Firstly, Tom and Val can show that the gym followed the regulations established in 2010, namely that: Gymnasiums should not do anything that is detrimental to the health of a person. The gym itself is well kept, in order, and follows all safety regulations. The only problem is that they allowed an inexperienced trainer to run the class. It may be because Lisa was inexperienced that she tripped she should have known to have placed the player in another spot. Nonetheless, Val and Tom are guilty of violating both the Industrial Relations Act (QLD) and the Occupational Health and Safety Act (NSW and VIC) which set out the requirements of what employers must do to ensure a safe work environment for employees. Each mandates that employers: Provide a safe workplace for employees who include facilities and work systems ensure that employees are able to safely handle equipment or substances, as well as providing a safe area to store harmful material provide the proper training, supervision, instruction and information in the performance of their roles. (Find Law: Australia Workplace Accidents: What You Should Know) It seems as though each three of these requirements have been violated, although one needs to verify that the first two items are indeed not in order. It may be that place has been given for the recorder to stand, but Lisa did not use this. It may also be that the workplace is safe in every other concern, and the only problem is that Lisa did not receive proper
Section 9(2)(a) of the Civil Liability Act states that when deciding whether a reasonable person would have taken precautions against a risk of harm, the courts consider the probability of harm occurring if care was not taken. Secondly, s 9(2)(b) considers what the gravity/ seriousness of the risk was and whether the defendant should adopt special care if s/he knows that people with particular needs are exposed to the foreseeable risk. However, the teacher/ school authority is not required to protect the student against all risk and sometimes a reasonable response is to do
Additional evidence must be attached to this document. (Photographs witness statements etc can be placed alongside the write up within the Text box or at the bottom of the write-up).
Employers have duties under health and safety law to assess risks in the workplace. Risk assessments should be carried out that address all risks that might cause harm in the workplace. Employers must give employees information about the risks in their workplace and how they are protected, also instruct and train their employees on how to deal with the risks. Employers must consult employees on health and safety issues. Consultation must be either direct or through a safety representative that is either elected by the workforce or appointed by a trade union. It is an employees duty to take reasonable care of their own health and safety. If possible avoid wearing jewellery or loose clothing if operating machinery. If the employee has long hair or wears a headscarf, make sure it's tucked out of the way (it could get caught in machinery). To take reasonable care not to put other people such as fellow employees and members of the public at risk by what they do or don't do in the course of their work. To co-operate with the employer, making sure the employee gets proper training and the employee understands and follows the company's health and safety policies. Not to interfere with or misuse anything that's been provided for their health, safety or welfare. To report any injuries, strains or illnesses they suffer as a result of doing their job (the employer may need to change the way they work). To tell their employer if something
* It is important to have knowledge of the health & safety at work act 1974, because this outlines your responsibilities as an employee, some
Mr. D’ Lake, why are there missing signatures on the produce and deli floor inspection log? This establishes that the employees did not follow the company’s safety procedures
Its main objective is to make sure that employees are afforded a working environment that is free of hazards such as toxic chemical substances, noise pollution, dangers from
In a society where citizens are more aware of their rights and more willing to pursue those rights, the law is having an increasingly greater effect on the practice of education. Negligence, in terms of personal injury liability, is only one aspect of legal action which a teacher may face under current Australian negligence principles. In order to protect the many diverse stakeholders that may arise in such a situation, it is important to identify and clarify the law of negligence and how it operates within a school environment – now and in the future. This essay will do that, firstly, by discussing the current state of liability for teachers pursuant ss 2, 4 and 5 of the Civil Liability Act 2003 (Qld) (‘CLA’) and the prerequisite elements
5.5. It is the responsibility of employees to: Ensure that they take reasonable care to protect their own health and safety and that of their co-workers and other persons in or near the workplace; Report to management any hazardous or potentially hazardous conditions or risks that they identify in their work environment; Participate in
To provide and maintain so far as reasonably practicablea working environment that is safe and without risk to health.
Throughout Australia some workplaces are of high risk as there are many hazards involved in the business that may cause injuries, disease or even the worst possible scenario death to employees, that specific and calculated regulation of practice are applied to control these hazards and make these dangers working conditions for employees as safe as possible.
Ensures a safe work environment, employee safe work habits and patient safety in accordance with regulatory agencies, infection control policies, and process improvement initiatives.
Along with collaborating with your employees when it comes to responsibility for workplace safety, you must also implement training for your employees to teach them how to identify and avoid workplace hazards. Include safety training as part of new employee onboarding and require periodic refresher training to all employees. You should consider making first aid training a part of workplace safety training.
There is a wide range of legislations and regulations that affect health and safety in a business environment. The major piece of legislation is the Health and Safety at work at also known as (HASAWA), which imposes duties on both employees and employers. Employees must work in a safe and sensible way, use equipment correctly, report any potential risks and help identify any training needs. Employers must also provide a safe work area for all employees, provide clearly defined procedures to all staff, ensure that there is safe handling, maintain safe entries and exits. Employers should also provide an adequate temperature, lighting and seating to all employees as well as ensuring visitors are informed of any hazards there
It is important it have a written work Health and Safety Policy for the organizations and businesses which have management systems. The Work Health and Safety Regulation 2011 addresses Major Hazard Facilities in Regulation 558 and Schedule 17(1.2) and requires that the Safety Management System includes a Safety Policy, including the operator’s broad aims in relation to the safe operation of the major hazard facility, and that the safety policy must include and express commitment to ongoing improvement of all aspects of the safety management system. A Work Health and Safety Policy is an explicit statement of business commitment to work health and safety. It will include a statement outlining the importance which is placed on work health and safety and how it is to be implemented.
When working in a career where the employee’s safety is at risk, being informed of one’s rights can prevent accusations that may determine one responsible for their own injury. Sometimes the line of responsibility is very delicate and difficult to determine. One particular case is a clear example of how the knowledge of rights, would have cleared up any misunderstandings regarding responsibility. Some background into the case includes a worker who blames his injury on the negligence of his employer to replace faulty equipment. The employer, on the other hand has accounts of horseplay on the employee’s part. To say the least, it should be illegal to accuse an injured employee of being the party responsible in a workplace injury.