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ASSESSMENT TASK 5

ASSESSMENT TASK 5. PRESENTATION ON : THE LEGAL RESPONSIBILITIES. THE LEVEL OF THE STAKEHOLDER. THE ENFORCEMENT PROCESS. THE ENFORCEMENT INSTRUMENT. OHS LEADERSHIP TRAINING. A BRIEF OVERVIEW OF THE FOLLOWING OHS TOPICS: THE EMPLOYERS RESPONSIBILITIES.

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ASSESSMENT TASK 5

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  1. ASSESSMENT TASK 5 PRESENTATION ON : THE LEGAL RESPONSIBILITIES. THE LEVEL OF THE STAKEHOLDER. THE ENFORCEMENT PROCESS. THE ENFORCEMENT INSTRUMENT

  2. OHS LEADERSHIP TRAINING A BRIEF OVERVIEW OF THE FOLLOWING OHS TOPICS: • THE EMPLOYERS RESPONSIBILITIES. • ENSURING THE PROVISION OF INFORMATION, EDUCATION AND TRAINING TO ALL EMPLOYEES OF THE AFP. • MANAGEMENT OF RISKS. • THE ENFORCMENT PROCESS. • THE ENFORCEMENT INSTRUMENT.

  3. EMPLOYERS RESPONSIBILITIES “AS PART OF THE AFP MANAGEMENT TEAM YOU ARE INDIVIDUALLY RESPONSIBLE AND ACCOUNTABLE FOR PROMOTING THE MERITS OF A SAFE WORKPLACE IN ORDER TO REDUCE THE RISK AND INCIDENCE OF INJURY AND ILLNESS TO YOUR EMPLOYEES”.

  4. EMPLOYERS RESPONSIBILITIES IN CONSULTATION WITH EMPLOYEES YOU WILL: • IDENTIFY HAZARDS, ASSESS ANY ASSOCIATED RISK AND TAKE APPROPRIATE ACTION TO TREAT THE RISK. • CONDUCT A FORMAL DOCUMENTED INCIDENT INVESTIGATION OF EACH WORKPLACE INCIDENT NOTIFIED TO COMCARE UNDER SECTION 68 OF THE OHS ACT 1991. • PROVIDE INFORMATION AND TRAINING, INCLUDING INDUCTION TRAINING, TO ALL EMPLOYEES ON OHS, INCLUDING HAZARD IDENTIFICATION, RISK ASSESSMENT AND RISK CONTROL MEASURES.

  5. EMPLOYERS RESPONSIBILITIES • PROVIDE ALL EMPLOYEES WHERE APPROPRIATE WITH ANY NECESSARY SAFETY EQUIPMENT AND CLOTHING, TO ENABLE THEM TO WORK SAFELY. • PROVIDE APPROPRIATE MEDICAL AND HEALTH ADVICE AND FIRST AID SERVICES FOR EMPLOYEES.

  6. ENSURING THE PROVISION OF INFORMATION, EDUCATION AND TRAINING TO EMPLOYEES • HEALTH AND SAFETY INFORMATION WILL BE INCLUDED IN STANDARD OPERATING PROCEDURES, STANDARD TACTICAL PLANS, INDUCTION TRAINING AND TRAINING IN SAFE SYSTEMS OF WORK AND THE SELECTION, USE AND MAINTENANCE OF SAFETY EQUIPMENT. • ON-LINE OHS INDUCTION TRAINING WILL BE MADE AVAILABLE THROUGH iASPIRE (VIA AFP INTRANET) AND EACH NEW EMPLOYEE MUST COMPLETE WITHIN 4 WEEKS OF COMMENCEMENT. EXISTING EMPLOYEES MUST COMPLETE ON-LINE BY 31 AUGUST 2010. THIS TRAINING IS REFLECTED AGAINST INDIVIDUAL PDA’s. • ALL MEMBERS OF AN OHS CONSULTATIVE COMMITTEE ARE ENCOURAGED TO ATTEND SUITABLE ACCREDITED TRAINING TO HELP THEM PERFORM THE ROLE. COMCARE REGULARLY DELIVERS A TRAINING COURSE CALLED ‘MAKING THE MOST OF HEALTH AND SAFETY COMMITTEES’.

  7. MANAGEMENT OF RISKS • SUPPORT AND ENCOURAGE STAFF MANAGING RISKS AND DOCUMENTING RISK IDENTIFICATION AND TREATMENTS SO THAT APPROPRIATE AUDIT TRAILS ARE MAINTAINED. • ENSURE THERE IS ADEQUATE ACTIVE PARTICIPATION IN THE RISK MANAGEMENT PROCESS BY A WIDE CROSS-SECTION OF STAKEHOLDERS. • ENSURE FORMAL RISK ASSESSMENT PROCESSES ARE COMPLETED AS REQUIRED.

  8. ENFORCEMENT ACTION • IF AN EMPLOYEE ACTED HONESTLY AND REASONABLY, WAS ACTING IN THE NORMAL COURSE OF THEIR DUTIES AND WAS ADHERING TO POLICIES AND PROCEDURES IN PLACE AT THE WORKPLACE, ENFORCEMENT ACTION WILL NOT BE PURSUED. ENFORCEMENT ACTION MAY BE PURSUED IF THE EMPLOYEE HAS: • DISOBEYED CLEAR SAFETY POLICY AND INSTRUCTIONS. • ACTED RECKLESSLY. • BEEN GROSSLY NEGLIGENT. • WILFULLY IGNORED AN OBVIOUS HAZARD.

  9. THE ENFORCMENT PROCESS • WHERE POSSIBLE HEALTH AND SAFETY ISSUES WILL BE RESOLVED BETWEEN THE RELEVANT TEAM LEADERS AND EMPLOYEES IN THE WORKPLACE IN WHICH THE ISSUE HAS BEEN RAISED. • TO FACILITATE RESOLUTION OF HEALTH AND SAFETY ISSUES IN THE WORKPLACE, AND TO PREVENT AND SETTLE ANY POTENTIAL DISPUTE, PARTIES AGREE TO THE FOLLOWING DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURE: • STEP 1 THE HSR, OR EMPLOYEE, RAISING AN ISSUE WILL WRITE FORMALLY TO THE IMMEDIATE COORDINATOR/TEAM LEADER OUTLING THE BASIS OF THE COMPLAINT. THE COORDINATOR/TEAM LEADER WILL HAVE THE RESPONSIBILITY AND THE AUTHORITY TO INVESTIGATE AND RESOLVE THE MATTER WITHIN 3 WEEKS TO THE SATISFACTION OF ALL PARTIES.

  10. THE ENFORCMENT PROCESS • STEP 2 IF THE DISPUTE IS NOT ABLE TO BE RESOLVED AT THE COORDINATOR/TEAM LEADER LEVEL IT MAY BE REFFERED TO THE NEXT SUPERVISORY LEVEL. OHS MANAGEMENT ADVICE IS AVAILABLE FROM THE AREA OHS ADVISOR AND/OR MEMBERS OF THE HEALTH AND SAFETY TEAM THROUGHOUT THE DISPUTE PROCESS. • STEP 3 IF THE DISPUTE IS NOT ABLE TO BE RESOLVED AT THE WORKPLACE, AND ALL AGREED STEPS FOR RESOLVING IT HAVE BEEN TAKEN, THAN: • THE AFP MAY MAKE A REQUEST TO COMCARE THAT AN INVESTIGATION BE CONDUCTED AT THE WORKPLACE TO RESOLVE THE MATTER. • THE HSR MAY MAKE A REQUEST TO COMCARE THAT AN INVESTIGATION BE CONDUCTED AT THE WORKPLACE TO RESOLVE THE MATTER. • THE HSR MAY ISSUE A PROVISIONAL IMPROVEMENT NOTICE UNDER SECTION 29 OF THE OHS ACT 1991. ANY DECISION OR DIRECTION WHICH COMCARE MAKES IN RELATION TO THE DISPUTE WILL BE ACCEPTED BY ALL AFFECTED PERSONS AND WILL BE COMPLIED WITH.

  11. THE ENFORCEMENT INSTRUMENT • OPTIONS FOR ENFORCEMENT THAT HAVE BEEN ENDORSED BY THE COMMISSION INCLUDE: • LETTER OF STATUTORY OBLIGATION – ISSUED IF AN INVESTIGATION REVEALS THAT A PERSON NEEDS A REMINDER OF THEIR OBLIGATIONS UNDER THE ACT. • LETTER OF WARNING – ISSUED IF AN INVESTIGATION REVEALS A BREACH OF THE ACT BUT HAS DECIDED NOT TO PURSUE AN ENFORCEMENT OPTION.

  12. THE ENFORCEMENT INSTRUMENT • STATUTORY ENFORCEMENT OPTIONS INCLUDE: • PROVISIONAL IMPROVEMENT NOTICE – HEALTH AND SAFETY REPRESENTATIVES HAVE THE POWER TO ISSUE A PROVISIONAL IMPROVEMENT NOTICE WHERE THEY BELIEVE THAT A PROVISION OF THE ACT AND/OR REGULATIONS IS BEING OR HAS BEEN CONTRAVENED. • IMPROVEMENT NOTICE – AN INVESTIGATOR OFTEN ISSUES AN IMPROVEMENT NOTICE BASED ON THE OPINION THAT A PERSON IS BREACHING A PROVISION OF THE ACT OR REGULATIONS, OR HAS BREACHED A PROVISION OF THE ACT OR REGULATIONS AND IS LIKELY THAT THE BREACH WILL BE REPEATED. • PROHIBITION NOTICE – THIS PROHIBITS AN ACTIVITY THAT THE INVESTIGATOR BELIEVES INVOLVES, OR WILL INVOLVE, AN IMMEDIATE THREAT TO THE HEALTH AND SAFETY OF ANY PERSON.

  13. THE ENFORCEMENT INSTRUMENT • WRITTEN REQUEST FOR PARTICULARS OF ACTION TAKEN OR PROPOSED – THE ACT PROVIDES THAT A WRITTEN REPORT MUST BE PREPARED FOLLOWING AN INVESTIGATION AND THAT A COPY OF THE REPORT WILL BE FORWARDED TO THE RELEVANT EMPLOYER. • PUBLIC INQUIRY – THE ACT PROVIDES THAT THE COMMISSION MAY CONDUCT A PUBLIC INQUIRY FOLLOWING AN INVESTIGATION. • REPORT TO THE MINISTER – THE COMMISSION MAY, IN CERTAIN CIRCUMSTANCES, PREPARE A REPORT TO THE MINISTER.

  14. THE ENFORCEMENT INSTRUMENT • CIVIL REMEDIES AND SANCTIONS INCLUDE: • DECLARATION OF CONTRAVENTION – COMCARE MAY APPLY TO A COURT (FEDERAL OR STATE/TERRITORY SUPREME COURT) FOR A DECLARATION THAT A PERSON HAS CONTRAVENED THE ACT OR REGULATIONS. • PECUNIARY PENALTIES – COMCARE MAY APPLY TO THE RELEVANT COURT FOR AN ORDER THAT THE PERSON PAY A MONETARY PENALTY TO THE COMMONWEALTH. • CRIMINAL PROSECUTIONS – CRIMINAL PROSECUTION IS AVAILABLE FOR SPECIFIC BREACHES OF THE ACT THAT CAUSE DEATH OR SERIOUS BODILY HARM, OR EXPOSE A PERSON TO A SUBSTANTIAL RISK OF DEATH OR SERIOUS BODILY HARM, THROUGH NEGLIGENCE OR RECKLESSNESS.

  15. THANKYOU QUESTIONS?

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