More information about
Resolving occupational health and safety issues
Health and safety representatives
October 2012
Background
An issue resolution procedure is a process for dealing with
occupational health and safety (OHS) issues that arise in
the workplace or as a result of the conduct of the
undertaking of an employer. This information is designed to
assist workplaces reach a timely resolution on issues that
arise, and includes factors to be taken into account during
discussions.
Who is involved in issue resolution?
The following parties are involved in issue resolution:
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the employer or its representative
the workers affected by the issue
if there is a designated work group (DWG) affected by
the issue, the health and safety representative (HSR)
for that DWG.
If there are no DWGs or HSRs in the workplace, the
workers can nominate another worker (or workers) to act
on their behalf. Only a HSR or a worker nominated to act
on behalf of the affected workers can act as an worker
representative for the resolution of an OHS issue.
At any stage of resolving the issue, either party can seek
the assistance of any relevant organisationof workers (for
example a union) or of employers (employers association).
What is an employer representative?
If an employer appoints a representative for the purposes of
Section 73 of the Occupational Health and Safety Act 2004
(the Act), the employer must ensure that the person:
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is not a HSR
has an appropriate level of seniority
is sufficiently competent to act as the employer’s
representative.
For effective issue resolution to occur, an employer
representative should have the necessary authority to
resolve any OHS issues on behalf of the employer.
If an issue arises before the employer has chosen a
representative and the employer is not available, the senior
manager in that part of the workplace where the issue has
arisen will be the employer’s representative for the purpose
of trying to resolve the issue.
MIA044/01/09.12
What must the parties do if a health and
safety issue arises in the workplace?
The employer (or their representative) and the affected
workers or, if the issue relates to a DWG, that DWG’s HSR,
must attempt to resolve the issue in accordance with a
procedure agreed to in the workplace. This means that if a
workplace has an agreed issue resolution procedure, this
procedure must be followed to try resolve the issue.
If there is no such procedure, the procedure prescribed by
Part 2.2 of the Occupational Health and Safety Regulations
2007 (the Regulations) must be used.
What is an agreed procedure?
An agreed procedure is one agreed to by workplace parties
that outlines steps that should be followed in resolving a
health and safety issue in a workplace.
The agreed procedure should aim to facilitate a timely and
effective resolution and should:
•
outline a clear step-by-step process for resolving issues
and not set out what the outcome would be in specified
circumstances; and
• provide practical guidance for parties seeking to resolve
health and safety issues.
In addition, an agreed procedure must be consistent with the
Act; should be in writing (in appropriate languages) and made
available to all workers. There is no obligation for workplace
parties to establish agreed procedures and Inspectors do not
have the power to require employers to develop them. If
there is no agreed procedure, then Part 2.2 (Issue Resolution
Procedures) of the Regulations must be followed.
More information about Resolving occupational health and safety issues
Issue Resolution Procedure
1. Reporting issues
If a worker wants to raise a workplace health and safety
issue for resolution, they must report it to their HSR, if there
is one. If there is no HSR, the worker must report the issue
to the employer or the employer’s representative.
A worker may take all reasonable steps to report an OHS
issue, including leaving their part of the workplace if need be.
A worker may also report the issue to the employer or any
other person, for example fellow workers, in addition to the
HSR
2. Resolving issues
As soon as reasonably possible after the issue is reported,
the relevant parties must meet to try and resolve it, taking
into account the following factors (as relevant):
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the number and location of workers affected by the
issue
• whether appropriate temporary measures are possible
or desirable
• the time that may pass before the issue is permanently
resolved
• who, on behalf of the employer, is responsible for
performing and overseeing any action agreed as
necessary to resolve the issue.
A party involved in the resolution of an issue may request
that the details of the issue and how it was resolved be set
out in writing. The employer must do this to the satisfaction
of all parties, if a request is made.
As soon as reasonably possible after an issue has been
resolved, the employer must ensure that details of any
written or verbal agreement must be reported to the
workers affected by the issue and to the HSC, if the
workplace has one.
The details of the agreement must be in a form approved by
all parties and communicated in a manner and language
agreed by the parties to be appropriate. Any of the parties
to the resolution may forward details of any agreement to a
union or an employer association.
What happens if the issue cannot be
resolved?
If the issue is not resolved within a reasonable time (in this
context, a reasonable time is what parties believe is
reasonable in the circumstances), any of the parties
attempting to resolve the issue may request that a
WorkSafe Inspector attend the workplace to enquire into
the issue.
A WorkSafe Inspector can be called whether the parties
having been attempting to resolve the issue in accordance
with an agreed procedure or the issue resolution procedure
outlined in the Regulations.
What will an Inspector do?
The Inspector will attend the workplace as soon as possible
after the request is made and can perform any of their
functions or exercise any of their powers as they consider
reasonably necessary in the circumstances.
An Inspector may meet with the person who made the
request and other relevant parties. Where agreed to by the
parties, joint meetings may be conducted. The Inspector
may make further enquiries into the issue to determine an
appropriate resolution.
If a contravention of the OHS legislation is identified, the
Inspector will take action in accordance with their legislated
powers.
Further information
Visit: worksafe.vic.gov.au/hsr
Contact the WorkSafe Victoria Advisory Service on
1800 136 089 or info@worksafe.vic.gov.au
More information can also be found at: ohsrep.org.au
Note: This guidance material has been prepared using the best information
available to the Victorian WorkCover Authority and should be used for general
use only. Any information about legislative obligations or responsibilities
included in this material is only applicable to the circumstances described in
the material. You should always check the legislation referred to in this
material and make your own judgement about what action you may need to
take to ensure you have complied with the law. Accordingly, the Victorian
WorkCover Authority cannot be held responsible and extends no warranties
as to the suitability of the information for your specific circumstances; or
actions taken by third parties as a result of information contained in the
guidance material.
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