Name: Ho Min How

ID: 1000241

Date: 19-10-2015

Sheet 1
2. i) The variation of accident incidence risks prevailing in different industries or
occupational and other such groups can be measured by taking the number of
accidents as a proportion to the number of employees in each branch. When this is
done, the ratios gained can be regarded as the risk figures of a certain occupation or
industry.
ii) The information provided through recording and reporting enables the enforcing
authorities to identify where and how risks arise, and to investigate serious accidents.
The enforcing authorities are able to help and provide advice on how to reduce injury,
and ill health in the workplace.
3. i) State of health- individuals with medical conditions are more likely to have
musculoskeletal injuries
ii) Fitness- Poor physical fitness, and the obesity that frequently results from it, also
makes us more susceptible to musculoskeletal injuries
iii) Casual addictions- smoking, and the consumption of caffeine or any other
comfort food can actually increase our chances for musculoskeletal injury
4. i) Employees with positive employee attitude about the health and safety
management program will accept responsibility for protecting themselves and will
take the extra steps necessary to protect the health and safety of their co-workers.
ii)

Know what is expected of them at work

Have the materials and equipment to do their work right
Have the opportunity to use their strongest skills on a daily basis

Talk to the employees about their health and wellness

Educate their workers on what alcohol and drug abuse could mean to their co-

workers
Apply physical-conditioning programs

iii)

5.
i) A reason or reasons for acting or behaving in a particular way
ii)

organization's occupational health and safety policy is not stated clearly

staffs are not train or disciplined
employees who like to take high risks
impulsive employees who do not think through when taking action
the occurrence of rebellious employees
employees have no understanding of the changes towards Work Health &
Safety Legislation

iii)

Provide the key elements of knowledge, control and support

Offer the necessary levels of education, training, resources, and authority
Focus your training on principles

6. i) the ability to see, hear, or become aware of something through the senses
ii) Personality, attribution style, age and gender, adjustment strategies.
iii)

Recognize your own perception of your ability to control hazards

Discuss and list the typical hazards associated with your industry or your job
Work with more experienced people from time to time and ask them what

hazards they see then determine if you see the same ones.
Take another look around a new work site with the intent of finding hazards

that you missed the first time.

Read incident reports or investigation reports from others to continuously
learn about new hazards.

12.

13.

There are no visible management commitment

Absence of good safety communication
No trust between management and frontline staff
Insufficient health and safety resources

Get workers involved in making decisions about safety

Establishing an Environmental and OSHA Steering Committee.
Start every group meeting with a report regarding safety since the last meeting

14. i)

Conduct safety meetings

Make safety posters
Have safety induction and training

People respond differently to the same information

Able to reinforce message
Stimulate the interest between employees

Campaigns are not carried out properly

Insufficient campaign materials
Irrelevant campaign materials

The tone used when giving instruction is not appropriate

Repetition of the same instruction may be less likely to be received accurately

by employees
The instruction is ambiguous
Cultural differences like different language may affect verbal instructions

ii)

iii)

15.

such

as bad translations.

16.

Time pressure, high work load and the need to do the job more quickly

increase the likelihood to violate safety procedures

Employees take short-cuts when they are performing operations to create

additional interest or excitement in their work.

Often supervisors and managers differentiate between those rules for which
compliance is paramount and those which can be ignored. When managers and
supervisors ignore some violations, the employees may feel their actions are to
be taken less seriously.

Sheet 2
1. i) Hazard A hazard is any source of potential damage, harm or adverse health
effects on something or someone under certain conditions at work. Basically, a
hazard can cause harm or adverse effects to individuals as health effects or to
organizations as property or equipment losses. Sometimes a hazard is referred to
as being the actual harm or the health affect it caused rather than the hazard. For
example, the disease tuberculosis (TB) might be called a hazard by some but in
general the TB causing bacteria would be considered the "hazard" or "hazardous
biological agent".
ii) Risk - Risk is the chance or probability that a person will be harmed or
experience an adverse health effect if exposed to a hazard. It may also apply to
situations with property or equipment loss. For example: The risk of developing
cancer from smoking cigarettes could be expressed as "cigarette smokers are 12
times more likely to die of lung cancer than non-smokers".

2. i) Criminal law

Maintaining order. Criminal law provides predictability, letting people

know what to expect from others. Without criminal law, there would be

chaos and uncertainty.

Resolving disputes. The law makes it possible to resolve conflicts and
disputes between quarrelling citizens. It provides a peaceful, orderly way

to handle grievances.
Protecting individuals and property. Criminal law protects citizens from
criminals who would inflict physical harm on others or take their worldly
goods. Because of the importance of property in capitalist America, many

criminal laws are intended to punish those who steal.

Providing for smooth functioning of society. Criminal law enables the
government to collect taxes, control pollution, and accomplish other

socially beneficial tasks.

Safe guarding civil liberties. Criminal law protects individual rights.

ii) Civil law

Civil law covers disputes between individuals, companies and sometimes

local or central government.

Civil law disputes are generally the cases in court that are not about
breaking a criminal law. For example, disputes over business contracts or
debts, or disputes between neighbours.

ii)

Common law is also known as case law and is of two types one where
judgments passed become new laws where there are no statutes and the
other where judges interpret the existing law and determines new
boundaries and distinctions. Apart from common law and statutory law,
there are also the regulatory laws framed by various government agencies
that have the authorization to do so once statutes are created by the

legislature.
Statutory laws can be passed by various government agencies of a
country. Thus, there are laws passed by federal and state governments,
ordinances passed by towns and cities all having the power of law. New
laws are issued to meet the needs of the citizens, to resolve outstanding
issues, and to formalize an existing law.

3. i) Civil law

Protects the rights of the individual.

Civil law normally involves one party suing another for damages.
Civil law it is usually in the form of compensation awarded to the

aggrieved party.
In civil law proof required is on a balance of probability.

ii) Criminal law

To protect the rights of the society.

Criminal law is enforced by the state by prosecution.
The remedy in criminal law is punishment for example fine and

imprisonment.
The Burdon of proof required in criminal case is to find beyond
reasonable doubt.

4.
a) Safe place of work - e.g. no trip hazards or spills cleaned immediately
b) Safe system of work - e.g. permits to work for hot work, confined space entry
etc.
c) Safe plant and equipment - e.g. well maintained, guards fitted etc.
d) Competent fellow employees - e.g. adequately selected, trained and
supervised.

5. (i) Negligence is defined as breach of duty of care which results in loss or

injury to the person or entity the duty is owed. Negligence usually includes doing
something that an ordinary, reasonable, and prudent person would not do, or not
doing something such a person would do considering the circumstances,
situation, and the knowledge of parties involved.
ii)

A duty of care is owed.

A breach of duty occurred in that the employee failed to take reasonable

care.
The breach led directly to the loss or damage or injury

iii)

No duty of care.
No breach.
No loss of contributory negligence.

iv)

The employee was acting in the course of its employment.

The employee caused damage or injury by not fulfilling a common law
duty of care.

6.

i) So far as is reasonably practical means that the degree of risk in a particular

activity or environment can be balanced against cost, time, trouble and physical
difficulty of taking measures to avoid the risk.
ii)

Taking care at work for example to take reasonable care of themselves

and others who might be affected by their acts and omissions.

To cooperate with employees and others to enable them to fulfill their

statutory duties.
Not to intentionally recklessly interfering with or misusing anything
provided in the interest of Health, Safety and Welfare.

8.
i.

To ensure they are safe and without risk, so far as is reasonably practicable,
that the article is so designed and constructed that it will be safe and without
risks to health at all times when it is being set, used, cleaned or maintained by
a person at work.

ii.

To carry out or arrange for the carrying out of such testing and examination as
may be necessary for the performance of the duty imposed on him by the
preceding paragraph.

iii.

To take such steps as are necessary to secure that persons supplied by that
person with the article are provided with adequate information about the use
for which the article is designed or has been tested and about any conditions
necessary to ensure that it will be safe and without risks to health at all such
times as are mentioned in paragraph (a) above and when it is being dismantled
or disposed of.

iv.

To take such steps as are necessary to secure, so far as is reasonably

practicable, that persons so supplied are provided with all such revisions of
information provided to them by virtue of the preceding paragraph as are
necessary by reason of its becoming known that anything gives rise to a
serious risk to health or safety.

9.
i.

State the powers given to the enforcement officer under the Health and Safety
at work etc. Act 1974

The right to enter premises, if necessary by enlisting the assistance of a

police officers. Carryout examinations & investigations.

The direct that premises or equipment be left undisturbed for the

purpose of investigations. To take measurements & photographs.

To inspect and / or take copies of documents and records.

To take samples.

To require a person to answer questions and signs a declaration to the

truth of his/her answers.

To take possessions of articles and substances (and to seize and render

them harmless in situations of imminent danger).

ii.

To issue enforcement notices.

Outline the breaches of the Health and Safety at work etc. Act 1974 by:
A) Employer

Exposing workers to the risk of excessive noise.

Working at heights where the risk of falling is not controlled.
Allowing unlicensed operators to use specified equipment (e.g.

forklifts).
Not ensuring that plant is appropriately guarded to eliminate or
minimise exposure of workers to moving parts. Failing to have in place
safe work method statements for work carried out in or near a confined

space.
Not notifying Workplace Health and Safety Queensland (WHSQ)
when a notifiable serious injury or illness occurs at your workplace.

B) The person (contractor) carrying out repairs on the lift.

Constructed so as to minimise the risks of accidents arising from slips,

trips, and falls.

Adequate size and strength for them and any items that need to be on it

10. Several breaches of the Act can be identified here mainly, the company's
responsibility to provide and maintain adequate plant and machinery (section 2), also
provide adequate supervision, senior management could be at fault here if they knew
about the defects and the intention to use the machine. The supervisor and operative
failed to comply with act because they failed to take reasonable care and work in a
safe manner (sections 7 and 8), the wilful misuse of machinery therefore putting
themselves and others at risk.
11. A) Outline the information that an employer must provide to their employees

The risk identified by risk assessment (and those notified to him by other
employees sharing the same workplace).

The preventive & protective measures that are in place.

The organizations emergency arrangements.

The identity of competent persons nominated to implement the emergency

procedures.

B) Identify 4 classes of persons, other than their own employees, to whom an

employer must provide health and safety information.

Other employers employees, & self-employed workers working on the

premises.

Employer of those other employees and any employer sharing the same
workplace.

Temporary staff.

Parents of staff child employees or those on work experience.

Any employment business supplying the employer with temporary staff or

contract labour.

C) Identify the specific circumstances when health and safety training should be given
to employees.
The objective of training is to implement health and safety procedures into specific
job practices and to raise awareness and skill levels to an acceptable standard.
Occasions when employee training may be required are commencement of
employment, reassignment or transfer to a new job, introduction of new equipment,
processes, or procedures ,refresher, annual, or periodic education and training to
ensure skills and knowledge and inadequate performance.