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Duty of Care - Safety Talk
 

Duty of Care - Safety Talk

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This Slideshare presentation is a partial preview of the full business document. To view and download the full document, please go here:
http://flevy.com/browse/business-document/duty-of-care-safety-talk-487


Many people do not realise that refusing or failing to observe company safety rules and safety procedures or instructions from their supervisor is, in fact, breaking the law. People don?t appreciate that, as an employee, they have certain legal obligations with regard to their own safety and the safety of other people in their workplace.

A failure to recognise and meet these legal obligations can result in:
? injury or harm to yourself;
? injury or harm to other people; and
? you being prosecuted.

Occupational safety legislation operates in the same fashion as other aspects of the law. Ignorance of the law is no defence for committing an offence. For this reason it is important that you recognise and understand what your responsibilities are under the Duty of Care.

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Duty of Care - Safety Talk Duty of Care - Safety Talk Document Transcript

  • Duty of Care Page 1 of 12 © PA Services Group - SMARTsafe 2013 Document Number: ST001 Revision 2013 1.0 Duty of Care SAFETY AWARENESS KEPT SIMPLE SMARTsafe Safety Talks – ST001 This pack contains: • 7 - Page Talk Text • 10 - OHP Presentation Slide Pack Using the talks (Extract “How to Present Safety Talks”): Plan which topic you want to discuss with your team. Read through the script before you hold the meeting to familiarise yourself with the material. Start the talk with a comment that makes the topic relevant to the team. For example, if you have seen a number of people using ladders incorrectly, use this as your opening comment. Follow the script but don’t read straight from the page. The script is only a prompt and it will sound better if you use your own words. Ask the questions as they appear in the script. It is important you do this because they are a lead in to the next section of your talk. Give the team enough time to answer the questions. Safety talks can be boring for the team if you are the only one talking. Hand out the information sheets as they appear in the script. Don’t hand out all the information sheets at the start of the talk otherwise there is a temptation for the team to read ahead and not listen to the points you are making. Collect the information sheets at the end of the talk so they can be used again. Safety Talk Mini - Delivery Pack To obtain your full Safety Talk Delivery Pack go to: www.smartsafe.com.au The full Safety Talk pack contains MS Office Editable documents : • 7 - Page Talk Text • 10 - OHP Presentation Slide Pack • 20 - A5 talk Handout Sheets • Assessment and Assessment Answers Sheet • Employee Attendance Register • A “How to Present Safety Talks Guide”
  • Duty of Care Page 4 of 12 © PA Services Group - SMARTsafe 2013 Document Number: ST001 Revision 2013 1.0 For example, an employer is required, under the Duty of Care, to provide employees with adequate Personal Protective Equipment. Employees are required, under the Duty of Care, to correctly use and maintain the provided Personal Protective Equipment. If both parties meet their duty to one another then the likelihood of accidents are reduced and the workplace is made safer. However, if either party does not meet its duty to the other, this cannot be achieved. As we look at the duties of the employer and the employees in more detail, you will begin to see how the example of the coin makes sense. EMPLOYEE’S DUTY OF CARE As an employee you have a general duty to: ensure your own safety and health at work; and avoid adversely affecting the safety and health of any other person through any act or omission. The term “act” means doing something that puts people at risk. The term “omission” means by not doing something, you would put people at risk. As an employee, you also have other more specific duties. “What are some examples of the specific duties employees have with regard to safety and health?” Hand out sheet 2 – The employee’s duties You must follow instructions given by the employer for your safety or the safety of other people. This means: obeying company safety rules; following safety procedures; and following work instructions given by your Supervisor. You must correctly use personal protective clothing and equipment that has been provided by the employer. This means: wearing the correct type of Personal Protective Equipment for the work you are doing; and wearing the equipment correctly. You must not misuse or deliberately damage any equipment provided in the interest of safety and health. This means you must not: interfere or tamper with firefighting equipment; interfere or tamper with first aid equipment and facilities; obstruct or deface safety signs; nor This document is a partial preview. Full document download can be found on Flevy: http://flevy.com/browse/document/duty-of-care-safety-talk-487
  • Duty of Care Page 7 of 12 © PA Services Group - SMARTsafe 2013 Document Number: ST001 Revision 2013 1.0 Bryan knew he had a responsibility to do something about the hazard because he thought to “cover himself” by reporting the hazard to his Supervisor. Bryan has not really “covered” himself at all and his failure to clean up the spillage has contributed to Frances’ accident. Bryan was capable of correcting the hazard and chose to pass the responsibility on to someone else - the Supervisor. Bryan was wrong in doing this and obviously does not fully understand what his Duty of Care is to other employees. It is true that he has a responsibility to report a hazard to his Supervisor but only if he is unable to correct it himself. Bryan made no attempt to: clean up the spillage; or warn others in the area of the hazard. The message is that if you identify a hazard in the workplace and you are capable of safely correcting it, then do so immediately. Leaving it for others to fix or merely telling your Supervisor about it is not meeting your Duty of Care to others. “In what way did the Supervisor fail to meet his Duty of Care?” Hand out sheet 6 – The Supervisor The Supervisor failed to protect the safety and health of another employee. The Supervisor failed to take appropriate action after a hazard was reported to him. Although the Supervisor got “tied up” on the telephone, this is not a valid reason for his lack of action. The Supervisor should have arranged for the immediate clean up of the spillage and could have done this quite easily by instructing Bryan Smith to do it. “In what way has John Mack failed in his duties as an employee?” Hand out sheet 7 – John Mack John Mack has: failed to ensure his own safety; and failed to ensure the safety and health of another employee. John’s failure in meeting his Duty of Care was a major contributing factor in the accident and the injuries sustained by Frances. This document is a partial preview. Full document download can be found on Flevy: http://flevy.com/browse/document/duty-of-care-safety-talk-487 View slide
  • Duty of Care Page 10 of 12 © PA Services Group - SMARTsafe 2013 Document Number: ST001 Revision 2013 1.0 THE CONSEQUENCES When employees and employers fail to meet their Duty of Care responsibilities, there is always the likelihood of an accident occurring. However, there are also legal penalties that can be imposed when an employee or an employer fails to meet their Duty of Care responsibilities. Hand out sheet 10 – The consequences If you fail to meet your duties as an employee you may be liable to be fined. The amount varies from state to state but could be up to $20,000. Additionally, if your failure to meet your duties as an employee results in death or serious harm to another person, you may be liable for even higher fines. If employers fail to meet their Duty of Care responsibilities with the changes which came into effect on 1 January 2005, a corporation convicted of the most serious offence can now be fined up to $500,000 for a first offence. A subsequent offence attracts a maximum penalty of $625,000. For the first time, courts will be able to send an offender to prison for 'gross negligence' - that is, where there was a disregard for the likelihood of death or serious harm occurring and, where death or serious injury did result from the contravention This document is a partial preview. Full document download can be found on Flevy: http://flevy.com/browse/document/duty-of-care-safety-talk-487 View slide
  • Duty of Care – ST001 © PA Services Group - SMARTsafe 2013 SMARTsafe Safety Talks – ST001 Duty of Care SAFETY AWARENESS KEPT SIMPLE This document is a partial preview. Full document download can be found on Flevy: http://flevy.com/browse/document/duty-of-care-safety-talk-487
  • Duty of Care – ST001 © PA Services Group - SMARTsafe 2013 Provide employees with adequate Personal Protective Equipment. Ensure the safe use of plant and substances in the work place. To provide and maintain safe workplaces, plant and systems of work. Provide employees with adequate information, instructions, training and supervision. Consult and co-operate with elected safety and health representatives. Report all accidents involving fatal or major injuries to the relevant State Government Safety Inspectorate. Sheet 3 – The Employer’s Duties This document is a partial preview. Full document download can be found on Flevy: http://flevy.com/browse/document/duty-of-care-safety-talk-487
  • Duty of Care – ST001 © PA Services Group - SMARTsafe 2013 The Supervisor has failed to enforce safety and health procedures. He failed to take appropriate action after the hazard was reported to him. He should have arranged for the immediate clean-up of the oil spill. Sheet 6 – The Supervisor This document is a partial preview. Full document download can be found on Flevy: http://flevy.com/browse/document/duty-of-care-safety-talk-487
  • Duty of Care – ST001 © PA Services Group - SMARTsafe 2013 The employer has failed to enforce a safe system of work. He failed to enforce adequate supervision. He failed to enforce the correct and safe use of plant and equipment. Sheet 9 – The Employer This document is a partial preview. Full document download can be found on Flevy: http://flevy.com/browse/document/duty-of-care-safety-talk-487
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