and do not overstuff the shelves.He should learn fire safety and emergency procedures and do not block the fire exits and extinguishers (Liebman et al., 2013).
Title
The plan would be named as WHS Training Requirements Plan.
Effective Date
The effective date of the plan would be 1st July, 2018.
Purpose
The purpose of the plan would be to fulfill the training requirements to reduce the risks posed by hazardous activities at the workplace.
Scope
The plan would cover all the employees who are working on the premises of Why? Cook and all the persons working for the company.
Additional Authority
It would be governed by Minister for Workplace Safety and Industrial Relations—Chief Minister, Treasury and Economic Development Directorate and Safe Work Australia.
Details of the Training Plan
The employees should be trained regarding the food preparation and service activities. Another important aspect is training them to avoid slips, trips and falls. They should also be trained to use firefighting equipment and evacuation procedures (Hsieh, Apostolopoulos and Sönmez, 2013).
Plan should be developed for manual handling which involves lifting and carrying of objects by the workers. The kitchen staff should be well trained regarding safe and effective knife handling. Plan should also be formulated regarding safe food handling procedures which pertain to avoiding contamination of food and efficient cleaning processes.
Roles and Responsibilities
The PCBUs, officers and others are responsible to ensure that the workers are trained to handle the risky and hazardous situations and to establish a safe and healthy workplace.
The managers, employees and Health and Safety Representatives are required to develop, approve and review the system of documentation. They must ensure that documentation of the records related to workplace health and safety policy must be maintained and is accessible on the safety and wellbeing website of the organization (Wang, 2013).
The monitoring system should include the appointment of custodian for surveillance of the safety records. It should be ensured that the documents which are created or modified are controlled and managed in a proper way.
A system of communication amongst the personnel of the orgnzation must be developed on the workplace . The information should be displayed on the notice boards, posters and newsletters on the work place . The information can be communicated through meetings such as toolbox talks and by emails in the form of safety alerts (Benavides-Velasco, Quintana-García and Marchante-Lara, 2014).
It should be discussed with the supervisors, colleagues, safety personnel and members of the WHS committee. There should also be WHS helpline which should be contacted in case of any emergency.
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Actions to be taken |
Date |
Person responsible |
Additional factors |
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Developmental Objectives: Recognizing the work-related hazards and designing a schedule to address them Implementation goals: The goals should be implemented to assign the responsibility for coordinating various personnel for responding to the risks arising due to the nature of work. List of responsible individual people: PCUBs, Senior Officials, Health and Safety Representatives, Contractors and workers (Frumkin, 2016). The responsible personnel should ensure the formulation and implementation of WHS policy throughout the organization. |
1st July 2018 to 31st July 2018.
1st August 2018 to 31st August 2018. The entire policy would be implemented in a period of 2 months. |
PCBU and senior management PCBUs and Health and Safety Representatives PCBs, HSR, Officials, WHS committees and employees. |
The responsible authorities shall recognize the work-related hazards and formulate the objectives to be accomplished to safeguard it from the possible risks. The goals would be implemented for formulating and applying the policy of workplace health and safety at the workplace. The responsible people will ensure that the WHS policy shall be implemented throughout the company and it will be reviewed by them to make sure that it is followed by everyone in the company. The stakeholders shall ensure that the WHS policy is successfully being implemented in the organization. |
July 24, 2018
15 Pilgrim Way
Victoria –3898
Roger Tan
200 Broadway Av
West Beach SA 5024
Australia
Dear Mr. Roger,
This letter is to inform you about the need to implement the training of WHS laws and regulations in your organization. The WHS training program should be developed and implemented at the workplace so that safe and healthy work environment can be provided to the workers. For this, the adequate resources shall be provided to the staff (Nickson, 2013).
It also includes safety induction training for the staff, contractors and others. The training of safety health representatives and other safety personnel should be conducted so that they can guide the workers in case of any emergency. Specific training is also required in the areas of safety hazards.
It is essential to implement the WHS regulations on the workplace as per WHS Act 2011 and Safe Work Australia. I hope that you are able to understand the importance of the applicability of the training program of WHS on the workplace.
Yours Sincerely,
Paul Brown
The PCBUs and employees should be encouraged to provide a work environment which is free from risks to health and safety. For this, they should train, supervise, instruct and monitor the health of workers and workplace conditions (Amponsah-Tawiah and Mensah, 2016). They have the duty of care towards their staff. They should identify the hazards and formulate and implement the policies related to adoption of safety procedures in the organization. They should be encouraged to change the job duties of the personnel, introduce safety equipment and provide safety gears to the workers (Australian Catholic University, n.d.).
The costs and benefits associated in this regard are costs of initial review, training related to implementation and distribution of information and its documentation. The other costs include treatment costs and monitoring and administration cost of WHS. It also includes purchasing of Personal Protective Equipment (PPE) by the company. The cost related to purchase of infrastructure, construction and equipment would also be included in this (Thiede and Thiede,2015).
There are tangible benefits associated with such measures. It includes increased work efficiency, improved management and increased awareness of the employees.
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The benefits are increased employment in the organization, stable employment conditions, increased awareness of the employees and improved approach to safe work which results in ensured profitability of the enterprise (Jones, Hillier and Comfort, 2016). It also helps to safeguard the staff from injuries and chronic diseases. It means that the skilled and loyal staff shall be retained by the organization by preventing back pain and other musculoskeletal disorders and injuries arising from slips, trips and falls etc. (Barrett, Mayson and Bahn, 2014). |
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Hazard Identification Checklist for Why Cook? Pty Ltd. Burns : Is vegetable oil utilized in the place of animal fat? Yes /No/N/A Is first aid kit accessible to the workers? Yes /No/N/A Chemicals : Are the containers labeled? Yes /No/N/A Is the safety sheet supplied for each chemical? (De Faria Nogueira et al.,2015) Yes /No/N/A
Electrical Equipment: Is faulty equipment removed immediately? Yes /No/N/A Fire : Does all the gas equipment have a safety valve? Yes /No/N/A Are inflammable materials kept away from ignition sources? Yes /No/N/A |
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The checklist should comprise of: 1. Details of the risk assessment procedures of the company which will help it to evaluate the probable risks which might be involved in some activity in the workplace. 2.It shall also comprise of determining the severity of the risk and analyzing the effectiveness of the existing control measures. 3.Procedures related to managing the manual tasks and application of mechanical aids on the workplace. 4.Processes related to hazards of general lighting and hazardous chemicals, noise and electrical shocks. 5.Procedures related to storage of food and proper ventilation shall also be stated in the report (Safe Work Australia, 2012). |
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a) Elimination: It includes removal of the hazards from the workplace. b) Substitution: Its comprises of substitution of the hazardous materials with less hazardous machinery or materials. c) Engineering: It comprises of designs or modifications in the equipment to minimize risk. d) Administration: It attempts to modify the methods of performing the tasks such as altering the work practices, policies and other rules (Sorensen et al., 2013). e) Personal Protective Equipment (PPE): They include the protective equipment to be worn by the workers to minimize their exposure to risk. |
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As per clause 60 of Work Health and Safety Regulations 2017, the PCBU and the designers, manufacturers and suppliers must ensure that the internal structure of the plant is designed in such a way to remove the hazards in the manual task to be carried out. It should include: 1.Firstly they should identify the risks and set policies for manual handling of task. 2.In the case of lifting heavy loads ,they should use trolleys for lifting it and in the case of food items such as flour, they can use small bags to be lifted at waist height in storage racking. 3.In the case of lifting the beer keg which is too heavy to carry, so keg trolleys should be used for lifting transfer them to the cellar. 4.In case of cleaning the floor , the vacuum hose should be extended at the correct level so that awkward posture can be eliminated. |
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Risk would be evaluated by analysing the external data pertaining to the nature of load carried by the workers and lift trajectories and the frequency and duration of lifts shall also be assessed. The external inputs relating to risk shall be assisted by all the stakeholders and the areas of the improvement shall be tracked by analysis of the risk and the measures taken by the PCBUs and HSR for mitigating it. The meetings would be conducted for evaluation of risk by PCBU and HSRs. The risk audits shall also be conducted for risk evaluation. Trainings should also be conducted on regular intervals so that new employees can be trained regarding the handling of machinery and newly introduced systems. Roger would be included in analyzing the risks through the consultation process. Roger and other senior officials would be requested to conduct a risk assessment of the workplace and based on it the procedures to mitigate the risk shall be formulated and implemented in the organization (Preibisch and Otero, 2014). |
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As per UOW (2016) it is the responsibility of the manager and WHS Advisor to develop and maintain suitable records for WHS documentation. The four records to kept for WHS are required licenses, WHS Training Guidelines, control guidelines and WHS record index of the company (Goetzel et al.,2014). |
References
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Archer, R.J., Borthwick, K., Travers, M. and Ruschena, L.(2012) WHS: A Management Guide. Cengage Learning. pp. 1-10.
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Benavides-Velasco, C.A., Quintana-García, C. and Marchante-Lara, M.(2014) Total quality management, corporate social responsibility and performance in the hotel industry. International Journal of Hospitality Management. 41, pp.77-87.
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