WHS Act and Regulations (Essay Sample)

TASK QUESTION 1 List the section and clauses of the WHS Act and Regulations that stipulate the requirements of WHS Consultation in Perth – West Australia WHS Act sections: Section 46 – Duty to consult with other duty holders Section 47 – Duty to consult workers Section 48 – nature of consultation Section 49 – When consultation is required (Comlaw 2011). WHS regulations: Clause 574 – safety role for workers Clause 575 – operator of major hazard facility must consult with workers (Comlaw 2011). QUESTION 2 List and describe the different options/forms of WHS Consultation mentioned in the WHS Act, WHS Regulation and Code of Practice Consultation may take two forms; formal or informal ways. Informally, a manager or supervisor may talk to them in a regular basis to understand their concerns. In this way s/he will make informed decisions when making changes to the health and safety concerns of the workers. Formally, the workers may be allowed to form committees that will always be consulted whenever decisions are to be made. They will be meetings with minutes for such meetings. Follow ups will also be carried out by selected members so that decisions taken are fully implemented (Safe Work Australia 2011). This is usually done as described below: WHS Act options/forms of consultations are in the following forms: In identification of hazards and risk assessment This is done on the health and safety risks that arise when the worker performs the business activities. No man can do any work with perfection, as it is man is to error. There are situations in which one will forget to do a specific duty critical in the full operation of a machine or any other duty. When this happens there must be a risk involved for the operation will not be fully completed. Machines too undergo various failures in there operations. This might be due to the worker or the machine itself. The circumstances for the worker to cause a machine error might be via several issues including forgetfulness, sickness or absent mindedness. All these are conditions that will result in risks at work that may be either fatal or harmful both to the business and worker. The worker might be injured by a machine, the machine might break down or the worker in case of a service industry work place leak information or provide erroneous information. This will lead to a loss in business in one way or another. It is consequently important to help include workers in the participating in the process to identify factors that will lead to these risks. This is because most importantly because they are the ones directly involved in the performance of the work and are also directly affected, by anything that goes amiss. Decision making on: Ways of eliminating and/or minimizing the activities risks The workers are fully aware of the risks they face in carrying out their roles at the workplace. It will foolhardy not to include them in developing ways to either eliminate or minimize such risks. Even when a workplace has CCTVs they usually do not capture everything. It will be necessary to involve the workers in making decisions related to this concern. The most adequate facilities for the workers well being at work They are also conversant with what they need for the performance of their duties. It is very helpful for any manager to know exactly how the current machines work, how they can be improved or new ones brought in. this will also need training for the new machines brought if any will be brought or employment of more workers when more machines are brought. The facilities also include the space in which they are working in. the production or service might require more or less space depending on the volume and capacity of the production or service and workers. In that case it will be the onus of the workers representative to inform the supervisor or employer on the concerns of the facility for the workers. This is usually done after discussing with the fellow workers or workers presenting the matter to their representative and the representative informing the employer in a formal meeting. When there are proposals to be made on issues that will affect the workers health and safety As years go by, new technologies emerge, new diseases emerge too. For any changes to the health and safety issues to be made, the workers who are the direct consumers and sufferers, they must participate in anything that will change the traditional method they are accustomed. No change can be brought and immediately implemented. It needs to be adopted to and assessed for compatibility at the work place. This will be with the workers themselves, the existing machinery or processes. For that to happen, they will have to undergo training and adaptation procedures for successful implementation. Therefore, any proposal put forward will be thoroughly studied, assessed and considered widely for adaptation. Some may be fully, partially implemented while others might be discarded. All this will depend on their compatibility and suitability. In deciding the procedures for: Consultation with other workers       As a manager you have to know whom you can informally consult to effectively implement a change. Every organization has both the formal and informal structures. Both these structures have decision implementation procedures that do not necessarily follow any hierarchy this is specific to the informal structure. In an informal consultation environment, the manger will have to know the leader of the informal structure in the organization. S/he is the only one who can influence his/her colleagues into accepting or not a decision reached by the formal leader. It will be suicidal to ignore such influence peddlers especially in the informal structure. For formal structures decisions follow a well known hierarchy without fail. When a decision is made at the top layer, it flows down to the last implementer. This might take time too for signatures to be appended. The decisions to are usually not all inclusive and therefore most probably will be put into force half heartedly. Informal leaders are usually respected for the effectiveness they have in decision making. They usually control the workers and it will be difficult to get to them without him or her. Resolution of workers health and safety issues Workers as mentioned before are the ones who suffer any health or safety issue at work. They are directly involved with the machines or processes carried out. It will be most important to involve them in resolving any issue touching on them directly. Monitoring the workers health and workplace conditions under the management Supervisors can be selected among the workers or cameras installed to monitor such a case. The workers might choose one among them to be monitoring or they will be reporting to on any work place condition. This will greatly help in checking on these conditions for the workers may fear approaching a manager with such issues lest they be reprimanded or fired in the worst case scenario. Have such measures ensures that information provided is adequate and correct for quality changes and adaptations. Information and training provisions Workers need frequent or periodical training to compete best with the best in the industry. They need refreshment courses to keep them abreast with the latest in industry practices to remain relevant and effective in their work activities. Frequent training and seminars help sharpen the skills the workers already have. In this way they keep doing well and eliminate boredom and rejuvenate workers. This therefore needs their participation to come up with relevant curriculums and mode of learning. Their input on such activities is vital. When carrying out other activities as required in the regulations concerning the workers health and safety As has been mentioned early on, workers are the cog in the machinery of success. They are the key to every triumph at work for they are the one who carry out any work activity necessary to its success. Anything that is therefore required for the advancement of the organization in any way will have to pass through them. They have to know and sift through to have their input considered. This will in the long run help the organization perform as required and even beyond.       WHS Regulations and codes of practice The workers will be consulted in the process of preparing the safety case outline for the major hazard facility They will also be consulted in the preparation, testing and implementation of the emergency plan of the major hazard facility They will have to be included in the safety management system establishment and implementation of the major hazard facility’s safety management system; They must participate in conducting a review under regulation 559; As the workers they will have to participate in the implementation of their safety role under sub regulation 574 (1) (Comlaw 2011). In both situations the workers input is very vital. They are the main components of the organization and it is their welfare that is most important for the success for the firm. Their concerns should therefore, be always sought, thoroughly considered and implemented if any success is to be achieved at the organization. QUESTION 3 List 5 specific triggers of the WHS and why so Hazards and associated risks These are the dangers a worker may be exposed in his/her duties performance. It is important that she knows such dangers so that s/he can avoid or eliminate them all together. Facilities for work performance The working area and resources are important for effective work performance. It is crucial that the worker performs his/her duties in facilities that will not hinder that performance. Health and safety issues The workers physical and mental faculties must be that they are in good shape to perform their duties. This therefore, should be an issue that they must be included to make decisions on for...