WHS Legislation Assessment

Assessment 1 Part 1 WHS Legislation

Scenario – Additional information

Contractor services have been engaged by ABC Steel to carry out general metal work duties as work has been very busy and the company are understaffed. The contractors are all South Korean nationals who are fast at their work but have little to no English language skills. They have had a 15-minute induction session that was delivered in English but none of the workers has signed off to state they understood what was discussed. It is worth noting that the company does not carry out regular meetings for WHS and there are no elected HSRs or established WHS committee.

On 12th July 2019 one contractor, Kim Lee was working alone, moving, cutting, and welding a manhole cover inside a silo (confined space). After finishing the weld Kim Lee applies a chemical to clean the piece of metal. He was not wearing safety goggles, a face mask, gloves, or hearing protection. The area was quite dark and noisy and at times temperatures can get above 45 degrees Celsius. He was also working unsupervised as it was lunch time, and the supervisor was having lunch while the worker “worked through” to make up time on the job task.

While carrying out the finishing task, the chemical fumes have built up in the area and the contractor has collapsed due to toxic fumes. One of the other Korean workers (Jin) who heard the collapse, runs to the scene to help but he has not been trained in first aid. It is relayed through Jin that Kim needs medical help and an ambulance is called.

After Kim has been taken to the hospital a workplace meeting is called by the factory manager to find out what has happened. It is decided that a factory inspection should be carried out to note any other areas where unsafe situations may be occurring.

Head management has asked that the factory managers sit in at a board room meeting to discuss what the company’s health and safety legal requirements are and to consider implementing a companywide health and safety management system to help make sure these types of injuries do not occur again in the future. Factory 1 manager has also been informed that this incident will need to be investigated to find out areas of non-compliance and where controls have broken down. You will be on the team as the WHS assistant.

1     Initial Review – With reference to the scenario on pages 6 to 8 complete the initial review checklist that ABC Steel management can use to identify areas for improvement.

1.2     Research Activity - As part of a compliance audit, management at ABC Steel has asked you to help them locate relevant legislation and documents that surround the work environment regarding the incident. List the full names of the document and then a web address where they can be downloaded and/or purchased.

1.3     List 10 internal & 10 external sources of information that may assist in organising WHS within the work environment. Then indicate 5 considerations that need to be followed when accessing information.

1.4     Describe the legal differences between the WHS Act/Regulations & Codes of Practice. (Min 1 paragraph answer required)

1.5     As the WHS assistant you are required to complete this workplace activity to assist your manager in understanding WHS legislative requirements at ABC Steel.

There are three parts to this assessment task.

• Step 1- Research – Complete a research task following a request from your manager and document your findings.
• Step 2- Correspondence activity – Email your findings to your manager.
• Step 3- Workplace activity – Prepare information as required by the manager that will later be

1.6     What are the details, functions, powers & purposes of the Work Health and Safety Regulator in your State?

1.7     Workers must be trained in health and safety measures. What are the requirements for training under your State’s Work Health and Safety legislation? (Min 1 paragraph answer required)

1.8     Write an internal report which will be distributed to all parties on the non-compliance issues raised in the opening incident scenario including breaches of Act, Regulations, which Standards, Codes and Guidance material may be applicable with recommendations on corrections, including which policies and procedures may be applicable, who may give legal advice and what training and or tickets/licences may be applicable to rectify these issues. (Minimum. 500 words)

1.9     Management has requested that you help identify and advise them about training for one of the tickets, licences or permits you mentioned within your report. Identify a training organisation where an applicable course is delivered and describe the associated costs and outcomes of the training as well as how it would meet specific WHS legislation requirements.

ROLE PLAY

1.10     EMERGENCY TOOLBOX MEETING:

Carry out a 10 min toolbox meeting with your work group discussing the WHS legislative issues and concerns surrounding the incident on page 10. Record any feedback and suggestions or recommendations within the meeting form below.

You will be assessed on your consultation techniques and methods by your assessor and feedback will be given at the end of the meeting.

All team members are to participate. As well as being assessed on your written documentation of the safety meeting, your trainer will be assessing you in-class on your ability to demonstrate key skills associated with this Certificate IV in Work Health and Safety. The checklist that your trainer will be using for the in-class assessment can be seen over the page.

1.11     Management has asked you to debrief with your team and provide feedback on the consultation process. Please answer each of these questions in this feedback form with a short two-sentence response.

Assessment 1 Part 2 Analyse and Present Research Information

1.12     The company will need to acquire statistics that are:

• Accurate
• Lack bias.
• Have authority.
• Can be understood and
• are relevant to fabricated metal manufacturing.

Name four websites where reliable sources of WHS statistical data and information can be obtained that meet the requirements listed above.

1.13     Describe three (3) examples of internal data you may need for statistical analysis.
(Min 1 paragraph answer required)

1.14     Do you believe the statistics that have been handed to you by management meet the requirements of being accurate, authentic, relevant and do they avoid bias. Explain your reasoning.
(Min 1 paragraph answer required)

1.15     Read each document carefully. Provide a one-paragraph overview for each publication.

1.16     After reading through the statistics, identify three areas you will choose to focus on in your research, analysis and report. You will need to describe why these three areas are relevant to ABC Steel.

These areas can include but are not limited to:

• What is the most likely injury to occur within fabricated metal product manufacturing?
• Which area of the body is an injury likely to occur to?
• What is the frequency rate per million hours worked?
• How many Lost Time Injuries have occurred at ABC Steel?
• What is the expected number of days lost for this type of injury?
• What is the average cost of an injury?

Your findings will eventually be submitted to the HR manager for feedback in a report.

1.17     Work-related injury and disease calculations.

You have been handed a report from a human resources department manager titled ABC STEEL INCIDENT FORM. You will need to identify how many serious claims at ABC Steel there have been in the past 12 months (a serious claim is one full week or more away from work) and then calculate a Lost Time Incident Frequency Rate.  They have also made you aware that 100 workers are working a 40-hour week. After comparing ABC outcomes with the statistics provided in ABS - Australian Workers Compensation Statistics 2018-19.pdf management has asked you and your teammates to provide them with a Statistical Analysis Snap Report which requires you to digest and discuss the statistics and to:

1.17a Calculate ABC Steel’s Serious Claims LTIFR (show workings)

1.17b Explain how this compares to the Australian National Serious Claim frequency rate

1.17c Compare to other trades such as:

• Construction
• Mining and
• Transport, postal and warehousing

All team members are to participate. As well as being assessed on your written documentation of the statistical analysis, your trainer will be assessing you in-class on your ability to demonstrate key skills associated with this Certificate IV in Work Health and Safety. The checklist that your trainer will be using for the in-class assessment can be seen over the page.