Due Date: 8 weeks from enrolment in the unit in Learn, or commencement of class
On 5 May 2017, Kentucky Fried Chicken (KFC) were convicted and fined $105,000 and ordered to pay $15,000 to the victim after pleading guilty to a breach of the Work Health and Safety Act 2012 (SA).
The details of this prosecution are contained in the Major Assessment Case Study below. Down load and read the Case Study.
Using the facts in the case study and your own reading and research, provide a written response for each of the Activities listed below. Your submissions should be in Word and/or on the templates provided in Learn as detailed below. On completion you must upload your submissions at the ‘Major Assessment’ topic in Learn.
NOTE: References to relevant sections of the Work Health and Safety Act 2012 (SA); Work Health and Safety Regulations 2012 (SA); and any relevant Codes of Practice MUST be included in your submissions. Failure to do so may result in a ‘Fail’ grading for the unit.
Use the Harvard Referencing Guide in the ‘Introduction’ topic in this unit on Learn as a resource if required.
1. The KFC case study uses the terms ‘Persons Conducting Businesses or Undertakings’ (PCBU) and ‘Worker’. As well, WHS laws specify duties for ‘Officers’ of a PCBU.
- Write a brief description of who may be a PCBU, an Officer, and a Worker under the Work Health and Safety Act 2012 (SA).
- Outline the legal responsibilities and duties of Persons Conducting Businesses or Undertakings (PCBUs); Officers; and Workers in relation to WHS risk management, and their ‘duties of care’. Your discussion must include an explanation of ‘reasonably practicable’.
2. Read the Work Health and Safety Consultation, Co-operation and Co-ordination Code of Practice and the Example Consultation Procedure (available in the ‘Consultation & Participation’ topic on Learn). Then:
- Write a brief explain of the legal requirements for a business (PCBU) to consult with workers on WHS matters,
- List the benefits of effective consultation on WHS matters
- List the recommended content that records of consultation should include; and
- Using the Example Consultation Procedure as a guide, explain the consultation mechanisms that KFC should have had in place to consult with workers about the WHS risks in the workplace.
3. Identify the ‘hazards’ that led to the incident at KFC (there are at least 3). Then:
- Using the Example Risk Management Procedureand the Risk Assessment Template from the ‘Hazard Management’ topic in this unit on Learn, conduct and document a risk assessment for each of the hazards identified. Your documented risk assessment must be submitted with your Major Assessment as an attachment and include the initial risk ratings, recommended controls, and residual risk ratings for each hazard.
- Identify the category (type) of control that each of your recommended controls is according to the ‘hierarchy of controls’ (elimination, substitution, isolation, engineering, administration or PPE).
- Using the Example Risk Management Procedure,your completed Risk Assessment, and the WHS Risk Control Action Plan Template from the ‘Hazard Management’ topic in this unit on Learn, complete a WHS Risk Control Action Plan. Your documented WHS risk control action plan must also be submitted with your Major Assessment.
4. The case study identifies ‘inadequate training and supervision’ as one of the contributing factors to the incident, and KFC has taken steps to improve training since.
- You have been asked to plan the training improvements as a result of the incident. Using the following information and the Training Plan Template in the ‘Training’ topic on Learn, document a training plan (dates may be made up), with the estimated costs (include pay for additional hours worked for training).
- There are a total of 20 casual workers employed at this KFC and on average each is paid $12 per hour. They will be paid for extra hours required to do all of their training.
- It has been decided to put all workers through training on the risk management and emergency procedures. The in-house course will run over a 3 hour period for 10 workers at a time in the KFC training room. A written assessment will be conducted at the end of the session.
- All workers will also be trained on-the-job in the procedures for food preparation and plant operation. This training is one-on-one with the in-house trainer, and will require each worker to work an additional 8 hours to undertake the course and assessment. As this is competency based training, a competency assessment is used by the trainer to guide and record the training.
- 4 of the workers will be trained in First Aid. The course is to be run off-site by St. John Ambulance over two days (14 hours) for a course fee of $229 per person. A certificate will be issued on completion of the course.
- Another 4 workers will be trained as Emergency Wardens to facilitate evacuation and emergency procedures if required in the future. This course will be run on-site in the KFC training room over a 4 hour period by Emergency Training SA at a fee of $100 per person. A certificate will be issued on completion of the course.
- Finally, 2 workers will be trained as Health and Safety Representatives (HSRs) at Tafe SA. This is a Level 1 program and is a 35 hour course run over a 5 day period off-site. The course fee per person is $885. A certificate will be issued on completion of the course.
5. On the day of the incident (15 May 2015) you were asked to complete an Incident Report and Investigation Form on the KFC incident.
- Using the details in the case study, complete the Form available in the ‘WHS Incident and Injuries’ topic for this unit on Learn, and submit this with your assessment.
- Briefly explain the reasons for collecting and monitoring information from incident and injury reports and investigations (including ‘near misses’) in maintaining a safe workplace.
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