The Write Advice

with Gordon Meggatt

How to build a safe workplace through employee consultation

This duty of care forms part of the Occupational Health and Safety (OHS) Act which is the overriding legislation that covers all NSW workplaces. It is designed to reduce the number of injuries and illnesses in the workplace.

As an employer you also have the duty to consult with employees on the procedures that should be followed to eliminate or reduce work-related injury and illness and to promote health and well-being.

But not only is this a legal responsibility – there are very real benefits for an employer to implement and maintain a consultative approach. It ensures that a safe and healthy work environment, and work practices, programs and procedures are actually created and maintained by the people who must work within these systems and be guided by them.

Workplace consultation explained simply

Why do employers need to consult with employees on workplace safety?

It is a legal requirement for all businesses in NSW to consult with employees on workplace health and safety which may affect them in the workplace. This requirement is contained in section 13 of the OHS Act 2000 as a 'Duty to Consult'.

The best outcomes in OHS come when employees are involved in the process. Consulting with employees and having a formal mechanism to do this is an effective way of involving employees in workplace safety.

What does this new requirement mean for your business?

This means that your business must discuss with your employees the requirement to consult on workplace safety and to decide and agree on which form of consultation arrangement you will have.

During discussions with your employees, you can choose between an OHS Committee/s, OHS Representative/s or some other 'agreed arrangement' to use to conduct the consultation.

Section 17 (4) of the OHS Act 2000 states that an employer may make arrangements for the establishment of an OHS Committee or the election of an OHS Representative whether or not it has been requested by the employees.

Consultation meetings will need to be conducted from time to time and you will need to keep records of this consultation.

Has the old requirement for a committee in some businesses changed?

No. An OHS Committee is one of the forms which Consultation with your employees can take. If you have a committee, you can keep this as your form of consultation, providing that your employees agree to keep it (after the end of the current Committee term).

An OHS Committee would be established if you employ 20 or more persons, and the majority of them requests that a committee is formed; or if WorkCover directs that you form an OHS Committee.

You already have an OHS Committee, do you need to change?

No. If you currently have an OHS Committee which was formed under the 1983 OHS Act, this committee may keep operating until the end of its two year term (an OHS Committee is formed for two years).

The committee does not need to keep operating if you agree that you will use a different arrangement such as OHS Representative/s or an 'agreed alternative form of consultation'.

At the end of the OHS Committee's two year term, you need to discuss the type of consultation arrangement you will use in the business and whether to keep an OHS Committee, or have an OHS Representative/s or an 'agreed alternative form of consultation'. If you decide to change from an OHS Committee to something different, you have three months from the end of the Committee's term to implement the new arrangement.

Do you need to train your safety rep or committee?

Yes. WorkCover NSW has prescribed a WorkCover-accredited four day Consultation Course as the training requirement for all OHS Committee members and OHS Representatives.

Where you use 'Other agreed arrangements' for your OHS consultation, you will need to consult with your employees about training which may be needed by participants.

Where can you get this WorkCover accredited training?

WorkCover NSW has accredited various OHS professionals who deliver this training.

ABL OHS Services have accredited trainers who deliver this training. There are regular local public training courses or alternatively our trainers can deliver the course at your work site.

What sorts of things should I consult with employees about?

Consultation is required under the OHS Act 2000 when:

• risks are being assessed, and when risk assessments are being reviewed;

• decisions are being made about measures to eliminate or control risks;

• introducing or changing procedures used to monitor the risks (e.g. health surveillance);

• decisions about facilities for welfare of employees;

• changes are proposed which could affect health, safety, or welfare. This includes changes to premises, systems of work, methods of work, plant or substances use for work;

• deciding about consultation arrangements to be used.

Examples would include safety inspections, training, processes, how work is being conducted, risk controls, etc.

For more information, contact Australian Business Ltd on 132 696.