Module 7 - OHS

Question 1

Give some introductory notes on OHS

Answer 1

• The primary source of data of national statistics on occupational illness and injury has been the workers compensation claims.
• Despite the lack of comprehensive data, it is clear that work-related injury, illness and fatalities have a significant impact on Australia.
• There have been some improvements in the workplace e.g. less people dying in subsequent years. The reduction may be due to the introduction of new technology and a shift from more dangerous blue collar occupations to safer white collar occupations.
• The establishment of a safe workplace is not only ethical and socially responsible, it is also cost effective.
• The significant costs associated with work-related injuries and illness have encouraged governments in many developed countries to introduce legialtion aimed at minimising the impact of workplace injury, illness and fatalities.

Question 2

What are the cost of OHS?

Answer 2

massive economic costs:
The distribution of the costs to the economy were estimated as follows: 
o	3% cost to employers;
o	49% cost to employees; and
o	47% cost to the community.

Question 3

What are some OHS issues?

Answer 3

o	Work-related stress;
o	Workplace violence and bullying;
o	Sexual harassment (also covered by Sex Discrimination legislation);
o	Smoking;
o	Substance abuse;
o	Obesity;
o	HIV/AIDS;
o	Terrorism and security.

Question 4

What is the employer’s responsibilities in relation to OHS?

Answer 4

employer’s obligation to ensure that the workplace is safe.
• Employer’s can ensure that the workplace is safe by;
o providing and maintaining a safe plant and systems of work;
o arrange safe systems of work in connection with plant and substances;
o provide adequate welfare facilities, eg change rooms, dining areas and lockers;
o provide adequate information on hazards, instruction, training and supervision of employees to enable them to work safely;
o monitor the workplace health of their employees;
o keep information and records relating to the health and safety of their employees;
o employ or engage suitably qualified persons to provide advice in relation to the health and safety of employees;
o monitor conditions at any workplace under their control and management;
o provide information to their employees in such languages as are appropriate.

Question 5

What is the employees responsibilities in relation to OHS?

Answer 5

• As far as they are capable, employees are required to take care of their own health and safety, and the health and safety of any other person in the workplace (includes customers).
• An additional duty includes cooperating with their employer with respect to any action the employer has taken to meet their legal responsibilities under the relevant legislation.
• Employees are therefore required:
1. to follow the safe working procedures set by the company;
2. to wear any personal protective clothing and equipment provided; and
3. to adhere to site safety rules which might cover things such as speed limits within the workplace grounds, not smoking, etc.;
4. to act immediately to protect their health and safety when they become aware of any situation or incident that could be a source of danger to themselves or any other person must, and report the matter to the employer or relevant health and safety representative

Question 6

What is the OHS legislation like today?

Answer 6

• There are a number of Acts concerned with OHS in Australia.
• The commonwealth government, for constitutional reasons has had limited power to enact national OHS legislation. AS a result, state and territory governments have had primary responsibility for OHS regulations and all states and territories have developed comprehensive legislation.
• Going down the state and territort approach has produced a complex winconsistem system with significant differences.
• The first commonwealth OHS legislation was introduce in 1991.
• There is now a push to have a uniform OHS legislation throughout Australia to make it more effective.
• Legislation is often supplemented by codes of practice that provide companies with advice on how to comple with legislative requirements.
• The rules and legislation have been developed to;
o Prevent workplace injury, disease and death
o Provide compensation
o Rehabilitate workers
• There is evidence that the legal regulation of OHS has been ineffective in improving OHS outcomes.

Question 7

What is the History of OHS legislation?

Answer 7

• As we have already seen, OHS was subject to the common law and there was little direct legislation regulating safe and healthy workplaces until the 1890s when the the British Parliament passed a law providing minimum safety standards.
• Enforcement has been traditionally two – pronged: by union action and involvement in monitoring workplace safety standards and government Labour Inspectorates capable of taking those accused of breaching safety regulations to magistrates courts where they faced fines.
• The methods of developing worker awareness of safety issues was to use posters, provide incentives for achieving accident free targets and providing safety equipment.
• You will read in the textbook of the the Robens approach, developed in a UK Report in 1970 and adopted in UK in 1974. The Robens recommendations were taken up by most Australian states in the 1980s. This approach attempted to bring wide array of OHS legislation under a single Act setting out broad duties rather than specific compliance. As we have seen, there are quite different risk management challenges in different industries.
• The unified national OHS system comes into operation in December 2011.