Worksafe

Assessment 4 – Case Study

a. How does a worker report an injury?
A worker must notify his employer in writing within 30 days of injury, ideally the injury must be recorded by him or someone on his behalf in workplace's ‘Register of injuries’ as soon as possible (within 30 days or he may not be entitled to compensation).

b. How does a worker make a claim if injured at work?
To make a claim a worker must get a ‘Certificate of Capacity’ first (issued by a medical practitioner) to claim for weekly payments, then complete the ‘Worker's Injury Claim Form’ for compensation. Give both papers to his employer (hand delivered or by registered mail).

c. As an employer you must provide a safe and healthy workplace for your workers and contractors. What 5 things do you need to do to ensure you have a safe working environment? 1. provide and maintain safe machinery and equipment, and safe systems of work (such as controlling entry to high risk areas, controlling work pace and frequency and providing systems to prevent falls from heights) 2. ensure that the use, handling, storage and transport of chemicals (such as dangerous goods and other harmful materials) is safe and without risks to health 3. ensure that the workplace is safe and without risks to health (such as fire exits are not blocked, emergency equipment is serviceable, and the worksite is generally tidy) 4. provide workers and contractors with adequate facilities (such as first aid, clean toilets, clean drinking water, hygienic eating areas, etc) 5. provide as much information, instruction, training and supervision to the workers so that they can work safely.

d. What is OHS consultation and how it should be delivered at the work place?
OHS consultation is a legal requirement for all employers to consult their employees about health and safety matters. It is discussion between employers and employees about potential problems and working together to find solutions. It must involve sharing information about health and safety, allowing employees to express their views, and taking those views into account.

e. State 3 ways employees can be consulted at their work place.
Employees can be consulted in a variety of ways: 1. by involving of elected (by employees) health and safety representative (HSR) 2. by setting up a health and safety committee 3. by holding regular meetings.

f. What is the role of Health and Safety Representatives (HSR) in the workplace?
The role of the Health and Safety Representatives (HSR) is primarily to liaise with other employees to identify health and safety issues and communicate these to employer. Employer in feedback must give all the information to the HSR which will be provided then to employees. g. Read page 52 of the Victoria OHS regulations 2007 and describe 4 ways on how the Act provides for consultation between the employer and the HSR to take place. 1. Provide information to the HSR in a timely way so that the HSR has adequate time to consider the matter. 2. Meet with the HSR to consult about the matter by inviting the HSR, or the HSR can request a meeting with the employer. 3. Give the HSR a reasonable opportunity to express their views about the matter. 4. Take the HSR's views into account before a final decision is made.

h. Can an employer discriminate against a HSR?
No. HSR is protected by ‘OHS Act 2004, section 76’ against discrimination. WorkSafe will investigate promptly and thoroughly allegations or complaints of discrimination against an HSR.

i. Give 3 reasons why it’s important to consult with employees on OHS issues. 1. employees’ knowledge and experience can help to make better decisions about health and safety which means fewer workplace injuries 2. stronger commitment to decisions because everyone is involved in reaching them 3. a tried and tested way of dealing with health and safety problems

j. What’s the difference between the OHS Act, the Regulations and the Codes? * ‘OHS Act’ is a Law, it sets out the key principles, duties and rights. * ‘Regulations’ set out mandatory requirements under the Act. They prescribe procedural or administrative matters to support the Act, such as requiring licenses for specific activities, keeping records, or notifying certain matters. * ‘Compliance codes’ provide practical guidance to those who have duties or obligations under the OHS Act. They aim to provide easy to understand information on how to comply.

k. List the OHS compliance codes in Victoria.
There are 8 compliance codes, based on the webpage: http://www.worksafe.vic.gov.au/laws-and-regulations/occupational-health-and-safety/compliance-codes :

1. Communicating occupational health and safety across languages 2. Workplace amenities and work environment 3. Confined spaces 4. First aid in the workplace 5. Prevention of falls in general construction 6. Foundries 7. Managing asbestos in workplaces 8. Removing asbestos in workplaces