Revision (Modules 1-11)

Question 1

What kind of legal approach does OHS law take?

Answer 1

A risk-based approach, meaning it aims to eliminate or minimise risks while acknowledging the workplace health and safety is complex and will never involve zero risk.

Question 2

What is the difference between an Act and a Bill?

Answer 2

an Act is a law enacted by parliament, while a Bill is a proposed Act. A Bill is first introduced through one of the two houses and then goes to the other house for concurrence. If it is agreed to by both houses, it is given the Royal Assent and it becomes an Act.

Question 3

What are codes of practice?

Answer 3

Documents that provide guidance on how to meet a duty of care. they are not legally binding in their own right but may be used as evidence in a non-compliance case

Question 4

List the four levels of court, from lowest to highest level of appeal.

Answer 4

magistrates/local, district/county, supreme and high court.

Question 5

What is the difference between common law and a criminal prosecution?

Answer 5

Common law is unwritten law based on legal precedents that aims to prove negligence and compensate a person through damages. Criminal prosecution follows a breach of OSH/WHS legislation, and aims to punish the offending party for breaking the law.

Question 6

How did the Robens Report change OSH law?

Answer 6

lead to a shift from specific/prescriptive legislation to a self-regulating system where industries follow a broad set of laws.

Question 7

What is the primary duty of care in the Model Act?

Answer 7

The PCBU must ensure, so far as is reasonably practicable, the health and safety of workers engaged, or caused to be engaged by the person and workers whose work activities are influenced or directed by the person, while workers are at work in the business or undertaking

Question 8

List the steps of hazard management.

Answer 8

1) Identify hazards
2) assess the risk of injury or harm
3) implement control measures
4) review control measures

Question 9

What are the 6 elements of due diligence?

Answer 9

a) acquire and keep up-to-date knowledge of WHS matters
b) gain an understanding of the nature and the operations of the business or undertaking and generally of the hazards and risks associated with those operations, and
c) ensure that the PCBU uses/has available of use, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking, and
d) ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents/hazards/risks, and responding to that info. in a timely way
e) ensure that the PCBU has and implements processes for complying with any duty or obligation of the PCBU under this act
f) verify the provision and use of the resources referred to in (c) and (e)

Question 10

Name and describe the 3 types of work contracts.

Answer 10

contractors controlled by principal - principal controls day-to-day activities, often similar to employees
major project contractors - principal contractor with multiple subcontractors, typical in large construction projects
specialist contractors -the principal has neither qualifications nor expertise to control or supervise work

Question 11

What are vertical and horizontal consultation?

Answer 11

vertical consultation involves consulting with workers while horizontal consultation is that between shared duty holders (3 elements - consultation, cooperation and coordination)

Question 12

What is the basic premise of a safety case?

Answer 12

ongoing management of safety is the responsibility of the operator and not the regulator, and those who create the risk (the facility) must manage it

Question 13

To what level must the safety management system keep the level of risk?

Answer 13

As Low As Reasonably Practicable (ALARP)

Question 14

What key components should a safety case outline?

Answer 14

1) facility description - describe the range/scope of the work conducted
2) summary of the formal safety assessment - identifying and assessing the risks related to hazards at the facility
3) Safety Management System (SMS) - explanation of how the actions of the facility will/do reduce the level of risk of specific operations

Question 15

Describe the functions and powers of inspectors.

Answer 15

enforcing the act, assisting in resolving workplace issues, investigating incidents/injuries/deaths/high-risk situations and providing advice to workers, PCBUs etc. on how to achieve compliance and improve performance (however, they are not consultants)

Question 16

Outline the 2 criteria required for a WorkSafe prosecution.

Answer 16

1) disclose a prima facie case (evidence, that if accepted/unless rebutted in trial, would sufficiently prove the elements of the case beyond reasonable doubt), and
2) be in the public’s interest

Question 17

In what situations is legal professional privileged waivered/lost?

Answer 17

When information is not confidential e.g. the party with privilege discloses information to a 3rd party.

Question 18

Define National Employment Standards.

Answer 18

The 10 minimum employment entitlements that all employees must receive, outlined by Fair Work

Question 19

Who is entitled to flexible working arrangements?

Answer 19

those who:
• Are the parent, or have responsibility for the care, of a child who is of school age or younger
• Are a carer (within the meaning of the Carer Recognition Act 2010)
• Have a disability
• Are 55 or older
• Are experiencing violence from a member of your family or
• Provide care or support to a member of your immediate family or household, who requires care or support because they are experiencing violence from their family.

Question 20

Who does the WAIRC cover?

Answer 20

Employers that are not covered by the national Fair Work system.

Question 21

How do unions regulate the employment relationship?

Answer 21

By influencing terms and conditions and and having an involvement in workplace processes and practices.

Question 22

What must all union officials hold before entering a workplace?

Answer 22

a valid and current entry permit issued by the Commission (a Fair Work entry permit)

Question 23

what is the ISO 14001?

Answer 23

an internationally agreed standard that sets out the requirements for an Environmental Management System (EMS). It helps organizations improve their environmental performance through:
• more efficient use of resources
• a reduction of waste
• gaining a competitive advantage and the trust of stakeholders

Question 24

Define serious environmental harm.

Answer 24

Harm that is irreversible, high impact or widespread or occurs in an area of high conservation value. It results in damages/losses exceeding $100,000

Question 25

List some issues raised by flexible working arrangements and working from home.

Answer 25

issues relating to general hazards, duty of care beyond traditional business arrangements and an extension of employer liability, office ergonomics, lack of social interaction

Question 26

What should the FWC consider before making a decision about dismissal?

Answer 26

significance of the breach and risk of harm created, knowledge/communication/awareness of the rule in the workplace, person on question’s tenure, disciplinary record, age and explanation of the breach.