Assignment: Workplace Health & Safety Law, 2012



Assignment: Workplace Health & Safety Law, 2012

Question 2.1 (Short Answers)

1.Briefly describe the main differences between the civil law and the criminal law in the way these different legal approaches deal with workplace health and safety.

There are various differences between civil law and criminal law. According to the law of US the main difference between the civil and criminal law is on the basis of nature of crime and punishment. The civil law involves the cases that deal with the normal cases which are associated with the breach of the civil laws and obligations which meant for the social safety and concern. On the other hand criminal laws are associated with the serious crimes that involve major injuries to the life and safety of other people(Hall, 2011, p.19).

Workplace Health & Safety Law, 2012 also concern with the rights and duties of these people and to provide them assistance and safety of their health at work place. It is the basic responsibility of these organizations to ensure the basic health care and hygienic conditions during their work. In case of violation and negligence, this results in the violation of civil law of the work place. In case of any illegal activity related with the health care activities and other serious violations which result in the criminal activities for example medicinal frauds or negligence in the basic health care rules which result in the loss of life of an employee or serious injury is the example of case of criminal law.

2. Summarize shortly the current state of the adoption of the “harmonised” legislation represented by the model Work Health and Safety Act around Australia (as at 1 Nov

2012).

The current state of the adoption of 'harmonised' legislation by the WHS in Australia have implemented the special measures for the protection from the hazardous chemicals, and other harmful materials and poisonous gases to prevent the employees to be protected from any such hazardous material and chemical. It also emphasized to reduce the burden and workload. There are different safety measures and implemented at the workplace in Australian organizations to prevent the employees from problems associated with the health of the employees. Another important measure is to provide the medical safety and facilities to all the employees. (www.safeworkaustralia.gov.au)

3. Might there be a breach of the WHS Act 2011 (NSW) by a company engaged in constructing a building if a falling brick injures a member of the public, who is standing on a public footpath outside the boundary of the construction site?

In WHS it is the primary concern for the companies during the time of construction to be careful about the duties of care. It is the basic responsibility to minimize the risks of falling objects by implementing the risk control activities. These includes the safe means of raising and lowering materials, physical barrios to prevent fallings from one level to other, use of protection equipment, administrative and risk control measure(Safe work Australia,NSW 2011, ...