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WORKPLACE HEALTH & SAFETY

By on November 16, 2005

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Sarah Andrew, CMPA Project Manager

Recently the CMPA Project Manager attended a WorkSafe briefing which informed employers of their requirements under the Occupational Health and Safety Act 2004 specifically in relation to employee involvement. These obligations, unlike the vast majority of the Act, do not come into force until 1 January 2006.

The discussion focused on:

  • The improving health and safety statistics that have been seen this year with the fatality rate for 2005 being half that of last year, and injury rates dropping by 8%.
  • The five principles of health and safety in accordance with the new OHS Act (Table 1).
  • The basic concepts of OHS remain the same in that if risks can’t be eliminated, you must do what is reasonable practicable to reduce them.
  • The consultation benefits, requirements, and methods (discussed in detail below).
  • Changes in the Act to the Health and Safety Representatives such as the maximum 3 year term; the ability to have understudies or multiple persons filling the role; and training requirements including annual refresher courses.
  • Other, unrelated changes to the Act that were effective 1 July including the increased liability of officers, changes to the powers of inspectors, new incident notification and site preservation requirements, the internal review process, right of entry requirements for ARREOs, and the ability of WorkSafe to set enforceable undertakings.
  • Changes yet to be implemented, more particularly the duty of designers which will be relevant to our Associate Members. Further information on this area should become available over the coming months.

Consultation

Consultation has been highlighted in such a fashion in the OHS Act on the basis that:

  • Working together improves decision making about OHS.
  • Employers are made more aware of OHS issues being faced by employees.
  • Greater commitment by employees occurs.
  • It is required by law.

The requirements in the Act are not intended to be onerous, however will require some work within all businesses.

The key requirement is for employers to consult with employees on OHS matters so far as is reasonably practicable, that is considering the size, nature and location of the business and its workforce.

OHS matters which require consultation to occur include when setting up the consultation process within the business, when resolving health and safety issues, when monitoring workplace conditions, and when providing information and training.

This means talking with employees PRIOR to such decisions being made, rather then just letting employees know that they have been made. It is important to note that in all cases, except when setting up the consultation process, agreement is not necessarily the outcome, and rather decisions should be made in light of any comments. Consultation needs to extend only to those employees who are directly affected by an issue.

For instance weighbridge staff do not necessarily need to be consulted if there is an OHS issue with the screen house. Consultation would however have to occur with any independent contractors and their employees, such as a welder and their apprentices in the previous example.

The process as to how consultation should occur is not set out in concrete in the OHS Act. Rather, it is expected that a number of conditions will be met.

This includes:

  • Ensuring consultation occurs in a timely manner
  • Providing employees with a reasonable opportunity to express their views
  • Ensuring that views are considered before a decision is made
  • That there are clear, written, and agreed upon procedures for consultation in place

It is allowable, if agreed on by the employees, that consultation occurs through the Health and Safety Representative (HSR) or Health and Safety Committees if they exist.

Other methods of consultation include through toolbox meetings, one-on-one discussions, regular informal meetings, or at shift meetings. This is no requirement under the Act to record these meetings in any form, only the actual process needs to be in written form.

Employees have the right under the OHS Act to be represented. This right is an extension of the previous requirements, giving businesses greater flexibility in how they consult with their employees. Members need to consider this and ensure that new arrangements are made or old arrangements reviewed in time for the 1 January introduction.

The CMPA will look at developing a sample procedure for consultation processes for Members to use as a starting point.

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