Participate in the consultative procedures to manage OHS

Reading: Participate in the consultative procedures to manage OHS 11

2005

Participate in the consultative procedures to manage OHS 1

Management and consultation 2

Legislative requirements 2

Benefits of consultation 2

Getting the message across 4

Consultation mechanisms 5

Establishing consultative procedures 5

Functions of OHS committees/representatives 7

Training 8

Consultation in action 9

Consultation and risk management 9

Consultation action and feedback 9

Monitoring and reviewing consultation arrangements 10

Summary 11

Check your progress 11

Management and consultation

A key mechanism for the management of OHS in the workplace is to consult with employees, in order to tap into their capacity to help identify and resolve health and safety problems. This is a legal requirement under Section 13 of the Occupational Health and Safety Act 2000, and it is also good management practice.

Legislative requirements

The legislation provides a duty of care for all employers to consult with employees on health and safety matters. This duty to consult is based on the fact that employees’ input and participation improves decision-making about health and safety matters. Consultation is required by NSW legislation in the following situations:

  • when changes are proposed to the premises where people work; systems or methods of work; plant used for work or substances used for work
  • when OHS risks are assessed or reviewed
  • when decisions are made concerning measures to control or eliminate risks
  • when introducing or altering procedures for monitoring risks
  • when decisions are made about adequacy of facilities for the welfare of employees.

(Section 15, NSW OHS Act 2001)

Benefits of consultation

Consultation involves co-operation and feedback between the employer and the employees (including unions). Ideally, effective consultation should bring the following benefits:

  • Employees are often ideally placed to monitor and provide feedback on control safety measures introduced.
  • Employee awareness of OHS can be reflected in the job with an increased awareness of their own safety and the safety of others within their work environment.
  • Co-operation and commitment of employees is essential for the success of any OHS program. Co-operation and commitment are enhanced through consultation as employees have ownership in the OHS programs developed and implemented.
  • Consultation increases employee skills and willingness to identify workplace hazards, assess the level risk and suggest appropriate control measures. This can increase employee morale and job satisfaction as their views are valued and taken into account.
  • Employee participation provides valuable input into the development, review and quality improvement of OHS reporting and recording systems, organisational OHS policies and procedures.
  • Employee participation promotes a safe system of work.

Although management retains the decision-making power in this process, employees are in a good position to provide feedback on work methods, procedures and practices. They are usually aware of minor workplace incidents and other problems, for example, where short cuts are used to speed up work processes. Such information can lead to continuous improvement, with better decisions being made when identifying, assessing and controlling workplace health and safety risks.

NSW legislation requires that employers record their consultation arrangements (OHS Regulation 2001: C27(1) a) and publicise these arrangements among existing and new employees (OHS Regulation 2001: C27(1) b).

Getting the message across

As part of the consultation process there needs to be a two-way communication between management and employees. This includes:

  • Employees being made aware of what actions have been undertaken as a result of their feedback through formal consultative mechanisms such as OHS committees.
  • Employees being made aware of OHS initiatives through notice boards, staff and section meeting, circulars and supervisor communication.
  • Employees also require feedback on statistical data analysed, including the success of OHS policies, procedures and programs introduced within the organisation.

Consultation mechanisms

Consultation mechanisms used within workplaces include:

Management meetings—OHS needs to be discussed and acted on at these meetings.

OHS Committees—These are where representatives of employees and management regularly meet to discuss and recommend OHS action.

OHS representatives—These are people who fulfil the role of OHS committees in smaller workplaces.

Team/unit meetings—These are often informal meetings held within a unit/team when a need arises. These meetings can be used for discussion of issues and to provide information about safety issues. Good management is placing OHS on the agenda for each meeting.

Employee feedback—Use employee surveys and suggestions boxes to let management know what is happening and to give feedback.

Information giving—Give feedback and provide OHS information to employees through flyers, circulars, website or intranet pages, notice boards and video announcements.

Establishing consultative procedures

Employers must establish consultative procedures as follows:

  • through an OHS Committee—if an employer has 20 or more employees and the majority of them request that a committee be formed
  • through OHS representative/s—when requested by one or more employee(s).

Where a workplace is not required to establish an Occupational Health and Safety Committee or elect an Occupational Health and Safety representative, the employer and employees can agree on other arrangements for consultation to occur.

WorkCover NSW can also direct the establishment of an OHS Committee or an OHS representative. (Sections 16 & 17 of the OHS Act 2000 cover the legislative requirements for establishing an OHS Committee and OHS representatives.)

OHS committees must be representative of the workforce. For example, in a workplace which employs mainly young women, it would not be consistent with legal requirements to have an OHS committee consisting entirely of middle-aged men. Workers from all areas of the organisation should be able to have their say through the committee, and the committee should be chaired by an elected employee representative (not someone appointed by management). It is most important that workers’ OHS representatives and committee members are competent to fulfil their role effectively and are given training to enable them to do so.

OHS representatives must be elected by the employees, not appointed by the employer. The employees may elect more than one OHS representative if the employer agrees.

An important principle of the new health and safety legislation in NSW is that OHS committees or representatives are now elected to workgroups rather than workplaces. A workgroup consists of all the employees of an employer rather than just those employed in one location. So if the employer employs 20 or more people, even if there are only a few in any one location, the employees still have the right to elect an OHS committee, if a majority of employees request it.

Functions of OHS committees/representatives

The Act sets out the basic functions, powers, rights and duties of OHS committees and OHS representatives. The functions of committees and representatives are essentially the same:

1 to keep under review the measures taken to ensure the health, safety and welfare of persons at the place of work

2 to investigate any matter that may be a risk to health and safety at their place of work

3 to attempt to resolve the matter but, if unable to do so, to request an investigation by an inspector for that purpose.

Chapter 3 of the OHS Regulation creates some additional functions for committees and representatives:

  • to accompany an inspector on an inspection that affects the workgroup
  • to be an observer during any formal report by an inspector to the employer concerning the workgroup
  • to accompany an employee of the workgroup (if requested by the employee) during any interview by the employer regarding an OHS issue
  • to be an observer during any formal in-house investigation of a notifiable accident concerning the workgroup (a notifiable accident means one that has to be notified to WorkCover NSW)
  • to assist in the development of arrangements for recording workplace hazards and accidents
  • to make recommendations about the training of OHS representatives or members of OHS committees.

Once a consultative mechanism is established, the next step is to have agreed procedures for its operation. This could include procedures for:

  • meeting protocols
  • communication within the workplace
  • functions and roles of the employees involved
  • the training of employees involved in consultation
  • resolving OHS issues and disputes
  • role of the union
  • any other matter that may be necessary.

Training

Scenario

You work in a large IT section of a city-based organisation and you have just been elected a health and safety representative. You don’t know what you are supposed to do, or how to do it. What should you do?

In the first instance you should seek out several members who have been on the committee for a while and talk to them about your new role.

You also have the right to the same training as that received by an OHS committee member. Clause 31 of the Occupational Health and Safety Regulation 2001 provides detail on training that must be provided to OHS members and representatives. The training must be undertaken as soon as possible after the election of committees or representatives, unless approved training has already been undertaken. The code of practice recommends that training should be held within three months of election. Training should be completed within two months. The employer must consult about the arrangements for training of OHS committees and representatives (and members in other agreed arrangements), with regard to:

  • training needs
  • when training will occur
  • who should deliver training
  • how the training should be delivered (ie. should all members and representatives be trained together).

The OHS Regulation provides that training must be conducted either by a trainer accredited by WorkCover or a Registered Training Organisation.

Once you have had the training you will have a better idea of what to do. Meanwhile, you could get information from the WorkCover website (search the website for ‘consultation and training’) on the role and function of health and safety representatives.

Consultation in action

Consultation and risk management

To participate constructively in the consultative process for managing OHS, employees need information and training on work hazards they may face, and in relevant strategies for protecting health and safety. Without this information and training, workers will not be able to play an effective role in identifying, assessing and controlling OHS risks.

They also need to be given information on the employer’s duty of care in maintaining a working environment and work practices which do not present risks to workers’ health or safety.

Another important pre-requisite for participation in consultative procedures is that workers must be assured that they will not be dismissed or otherwise disadvantaged by exercising their functions as OHS representatives or committee members, or for reporting health and safety problems to their supervisors.

Consultation action and feedback

To ensure the ongoing effectiveness of consultative arrangements employees must receive feedback to the issues they raise and the suggestions they make. If this doesn’t happen, the whole process can lose credibility and lead to a reduction in commitment to the consultative arrangements.

For effective consultation, it is essential that:

  • relevant information is shared
  • employees have the opportunity to express their views, and
  • the employer takes those views into account.

Monitoring and reviewing consultation arrangements

Clause 22(4) of the NSW OHS Regulation 2001 requires consultation arrangements to be reviewed as occasion requires. Consultation is to be undertaken if requested by a majority of employees in the workgroup or if there has been a significant change in the composition of the workgroup that is not reflected in the existing arrangements.

Summary

Effective consultation is a key to successful management of OHS risks. Employees need safe systems of work and a work environment which will not put their health or safety at risk. By participating in consultative procedures, workers can support the process of identifying, assessing and controlling risks of injury or work-related illness.

Employees need adequate information and training so that they can play a meaningful role through whatever consultative mechanisms exist at their workplace. By providing such information and training and establishing systems for consultation and communication, employers can ensure that they meet legislative requirements in this regard.