6.3.5 Employees
Employees have an obligation not to harm another employee or another person (e.g. customer) in the workplace. This includes not engaging in bullying, skylarking or any other behaviour that puts a fellow employee at risk. A breach of this duty could result in a fine.
Employees must also not misuse/interfere with health and safety equipment. For example, removing a safety guard or disengaging an emergency stop button on a dangerous machine would be regarded as a serious infringement.
The following quote sums up the idea that all the parties mentioned are responsible for workplace health and safety:
No one person's obligations in the workplace outweighs, or supersedes another person's obligations.
Readings/Case Studies 1
The following series of readings have been provided from the Victorian WorkCover Authority site ( www.workcover.vic.gov.au ). They are short but quite illustrative of legal coverage of occupational health and safety at multiple levels within a workplace.
The case relates to the Esso Longford Plant and for the first time in Australian workplace health and safety illustrated the sahred responsibility of emplpyee, management and employer for OHS.The first reading is on Esso and the accident at the Longford plant. The case suggests the level of obligations and potential costs (in this case the most tangible being human, commercial and legal fines) of poor safety. A link to their fines has also been included.
Esso Case study including - Victorian Workcover Authority (30 July 2001) 'Record Fine for Esso', News Release. Available at http://www.workcover.vic.gov.au/dir090/vwa/media.nsf/Site+Search/89
FF01FF6CE65FD04A256A990027CCE6 , and sub components
- Esso Longford Court findings and fines http://www.workcover.vic.gov.au/dir090/vwa/home.nsf/pages/Longfor
d/$File/Esso_fines.pdf- Labour hire safety responsibilities emphasised in court case (December 1999) http://www.workcover.vic.gov.au/dir090/vwa/media.nsf/Site+Searc
h/623882EEF0A4785D4A25685C001D97BE- Employee fined http://www.workcover.vic.gov.au/dir090/vwa/media.nsf/Site+S
earch/BF4219DF0A6723964A256998001E8FC7
Activity 2
Read the case studies and then complete the following questions.
- Who is responsible for health and safety in the workplace?
- How does the concept of preventability impact the legal decisions and size of fines?
- How does the concept of responsibility shape the size and allocation of fines?
- Does the concept of duty of care apply in all the cases?