Occupational Health and Safety Practitioner. Learning Guide UNIT BSBOHS503B ASSIST IN THE DESIGN AND DEVELOPMENT OF OHS PARTICIPATIVE ARRANGEMENTS

Transcription

1 Occupational Health and Safety Practitioner Learning Guide UNIT BSBOHS503B ASSIST IN THE DESIGN AND DEVELOPMENT OF OHS PARTICIPATIVE ARRANGEMENTS January 2009

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3 Government of Western Australia Department of Commerce Published by WorkSafe, PO Box 294, WEST PERTH WA Tel: Toll Free Author: Jane Taylor Applic8 Pty Ltd, PO Box 1092 Canning Bridge, Applecross WA The SafetyLine Institute material has been prepared and published as part of Western Australia s contribution to national OHS skills development State of Western Australia. All rights reserved. Details of copyright conditions are published at the SafetyLine Institute web site. Before using this publication, note should be taken of the Disclaimer, which is published at the SafetyLine Institute web site. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 2

4 Contents OVERVIEW...5 Assessment...6 Required readings and resources...7 Further information...7 Your feedback...8 Glossary of terms...8 INTRODUCTION...10 ELEMENT 1: IDENTIFY NEED FOR OHS PARTICIPATIVE ARRANGEMENTS Review OHS legislation for participative arrangements Identify f actors impacting on design of participative arrangements Review o rganisational policies and procedures Review e ffectiveness of existing workplace arrangements Define Information and consultation requirements...37 Case Study Activity ELEMENT 2: DESIGN OF PARTICIPATIVE ARRANGEMENTS Design processes for providing OHS information and data Design p rocess to enable individuals and groups to be consulted Identify and document t raining needs Review recommendations for participative arrangements...52 Case Study Activity ELEMENT 3: DEVELOP PARTICIPATIVE ARRANGEMENTS Develop p olicies and procedures for participative arrangements Identify k ey personnel for participative arrangements Develop s trategies for the delivery of training Identify and document r esources for participative arrangements...67 Case Study Activity JANUARY 2009 SAFETYLINE INSTITUTE PAGE 3

5 ELEMENT 4: IMPLEMENTATION OF PARTICIPATIVE ARRANGEMENTS Determine p riorities for action in consultation with stakeholders Deveop action plans Provide a dvice and support to key personnel Monitor i mplementation Make r ecommendations for adjustments to implementation...84 Case Study Activity ELEMENT 5: EVALUATE PARTICIPATIVE ARRANGEMENTS Design the evaluation protocol in consultation with stakeholders Develop a plan for collecting information and data Analyse and evaluate i nformation and data Make r ecommendations for improvement following evaluation Provide a report on evaluation outcomes and make recommendations Seek f eedback and develop an action plan Case Study Activity ON-LINE UNIT TEST QUESTIONS INTEGRATED PROJECT ASSESSMENT Assessment portfolio from learning guide Project review checklist Third party (manager/mentor) report Skills checklist Interview questions PAGE 4 SAFETYLINE INSTITUTE JANUARY 2009

6 OVERVIEW Welcome to the Unit of Competence BSBOHS503B Assist in the design and development of OHS participative arrangements. OHS and health and safety are used in this guide even though relevant legislation and guidance material in some jurisdictions uses OSH and safety and health. This unit specifies the outcomes required to design, develop, implement, monitor and review workplace arrangements for the consultation with and participation of employees and others in OHS activity and decision-making. The outcomes are designed to ensure participative arrangements are an integral part of the organisation s system for managing OHS, and that participative arrangements are clearly linked to an action planning and continuous improvement approach to OHS. This unit takes into account the responsibilities for managing OHS. It covers the actions required to participate in the design, development, implementation and review of effective participative arrangements as an integral part of implementing a systematic approach to managing OHS, including formal and informal participative processes. Participative arrangements include consultation and communication processes within an organisation or business unit. The actions required to influence others from an OHS perspective are also covered. This unit may be completed in an integrated approach together with BSBOHS501 Participate in the coordination and maintenance of a systematic approach to managing OHS. The Unit of Competence consists of five elements and 24 performance criteria, which are reflected in the format of this learning guide. Each section covers a competency element and each sub-section covers a required performance criterion. You can access a copy of the actual competency unit from the National Training Information Service at: JANUARY 2009 SAFETYLINE INSTITUTE PAGE 5

7 It is important that you read the Course Guide before commencing this learning guide, as it contains important information about learning and assessment. It is particularly important to read it if you feel you may already be able to provide evidence that you meet the performance criteria for this unit. You can access the guide at: Assessment Assessment is the process of checking your competence to perform to the standard detailed in each element s performance criteria. At the end of each element of the learning guide are activities designed to enable you to collect evidence for assessment. They are also listed in the assessment section at the back of the guide. Note that to gain achievement in this unit of competence you have to provide at least three examples of the design and development of OHS participative arrangements. While there should be some access to a workplace and actual activities associated with a systems approach to managing OHS participative arrangements, part of the assessment may be through simulated project activity, scenarios, case studies or role plays. While the case studies in this learning guide give examples of how to assist in the design and development of OHS participative arrangements, where possible you should have an OHS practitioner as a mentor or coach to assist you in developing the practical skills to apply your knowledge. When you have completed this learning guide you should contact a participating training provider (see who will, for a fee, be able to have your competency in this unit assessed by a qualified assessor and subject expert. This unit may be assessed alone or as part of an integrated assessment activity involving related units, such as BSBOHS501 Participate in the coordination and maintenance of a systematic approach to managing OHS. PAGE 6 SAFETYLINE INSTITUTE JANUARY 2009

8 When collecting material for your assessment portfolio, please ensure that you protect the confidentiality of colleagues, workers and other people, and block out any sensitive information. If you have any doubts about confidentiality issues, contact the organisation concerned. Required readings and resources The on-line Readings and Resources at the Safetyline Institute web site provides additional material to help you understand and complete the activities in this learning guide. Further information Each OHS jurisdiction in Australia has an Internet site to allow easy access to relevant OHS legislation and information. In some jurisdictions, mining and petroleum safety is administered by a separate government authority, which would have its own web site. WorkSafe s web site has links to many of these jurisdictions: Other web sites that may be of interest are: responsible for workplace safety, rehabilitation and compensation in the Commonwealth jurisdiction; maritime safety; nuclear and radiation safety; air safety; national oil and gas safety; Australian seafarer s occupational health and safety; for Commonwealth, state and territory occupational health and safety acts and regulations; and the Australian standards organisation. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 7

9 Your feedback We are committed to continuous improvement. If you take the time to complete the on-line Feedback Form at the SafetyLine Institute web site you will help us to maintain and improve our high standards. You can provide feedback at any time while you are completing this learning guide. Glossary of terms Some terms relevant to this unit are defined below. Make sure that you are familiar with the Glossary of terms before going any further. When they are first used, glossary terms are indicated in the learning guide with an asterisk (*). Participative Arrangements Employer OHS Representatives OHS Committees Arrangements that ensure a range of individuals and groups participate in OHS decision-making in the workplace. For example, OHS committees, OHS representatives, special OHS project groups, employee and supervisor involvement in OHS inspections, audits, hazard reporting, teambased risk assessments. An employer is a person who employs an employee under a contract of employment or as an apprentice or trainee. Provisions for OHS representatives are set out in OHS legislation under each jurisdiction. Provisions for OHS committees are set out in OHS legislation under each jurisdiction. Workplaces may also design their own arrangements for committees, once legal requirements have been met. PAGE 8 SAFETYLINE INSTITUTE JANUARY 2009

10 Systematic approach OHS Legislative Framework Duty of Care OHS policies and procedures Comprehensive processes that are combined in a methodical and ordered manner to minimise the risk of injury or ill health in the workplace. A process of design and planning, implementation, monitoring, review and evaluation for ongoing improvement. OHS legislation acts, regulations, codes of practice, guidance notes (may include A/NZ Standards referenced in regulations or codes of practice). The term duty of care or general duties describes fairly broad responsibilities for a wide range of parties associated with the work environment and is set out in OHS acts. Documents underpinning the OHS plan and action plans that describe how, for example, tasks, inspections, jobs and processes are to be undertaken. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 9

11 INTRODUCTION Required knowledge and understanding This unit of competency covers the skills required to participate in the design, development, implementation and review of participative processes as an integral part of a systemic or systematic approach* to OHS. It reflects modern OHS legislation s focus on the control or management of risk through consultation and identification and assessment of OHS hazards and control of OHS risks. The Activities at the end of each element will guide you to achieve the performance criteria. However, you will also need to acquire and demonstrate the necessary knowledge and understanding. Therefore, you should include relevant notes and supporting evidence in your assessment portfolio and ensure that you can explain: what is meant by a systematic approach to managing OHS; the concept of duty of care*; OHS legislative requirements for consultation, communication, information and data; roles and responsibilities of key personnel for the design, development, implementation and review of OHS participative processes (eg, OHS committees*, OHS representatives*, line management and employees); role and rights of OHS inspectors; sources of OHS information and data; how the structure and the characteristics/composition of the workforce (eg, part-time, casual and contract employment arrangements, shift rosters), geographical and physical location and the culture of organisations should influence design and development of participative processes in order for those processes to be effective; formal and informal participative processes and key personnel; PAGE 10 SAFETYLINE INSTITUTE JANUARY 2009

12 policies and procedures for OHS participative processes; and how to influence others in an organisation, such as line management, in the context of managing OHS and achieving an effective OHS culture. As you work through the Activities, also include in your assessment portfolio any reports and memos for which you have been asked. You should also have evidence of the relevant documents accessed or downloads collected. This may be through a resource file including electronic copies of the documents accessed. Required skills and abilities You will also need to show you have the necessary skills and abilities for this unit. To do this, you should include in your assessment portfolio as much evidence as possible to show you can: participate in the design and development of OHS participative processes; communicate effectively with personnel at all levels of the organisation and with OHS specialists; provide advice to others in the workplace and explain OHS specialist information and data for the purposes of effective participation; undertake basic research to access relevant OHS information and data; conduct formal and informal meetings; employ project management skills to achieve change; prepare written materials and reports for a range of target groups including OHS committees, OHS representatives, managers and supervisors; and employ consultation and negotiation skills, particularly in relation to developing plans and implementing and monitoring designated actions. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 11

13 Commonwealth, state and territory legislation Under Australia s federal political structure, OHS is the responsibility of the states and territories with commonwealth law covering only the OHS of Commonwealth employees and certain other types of workers (eg, certain maritime and petroleum industry workers). OHS law in some states and territories is divided so that separate legislation applies to mines and petroleum facilities. In most states and territories there is also separate legislation to regulate dangerous goods and major hazard facilities. Other important areas covered by legislation also relate and/or overlap with OHS legislation, for example, electrical safety, radiation protection, health, rail and maritime safety. In addition, equal opportunity and industrial relations legislation sometimes impacts on OHS (eg, concerning issues such as working hours and shift work, harassment and bullying and certain work carried out while pregnant or breast feeding). Workers compensation legislation also impacts on OHS information, and statistics and national injury trends are composed from workers compensation statistics that must be reported under that legislation. Clearly such data is very useful for obtaining a picture of OHS injury patterns and trends overall, but it has some real limitations in terms of OHS analysis and must be interpreted with caution. Workers compensation data should never be relied on alone to inform decisions on OHS priorities for an organisation or industry. PAGE 12 SAFETYLINE INSTITUTE JANUARY 2009

14 National coordination Australia is working to achieve a nationally consistent approach to the regulation of OHS in the states and territories through Safe Work Australia (SWA). SWA is not a regulatory authority and so it does not make or enforce laws. SWA provides a forum for achieving a national approach through, for example: producing key national standards as a model for laws in each Australian jurisdiction to help achieve nationally consistent regulation; providing OHS statistics; providing a central point for access to practical guidance on solving OHS problems; and setting the national OHS research agenda. Safe Work Australia s objectives are achieved through implementing a National OHS Strategy and through coordinating a national forum that operates through meetings and its committees. Safe Work Australia works to: provide national leadership to implement and further develop the National Strategy effectively; improve the prevention of occupational death, injury and disease across Australia; and provide a national forum for the cooperative improvement of OHS prevention efforts. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 13

15 Modern OHS legislation Modern OHS legislation is generally described as performancebased legislation where the focus in on the outcomes to be achieved through the participation of all the parties in the workplace, rather than setting out mandatory detail or prescribing detailed processes. OHS legislation has been developed with the following factors in mind: no two workplaces are completely alike; workplaces themselves are changing from moment to moment (eg, with shift changes, maintenance work, deliveries, unexpected events such as weather or plant break downs); and workplaces often function in complex dynamic environments, often with rapidly changing technology. As a result, OHS legislation has to be flexible enough to allow for these factors while providing clear standards and guidance. This is why modern legislation has a focus on problem solving and outcomes rather than relying totally on mandatory detail, which may not suit all workplaces or situations, may take a long time to develop and codify in legislation and may be out-of-date very quickly. OHS legislative framework The OHS legislative framework* consists of a principal Act supported by regulations both of which have the force of law and contain significant penalties and advisory codes of practice and guidance notes, which are not compulsory. Safe Work Australia is currently attempting to achieve nationally consistent legislation. The Act provides for the administration and enforcement of OHS and places broad duties on a range of parties in the workplace including employers*, employees, self-employed people, designers, manufacturers, importers and suppliers. PAGE 14 SAFETYLINE INSTITUTE JANUARY 2009

16 The Act also provides for what can be covered in Regulations. Regulations must give effect to the purposes of the Act they must deal with the purposes of the Act and cannot go beyond those purposes. Regulations set out detailed requirements and also have the force of law. Regulations may cover matters such as notification of commencement of certain activities, approvals, inspections and certificates, and general requirements such as personal protection clothing, confined spaces and safety signs. Codes of practice are generally approved under the Act by the relevant Minister to give: practical advice on ways (strategies) to prevent people being exposed to harm in the workplace; and a practical way to achieve any standard, rule, provision or specification required by OHS Acts or Regulations. It is not compulsory to follow what is in a code of practice. The directions in a code on how to achieve an OHS standard are not the only acceptable way of achieving that standard. People cannot be prosecuted directly for failure to do what a code says. However, they must meet the standard set by the Act or Regulations. General duty of care OHS Acts across Australia are based on the concept of a duty of care. The term duty of care or general duties describes fairly broad responsibilities for a wide range of parties associated with the work environment. All OHS Acts contain fairly similar duties. Under the Acts, all parties involved with work have responsibilities or duties for safety and health at work. This includes employers, employees, self-employed people and others, such as people who control workplaces, design and construct buildings or manufacture and supply plant. Contractors and their employees, as well as labour hire and other employment arrangements, are also covered by OHS legislation and duties. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 15

17 The Acts set out broad duties for OHS, for example in Western Australia the Act provides that: an employer must, as far as practicable, provide a work environment in which employees are not exposed to hazards; employees must take reasonable care for their own safety and health, and avoid doing anything that might harm the safety or health of others; and self-employed people must, as far as practicable, ensure the work or any hazard that arises or is increased by the work or system of work does not adversely affect the safety and health of others. Everyone has a role to play in achieving a strong OHS culture A central principle of modern OHS legislation is the importance of consultation, participation and cooperation. OHS legislation provides a framework for consultation on OHS between employers and employees. The consultation and participation provisions of OHS legislation recognise that the best way to achieve safe and healthy workplaces and a strong OHS culture in an organisation is to make sure the parties in the workplace cooperate and work together to identify and manage OHS issues. To achieve a safe and healthy (as well as a productive workplace) everybody needs to be involved. It makes sense that employers and employees and others participate in identifying hazards and discuss solutions to safety problems. Most OHS legislation places a broad duty on employers to consult and cooperate with their employees regarding OHS. The participation of employees is essential to effective OHS management. Employees often have day-to-day experience of a particular work process and have hands-on experience with what is happening in practice. These employees are a vital source of information and ideas on OHS issues. It is also important to involve employees (and contractors and other parties where appropriate) in the decision-making process because they are more likely to accept and champion actions taken to fix problems where they feel they have been genuinely involved. PAGE 16 SAFETYLINE INSTITUTE JANUARY 2009

18 Effective OHS consultation and participation occurs where there is a collaborative OHS culture and the consultation is: GENUINE PLANNED PRO-ACTIVE FOCUSED The organisation (senior management and you as the safety practitioner) really does value and involve key stakeholders and other parties; Consultation takes place early in the decisionmaking process; The organisation (senior management and you as the safety practitioner) encourage all parties to be pro-active about OHS; and Can be demonstrated that it achieves real and measurable OHS outcomes. OHS consultation may be undertaken through, for example: meetings, workshops, suggestion boxes, surveys on specific OHS issues; employee participation in OHS activities, such as inspections and audits; establishing formal OHS consultation processes (eg, electing safety and health representatives and establishing an OHS committee); and formal involvement in procedures for identifying hazards and assessing risks. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 17

19 Systematic approach to managing OHS Arrangements for consultation and participation are an essential part of a systematic (or systemic) approach to decision-making about health and safety. Systematically managing OHS ensures a pro-active and planned approach to an organisation s consultation. A systematic approach to managing OHS involves: comprehensive processes that are combined in a methodical and ordered manner to minimise the risk of injury or ill health in the workplace; and a process of planning, allocation of resources, communication and consultation, hazard management, record-keeping and reporting, training and competency, and review and evaluation for ongoing improvement. This unit of competence is structured around a systemic model of continuous improvement, which makes sure that decisions on participative arrangements* for a workplace are implemented and reviewed so that they are meaningful and working effectively. Management Systems Model Control Function Policy Process Management review Planning Monitoring & corrective action Implementation & operation AS 9001, AS & AS 4801 PAGE 18 SAFETYLINE INSTITUTE JANUARY 2009

20 Plan, Talk, Do, Review A more simple business management model also provides you with a systematic approach to managing OHS with the participation of employees and others as a key element: PLAN TALK DO REVIEW Think about what may affect employees and others safety or health. This step is to identify hazards and assess the risks they pose. Consult with employees and others. Ensure there are processes in place that allow employees and others to participate in the process for identifying, reporting and assessing OHS risks. Take what action is needed to make the workplace safe. Put risk controls in place. Take action to involve as many people in the discussions as possible. In some organisations, managers grudgingly involve the workforce and offer only token information or involvement through and between safety representatives and managers (Waring 1996). Consulting with and sharing OHS information at all levels of the organisation increases the likelihood of ownership of the change at local level. Monitor and review (evaluate) OHS actions or measures taken to control risk. This is an important step because you need to make sure controls put in place are actually working and are effective over time. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 19

21 REVIEW Review OHS actions to make sure they are working PLAN Identify hazards and assess the risks they pose. Set priorities & objectives. DO Take action to control risks TALK Consult with employees about OHS matters Communication As an OHS practitioner, the ability to communicate effectively with a wide range of individuals and groups with different cultural, language and literacy backgrounds is one of the most fundamental skills you need to have. This is particularly so in the context of participative arrangements, which are fundamentally about communication and involvement. One way to think about communication in OHS terms is to ask yourself the following: Why are you communicating? For example: to change behaviour or influence a wide range of individuals and groups? to provide advice, support, instruction and information? to motivate and be inclusive? or to seek insight into other people s perspectives and gain information? PAGE 20 SAFETYLINE INSTITUTE JANUARY 2009

22 What are you communicating? For example: general OHS information? critical OHS tasks? or feedback on OHS performance? With whom are you communicating? You need to make sure your style of communication fits the circumstances and audience. You need to understand different individual s values, attitudes, motivations, perceptions and experiences. As an OHS practitioner it is important that you are: well informed and know where and when to get additional OHS expert advice; genuine and ethical in all your workplace dealings; non-judgemental; supportive and can demonstrate a firm understanding of operational demands and pressures on managers and supervisors; and, at the same time, able to demonstrate and follow through on a firm commitment to high standards of OHS management and behaviour, backed up by clear and fair processes. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 21

23 Element 1: IDENTIFY THE NEED FOR OHS PARTICIPATIVE ARRANGEMENTS In order to complete the first element of the competency unit successfully, you will have to show that you have satisfied the following performance criteria: 1.1 Review OHS legislation to identify legal requirements for participative arrangements. 1.2 Identify factors that may impact on the design of participative arrangements. 1.3 Review organisational policies and procedures to identify requirements and opportunities for OHS consultation and communication. 1.4 Review effectiveness of existing workplace arrangements, in consultation with stakeholders, for OHS consultation and communication. 1.5 Define information and consultation requirements, in consultation with stakeholders and key personnel, for specific roles and groups. After completing this element you should understand how and why modern OHS legislation supports the participation of all parties in the workplace to manage OHS; be familiar with common consultation provisions set out by most OHS legislation across Australia; and be able to access specific provisions applying in the various OHS jurisdictions. You should be able to identify and plan for a range of factors that may impact on the design of participative arrangements for an organisation. To ensure participative arrangements are integrated into the organisation s business effectively and therefore are part of a systematic approach to management, you should be able to consult and communicate effectively with a range of stakeholders and key personnel and be able to influence them from an OHS perspective. PAGE 22 SAFETYLINE INSTITUTE JANUARY 2009

24 1.1 REVIEW OHS LEGISLATION TO IDENTIFY LEGAL REQUIREMENTS FOR PARTICIPATIVE ARRANGEMENTS Identify jurisdictions You will need to identify which OHS laws apply in an organisation and be familiar with the various OHS jurisdictions. When you are clear about what OHS laws apply to an organisation or situation, you can then identify relevant documents and specific requirements and seek any advice/information you may need from the regulatory authorities for that jurisdiction. Most OHS authorities have web sites and links to relevant OHS information and legislation, and also provide Internet links to other agencies, states and territories. Everyone has a role to play in workplace health and safety; and OHS legislation sets out responsibilities for employers, employees and a wide range of other parties. OHS legislation also provides a consultative framework for achieving the involvement of all parties in OHS decision-making. While providing a framework within which to operate, OHS legislation does allow the parties at the workplace to decide on the best participative arrangements for that workplace or organisation. This is because the structure and characteristics of workplaces and employment arrangements vary enormously and what works for one will not necessarily work for another. Broad duty to consult Most OHS legislation across Australia includes provisions broadly requiring employers to: provide and maintain, so far as is practicable, a working environment for employees that is safe and without risk to health; provide information, instruction, training and supervision to employees; and consult and cooperate with any safety and health representatives and/or employees. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 23

25 OHS legislation across Australia therefore places consultation and cooperation as a central plank of any workplace OHS management activity to identify and assess OHS hazards and make decisions on controlling the associated risks. An example of a more defined duty on employers to consult and cooperate is provided by the NSW Occupational, Health and Safety Act (section 15), which specifically requires that consultation be undertaken in the following situations: When changes that may affect health, safety or welfare are proposed to the: premises where people work; systems or methods of work; plant used for work; or substances used for work. When risks to health and safety arising from work are assessed or when the assessment of those risks is reviewed. When decisions are made about the measures to be taken to eliminate or control risks. When introducing or altering the procedures for monitoring risks (including health surveillance procedures). When decisions are made about the adequacy of facilities for the welfare of employees. However, regardless of the detailed provisions contained in specific OHS legislation in the various jurisdictions, all employers, in order to meet their broad duty to consult, need to systematically ensure employees and others participate in the management of OHS risk at the workplace in a meaningful way. Contractors and labour hire companies Contractors and their employees may be referred to directly in OHS legislation or implied as 'other persons' in an Act. Generally the employer has a similar duty of care to contractors as that owed to employees, but only in relation to matters over which the employer has control. This includes all maintenance and repair services provided to the business such as computer specialists, gardeners and lawn mowing, cleaners, plumbers, air conditioning maintenance and electricians. PAGE 24 SAFETYLINE INSTITUTE JANUARY 2009

26 You will need to check what jurisdiction applies to an organisation and then identify how that OHS legislation applies to contractors and sub-contractors. Labour hire arrangements are often more complex and you will need to check under the jurisdiction that applies to an organisation to identify how OHS laws apply to labour hire and other nontraditional employment arrangements. It is a good idea to get advice from the regulatory authority on any duties owned by employers and labour hire companies towards labour hire workers. The reasons why consultation and participation are so important to effective OHS management, apply just as much to organisations where there are contractors and other people working. An organisation with a genuine and effective OHS culture will involve all the parties in the workplace, including contractors and their employees, and facilitate meaningful participation by those parties in OHS decision-making. Common legislative framework Most OHS legislation contains provisions allowing for and providing an administrative framework for the election of health and safety representatives and the setting up of OHS committees in the workplace. The merits of having health and safety representatives and committees include that they: provide a clearly identifiable mechanism for health and safety issues to be raised; assist with achieving solutions to health and safety problems; assist with investigating workplace OHS incidents, conducting inspections and evaluating the health and safety program; assist in promoting OHS in the workplace and achieving an OHS culture; and assist in the formulation and review of the OHS Improvement Plan. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 25

27 Health and Safety Representatives The basic premise of OHS legislation across all jurisdictions in Australia is that all employees should have the option of being represented on OHS issues by someone who is accessible to them and who understands their work environment and needs. A common feature of OHS legislation is the role of elected health and safety representatives. The features in OHS legislation relating to health and safety representatives in the various jurisdictions might include, for example, procedures and specifications for: employees or the employer to request the election of health and safety representatives; health and safety representatives to represent defined work groups or units; the time frame in which the employer must commence discussion about the election process after a request from an employee; how many health and safety representatives are to be elected; who is entitled to be elected as a health and safety representative; the conduct of the election process; any requirement for a secret ballot; what happens if a vacancy arises during the term of office of an elected health and safety representative; who will run the election; participation of contractors and their employees; functions and roles of health and safety representatives; training of health and safety representatives; employer s responsibilities towards health and safety representatives; and disqualification of a health and safety representative. PAGE 26 SAFETYLINE INSTITUTE JANUARY 2009

28 Health and Safety Committees Most OHS legislation in Australia provides a framework and procedures for setting up health and safety committees in the workplace. The types of features in OHS legislation relating to health and safety committees in the various jurisdictions might include, for example, procedures and specifications for: circumstances in which an OHS committee must be established; time frame within which the employer must respond to a request to establish an OHS committee; mechanisms for consulting on subsequent matters relating to the formation of the OHS committee; time frame within which the OHS committee must be established after being requested; deciding who can be on an OHS committee, and its composition; how people become members; coverage of an OHS committee; and functions of the OHS committee. OHS Issue Resolution OHS legislation generally includes provisions setting out procedures to resolve an OHS issue or problem, or to develop appropriate workplace procedures for resolving such issues. Arrangements cover the involvement of the OHS authority and its inspectors in resolving OHS issues. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 27

29 Where there is an OHS committee and/or representatives they should be involved in resolving OHS issues. Any workplace procedure should set out clearly: the need for OHS representative(s), supervisor(s) and then senior management to consider and attempt to resolve the OHS issue first; referral of unresolved OHS issues to the OHS committee; and involvement of OHS authority and its inspectors. Any action taken to resolve the OHS issue should be recorded. You may want to develop a flowchart for the OHS issue resolution procedures at your workplace. Other Arrangements Where an organisation is not large enough to have a health and safety committee or such a committee is unsuitable for the structure/nature of the organisation, the employer s duty of care obligation to consult with employees must be demonstrated by other methods which could include: achieving a consensus among existing employees regarding health and safety issues; ensuring that union representatives endorse policies; holding and documenting regular meetings; issuing agenda items prior to these meetings; using employee notice boards; and using employee suggestion boxes. PAGE 28 SAFETYLINE INSTITUTE JANUARY 2009

30 1.2 IDENTIFY FACTORS THAT MAY IMPACT ON THE DESIGN OF PARTICIPATIVE ARRANGEMENTS There are a range of factors that need to be identified and taken into consideration when designing and developing participative arrangements for any particular organisation and workplace. When designing and developing participative arrangements, it is important to understand some of the realities about an organisation s operating environment. What works for a stable, unified and centrally located business with fairly little staff turnover and a constant product is not going to work for a diverse, dynamic, multi-location business with constantly evolving products and high turnover of staff. The following provides some guidance on the range of factors you will need to consider when assisting and working with an organisation as a safety practitioner to design effective and meaningful participative arrangements for that organisation. You should consult with a wide range of stakeholders and personnel to identify these factors and make sure you provide information on them to all the parties involved in designing the participative arrangements, including the employees themselves and any other workers. Communication factors such as language and literacy Effective communication is obviously critical to genuine participation. The specific needs of individuals in the workplace need to be taken into account. Individuals will have different levels of literacy and either may not speak much English or may not have English as their first language. For example, induction and instruction in policies and procedures need to reflect the language and literacy levels of each person, and things like safety and emergency warning signs, which are for the whole workplace, need to be based on easily understandable pictures, rather than complex language. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 29

31 Communication must be a two-way street. If individuals are to be able to participate in OHS activity in a meaningful way they need access to information in a format they can understand, and they need to be able to communicate back to OHS representatives, supervisors, OHS advisers and others easily. Diversity of workers Similarly, this is about recognising the differences in the individuals in your workplace. A one size fits all approach to OHS won t work. Employees may come from different cultural, age and educational backgrounds with different views about personal responsibility and authority; they will have different previous experiences, knowledge and skills and may have different learning styles. They may have external pressures and stresses in their lives or pre-existing physical injuries. All these factors need to be taken into consideration in designing and developing participative arrangements. Workplace culture The OHS culture in a workplace is critical to effective participation. A good OHS culture involves things like leadership and genuine management commitment, safety leaders walking the talk, supportive and constructive supervision, OHS risk management being seen as the permanent top priority that cannot be shifted down below such things as short-term production quotas. A genuine commitment to OHS and to the participation of employees and others can be identified easily through the following evidence sources (which should be recorded where appropriate): senior management seeks opportunities to obtain the views of employees and there is evidence that these views are genuinely included in actual decision-making; senior management participates in OHS activity and provides leadership by walking the talk ; pro-active opportunities are provided for the people doing the work to express their views including time and any required training; PAGE 30 SAFETYLINE INSTITUTE JANUARY 2009

32 where formal arrangements exist such as elected health and safety representatives, those representatives are given the support, training and resources (including time) they require to allow them to fulfil their functions effectively; relevant information and data is provided to employees on time and in a manner they can access it and understand it; procedures are in place for reporting OHS hazards; training in OHS participative policies and procedures is provided to employees and others; and clear feedback is provided to employees and others. If there is a poor OHS culture, then participative arrangements are likely to be seen as token only. In this situation you risk: a lack of ownership by employees; lack of sufficient information and skills at the points needed for good OHS performance; avoidance or resistance because of fear of blame; a tendency to a reactive approach; a it s not my problem it s someone else s attitude; or cynicism that its all talk and no action; or its one rule for us and a different one for them. Structural or environmental factors One of the most immediate impacts on the success or not of participative arrangements, and in particular mechanisms such as safety and health representatives and committees, are structural and/or environmental factors such as the geographical location of an organisation, multiple locations, size of locations, shift work, staff turnover, nature of product or work performed, supervisory arrangements and use of contracting, sub-contracting and labour hire workers and the nature of OHS hazards. All of the above factors need to be addressed when designing, developing and implementing all mechanisms for OHS communication, consultation and participation, including, for example, deciding on which groups of workers any elected health and safety representatives should represent. Most OHS legislation in Australia seeks to provide sufficient flexibility in the consultative provisions to allow for different structures and sizes of organisations and how the work is performed. You will need to identify the specific details for the OHS jurisdiction that applies to your organisation. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 31

33 An example of the type of flexible arrangements that are available is provided by the Western Australian OHS legislative provisions for a scheme arrangement where a contractor or employees of a contractor may be able to participate in the election for a health and safety representative and be elected as the representative. This recognizes the needs of industries and workplaces where there is a significant reliance on contract labour. In NSW, the OHS regulations require the diversity of the employees and their work to be taken into account when determining the composition of workgroups. (In NSW workgroups are a group of employees that is represented by a particular OHS committee or OHS representative.) Other arrangements which take into account the structure and environment of an organisation might include, for example, where a small employer reaches agreement with the employees to consult directly with them and in a more informal manner, such as in regular meetings where everyone comes together. This recognises the reality that some small businesses will not suit mechanisms such as elected health and safety representatives or committees, and allows OHS to be an integrated part of day-to-day operations for that business. 1.3 REVIEW ORGANISATIONAL POLICIES AND PROCEDURES TO IDENTIFY REQUIREMENTS AND OPPORTUNITIES FOR OHS CONSULTATION AND COMMUNICATION To manage OHS systematically, an organisation needs to: develop a statement of leadership and commitment, OHS objectives and broad strategy (OHS policy); plan and organise OHS activity (including deciding who is responsible for doing what and setting up a system for accountability); make sure those people with OHS responsibilities are given the skills and resources they need to take the required action; and regularly check that the OHS objectives are being met. PAGE 32 SAFETYLINE INSTITUTE JANUARY 2009

34 Policies and procedures are an important part of setting out in a planned and systematic way how the OHS objectives are to be achieved, and how everyone is to be involved in OHS activity. Policies and procedures As a safety practitioner you will be heavily involved in the development and documentation of OHS policies and procedures* as part of a systematic approach to managing OHS. Not everyone in an organisation will have the skills, time and resources to actually document procedures; therefore, the safety practitioner, working with all stakeholders, key personnel and technical experts, plays an important role in coordinating, conducting and advising on this activity. Thus, you will also be able play a key role in reviewing such policies and procedures to identify all the requirements and opportunities for employee involvement in OHS activity. A policy is usually a statement about an OHS issue and says what the organisation intends to do about the issue. A policy may describe: a desired standard; management s commitment; specific objectives; resources; responsibilities; time frames, implementation process; and review process. A procedure sets out step-by-step instructions on how to deal with an activity in the workplace. Procedures usually include: scope, definitions; responsibilities; any information, instruction, education, and training requirements; detail of processes and systems to be followed; monitoring, reporting, auditing and review; and documentation and record management. JANUARY 2009 SAFETYLINE INSTITUTE PAGE 33

35 There are often two distinct levels of policies and procedures management and operational. Management policies and procedures are often developed to underpin the overall system for managing OHS. These procedures set out the processes and systems required to meet the OHS objectives and OHS management performance standards; for example: consultation, maintenance and inspection programs, contractor management, hazard management, incident reporting and investigation, and fitness for work. Operational policies and procedures are about day-to-day operations. An example is provided by Standard Operating Procedures which set out simple and clear step-by-step instructions on the most efficient and safest way to carry out certain tasks and control specific risks. Specific examples are tag out and lock out isolation policies and procedures, and confined space entry policies and procedures. As policies and procedures include defined responsibilities at various layers of the organisation (eg, senior management, managers and supervisors, employees, OHS representatives, specialist roles) as well as outlining processes and specified actions, you will find there are many requirements in them for participation in OHS activity by employees and others. These need to be clearly identified and included in action plans developed for implementing policies and procedures (covered in more detail in Element 4). As well as defined requirements, OHS policies and procedures often contain opportunities for further consultation and communication with employees on OHS management and these can encourage greater personal ownership of OHS management by everybody. For example, this might be through involving employees in the development of action plans to implement the policies and procedures or though involving them in monitoring and review mechanisms. PAGE 34 SAFETYLINE INSTITUTE JANUARY 2009

36 1.4 REVIEW EFFECTIVENESS OF EXISTING WORKPLACE ARRANGEMENTS, IN CONSULTATION WITH STAKEHOLDERS, FOR OHS CONSULTATION AND COMMUNICATION Systems approach Understanding where an organisation is and where it wants to go to, is an important part of identifying participative arrangements and introducing a systematic approach to those arrangements for an organisation. Many organisations undertake a review of the existing OHS management in that organisation to provide a baseline from which to plan improvements. In addition, there may already be many good things that have been developed in the past, but they may not have been implemented systematically; and therefore many opportunities for pro-active OHS activity may not be happening in practice or not effectively. Remember, as explained in the Introduction, that a systematic approach involves a continuous improvement loop: Management Systems Model Control Function Policy Process Management review Planning Monitoring & corrective action Implementation & operation AS 9001, AS & AS 4801 JANUARY 2009 SAFETYLINE INSTITUTE PAGE 35