WHS Policies for Occupational and Safety Health Act- myassignmenthelp

Question: Discuss about theWHS Policies for Occupational and Safety Health Act. Answer: In an organization, the primary duty of care lies upon the persons who carry the business undertakings or the PCBUs. The PCBUs are conferred with the responsibility to ensure that the employees of the organization are acting in compliance with the workplace safety and health policies and procedures of the organization (Gray et al., 2014). The workplace Health and Safety policies in Australia imposes certain duties on the persons who exercises control over the workplace such as persons who are responsible for operating fittings, fixtures or plant. Law further imposes duties on the directors, officers, workers and the other staffs within the organization. In the Bounce fitness organization, according to section 19 of the Occupational and Safety Health Act 1984, the duty of the PCBUs to exercise duty of care is not only restricted to the employees but also to all other persons who may become subject to risks resulting from the conduct or omission of the PCBUs. The primary duty includes duties with respect to the actual physical workplace ensuring safe workplace condition and safety of fixtures, fittings, plants and machines used within the workplace (Sekendiz et al., 2014). Although a gym operator has several providers such as personal trainers, still the gym operator is often considered as a PCBU with respect to health and safety of the personal trainers and the clients of the independent contractors. The employer must ensure that the employee, staffs and other staffs of the organization are not exposed to hazards and he must take every reasonable measures to reduce or eliminate the hazards identified within the workplace that may res ult in injuries. The gym operator owed a duty of care towards the workers, which includes the employees, contractors, volunteers, and the workers of the contractors. According to Division 2 clause 1.4 of the Occupational and Safety Health Regulations 1996, the employers of a workplace is responsible for matters over which he is entitled to exercise control and for the works done by the employer and his employees within the workplace. The duty of care of the employer is also restricted to employee and other persons who shall be affected for any conduct or omission on part of the employer and his employees. Section 20 of the Act requires the employees to take reasonable care to for ensuring his or her own safety and health at work and avert any conduct or omission that might cause injury to the other person within the workplace (De Lyon, Neville Armour, 2017). The employees committing breach of the duty shall be liable for gross negligence and shall be imposed fine of $2500 for first offence and $31250 for second offense under section 20A of the Act. The breach of employers duty shall entitle the employer to be liable for Level 4 penalty. According to Division 2 clause 5.3 of the Regulation, it is imperative to determine hazardous substances within the workplace to prevent any injuries resulting from such substances. One of the primary duties of an employer is to promote consultation and co-operation between the employees and the employers. The employers are required to co-operate and consult with health and safety representatives with respect to health and safety matters. Consultation process is essential for maintaining and providing a health and safety workplace within the organization (Gray et al., 2015). The participation of the employees is essential in the consultation process as the employees are aware of the risks that are associated with the workplace of the organization. The consultation process can be conducted in two ways- the PUBCs will inform the employees about the safety policies and procedures of the organization. The involvement of the employer and employee enables to identify the hazards associated with the organizational workplace and enables the employers to assess the hazards to minimize or eliminate the risk of harm arising from such hazards. The other consultation process includes representation of the Health and Safety representatives where the workers are consulted regarding the health and safety issues that the workers and employees usually face within the workplace. The workers are consulted while any changes are proposed to be made within the workplace (Landsbergis, Grzywacz LaMontagne, 2014). The consultation process ensures the employees that they are an important part of the decision-making process of the organization. In case, any risk has been assessed within workplace, clause 5.22 of the OHS Regulation states that the Centre Manager of Bouncer Fitness is required to ensure that monitoring is done properly and a record is maintained to document such monitoring. The persons who are likely to be affected from the hazards identified within the workplace shall be informed about the result of such monitoring of the hazardous substances. Under clause 5.23(1) of the Regulation, in case the health of any person is likely to be affected due to the exposure of the person to the hazardous substances within the workplace, the manager must conduct medical surveillance of such employee by a medical practitioner. Bounce Fitness has a strict monitoring safety system that has been developed which the Monash Injury Research Institute has confirmed to be effective to the extent that it prevents the occurrence of serious injury while carrying out exercises within the workplace. The general safety rule highlights the risks that are associated with the workplace as the terms and conditions before the clients commence the exercises. In order to prevent the clients from sustaining serious injuries while exercising on the trampolines, safety rules and regulations are clearly posted at the entrance of the trampoline courts, which are regulated and enforced by the floor staffs. In case of any changes, the same are clearly posted within the workplaces at conspicuous places to be visible to the staffs and the clients of the organization. The clients of the organization are provided with adequate trainings and information with respect to workplace health and safety legislations and policies and procedures of the organization (Holt Allen, 2015). The staffs of the Bounce Fitness have significant experiences in the field of gymnastics and sports and other associated activities like spots coaching and circus related performances. Trained trampoline professionals who have been given adequate training in First Aid and CPR monitor the trampoline courts within the workplace of the organization. Moreover, the staffs are acknowledged with the rules and guidelines that are applicable for trampoline exercise, which the trained professionals also enforce. The staffs of the organization encourage and enforce the one person per trampoline for preventing any form of accidents or injuries. The organization provides adequate training to the staffs to exercise additional care to children under 6 years of age prevent adult jumpers from jumping within that area to prevent any form of injuries arising from such activities. The training and instructions provided to employees of the organization are adequate to ensure that the clients do not attempt any activity beyond their skill. Risk assessment is conducted to identify any risks associated with the exercise training services and an implementation of the control measures shall enable the organization to minimize or reduce such risks (Burke Noumair, 2015). The hierarchy of control measures includes eliminating, substituting, isolating, engineering, using of administrative and personal protective equipment. Under the circumstances of the case, the most appropriate way of controlling the risk arising from the use of stock trolleys is the use of administrative control measures, which includes the following measures: warnings or signs that would infirm the clients and other workers as well about any default in the trampoline or other exercise machines; adequate training should have been provided to the staffs and trainers to ensure safety and health of the clients of all age. Pre-start checks should be commenced before permitting the clients to use the exercising machines or sources. Identification of Risk/Hazards Assessment of Risks/ Hazards Control measures Issues relating to qualifications or trainings of staffs Low Requires proof of Minimum qualification of staffs Identify and implement any additional training required Health risks in health training High The clients must comply with the rules and regulations of the Bounce Fitness centre Injuries due to poor maintenance of machines Considerable The centre must ensure that all the machines and equipments are well maintained and are serviced on a regularly First aid response to injuries Moderate A reporting and documentation procedure should be implemented in case of injuries; A first aid kit should always be available within the workplace Exposure to hazardous substances Low A hazardous substance register should be updated and hazardous substance should be replaced with safer materials Hazards on floor like loose carpets, tiles, causing trips or slips Significant The contractors, trainers and the clients are required to wear appropriate footwear and clothing while they enter the fitness centre Source: Cooper Quick, 2017 Presentation attached with the word document. The safety policy of Bounce Fitness is available on the following link https://bounceinc.com.au/our-safety-policy#/ According to Part 3 division 1 Clause 3.1 of the OHS Regulations, the employer of any organization must identify any hazard that is likely to affect any person within the workplace and assess the risk of harm is likely to cause to such person and have regards to the means through which the hazard may be reduced or minimized. According to clause 3.5 of Part 3 Division 1, if an employee makes a report of hazard to the employer, the employer must conduct an immediate investigation with respect to such report. Under the given circumstances, an employee of the Bouncer Fitness reports about a hazard associated with an incorrect setup and a use of a piece of fitness machinery, it is the responsibility of the center manager to investigate the machine under clause 3.5 of the OHS Act. In order to ensure that the default in the machine does not result in injuries to the staffs and clients of the organization, the machines should be re-set up in the appropriate manner. The part of the machine, which has a default in its use, should be replaced or adequate signs or warnings should be placed at a conspicuous place, which would be clearly visible to clients and the staffs within the workplace. This would be an administrative form of control that would enable the organization to minimize or eliminate the risk of harm that is likely to arise either from the use of the defaulted part of the machine or from the incorrect setting up of the machines. The centre manager has a primary duty to ensure health and safety within the organization. Reference List Benach, J., Vives, A., Amable, M., Vanroelen, C., Tarafa, G., Muntaner, C. (2014). Precarious employment: understanding an emerging social determinant of health.Annual review of public health,35. Burke, W. W., Noumair, D. A. 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