Reference no: EM13669627

Case 1: AAA Auscarts Imports Pty. Ltd

Auscarts Imports Pty Ltd operate a recreational go-karting business in Port Melbourne. As at 6 October 2006, barriers around the go-kart track consisted of a mixture of tyres either bolted together; some were left loose; or pushed hard-up against a concrete barrier. Some sections of the barrier exposed bare, unguarded concrete. Barriers should be able to quickly decelerate a go-kart with minimum damage to the driver and go-kart. Barriers constructed with tyres should be able to move and have some give when impact occurs. Tyres pushed hard-up against a concrete wall created a too 'stiff' barrier. Tyres not bound together can be 'flicked' onto the track if hit, or fly through the air, creating the risk of people and go-karts being hit or leaving areas of the track without a barrier.

Employees were required to perform duties as track marshals, co-ordinate patrons and racing events and to "test drive" go-karts around the track located at the workplace. Patrons' seatbelts are meant to be checked by track marshals but sometimes patrons were allowed to drive even if the seatbelt and harness did not fit adequately.

On 6 October 2006, a patron attending for a function arranged by her employer, died as a result of head injuries she sustained when the go-kart she was driving collided with a tyre barrier that surrounded the racing circuit. The barrier was positioned in front of a Besser block chicane and the tyres were pushed hard up against the wall. There have been approximately 7 other collision incidents that involved injuries, including lacerations to the throat, whiplash, bruising and leg injuries.

For this case study you are required to identify and explain;

• Factors that contributed to the incident

• Relevant standards, codes, regulations and what the actual requirements of those documents were for the situation described by the case study

• The actions you would put in place in the organisation to prevent the same type of incident from occurring in the future and to meet compliance requirements

Case 2: McCain Foods (Aust) Pty Ltd

McCain Foods (Aust) Pty Ltd manufactures frozen food products at 1059 Ring Road, Wendouree. On 27 February 2007, an employee maintenance fitter was performing maintenance on a Magnuson Brush Washing Machine. At the time the machine was not effectively isolated. There was general confusion between the maintenance staff regarding the functions of the various switches on this multiple-drive motor machine. There was no specific lockout procedure and the generic lockout procedures had not been followed.

The employees involved had no specific training in any isolation procedures. The employee's left thumb was amputated when the machine started whilst he was working on it.

For this case study you are required to identify and explain;

• Factors that contributed to the incident

• Relevant standards, codes, regulations and what the actual requirements of those documents were for the situation described by the case study

• The actions you would put in place in the organisation to prevent the same type of incident from occurring in the future and to meet compliance requirements

Case 3: Australian Aluminium Shopfltters Pty Ltd

In January 2010, a high rise apartment complex was being constructed at a site in Dorcas Street, South Melbourne. Australian Aluminium Shopfitters Pty Ltd was engaged to undertake glazing works for the project. The company, in turn, engaged a third party to undertake the glazing at the Workplace. The third party's three employees worked exclusively for AM and were "deemed as their employees".

On 15 January 2010, one of the deemed employees used a cantilevered mobile device with a raised platform ("the chariot"), to access high points of the building under construction. The chariot was the accused's plant. The deemed employee sustained fatal injuries when both he and the chariot fell seven storeys to the ground below. He was not using any fall protection.

For this case study you are required to identify and explain;

• Factors that contributed to the incident

• Relevant standards, codes, regulations and what the actual requirements of those documents were for the situation described by the case study

• The actions you would put in place in the organisation to prevent the same type of incident from occurring in the future and to meet compliance requirements

Assessment Criteria

The following assessment criteria will be used for marking this assessment task. Ensure that you have addressed all of the criteria in your work.

- Analysed all the given case studies (3) and answered the given questions
- Answers are complete and within the scope of the given cases
- Answers collectively demonstrate knowledge of relevant WHS laws and regulations
- Completed the tasks in presence of an assessor during a designated assessment session
- Identified and described factors that contributed to respective incidents
- Correctly identified the applicable laws, regulations or guidelines in each of the cases
- Accurately referred the specific clause(s) of the law/regulations
- Defined the WHS requirements and responsibilities of respective employers/companies in enforcing the required laws/regulations
- Explained how each of the incidents could have been prevented
- Listed specific actions/steps that would have helped prevent the incidents
- Explained how the compliance requirements can be met in the future within the organisation
- The suggested solutions are in line with WHS legislative requirements and instruments
- Answers are concise, clear and neatly presented with headings and references
- Cited external sources using an appropriate referencing system

Part -2:

Description:

Note to Trainers/assessors: As this and the subsequent assessment tasks are project based, this task should be handed out of the beginning of the term to set the project in motion and allow the students to gradually develop the relevant concepts, knowledge and skills in conjunction with classroom learning sessions. Some project time should also be allocated in each session to practice and complete relevant parts of the project.

Further, the given scenario can be changed or altered from group to group to maintain originality and interest. Scenarios can be obtained from WorkSafe VIC site.

An Occupational Health and Safety Management System (WHSMS) is a coordinated and systematic approach to managing health and safety risks. WHSMSs help organisations to continually improve their safety performance and compliance to health and safety legislation and standards. In doing so, they establish safer working environments that protect people at work by eliminating, or better managing, health and safety hazards.

This assessment task is being given as a major group project that commences early in the term and progresses along with learning sessions. Groups should be formed early in the term and continue through to the end to maintain consistency and coherence.

The group will prepare and present a WHS Management Plan for an organisation based on a previous WHS incident and/or a scenario. For the purpose of this task, you trainer/assessor will also play the role of senior executive and/or a WHS Representative.

Scenario:

Salad Fresh(Formally Mrs Crocket's Kitchen) is the leading manufacturer of prepared salads, offering customers the convenience of either pre-washed, assembled salads and dressed salads all with various delightful flavours. Salad Fresh has broadened its product portfolio which now offers notionally recognised Mrs Crocket's deli salads along with vegetable mixes, microwoveable vegetables, ready to roost vegetables and o variety of ready to heat and eat soups, mashes, risottos and pasta meals all ready to go.

Oh 5 May 2006, e 15 year old labour hire employee (introduced by his mother who worked for the employer) sustained a part amputation injury to his and first fingers of his left hand while working at Mrs Crockets' Kitchen Pty Ltd (Now Salad Fresh). The employee had been working at Mrs Crackers Kitchen on the Onpock machine for one month.

At the time of the incident the employee was cleaning the pipe attached to a pump on the On pock machine. The Onpack machine pumps pre-made food product from a hopper through a pump and Lengths of piping into bags that are sealed and packed for distribution. The make-up of product changes throughout the day and the Onpack machine needs to be cleaned between batches of differing product.

The cleaning process at the time of the incident involved flushing water through the Onpack machine until it runs out at the end, clear of produce. The pump outlet pipe is disconnected at a point 150mm from the pump and hosed clean. The pipe is 100mm in diameter.

The injured worker had disconnected the pump outlet pipe before the pump was electrically isolated with a Spanner and while flushing out the pump outlet pipe noticed some product on the edge of the outlet that was not flushing away. He inserted his hand up into the pipe which come into Contact with the spinning impeller of the pump and one of his fingertips was amputated and the other was severely Lacerated.

There was no guard restricting access to the impeller when the pipe was disconnected to protect fingers inserted into the outlet pipe white the pump was left "on".

A documented safety procedure was supplied by the employer to WorkSafe doted 2002, but employees who were shown this document claimed they had not seen it before the accident. The employer does have a generic isolation Policy that was apparently not always followed when the Onpack machine was being cleaned. Access to the impeller was not possible when 'rhs pipes were connected for normal operation of the Onpack machine However, the outlet pipe was not guarded in any way to prevent bodily contact with a dangerous part of the machine when the piping was disconnected and pump was "on" during cleaning.

One witness stated that she was taught to turn the pump "off before the outlet pipe was disconnected from the feed pipe, another witness was told not to put her hand in the pipe. The role for isolating the Onpeck machine during cleaning was allocated to the shift supervisor. According to the injured worker he was not told or shown how to turn the pump off during cleaning.

An inspector attended the site on the day of the incident. A Section 120(1) direction was given that the Onpack machine was not to be operated when the piping was disconnected.

The inspector returned to the site on 8 Moy 2006 and after further enquiries issued on improvement notice to develop and document safe systems of work for cleaning the On pock machine and to train employees in those systems.

At the time of the incident Mrs Croakers Kitchen had an isolation policy which stated "where guards are required to be over ridden... to clear or clean equipment as port of normal operations, an approved work instruction and training is required to ensure employee safety. WorkSofe did not consider this to be a true isolation procedure, which requires power isolation.

Task:

Your group has been given the task to review the entire WHS practice at Salad Fresh and develop a brand new WHS Management System for the organisation.

Your WHSMS will incorporate;

• External, internal and workplace factors and motivators that influence the need to develop an WHSMS
• WHS Policy, processes and management responsibility
• Relevant laws, standards, codes or guidelines as applicable
• Communication and consultation
• Strategic goals and objectives
• Purchasing and hiring guidelines (e.g. equipment safety check)
• Risk management
• Incident management and corrective action procedures
• Training needs and requirements for implementing the system
• Resources requirements for implementing the system
• Internal review and evaluation

Part -3:

An action or implementation plan describes a sequence of steps that must be taken, or activities that must be performed well, for a strategy to succeed. An action plan has three major elements; Specific tasks: what will be done and by whom; Time horizon: when will it be done; and Resource allocation: what specific funds are available for specific activities.

This assessment task is continuation of Assessment Task 2 and must be completed within the same group arrangement as in Assessment Task2. Groups must be aware of the requirement of completion of these two tasks and plan their works accordingly. For the purpose of this task, you trainer/assessor will also play the role of senior executive and/or a WHS Representative.

Within the same group, develop an WHSMS Action Plan that outlines the process of determining how WHSMS will be implemented in sufficient detail for the organisation to make an informed decision about execution of the plan in the light of the risks and requirements involved. Your action plan will typically cover the following elements;

-   Introduction

o     Context/Background

o     Goals and purpose

o     WHSMS description

-   Management Overview

o     Implementation approach (e.g. phased or instant)

o     Contacts, roles and responsibilities

o     Major tasks, timelines and priorities

o     Implementation schedule

-   Implementation Support

o     External consultation

o     Facilities and resources

-   Documentation

-   Resources

o     Resources requirements

o     Staffing requirements

o     Training of implementation staff

-   Monitoring and Evaluation

o     Information and data collection methods

o     Evaluation of data

o     Reports and recommendations

The action plan should be written as a formal corporate document with appropriate and suitable style and structure. Although there is no fixed format, groups can use a template for guidance. All external sources should be cited using the Harvard Referencing System.

Assessment Criteria

The following assessment criteria will be used for marking this assessment task. Ensure that you have addressed all of the criteria in your work.

• The action plan is appropriate structured, coherent and written in a formal style reflecting a real-life approach
• The action plan is within the context of the WHSMS and defines its goals and purposes
• The action plan is developed with a view to support implementation of WHSMS and covers all the required elements
• Appropriate implementation approach is described to support implementation of the system
• Identified and allocated relevant roles and responsibilities of the implementation team
• Major project tasks are identified and prioritised based on the implementation schedule
• Tasks carry a defined timeline for completion and support the implementation schedule
• Implementation schedule identifies key steps and milestones over the complete implementation of the system
• Implementation support is described in teams of available resources and external consultation
• Identified situations where WHS specialists and technical advisors may be required
• Need for personnel to maintain the WHSMS is identified and justified through staffing requirements
• Identify and document training needs for the implementation of WHSMS within the organisation
• Identify and document resources necessary to implement and maintain implementation of WHSMS within the organisation
• Developed a monitoring procedure to ensure that the system approach is consistent with expected outcomes and standards
• Reporting mechanisms are developed and suggested to continuously report system performance to key stakeholders
• System evaluation procedures describe methods for collection of information and data
• Methods and techniques for evaluation of data includes the use of evaluation data for future use