Workplace Safety Information Guide OHS Issue Resolution Reviewed: September 2015, Version 2
The key to effective resolution An issue resolution process which involves the consultation and collaboration of affected individuals ensures that health, safety and wellbeing issues, hazards and risks are addressed in a systematic and timely manner. Introduction An occupational health and safety (OHS) issue refers to any object, process, procedure, behavior or condition in the workplace that is believed to be a hazard or risk. The issue implies that there is a disagreement between the employee/s and the employer on the presence and severity of an OHS issue in the workplace and the control measures. The OHS Issue Resolution refers to the resolution or control of OHS issues in the workplace via a consultation process. The seriousness of the issue raised will dictate how quickly the procedure will be enacted to reach a resolution. As a guideline, the process to resolve non urgent issues should not take any longer than 4 weeks. To consider an issue as resolved, means that employee s are satisfied with the outcome, information provided or action taken. The OHS Regulations 2007 (part 2.2.) sets out specific guidelines for the resolution of OHS issues. Steps to Issue Resolution Steps Step 1 Step 2 Action Where an employee identifies an OHS issue they must advise their employer, line manager or designated HSR. If the employer or their representative is not available then the senior manager of the affected department/area can act as the employer s representative and attempt to resolve the issue. The employer is obligated to notify the employees, the HSR and the OHS Committee in an appropriate manner and language: If they intend to participate in the resolution of the issue personally or to nominate a delegate to act on their behalf. If a delegate is to be nominated then the employees and HSR must be provided with the person s name and role. Step 3 Step 4 The employer or their delegate, the employee and HSR (if available) must meet to discuss the issue as soon as is reasonably possible. The employer, delegate or line manager must then attempt to resolve the issue with the employee and HSR (if available). Resolution can involve implementing actions or control measures and monitor the implemented actions for effectiveness. During the resolution process the following must be agreed upon: The number and location of employees affected by the issue; and Whether appropriate temporary measures are possible or desirable; The timeframe for implementing a permanent resolution; and CONFIDENTIAL Page 2 of 5
Steps Action Who, on behalf of the employer, is responsible for performing and overseeing any action agreed necessary to resolve the issue. Step 5 Step 6 After the resolution of the OHS issue, the employee or HSR can request that the employee detail the issue and resolution in writing. This must be done to the satisfaction of all parties involves. As soon as is reasonably possible the employer must forward the details of the issue resolution to the employees affected by the issue and the OHS Committee (if established). Note: Either representative can request the details of the issue be put in writing to the satisfaction of both. Either representative can also call on other organisations (e.g. WorkSafe) to help resolve the issue. Employees can ask for Authorised Representatives of Registered employee Organisations (ARREOs) to attend the meeting. Outcomes for non-resolution of OHS issues The effective resolution of OHS issues plays an important part in facilitate a safe and health workplace. If an OHS issue is not resolved there is the potential for: Conflicts to develop which can create a poor work environment. Perceptions that management do not care about them Workers ceasing particular work tasks which can impact the organisation; Prosecution against the organization for not complying with the OHS Regulations. Developing an OHS Issue Resolution Procedure Any issue resolution procedure developed by the organisation must meet the following criteria outlines by WorkSafe Victoria. The procedure must have been agreed upon through consultation with the employer and all affected HSRs and employees. The procedure must outline a process or steps for resolving issues rather than setting out outcomes or solutions for specific circumstances. The main purpose of the procedure must be to resolve issues in the workplace. The procedure should only be used to resolve OHS issues and not used for other purposes such as for grievances or complaints. The procedure must be consistent with the roles and responsibilities set out in the OHS Act 2004 for example it cannot be used to remove the HSR powers. CONFIDENTIAL Page 3 of 5
When developing the procedure include: A description of the steps to be taken Who is to be involved during and after the resolution process Identification of the roles of various persons, including HSRs, employees, managers and supervisors in this process. Process for reporting the issues Timeline for resolving the issue after it is reported. A method for communicating the results of any agreement reached to employees and relevant stakeholders. Review process by the OHS Committee. The procedure can also include any factors that may be relevant to resolving the issue such as: Whether the hazard can be eliminated The number and location of employees affected by the issue The timeline for implemented permanent controls Implementation of short term measures before the permanent control can be implemented. Whether environmental monitoring of the hazard is required. Who is responsible for performing and overseeing the removal of the hazard or risk Availability of control measures. Definitions HSR OHS ARREOs Health and Safety Representative for a specific work group Occupational Health and Safety Authorised Representatives of Registered employee Organisations Further Information For further information contact Xchanging s Safety and Wellbeing Unit on 9947 3117 or safetyandwellbeing@au.xchanging.com References Occupational Health and Safety Act (2004), Victorian Legislation and Parliamentary Publication, Act no. 107. Occupational Health and Safety Regulations 2007, Victorian Legislation and Parliamentary Publication Victorian WorkCover Authority (2006) Employee Representation CONFIDENTIAL Page 4 of 5
Appendix 1: OHS Issue Resolution Flow Chart CONFIDENTIAL Page 5 of 5