Company Newsletters and Memos



Company Newsletters and Memos

Memo - Advance Waste Company

The difference between the OHS Act, the OHS Regulation and COP (code of practice) and the legal requirements in the workplace.

The legal requirements in Australia have been harmonized across states through the introduction of WHS or work health and safety. The model WHS Act has been implemented in most of the Australian states already and is working to make businesses and workers comply with the WHS with ease. The main difference between OHS Act, Regulations and code of practice is that regulations are enforced by law. On the other hand, a code of practice gives guidelines on how the regulation must be met ideally (Kosny, 2012). I this context, it is imperative to state that although codes are not enforceable legally, they can be used in the court of law as a means of evidence for and against someone or some action taken by someone. The Acts for different states in Australia can be different.

Sources of relevant legislation

Health and Safety of workers in Australia is the responsibility of the government body by the name of Safe Work Australia. This is a central body which not only determines and designs the legislations pertaining to health and safety but also those related to compensation of employees. Other sources of legislation include WorkCover, Australian Council of Trade Unions, Standards Australia, Comcare, Australian Chamber of Commerce and Industry.

The relevant OHS legislation, including the Act and the Regulation and COP (code of practice) to this situation

The situation at hand is that a person has been injured as a result of a mishandling of instrument at work. As per the OHS, it is the responsibility of the employer to safeguard his employees, and secure their welfare. The source of risk was an instrument which was not covered for electric shocks. Hence, the relevant law suggests that the employee in this case can sue the employer on behalf of employer's negligence to the welfare and safety of employees at work (Swuste & Eijkemans, 2002).

Specific Legal responsibilities of the employer including Duty of care

OHS has been formulated with a specific objective in mind. The underlying objective is to define the responsibilities of permanent as well as contractual employers to provide protection to employees against all risks. In addition, it is expected of the employer to involve the employees and take their consent in case any issue arises. All risks must be eliminated at their source. Duty of care refers to the joint responsibility of the employer as well as the employees to make the work environment safe. The employer can do this by providing safe systems and the employees can contribute by following the directions that are given by the employer fort safe operations of a certain machine.

How enforcement is administered and what penalties apply under the relevant legislation

The enforcement of OHS is the responsibility of individual employers and is also ensured by organizations such as ...