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Thread: Work Health and Safety Management plan

  1. #91
    Senior Member NLALM's Avatar
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    Default Re: Work Health and Safety Management plan

    Just call me Shultz .............I see nothing

  2. #92

    Default Re: Work Health and Safety Management plan

    Quote Originally Posted by BeetleJuice View Post
    if you didn't take any action and some said you were there and didn't do anything about it,that's when your duty of care wasn't used.

    You have now been given the responsibility in making things safe for strangers,how can any negligence be proven by some one else.
    A simple thing as close circuit TV recording,a by standers statement.Proof.

    Deny whatever you want,explaining yourself can be a totally different story.Denial sometimes won't work even if it's the truth.
    It is simply not that "black & white"

    If I am not required to wear my glasses for lawn mowing would I necessarily see a large nail or broken glass sticking out. I did my JSA but where was the glass or nail sticking out from? If not in my likely work area I have nothing to worry about.

    A large hole is something different!! I would have to report that one to the body corp management, or resident because I have not had any training nor been shown how to fix large holes! I could even make it worse, maybe even fall into it then I may not be able to help anyone. Better to stay a reasonable distance from it and make a phone call. Common sense I think!

  3. #93
    Senior Member BeetleJuice's Avatar
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    Default Re: Work Health and Safety Management plan

    You guys will have to make choices in what your prepared to deal with and when to look away and avoid the whole situation.
    Only you the individual makes that call

    Your duty of care is your legal duty to take reasonable care so that others aren't harmed. If you identify a reasonably likely risk of harm, you must take reasonable care in response. It is a concept common to all modern occupational health and safety (OHS) / workplace health and safety (WHS) regimes.

  4. #94
    Senior Member Bluey's Avatar
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    Default Re: Work Health and Safety Management plan

    Quote Originally Posted by BeetleJuice View Post
    You guys will have to make choices in what your prepared to deal with and when to look away and avoid the whole situation.
    Only you the individual makes that call

    Your duty of care is your legal duty to take reasonable care so that others aren't harmed. If you identify a reasonably likely risk of harm, you must take reasonable care in response. It is a concept common to all modern occupational health and safety (OHS) / workplace health and safety (WHS) regimes.
    The crux here is the word "reasonable". Is it reasonable for me as a lawnie doing a lawn to fix a hole dug beside that lawn by another person. No . It is not. Is it reasonable for me to report the fact that the hole may not be safe. Again no but probably a good idea. Is it reasonable for me to conduct my business safely and continue on my way. Yes. Is it reasonable to expect the person digging the hole to make it safe . Yes. Is it reasonable to expect the owner of the property to ensure that the person digging the hole makes it safe. Yes. Lets take the concept to its full extent. Traffic workers dig a hole in the middle of the road and leave it in an unsafe condition. Does every motorist driving past have a duty of care to make it safe. I think not. Reasonable means "as much as is appropriate or fair; moderate"
    Cheers

    Bluey
    Adelaide Home & Garden Solutions
    http://www.ahgs.com.au


    "Success occurs when no one is looking, failure occurs when everyone is watching."

  5. #95
    Senior Member AJD Mowing's Avatar
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    Default Re: Work Health and Safety Management plan

    Spot on Bluey..
    AJD Mowing Giving Back Your Life

    http://www.ajdmowing.com.au/

  6. #96
    Senior Member Bluey's Avatar
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    Default Re: Work Health and Safety Management plan

    Here is the Code of Practise in SA for excavation work. As you can see the onus rests with the person conducting the business or undertaking to make the excavation safe.

    http://www.safework.sa.gov.au/show_p...2#.U9LcK-P8yUk
    Cheers

    Bluey
    Adelaide Home & Garden Solutions
    http://www.ahgs.com.au


    "Success occurs when no one is looking, failure occurs when everyone is watching."

  7. #97
    Senior Member BeetleJuice's Avatar
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    Default Re: Work Health and Safety Management plan

    duty of care

    I'm going around door knocking looking for more customers and come across ankle high grass in the front yard,as i walk over the lawn towards your front door i trip over the unseen water meter and break my collar bone and wrist on landing.

    I sue you for hospital and medical bills pain and suffering and use the words that you did not exercise a duty of care in making a hazard more visible to the public.
    ................
    A lawn mowing contractor turns up to do the units and sees the old fencing being replaced and the old fencing sheets have been left in the middle of the front lawns for removal,fencing contractor no where to be seen.

    You cut around the pile of fencing sheets but that day the breeze has been increasing slowly to gail force winds.You finish and leave.
    A unit owner driving through and the wind picks up a sheet of fencing iron and it smashes the windscreen showering the driver with broken glass,ambulance/police called and a report is done with investigation.

    It's noted the fencing contractor left sheets loose and is at blame,further investigation shows the lawn mowing contractor at time of mowing failed to report or act knowing the increasing winds could pose a danger and ignored a possible hazard.

    What it comes down to is who can be blamed and who else is involved to take the blame that could of prevented the accident happing in the first place.
    ................
    No different then mowing a area where irrigation system has been installed and a hole was somehow left open by the contractor,you mow around it and 10 mins later a passer by steps in it and breaks a ankle.Once again you can take a share of the blame for injury because you ignored it and didn't exercise a duty of care

    You guys can come back with all the excuses you want,but standing in front of a magistrate you'll be wondering how the hell did it get to this point.

    No different to work safe you are required to work safely and in making sure people around you are safe by identifying any hazard,but not only what hazard you can cause but hazards left by other people.

    If you are the next person to see a hazardous situation the onus is now on you to deal with it

  8. #98
    Senior Member BSD's Avatar
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    Default Re: Work Health and Safety Management plan

    I'm mowing and edging a suburban yard, in the process a neighbours dog who seems to hate whippers jumps the fence and attacks me leaving me with injuries related to the attack and injuries from escaping the canine, both homes are rentals and the occupants are on the pension, they have no money, legal eagles wont take it on as even if you win your not gonna get compensated and the lawyer wont get paid.

  9. #99
    MEMBER Fred's mowing's Avatar
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    Default Re: Work Health and Safety Management plan

    How rediculous is this getting?
    What happened to ppl being responsible for their own actions?
    Reminds me of the very last Seinfeld episode.
    They were all thrown in the can for not interviening in a mugging.
    Sure, we should all have a moral obligation, but a legal one to be responsible for someone else's actions ?
    Like the Seinfeld episode......... It's just a joke!
    Cheers Fred.

  10. #100
    Senior Member BeetleJuice's Avatar
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    Default Re: Work Health and Safety Management plan

    Quote Originally Posted by Fred's mowing View Post
    How rediculous is this getting?
    What happened to ppl being responsible for their own actions?
    Reminds me of the very last Seinfeld episode.
    They were all thrown in the can for not interviening in a mugging.
    Sure, we should all have a moral obligation, but a legal one to be responsible for someone else's actions ?
    Like the Seinfeld episode......... It's just a joke!
    Cheers Fred.
    What happened to ppl being responsible for their own actions?

    Agreed Fred

    So it makes you think just because one person gets it wrong should the next person leave it the same ?

  11. #101
    Senior Member BSD's Avatar
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    Default Re: Work Health and Safety Management plan

    In my previous industry with a major service provider to government utilities it was crazy, the oh&s people were like police, but if you took too long on a job sorting out the jsa's permits, checking contractors creditiantials blah,blah, the supervisor would criticize you for taking too much time, so if you took a shortcut and were caught you would be issued with a warning or a week in the office being re-trained, the oh&s folk are on bonuses and god help it if you cut your pinky and reported it on an accident form, the investigation would go on for ages, the blame game always ended up against the person involved even if it wasn't your fault, I had a crane driver and dogman turn up on a break down wearing shorts and had to cancel the job because the rules are full ppi at all times, then got my ass kicked by the supervisor for sending them off site, but if I had let them work in shorts and the oh&s folk found out I would have been disciplined over the incident. This one of many wank things that are now everyday working life. I'll work solo for ME now and don't have to worry about an employee going on compo and all the legal sh1t that happens.

  12. #102
    Senior Member AJD Mowing's Avatar
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    Default Re: Work Health and Safety Management plan

    I was mowing a lawn and saw a hole with a nail and some glass in it so I went to tell the strata manager. He wasn't home but I caught his wife in an intimate position with another man. The other man thought I was the hubby so he hit me with a baseball bat and ran away. Just then the hubby came home and thought I was having an intimate affair with his wife and hit me with a baseball bat. I recovered and thought it was my duty of care to tell the hubby that his wife was having an affair with another man. His wife hit me with the baseball bat. Hubby then hit his wife with the baseball bat. We all went outside only to find that the boyfriend had fallen in the hole and broke his leg, poked his eye out with the nail and cut off his sholonger with the broken glass. The safety inspector was there and wanted to know who was responsible for the accident. We all bashed him with the baseball bat and went home.

    The End
    AJD Mowing Giving Back Your Life

    http://www.ajdmowing.com.au/

  13. #103
    Senior Member BeetleJuice's Avatar
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    Default Re: Work Health and Safety Management plan

    We all are wanting to know if you recovered from the bat injuries and were you carrying latex protection incase or didn't they make them that small

  14. #104

    Default Re: Work Health and Safety Management plan

    Quote Originally Posted by Bluey View Post
    The crux here is the word "reasonable". Is it reasonable for me as a lawnie doing a lawn to fix a hole dug beside that lawn by another person. No . It is not. Is it reasonable for me to report the fact that the hole may not be safe. Again no but probably a good idea. Is it reasonable for me to conduct my business safely and continue on my way. Yes. Is it reasonable to expect the person digging the hole to make it safe . Yes. Is it reasonable to expect the owner of the property to ensure that the person digging the hole makes it safe. Yes. Lets take the concept to its full extent. Traffic workers dig a hole in the middle of the road and leave it in an unsafe condition. Does every motorist driving past have a duty of care to make it safe. I think not. Reasonable means "as much as is appropriate or fair; moderate"
    Hallelujah brother

  15. #105
    Member Redeye's Avatar
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    Default Re: Work Health and Safety Management plan

    rough neighbourhood Dean




    http://curraronggardening.com/

    "All sin is washed away in the Holy goodness of Beer"
    Book of Redeye, Psalm 69

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