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LAWS6100 Workplace Health And Safety Law

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LAWS6100 Workplace Health And Safety Law

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Course Code: LAWS6100
University: The University Of Newcastle

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Country: Australia


Discuss About The Australia Aims At Reducing Occurrence Of Injury?


The work health and safety laws in Australia aims at reducing the occurrence of injury, illness and death related to work at workplace. All the territories, states and the Commonwealth are in charge of enforcing the health and safety laws in their respective states and the Commonwealth. One of the primary functions of Safe Work Australia’s was to develop a Model Work Health and Safety (WHS) Act which was to be supported by model WHS Regulations. The Model requires a national compliance and enforcement policy for adopting the model in Australia. The Council of Australian Governments (COAG) committed the territories, states and the Commonwealth to develop and apply model work health and safety laws with a view to achieve the harmonization of work health and safety laws in Australia (Holt and Allen 2015).
The fact that the development of the Model has improved the level of protection of workers at workplace is evident from the provisions that have been stipulated in the WHS regulations. The regulations stipulate that every business organization must provide the workers with a safe work environment that has first aid, personal equipment and other medical equipments in case of emergency (Australia 2014). The organizations must maintain major hazard facilities and their emergency plans to ensure safety of the workers. The Model Work Health and Safety Act lays down under Division 3 that persons who are responsible for conducting business or undertakings must ensure that the entrance and the exit of the workplace, and anything that may arise from the workplace does not cause any harm to the health and safely of any persons working in the workplace.
Further, division 2 and section 19 of the Act requires the persons conducting a business must ensure that the health and safety of workers who are carrying out work that is directed by such person. Furthermore, under section 28 of the Act, the workers must exhibit reasonable care with respect to their own health and safety and must act in a manner that does not adversely affect the health and safety of any other persons. The workers must act in compliance with the instruction given by the person conducting the business and must act in conformity with this Act (Hale, Borys and Adam 2015). Moreover, according to Division 5 section 31, any person who commits any act that causes harm or exposes any individual to a risk of death or any serious injury or illness, shall be entitled to imprisonment for 5 years or $30000 fine or both. Any person who owes a health and safety duty but fails to comply with the same shall be liable to pay $ 150000.
The WHS Ministers have agreed to comply with the National compliance and enforcement policy with a view to support the model WHS laws (Schulte et al. 2014). The policy highlights the aims of compliance and enforcement thus, monitoring and enforcing compliance with WHS laws. The harmonization of the WHS laws was part of the COAG National Reform Agenda which was introduced aiming at reducing the regulatory burden. This harmonization of WHS laws aims at safeguarding the health and safety of laws and improving the safety outcomes in workplace.
Reference list
Holt, A.S.J. and Allen, J., 2015. Principles of health and safety at work. Routledge.
Australia, S.W., 2014. Work-related traumatic injury fatalities, Australia 2013. ACT: Canberra.
Hale, A., Borys, D. and Adams, M., 2015. Safety regulation: the lessons of workplace safety rule management for managing the regulatory burden. Safety science, 71, pp.112-122.
Schulte, P.A., Geraci, C.L., Murashov, V., Kuempel, E.D., Zumwalde, R.D., Castranova, V., Hoover, M.D., Hodson, L. and Martinez, K.F., 2014. Occupational safety and health criteria for responsible development of nanotechnology. Journal of Nanoparticle Research, 16(1), p.2153.

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