HEALTH & SAFETY ISSUE RESOLUTION PROCEDURE AS/NZS 4801 OHSAS 18001 OHS20309 SAI Global May 2013 TABLE OF CONTENTS 1. PURPOSE ................................................................................................................................................ 2 2. SCOPE ..................................................................................................................................................... 2 3. ABBREVIATIONS .................................................................................................................................... 2 4. DEFINITIONS ........................................................................................................................................... 2 4.1 4.2 4.3 AUTHORISED REPRESENTATIVE .......................................................................................................... 2 ENTRY PERMIT................................................................................................................................... 2 UNACCEPTABLE BEHAVIOUR ............................................................................................................... 2 5. OHS ISSUE RESOLUTION FLOWCHART ............................................................................................. 3 6. RECORDS TO BE RETAINED ................................................................................................................ 4 7. REFERENCES ......................................................................................................................................... 4 7.1 7.2 8. LEGISLATION ..................................................................................................................................... 4 MONASH UNIVERSITY OHS DOCUMENTS ............................................................................................... 4 DOCUMENT HISTORY ............................................................................................................................ 4 Health and Safety Issue Resolution Procedures, v5 Date of first issue: November 2000 Responsible Officer: Manager, OH&S Date of last review: May 2013 Page 1 of 4 Date of next review: 2014 21/06/13 1. PURPOSE The purpose of this procedure is to ensure resolution of health and safety issues identified by staff and students in accordance with the requirements of the Occupational Health and Safety Act (2004). 2. SCOPE This procedure applies to the staff and students at the Australian campuses of Monash University and to Monash controlled entities. This procedure excludes the resolution of allegations of unacceptable behavior. These should be reported and investigated in accordance with the Conduct and Compliance Procedure Resolution of Unacceptable Behaviour in the Workplace. 3. ABBREVIATIONS OH&S PIN 4. Monash Occupational Health & Safety Provisional Improvement Notice DEFINITIONS 4.1 AUTHORISED REPRESENTATIVE An authorised representative is an employee or officer of a registered employee organisation (e.g. a union) who: • has satisfactorily completed a training course approved by WorkSafe Victoria; and • holds an entry permit; and • has the right to represent the affected workers. 4.2 ENTRY PERMIT Entry permits are granted by the Magistrate's Court and are valid for 3 years or when the person ceases to be an employee/officer of a registered employer (e.g. a union) organisation or the organisation ceases to be registered. 4.3 UNACCEPTABLE BEHAVIOUR Behaviour that has created or has the potential to create a risk to a staff member’s health and safety. Examples of unacceptable behaviour include but are not limited to: • • • • • • • bullying; emotional, psychological or physical violence or abuse; occupational violence; coercion, harassment and/or discrimination; aggressive/abusive behaviour; unreasonable demands and undue persistence; and disruptive behaviour. Health and Safety Issue Resolution Procedures, v5 Date of first issue: November 2000 Responsible Officer: Manager, OH&S Date of last review: May 2013 Page 2 of 4 Date of next review: 2014 21/06/13 5. OHS ISSUE RESOLUTION FLOWCHART Health and safety issue identified Hazard Report completed (if appropriate) Affected person(s) discuss issue with direct line supervisor, Safety Officer and/ or Health and Safety Representative (HSR). If the HSR is not present the supervisor will subsequently notify the HSR of the issue and resolution (if any) HSR and/or affected person and Safety Officer consult. No Immediate threat to employee health and safety? No Yes Issue resolved? Resolution recorded and communicated to employees and the OHS Committee. Safety Officer and/or HSR consults with management over the issue. The solution(s) or interim control measures should be agreed in consultation. Yes Issue resolved? If the nature and degree of the health and safety risk is such that it poses an immediate threat to the health and safety of any person, management and/or the HSR may, after consultation, direct that work will cease (Section 74 OHS Act). Yes No If there is no agreed solution at local level, or an agreed solution is beyond the control/authority of the local manager, the issue will be referred to senior managers in the Faculty/Division (preferably within 7 days). Yes Issue resolved? Management representative (Safety Officer) notifies OHS Consultant/Advisor of Cease Work. Management representative (Safety Officer) or HSR has the option of calling in a WorkSafe Inspector if required to provide advice or mediation in the event of a dispute. Before calling in a WorkSafe Inspector, please contact Monash OH&S. No If the issue is not resolved at Faculty/Divisional level and is an organisation-wide issue, the Faculty/Division Head will liaise with other regions/departments to resolve the issue and may refer it to the relevant standing committee. Management should keep the all relevant Safety Officers and HSRs informed of progress. Issue resolved? Yes No An elected HSR may issue a Provisional Improvement Notice (PIN) if the HSR believes OHS legislation has been contravened (following Section 60 OHS Act) WorkSafe Inspector may cancel Cease Work or may issue Prohibition or Improvement Notice(s). Management representative must notify affected employees and display PIN in the workplace. Compliance must be achieved within the agreed timeframe or call in a WorkSafe Inspector, who may affirm or modify the PIN or issue Improvement or Prohibition Notice(s). Management should contact Monash OH&S for advice on how to proceed. Management complies with requirements of Cease Work, PIN and/or WorkSafe Notices and normal wor k recommences (Information on review of decisions, see Section 127 OHS Act) When determining the control measures to resolve the issue Monash University risk management principles must be followed. Health and Safety Issue Resolution Procedures, v5 Date of first issue: November 2000 Outcomes will be recorded and communicated to employees and the affected OHS Committee by management. Responsible Officer: Manager, OH&S Date of last review: May 2013 At any stage, employees and management may seek assistance from Monash OH&S. Page 3 of 4 Date of next review: 2014 21/06/13 6. RECORDS TO BE RETAINED Record to be kept by Records To be kept for: Academic/administrative unit/ controlled entity Provisional Improvement Notice (if applicable) Copy of WorkSafe Inspector's entry report (if applicable) Copy of completed hazard & incident report form 7 years Completed hazard & incident report form Provisional Improvement Notice (if applicable) WorkSafe Inspector's entry report (if applicable) OH&S 7. 10 years 7 years Indefinitely 10 years 10 years REFERENCES 7.1 LEGISLATION Occupational Health and Safety Act 2004 (Vic) 7.2 MONASH UNIVERSITY OHS DOCUMENTS Procedures for hazard & incident reporting, investigation & recording Hazard & Incident Report form 8. DOCUMENT HISTORY Version number 4 5 Date of Issue Changes made to document August 2011 February 2013 Procedure for Health and Safety Issue Resolution, v4 1. Consolidated all flow charts into one streamline flow chart 2. Minor changes to wording Health and Safety Issue Resolution Procedures, v5 Date of first issue: November 2000 Responsible Officer: Manager, OH&S Date of last review: May 2013 Page 4 of 4 Date of next review: 2014 21/06/13