ASSESSMENT TASK 5ASSESSMENT TASK 5

PRESENTATION ON :PRESENTATION ON :

THE LEGAL RESPONSIBILITIES.THE LEGAL RESPONSIBILITIES. THE LEVEL OF THE STAKEHOLDER.THE LEVEL OF THE STAKEHOLDER. THE ENFORCEMENT PROCESS.THE ENFORCEMENT PROCESS. THE ENFORCEMENT INSTRUMENTTHE ENFORCEMENT INSTRUMENT

OHS LEADERSHIP TRAININGOHS LEADERSHIP TRAINING

A BRIEF OVERVIEW OF THE FOLLOWING A BRIEF OVERVIEW OF THE FOLLOWING OHS TOPICS:OHS TOPICS:

THE EMPLOYERS RESPONSIBILITIES.THE EMPLOYERS RESPONSIBILITIES.ENSURING THE PROVISION OF ENSURING THE PROVISION OF INFORMATION, EDUCATION AND TRAINING INFORMATION, EDUCATION AND TRAINING TO ALL EMPLOYEES OF THE AFP.TO ALL EMPLOYEES OF THE AFP.MANAGEMENT OF RISKS.MANAGEMENT OF RISKS.THE ENFORCMENT PROCESS.THE ENFORCMENT PROCESS.THE ENFORCEMENT INSTRUMENT. THE ENFORCEMENT INSTRUMENT.

EMPLOYERS RESPONSIBILITIESEMPLOYERS RESPONSIBILITIES

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

EMPLOYERS RESPONSIBILITIESEMPLOYERS RESPONSIBILITIES

IN CONSULTATION WITH EMPLOYEES YOU WILL:IN CONSULTATION WITH EMPLOYEES YOU WILL:

IDENTIFY HAZARDS, ASSESS ANY ASSOCIATED RISK IDENTIFY HAZARDS, ASSESS ANY ASSOCIATED RISK AND TAKE APPROPRIATE ACTION TO TREAT THE AND TAKE APPROPRIATE ACTION TO TREAT THE RISK.RISK.

CONDUCT A FORMAL DOCUMENTED INCIDENT CONDUCT A FORMAL DOCUMENTED INCIDENT INVESTIGATION OF EACH WORKPLACE INCIDENT INVESTIGATION OF EACH WORKPLACE INCIDENT NOTIFIED TO COMCARE UNDER SECTION 68 OF THE NOTIFIED TO COMCARE UNDER SECTION 68 OF THE OHS ACT 1991. OHS ACT 1991.

PROVIDE INFORMATION AND TRAINING, INCLUDING PROVIDE INFORMATION AND TRAINING, INCLUDING INDUCTION TRAINING, TO ALL EMPLOYEES ON OHS, INDUCTION TRAINING, TO ALL EMPLOYEES ON OHS, INCLUDING HAZARD IDENTIFICATION, RISK INCLUDING HAZARD IDENTIFICATION, RISK ASSESSMENT AND RISK CONTROL MEASURES.ASSESSMENT AND RISK CONTROL MEASURES.

EMPLOYERS RESPONSIBILITIESEMPLOYERS RESPONSIBILITIES

PROVIDE ALL EMPLOYEES WHERE APPROPRIATE PROVIDE ALL EMPLOYEES WHERE APPROPRIATE WITH ANY NECESSARY SAFETY EQUIPMENT AND WITH ANY NECESSARY SAFETY EQUIPMENT AND CLOTHING, TO ENABLE THEM TO WORK SAFELY.CLOTHING, TO ENABLE THEM TO WORK SAFELY.

PROVIDE APPROPRIATE MEDICAL AND HEALTH PROVIDE APPROPRIATE MEDICAL AND HEALTH ADVICE AND FIRST AID SERVICES FOR ADVICE AND FIRST AID SERVICES FOR EMPLOYEES.EMPLOYEES.

ENSURING THE PROVISION OF INFORMATION, ENSURING THE PROVISION OF INFORMATION, EDUCATION AND TRAINING TO EMPLOYEES EDUCATION AND TRAINING TO EMPLOYEES

HEALTH AND SAFETY INFORMATION WILL BE INCLUDED IN HEALTH AND SAFETY INFORMATION WILL BE INCLUDED IN STANDARD OPERATING PROCEDURES, STANDARD TACTICAL STANDARD OPERATING PROCEDURES, STANDARD TACTICAL PLANS, INDUCTION TRAINING AND TRAINING IN SAFE PLANS, INDUCTION TRAINING AND TRAINING IN SAFE SYSTEMS OF WORK AND THE SELECTION, USE AND SYSTEMS OF WORK AND THE SELECTION, USE AND MAINTENANCE OF SAFETY EQUIPMENT.MAINTENANCE OF SAFETY EQUIPMENT.

ON-LINE OHS INDUCTION TRAINING WILL BE MADE ON-LINE OHS INDUCTION TRAINING WILL BE MADE AVAILABLE THROUGH iASPIRE (VIA AFP INTRANET) AND AVAILABLE THROUGH iASPIRE (VIA AFP INTRANET) AND EACH NEW EMPLOYEE MUST COMPLETE WITHIN 4 WEEKS OF EACH NEW EMPLOYEE MUST COMPLETE WITHIN 4 WEEKS OF COMMENCEMENT. EXISTING EMPLOYEES MUST COMPLETE COMMENCEMENT. EXISTING EMPLOYEES MUST COMPLETE ON-LINE BY 31 AUGUST 2010. THIS TRAINING IS REFLECTED ON-LINE BY 31 AUGUST 2010. THIS TRAINING IS REFLECTED AGAINST INDIVIDUAL PDA’s. AGAINST INDIVIDUAL PDA’s.

ALL MEMBERS OF AN OHS CONSULTATIVE COMMITTEE ARE ALL MEMBERS OF AN OHS CONSULTATIVE COMMITTEE ARE ENCOURAGED TO ATTEND SUITABLE ACCREDITED TRAINING ENCOURAGED TO ATTEND SUITABLE ACCREDITED TRAINING TO HELP THEM PERFORM THE ROLE. COMCARE REGULARLY TO HELP THEM PERFORM THE ROLE. COMCARE REGULARLY DELIVERS A TRAINING COURSE CALLED ‘MAKING THE MOST DELIVERS A TRAINING COURSE CALLED ‘MAKING THE MOST OF HEALTH AND SAFETY COMMITTEES’.OF HEALTH AND SAFETY COMMITTEES’.

MANAGEMENT OF RISKSMANAGEMENT OF RISKS

SUPPORT AND ENCOURAGE STAFF MANAGING SUPPORT AND ENCOURAGE STAFF MANAGING RISKS AND DOCUMENTING RISK IDENTIFICATION RISKS AND DOCUMENTING RISK IDENTIFICATION AND TREATMENTS SO THAT APPROPRIATE AUDIT AND TREATMENTS SO THAT APPROPRIATE AUDIT TRAILS ARE MAINTAINED.TRAILS ARE MAINTAINED.

ENSURE THERE IS ADEQUATE ACTIVE ENSURE THERE IS ADEQUATE ACTIVE PARTICIPATION IN THE RISK MANAGEMENT PARTICIPATION IN THE RISK MANAGEMENT PROCESS BY A WIDE CROSS-SECTION OF PROCESS BY A WIDE CROSS-SECTION OF STAKEHOLDERS.STAKEHOLDERS.

ENSURE FORMAL RISK ASSESSMENT PROCESSES ENSURE FORMAL RISK ASSESSMENT PROCESSES ARE COMPLETED AS REQUIRED.ARE COMPLETED AS REQUIRED.

ENFORCEMENT ACTIONENFORCEMENT ACTION

IF AN EMPLOYEE ACTED HONESTLY AND IF AN EMPLOYEE ACTED HONESTLY AND REASONABLY, WAS ACTING IN THE NORMAL REASONABLY, WAS ACTING IN THE NORMAL COURSE OF THEIR DUTIES AND WAS ADHERING COURSE OF THEIR DUTIES AND WAS ADHERING TO POLICIES AND PROCEDURES IN PLACE AT TO POLICIES AND PROCEDURES IN PLACE AT THE WORKPLACE, ENFORCEMENT ACTION WILL THE WORKPLACE, ENFORCEMENT ACTION WILL NOT BE PURSUED. ENFORCEMENT ACTION MAY NOT BE PURSUED. ENFORCEMENT ACTION MAY BE PURSUED IF THE EMPLOYEE HAS:BE PURSUED IF THE EMPLOYEE HAS:

1.1. DISOBEYED CLEAR SAFETY POLICY AND DISOBEYED CLEAR SAFETY POLICY AND INSTRUCTIONS.INSTRUCTIONS.

2.2. ACTED RECKLESSLY.ACTED RECKLESSLY.3.3. BEEN GROSSLY NEGLIGENT.BEEN GROSSLY NEGLIGENT.4.4. WILFULLY IGNORED AN OBVIOUS HAZARD.WILFULLY IGNORED AN OBVIOUS HAZARD.

THE ENFORCMENT PROCESSTHE ENFORCMENT PROCESS

WHERE POSSIBLE HEALTH AND SAFETY ISSUES WILL BE RESOLVED WHERE POSSIBLE HEALTH AND SAFETY ISSUES WILL BE RESOLVED BETWEEN THE RELEVANT TEAM LEADERS AND EMPLOYEES IN THE BETWEEN THE RELEVANT TEAM LEADERS AND EMPLOYEES IN THE WORKPLACE IN WHICH THE ISSUE HAS BEEN RAISED.WORKPLACE IN WHICH THE ISSUE HAS BEEN RAISED.

TO FACILITATE RESOLUTION OF HEALTH AND SAFETY ISSUES IN TO FACILITATE RESOLUTION OF HEALTH AND SAFETY ISSUES IN THE WORKPLACE, AND TO PREVENT AND SETTLE ANY POTENTIAL THE WORKPLACE, AND TO PREVENT AND SETTLE ANY POTENTIAL DISPUTE, PARTIES AGREE TO THE FOLLOWING DISPUTE DISPUTE, PARTIES AGREE TO THE FOLLOWING DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURE:AVOIDANCE AND SETTLEMENT PROCEDURE:

STEP 1STEP 1THE HSR, OR EMPLOYEE, RAISING AN ISSUE WILL WRITE FORMALLY THE HSR, OR EMPLOYEE, RAISING AN ISSUE WILL WRITE FORMALLY TO THE IMMEDIATE COORDINATOR/TEAM LEADER OUTLING THE TO THE IMMEDIATE COORDINATOR/TEAM LEADER OUTLING THE BASIS OF THE COMPLAINT.BASIS OF THE COMPLAINT.

THE COORDINATOR/TEAM LEADER WILL HAVE THE RESPONSIBILITY THE COORDINATOR/TEAM LEADER WILL HAVE THE RESPONSIBILITY AND THE AUTHORITY TO INVESTIGATE AND RESOLVE THE MATTER AND THE AUTHORITY TO INVESTIGATE AND RESOLVE THE MATTER WITHIN 3 WEEKS TO THE SATISFACTION OF ALL PARTIES.WITHIN 3 WEEKS TO THE SATISFACTION OF ALL PARTIES.

THE ENFORCMENT PROCESSTHE ENFORCMENT PROCESS STEP 2STEP 2

IF THE DISPUTE IS NOT ABLE TO BE RESOLVED AT THE COORDINATOR/TEAM IF THE DISPUTE IS NOT ABLE TO BE RESOLVED AT THE COORDINATOR/TEAM LEADER LEVEL IT MAY BE REFFERED TO THE NEXT SUPERVISORY LEVEL. LEADER LEVEL IT MAY BE REFFERED TO THE NEXT SUPERVISORY LEVEL. OHS MANAGEMENT ADVICE IS AVAILABLE FROM THE AREA OHS ADVISOR OHS MANAGEMENT ADVICE IS AVAILABLE FROM THE AREA OHS ADVISOR AND/OR MEMBERS OF THE HEALTH AND SAFETY TEAM THROUGHOUT THE AND/OR MEMBERS OF THE HEALTH AND SAFETY TEAM THROUGHOUT THE DISPUTE PROCESS.DISPUTE PROCESS.

STEP 3STEP 3IF THE DISPUTE IS NOT ABLE TO BE RESOLVED AT THE WORKPLACE, AND IF THE DISPUTE IS NOT ABLE TO BE RESOLVED AT THE WORKPLACE, AND ALL AGREED STEPS FOR RESOLVING IT HAVE BEEN TAKEN, THAN:ALL AGREED STEPS FOR RESOLVING IT HAVE BEEN TAKEN, THAN:

1.1. THE AFP MAY MAKE A REQUEST TO COMCARE THAT AN THE AFP MAY MAKE A REQUEST TO COMCARE THAT AN INVESTIGATION BE CONDUCTED AT THE WORKPLACE TO RESOLVE INVESTIGATION BE CONDUCTED AT THE WORKPLACE TO RESOLVE THE MATTER.THE MATTER.

2.2. THE HSR MAY MAKE A REQUEST TO COMCARE THAT AN THE HSR MAY MAKE A REQUEST TO COMCARE THAT AN INVESTIGATION BE CONDUCTED AT THE WORKPLACE TO RESOLVE INVESTIGATION BE CONDUCTED AT THE WORKPLACE TO RESOLVE THE MATTER.THE MATTER.

3.3. THE HSR MAY ISSUE A PROVISIONAL IMPROVEMENT NOTICE UNDER THE HSR MAY ISSUE A PROVISIONAL IMPROVEMENT NOTICE UNDER SECTION 29 OF THE OHS ACT 1991.SECTION 29 OF THE OHS ACT 1991.

ANY DECISION OR DIRECTION WHICH COMCARE MAKES IN RELATION TO THE ANY DECISION OR DIRECTION WHICH COMCARE MAKES IN RELATION TO THE DISPUTE WILL BE ACCEPTED BY ALL AFFECTED PERSONS AND WILL BE DISPUTE WILL BE ACCEPTED BY ALL AFFECTED PERSONS AND WILL BE COMPLIED WITH.COMPLIED WITH.

THE ENFORCEMENT THE ENFORCEMENT INSTRUMENTINSTRUMENT

OPTIONS FOR ENFORCEMENT THAT HAVE BEEN OPTIONS FOR ENFORCEMENT THAT HAVE BEEN ENDORSED BY THE COMMISSION INCLUDE:ENDORSED BY THE COMMISSION INCLUDE:

1.1. LETTER OF STATUTORY OBLIGATIONLETTER OF STATUTORY OBLIGATION – – ISSUED IF AN INVESTIGATION REVEALS ISSUED IF AN INVESTIGATION REVEALS THAT A PERSON NEEDS A REMINDER OF THAT A PERSON NEEDS A REMINDER OF THEIR OBLIGATIONS UNDER THE ACT.THEIR OBLIGATIONS UNDER THE ACT.

2.2. LETTER OF WARNINGLETTER OF WARNING – ISSUED IF AN – ISSUED IF AN INVESTIGATION REVEALS A BREACH OF INVESTIGATION REVEALS A BREACH OF THE ACT BUT HAS DECIDED NOT TO THE ACT BUT HAS DECIDED NOT TO PURSUE AN ENFORCEMENT OPTION.PURSUE AN ENFORCEMENT OPTION.

THE ENFORCEMENT THE ENFORCEMENT INSTRUMENTINSTRUMENT

STATUTORY ENFORCEMENT OPTIONS INCLUDE:STATUTORY ENFORCEMENT OPTIONS INCLUDE:

1.1. PROVISIONAL IMPROVEMENT NOTICE PROVISIONAL IMPROVEMENT NOTICE – HEALTH AND – HEALTH AND SAFETY REPRESENTATIVES HAVE THE POWER TO SAFETY REPRESENTATIVES HAVE THE POWER TO ISSUE A PROVISIONAL IMPROVEMENT NOTICE WHERE ISSUE A PROVISIONAL IMPROVEMENT NOTICE WHERE THEY BELIEVE THAT A PROVISION OF THE ACT AND/OR THEY BELIEVE THAT A PROVISION OF THE ACT AND/OR REGULATIONS IS BEING OR HAS BEEN CONTRAVENED.REGULATIONS IS BEING OR HAS BEEN CONTRAVENED.

2.2. IMPROVEMENT NOTICEIMPROVEMENT NOTICE – AN INVESTIGATOR OFTEN – AN INVESTIGATOR OFTEN ISSUES AN IMPROVEMENT NOTICE BASED ON THE ISSUES AN IMPROVEMENT NOTICE BASED ON THE OPINION THAT A PERSON IS BREACHING A PROVISION OPINION THAT A PERSON IS BREACHING A PROVISION OF THE ACT OR REGULATIONS, OR HAS BREACHED A OF THE ACT OR REGULATIONS, OR HAS BREACHED A PROVISION OF THE ACT OR REGULATIONS AND IS PROVISION OF THE ACT OR REGULATIONS AND IS LIKELY THAT THE BREACH WILL BE REPEATED.LIKELY THAT THE BREACH WILL BE REPEATED.

3.3. PROHIBITION NOTICEPROHIBITION NOTICE – THIS PROHIBITS AN ACTIVITY – THIS PROHIBITS AN ACTIVITY THAT THE INVESTIGATOR BELIEVES INVOLVES, OR WILL THAT THE INVESTIGATOR BELIEVES INVOLVES, OR WILL INVOLVE, AN IMMEDIATE THREAT TO THE HEALTH AND INVOLVE, AN IMMEDIATE THREAT TO THE HEALTH AND SAFETY OF ANY PERSON.SAFETY OF ANY PERSON.

THE ENFORCEMENT THE ENFORCEMENT INSTRUMENTINSTRUMENT

4.4. WRITTEN REQUEST FOR PARTICULARS OF ACTION WRITTEN REQUEST FOR PARTICULARS OF ACTION TAKEN OR PROPOSEDTAKEN OR PROPOSED – THE ACT PROVIDES THAT A – THE ACT PROVIDES THAT A WRITTEN REPORT MUST BE PREPARED FOLLOWING WRITTEN REPORT MUST BE PREPARED FOLLOWING AN INVESTIGATION AND THAT A COPY OF THE AN INVESTIGATION AND THAT A COPY OF THE REPORT WILL BE FORWARDED TO THE RELEVANT REPORT WILL BE FORWARDED TO THE RELEVANT EMPLOYER.EMPLOYER.

5.5. PUBLIC INQUIRYPUBLIC INQUIRY – THE ACT PROVIDES THAT THE – THE ACT PROVIDES THAT THE COMMISSION MAY CONDUCT A PUBLIC INQUIRY COMMISSION MAY CONDUCT A PUBLIC INQUIRY FOLLOWING AN INVESTIGATION.FOLLOWING AN INVESTIGATION.

6.6. REPORT TO THE MINISTERREPORT TO THE MINISTER – THE COMMISSION MAY, – THE COMMISSION MAY, IN CERTAIN CIRCUMSTANCES, PREPARE A REPORT IN CERTAIN CIRCUMSTANCES, PREPARE A REPORT TO THE MINISTER.TO THE MINISTER.

THE ENFORCEMENT THE ENFORCEMENT INSTRUMENTINSTRUMENT

CIVIL REMEDIES AND SANCTIONS INCLUDE:CIVIL REMEDIES AND SANCTIONS INCLUDE:

1.1. DECLARATION OF CONTRAVENTIONDECLARATION OF CONTRAVENTION – COMCARE MAY – COMCARE MAY APPLY TO A COURT (FEDERAL OR STATE/TERRITORY APPLY TO A COURT (FEDERAL OR STATE/TERRITORY SUPREME COURT) FOR A DECLARATION THAT A SUPREME COURT) FOR A DECLARATION THAT A PERSON HAS CONTRAVENED THE ACT OR PERSON HAS CONTRAVENED THE ACT OR REGULATIONS.REGULATIONS.

2.2. PECUNIARY PENALTIESPECUNIARY PENALTIES – COMCARE MAY APPLY TO – COMCARE MAY APPLY TO THE RELEVANT COURT FOR AN ORDER THAT THE THE RELEVANT COURT FOR AN ORDER THAT THE PERSON PAY A MONETARY PENALTY TO THE PERSON PAY A MONETARY PENALTY TO THE COMMONWEALTH.COMMONWEALTH.

3.3. CRIMINAL PROSECUTIONSCRIMINAL PROSECUTIONS – CRIMINAL PROSECUTION – CRIMINAL PROSECUTION IS AVAILABLE FOR SPECIFIC BREACHES OF THE ACT IS AVAILABLE FOR SPECIFIC BREACHES OF THE ACT THAT CAUSE DEATH OR SERIOUS BODILY HARM, OR THAT CAUSE DEATH OR SERIOUS BODILY HARM, OR EXPOSE A PERSON TO A SUBSTANTIAL RISK OF DEATH EXPOSE A PERSON TO A SUBSTANTIAL RISK OF DEATH OR SERIOUS BODILY HARM, THROUGH NEGLIGENCE OR OR SERIOUS BODILY HARM, THROUGH NEGLIGENCE OR RECKLESSNESS.RECKLESSNESS.

THANKYOUTHANKYOU

QUESTIONS?QUESTIONS?