1. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-1 CHAPTER 10 Industrial and occupational laws and regulations

2. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-2 Learning Outcomes  Develop an overview of equal employment opportunity and anti-discrimination legislation in Australia  Identify the different forms of discrimination that may occur in the workplace  Implement organisational EEO policies  Outline the principles of affirmative action (cont.)

3. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-3 Learning Outcomes (cont.)  Describe the legal framework of OHS at both federal and state level  Implement an organisation’s OHS policies  Define the needs and structure of an OHS committee  Understand the needs of an induction program from an OHS point of view (cont.)

4. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-4 Learning Outcomes (cont.)  Identify current issues in OHS  Be aware of factors that could make the workplace unsafe, unhealthy or unproductive  Develop strategies for the management or elimination of harmful workplace practices  Develop a program of ongoing workplace reviews

5. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-5 Equal Employment Opportunity Equal employment opportunity (EEO) is the recognition and engagement of non- discriminatory activities in the workplace.

6. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-6 Legislation Legislation is another name for a law or regulation. Within Australia, state and federal laws provide protection against discrimination.

7. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-7 Discrimination Discrimination involves making a distinction between two or more groups based on differences or inabilities. The term also means treading one person disadvantageously compared to another.

8. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-8 Sexual Harassment Sexual harassment is deemed to be non- reciprocated and unwanted sexual advances or innuendos that are directed towards workers in the workplace by fellow workers or by others outside the workplace.

9. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-9 Bullying Bullying is the process of using strength, power or fear to make another do something against his or her will.

10. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-10 Bastardisation Bastardisation is an act that debases or corrupts another.

11. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-11 Disability Discrimination Under the Disability Discrimination Act 1992 (Cwlth), discrimination is disallowed against a person. The legislation covers actual or perceived disability or previous disability, caring for a disabled person, infectious or non-infectious diseases and loss of physical or mental functions.

12. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-12 Racial Discrimination Racial discrimination is the unfair treatment of someone because of his or her race, colour, descent, or ethnic or national origin. It is unlawful.

13. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-13 Affirmative Action Affirmative action is a system designed to remedy past discrimination. It involves a combination of legislative reforms and management strategies to achieve demonstrable progress towards equal employment opportunity.

14. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-14 Workplace Programs The Equal Opportunity for Women in the Workplace Agency (EOWA) has developed a six-step program for designing and implementing a workplace program. A workplace program establishes equal opportunity principles in the workplace.

15. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-15 Work and Family Issues In 1990 the Work and Family Unit was established by the federal government. The purpose of this unit was to promote public awareness of problems faced by workers in balancing family responsibilities with the demands of the workplace.

16. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-16 Complaint Procedures Every employer should establish internal procedures for dealing with the reporting of discriminatory and harassing procedures in the workplace.

17. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-17 Occupational Health and Safety Occupational health and safety (OHS) is the development and implementation of workplace programs and practices that are safe to workers and their health.

18. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-18 Common Law Responsibilities Under common law, every employer has the duty to provide:  competent staff  a sufficient number of workers to perform the work safely  a reasonably safe place to work  appropriate plant and equipment  a reasonably safe system of work

19. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-19 The Scope of OHS Law Legislation exists at state and federal levels and covers prevention, compensation and rehabilitation. The National Occupational Health and Safety Commission (NOHSC) is a federal commission that endeavours to improve Australia’s OHS performance through a number of initiatives.

20. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-20 OHS Committees OHS committees are an important forum for joint discussion and policy setting by both employer and employee.

21. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-21 Current Issues in OHS The main OHS issues today are:  manual handling  occupational deafness  forklift accidents  AIDS/HIV  smoking/drugs  stress  hazard identification

22. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-22 Identifying Hazards and Controlling Risks Processes are required to cover the following OHS issues:  hazard reporting procedures  procedures for hazard identification  adhering to the hierarchy of controls  monitoring outcomes of inadequacies  analysis of incident and accident information

23. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-23 Chapter 10 Summary  Many of Australia’s discrimination laws are based on international industrial conventions.  Legislation exists at state and federal levels to cover issues such as racial, sexual and disability discrimination.  Discrimination can be either direct or indirect in its nature.  Sexual harassment and bullying are increasing in the workplace. (cont.)

24. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-24 Chapter 10 Summary (cont.)  Violence in the workplace is mainly found in industries where alcohol and drugs are more prominent.  It is the responsibility of both employer and employee to report and manage workplace harassment.  Affirmative action programs aim to remove any discriminatory employment practices and promote equality. (cont.)

25. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-25 Chapter 10 Summary (cont.)  Most organisations in Australia should have EEO and affirmative action policies in place.  Increasingly organisations are now obliged to confront work and family issues in the workplace.  OHS includes workplace welfare issues.  The scope of OHS laws includes prevention, compensation and rehabilitation. (cont.)

26. Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Australian Human Resources Management by Jeremy Seward and Tim Dein Slides prepared by Michelle Travers 10-26 Chapter 10 Summary (cont.)  NOHSC is the federal commission managing OHS issues and concerns in Australia.  Certain industries are more prone to accidents and workplace injuries than others.  The adoption and management of safe industrial practices is the joint responsibility of employer and employee.