Over the past few weeks, we have been providing you with and overview of some of the elements in the new Work Health and Safety Act 2020 (WHS Act) that is due to be implemented this year. One of the biggest assets of any company is its workers, so this week we will looking at what the new act means for the consultation with workers and representation of workers.
CONSULTATION WITH WORKERS (SECTIONS 47-49)
Consultation contributes greatly to work health and safety. Under the new WHS Act there is a general duty to consult. Consultation is a collaborative process between PCBUs and their workers, involving the sharing of information about work health and safety. It is important to ensure that the views of workers are considered when making workplace health and safety decisions. An agreement does not need to be reached, however when there is an agreed consultation procedure then consultation must be according to the procedure.
A PCBU must consult with workers and take their views into account when:
- identifying hazards and assessing risks arising from work
- proposing changes that may affect the health and safety of workers
- whenever specifically required to do so under particular regulations
When considering making decisions about:
- ways to eliminate or minimise risks
- the adequacy of facilities for workers’ welfare at work
- procedures for consulting with workers procedures for resolving health and safety issues
- procedures for monitoring the health of workers or workplace conditions
- how to provide health and safety information and training to workers.
Workers who have been consulted under these provisions must be advised of the outcome in a timely manner. There is no particular way this advice must be given — for example, it could be given at a ‘toolbox’ meeting or posted as an intranet news item.
REPRESENTATION AND PARTICIPATION OF WORKERS
Workers are entitled to:
- elect a health and safety representative (HSRs) if they wish to be represented by one
- request the formation of a health and safety committee if they wish
- cease unsafe work in certain circumstances
- have health and safety issues at the workplace resolved in accordance with an agreed issue resolution procedure
- not be discriminated against for raising health and safety issues
Where a HSR represents workers, then the consultation must involve the HSR so far as reasonably practicable, and also consult at times, places and in ways that are convenient for the workers and the HSR. Health and safety representatives are elected by a work group to represent their interests, the HSR must be member of the work group. Once the HSR has been elected the PCBU must keep a current list of all HSRs and deputy HSRs for the workplace and display a copy at the workplace.
The Significance of Worker Representation in The New WHS Act
Work Health and Safety (WHS) is a new law that pays more attention to the consultation and the representation of workers in organisations. Business is expected to involve employees in work safety consultations, help identify hazards, manage risks and improve work. Proper use of consultation does not only contribute to compliance but also makes work places safer and more productive. Sheq Management is able to offer advice so as to help organisations to understand their WHS obligations better.
The Importance of Worker Consultation
Workers are likely to possess direct information on the risks of operations and hazards at work. Employee participation in safety decisions enables organisations to realise problems at an earlier stage, and put workable solutions in place before accidents take place.
The positive aspects of a successful consultation are:
- Improved hazard identification
- Enhanced interteam communication
- Increased employee engagement
- Stronger WHS compliance
- Reduced workplace incidents
The employees will also perform their safety procedures better when they believe that their concerns are heard and taken care of by the management.
The Health and Safety Representatives
The use of Health and Safety Representatives (HSRs) within the WHS framework is significant as they assist in the representation of the issues of employees and aid in the communication between management and workers. HSRs are able to help in inspection of the workplace, safety conversations, and finding areas of improvement.
HSRs may have key roles such as:
- Supervising occupational safety precautions
- Reporting worker concerns
- Helping with risk evaluations
- Promoting safer work practices
Training and resources enable HSRs to carry out their job with confidence and foster an effective culture of workplace safety.
Developing a Better Safety Culture
The process of consultation is supposed to be continuous and not necessarily reactionary to incidents in the workplace. Companies which promote free dialogue tend to have improved safety results and enhanced employee confidence.
To enhance consultation, organisations can:
- Holding frequent safety meetings
- Encouraging hazard reporting
- Encouraging hazard reporting
- Communicating workplace safety information
- Engaging the workers in policy reviews
Cooperation is beneficial because it assists companies to keep on enhancing health and safety performance in the workplace.