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BSBWHS307 Assessment 3 RISK MANAGEMENT CASE STUDY

Assessment 3: RISK MANAGEMENT CASE STUDY

The following is a report from a walk-through health and safety inspection carried out by an officer at a retail motor business. The business is owned by an individual person.

Read the report and answer the questions below:

The inspector has identified that the business is non-compliant in the areas listed as 1, 5, 12, 15, 19, 20, 25, 28 and 29 in the above report

1. Complete the table below:

Write down all the areas that have been identified as non-compliant	Which section of the law has been breached?	What is the penalty for the breach?	What are your suggested control measures?
1 Approved First Aid Kit with eyewash equipment	Section 18	—$150 000.	Installing a first aid kit that is approved by a health expert
5 Floors clean of slip, trip, and fall hazards	Section 17	—$150 000.	Regular monitoring by the maintenance team
12 Fire Extinguishers full, tagged, in the correct position with clear access	Section 20	—$150 000.	Regular monitoring by the maintenance team
15 Ear-plugs/ear protection?	Section 18	—$150 000.	Procuring the earplugs
19All Chemicals listed and list filed in the office	Section 23	—$150 000.	Regular audit
20 All chemical properly labelled with safety & risk information	Section 23	—$150 000.	Regular audit
25 Manual lifting kept to absolute minimum	Section 26	—$150 000.	Effective designing of the plant
28 Regular health & safety/discussions held with employees	Section 13	—$50 000.	Management of the Organisation must plan and organise sessions
29 Injury Reporting System established	Section 20	—$50 000.	Management of the Organisation must establish the system

2. Do you have sufficient knowledge about all the potential risks identified above?

No, I do not have sufficient knowledge. While I have the generic knowledge, however, I lack the legal knowledge of the issues.

3. Who can you get expert advice from in relation to the risks?

I think I need to consult a legal expert to understand the legal aspects of the risk and technical experts related to matters such as designing of the plant

What steps should the business owner take to ensure that work is undertaken in a safe manner in the future

The owner must conduct a safety audit through an expert to understand the risks and then work on risk management.

Write a 100-word note to the business owner advising him about his ‘duty of care’ according to the law. Make sure you refer to the relevant section of the law.

According to section 19 of the WHS Act 2011, a business owner has a ‘duty of care’ towards the workers. While in many jurisdictions, the duty of care is a social contract and is not defined by the law, however, in Australia, it is a legal requirement. A business owner must adhere to various standards to ensure that during any business activity, reasonable care is provided to ensure that no harm is caused to anyone at the workplace. In case of negligence, the absence of duty of care is the first element that is focussed on i.e. owner must show that duty of care was followed and the claimant must show that it was breached. Therefore, the business owner must focus on this aspect.

Expert's Answer

The ways of controlling risks are ranked from the highest level of protection and reliability to the lowest as shown in Figure 2 below. This ranking is known as the hierarchy of risk control. The WHS Regulations require duty holders to work through this hierarchy when managing risk under the WHS Regulations.