Report presentation

WORK HEALTH AND SAFETY

Offences and Penalties

Table of content ……………………………………………………………………..pages

Title page 1

Report title 3

1.1. Executive summary 3

1.2. Introduction 3

1.3. Significance of the report 4

1.4. Application of clause in workplace 5

1.5. Liability of offence penalty 5

1.6. Research method 6

1.7. Assumption of the report 6

1.8. Limitation of the report 7

1.9. Conclusion and recommendation 7

References 8

The WHS about offences and penalties

1.1. Executive summary

The work health and safety (WHS) is the legislation act that was developed to enlighten the people about the rights and the rights toward in the work place. The act provides the directives and measures that should be followed in the organization for the workers safety to reach. Therefore across all organizational levels, it is critical to understand how WHS legislation is applied in work place. As portrayed in the WHS codes and regulation of practice, section 274 – 276, the WHS regulations stipulates means in which the duties under WHS (NUL) act should be met and give the prescription on the administrative and procedural requirement so as to support the WHS act . Ingelse, C. (2001).

The guarding premise of the WHS legislative measures is bound on the reasonably practicable (section 18); which holds that, all people should be assumed the highest levels of safety protections from unfavorable conditions that may arise at work place.

1.2. Introduction

The discussion focuses on the offences and penalties that are laid out by the WHS act. The act provides three perspectives of the criminal offence, as a result of the breach of the safety duty. The acts recognizes various penalties predicaments which depend on categories of offence and or whether the due offender is a corporate body, individual, and or officer.

The premise of the penalty categories require that, the holder of the duty who does not have substantiate excuse, engages him/her self into the conduct that exposes him/her self to the death risk, illness or injury. Esnik, B. (2004).

1.3. Significant of the clause

The WHS contributes heavily in the effort to ensure ethic and culture in work place. Moreover the act provides the safety measures that should be followed in the work place so as to trigger coherence among the workers with the organizational goal. The clause does not give room for the breach of the work safety either from the senior staff or from the subordinate staff. The equitability of the clause according to the “ section 28”, gives the complainant power to make a formal request directed to the regulator for prosecution incase the offense occurs and no action is taken against the alleged offence. The ACT further directs the regulator to take action before the three months after the request is brought in place, and give regular update of the investigation and the status of the prosecution giving reasons if the prosecution will not take place. In a nutshell, the importance of this act is not limited to the writ of the habeas corpus where the regulator is required by the law to let the offender know of his allegations and reason why he is prosecuted. Ormerod, D. (2014).

1.4. Application of the clause in the workplace

Subject to the clause ACT section 28, the worker has an obligation to assume care reasonably for their safety, and others in the place of work. In this dimension, the workers are ought to comply with the safety conduct as postulated in the clause and as such, reasonable cooperation with procedure and policy is expected from them as notified to them.

Similar duty is assumed to the other person in the work place as postulated in ‘section 29’ of the act. Anybody at the work place including visitor and customer is expected to take care of his or her safety and that of others who may be affected by their actions.

In this lieu actions should be taken to ensure that there is proper adherence with the clause act. To ensure worker morale and safe working condition, the following actions and implementation plan may be taken into consideration as shown below. Ormerod, D. (2014).

· Safety representatives should be elected in the workplace

· Safety committee should be formed

· At some circumstances, unsafe work should be avoided

· No one should be discriminated for raising offensive issue

1.5. Liability of the offence penalty

In most cases the formal employees are who may be held liable for breach of the safety duty. The work place volunteers are not held liable for failure to comply with the safety duties under; section 28 and section 29 of the other person at the work place. Perhaps, also, the association which is not incorporated cannot be liable of the offence, however it officer except the volunteers can be prosecuted for breach or failure to comply with the safety duty, section 28. Ingelse, C. (2001).

1.6. The research method

The penalty and offensive report has been conducted from the WHS act guide that provides the overview of work health and safety in the work place. The guide was designed with the primary purpose to provide well about on safety and health duty and right at the place of work.

1.7. Assumption of the report

The report was carried out on the following assumptions

· That all workers in the work place needed enlightenment about penalty due to breaching the safety rule

· The act would provide information and advice on work place safety to the community and duty holders.

· The understanding accrued from the report would foster cooperation in the work place

· The report would support and promote training and education on safety and offensive matters.

· Legal proceeding regarding the safety conduct in the work place will be preceded under WHS (NUL) act.

1.8. Report limitation

The study was limited to the following

· Low responsiveness to the public awareness about the safety rules and procedures

· Possible contravention of the WHS (NUL) act

· Possible bias in monitoring and complying with the WHS act

· Negligence to the WHS act and penalty due to bureaucratic.

1.9. Conclusion and recommendations

In conclusion, the report has fetched the importance work place conventions from the WHS act, which provides the worker safety precautions in the work place. Further, the report provides the penalty to the person who breaches WHS act. The final analysis of the report seeks to provide the recommendation and the improvement that may be done on the report to make the WHS act effective in the work place. Firstly, the safety committee should work to avoid contravention to the act. Secondly, the person issued with the improvement notice of contravening the rule should be allowed to extend notice’s compliance time, any time. Ormerod, D. (2014).

References

1. Ingelse, C. (2001). The UN Committee against Torture: An assessment. The Hague: Kluwer Law International.

2. Esnik, B. (2004). Prizadevanja za odpravo smrtni kazni na slovenskih tleh: Diplomsko delo. Ljubljana: [B. Česnik].

3. Ormerod, D. (2014). Blackstone's criminal practice 2014 (24th ed.). Oxford: Oxford University Press