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Bsbwhs302 Whs Legislation In The Assessment Answers

Case Study: Non-compliance with WHS legislation

The following scenario describes problems with health and safety in the workplace. 

The firm of Perkins Accounting and Taxation Services is run by owner/manager Kevin Perkins and his wife. They employ twelve staff and occupy a turn of the century sandstone building on the city fringe. The building is in need of renovation and problems with it have affected the health of some of the staff. 

Riding damp has made two offices cold and clammy, flaking paint and dust fall from the ceiling in another room and the photocopier is in a small poorly ventilated room. The latter situation results in operators feeling sick from fumes if they are in there for extended times. 

Kevin has heard about new government penalties for health and safety problems so his wife has taken on the role of Safety Officer for the company. She attended a five day course for Health and Safety Representatives conducted by the local Chamber of Commerce. Ana „, The staff have complained about the problems with the building, but find Mrs Perkins is not very responsive. A staff member, Julie Saunders, has approached Kevin, as a spokesperson for the employees, about setting up a Safety Committee or appointing a member of the staff as a Safety Representative. He has responded by saying that in a small firm like theirs this was not appropriate, particularly as they have an appointed Safety Officer. 

Unfortunately for Kevin there was an anonymous call to the Worksafe Tasmania offices and, after auditing the premises, the Inspector issued a notice for a number of problems to be fixed.

The Inspector also requested to view the company's records of any health and safety incidents. Mrs Perkins said these were at her home, so he could return in two days time to check these out. Julie Saunders is very concerned because she had overheard Kevin and his wife talking about what they could do to "get rid of her". 

1. Identify the health and safety problems in the workplace and relate these to the Act 
2. Briefly note what action is required to address the problem, in the short and long term 
3. Discuss the consequences of non-compliance with the legislation 

Answer:

Workplace Occupational Health and Safety

In occupational health and safety, illness associated with occupational hazards have resulted from the workplace exposure to physical, chemical and biological agents which affect the normal physiological mechanisms which have an impact on the health worker. The common health hazards are often characterised by breathing, ingestion, and absorption and injections cuts. The harmful effects of the hazards depend on the potency, durations, amount of the agents and the contact part of the body.

According to Workplace Health and Safety Act, Part IV, section33, biological, chemical and physical agents can have negative impact on the health of the worker. In the case study, the health and safety problems associated with workplace include physical hazards which incorporated the rising dampness which is associated with hazardous effects of coldness and clamminess in the office. The roofing dusts have fallen which posses chemical risks form the asbestos from the flaky paints falling. The situation is causing the staff to feel sick form the fumes and eventual risks for developing of disease. The small confined room for the photocopier has been caused by confined space which pos hazardous physical danger which can cause the staff to suffocate. The high number of staff available, in a confined opening to enter and exit can cause hazardous challenges to the staff thus posing occupation health risks which has significant effects on their health.

In Workplace Health and safety Act, hazardous materials present in the workplace needs to be identified and removed for the safety of the staff. It is the duty of the proprietor to manage the health hazards in the work place with an aim of promoting positive health to the staff.

Short term actions needs to be implemented to manage the health hazard situation of the facility of Mr. Perkison. Assesment needs to be initiated to the employer; however the action of notification has been done by one of the staff. As to pertaining staff, Part V Section 43 subsection 1, (a) and (b), gives the rights the worker to refuse to work, when the hazards posses significant challenge on their health. Staffs have the right to refuse to work, especially when the equipment they are using is likely to pose a danger on the health. On the part of the proprietor, as much as much effort has been put, by appointing health and safety office, Mrs Perkison, much effort is need to do assessments and take precautionary actions with regard to minimising the hazards caused by the situation. There is need for investigating the incident, through select committee team made up of committee members who represent workers, a healthy and safety representative who is Mrs Perkins and the relevant organisation worker with vast knowledge in Occupational health and safety. As a long term plan, there is need for development of health and safety strategy, which provides clear guidelines on injuries and occupational diseases. This has to come with funding, thus there is need for appropriate funding according to Occupational and Safety Act, Part II , section 22.3 through the introduction of health and prevention committee.

According to Occupational Safety and Health Act, part IX section 66, contravening of this act or failure to comply is guilty of the offence and upon conviction; it attracts a liability of not more than $25,000 or to imprisonment of less than twelve months or both. Thus Kevin Perkins is in great danger as, to the failure of complying to these law in place. Neglect on the part of the newly appointed safety officer, is termed as an act which is liable for prosecution for the accused, R.S.O. 1990, c. O.1, s. 66. Thus for Mr and Mrs Perkins, consequences on non compliance with the act is non evitable enjoined with providing false information with regard to documentation of the health and safety records of the firm.

References

Occupational Health and Safety ActR.S.O. 1990,Consolidation Period: From December 8, 2016 to the e-Laws currency date. Last amendment: 2016, c. 37, Sched. 16.

Identifying Safety and Health Problems in the Workplace - OSHA, Accessed online on 11/06/2017. Http; https://www.osha.gov/dte/outreach/intro_osha/7SafetyHealthProbsWorkplace.pdf

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