Trying to succeed

1. Question 2
Copy of
Review the website:
https://www.ohs.unsw.edu.au/hs_hazards/index.html
Why is it necessary for an individual who has a medical condition that may give rise to a life threatening situation,
when working after hours or alone to notify his or her supervisor of the condition?
The appropriate way of looking at this question, as quoted by Margaret Thatcher “We cannot
learn from one another until we stop shouting at one another, until we speak quietly enough so
that our words can be heard as well as our voices”. As early invention is one of the
underpinning values and philosophy of this sector and work environment and is an important
investment in the future of children, families, and the community, in providing important building
blocks that develop resilience to, or skills to avoid, challenges that may be faced, particularly at
key turning points and transitions in people lives. (As with the above scenario) Government
investment in early intervention also potentially avoids or reduces the need to direct significant
amounts of public money in the future toward the lengthy and expensive programs that are
required to address serious and engrained problems.
“Access and Equity” is about removing the obstacles and addressing the opportunities created
in this process. In CSW this means ensuring that people with differing individual needs and
abilities have the same opportunities to successfully gain the necessary skills, knowledge and
experience through education and training irrespective of their age, disability, colour, race,
gender, religion, sexuality, family responsibilities or location. In understanding and addressing
the Community Service needs of everyone, with the aide of Diversity in recognising and valuing
of individual differences. “Disability” the definition under the Act is broad and includes physical,
intellectual, psychiatric, sensory, learning neurological, physical disfigurement and the presence
of the body of disease causing organisms. So as you can imagine there is a lot of scope in
dealing with “Access and Equity” and Equity, it also understands the relevant legislation that
protects you and your client/aspirant and gives both parties choice of opportunity in developing
the process involved.
The Equal Opportunity Act 1984 (SA),
Racial Discrimination Act 1975 (Federal), the Sex Discrimination Act 1984 (Federal) and the
Disability Discrimination Act 1992 (Federal) makes discrimination and harassment in the
provision of education, employment and the provision of goods and services unlawful. Equal
Opportunity law also makes lawful the establishment of special processes, measures or
schemes, for the benefit of employees or clients from equity targeted groups, which are
designed to correct past disadvantages.
The Occupational Health, Safety and Welfare Act 1986 also requires that all employees and
clients be provided with a safe and healthy working and learning environment free from
discrimination and/or harassment. (This is important to show that if this was in place in 1986
and the new Work Health and Safety Act 2011, so therefore it show that there is no excuse for
failing to report a change in his/her circumstances to their relevant supervisor) Everyone has a
role to play to ensure that health and safety is a priority in the workplace. The Work Health and
Safety Act 2011 (WHS Act) and Work Health and Safety Regulations 2011 require persons who
have a duty to ensure health and safety to ‘manage risks’ by eliminating health and safety risks
so far as is reasonably practicable, and if it is not reasonably practicable to do so, to minimise
those risks so far as is reasonably practicable.
Perceptions are the result of perceiving – they are the product of individuals gaining knowledge
through seeing, hearing or through the other senses (Glendon et al 2006, pp 83, 189; Reber
and Reber 2001, p 519). Perceptions involve an immediate or intuitive recognition,
understanding or insight. In work health and safety, perceptions may concern the types and

2. severity of risks, the quality of the work environment and conditions, management or supervisor
commitment and responsiveness to health and safety matters, and arrangements for managing
health and safety, among other factors.
This where it is vital in the initial employment phase, that the induction policies and procedure
handbook is update. The CSO charter on education and training example [Community workers:
derive satisfaction from helping other people, recognise inequality in society and possess a
desire to promote change, empower and educate clients to act on their own behalf, work
independently and as a member of team, have the ability to communicate effectively with
others, assess, plan, implement and evaluate projects and programs have the skills and
flexibility to work with multiple client groups in a variety of settings] Having the knowledge,
printed material in front of you is one thing, but unless there is some sought of understanding of
the basic fundamental’s of law, then having all the material becomes irrelevant.( i.e. code of
practice etc.) This is where understanding the variances in the Law apply and the categories of
laws:
CRIMINAL LAW – the prohibition and punishment by the state of conduct consider harmful to
the general community. CIVIL LAW – the creation and enforcement of private legal rights and
duties between individuals. Thus can in compass other facets of law too, TORT LAW – the rules
of liability for harm done by one person to another person or their property. CONTRACT LAW –
the law of private agreements that give rise to legally enforceable rights and duty. AGENCY –
the use of a representative to acquire or discharge legal rights or duties. CONSUMER
PROTECTION LAW – the protection of consumers in their dealings with suppliers of goods or
services. CORPORATIONS LAW – the creation, organisations, and administration of
companies. PROPERTY LAW – the acquisition and transfer of private rights in goods and land.
ADMINISTRATIVE LAW – rules governing the processes of official decision-making.
CONSTITUTIONAL LAW - the organisation, powers and processes of government.
INTERNATIONAL LAW – the regulation of affairs between sovereign states. NATIONAL LAW –
the law applied within the borders of a particular state. JURISPRUDENCE – the science (or
philosophy) of law. BUSINESS LAW – rules that have a particular relevance to business
activities, taken selectively from the more traditional categories of law, such as contract law,
agency law, tort law, banking law, insurance law, corporations law, and tax law.
While Australia has agreed to be bound by these major international treaties, they do not form
part of Australia’s domestic law unless the treaties have been specifically incorporated into
Australian law through legislation. Some provisions of a treaty may however already exist in
national legislation. For instance, many of the provisions contained in the Convention on the
Rights of People with Disabilities are mirrored in Australian law through the Disability
Discrimination Act 1992 (Cth). The principle reflects the fact that agreeing to bound by a treaty
is the responsibility of the Executive in the exercise of its prerogative power, whereas law
making is the responsibility of the parliament. (Section 51xxix of the Australia Constitution, ‘the
external affairs’ power, gives the Commonwealth Parliament the power to enact legislation that
implements the terms of those international agreements to which Australia is a party. For further
information on the treaties and conventions that Australia has signed see the Department of
Foreign Affairs and Trade (DFAT) Treaty Database {http://www.dfat.gov.au/treaties/index.html]}
Examples:” Australia’s rights and freedoms: legislative framework Commonwealth -
Commonwealth of Australia Constitution Act 1900 (UK) - Freedom of Information Act
1982 - Racial Discrimination Act 1975 - Sex Discrimination Act 1984 - Disability
Discrimination Act 1992 - Age Discrimination Act 2004 -Human Rights and Equal
Opportunity Act 1986 - Human Rights (Sexual Conduct) Act 1994 - Privacy Act 1988 -
Workplace Relations Act 1996 – From
<https://www.dfat.gov.au/facts/democratic_rights_freedoms.html>"
The Access and Equity Framework's four principles, and the corresponding performance
indicators, address key responsibilities of government:

3. Responsiveness – Extent to which programmes and services are accessible, fair and
responsive to the individual needs of clients/aspirant.
Communication – Open and effective channels of communication with all stakeholders
Accountability – Effective and transparent reporting and review mechanisms
Leadership – A whole of government approach to management of issues arising from
Australia’s culturally and linguistically diverse society.
Another good resource tool, to put the above into some perspective, is VMOST and its five
components are:
VISION – This is your organisation’s purpose, in terms of values or how it goes about doing
business. It should inspire staff, and help customers/aspirants understand why they would want
to use the company’s products or services.
MISSION – This is also your organisation’s purpose, but expressed in terms of key measures
that must be reached to achieve your vision.
OBJECTIVES – These are specific goals that you must meet to achieve the mission.
STRATEGY – This is the overall plan you’ll follow to meet your objectives.
TATICS – These are specific sets of actions needed to execute your strategy.
AVOIDING MISUNDERSTANDING - Use probing questions to seek clarification, especially
when the consequences are substantial. This is also important not to jump to conclusions, and
the tool “ THE LADDER OF INFERENCE”
This was first put forward by organisational psychologist (Chis Argyris and used by Peter Senge
in The Fifth Discipline: The Art and Practice of the Learning Organisation.)
The Ladder of Inference describes the thinking process that we go through, in our sub-
conscious, usually to get a fact to a decision or action. The thought process, in its stages can be
seen as rungs on a ladder. Therefore starting at the bottom of the ladder, we have reality and
facts and from there we: experience these selectively based on our beliefs and prior
experiences: Interpret what they mean: Interpret what they mean: Apply our existing
assumptions, sometimes without considering them: Draw conclusions based on the interpreted
facts and our assumptions: Develop beliefs based on these conclusions: Take actions that
seem “right” because they are based on what we believe.
This can create a vicious circle. Our beliefs have an enormous effect on how we select from
reality, and can lead us to ignore the true facts altogether. In no time at all we are jumping to
conclusions – by missing facts and skipping steps in the reasoning process. By using the
Ladder of Inference, you can learn to get back to the facts and use your beliefs and experiences
to positive effect, rather than allowing them to narrow your field of judgement. Following this
step-by-step reasoning can lead to better results, based on reality, so avoiding unnecessary
inaccuracies and disagreements.
SELECTED REALITY
REALITY FACTS
CONCLUSIONS
ASSUMPTIONS INTERPRETED REALITY
THE LADDER OF INFERENCE
ACTIONS BELIEFS

4. Work health and safety regulation – regulators’ compliance support initiatives, inspection and
enforcement may influence organisations or individuals.willingness and capacity to comply.
There is promising evidence that:
initiatives that use practical problem solving and dialogue between regulatees and regulators
(or their agents), can build capacity and foster motivation to comply
inspection captures management attention and encourages preventive action
prosecution prompts organisations to reconsider their management of work health and safety
and take preventive action (but this is more likely through specific deterrence among those
prosecuted than general deterrence among others)
regulators’ and inspectors’ approaches to communicating and interacting with regulatees, and
attention to procedural fairness, impact on how regulatees respond.
The wider context - an organisation’s interactions with and position in relation to external actors
and the distribution of responsibilities, resources and power between them, affect that
organisation’s willingness and capacity to comply
Research about socio-psychological factors – there are many gaps in our understanding of how
socio-psychological factors influence organisations’ and individuals’ actions in relation to work
health and safety, and how socio-psychological factors can be shaped or influenced. This report
proposes a series of questions to guide work health and safety research relating to motivations,
attitudes, perceptions, knowledge and skills, and organisational culture.
Jamieson et al (2010) examined the effect of prosecutions for work health and safety offences on the
practices and procedures of 19 non-prosecuted employers in New South Wales and Victoria, including a
mix of large, medium and small organisations. Prosecution had some impact on the participating
organisations (see section 7.4) but respondents also expressed other motivations for compliance
including a moral and ethical duty to provide a safe workplace, concern about their self-insurer status
and reputational concerns In her study of corporate management of social and legal responsibility
generally, Parker established the plurality of top management motivations for self-regulation (Parker
2002, chs 3 and 4). These included the potential for a competitive advantage, a sense of responsibility
under a social contract, the need to garner good publicity and legitimacy in public eyes, litigation or the
threat of it, and personal moral codes.
In demonstrating due diligence, section 27 of the WHS Act requires officers to show that they
have taken reasonable steps to: - acquire and update their knowledge of health and safety
matters - understand the operations being carried out by the person conducting the business or
undertaking (PCBU) in which they are employed, and the hazards and risks associated with the
operations - ensure that the person conducting the business or undertaking has, and uses,
appropriate resources and processes to eliminate or minimize health and safety risks arising
from work being done - ensure that the person conducting the business or undertaking has
appropriate processes in place to receive and respond promptly to information regarding
incidents, hazards and risks - ensure that the person conducting the business or undertaking
has, and uses, processes for complying with duties or obligations under the WHS Act. For
further information about what is ‘reasonable’, refer to Safe Work Australia, Interpretive
Guideline—model Work Health and Safety Act—the health and safety duty of an officer under
section 27.
The principal duty holder under the “Work Health and Safety Act 2011 (WHS Act)” is person
conducting a business or undertaking (PCBU) and this includes {the Commonwealth, Commonwealth
Authorities, and non-Commonwealth licensee, principal contractors. In some cases, there may be
multiple PCBU’s who share responsibilities under the WHS laws.} Broadening the responsibility from
employer to PCBU means that WHS Act coverage extends beyond the traditional employer /

5. employee relationship to include new and evolving work arrangements and risks. (As stated in
the initial question above.)
The substantial and historic change to health and safety laws in Australia was to bring about a
harmonised and implementation of a uniformed approach which most States and Territories
comply with under one central framework. “The laws for health and safety changed on 1st
January 2012, the former Occupational Health and Safety Act 1991 (OHS Act) changed to the
Work Heath and Safety Act 2011(Cth) (WHs Act)” The major significant change that harmonise
the WHS Act for Commonwealth employees includes the change in definition from employee to
worker. Which processes that the traditional relationship between the employer and employee
under the former OHS Act broadens beyond the traditional employment relationships.
The WHS Act applies the overriding principle that workers and other persons should, so far as
is reasonably practical, be given the highest level of protection against harm to their health,
safety and welfare from hazards and risks arising from work. This level of protection cannot be
achieved without the input of workers and HSRs.
This methodology has covered a diverse range of subjects with the common theme that it all
concerns with the sociological and psychological factors and their potential significance to
understanding organisations’ (CSO) and the individual’s willingness and capacity to comply.(As
in the initial question.) Realistically this is a board and diverse subject, that to be completely
understood and applied correctly, it needs intervention from quite a lot of different professional,
academics including {psychology, sociology, anthropology, education and regulation etc.} This
is why I like this saying “When reading a book, just don’t read the cover, but its contents too and
myself believe than research is the ultimate key to acquiring ultimate knowledge and
understanding. Cover Contents Research and never judge a book by it’s cover and contents
until you have done the research as well.” The challenge is considering whether and how this
jigsaw, reflects the bigger picture, of the CSO. The relationship that exists between workers,
HSR, officers, PCBU is creating, developing a safety culture within the CSO. The principal
outcome of preventing work-related death, injury and disease.
So in summary - One the primary duty of care is the responsibility of the person conducting the
business of undertaking, however a duty of care, some degree will apply according to the extent
of a individuals involvement with the workplace. Two a duty of care cannot be transferred to
another individual, and a individual can have more than one duty by quality of being in more
than one class of duty holder, and officers of a corporation have a positive due diligence
obligations.
When we are dealing in a work environment in regards to our clients/aspirants right to safety
and adequate care, this brings us into the area of concepts of duty of care and negligence. This
has been developing through common law, that is a series of judgements made in senior courts.
This is where the rules are deriving from for concepts of duty of care and negligence. i.e. “So in
establishing that the plaintiff owes a duty of care to the defendant. Failure of the +defendant to
operate with reasonable standard of care in their duty of care. The defendant causes a breach
is caused by the defendant for failure in their duty of care {reasonable standard care}, thus the
damage suffer by the plaintiff, this damage suffered by the plaintiff was reasonably avoidable”.