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Introduction
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Silica is an important mineral in the world and it has a lot of functions in the production procedure of some products like pottery, glass, bricks, and artificial stone. It has good uses in the food industry also as silica is well connected with the quality issues of food, as by the use of this mineral the quality of the food can be changed. Silica use has a high risk because the dust particles of this mineral can cause lung trapping issues and the tissues of the lung can be affected by the use of silica. Silica is hazardous and the mineral has a high chance of creating several diseases in the human body recent reports are not showing any kind of good results in the use of silica.
The jobs related to silica are high-risk jobs as the mineral is directly connected with lung diseases. According to the work health and safety obligation, some the things like a safe work environment, safe structure, safe health, and adequate facilities are needed to be maintained by the employer for better production level. Duty of care issues is largely connected with the production procedure as the production procedure is direct with the caring issues of the workers. “Work health and safety 2011” is connected with the issues
Dicussion
1. Quality Kitchen and Manufacturers
Responsibilities and the risk to be controlled
The duties and responsibilities of the manufacturers related to the quality kitchen include the weighing and checking of the raw material. It ensures whether the machine setting is correct or not, maintaining a proper cleaning environment of products. According to the author (Evans et al 2019), running all the checking related to the quality, which includes the weight of all the finished goods or products as well as the size, assembling, packaging, simple maintenance of the machine, labelling, and so on. Manufacturers should provide all the information related to stoner that is provided for manufacturing a good quality kitchen to the parties (Okpala et al. 2021). That is how much amount of silica stone is contained in the goods or products, hazardous properties as well as the risk towards the health-related to the respirable silica of crystalline. “The Food Safety and Standards Act, 2006” according to this law the implementation while processing or fabricating, includes all the installation, removal of stones as well as maintenance of the products (fossae, 2022). The manufacturer carries out all the testing or analysis reports regarding the product which is being manufactured and meets all their duties by giving adequate information to the parties whoever is involved in it (Herkert et al. 2018).
The manufacturer provides all the information regarding the product which has been designed and manufactured, the results which are related to the calculation and analysis.“The General Product Safety Regulations 2005”according to this law it is necessary to ensure whether the stone is risky to health or not and to maintain proper safety. Sometimes there is a high risk for the workers which is controlled by the manufacturer to see the safety of workers as well (legislation, 2020). As workers may expose respirable silica crystalline while cutting, sanding, polishing, grinding, and so on during the time of fabric making. The workers making fabric put on a high risk related to exposing the machine operator, finishers, as well as polishers (Evans et al. 2022). The manufacturer has to see whether the workers are performing their duties in the right way or not. To control all the risks the manufacturer must analyse all the products before manufacturing, to see whether the machines are working in a proper way or not and also see the safety of the workers.
Product is harmful or safe which is being manufactured
As crystalline silica is a very significant health hazard to workers. It is very small to see under normal lighting as well as the small size particles allow them to stay airborne for a long period. It is easily inhaled very deep into the lungs where it gets deposited which lead to a range of disease that also includes silicosis and chronic obstructiveness (Mihalache et al. 2021). The “Work health and safety act 2011”,provides for maintaining an environment that is safe for working without any risk to health. Providing the structure as well as the systems related to the work is safe or not (brit safe, 2022). “Health and Safety at Work Act 1974” according to this law the workers, as well as the workers, should ensure their safety in the industry (Leso et al. 2019). Adequate training should be given to the staff to ensure their health as well as the safety procedures, and also provide welfare provisions to the staff (labour, 2022). Also monitoring the worker's health as well as the condition related to the workplace is put under the management for controlling all the injuries as well as illness.
Obligation for manufacturer related to WHS
“Work health and safety act 2011” according to this law each duty holder or the manufacturers should share all the information related in a timely manner as well as the corporate with the safety as well as the health obligation. According to the author (Bluff et al. 2019), An officer may be charged relating to the offense which comes under the act of WHs independently to any beach related to the duty to understand the operations as well as the nature relating to the business (Wheatley et al. 2019). “The Factories Act,1948”according to this law the obligation related to the manufacturer was the safety of the workers as well as the machines, and whether material which is used is safe or not for the workers' related factories act.
2. Quality kitchen and the employers
The duty of care to the employee
As per the report, the person organizing the business is liable to take a positive relationship with the employees. Quality kitchen needs to do a positive consultation with their employees to make them understand the situation of the work area and its circumstances. This may include the sharing of different information, sources, and their exposers which are related to the health risk of the employees. Equal opportunity can be provided to the workers to express their point of view regarding their job roles and work circumstances (Arneson, 2018). The suggestion of the workers is required in every phase of the work process which can make the decision regarding their health and safety easier and also helps to reduce injuries and health hazards during working in the company. According to the WHS Act section 47 (1), businesses should converse with their employees about work health matters or their safety (Dabee, 2020). All the health hazards due to their work can be represented to the employees according to the WHS Act section 48 (2) with the help of health representatives.
The situation faced by the Employees
The present situation of the Quality kitchen shows the effect of airborne Silica which leads to the development of the disease called silicosis (Vanka et al. 2022). According to the OHS management of the Quality kitchen, the workers worked by wearing proper respiratory equipment but in the last 20 years the process of managing the risk of silicosis has changed which results in health hazards. The technical steps taken by the company were not sufficient for maintaining the workers can be inadequate. Therefore, as a result 4 out of 30 employees are coming out with the symptoms of silicosis (Adamcakova, 2021). The company is not taking any policies in the workplace to facilitate any kind of safety issues. According to WHS Act section 38 the company is responsible to notify its workers about the upcoming issues due to the conduct of the business. Such initiatives are not been taken as per the given information.
Health monitoring of the Workers
The company deals with some health hazard products which may result in respiratory damage proper monitoring of their workers can be maintained to avoid such issues. The condition of the workplace of the workers should be monitored to avoid health problems, according to the WHS act section 28 every worker is instructed to take care of their own health and they are liable to follow the rules and procedures of the workplace they are presently working. According to WHS Act section 46(1) the company is also liable to coordinate and consult with the matter with all the people involved in the matter or facing the same issues
Personal Protective Equipment
Personal Protective Equipment refers to the safety equipment used by the workers during their working hours as a safety and health-protective measure. Equipment used for respiratory protection can be used by the workers when interacting with harmful chemicals (Cotneycl, 2022). This equipment can include detectors, face masks, respirators, helmets, and protective hoods as well. According to “OSHA’s Respiratory Protection Standard”, 29 CFR 1910.134 it is important for a company to provide respiratory protection to the workers working in effective situations.
Case Laws
According to the case “Dhanrajgiri Hospital v. Workmen” the main activity related to the hospital work was to provide practical training in nursing which does not carry any kind of cost. Therefore, the quality kitchen is also suggested to give proper training to their workers. According to Sec.2 (j) of the “Industrial Disputes Act, 1947” the existence of the industry is only possible it there is a proper relationship between the employees and the employers (Jefferies & K 2022). As per the case State of Bombay v. Hospital Mazdoor Sabha, the activity rendered by the industry cannot be always based on the profit earning motive. Therefore, some industries have no commercial implications in their work weather it is carried by an individual or a group.
Regulation Apply to Relationship
Relationships can be an important factor for any company to run smoothly. It is better for Workers and the company has a supportive relationship. According to the case “Banglore water supply v, A. Rjappa” there can be systematic and organized activities to build cooperation between the employees and the employers of the company (Dash et al. 2020). As per the case law of Management of “Safdarjung Hospital v. Kuldip Singh”, there can be a developing relationship between the workers and the managing authorities of the different departments of the government for the economic activities of the firm (Austlii, 2022).
3. Quality Kitchens and the clients
Required actions to prevent exposure to silica for benchtop workers
Quality kitchens are connected with every type of client, both the clients like big wholesalers and big retailers to small retailers are handled by the organization. So, a huge number of clients are connected with this organization, as it is directly connected with the clients and a lot of clients are having a direct connection with the organization, so it is very much important to inform them about the effects of using this thing. The client must be informed about the silicosis disease as silicon cutting is largely connected with this disease (Bluff, 2019). Silicosis is a very harmful disease and the people who are affected by the disease can die as per the case study 4 employees out of 30 have gotten positive for that disease. One employee from that four has worked more than 20 years in quality kitchens and the other four have also worked in different institutions. So, the amount of risk of having the disease is high and things need to be informed.
Safety of the workers
The installation of this type of benchtop can give resistance in the way of safety and it can break the safety rules which are mentioned in“Work health and safety act 2011”.So, it is a must thing to inform about the risks of having these kinds of diseases and the rules & regulations must be maintained properly for better outcomes. According to the “Consumer act 2015,” it is very much important to inform the consumer about the bad effects of products and the laws provide the full right to the consumer to get the information about the product which the person is going to buy. Consumers get the right to gather any kind of information about any goods which are present in the market (Errington et al. 2022). According to consumer protection rights, it is very much important to inform consumers about the risks which are related to the product and the consequences must be explained clearly by the producers.
Negligence and Case laws
The negligence in informing about the proper information can create a lot of problems in the market, as this is not supported by the consumer act 2015, and as the installation is affecting the health issues of the client so the work health and safety act is also not getting maintained properly (Barnes et al. 2019). This is the reason why negligence issues must not be encouraged and maintained properly. As the “ALLISON V LONDON UNDERGROUND LTD [2008] EWCA CIV 71 (13 FEBRUARY 2008)” shows that the negligence of the work health and safety law 2011 has been proven to be very much crucial for the organization (Austlii, 2022). A huge amount of penalty has been charged as a result or as punishment and the company has faced a ban over production for some time (Bakar et al.2018). This is a very important case law that has become a very good example for the business organizations which are directly connected under the health and safety act 2015.
Identification of risk and advice
The identification of risk is very important in this working activity as the installation of the benchtops is directly connected to having Silicosis disease, which is very much important for any kind of activity. According to the “National health act 1953,” the maintenance of health is very important to maintain the health of any individual who is related in any kind of business activity and if the laws or regulations are not maintained properly then it can make lots of bad impacts on the organization that is connected in the trading (Mitchel et al.2020). The national health act 1973 also states the same importance for taking the same amount of care for all the clients and if any of the clients or customers are affected by the product it can cause the company huge penalties so the identification of risk is very much important.Quality kitchens must make a positive attempt to make the benchtop with less use of silica. The overuse of silica must be checked down for the safety of the workers (Mitchel et al.2020). The worker's health must be monitored after a sudden period as the workers of the company are getting affected by the silicosis, so it would be a must step to take a proper measure on the health issues of the workers.
Conclusion
The project is based on the crystalline stone which is used in the kitchen. Quality kitchens are installed with new kitchen benches, which are usually made with the help of engineering stone. It is related to the customer's mind for organizing a good design for the kitchen which includes the size of the material which can suit the kitchen. This report concludes with the introduction part which says about the silica material which is used in the construction of stone which is used in the kitchen. Job related whether it has a high risk of joining or not and so on. Discussion included the quality kitchen and manufacturer, quality kitchen and the employers as well as the quality check related to the clients. There are some laws taken regarding this, the laws are“The Food Safety and Standards Act, 2006” in which the law says about the safety of the product which is being manufactured as well as the safety of workers and the customers. Another law is “The General Product Safety Regulations 2005”which says that the product which is produced must have hygiene as well as safety while producing the product and there are many more laws in this project related to acts which are undertaken by them. The whole project is based on the crystalline stone of manufacturing whether it is harmful to workers while production. The manufacturers also play an important role in this project as they are the ones who analyse the product and the safety of the workers.
Recommendation
The production procedure must follow any other thing in the production of the benchtops and as it is used by most clients so the production of the benchtops must use any other substitute input instead of silicon use. The use of the other substitute will lower the risk of having disease and will lower the risk related to the clients. The scenario is based on the basic duties that the industry can follow towards its workers. The present situation states the health risk the workers are suffering due to the negligence and insufficient activities of the industry. According to the situation it is recommended to Quality Kitchen to apply the “WHS Act section 47 (1)”, which can be useful to consult the different matters regarding the issues of the firm as they are the only person trip work in that environment. It is recommended to inform about health hazards their work can be represented to the employees according to the law of WHS Act section 48 (2).
According to Steinle (2018), the company can start monitoring the issues of the product and try to resolve it as the product is harmful for both the external clients as well as to the “workers Act section 38” the company is responsible to notify its workers about the upcoming issues due to the conduct of the business to their clients so that they can take the required initiative about their health protection. The company can explain the law of WHS act section 28 to the workers for the method of self-protection. According to the law “WHS act section, 23”the company is suggested to use hazard-free products in the work area for the safety of the workers, and the company is advised to provide PPE as per the “WHS Regulation section 49” to the workers so that there can be no exposure to the external effect of the harmful substances.
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