Chris Tuck posted on September 27, 2010 17:55
In NSW the employer’s duty to consult with employees applies to all employers regardless of the number of employees they have or whether there is a request for an OHS Committee.
The duty to consult is based on recognition that employee input and participation improves decision-making about health and safety matters.
The purpose of the duty to consult is to ensure there is meaningful and effective consultation about matters that may affect employees’ health, safety and welfare so there is reduced injury and disease.
NSW has a Code of Practice that outlines the requirements – and options available – in relation to consultation. The Code of Practice is a practical guide for meeting the duty to consult set out in the Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001.
Uniquely in Australia the OHS Act provides choices on how consultation can occur. An OHS Committee, OHS Representative or ‘Other Agreed Arrangements’ may be established. The legislation allows choice to enable the employer and their employees to adopt the consultative arrangement which they believe will best ensure effective and meaningful consultation. In most other States and Territories there are mandatory requirements in various situations.
An OHS Committee is an option where there is a desire for a representative group to come together in a co-operative way to improve the employer’s systems for managing health and safety. An OHS Representative is an option where there would be a benefit from having an individual employee representative for a designated group of workers. Under Other Agreed Arrangements, the employer and their employees may agree on a consultative framework that is different to having an OHS Committee or OHS Representative structure.
The relevant contents of the Code are as follows:
• Duty to consult – Introduction; Benefits of consultation;
• What is consultation; other employers; Employee victimisation; volunteers
• When to consult – What’s involved in applying a systematic approach to OHS; Hazard identification, risk assessment and risk control; Measuring safety performance; Training and information; Welfare; Emergency procedures
• Deciding on OHS consultation arrangements – Consultation options; Consultation to set up OHS consultation arrangements; Issues to be considered; OHS Consultation Statement; Monitoring and reviewing consultation arrangements.
• Workgroups – What is a workgroup? What must be considered in determining a workgroup? Relationship between workgroups.
• OHS Committees – What do OHS Committees do? What makes an OHS Committee work well? What makes a meeting work well? How to set up an OHS Committee.
• OHS Representatives – What do OHS Representatives do? What makes an OHS Representative work well? How to establish an OHS Representative.
• Other Agreed Arrangements – What are Other Agreed Arrangements? Consultation; Establishment; Functions; Participation; Review; WorkCover NSW Directions.
• Relationship between OHS Committees and OHS Representatives – Employer to consult on inter-relationship; Delineation of role; Election of OHS Committee members; Resolving OHS issues.
• Facilitation and support of the OHS consultation process – Payment; Access; Facilities; Elections.
• OHS consultation training – Training arrangements; Training for Other Agreed Arrangements; Training for OHS Committees and OHS Representative; Additional OHS consultation training.
The Code also has a number of case studies and schedules attached (which provide useful; examples of things like OHS Committee minutes of meetings, Agendas etc)