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The Regulation of OHS in Australia Research Paper


Introduction

The OHS regulation in Australia has undergone transformations owing to elevated levels of industrialization and material processing.

The “National Occupational Health and Safety Strategy 2002-2012” is operational in Australia since its adoption in 2002 by the Ministry of Workplace relations (CCH Australia Limited, OHS Industry and Legal Authorities & Freehills 2007, p. 200).

This central body derives its foundation as a legal conglomerate and different states, commerce chambers, and trade unions choose its members.

The body directs and coordinates state endeavors to avert occupational demise, grievance, and illness in the country. Some roles include conducting research, gathering data, modeling state targets, standards, and capacity development (Kramar, et al. 2011, p 3).

OHSW regulations for 2010 include the advancement of the earlier OHS codes for 1995 and these came fully into force on September 1, 2010.

Among some of the components of the 2010, regulations absent in the former codes include fresh guideline for high danger occupation licenses, fitness necessities, and listing of assessors “Part Seven, Division Four” to permit acceptance of the novel state criterion on Licensing (Johnstone 2003, p.1).

Alteration in the numbering is evident, seemingly, there is a sequential method of listing of each regulation though the parts, and division indications are present. Lastly, various references are altered to mirror the present approved citation.

The Case of Miner’s Death

Considering the first case of the miner’s death and BHP Billiton as outlined by Alisha, it is evident that the OHS policies have impact on the WA’s job system.

The increased occupational related fatality cases forces the company to defend its safety track to retain employees, while at the same time meet the compliance standards for the OHS regulations.

The incidences portray the relevance of OHS regulations in various work settings and outlines likely mishaps that might cause injuries and death (Alisha, 2010).

The involvement of the media and legal authority in termination of work processes in the mine indicate commitment of the government and civil society in ensuring safety and wellbeing of workers in their areas of duty.

It is upon the employers to offer all the obligatory OHS requirements to all their workers, subject to periodical inspections from qualified and authorized officers. Frequent OHS audits are necessary to tame organizations that value profit maximization to the expense of stakeholder safety and health.

Firms have to continue improving their public image and compliance to the existing OHS rules to enjoy undisturbed eternity.

This goes with Alicia’ s sentiments that the WA’s mines management resolve to undertake necessary improvements on their occupational health status before the company suffers greater losses (Alisha 2010).

The civil societies and unions also stand out as pressure groups and lobbyists for safer work conditions in WA as evident in this case.

The Trapped Miner

As acknowledged by the WA Mines management, higher turnovers or financial gains in individual companies do not necessarily replicate into adequate employee safety. The second case occurs in the same goldfield where a person is trapped following a rock fall (Herald Sun 2009).

Although the BHP spokesperson outlines that the victim is safe and not injured, the mining operations stop as the rescue workers try to reach the worker (9News 2009). The family has to be reassured of the worker’s safety and BHP strives to maintain its public image through positive safety response.

It is upon the companies to provide adequate facilities and incentives that ensure employees security at work place. Samantha assures the family of the victim of his life and health that he was able to access food, water, shelter and communication within the purpose-built refugee station about 100M Underground.

The BHP Leinster Mine Case

The third case occurs in the same BHP mining company, where first aid is conducted for minor injuries and another worker remains in trap for about two hours. Risk assessments begin to actualize the intensity of the seismic event.

There is a possible interaction between natural and technological hazards in this mine (Sapienza, 2009). This is a follow up of the previous month’s accident that left a man to stay long overnight underground.

The company terminates all the activities through issuance of prohibition notice until safety measures are fully in place. Unlike the previous incidents, the unions become more assertive on legal action from state government against BHP because of its poor OHS record.

Sapienza outlines that the “workers safety union” took their time to lobby for the federal government to intervene and reprimand the mines as the state had failed (Sapienza 2009). There is struggle by BHP to ward of the indulgence of the media to protect its public image.

This shows the typical approach that most firms under take in situations similar. Media will easily expose their internal inadequacies and hence lower the performance.

Discussion

The foremost intent of the OHS frameworks aims to warrant significant roles in outlining the principles of wellbeing, security, and interests of workforce.

The guidelines outline the principles of security and job activities for employers, processors, and distributors, recruits together with personnel in direct of job areas (Kramar, et al. 2011). Guidelines on OHS are eminent public policy concerns in this nation since 1970s.

There exist approximations of over 23 million wasted labor days annually due to work-related injuries and stress or health conditions (Johnstone 2003, p.1).

OHS legislation encompasses themes, which addresses

  • concepts of roles of care;
  • staff input and representation;
  • instruction and information;
  • episode notice and documentation;
  • licensing, listing or application of permits;
  • auditors;
  • and risk mitigation.

The OHS management scheme is a systemized and certifiable approach of monitoring hazards in various occupations (CCH Editors 2009, p. 25). It relates and coordinates procedures to generate a consistent and exclusive manner of running OHS.

Through the system, there is transfer of accountabilities, tasks, and capital accordingly. This concept is widely acknowledged for improving the safety output by supply string inspiration of employers.

Other than business benefits for provision of commodities and services, certain insurance guidelines need official recognition of OHS running systems.

From the three cases, it is perceptible that there exists great complexity for businesses in aligning to the OHS frameworks, especially in consideration of those that function nationwide. There is a high-approximated yearly general cost of work areas associated sufferers, infirmity and harm.

Likewise, there is again a quantitative non-monetary loss related to bereavement, infirmity, and damage in occupational settings (Kramar, et al. 2011). There are six State Acts, two Territory Acts, one Commonwealth Act covering its workers, then another Act cushioning admiral industry (Rozen & Creighton 2007, p. 72).

These help in the control of OHS in the entire Australia. Jurisdictional disparities in the country are tricky and in view of Productivity Commission, it is indispensable that homogeneous nationalized frameworks and rules require establishment and enforcement.

There exists a force-filled interest to worker commitment to OHS enforcement within all states, predominantly via structures of wellbeing and security ambassadors and committees.

Conclusion

The prime consequence for non-compliance of OHS regulations is described in the bylaws of Australia with severity dependent on the part or magnitude of breach. However, there might be certain specialized frameworks that pertain to other sectors like the mineral.

Despite the reduction in frequency of job-associated losses, grievance and infirmity, several industrial nations still have sound OHS results as compared to Australia.

List of References

Alisha, O. (2010) Miner’s death sparks safety fears. Ultimo, Australian Broadcasting Corporation.

CCH Editors. (2009) Planning occupational health & safety. Sydney, CCH Australia Limited.

CCH Australia Limited, OHS Industry and Legal Authorities, Freehills. (2007) Australian Master OHS and Environment Guide. Sydney, CCH Australia Limited.

Herald Sun. (2009) Miner trapped by rock fall at BHP Billiton mine. Web.

Johnstone, R. (2003) Occupational health and safety, courts and crime: the legal construction of occupational health and safety offences in Victoria. Sydney, Federation Press.

Kramar, et al. (2011). Human Resource Management – Strategy, People, Performance. New York, NY: McGraw Hill.

9News. (2009) Man trapped underground in WA mine. Web.

Rozen, Peter. & Creighton, Burner. (2007) Occupational Health and Safety Law in Victoria. Sydney, Federation Press.

Sapienza, J. (2009) . Web.

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IvyPanda. (2019, October 4). The Regulation of OHS in Australia. Retrieved from https://ivypanda.com/essays/the-regulation-of-ohs-in-australia/

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"The Regulation of OHS in Australia." IvyPanda, 4 Oct. 2019, ivypanda.com/essays/the-regulation-of-ohs-in-australia/.

1. IvyPanda. "The Regulation of OHS in Australia." October 4, 2019. https://ivypanda.com/essays/the-regulation-of-ohs-in-australia/.


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IvyPanda. "The Regulation of OHS in Australia." October 4, 2019. https://ivypanda.com/essays/the-regulation-of-ohs-in-australia/.

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IvyPanda. 2019. "The Regulation of OHS in Australia." October 4, 2019. https://ivypanda.com/essays/the-regulation-of-ohs-in-australia/.

References

IvyPanda. (2019) 'The Regulation of OHS in Australia'. 4 October.

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