Important Challenge for All Industrializedâ€Myassignmenthelp.Com

Question: What Is The Important Challenge For All Industrialized? Answer: Introducation In 21st Century, the most important challenge for all industrialized countries is to ensure that their workers are leading healthy and stress free life. In other words, work should not result in illness to the workers or any injured provision must not be there. It must be noted that poor workplace situations not only adversely affects the workers, but they also affect the the workplace as well as community. There are number of injuries or illnesses which are not recognized by employers, and these minor issues results in major consequences. In New South Wales (NSW), all workers are protected by occupational health and safety laws (OHS) such as full-time workers, part-time workers, permanent workers, and temporary and casual workers. These laws are passed by parliament of NSW. Under OHS laws, duty is imposed on employer to ensure health and safety of their workers and employees while they are working, and also of those who are not their employees at the place of work. However, Work cover NSW is responsible to manage the State's workplace safety, injury management, and compensation system of workers. This work cover also has power to prosecute the employers who fail to fulfill this duty. Acts of parliament: the most important Act which covers all the matters related to health and safety of workers in NSW is the Occupational Health and Safety Act 2000, and this Act came into force from September 2001. It must be noted that this Act states the various requirements related to health, safety and welfare of the workers in NSW, and this act also covers self-employed people as well as employers and employees. However, this act is repealed by Work Health and Safety Act 2011. Code of practice: the main aim of this code is to provide practically guidance for the purpose of achieving standard related to health, safety, and welfare in particular area of work. These codes are published by Government Gazette. There are number of times when Codes of practice are considered in regulations, and in these situations they have the same legal force as the regulations itself. Otherwise, Codes of practice should be followed unless any alternative course of action is introduced for the purpose of achieving better result in this area. Code of Practice does not replace any laws stated by WHS, but these codes are used to understand the obligations stated by Act in easier way. However, these codes are used by inspector while he issuing notice related to improvement or prohibition. It must be noted that codes of practice under the Work Health and Safety Act 2011, are admissible in Court proceedings. Courts consider the Court of practice as evidence to identify the hazard, risk or control, and they are rely on it for the purpose of determining the practices which are reasonable in nature in those situations to which this code relates. Codes of practice are not mandatory in nature and it is recognized by government that there are number of better ways to achieving the required work health and safety outcomes. Therefore, it is considered that many other methods can also be used for achieving the higher or equal standards related health and safety of workers. Therefore it is clear that these codes are only considered as guidance material related to safe work in Australia for achieving the standards under WHS laws (Safe work NSW, n.d.). Work Health and Safety Act 2011 No 10: this Act is introduced for the purpose of securing the health, safety and welfare of workers at workplace, and it is also introduced to repeal the Occupational Health and Safety Act 2000. Some main objects of this Act are to provide framework which is balanced and nationally consistent for the purpose of ensuring the health and safety of workers, and these objects are stated below: Provide protection to workers and other persons also against any harm relates to their health, safety, and welfare by minimizing the risk rose from work, and any specified types of substances or plant. This Act provides fair and effective representation related to workplace, and also ensures consultation, co-operation and solving any issue related to health and safety workers. This Act plays important role in both union and employer organizations for the purpose of ensuring health and safety practices at workplace, and it also assists the persons in conducting businesses or undertakings to achieve work environment which is healthier and safer. This Act promotes the advice promotion, information, education, and training related to health and safety of workers. Through this Act government ensures secure and effective compliance of provisions of this Act and enforcement measures (Safe work NSW, n.d.; Work Health and Safety Act 2011 ). These acts establish both compensation system for workers as well as workplace injury management system, and it provides: Treatment which is prompt in nature and related to injuries at workplace. It also manages these injuries in effective and proactive manner. These acts provide rehabilitation related to medical and vocational for these injuries. It also supports the workers by income during their incapacity. The system also creates compensation system for workers which must be fair, affordable and financially-viable, and it is necessary that this compensation system ensures contributions from their employers and they are commensurate with the risk faced by them in their industry. It must be noted that WHS laws requires that employers and other parties at workplace must consult and cooperate for the purpose of managing risk at workplace, and ensure health and safety of their workers and other also who might have risk from the work. In NSW, principles of WHS law consists of the Work Health and Safety Act 2011, and these principles are supported by Work Health and Safety Regulation 2011. However, this Act is based on the model of WHS legislation which is developed by the Safe Work Australia after consulting with the states and territories, and it applies in all the workplaces of NSW including mines. In NSW, two regulators are present which regulates the principles of WHS that is NSW Department of Industry, Resources and Energy which regulates the mining industry, and Safe Work NSW regulates the other workplace which is formally known as WorkCover. Health and safety duties: this Act broadened the range of people who have a duty of care towards the other people, and additionally it includes duty of employers and business undertakings to manage the risk conducting from their business and this duty is also imposed on those parties who are contributing in the successful management of workplace risks such designers, manufacturers, importers, and equipment suppliers. It must be noted that duty holders must be practicable and try to minimize the risk related to health and life of employees (Lexis-Nexis). PCBUs duties: usually PCBUs duties are similar to the duties of employers under the previous legislation such as PCBU are under obligation to minimize the risk related to health and safety of workers including employees, contractors, and any other person related to work. It is necessary to note that if any two persons share the same duties then they must consult, co-operate, and co-ordinate with each other activities for the purpose of ensuring better results. Officers duty: officer of the company is the person who makes or participates in decision makings, and decisions made by him affects substantially whole or substantial part of the business. Therefore, officer of the company is under obligation to exercise due diligence while taking their decisions and also ensures that organizations are compliance with the law. Workers Duty: this Act not only imposed duties on employers of the organization, but also imposed duties on workers, contractors, and other volunteers. They are under obligation to ensure their own safety and health by complying with the reasonable instructions or policies and procedures which are related to their safety (MJA, n.d.). Explosives Act: this Act is applicable on employer and businesses which are indulged in manufacturing, imports, stores, transports, supplies, handles or used any explosive substance or dangerous substance. For them it is necessary that they complied with this act for the purpose of ensuring health and safety of your workers (Safe work NSW, n.d.). Rural Workers Accommodation Act: This act is applicable if employer has workers who need to live at the work premises for more than 24 hours such as at agricultural or pastoral premises, then in such case employer is liable to provide suitable accommodation for them (Safe work NSW, n.d.). Penalties and fines in case of breach: In NSW, Work Cover has power to initiate inspections, investigations, and compliance audits, and it also has power to issue letter of caution which warns the organization that WHS breach has been detected. Inspectors also has power to issue notice related to improvement or prohibition if they believe that organization or employers are breaching the provisions of the Act or might breach the provisions of the Act. Improvement notice requires that recipient of the notice to remedy the contravention and its causes, and also prevent the contraventions from occurring or reoccurring. However, this notice may set out the methods through which employer or business organization can remedy the contraventions and this letter also state the deadline (Safe Work, n.d.). Inspector can also issue prohibition notice in case that inspector believes that any situation at workplace cause serious WHS risk, and require immediate action for same. This notice is generally applied on employer till the inspector is satisfied that the hazard or risk is rectified or removed, and till that time performance related to that work will be prohibited. A prohibition notice states the methods for remedying that situation, and in case employer does not complying with the same then regulator can take reasonable action to remedy that situation after giving reasonable notice. However, non-disturbance notice can also be issued by inspector for the purpose of preventing disturbance at site on which such notified incident occurred. However, it must be noted that compliance of these requirements gets the support of court injunctions. Fines: following maximum penalties are provided by WHS Act in case of breach, and these penalties are divided on the basis of category of offense complied by employer or business: Category 1 offence- breach under category 1 is considered as most serious breach, and in this it is considered that person at default put the other person to the risk of death or injury. In this category penalty for corporations is $ 3 million, for individual and public officers it is $600,000 and/or five years imprisonment, and for individual workers it is $300,000 and/or five years imprisonment. Category 2 offence- breaches under category 2 is considered as person failed to comply with the duty related to health and safety which put other person at risk of death. In this category penalty for corporations is $ 1.5 million, for individual and public officers it is $300,000, and for individual workers it is $150,000. Category 3 offence- breaches under category 3 is considered as person failed to comply with the duty related to health and safety. In this category penalty for corporations is $ 500000, for individual and public officers it is $100,000, and for individual workers it is $ 50,000 (Workplace OHS, n.d.). References: Safe work NSW. Codes of Practice. Retrieved on 14th May 2017 from: https://www.safework.nsw.gov.au/law-and-policy/legislation-and-codes/codes-of-practice. Safe work NSW. Rural Workers Accommodation Act. Retrieved on 14th May 2017 from: https://www.safework.nsw.gov.au/law-and-policy/legislation-and-codes/rural-workers-accommodation-act. Safe work NSW. Work Health and Safety Act 2011. Retrieved on 14th May 2017 from: https://www.safework.nsw.gov.au/law-and-policy/legislation-and-codes/work-health-and-safety-legislation. Safe work NSW. Explosives Act. Retrieved on 14th May 2017 from: https://www.safework.nsw.gov.au/law-and-policy/legislation-and-codes/explosives-act. Safe work NSW. Workers Compensation Legislation. Retrieved on 14th May 2017 from: https://www.safework.nsw.gov.au/law-and-policy/legislation-and-codes/workers-compensation-legislation. Work Health And Safety Act 2011 - sect 3. Work Health and Safety Act 2011 No 10. Workplace OHS. WHS penalties NSW. Retrieved on 14th May 2017 from: https://workplaceohs.com.au/legislation/nsw-legislation/penalties-nsw. MJA. Workplace safety goes national. Retrieved on 14th May 2017 from: https://www.mja.com.au/careers/196/6/workplace-safety-goes-national. Lexis-Nexis. Employment and Work Health and Safety Law Collection. Retrieved on 14th May 2017 from: https://www.lexisnexis.com.au/en-au/products/employment-and-whs.page. Safe Work. Compliance policy and prosecution guidelines. Retrieved on 14th May 2017 from: https://www.safework.nsw.gov.au/__data/assets/pdf_file/0012/50160/compliance_policy_prosecution_guidelines_2012_4437.p