Occupational Health & Safety
PART A - LEGISLATION
Question 1
Briefly outline the OH&S responsibilities of an Agent (employer) to:
i) Employees
ANSWER
Section 8 of the Act contains general requirements for employers to ensure the health, safety and welfare at work of their employees. This means that an Agent as an employer must fulfil the obligations of:
(a) ensuring that any premises controlled by the Agent where its employees work (and the means of access to or exit from the premises) are safe and without risks to health,
(b) ensuring that any plant or substance provided for use by the employees at work is safe and without risks to health when properly used,
(c) ensuring that systems of work and the working environment of the employees are safe and without risks to health,
(d) providing such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work, and
(e) providing adequate facilities for the welfare of the employees at work.
ii) Non Employees
ANSWER
Sections 8 & 9 also require the Agent to ensure that non-employees are not exposed to risks to their health or safety arising from the conduct of the Agency or its staff.
Question 2
List the potential penalties for failure to comply with Section 8 & 9 requirements.
ANSWER
The Act imposes significant penalties for failure to comply with these provisions. An Agent who contravenes, whether by act or omission, Section 8 or 9 is guilty of an offence and can be liable to the following current maximum penalty:
(a) in the case of a corporation (being a previous offender)—$825,000, or
(b) in the case of a corporation (not being a previous offender)—$550,000, or
(c) in the case of an individual (being a previous offender)—$82,500 or imprisonment for 2 years, or both, or
(d) in the case of an individual (not being a previous offender)—$55,000.
Question 3
Is it an offence for an Agent (employer) to NOT have procedures in place to identify hazards at:
i) The Office
ANSWER - YES
ii) On-Site inspections
ANSWER - YES
Question 4
Who needs to be consulted within the development of any proposed OH&S procedures?
ANSWER
Consultation with employees is an essential OH&S obligation as it enables employees to contribute to the making of decisions affecting their health, safety and welfare at work. Such consultation requires:
● the Agent to share relevant information about occupational health, safety and welfare with employees,
● that employees be given the opportunity to express their views and to contribute in a timely fashion to the resolution of occupational health, safety and welfare issues at their place of work, and
● that the views of employees are valued and taken into account by the employer.
Consultation is required in a number of circumstances including when:
● risks to health and safety are assessed or reviewed
● decisions are made about the measures to be taken to eliminate or control those risks
● introducing or altering the procedures for monitoring those risks (including health surveillance procedures)
● decisions are made about the adequacy of facilities for the welfare of employees
● changes that may affect health, safety or welfare are proposed to the workplace, to the systems or methods of work or to the plant or substances used for work
The Act recognises the need for flexibility in the consultation process for small businesses. The enables an Agent with less than 20 employees to conduct the process in a manner agreed to by the Agent and the employees.
By way of example the Agent may hold regular OH&S meetings at which:
● employees can raise OH&S concerns
● results of recent workplace inspections are considered
● proposed changes to the workplace or practices are discussed
● potential new hazards are identified and control measures considered
● employees are asked to provide OH&S feedback
● reports are given on actions implemented since the last meeting.
However, where the Agent employs 20 or more persons it must establish an OH&S committee for the purposes of consultation if a majority of those employees request the establishment of the committee or if WorkCover so directs.
In that situation the Agent has to set up a more formal consultation structure in compliance with the Act and Regulation.
PART B – THE AGENTS COMMON LAW DUTY OF CARE
Question 5
To whom does an Agent owe a common law duty of care?
ANSWER
A ‘duty of care’ is a legal obligation owed under the common law to anyone who it is reasonably foreseeable would be injured or suffer a loss as a result of a lack of care.
The Agent as an employer has such a duty of care to employees and non-employees for the manner in which it conducts it business for injury or loss related to:
● the premises or workplaces where it conducts its business
● the systems of work used and the working environment
● the equipment and substances used at the premises or workplaces
Question 6
Does the agent’s common law duty of care obligations vary according to the location of the agency activities? (eg office Vs site inspections)
ANSWER - No the same duty of care applies.
The Agent owes an OH&S related duty of care to employees and non-employees in the following circumstances:
● to persons on or visiting Agency premises including clients, purchasers, tenants, contractors and other customers –these persons are entitled to be protected against injury and loss resulting from failure of the Agent to maintain safe premises.
● to persons involved with work activities conducted for and on behalf of the Agent including activities such as auctions, open inspections, preparing property reports, visiting properties and negotiating with prospects – these persons are entitled to be protected against injury and loss resulting from failure of the Agent and its employees to maintain safe work practices and systems.
Question 7
Outline two areas of liability an agent has to an employee who is injured in the course of their work activities
ANSWER
The duty of care obligations of the Agent for the health, safety and welfare of employees has been significantly codified by the OH&S legislation. That legislation is supplemented by the obligations of the employer under the workers compensation and workplace injury management legislation. Under the latter legislation the Agent has liabilities for:
● paying compensation to employees
● obtaining and maintaining compulsory workers compensation insurance
● participating in injury management programs for employees
PART C – THE RISK MANAGEMENT PROCESS AND THE AGENT
Question 8
Provide three examples of OH&S risks which an agent should identify PRIOR to allowing the public onto a property.
ANSWER
● torn or damaged floor coverings
● cluttered or obstructed passageways
● unsafe balconies, verandahs, staircases
● unsafe light switches, wiring etc
● rotting or damaged floorboards
Question 9
Explain why a staff induction process should include the Agencies OH&S policies and procedures
ANSWER
So that employees are made fully aware of their rights and obligations for workplace health and safety.
Question 10
Write a risk management procedure which will reduce the risk to agency staff when conducting periodic inspections of tenanted properties.
SAMPLE PROCEDURE – Safety at periodic inspections
Where hostilities exist
Staff members are not to conduct periodic inspections alone where hostilities exist with the tenant. In such circumstances any planned inspection will be postponed until at least two staff members are able to attend the inspection.
General Circumstances
Staff members planning to conduct a periodic inspection/s will before attending any such inspection provide a written schedule to the property manager and agency receptionist listing:
1) the planned appointment/s times
2) relevant property locations
3) Phone contact details of relevant tenants
The staff member will at the completion of each inspection phone in to the office to confirm the inspection has been completed (relevant office staff member to monitor calls from the inspecting officer)
Where the inspecting officer feels in danger or threatened at any inspection they are to dial the office and use a “Code” to indicate they require assistance.
Question 1
Briefly outline the OH&S responsibilities of an Agent (employer) to:
i) Employees
ANSWER
Section 8 of the Act contains general requirements for employers to ensure the health, safety and welfare at work of their employees. This means that an Agent as an employer must fulfil the obligations of:
(a) ensuring that any premises controlled by the Agent where its employees work (and the means of access to or exit from the premises) are safe and without risks to health,
(b) ensuring that any plant or substance provided for use by the employees at work is safe and without risks to health when properly used,
(c) ensuring that systems of work and the working environment of the employees are safe and without risks to health,
(d) providing such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work, and
(e) providing adequate facilities for the welfare of the employees at work.
ii) Non Employees
ANSWER
Sections 8 & 9 also require the Agent to ensure that non-employees are not exposed to risks to their health or safety arising from the conduct of the Agency or its staff.
Question 2
List the potential penalties for failure to comply with Section 8 & 9 requirements.
ANSWER
The Act imposes significant penalties for failure to comply with these provisions. An Agent who contravenes, whether by act or omission, Section 8 or 9 is guilty of an offence and can be liable to the following current maximum penalty:
(a) in the case of a corporation (being a previous offender)—$825,000, or
(b) in the case of a corporation (not being a previous offender)—$550,000, or
(c) in the case of an individual (being a previous offender)—$82,500 or imprisonment for 2 years, or both, or
(d) in the case of an individual (not being a previous offender)—$55,000.
Question 3
Is it an offence for an Agent (employer) to NOT have procedures in place to identify hazards at:
i) The Office
ANSWER - YES
ii) On-Site inspections
ANSWER - YES
Question 4
Who needs to be consulted within the development of any proposed OH&S procedures?
ANSWER
Consultation with employees is an essential OH&S obligation as it enables employees to contribute to the making of decisions affecting their health, safety and welfare at work. Such consultation requires:
● the Agent to share relevant information about occupational health, safety and welfare with employees,
● that employees be given the opportunity to express their views and to contribute in a timely fashion to the resolution of occupational health, safety and welfare issues at their place of work, and
● that the views of employees are valued and taken into account by the employer.
Consultation is required in a number of circumstances including when:
● risks to health and safety are assessed or reviewed
● decisions are made about the measures to be taken to eliminate or control those risks
● introducing or altering the procedures for monitoring those risks (including health surveillance procedures)
● decisions are made about the adequacy of facilities for the welfare of employees
● changes that may affect health, safety or welfare are proposed to the workplace, to the systems or methods of work or to the plant or substances used for work
The Act recognises the need for flexibility in the consultation process for small businesses. The enables an Agent with less than 20 employees to conduct the process in a manner agreed to by the Agent and the employees.
By way of example the Agent may hold regular OH&S meetings at which:
● employees can raise OH&S concerns
● results of recent workplace inspections are considered
● proposed changes to the workplace or practices are discussed
● potential new hazards are identified and control measures considered
● employees are asked to provide OH&S feedback
● reports are given on actions implemented since the last meeting.
However, where the Agent employs 20 or more persons it must establish an OH&S committee for the purposes of consultation if a majority of those employees request the establishment of the committee or if WorkCover so directs.
In that situation the Agent has to set up a more formal consultation structure in compliance with the Act and Regulation.
PART B – THE AGENTS COMMON LAW DUTY OF CARE
Question 5
To whom does an Agent owe a common law duty of care?
ANSWER
A ‘duty of care’ is a legal obligation owed under the common law to anyone who it is reasonably foreseeable would be injured or suffer a loss as a result of a lack of care.
The Agent as an employer has such a duty of care to employees and non-employees for the manner in which it conducts it business for injury or loss related to:
● the premises or workplaces where it conducts its business
● the systems of work used and the working environment
● the equipment and substances used at the premises or workplaces
Question 6
Does the agent’s common law duty of care obligations vary according to the location of the agency activities? (eg office Vs site inspections)
ANSWER - No the same duty of care applies.
The Agent owes an OH&S related duty of care to employees and non-employees in the following circumstances:
● to persons on or visiting Agency premises including clients, purchasers, tenants, contractors and other customers –these persons are entitled to be protected against injury and loss resulting from failure of the Agent to maintain safe premises.
● to persons involved with work activities conducted for and on behalf of the Agent including activities such as auctions, open inspections, preparing property reports, visiting properties and negotiating with prospects – these persons are entitled to be protected against injury and loss resulting from failure of the Agent and its employees to maintain safe work practices and systems.
Question 7
Outline two areas of liability an agent has to an employee who is injured in the course of their work activities
ANSWER
The duty of care obligations of the Agent for the health, safety and welfare of employees has been significantly codified by the OH&S legislation. That legislation is supplemented by the obligations of the employer under the workers compensation and workplace injury management legislation. Under the latter legislation the Agent has liabilities for:
● paying compensation to employees
● obtaining and maintaining compulsory workers compensation insurance
● participating in injury management programs for employees
PART C – THE RISK MANAGEMENT PROCESS AND THE AGENT
Question 8
Provide three examples of OH&S risks which an agent should identify PRIOR to allowing the public onto a property.
ANSWER
● torn or damaged floor coverings
● cluttered or obstructed passageways
● unsafe balconies, verandahs, staircases
● unsafe light switches, wiring etc
● rotting or damaged floorboards
Question 9
Explain why a staff induction process should include the Agencies OH&S policies and procedures
ANSWER
So that employees are made fully aware of their rights and obligations for workplace health and safety.
Question 10
Write a risk management procedure which will reduce the risk to agency staff when conducting periodic inspections of tenanted properties.
SAMPLE PROCEDURE – Safety at periodic inspections
Where hostilities exist
Staff members are not to conduct periodic inspections alone where hostilities exist with the tenant. In such circumstances any planned inspection will be postponed until at least two staff members are able to attend the inspection.
General Circumstances
Staff members planning to conduct a periodic inspection/s will before attending any such inspection provide a written schedule to the property manager and agency receptionist listing:
1) the planned appointment/s times
2) relevant property locations
3) Phone contact details of relevant tenants
The staff member will at the completion of each inspection phone in to the office to confirm the inspection has been completed (relevant office staff member to monitor calls from the inspecting officer)
Where the inspecting officer feels in danger or threatened at any inspection they are to dial the office and use a “Code” to indicate they require assistance.
