Aussie Childcare Network Forum

Hi,
I am really struggling to find the answer to the following question - relating to the industry standards - please help. below I have copied what I have found so far, but has taken too much time.
Any help would much appreciated
Thank you OldChook

1. In the following table, name the relevant legislation's, regulations, codes and standards and how they impact on WHS/OHS in the workplace:
a) The act
b) workplace regulations,
c) codes of practice
d) industry standards
e) State/territory WHS authorities
f) Rights and responsibilities of employers and workers
g) duty of care
h) Hazardous manual tasks
i) Infection control
j) Policies and procedures in Early Childhood Education and Care

Regulation, Law or Code How it Impacts on WHS/OHS in the Workplace

a) The Act - The act: Outlines legal requirements, duties and responsibilities and an overview of how generally to make a workplace safe

b) Workplace regulations - Workplace regulations: These are set out more specific rules and standards regarding hazards or risks that must be followed; non-compliance can result in prosecution, a prohibition notice, an improvement notice, and in some states, on the spot fines.

c) Codes of practice - Codes of practice: These are minimum standards that provide detailed practical information on how to comply with the rules set out in the regulations, you cannot be prosecuted for not following a code of practice, but it is recognized as an approved way of working and can be used to evidence poor practice in a prosecution and should always be followed.

d) Industry standards ??

Give 2 examples. i. ??
ii. ??

e) State/ territory WHS authorities ??

f) Rights and responsibilities of employers and workers

Give 3 examples each.-
Employers
i. Provide and maintain for employees a workplace that is safe and without risk to health.
ii. Ensure other persons, such as families, visitors and contractors, are not exposed to risks to their own health and safety arising from associations with activities.
iii. Consult with their employees about OHS matters that will or are likely to directly affect employees, by identifying hazards and accessing risks and making judgments about risk control.

Workers
i. Take care of their safety and the safety of others that may be affected by their actions.
ii. Cooperate with reasonable OHS actions taken by the employer, follow rules and guidelines.
iii. Do not interfere with safety equipment, (e.g. fire extinguishers).

g) Duty of care ??

Give 3 examples. i.
ii.
iii.

i) Infection control ?? of what ??

j) Policies/ Procedures ??

Give 3 examples. i.
ii.
iii.

In regards to the questions above I have been to the OHS in early childhood services to find some answers along with some other sites and
i am still struggling to find some answers.
Thanks for any help/guidance you give in advance.

Hi Oldchook,

I am really struggling with this question is it asking us to find the national regulation or standard that applies to each of these and give a description of what each of these are and how they relate to whs/ ohs....because I don't exactly know what they want...just wondered if you ended up figuring out EXACTLY what it is they are asking...any tips or guidance would be GREATLY appreciated cheers,


Grey

Hi Lorina,

I'm in S.A.
I have gone through work safe websites and ohs websites but I'm not sure exactly what it is that i am to record next to each??
I keep looking and searching on Google and nothing sticks out at me...please give me an example of what to do. I'm just not getting it I have been going through the websites and it's doing my head in

Sorry to be a pain,
Grey

Grey wrote:Hi Lorina,

I'm in S.A.
I have gone through work safe websites and ohs websites but I'm not sure exactly what it is that I am to record next to each??
I keep looking and searching on Google and nothing sticks out at me...please give me an example of what to do. I'm just not getting it I have been going through the websites and it's doing my head in

Sorry to be a pain,
Grey

Hi Grey,

No, no problem at all! I'll try and help you out...

For SA the WHS Act/ Regulations are Work Health and Safety Act 2012 (SA) (the WHS Act) and the Work Health and Safety Regulations 2012 (SA) (the WHS Regulations).

In regards to the workplace regulations, I would probably just go through the National Regulations and list the ones related to safety.

In regards to the rest of your questions I did find a document that you may find useful:

Safe Work Australia - Community Workers

Hope this helps!

,
Lorina

Hi Everyone
Its a hard question and for the first part, I have wrote

Work Health and Safety Act 2011 (NSW). THe objective of "The Act" is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplace by.
- Protecting Workers
- Provide for fair and effective work place representations
- Promoting the provision of advice, information and education
- Provide frame work
- Maintain laws relating to work health and safety
(www.legislation.nsw.gov.au)

Perhaps its bit too much?

HI all. I have been working on this question for whole day.. and I am wondering if i am sort of on the right track?

a) The act
Work Health and Safety Act 2011 (NSW). The objective of "The Act" is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplace by.
- Protecting Workers
- Provide for fair and effective work place representations
- Promoting the provision of advice, information and education
- Provide frame work
- Maintain laws relating to work health and safety
(www.legislation.nsw.gov.au)

b) workplace regulations,
Workplace Regulations are set out of specific rules and standards regarding hazards or risks that must be followed;
non-compliance can result in
- prosecution,
- a prohibition notice,
- an improvement notice, and
- in some states, on the spot fines

c) codes of practice
A Code of Practice is a practical guide to achieve the standards
of health and safety required under the model Work Health
and Safety (WHS) Act and model WHS Regulations. Codes of
Practice provide duty holders with guidance on effective ways
to manage work health and safety risks. ( Safe Work Australia. www.safeworkaustralia.gov.au)

d) industry standards
Australias standards system is made up of national organisations complied by legal authorities. It is responsible for accreditation and certification of bodies for management system. Industry standards are met, usually by non-government standards organisation charged by the Australian government to meet Australias need for contemporary, nationally aligned standards and related services. Examples can be
- Scheme System for Child Care Centres
- Accreditation of Child Care education providers

e) State/territory WHS authorities
WHS Authority for NSW - WorkCover Authority of NSW
- Advice on improving work health and safety
- Provides licensing and registration for potentially dangerous work
- Some may provide testing services
- May assist in investigations in workplace incidents, and
- Can enforce work health and safety laws in NSW

f) Rights and responsibilities of employers and workers
National Employment Standards (NES)
Rights as an employer
- Determane whether the person can perform the inherent requirements of the job
- Identify any reasonable adjustments may be needed
- establish facts for entitlements such as sick leave, superannuation and other insurances
Responsibilities as employer
- Provide equal opportunities
- Provide safe work place
- Protect employees privacy
- Prevent harassment

Rights as an employee
- Rights for anti-discrmination
- Rights for privacy
- Rights to healthy safe work place
- Respoinsibilities as an employee
- Returning to work after ilnees or injury

Responsibilities as an employee
- Identify of the job requested is reasonable
- Notify work relates incidents
- keep up with the licences
- Must cooperate with employer in matters of health and safety.

g) duty of care
NSW Department of Education and Training Code of Conduct
A duty of care is the legal obligation to provide reasonable care while performing any acts or making any omissions that could foreseeably harm others. The duty encompasses a wide range of matters, including (but not limited to)
- the provision of adequate supervision
- ensuring grounds, premises and equipment are safe for students use - implementing strategies to prevent bullying from occurring in school, and
- providing medical assistance (if competent to do so), or seeking assistance from a medically trained person to aid a student who is injured or becomes sick at school.

(www.dec.nde.gov.au)


h) Hazardous manual tasks
Model Work Health and Safety Regulations 2011 - Hazardous Manual Tasks Code of Practice. In order to manage risk under the WHS Regulations, a duty holder must:
- identify reasonably foreseeable hazards that could give rise to the risk
- eliminate the risk so far as is reasonably practicable
- if it is not reasonably practicable to eliminate the risk – minimise the risk so far as is reasonably practicable by implementing control measures in accordance with the hierarchy of control
- maintain the implemented control measure so that it remains effective
- review, and if necessary revise, risk control measures so as to maintain, so far as is reasonably practicaIble, a work environment that is without risks to health and safety.
(www.safework.nsw.gov.au)

i) Infection control _ only thing I could not get on to....


j) Policies and procedures in Early Childhood Education and Care
Children and Young Persons (Care and Protection) Act 1998
Child Protection (Working with Children) Act 2012, and to guide the work of the Office of the Children's Guardian, the following key corporate policy and procedure documents have been developed
- Code on conduct
- Compliance and enforcement
- Gifts and benefits policy
- Memorandum of understanding between the Children's Guardian, Ombudsman and Official Community Visitors