AWU Info Health and Safety Representative Information Sheet

Transcription

1 AWU Info Health and Safety Representative Information Sheet What is a Health and Safety Representative? Usually a Health & Safety Representatives are known as HSRs, Health & Safety Reps, Reps or sometimes, the OHS representative. A HSR is elected by fellow workers of a Designated Work Group (DWG) to be the voice and/or act as an advocate on behalf of that group of workers. A HSR function is to represent members on health and safety matters in the workplace including systems of work, psychological health and hazards and risks. Why do we need employee Health & Safety Representatives? HSR s and Employees can play an important role in identifying hazards, assessing risks and developing practical solutions. A HSR s involvement helps to create and maintain a safer workplace. HSR s may participate and be involved in OHS activities together with management. What makes an effective Health & Safety Representative? A confident HSR who has current OHS knowledge, skills and has been well trained in courses of their choosing. A responsive and approachable HSR who listens to concerns and consults with members on OH S matters. An assertive HSR who is prepared to take necessary action to address members OHS concerns with management. An efficient HSR has support and cooperation from all levels within the management team, in particular the nominated management representative What does a Health & Safety Representative need? Access to all members of their Designated Work Group including opportunities to meet and discuss OHS matters. Accredited and sound training in OHS developed specifically for employee representatives. Support from co-workers in the Designated Work Group. Support from other HSR s within the employers HSR network Access to information and regular professional development. Helpful management who employ consultative mechanisms. Paid time off to conduct the role as is necessary to address OHS issues and concerns. Acceptance without discrimination when OHS issues are raised. Recognition of the importance and value the role brings to the workplace

2 What does a Health and Safety Rep Do? Role and function Represents members of the DWG Is given access to information the employer has regarding the DWG and members of the DWG Consults with management regarding OH & S matters affecting the DWG they represent Inspect any part of the workplace of the DWG at any time after an incident or a situation where there is a likely risk to health and safety. Accompanies an inspector during an inspection Requests the establishment of a health and safety committee Represents DWG on OHS Committee Be present at an OHS interview between a member of the DWG and an Inspector or employer Represents independent contractors or employees of that contractor included the reps DWG at an OHS interview between that person and an Inspector or employer Seeks support from any other person to help them in their role Right to access Incident Reports of incidents occurring to a member in their DWG. Acts as an advocate for the OH & S needs of the DWG. This includes consulting with the members and reporting back to all members on all OH & S issues to ensure full participation in OH & S matters affecting the members in the workplace. Feedback to DWG can include minutes of meetings held with management or meeting to report back to members. If the employer knows of a hazard or risk, they must advise the HSR and representative member of their DWG at OHS interview. Presents the views and concerns of the members of the DWG to management and reports back to the DWG The Act requires that reasonable notice be given to the employer with the exception of situations of immediate risk. An example of reasonable notice would be 48 hours. Vary the days on which you hold inspections. The employer should inform HSRs that a WorkSafe inspector is coming on the site. An employer must set up a committee within 3 months of the request At least 50% of committee must be employees and if possible HSR s or deputies. Requires consent of member Requires consent of person The suitable support person has access to the workplace under Sec 70 (1) & (2). It can include a HSR Support Officer, Union OHS Staff, Industrial Officer, WorkSafe, ARREO. Employers must keep records for five years and HSRs can access these reports. Where applicable, AWU advice is for all HSR s to keep a record. See Appendix for sample log. OHS Act (Vic) Sec 69 Sec 35 & 36 Sec 58 (1) (a) Sec 58 (1) (b) Sec 58 (1) (c) Sec 72 (1) (a) Sec 72 (2) Sec 58 (1) (d) Sec 58 (1) (e) Sec 58 (1) (f) Sec 38 (4) (d) (i) - 2 -

3 What does a Health and Safety Rep do? (cont) Role and function Attends initial training and refresher training each year. Other VWA approved training. HSRs have the right to choose the training course and must give their employer a minimum of 14 days notice. If possible even 21 or 28 days. HSRs have the right to seek advice from AWU and/or request assistance from the VWA if management does not agree. OHS Act (Vic) Sec 67 Issues a Provisional Improvement Notice (PIN) Works towards resolving OHS issues on behalf of DGW together with management Gives a direction to cease work in accordance with the Act Can request a review of an inspectors decisions Has the right to conduct their role as the HSR for the DWG including all of the above without discrimination by employer. HSRs have the right to exercises their powers and duties free from discrimination. No duty or function is imposed upon the HSR by the Act or any regulations If the HSR reasonably believes there has been a contravention of the Act, they need to raise the issue with person. If this fails, they may issue a PIN but only after consulting with that person about the contravention. Issuing a PIN should not be the first step. It is essential to give feedback to members of DWG. This is done in the case of an OHS issue arising, and is a immediate threat to the DWG or is an immediate threat to any person. Must consult with members of DWG. If the HSR is unhappy with the inspector's decision there is an appeal provision in respect to that decision. If this is the case, it is advisable to contact AWU OHS Officer for support. Employers have an obligation to all HSRs to ensure they perform the tasks they have the legal right to conduct. This includes providing facilities. It is unlawful for an employer to discriminate against an employee if they are a HSR, a member of an OHS committee, exercising their powers as a HSR or member of an OHS committee. The HSR has powers under the Act to perform the role of HSR but is not liable. However, all HSRs need to be aware of the implications of the amended Federal Industrial Relations Act (Workplace Relation Act 1998 Cth). Seek advice from your union. Sec 60 (1) (a), (b) Sec 73 (1) Sec 74 (1) (a), (b), (c) Sec 127 (1), (2) Sec EBA Sec 66.4 Sec 76 (1), (2) Sec 58 (3) - 3 -

4 10 point checklist for newly elected HSRs. 1. Notify your manager and the Nominated Management Representative that you have been elected to be the HSR for your DWG. 2. Meet and discuss with your manager: a) Access to Internet, phone, , fax and office as per EBA Sect 66.4 b) Paid time off to do the role including relevant training and managing your workload as per EBA Sect 66.4 c) Negotiate attending 5 day OHS Representative training d) Paying associated costs relating to training e) Clarify your role f) Name and contact details of nominated management representative who can be approached for OHS matters in the workplace including issue resolution g) Scheduled dates of OHS Committee meetings h) The need to consult on any OHS matters that may affect the DWG you represent i) The need to be involved in regular OHS workplace inspections in your DWG. 3. Gather any OHS documentation a) Local policy & guidelines & action plans b) Agreed issue resolution process c) OHS strategies, action plans and policies on OHS and issue resolution processes d) Contact list of AWU OHS unit 4. Ensure that members of the DWG you represent have your contact details and discuss the best way to reach you with each of them. 5. Start keeping a notebook to record/log all OHS issues. Use the local incident report forms or contact employer OHS unit to obtain forms

5 Getting in on the Act As a HSR it pays to familiarize yourself with the OHS Act (Vic). You may get a copy of the Act by requesting your employer to purchase a copy for your use. AWU OHS unit issue copies during OHS Rep training. You can also download a copy of the Act from VWA website. ( Start to get familiar with the legislation. There is a lot to learn and no one should expect you to be an expert because it is more than just knowing the Act off by heart. Pace yourself and plan to spend no more than two or three 20 minute sessions each week. You may prefer to do this in stages and prioritise sections. Remember, learning is continuous so build on what you know each day. Here are 10 useful sections to get you in on the Act: 1. Principles of OHS Section 4 2. Definitions Section 5 (1) health 3. The concept of ensuring Health & Safety section Main duties of employers section Duties of employees section Duty of employers to consult with employees section Election of Health & Safety Representatives Section Powers of Health & Safety Representatives Section Provisional improvement notices Section Resolution of health & safety issues Section 73 Sec: The principles of health and safety protection The OHS Act () now has a set of principles that underpin the key elements of the Act and OHS in the workplace. It is useful to refer to the principles regularly when interpreting the intentions of the Act. These principles can also be used as a guide when dealing with OHS issues. Below is an extract from the Act. (1) employees to be given the highest level of protection against risks to their health and safety that is reasonably practicable* in the circumstances. (2) Persons who control or manage matters are responsible for eliminating or reducing...risks so far as is reasonably practicable* (3) Employers should be proactive, and take all reasonably practicable measures, in the conduct of undertakings (4) Employers and employees should exchange information and ideas about risks to health and safety (5) Employees are entitled and should be encouraged, to be represented in relation to health & safety issues - 5 -

6 In section 20 (2) determining reasonably practicable must take into account the following: a) The likelihood of a hazard of risk happening; b) The degree of harm that would result if the hazard or risk happened c) What the person concerned knows or ought to reasonably know about the hazard or risk and any ways of eliminating or reducing the hazard or risk; d) The availability and suitability of ways to eliminate risk or reduce the hazard or risk; e) The cost of eliminating or reducing the hazard or risk. Consultation Employers have a duty to consult with all employees either directly or through their Health & Safety Representatives on all workplace OHS issues that affect the DWG. As mentioned in the Objects (Sec 2) and Principles (Sec 4) and clearly in Sec 35 of the Act, employers are required to consult with employees. The requirement to consult is also found in the Regulations such as Manual Handling and it is the focus of all guidance notes. Consultation can be a complex process and is more than just being told. The process has also been defined in Sec 36. Below is an extract from the OHS Act (Vic) : Sec 36 (1) An employer who is required to consult with employees must do so by (a) sharing with employees information (b) giving the employees a reasonable opportunity to express their views (c) taking into account those views (2) If the employees are represented by a HSR, the consultation must involve that representative - 6 -

7 What s the difference between a HSR and a NMR? Health & Safety Rep (HSR) OHS Act Nominated Management Rep (NMR) Known as the Health & Safety Rep or Sec 4 (5) Known as the Health & Safety HSR and can represent DWG Coordinator/Officer/Manager Elected by members of the Sec 54 (1) Nominated or appointed by Designated Work Group (2) (3) Management Is a member of DWG Sec 54 (2) Should be a member of the (a) management team Elected for a maximum 3 year term of Sec 55 (1) Ongoing responsibility for OHS in office. (2) (3) the workplace HSR standing prior to 1/7/05, their Sec 3 (1) term is for an additional 3 years Sec 164 Is entitled to attend an accredited 5 day basic OHS training course and annual refresher courses with 14 days notice to employer. Attend any other OH S training approved by VWA e.g. during OHS week, OHS Act briefings with 14 days notice to employer. Has the right to choose the training course approved by VWA and relevant to the worker Not responsible for resolving OHS issues in the workplace such as faulty plant/equipment, hazards around the office environment and taking charge of risk assessments. However, they are entitled to participate in the undertaking of OHS activities and to be consulted in any decision-making. Has the right to be consulted on all OHS issues affecting the DWG and be represent the DWG on OHS Committees Is entitled to undertake their role as HSR and be allowed paid time off to perform that role (1)(a) (b) Sec 67 (1) (a) & (b), (2) (a) Sec 69 (1) (d) (ii) Sec 67 (3), (5) Sec 36 (1) (2) (3) Sec 2 (d) Sec 4 (4) Sec 36 (1) (3) Sec 72 (2) Sec ( 69) Sec (70) Sec (71) Is obliged to allow HSRs time off work to attend training and pay for costs. Management must be competent in OH S. See the VWA website for an information sheet. Obligation of employer to allow HSRs to participate, to pay for costs. Obligation of employer to allow HSRs to choose relevant training course. Management is responsible for OHS issues in the workplace in consultation with HSRs. Duty to consult with employees Must consult with employees directly or through the HSR OHS are part of management responsibilities OHS Act Sec 73 (2) (a) (b) Sec 73 (2) (a) (b) N/A Sec 67 Sec 69 (1) (d) (ii) Sec 67 (5) Sec 4 Sec 21 (1) (4) Sec 22 (1), (2) Sec 23 Sec 26 Sec 35 (1) (3) Sec 2 (d) Sec 35(1) (3) Sec 36 (1) (3) Sec

8 What s the difference between a HSR and a NMR? (cont) Health & Safety Rep (HSR) OHS Act Nominated Management Rep (NMR) Is entitled to seek assistance Sec 2 (1) Must allow HSR assistance (d) access/entry to work site to provide Sec 58 (1) the HSR with the assistance. (f) Sec 70 (1) Should not be discriminated because of their role and duties May issue a PIN after consultation with the relevant person No liability for health & safety in the workplace because no responsibilities imposed under the OHS Act. Caution with IR Act. OHS Act Sec 76 Must not discriminate Sec 76 (1) (2) (3) (4) Sec 77 Sec 78 Sec 60 (1) (a) (b) (2) (3) Sec 58 (3) Cannot issue a PIN. May receive a PIN and must act on it or appeal within 8 days Liable for contravening health & safety Sec 60 (4) (a) (b) Sec 2 (1) Sec 63(1) (6) OHS Summary Pgs Designated Work Groups (DWGs) DWGs are the foundation of OHS consultative frameworks. Part VII of the Occupational Health and Safety Act sets out the process for establishing/varying a DWG. The purpose of DWGs is to ensure that employees' OHS matters are best represented and safeguarded. DWGs are made up of employees who share similar OHS issues in their workplace. The new OHS Act () allows for employees of a DWG to be located in various work sites; be employed by multiple employers and/or contractors. Sec 43 of the legislation prescribes that DWGs are to be determined by negotiation between the employer and the employees. Any employee/s may request the establishment of a DWG and employers are to start negotiations within 14 days of the request. Negotiations concerning the establishment or variation of the DWG are covered in Sec 44. They include: number and structure of DWGs - i.e. how to best group the employees number of Health and Safety Reps - i.e. 1 or more per DWG number of Deputy Health and Safety Reps - i.e. 1 or more per DWG the term of office i.e. up to 3 years* whether the HSR is authorized to represent independent contractors who work at the workplace

9 *Sec 55 (2) A person ceases to be the HSR if that person: stops being a member of the DWG; is disqualified (see sect 56); person resigns in writing to the employer or a majority of the members of the DWG resolve in writing that the person should no longer represent the DWG but only after they have been in office for at least 12 months. Under Sec 44 (3) employees of the DWG may negotiate a variation of the agreement at anytime. Under Sec 46 negotiations of the establishment or variation of the DWG, need to take the following matters into account: (a) the number of employees at the workplace/s (b) the nature of each type of work performed (c) the number & grouping of employees who perform the same or similar work or arrangements (d) the areas in which the work is performed (e) nature of any hazards at the workplace (f) overtime or shift work (g) other languages are spoken If no agreement is reached either party may ask for Victorian WorkSafe Authority for assistance. Once all parties have agreed, then management needs to establish the DWG giving written notice to the employees. Under Sec 53, it is an offence to coerce anyone from requesting the establishment/variation of the DWG, interfering with the negotiation processes or about being represented in the negotiations. It is for the members of the DWG to determine how elections for HSRs and Deputy HSRs are to be conducted once the establishment/variation is successfully negotiated. If the members of the DWG cannot agree on how the election is to be conducted they may ask for an inspector to conduct the election or appoint someone else to do it such as the union or HSR Support Officer. It is not for the employer to have a view about its appropriateness. An up to date list of DWGs, HSRs and/or deputy HSRs should be displayed in nominated areas where all can to view it such as in the dinning area and/or by the photocopiers, etc Electing HSRs for Designated Work Groups Section 54 of the Occupational Health and Safety Act states that elections of Health & Safety Representatives (HSR s) are to be determined by the members of the Designated Work Group (DWG). The election process may include calling a meeting and having a show of hands or by secret ballot

10 Calling for nominations Appoint a returning officer who then calls for nominations. If there is only one nominee, that nominee is declared elected under sec 54 (6). Nominations may be called via and/or via notices on boards in public places. Call for nominations: o Only members of the DWG may be nominated for the election. o Nominees must be employees that work in the DWG and must be interested in being an employee representative. o Members of DWG s may decide if they need a Deputy HSR and include this in the nominations & election process. Include closing date and time for nominations (within 7 14 days). Include closing date and time of the election/secret ballot (on or close to closing date of nominations). Declaration of nominations If there is more than one candidate, the returning officer: o Draws up the nominee list. Here s a suggestion: o All names placed in a hat (using the same colour and size paper), and drawn out to provide their place on the ballot paper. o Displays and/or s the list of nominees in a public place in view of all members of the DWG where it is expected that all members will see the nominations and be informed about the election. Manner of nomination All nominations should be in writing; signed by the candidate The returning officer should note the time and date that the nomination was received and keep it in a safe place. Where two persons nominate, consideration may be given to one of these becoming the Deputy HSR if agreeable by both parties. a. Withdrawal of nominations Candidates may withdraw from nominations at any time, preferably in writing, to the returning officer who notifies the DWG. The election On the day of the election a final notice can be ed to all staff reminding them that the election is to be held at a particular time and place. Each member of the DWG is eligible to 1 vote only. The election can be by first-past-the-post, i.e. the candidate who receives the most votes wins

11 Election by Secret ballot Management should provide the returning officer a list of the employees in the DWG The returning officer must issue ballot papers and an envelope to all members of the DWG and tick each member of the DWG off the list. A sealed box can be used as a ballot box and located at the returning officer s workstation for members of the DWG to place their completed ballot papers. A notice on the ballot paper explains that the person voting is required to place a tick in the box next to the name of the candidate they choose. With first-past-the-post voting it is essential that only one tick is placed against one name. Each candidate is able to select a support person as a scrutineer to view the vote counting. The returning officer may choose a helper/s. Ballot papers must NOT be handed over to candidates or scrutineers. Ballot papers received after the close of the poll cannot be included in the count. The ballot papers should be kept in a locked place until all the candidates are advised of the result and after a fairly brief period destroyed (There is no need to retain votes for longer than a fortnight, after all candidates know the outcome). Election by show of hands On the day of the election, a meeting is held at a time suitable to all members of the DWG. Nominees are read out one at a time and members vote by show of hands. The returning officer counts the number of hands for each nominee. Election result The result should be announced to the DWG. The number of votes for each candidate may be disclosed to the members of the DWG but it is advisable to announce a winner only. Resources for Health & Safety Representatives Websites: Victorian WorkCover Authority. This site has useful items such as the Act, Regulations, Codes of Practice, guidance notes and information for employees. - Victorian Trades Hall Council OHS unit. The site is useful for current OH & S issues. Find SafetyNet Journal on the menu to subscribe to and receive a free monthly newsletter. The site also has links to other national and international websites