Diploma of Children’s Services

1. Diploma of Children’s Services CHCOHS501A Manage Workplace OHS Management Systems Element 1 Julie Carmel

4. On an average day • 1 Worker is killed •  300 will injury their back • 20 diagnosed as having hearing loss • 15 or more will break bones

5. Costs • It is estimated that the national cost for workers compensation is in excess of $9.6 billion a year and rising. • These costs are made up of staff rehabilitation, retraining and replacement, replacement of equipment, medical expenses, welfare and insurance, lost production and more. • There are penalties for unsafe work practices. • Each state has there own OHS legislation that governs workplace safety. • Victoria has various legislations and acts that cover workplace safety.

6. Legislation The basic tenants of legislation is to: • Secure the workplace health and safety and welfare of employees • Protect persons at or near workplaces from risks to health and safety that may arise from work activities • Ensure that expert OHS advice is available to employers, employees and contractors • Promote work environments that are adapted to the health and safety needs of employees • Foster cooperation and consultation between employers and employees on matters related to employee health and safety.

7. Costs It is estimated that the national cost fro workers compensation is in excess of $9.6 billion a year and increasing These costs are made up of staff rehabilitation, retraining and replacement of equipment, medical expenses Welfare and insurance, lost production and more There are penalties for unsafe work practices that are set By each individual state under their OHS legislation

8. Victorian Acts and Legislation The main governing act in Victoria is the Occupational Health and Safety Act 2004 This tells employers and employees their obligations under the law.

9. Employers obligations The OHS act states that employers have a responsibility to all employees to provide and maintain a safe working environment that is without risks to health. This applies to everyone that comes onto the premises. This is called Duty of Care

10. Duty of Care The law states that is it is reasonably foreseeable that you might suffer some sort of harm or loss because of something someone else does, then that person owes you a duty of care. Thus someone must act with a reasonable standard of care. If this person does not follow their standard care, and you suffer harm or loss as a result they have been negligent.

11. What is Negligence ? When someone who owes you a duty of care, has failed to act according to a reasonable standardof care and this has caused injury, that leads to damage or loss as a result, they have been negligent You cannot take legal action against someone for being negligent unless you suffer some harm or loss.

12. Reasonable Standard of Care The way in which a person should act to make sure they do not breach their duty of care. A person must act, as a reasonable person would have done in the same circumstances. • The court determines what is reasonable by looking at; • The risk of harm occurring • The possible seriousness of the harm • The burden (difficulty) of removing or reducing the risk • The usefulness of the activity Meaning that if there is a big chance that someone could be seriously injured, a reasonable person would certainly do something to reduce this risk to meet their standard of care

13. How is negligence determined? To determine if negligence has occurred 4 questions need to be satisfied. Did the defendant (person being sued) owe the plaintiff (person suing) a duty of care? Did the defendant breachtheir duty of care? Did the plaintiff suffer an injury or other damage? Was the injury or damage caused as a result of the breach of the duty of care? All these need to be satisfied to establish that the defendant was negligent. (Lawhandbook.gov.au)

14. Lessening Risk in the workplace An employer can:- induct staff Undertake a job safety assessment Training of staff Have a hazard register.

15. Staff induction. It is the duty of employers to induct all new and returning staff on an induction tour of the centre where they are shown exits, fire extinguishers, emergency procedures and their responsibilities, etc and who the OHS officer is.

16. Job Safety Audit Assesses the risk of injury and illness at a workplace. A job safety audit should be performed for each job the employee undertakes.

17. Training Assess and undertake any training that is deemed necessary for the safety and wellbeing of staff, clients and others. This could be training staff to be OHS reps, fire wardens, first aid attendants, fir extinguisher training, lifting procedures, protective behaviours etc.

18. Hazard Register Is determined by a hierarchy of control which priorities preferred options for implementing possible solutions and controls. Hierarchy of Controls priorities are: Elimination Substitution Engineering (making) Administration Personal Protective Equipment.

19. Employees responsibility Although the employer has a duty of care to employees, employees also have an obligation to reasonable care for their own health and safety and the safety of their co-workers. Employees should undertake to maintain OHS at all times in the workplace and not take “shortcuts” that may put themselves or their colleagues in danger. As part of the OHS (2004) Regulations employees are expected to cooperate with their employer, and when they do they have met their obligations under the act.

20. Representation Under the OHS act (2004) each workplace should have an OHS representative whose job it is to see to it that the OHS act is being upheld at all times. The OHS representative should be an independent person and not the employer. It is the job of the OHS rep to undertake regular safety audits and report any findings to the employer to be rectified.

21. In conclusion It is everyone’s responsibility to ensure that workplaces are safe for everyone. Employers and employees both have a responsibility to ensure that everyone makes it home uninjured and alive each night.