Non-compliance with WHS

Posted by SkillMaker in Nov, 2014

What is Non-compliance with WHS?

Non-compliance with WHS means that a company is not following the guidelines, rules, and regulations set out by the Work Safety & Health Act.

non compliance with whs word cloud

What is Non-compliance with WHS like?

Non-compliance with Work Safety & Health act regulations is like disregarding the rules of the road and driving however you wish to do so. You would be able to drive like this for a period of time, but sooner or later an officer would catch you, or you would have an accident, and you would have to pay the price for not driving in the manner that you were supposed to. If you are not complying with the regulations set forth in the Work Health & Safety act then for a period of time you will not notice any difference in your business operations, but at some point you will be reported as being in violation of the rules and then you will pay fines, and penalties for not having been in compliance.

What is the impact of Non-compliance with WHS?

The impact of non-compliance to the Work Health & Safety Act by employers affects all people in the community. If an employer is not complying with the safety guidelines set out to protect their employees there is the potential for someone to be severely injured, and for them to receive no compensation for their injury. If a worker is injured, and the employer was not in compliance with safety guidelines then that worker may have to reach out for public assistance in paying their medical costs, or paying for their food. If the worker has a family they may need to reach out to charities, and public assistance programs to help them care for their families, pay their rent, or keep their utility bills paid. The impact of non-compliance with Work health & Safety laws is that the entire community will have to dig deeper in their pockets to provide for people who were injured trying to do the job their employer asked of them.

What is the principal structure of Non-compliance with WHS?

The principle structure of non-compliance may include:

Lack of safety equipment, untrained employees, unsafe work areas

What are the different types of Non-compliance with WHS?

  • Employees who are asked to perform job related duties that they are not trained to perform resulting in possible accidents
  • Employers that do not provide their employees with the proper protective equipment they need to do their job like disposable gloves for employees that might be exposed to harmful substances, or diseases
  • Employers who have their employees use equipment in manners that it was not designed to be used and causing the employee to be putting their life in jeopardy
  • Employers that do not maintain their property can be placing the lives of their employees at risk
  • Employers who ask an employee to lift more than 40 pounds without assistance, or ask employees to do other tasks that are physically demanding without assistance
  • If an employer is not paying into the workers compensation fund for their employees then they are not complying with the rules and regulations
  • Employers who are requiring employees to perform jobs “off the clock” are not in compliance with the WHS act

What terms are used when investigating Non-compliance with WHS?

Some of the common terms you will hear in regards to non-compliance are:

  • Regulation violations are the list of rules that were broken, and the explanation of how those rules were broken
  • WHS Act is the legislative declaration as to what an employer can, and cannot make employees do
  • Workers Compensation is the money that is supposed to be set aside by each employer, for each employee, in case the employee is hurt in an accident on the job
  • Liability is the responsibility a person has for what happens to another person because of a job they had them performing, or an equipment malfunction
  • Code of Practice is the guidelines that an employer implements to protect everyone that works for them

Where can I find more information about a Non-compliance with WHS?

You can read more about the issues of non-compliance with the WHS at the following websites.

http://www.safework.sa.gov.au/whsreview/review.jsp

http://www.workcover.nsw.gov.au/newlegislation2012/Pages/default.aspx

http://www.comlaw.gov.au/details/c2011A00137

 

 

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