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Abstract
It is the duty of the companies to protect the employees from all the hazards. As per the Work Health and Safety Act 2011 (NSW) the companies to create proper rules and regulations for protecting the health of the employees. In this law paper we are analyzing the duties owed under the Act related to a particular situation. We are also analyzing the duties and responsibilities of Health and Safety Representative and Managers in a detailed way.
Question Number One Answer;
i. Wild Water Pty Ltd;
While analysing the case it is clear that the company Wild Water Pty Ltd, failed to follow the rules and regulations as per the Work Health and Safety Act 2011. Now we can analyse the duties owned under act for Wild Water Pty Ltd, in a detailed way;
1. Duty Number One
It is the duty of the company to make sure that the company is providing health care and safety care support to the employees. If it is required the company has to external consultants for improving the working conditions of the employees.
2. Duty Number Two
The company has to support unions for making changes in the workplace health and safety polices.
3. Duty Number Three
The company has to provide training to employees for understanding health and safety procedures and the company also has to appoint specific team for checking the quality of the safety measures (Keim 2018)
4. Duty Number Fou
Proper structure and system has to be implemented for managing the safety issues faced by the organization
5. Duty Number Five
The company has to understand the actual needs of the employees and they have to develop specific policies and practices for solving the issues faced by the employees. (Saha et al 2019). Employee feedback has to collected for understanding the health care and safety needs of the employees.
6. Duty Number Six
A person managing a company or project must guarantee, insofar as possible, far as is practically possible, that other people's health and safety individuals are not endangered as a result of activity performed as part of the business or endeavour management
7. Duty Number Seven
The company also has to provide reasonable care and support to the employees and the organization also have to understand the basic problems faced by the employees.
Offences Against Wild Water Pty Ltd;
1. Reckless conduct
While analysing the case it is clear that the company does not give importance to safety measures offered to the workers. From the case we can understand that the offence is conducted by the company and they have to pay penalty of $3000000
2. Failure to comply with health and safety duty
The company failed to follow the conditions explained in the act and the company failed to protect proper protection to the workers. It is the duty of the company to follow the rules as per the act (Potter et al 2019).
ii. Hydro-struction Pty Ltd; and
While analysing the case it is clear that the design and construction of two new generators at Wild Water was outsourced to Hydro- struction Pty Ltd (‘HS’). The operation manager of the company stated to Ben that All generators are operational but remain incomplete. Temporary tu
ines have been installed strictly for testing purposes only. Wild Water is advised to wait nine months for the installation of Vortex Hydro Tu
ine ordered from China. All orders from China have been significantly delayed.” It is the duty of the HS to provide best quality products to the clients, if they are transfe
ing low quality products, it is the responsibility of the company. Now we can analyse the duties of HS in a detailed way.
Duty to provide certificate of completion
While analysing the case it is clear that the company HS failed to provide certificate of completion to the client. Whatever the request of the company, it is the responsibility of the company to provide best quality products (Generators) to the customers.
Duty to provide clear instructions about the product usage
It is the duty of HS to provide clear instructions to the clients about the product usage. As per Work Health and Safety Act 2011 (NSW) manufacturing organizations has to consider quality of the equipment installed in the organization.
Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures
As per the Work Health and Safety Act 2011 (NSW) he person shall ensure, to the extent reasonably feasible, that the plant or structure is installed, constructed, or commissioned in such a way that the plant or structure poses no hazards to the person's health or safety.
Offences Against Hydro-struction Pty Ltd
As per as per Work Health and Safety Act 2011 (NSW) the companies have to ensure the quality of the materials and they also have to ensure that they used best materials for creating new tools or machines. While analyzing the case it is clear that the company the company violated conditions and rules explained in the per Work Health and Safety Act 2011 (NSW), so they are liable to compensation to the client and they also have to ensure that in future the company provide the machines by having certificate of completion (Hansen et al 2018).
iii.We-Work Pty Ltd.
We-Work Pty Ltd can be called as the hiring company and they have responsibility for providing skilled and competent workers to the company. Now we can analyse the duties of...