Rights and Responsibilities of Parties Involved in Workplace Health and Safety

IntroductionFor workplace health and safety to be effective it is important for everyone involved to know what they are required to do

This means that we have to first identify the various parties involved and then identify what they do

Once we do this we need to answer the obvious question “How do we let them know of their roles and responsibilities?”

Parties involved in WHS

• EmployersUnder the OSH ‘Employers’ refers to organisations or businesses when discussing employer responsibilities. Section 19 of the Act describes the responsibilities of the employers.

• SupervisorsSupervisors refers to employees who supervise the work of other employees or contractors at a workplace. They share responsibilities of the employers as described in Section 19.

• EmployeesEmployees under the OSH act refers to persons employed by an organisation and working in an organisation either as an employee or a contractor. The responsibilities described in Section 20 for employees can also be applied to visitors, volunteers and work experience students in workplace as well.

Responsibilities under OSH Act 1984

• Responsibilities of the employers under OSH Act 1984 are described as under in Section 19• Provide safe workplaces for employees such that they are not exposed to hazards as far as is

practicable

• Train, Inform, Instruct and supervise employees to help them work in a manner that is safe and does not expose them to hazards

• Consult with employees and safety and health representatives regarding workplace health and safety

• Provide employees with protective clothing and provide equipment such that they have adequate protection at no charge to employees.

• Make arrangements for use, cleaning, maintenance transportation and disposal of plant or substances such that employees are not exposed to hazards

Responsibilities under OSH Act 1984

• Employers also have the same duty of care towards other parties such as visitors, volunteers or work experience students in matters of workplace health and safety as provided to employees.

• Employers are responsible for holding elections to elect safety and health representatives or appoint a safety and health committee if the workers so request.

• Employers also have a responsibility to investigate and resolve issues within a reasonable period of time from when the issue was raised.

• Employers and Supervisors also have responsibilities to inform all employees about procedures relating to emergency, procedures to follow in the event of an injury and how to resolve complaints and concerns at work.

What does ‘Practicable’ mean?

• We have seen ‘practicable’ used when describing responsibilities of employers and it is important that we consider what this means when it comes to workplace health and safety.

• Practicable refers to the practicality of any measure being used to prevent harm and promote workplace health and safety. Employers are expected to reasonably practicable measures and actions in order to ensure that the workplace is safe and healthy.

• This means the measures have to take in to account the risk and severity of the hazards and potential injuries as well as the cost and feasibility of the safeguards or actions to be taken to mitigate the risk.

• Hence the organisation has to consider what are the consequences of the risk and how feasible is it to mitigate the risk?

Responsibilities of Employees

• Duty of care does not rest with the Employers and Supervisors alone. Employees have responsibilities towards their own duty of care.

• These responsibilities are described under Section 20 of the OSH Act.

• Broadly the responsibilities that employees have can be explained as below• Work safely for their own health and safety

• Ensure that they do not harm other employees by their actions

• Follow reasonable instructions provided by their employers in the performance of their work

• Use protective clothing provided by employers

• Report hazards and injuries and follow procedure for reporting

• Cooperate with the employer when the employer requires them to perform tasks to ensure workplace safety and health is not compromised

Rights and Responsibilities of Employees

• Employees also have a responsibility to participate in consultations and raise concerns by following established procedure

• Additionally employees have the right to the following • Raise concerns with the OSH Representatives and Safety Committee

• Contact Worksafe if concerns are not addressed by the employer

• Refuse to work where there are reasonable grounds to do so on account of imminent threat to health and safety of self and other employees